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.