CHAPTER IX.

WHY WE HAVE STATES.

1. _Historical reason_. We have states now because we had such

organizations at the time this government was established. The colonies,

founded at different times, under different auspices, by people differing

in religion, politics, and material interests, remained largely

independent of each other during colonial times, and on separating from

England became independent _states_.

2. _Geographical reason_. Different climatic and topographic conditions

give rise to different industries, and therefore necessitate different

regulations or laws.

3. _Theoretical reason_. The theory of our government is that of

_decentralization of power_.[Footnote: There being a constant tendency to

centralization, this thought should be emphasized. See Nordhoff's Politics

for Young Americans. (71)] That is, we think it best to keep power as near

as possible to the people. If a certain work can be accomplished fairly by

individual enterprise, we prefer that it be done so rather than through

any governmental agency. If work can be done by the town just as well as

by the county, we assign it to the town. And as between the state and the

general government, we assign no duty to the latter which can be performed

as well by the former.

4. _Practical reasons_. There are many practical reasons. Among them may

be mentioned the following:

We need the state as a basis for the apportionment of members of congress.

This is a federal republic, and representation in the national councils

can be had only through statehood.

We need the state to establish a system of education, to control

corporations, to put down riots when the local authorities cannot do so,

to establish the smaller organizations, etc. These are some of the things

referred to in paragraph three, which the state can do better than the

general government.

There is in the state also a high court of justice to which cases may be

appealed from the courts below.

HOW STATES ARE CREATED.

The "old thirteen" originated in revolution. They _declared_ themselves

"free and independent states," and maintained the declaration by force of

arms. Each became a state "in the Union" by ratifying the constitution.

Under the constitution states have been admitted into the Union on terms

prescribed by congress. The plan in general is as follows:

1. When the number of people in a territory equals or nearly equals the

number required to secure a representative in congress, the inhabitants

thereof may petition congress, through their delegate, for an act

authorizing the formation of a state government.

2. If the petition is granted, an "enabling act" is passed. This usually

defines the territory to be comprised in the new state, provides for the

calling of a constitutional convention, requires that the state government

to be framed shall be republican in form, states the number of

representatives in congress which the state shall have until the next

census, and offers a number of propositions for acceptance or rejection by

the convention. Among these are proposals giving land for the support of

common schools and of a university, and for the erection of public

buildings; and offering a portion of the net proceeds of the sale of

public lands within the state for internal improvements. These offers are

conditioned upon non-interference on the part of the state with the

holding and selling by the United States of the lands within the state

owned by the general government, and their exemption from taxation. The

enabling act for Minnesota is given in the appendix, pp. 355-8. It is in a

large measure typical. Students in most of the states can find the

enabling act for their state in the legislative manual thereof.

Michigan, Kansas and Oregon formed their constitutions without an enabling

act.

3. The constitutional convention provided for in the enabling act, having

ascertained that it is the wish of the people to form a state, frames a

constitution and submits it to the people of the proposed state for

adoption.

4. If it is adopted, [Footnote: Wisconsin rejected the constitution of

1846, and New York that of 1867.] copies of the constitution are sent to

the president and to each house of congress.

5. If the constitution framed is in accordance with our institutions, it

is accepted and the state is admitted. [Footnote: The acts of congress of

1866 and 1867, admitting Colorado, were both vetoed by president Andrew

Johnson.]

Kentucky, West Virginia, Maine, California and Texas became states in the

Union without having been territories. The first two were detached from

Virginia, and the third from Massachusetts, and admitted at once as

states. California and Texas had been independent states before admission.

As typical of the mode of restoring the southern states to their old place

in the Union, the act restoring Tennessee is given on page 358.

Studies in Civics · 第 2 / 13 章