History of the Thirty-Ninth Congress of the United States

by William Horatio Barnes

Without actually bringing the charge of unconstitutionality against this measure, the President declared "that Congress is bound to observe the letter and spirit of the Constitution, as well in the enactment of local laws for the Seat of Government, as in legislation common to the entire Union."

The Civil Rights Bill having become a law, it was, in the opinion of the President, a sufficient protection for the negro. "It can not be urged," said he, "that the proposed extension of suffrage in the District of Columbia is necessary to enable persons of color to protect either their interests or their rights."

The President argued that the negroes were unfitted for the exercise of the elective franchise, and "can not be expected correctly to comprehend the duties and responsibilities which pertain to suffrage. It follows, therefore, that in admitting to the ballot-box a new class of voters not qualified for the exercise of the elective franchise, we weaken our system of government instead of adding to its strength and durability. It may be safely assumed that no political truth is better established than that such indiscriminate and all-embracing extension of popular suffrage must end at last in its destruction."

The President occupied a considerable portion of his Message with a warning to the people against the dangers of the abuse of legislative power. He quoted from Judge Story that the legislative branch may absorb all the powers of the government. He quoted also the language of Mr. Jefferson that one hundred and seventy tyrants are more dangerous than one tyrant.

The statements of the President in opposition to the bill were characterized by Mr. Sherman as "but a resume of the arguments already adduced in the Senate," hence but little effort was made by the friends of the measure to reply.

Mr. Sherman, in noticing the President's statements in regard to the danger of invasions by Congress of the just powers of the executive and judicial departments, said, "I do not think that there is any occasion for such a warning, because I am not aware that in this bill Congress has ever assumed any doubtful power. The power of Congress over this District is without limit, and, therefore, in prescribing who shall vote for mayor and city council of this city it can not be claimed that we usurp power or exercise a doubtful power.

"There can be but little danger from Congress; for our acts are but the reflection of the will of the people. The recent acts of Congress at the last session, those acts upon which the President and Congress separated, were submitted to the people, and they decided in favor of Congress. Unless, therefore, there is an inherent danger from a republican government, resting solely upon the will of the people, there is no occasion for the warning of the President. Unless the judgment of one man is better than the combined judgment of a great majority, he should have respected their decision, and not continue a controversy in which our common constituency have decided that he was wrong."

The last speech, before taking the vote, was made by Mr. Doolittle. "Men speak," said he, "of universal negro suffrage as having been spoken in favor of in the late election. There is not a State in this Union, outside of New England, which would vote in favor of universal negro suffrage. When gentlemen tell me that the people of the whole North, by any thing that transpired in the late election, have decided in favor of universal, unqualified negro suffrage, they assume that for which there is no foundation whatever."

The question being taken whether the bill should pass over the President's veto, the Senate decided in the affirmative by a vote of twenty-nine yeas to ten nays.

The next day, January 8th, the bill was passed over the veto by the House of Representatives, without debate, by a vote of one hundred and thirteen yeas to thirty-eight nays. The Speaker then declared that notwithstanding the objections of the President of the United States, the act to regulate the elective franchise in the District of Columbia had become a law.