642 



PUBLIC DOCUMENTS. 



tion of the African slave-trade from American ports 

 or by American citizens has altogether ceased, and, 

 under existing circumstances, no apprehensions of 

 its renewal in this part of the world are entertained. 

 Under these circumstances it becomes a question 

 whether we shall not propose to her Majesty's Gov- 

 ernment a suspension or discontinuance of the stipu- 

 lations for maintaining a naval force for the sup- 

 pression of that trade. 



ANDREW JOHNSON. 



WASHINGTON, December 3, 1867. 



Veto ~by the President of the till to regulate 



the elective franchise in the District of 



Columbia. 

 To the Senate of tJie United States : 



I have received and considered a bill entitled " An 

 act to regulate the elective franchise in the District 

 of Columbia," passed by the Senate on the 18th of 

 December, and by the House of Representatives on 

 the succeeding day. It was presented for my ap- 

 proval on the 26th ultimo six days after the adjourn- 

 ment of Congress and is now returned with my 

 objections to the Senate, in which House it origi- 

 nated. 



Measures having been introduced, at the com- 

 mencement of the first session of the present Con- 

 gress, for the extension of the elective franchise to 

 persons of color in the District of Columbia, steps 

 were taken by the corporate authorities at Washing- 

 ton and Georgetown to ascertain and make known 

 the opinion of the people of the two cities upon a 

 subject so immediately affecting their welfare as a 

 Community. The question was submitted to the 

 people at special elections, held in the month of De- 

 cember, 1805, when the qualified voters of Wash- 

 ington and Georgetown, with great unanimity of 

 sentiment, expressed themselves opposed to the 

 contemplated legislation. In Washington, in a voie 

 of 6,556 the largest, with but few exceptions, ever 

 polled in that city only 82 ballots were cast 

 for negro suffrage ; while in Georgetown, in an ag- 

 gregate of 813 votes a number considerably in 

 excess of the average vote at the four preceding 

 annual elections but one was given in favor of the 

 proposed extension of the elective franchise. As 

 these elections seem to have been conducted with 

 .entire fairness, the result must be accepted as a truth- 

 ful expression of the opinion of the people of the Dis- 

 trict, upon the question which evoked it. Possessing, 

 as an organized community, the same popular right 

 as the inhabitants of a State or Territory, to make 

 known their will upon matters which affect their 

 social and political condition, they could have 

 selected no more appropriate mode of memorial- 

 izing Congress upon the subject of this bill than 

 through the suffrages of their qualified voters. 



Entirely disregarding the wishes of the people of 

 the District of Columbia, Congress has deemed it 

 right and expedient to pass the measure now sub- 

 mitted for my signature. It therefore becomes the 

 duty of the Executive, standing between the legisla- 

 tion of the one and the will of the other, fairly ex- 

 pressed, to determine whether he should approve 

 the bill, and thus aid in placing upon the statute- 

 books of the nation a law against which the people 

 to whom it is to apply have solemnly and with such 

 unanimity protested, or whether he should return 

 it with his objections, in the hope that, upon reconsid- 

 eration, Congress, acting as the representatives of 

 the inhabitants of the seat of Government, will per- 

 mit them to regulate a purely local question as to 

 them may seem best suited to their interests and 

 condition. 



The District of Columbia was ceded to the United 

 States by Maryland and Virginia, in order that it 

 might become the permanent seat of Government of 

 the United States. Accepted by Congress, it at once 



became subject to the " exclusive legislation " for 

 which provision is made in the Federal Constitution. 

 It should be borne in mind, however, that in exercis- 

 ing its functions as the law-making power of the 

 District of Columbia, the authority of the national 

 Legislature is not without limit, but that Congress 

 is bound to observe the letter and spirit of the Con- 

 stitution, as well in the enactment of local laws for 

 the seat of Government as in legislation common to 

 the entire Union. Were it to be admitted that the 

 right " to exercise exclusive legislation in all cases 

 whatsoever" conferred upon Congress unlimited 

 power within the District of Columbia, bills of at- 

 tainder and ex post facto laws might be passed and 

 titles of nobility granted within its boundaries. 

 Laws might be made " respecting an establishment 

 of religion, or prohibiting the free exercise thereof, 

 or abridging the freedom of speech or of the press ; 

 or the right of the people peaceably to assemble 

 and to petition the Government for a redress of 

 grievances." " The right of the people to be secure 

 in their persons, houses, papers, and effects, against 

 unreasonable searches and seizures," might with 

 impunity be violated. The right of trial by jury 

 might be denied, excessive bail required, excessive 

 fines imposed, and cruel and unusual punishments 

 inflicted. Despotism would thus reign at the seat of 

 Government of a free Republic, and, as a place of 

 permanent residence, it would be avoided by all who 

 prefer the blessings of liberty to the mere emoluments 

 of official position. 



It should also be remembered that in legislating 

 for the District of Columbia, under the Federal Con- 

 stitution, the relation of Congress to its inhabitants 

 is analogous to that of a Legislature to the people of 

 a State, under their own local constitution. It does 

 not, therefore, seem to be asking too much that, in 

 matters pertaining to the District, Congress should 

 have a like respect for the will and interests of its 

 inhabitants as is entertained by a State Legislature 

 for the wishes and prosperity of those for whom they 

 legislate. The spirit of our Constitution and the 

 genius of our Government require that, in regard to 

 any law which is to affect and have a permanent bear- 

 ing upon a people, their will should exert at least a 

 reasonable influence upon those who are acting in the 

 capacity of their legislators. Would, for instance, 

 the Legislature of the State of New York, or of 

 Pennsylvania, or of Indiana, or of any State in the 

 Union, in opposition to the expressed will of a large 

 majority of the people whom they were chosen to 

 represent, arbitrarily force upon them, as voters, all 

 persons of the African or negro race and make 

 them eligible for office, without any other qualifica- 

 tion than a certain term of residence within the 

 State ? In neither of the States named woujd the 

 colored population, when acting together, be able to 

 produce any great social or political result. Yet, in 

 New York, before he can vote, the man of color 

 must fulfil conditions that are not required of the 

 white citizen ; in Pennsylvania, the elective fran- 

 chise is restricted to white freemen ; while in Indi- 

 ana negroes and mulattoes are expressly excluded 

 from the right of suffrage. It hardly seems consist- 

 ent with the principles of right and justice that 

 representatives of States where suffrage is either 

 denied the colored man, or granted to him on quali- 

 fications requiring intelligence or property, should 

 compel the people of the District of Columbia to 

 try an experiment which their own constituents 

 have thus far shown an unwillingness to test for 

 themselves. Nor does it accord with our repub- 

 lican ideas that the principles of self-government 

 should lose its force when applied to the residents 

 of the District merely because their legislators are 

 not, like those of the States, responsible, through the 

 ballot, to the people for whom they are the law- 

 making power. 



The great object of placing the seat of Government 

 under the exclusive legislation of Congress was to 



