« AnteriorContinuar »
own governor or judges; they are wholly subject to Congress, and have no political power or rights except such as Congress sees fit to give them; they come into the Union as a State only by the permission of Congress. The objects of a Territorial government are to protect the people while it continues, and to prepare the Territory for Statehood.
595. Requisites for Admission.—The Constitution commits the admission of new States wholly to the discretion of Congress. The history of the States admitted shows some diversity of practice in minor points. Congress determines the boundaries of new States formed from the public domain, fixes the time and manner of admission, and requires a constitution republican in form. No rule as to the size or population of a new State has at any time been followed. Many points of detail are settled in advance, some in the law organizing the Territory, and others in a special act called an Enabling Act, which authorizes the people to frame a constitution and apply for admission to the Union. In several cases, however, enabling acts have not been passed.
596. New States.—The following table contains the names of the new States, the designation of the territory out of which they were formed, and the dates of their admission to the Union. West Virginia, for reasons that will appear, has a separate paragraph.
Vermont, originally claimed by New Hampshire and New York, and in part by Massachusetts, March 4, 1791.
Kentucky, formed from Virginia, June 1, 1792.
Mississippi, formed from the North Carolina, South Carolina, and Georgia cessions, and from the French and Spanish annexations of 1803 and 1819 to the extent of the portions lying south of the parallel of 31° north latitude, December 10, 1817.
Illinois, formed from the Northwest Territory, December 3, 1818.
Michigan, formed from the Northwest Territory, January 26, 1837. Florida, formed from territory acquired from Spain, March 3, 1845. Texas, previously an independent power, December 29, 1845. Iowa, formed from the Louisiana purchase, December 28, 1846, Wisconsin, formed from the Northwest Territory, May 29, 1848.
California, formed from first Mexican annexation, September 9, 1850.
Minnesota, formed in part from the Northwest Territory and in part from the Louisiana purchase, May 11, 1858.
Oregon, formed from the Oregon country, February 14, 1859. Kansas, formed from the Louisiana purchase, January 29, 1861. · West Virginia, formed from Virginia, June 19, 1863.
Nevada, formed from the first Mexican annexation, October 31, 1864.
Nebraska, formed from the Louisiana purchase, March 1, 1867.
Colorado, formed in part from the Louisiana purchase and in part from the first Mexican annexation, August 1, 1876.
North Dakota, formed from the Louisiana purchase, November 2, 1889.
South Dakota, formed from the Louisiana purchase, Noveniber 2, 1889.
Montana, formed in part from the Louisiana purchase and in part from the Oregon country, November 8, 1889.
Washington, formed from the Oregon country, November 11, 1889.
Idaho, formed in part from the first Mexican annexation, and in part from the Oregon Country, July 3, 1890.
Wyoming, formed from the first Mexican annexation in part, and in part from the Louisiana purchase, July 10, 1890.
Utah, formed from the first Mexican Annexation, January 4, 1896.
Twenty-one of the 45 States of the Union have been formed in whole or in part from territory that at one time belonged to Spain, not to speak of Spanish claims to parts of the country that were never allowed.
597. West Virginia.—Before the Civil War there were considerable divergencies of feeling and interest between the two sections of the State of Virginia, as divided by the Alleghany Mountains. These divergencies culminated at the beginning of the War; the people on one side of the mountains going with the Southern Confederacy, the people on the other remaining faithful to the Union. In April, 1861, a State convention at Richmond passed an ordinance of secession. In June following a State convention at Wheeling, consisting mainly
of delegates from the western part of the State, passed an ordinance declaring that the State officers, who had become secessionists, had vacated their offices, appointed a Governor, and provided for the election of a new Legislature. It also passed an ordinance submitting to a popular vote the question of erecting a new State to be called Kanawha. In October the people voted in favor of the new State, and at the same time elected delegates to a convention to frame a constitution. In April, 1862, the people adopted the constitution that the convention had framed. But this did not suffice: the National Constitution made the consent of the Legislature of Virginia, as well as of Congress, necessary. So in May the Legislature elected in pursuance of the call issued by the Wheeling convention the year before, composed of the representatives of the 40 western counties but styled the Legislature of Virginia, gave the formal consent of Virginia. Congress admitted the Senators chosen by the same Legislature, and in December, 1862, passed an act to admit the State on the adoption of a plan for the gradual abolition of slavery. In the course of these transactions the name of Kanawha was dropped and the present one substituted. After the War, the Legislature of Virginia acknowledged the validity of the formation of the new State.
