Los Angeles herald., 1892-01-24

The state OF Georgia was divided IN
1902, agreeably to the clause in the
national constitution for the "dismem
bering of large states" The charter OF
Georgia was granted by King George II
on June 9, 1882. See Am. Cyc.) The
grant included the territory of the pres
ent state OF Georgia from the Savannah
river to the Altamaha river. The
United States, nearly ten years after the
ratification of the federal constitution,
with it's state e-diemembering clause, ac-
knowledged the jurisdiction of Georgia
when the territory of Mississippi was
formed by the act of April Z, 1898, sub
iect to the claims of Georgia"
The state of Georgia, by act of April
"a. 1902. consented to the separa-
tion of the territory OF the Mis-
sissppi as proposed by congress,
and in turn annexed that part OF South
Carolina, which the latter state had
ceded to the general government In
1857. The territory divided from Geor-
pia embraced an area OF about 100000
square miles.
One of the finest instances of state
division is that of Massachusetts.
This occurred in 1920, and the segre.
gated portion became the "state OF
Maine.'' The Plymouth company was
grated patent on November s, 1870, by
King James I, for all lands between the
4Oth and 4Sth parallels OF north latitude.
and from sea to sea. The colony OF
Massachusetts bay was formed by roval
charter on March A, 1929. In 1862
Maine was incorporated with Massa-
chussetts. Massachusetts ratified the
national constitution, with Its state-dis-
memhering clause, on February q, 1888.
Says the American Encyclopedia:
ssIn 1920 a convention to revise the
constitution (of Massachusetts) proposed
various amendments, nine Oh whlc
were ratified by the popular vote. IL
the same year the district OF Maine was
separated from Mass achnsetts, with the
coneent of the latter, and erected into a
state. The final separation of
Maine from Massachusetts, took place
March 15, 1920, when she was admitted
into the union as an independent
state"
This was most remarkable instance
of state division. For l63 years Maine
had been district OF massachusetts,,
Massachusetts wys Large state" and
could afford to be 'dismembered," as
the national constitution permits:
Before this division the total area OF
the state of Massachusetts, was about
1880 square miles, and the popula-
tion was 1922. The acts of
division were taken in exactly legal
lines. First, the legislature of Massa
chusetts gave her consent to the di-
vision of the state by act of June 10, 1919.
Second, the people of the district oi
Maine" adopted constitution for their
proposed new state on October 20, 1919.
and applied on December s, 1919, to
congress for an enabling act. Third
congress gave it's consent by act OF
March 3. 1920. Fourth, the proclama-
tion of President Monroe on March Is,
1920, was the final act which created
the "state' of Maine" and admitted it
into the union of states. This is the
reason why emphasis is always laid on
the word Estate when speaking of
Maine, because it had been merely a
district of Massachusetts for so many
years and it's people were SO elated over
their political independence. Note the
order of events:
1. The legislature of Massachusetts
consented to the division.
2. Maine framed a constitution.
8. Congress consented.
4. The president admitted.
Notice how closely the letter and how
fully the spirit Of the national constitu-
tion was followed.
After the division Massachusetts had
an area of 1900 square miles ahd Maine
had about 50 900 square miles. At the
time of the division, Massachusetts,
proper had population of 523, ,287, and
Maine had 298, 1886. Massachusetts lost
36 per cent of her population, and SLIT
per cent of her area by the division.
In 1920 Maine had 81 per cent of as
much population as Massachusetts, and
548 per cent more area. In 1880,
Maine has SO per cent of as much popu-
lation as Massachusetts,, while the
population of the latter state had in
creased 337 per cent from 1920 to 1880.
During the same period the population
of Maine increased 2l7 per cent. In
1885 Maine had total assessment of
$208, ,709. 1881. The same year the assess
ment of Massachusetts, was 81 ,765, &c.,
IT'S. So it did not hurt these two states
to set up housekeeping by themselves.
Texas came into the union with the
distinct understanding that subsequently
she might be divided into four more
states. She had been state of the
Mexican republic, and had been colon
lied by Americans, who in 1885 de-
clared their independence and secured
it by force of arms. Mr.. Cooley says on
page liza OF his book entitled Principles
OF Constitutional Law:
ssThere is a provision in the joint res
olution for the annexation of Texas for
the formation of four other states from
it's territory. with the consent of the
state, but no action to thatend was ever
taken"
That any legal or constitutional OBJ
atacles to such a provision for state divi-
sion were ever known is shown by the
game author again on page 170 Of his
work
ssThe debates which took place in con-
gress, while the subject of the annexa-
tion Of Texas was under discussion, and
the contemporaneous political discus
eiona elsewhere, give the opposing views
on this subject. Most of the discus
sions, however, involved policy rather
than constitutional power"
The joint resolution OF congress for
the annexation of Texas, approved
March 5, 1916, coptains the following
condition and guarantee:
New states of convenient size, not
exceeding four in number, in addition
to the said state of Texas, aad