The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-10


United States and several sta &c govern
meEts based upon the terms of that ordi.
nance as the result Of which the territory
out of which they we're seyerally consti.
tuted was relinquithed 10 the general
government.
The ordinance referred 10 provided fol
the formation Of the territory. which
should become the common possession OF
the Union. into states, 10 be laid out Ia
accordance with theterms Of the set. and
to be admitted whenever thew shouId
have free population Of $1,000, or be.
fore THEN population reached this mum.
Der, if deemed expedient by Congress.
Among other notable features of this act
we're provisions for the establishment III
two grades Of territorial government, the
frst 10 be under the sdminiEtration of ex.
ecutive and Judicial officers appointed By
the President, and intended TO continue
until iLe condition Of the territory was
such as to warrant the establishment OF
the Eecond grade, which was provided for
when the free male inhabitants should
reach the number of s, 1000, and was to be
established by the election of Legisla-
tive Assem- bly, chosen BY the qualified
voters of the territory.
The condition and steps essential to the
formation of new states according to the
terms of the ordinance of 1857, of the
compscts with the various states re-
linquishing territory to the Union, of the
treaty stipulations BY which purchased
territory was acquired and of the laws of
Congress passed in conformity with the
articles of the Constitution adopted in
1887 may be briefly stated as follows:First,
the discrimination of boundaries; second,
proof that the population equals the
number required by the ordinance of
1857, or the number necessary at the
time TO entille the state seeking admis-
sion to representative in Congress, upon
the basis Of representation then existing;
third, authority for the formation Of q
constitution and state government in ac-
cOrdsnce with provisions made by Con-
e ess under so-called enabling act;
fourth, the ratification of the constitution
adopted in pursuance Of the above pro-
visions, by vote of the 1ualiied citizens
Of the territory; fifth, an act of Congress
approving the steps taken under the en-
apling act, and formally recognizing the
newly formed government as q state.
While the validity and expediercy of
these conditions have been recognized,
they we're almost wholly disreRarded in
the case Of Tennessee, the territory first
admitted after the adoption Of the ordin.
ance Of July IS, 1887, which came fully
under Its provisions. and, while some of
the rules noted have been enforced,
others have been equally ignored in con-
nection with the admission of nearly all
of the territories subsequently formed
into states. The people of Tennessee,
whose territory had formerly been under
the jurisdiction of North Carolina, and
whose boundaries were already defined,
adopted constitution and formed state
government 10 1895, without authority Of
Congress, and in the following year,
through its representatives, this self-con-
slituted state demanded admission to the
Union. Its claims were. strenu, sly OPP
posed by minority in Congress, who
demanded that prior to the consideration
OF its claims for admission, il should be
required to comply With the terms Of
the ordinance of 1887, and contended
that to admit it 1T that time would
be in disregard of the authority Of Con-
gress, and calculated to establish s dan
gerous precedent. These advocates Of the
maintenance of congressional authority D..
as alone competent for determining the
conditions under which territories shall
be entitled to seek admission to the
Union were overruled, having among
their opponents Madison. Macon, Gal
latin, and other eminent men. Mr.. Day
ton, Que Of the chief opponents Of the
bill, claimed that its enactment would be
equivalent to an utter disregard of exist
ID -a-,,Ho1afiNv, hrz
Congress of any right to deliberate as to
the title of territory TO admission. Mr..
Madison said that the inhabitants OF the
territory were at present in q degraded
situation deprived Of rights essential to
reemen-among others that of represen-
tstion in Congress; and that an exterior
power had authority over their laws
which could only be justified
on the ground Of obvious and imperlous
necessity. Mr.. Macon, in answer to the
objection that tbs state had been estab-
lished in contravention of the provisions
to govern the formation of new
states, replied that but two conditions
were essential. Was its government re-
publican in form, and had it the Deces-
saty number of Inhabitants? If so, its
right to admission was indisPutable
Mr.. Gallatin ssid that the people of the
territory became ipSo JGctO state the
the population reached $4,000
free inhabitants, and that it became the
duty of Congress to recognize then title
to admission whenever it had satisfactory
proof Of this fact. The views OF Mr..
Madison, Mr.. Macon, and Mr.. Gallatin
and the precedent, so depre-
Gated by Mr.. Dayton, Of admitting q
territory in disregard Of the provisions OF
the ordinance Of 1857, was establis he'd.
That the Ill results feared by this eminent
statesman have not followed has been the
result Of fortunate circumstances rather
than the wisdom Of the measures which
he SO ably opposed. While but one ter,
ritory has been subsequently admitted
under conditions altogether similar to
those existing in the case of Tennessee, IN
the case Of nearly all other territories this
precedent, as regards some one Of the
rules applicable under the law of 1877,
or provided by subsequent measures, has
been ignored. These departures from
the original intent of Congress have been
evident as regards population.
At the date of the acts enabling them to
form state governments, l find that, Of
the territories constituted into free states,
Ohio, Indiana, Illinois, Oregon, Nevada,
and Nebraska had population less than
81, aOO; and Of those constituted as slave
states, not one had then free population
in excess Of the required number, the
total population, free and slave, of Ken-
lucky. Louisiana, Mississippi, and Mis-
souri, being but little above it, and that
Arkansas Aa