The admission of Utah into the Union as a State leaves four Territories : New Mexico, organized in 1850, Arizona, organized in 1863, and Oklahoma, organized in 1890. Alaska is not called an organized Territory; it has a governor appointed by the President and Senate but no Legislature. The Territory is wholly subject to the laws of Congress.
NOTE.—The disposition to be made of the public lands was long a very important question, and it still remains a subject of considerable interest. Before the Civil War there were considerable differences of opinion concerning the subject, but on the whole a liberal policy was pursued, particularly in respect to settlers. But the most liberal of all measures is the Homestead Law enacted in 1862. This law provides that any citizen, or applicant for citizenship, over 21 years of age may enter on 160 acres of any unappropriated lands valued at $1.25 an acre, or on 80 acres valued at $2.50, on payment of a nominal fee of $5 or $10, and that after five years of actual residence he shall receive a patent for the same from the General Land Office, which is a valid title from the Government. If the settler wishes to complete his title before the expiration of five years, he can pay for the land at the price fixed. The great argument for this law is the desirability of promoting the settlement of the wild lands and of attaching the settlers to the Government. The principle is that every citizen shall have a home. Large quantities of the public lands have been applied to the promotion of public works and schools. (See Chapter LVI for facts relating to schools. “The Public Domain,” edited by Thomas Donaldson and published by the Government, is a vast mine of information in relation to the public lands.)
NATIONAL GUARANTEES TO THE STATES.
Section 4.- The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.
598. The States Republican.-With certain limitations imposed by the National Constitution, the States are left free to organize their own governments in their own way. One of these limitations is that their governments shall be republican. A State can be suffered neither to set up a non-republican government for itself nor to continue under one imposed by another power. This is rendered necessary by the nature of the American system; a monarchical state in a federal republic would surely be an anomaly.
599. Congress to Decide.—The Constitution does not say what authority shall exercise this power of guarantee, , or even define a republican government. The guarantee itself involves the power to decide all questions growing out of it. In 1841-42 there were in the State of Rhode Island two governments, each claiming to be established. In the celebrated case of Luther v. Borden, 'which grew out of the controversey, the Supreme Court decided that this power resides in Congress. “And its decision [that of Congress] is binding on every other department of the Government, and could not be questioned in a judicial tribunal.”
600. Invasion and Domestic Violence.-Protecting a State against invasion and violence is protecting the Union itself; and it is the more reasonable that the Nation should furnish it because of the denial to the States of the right to keep ships of war and troops in time of peace. The laws make it the duty of the President to afford this protection, and they give him power to use the standing army and to call out the militia for this purpose. case of invasion, no application for protection is necessary; the President, as commander-in-chief, chooses his own time and mode of action; but in case of violence the procedvery
Procedure in Cases of Violence.- Domestic violence is resistance to the law and authority of a State ; to suppress it is, first, the duty of the State authorities. The President cannot even issue a proclamation commanding law-breakers to disperse until a formal application has been made to him, unless the operations of the National Government are interfered with.
The common mode of proceeding when State laws are resisted, is this : (1) The local police, as the sheriff and his posse, attempt to maintain order; (2) failing in the attempt, the sheriff calls upon the Governor of the State for aid ; (3) the Governor, if in his judgment the emergency calls for it, orders out the State militia ; (4) the militia failing, the Governor, or the Legislature if in session, makes an application for aid to the President, who (5) becomes the judge of the emergency. It is important to state, however, that if the insurrection in any way interrupts the operations of the National Government, the President can, if he thinks necessary, at once send the National troops or call out the militia to put an end to such interruption.
602. Reasons for the Distinction.—The reasons for making the distinction between invasion and violence are obvious. Invasion is not only the more imminent peril, but it is also a direct challenge of the National authority. On the other hand, it is the duty of any government, as a State government, to enforce its own laws. A government that cannot ordinarily enforce its own laws, but must rely upon another government to do so, is no government at all.