ne-half of all the
registered voters voting upon the question, a copy of the same, duly
certified, shall be transmitted to the President of the United States,
who shall forthwith transmit the same to Congress and if it shall
appear to Congress that the election was one at which all the
registered and qualified electors in the State had an opportunity to
vote freely and without restraint, fear, or the influence of fraud,
and if Congress shall be satisfied that such constitution merits the
approval of a majority of all the qualified electors in the State,
and if the said constitution shall be declared by Congress to be in
conformity with the provisions of the Act to which this is
supplementary, and the other provisions of said Act shall have been
complied with, and the said constitution shall be approved by Congress,
the State shall be declared entitled to representation, and senators
and representatives shall be admitted therefrom as therein provided."
The President promptly vetoed the bill. Among various objections he
said, "This supplemental bill superadds an oath to be taken by every
person, before his name can be admitted upon the registration, that
he 'has not been disfranchised for participation in any rebellion or
civil war against the United States.' It thus imposes upon every
person the necessity and responsibility of deciding for himself, under
the penalty of punishment by a military commission if he makes a
mistake, what works disfranchisement by participation in rebellion and
what amounts to such participation. . . . The question with the citizen
to whom this oath is to be proposed must be a fearful one, for while
the bill does not declare that perjury may be assigned for such false
swearing nor fix any penalty for the offense, we must not forget that
martial law prevails and that every person is answerable to a military
commission, without previous presentment by a grand jury, for any
charge that may be made against him, and that the supreme authority of
the military commander determines the question as to what is an offense
and what is to be the measure of punishment. . . . I do not deem it
necessary further to investigate the details of this bill. No
consideration could induce me to give my approval to such an election
law for any purpose, and especially for the great purpose of framing
the constitution of a State. If ever the American citizen should be
left to the free exercise of his own judgment, i
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