The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-06

enabling act In this case had laid down n large
number of requirements to which the ~constitu-
tion Of the now State had to conform. No terms
were offered TO Louisiana, as to Ohio, but an
irrevocable ordinance was demanded, which
should bind the State to. substantially, tho same
stipulations that were contained, in tho Or
dinanco OF 1887. in respect Of appropriated
lands and nRvigable waters. as we'll as to
the fve-year exemption from taxation of
public lands sold by the United States.
No equivalent was preferred for these
demands. IS IL happened, the irrovocable
ordinance which the Louisiana conven-
ton adopted omitted the declaration that
the Mississippi and other navigablo rivcrs
should be free from tax or toll, whereupon Con.
gress made that declaration n proviso of tho
States admission, and proclaimed 1t to be ono of
the fundamental conditions upon which the
State was Incorporated In the Union. Such Ian
Euage might DO thought fatal to the claim of
equality among the States wore 1t not that. In
the same section, the act declared Louisiana ad.
mitted ION an equal footing with the original
States in oil respects whatever" No new prin.
clple appeared In the admission Of the next fvo
States. The irrevocable ordinance, now famil-
lar, was q feature in each case, except In that Of
Maine. Indiana, Illinois, and Alabama, how.
ever. received an equivalent for their
concessions. like Ohio: Mississippi followed
Louisiana in granting tho ordinance uncondi-
tionally. Maine, as q new State, arising within
the boundaries of Massachusetts came in with
out any provision, except that of equality with
tho original States.
We come now to the enabling act for the ad-
mission Of Missouri, which gave rise to the
struggle about restrictions upon slavery. Out
side of the clause which embodied the cello
bratcd compromise, this act was substantially
identical with its immediate predecessors. The
resolution, however, finally admitting the State
presented another example of absolute condi-
tions. 1t declared that Missouri should be ad-
rnitted into the Union on an equal footing. upon
the condition that a specified clause
In the State Constitution should never be con-
strucd to authorize the passage of any law
which should conflict with the interstate rights
of citizens provided for by tho Constitutions of tho
United States. The assent Of the Legisla-
ture Of the State to this condition was demanded
and given. Arkansas organized a State Govern
ment without waiting for an enabling act, and
Congress admitted her upon the express condi-
tions that the people of the State should not in
terfere with the primary disposal Of the public
lands. nor tax them while they remained United
States property. Afterward a supplementary act
was passed in which the same conditions were
enumerated, and others were added equivalent
to the customary grant for education and other
public purposes. The whole was put in the form
OF an irrevocable ordinance. When the time
came for the admission OF Michigan, a difficulty
arose because the southern boundary claimed by
that State included a strip of territory that had
been assigned to Ohio. Congress settled the con-
troversy by admitting the new State on condi-
ton that she should accept a boundary which
included less than she demanded. Iowa, in
1s46, was admitted on the fundamental con.
dition that the assent of the township electors
should be given to the act of admission. From
this time to the admission of Nevada in 1864
the legislation of Congress reveals no novelty.
In the case of Nevada, however, the enabling
act required her Constitution to harmonize
not only with the Constitution of the United
States. but also with tho principles Of the Dec
l~aration of independence. The State Conven-
tion was, further, required by an ordinance,
irrcvocaole without the consent of the United
States. to agree not only that the public lands
should be secured to the United States, but
that there should be neither slavery nor invol-
untary servitude in the State. and that there
should be perfect federation of religious senti-
ments. Both of the two latter provisions were
contained in the ordinance of 1887. and had
therefore become part Of the fundamental law
of five States. We pass to Nebraska. which, in
1867. became a State under an entirely new re.
s~triction. The act Of admission was to take
effect upon the fundamenta condition that
"lbhii ~ " SuIdShu tu6TC blOulQ DC
no denial Of tho elective franchise or of any
other right to any person because of race or
color, excepting Indians not taxed. Col
orndo in 1876 had the provision for relig-
ious tolerance thrown into tho irrevocable
ordinance by which national control of the pub
lie lands WAS established. In her case, as
in that of Nevada and Nebraska the grants of
lands to schools and public buildings were made
unconditional benefactions. The two Dakotas,
Montana, and Washington were admitted in
1889 ON much tho same terms. The irrevocable
ordinance, however, which was required in each
case included two new provisions, namely, that
public debts contracted under the Territorial
form should be assumed by the State. and that q
public school system should be established, open
to all children of tho State and free from secta-
rian control. Idaho and Wyoming, upon enter
ing the Union In 1890. escaped all conditions,
whether in substance or in form. In the en-
abling act relating to Utah 1885 there was at
tached to the requirement of religious tolera-
ton the unique proviso that "polygamous or
plural marriages are forever prohibited"
Having completed the review of the leglsla-
tion concerning the addition Of new States,
Prof. Dunning goes on to consider the case of
the so-called rebel States, which were declared
by Congress to have forfeited all the the rights
which they had formerly possessed as members
Of the Union. By act of March 9, 1867, Con-
gress announced the circumstances under which
the forfeited rights could be restored. and later
acts defined moro explicitly the plan of recon-
struction. Tennessee had previously been adj
mitted upon conforming voluntarily to the gen.
eral lines of the requirements fixed by Congress.
OF the other ton seeding States. all but thrce
were finally admitted to representation In Con-
Rress as States Of the Union. upon the funda-
mental condition that their Constitutions should
never DO amended so as to deprive any citizen
or class Of citizens Of the right to vote, except
as a punishment for crime. Virginia, Mlssis.
sippi. and Texas. however, were delayed In full.
filling the requirements of Congress. and the
consequence was that two additional limitations
on the equality of those States were imposed.
The first forbade any law excluding negroes
from the right to hold office; the second forbade
any amendment of the State Constitution which
should deprive negroes OF equal school priyi-
leges with tho whites.