the exercise of the elective franchise and the right
to hold office are expressly limited to white citizens of the United
States. Congress thus undertakes to authorize and compel the legislature
to change a constitution which, it is declared in the preamble, has
received the sanction of the people, and which by this bill is
"accepted, ratified, and confirmed" by the Congress of the nation.

The first and third sections of the bill exhibit yet further
incongruity. By the one Nebraska is "admitted into the Union upon an
equal footing with the original States in all respects whatsoever,"
while by the other Congress demands as a condition precedent to her
admission requirements which in our history have never been asked of
any people when presenting a constitution and State government for the
acceptance of the lawmaking power. It is expressly declared by the third
section that the bill "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." Neither more nor less
than the assertion of the right of Congress to regulate the elective
franchise of any State hereafter to be admitted, this condition is in
clear violation of the Federal Constitution, under the provisions of
which, from the very foundation of the Government, each State has been
left free to determine for itself the qualifications necessary for
the exercise of suffrage within its limits. Without precedent in our
legislation, it is in marked contrast with those limitations which,
imposed upon States that from time to time have become members of the
Union, had for their object the single purpose of preventing any
infringement of the Constitution of the country.

If Congress is satisfied that Nebraska at the present time possesses
sufficient population to entitle her to full representation in the
councils of the nation, and that her people desire an exchange of a
Territorial for a State government, good faith would seem to demand that
she should be admitted without further requirements than those expressed
in the enabling act, with all of which, it is asserted in the preamble,
her inhabitants have complied. Congress may, under the Constitution,
admit new States or reject them, but the people of a State can alone
make or change their organic law and prescribe the qualifications
requisite