Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-07-24
WEDNESDAY. july "A, 1899.
How Works.

Las, week we made incidental reference
20 tho proposition which had been made
in the Constitutional Convention of one
Of the three proposed now States to pro-
vide for legislature to consist OF only ono
branch. OF this proposition the Albany
Express says;
"Sucha proceeding would be in direct
conflict with the course of American IN
stitutions. There Is not State IN the
Union which has dared attempt so demo-
cratic a scheme Of government. 1t cannot
but prove q lamentable failure"
And vet Congress. which is by the Fed
eral Constitution invested with full power
over all the features Of the constitutions
proposed for inchoate States, has sbdicated
its functions, and has delegated or under
taken 10 delegate a power which no person
can constitutionally exercise TO the Gov
ornors Of the proposed new States. In the
natural and proper course ofprocedure, the
constitutions agreed upon in the several un-
fedged States would come before Congress
and be passed upon bv that body, not only
- decide whether the forms of govern
ment provided for were republican IN form,
hut 10 decide whether or not all the fea-
lures Of the new constitutions were In cOnsO-
nance with the Constitution of the United
States and the usages and customs of all
the states embraced within this mammoth
republic.
II. for example, ~ territorial legislature
passes any law which Congress disapproves
this latter body never hesitates to take
whatever steps are necessary TO the aboli-
ton Of that law. We believe the usual
course IL for Congress TO repeal the law IT.
self or to declare its disapproval Of it. The
four proposed new States of North Dakota,
South Dakota, Montana. and Washington
are nothing in the world but Territories.
and can become nothing else until Congress
passes law declaring that they are "herety
admitted into the Union" &c, and yet tho
last Congress did in effect empower all Of
them to frame constitutions providing for
sinele-chamber instead Of bicameral le-
gislatures. and thus Invested itself of the
power to admit or to refuse To admit those
Territories into the Union as States.
Let us suppose that the Convention Of
Montana SHALL not only provide for SIM
gle-chsmber legislature, but shall con-
tain a dozen other highly-obie
features: what would result? Congress is
not in session. and the Presidents bands
are tied by the following law;
If a majority Of the legal votes cast
shall DE for the Constitution the Governor
shall certify the result t. the President of
the United States, together with state
mcnt Of the votes east thereon and upon
separate articles or propositions, and a
r 4 4 A Il
NitiOns and ordinances. And If the con-
stitutions and governments of said pro-
posed States are republican in form, and If
Ill the provisions of this act have been
COMPLIED with in the formation thereof,
il shall be the duty of the President of the
United States TO issue bis proclamation an
nounciug the result of the election IN each,
and thereupOu the proposed States which
have adopted constitutions and formed
State governments as herein provided shall
be deemed admitted by Congress into the
Union" %c.
The Territories have passed from under
The control of Congress. and it is made
the duty of the President to issue his pro-
clamation announcing the result of the
elections, and thereupon the proposed new
States shall be deemed admitted 10y Con-
grc,s." &c. Notice that there are only two
conditions 10 be fulfilled before tho Pres-
dent Is bound to issue his proclamation.
one of these conditions is that the State
Constitution shall be republican in
form: and the other is that all the pro-
visions Of the enabling act shall have been
complied with. If these two conditions
are met, all Of the Objectionable features
Of the proposed new Constitution, let
these be what they may, will go for no
thing. The President must announce the
result, and the announcement of the re-
nit Will operate to bring about that state
oi things which is covered up or indicated
IA the words, shall be deemed admitted
~ Congress into the Union"
Now IL the time 10 comply with the re-
ouirements of the Federal Constitution in
admitting new States into the Union. Too
lauch depends upon the admission Of four
states to justify their admission in any
other way than that provided in the ma
t.onal organic law. Presidents cannot re-
peal the Constitution. A dozen wrongs
cannot make one right.