was no opportunity for a proper consideration of the subject, I withheld
my signature and the measure failed to become a law.

It appears by the preamble of this bill that the people of Nebraska,
availing themselves of the authority conferred upon them by the act
passed on the 19th day of April, 1864, "have adopted a constitution
which, upon due examination, is found to conform to the provisions and
comply with the conditions of said act, and to be republican in its form
of government, and that they now ask for admission into the Union."
This proposed law would therefore seem to be based upon the declaration
contained in the enabling act that upon compliance with its terms the
people of Nebraska should be admitted into the Union upon an equal
footing with the original States. Reference to the bill, however, shows
that while by the first section Congress distinctly accepts, ratifies,
and confirms the Constitution and State government which the people of
the Territory have formed for themselves, declares Nebraska to be one
of the United States of America, and admits her into the Union upon an
equal footing with the original States in all respects whatsoever, the
third section provides that this measure "shall not take effect except
upon the fundamental condition that within the State of Nebraska there
shall be no denial of the elective franchise, or of any other right,
to any person by reason of race or color, excepting Indians not
taxed; and upon the further fundamental condition that the legislature
of said State, by a solemn public act, shall declare the assent of
said State to the said fundamental condition, and shall transmit to
the President of the United States an authentic copy of said act, upon
receipt whereof the President, by proclamation, shall forthwith announce
the fact, whereupon said fundamental condition shall be held as a part
of the organic law of the State; and thereupon, and without any further
proceeding on the part of Congress, the admission of said State into the
Union shall be considered as complete." This condition is not mentioned
in the original enabling act; was not contemplated at the time of its
passage; was not sought by the people themselves; has not heretofore
been applied to the inhabitants of any State asking admission, and is in
direct conflict with the constitution adopted by the people and declared
in the preamble "to be republican in its form of government," for in
that instrument