| Show B Y augg E E s CONDEN CONDENSED D FROM COOLEYS count I 1 TUT LAV JAW NEW SPATES thc jhc conati constitution also provided that new states stales inay be admitted h by y congress into the union but whether they should be formed of territory at that belonging longing to the states or fro from ill territory that might thereafter be be acquired or taken in is as existing states previously independent was war not expressly determined by that anstrum instrument nt nevertheless the power in in any any sovereignty to acquire territory is indisputable and of right pertains pertain to the power to declare war anti and form treaties it there therefore foie belongs belong to the united states arid and is denied to the states which are forbidden to enter into treaties arid and when territory is acquired the right to suffer states to be formed and to receive them into the union must follow of co course nut not only because the con confers the tha rower power to admit new states without restriction but also I 1 0 abuso it would be inconsistent with institutions founded on the funda mental idea of hell 0 government that the federal government should retain territory under its own im imperial per ial rule and dony the people the customary local institutions STEPS TEs the constitution ution does riot not point out what steps shall be taken for thu tho admission friis sion of a state to the ilia union but the power haying having been con furred upon congress W without limitation it is left to the discretion ot of that body to determine the circumstances circumstances cum stances under winch which the ad mission shall be allowed and the app that shall betaken betoken to obtain it nevertheless certain requisites are necessarily implied there must be a state to admit and a must have a 6 government find law and the government must be be republican in form because states with such a government govern meat can alone bu be members of f the union but how the state shall atme into existence who shall eliell be its ila electors and funa forin its govern government meal aud and establish it uw laws liow how many 01 ol the electors there shall be what shall be the extent of territory incorporated corp orated within the limits ot of their state and whether any con tit ution the people may ha have hafe fe formed shall be received as satis satia battory or shall be required to be fed ed t these liese and many other butlo questions must be determined under the discretionary discretion ar power conferred upon cot congress 3 gress states have been admitted 1 where the people of a territory Terri territory tor y of suitable size havo hato either by spontaneous action or in accordance with some territorial statue or executive proclamation formed a constitution ution and elected officers to administer it ft and presented the constitution ution to congress and applied for adt admission cission under it aj 2 whore congress a lias has first passed an enabling ft act authorizing 6 the people to form a constitution prescribing rules of suffrage slid and other conditions dit ions arid and providing for the admission of the stagg when the constitution ution should bs be adopted and the conditions complied with 3 3 3 when a constitution formed with or without previous oua congressional authority has been presented to congress and that thai body has accepted it conditionally requiring 0 the consent of the people evidenced in some form indicated to some condition precedent to the admission such as the consent to yield some portion of the territory claimed or some rule rule of guffra suffrage e established by tho the state constitution ac besides the ethere have been other peculiarities of admission but this statement is sufficient to how that the control of congress 0 ress is exercised accordine accordia accor dins to the circumstances in one ita instance admission has beun been i refused efus sed though the population was ample beca because use 0 of f objection to local loc il laws and usages the case of utah with full discretionary y power over the admission cf states stales it must be that the action of congress 0 will not always bo governed by uniform sentiments and uniform rules and it has ut it times confessedly been controlled by party or sectional considerations the constitution neither does docs nor can establish effectual safeguards kare eafe guards against against 0 the control of such influences en ces STATES i noi 1 OTHER STATES the constitution further provides that no new state shall bs ba formed or erected within the jurisdiction of of any other state nor an any stata be formed by the junction of two or more states or parts of states without the consent of the le legislatures zisla of the states concerns con concerned cerne d as well as of the congress lk LAWS w s A state stale coming into the union brings 0 with it the pre existing law except so BO far as expressly or by necessary im im it is changed by the constitution ution or by the passage IF from a territorial to a state cond condition VIL all those laws which relate to the ter I 1 condition and circum circum aane e exclusively become of no n cassity inoperative conditions tu TO ADMISSION in several 4 instances Con grees lias has prescribed conditions to the admission of A states to the union enli when e n missouri applied for admission the cons constitution tit ution which was presented contained tied a clause requiring the legislature to pass such laws a might inight be found necessary to prevent free 0 and mulattoes from coming to and sett settling lino 0 in this state uti under derany any pretext what BOOM the state was received into the union on condition that a colemn ole inn pledge 0 should be t given liv by it its r leisla legislature turc tint t the constitution ahoff should id never bo be construed to authorize the passage of adv any act and that no act should be p pi ached sed b by y which any of the citizens of other states s should be excluded from the enjoyment of any of the privileges ID and immunities to which they are ennit untitled sn titled led under the constitution of the united states presumably this would cover the privilege elege of color colored ed citizens of other states to emigrate into missouri if thy thoy should see fit other conditions have been imposed and a corin common nion require requirement frient on tho the admission adiniE sion of a 9 state is that it shall waive wadye all right 0 to impose taxes on the lands of the united states some of these thes conditions are ara beyond question irrevocable by the file states but when a state comes into the union it is received on oil in an equal footing foo tiny with the original states and with all their rights and privileges it must ther afore have the same power to amend its constitution which is in possessed poss assed by the other states stales and a condition which should undertake to limit its power in this regard must in a legal 0 sense bs be wholly inoperative it is to te be observed of those which hato been imposed and which would limit the power of amendment that they have since been rendered unimportant by amendments to the federal constitution |
