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
|