New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-12-19
ADMISSION PRECEDENTS.

the House to public sentiment upon the ad-
mission of the Territories turns out to have
been only trick. The amendments to Mr.
Springers bill are carefully contrived to post
pone Justice indefinitely. Dakota must vote
upon the question of division. The fact is ig-
nored that such vote was had last year. that
the question has been under discussion for near
ly twenty years. and that the people have al
ways been for division. 1t is proposed that
each of the Dakotas, if the Territory be di-
vided, shall have only one Representatives
whereas South Dakota has at least 80, 900 more
than the requisite population for two Repre-
sentatives and North Dakota will be entitled
TO the same number by the time it can be ad-
mitted. The new constitutions are not to be
submitted to the people until November, 1889,
a delay for which there is no possible justifica-
6on.
But the most glazing injustice is in ignoring
the fact that constitutions proper in form have
already been adopted by South Dakota and
Montana. The bill simply authorizes the hold
ing of conventions but after constitutions had
been framed it would be necessary for Con-
eress to pass formal acts Of admission. An
examination of the precedents shows that ma
jority of the States which have been admitted
since the Union was first formed came in either
without enabling acts or without legislation
by Congress following the adoption of con-
stitution. In the case of Colorado, the latest
State admitted, an enabling act was passed
under which the State Constitution was framed
and ratified by the popular vote July /, 1876.
One month later, as directed in the enabling
act the President announced the admission OF
Colorado to the Union without further legisla-
ton. Nevada was admitted in exactly the same
manner Oregon framed a Constitution pre-
cisely as South Dakota and Montana have done,
through convention organized under the di-
rection of the Territorial Legislature. This
was accepted by Congress and the State adj
United in 1853. California was admitted as a
State without ever having been Territory.
A convention was called by the military Gov
ernor, and the Constitution framed was ratified
by the popular vote November l 3, 1649. Adj
mission followed. The first Constitution Of
Iowa was formed by a convention of delegates
meeting without authorization from Congress.
On this Congress passed an act admitting the
State, but dispute arising regarding boundaries,
O new Constitution was framed and accepted,
and the State finally admitted. In the case Of
Florida a convention of delegates, having and
claiming the right 20 admission to the Union,"
formed {" free and independent State by the
name of the State Of Florida" No enabling
act had been passed, but the new State was
admitted by the same bill that brought in
Iowa. In Michigan the Territorial Council
called convention which framed Constitu-
tor, and after Congress had secured certain
amendments to it, the State was admitted 1t
was a popular convention which framed the
Constitution of Arkansas without an enabling
act but Congress admitted the State Maine
came in in the same way. The case of Ohio is
an interesting one. An act of Congress au-
thorzed the people of the Territory to form a
State government. The Constitution then
framed went into effect without being sub
mitted to the popular vote and the act of Con-
gress of February 8, 1903, did not purport to
admit the State, but declared that by the forma-
ton of Constitution it had become one of
the United States of America" The people
of Tennessee framed Constitution which was
not submitted to the popular vote, but under
which the State was admitted. The precedent
In the case of Kentucky is of interest. Con-
gress passed an act February 4, 81, provid-
ing for the admission of the State on June 1,
1872. Meantime, between the passage of the
act and the date fixed for admission, the people
framed their Constitution. Vermont applied
for admission through a State Convention June
6, 1871, having already adopted Constitu-
tion and an act of admission was passed Febru-
airy IS, taking effect two weeks later.
Nine States-Oregon, California Iowa, Flor
ida, Michigan, Arkansas, Maine, Tennessee and
Vermont-or nearly one-haf of the States adj
mitted since the Union was formed, framed
constitutions without enabling acts, and were
admitted by Congress because they had de-
monStrated their right to self-goverment. -Four
States-Colorado, Nevada, Ohio and Kentucky
were authorized to frame constitutions, and
Ply that act became members of the Union.
Upon fair construction of these precedents
the two Dakotas, Washington and Montana
would be represented in the List Congress by
next December.