Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
[Sidenote: The Northwest Territory.]
[Sidenote: The Ordinance of 1787.]
The Constitution provided for the admission of new states to the
Union, but it does not allow a state to be formed within another
state. A state cannot "be formed by the junction of two or more
states, or parts of states, without the consent of the legislatures of
the states concerned as well as of the Congress." Shortly before the
making of the Constitution, the United States had been endowed for the
first time with a public domain. The territory northwest of the Ohio
River had been claimed, on the strength of old grants and charters, by
Massachusetts, Connecticut, New York, and Virginia. In 1777 Maryland
refused to sign the Articles of Confederation until these states
should agree to cede their claims to the United States, and thus in
1784 the federal government came into possession of a magnificent
territory, out of which five great states--Ohio, Indiana, Illinois,
Michigan, and Wisconsin--have since been made. While the Federal
Convention was sitting at Philadelphia, the Continental Congress at
New York was doing almost its last and one of its greatest pieces
of work in framing the Ordinance of 1787 for the organization and
government of this newly acquired territory. The ordinance created a
territorial government with governor and two-chambered legislature,
courts, magistrates, and militia. Complete civil and religious liberty
was guaranteed, negro slavery was prohibited, and provision was made
for free schools.[30]
[Footnote 30: The manner in which provision should be made for these
schools had been pointed out two years before in the land-ordinance of
1785, as heretofore explained. See above, p. 86.]
[Sidenote: Other territories and their government.]
In 1803 the enormous territory known as Louisiana, comprising
everything (except Texas) between the Mississippi River and the crest
of the Rocky Mountains, was purchased from France. A claim upon the
Oregon territory was soon afterward made by discovery and exploration,
and finally settled in 1846 by treaty with Great Britain. In 1848 by
conquest and in 1853 by purchase the remaining Pacific lands were
acquired from Mexico. All of this vast region has been at some time
under territorial government. As for Texas, on the other hand, it
has never been a territory. Texas revolted from Mexico in 1836 and
remained an independent state until 1845, when it was admitted to
the Union. Territorial government has generally passed through three
stages: first, there are governors and judges appointed by the
president; then as population increases, there is added a legislature
chosen by the people and empowered to make laws subject to
confirmation by Congress; finally, entire legislative independence is
granted. The territory is then ripe for admission to the Union as a
state.
QUESTIONS ON THE TEXT.
1. What is the constitutional provision for admitting new states?
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