We need the state as a basis for the apportionment of members of congress. This is a federal republic, and representation in the national councils can be had only through statehood.

We need the state to establish a system of education, to control corporations, to put down riots when the local authorities cannot do so, to establish the smaller organizations, etc. These are some of the things referred to in paragraph three, which the state can do better than the general government.

There is in the state also a high court of justice to which cases may be appealed from the courts below.

HOW STATES ARE CREATED.

The "old thirteen" originated in revolution. They declared themselves "free and independent states," and maintained the declaration by force of arms. Each became a state "in the Union" by ratifying the constitution. Since then states have been admitted into the Union on terms prescribed by congress. The plan in general is as follows:

1. When the number of people in a territory equals or nearly equals the number required to secure a representative in congress, the inhabitants thereof may petition congress for an act authorizing the formation of a state government.

2. If the petition is granted, an "enabling act" is passed. This usually defines the territory to be comprised in the new state, provides for the calling of a constitutional convention, requires that the state government to be framed shall be republican in form, states the number of representatives in congress which the state shall have until the next census, and offers a number of propositions for acceptance or rejection by the convention.

Among these are proposals giving land for the support of common schools and of a university, and for the erection of public buildings; and offering a portion of the net proceeds of the sale of public lands within the state for internal improvements. These offers are conditioned upon non-interference on the part of the state with the holding and selling by the United States of the lands within the state owned by the general government, and their exemption from taxation. The enabling act for Minnesota is given in the appendix. It is in a large measure typical. Students in most of the states can find the enabling act for their state in the legislative manual thereof.

Michigan, Kansas and Oregon formed their constitutions without an enabling act.

3. The constitutional convention provided for in the enabling act, having ascertained that it is the wish of the people to form a state, frames a constitution and submits it to the people of the proposed state for adoption.

4. If adopted,* copies of the constitution are sent to the president and to each house of congress.

5. If the constitution framed is in accordance with our institutions, it is accepted and the state is admitted.† Kentucky, West Virginia, Maine, California and Texas became states in the Union without having been territories. The first two were detached from Virginia, and the third from Massachusetts, and admitted at once as states. California and Texas had been independent states before admission.

As typical of the mode of restoring the rebel states to their old place in the Union, the act restoring Tennessee is given on page 358.

* Wisconsin rejected the constitution of 1846, and New York that of 1867. The acts of congress of 1866 and 1867, admitting Colorado, were both vetoed by president Andrew Johnson.

CHAPTER X.

STATE CONSTITUTIONS.

Their purpose.-A constitution in the American sense of the term is a written instrument defining the powers of government and distributing those powers among the departments. It is the fundamental law, the voice of the people granting or withholding power. A primary purpose of the instrument is to give form and authority to the government; another is to protect individuals and minorities from the tyranny of the majority. Each of the states has a constitution.

Their origin. In most of the countries of Europe, including England, what is called the constitution is not written. It consists largely of the maxims of experience, the principles sanctioned by custom. When a new political custom becomes prevalent it gradually becomes recognized as part of the constitution.

Written constitutions in this country probably arose from the fact that the charters granted to the colonies and securing to them privileges, were in writing. And these written charters themselves grew out of a practice prevalent in England of securing the rights of towns and cities by written charters wrung from the king. Some general charters of liberties, too, had been secured. Among these may be mentioned the charter granted by Henry I. in 1100; the Magna Charta, or great charter, wrung from King John in 1215; and the Petition of Right, the Habeas Corpus Act, and the Bill of Rights, secured in the seventeenth century.

Some of the charters granted to colonies were so liberal in their terms that they were adopted as constitutions when the colonies became states. The charter of Connecticut remained its constitution till 1818. And

even in 1842 it was with difficulty that the people of Rhode Island could be prevailed upon to give up the old charter for a new constitution.

Their Contents.-The state constitutions are very much alike in their general characteristics. After a preamble, setting forth the purpose of the instrument, they usually contain a bill of rights, intended to secure personal liberty and other personal rights. They then distribute the powers of government among three departments, and provide for the organization and general procedure of each. Then follow miscellaneous provisions, relating to franchise, education, amendments, etc.

Their usual defects.-We have flourished so wonderfully under our system of government that we naturally have a great reverence for our national and state constitutions. So far has this feeling gone that a large number of people seem to fancy that there is some magic in the very word constitution. As a conse

quence state constitutions are usually too long; they contain too many miscellaneous provisions. Most of these relate to transient or petty matters which, if made affairs for public action at all, should be left to legislation. Changes in the constitution weaken our respect for it. Rarely should anything go into that great charter which has not stood the test of time, unless it has the promise of endurance as a necessary safeguard of the rights and liberties of the people.

BILLS OF RIGHTS.

These usually assert or guarantee the following: Republican Principles.-That governments are instituted by the people and for their benefit; that all persons

are equal before the law; that no title of nobility shall be granted.

Freedom of Conscience.-That there shall be perfect religious freedom, not, however, covering immoral practices; that there shall be no established or state church; that no religious test shall be required for the performance of any public function.

Freedom of Speech.-That any one may freely think, and publish his opinions, on any subject, being responsible for the abuse of this right.

Freedom of Assembly.-That the people may peaceably assemble to discuss matters of public interest and to petition the government for redress of grievances. This, of course, does not permit meetings designed to arrange for the commission of crime.

Freedom of Person.-That there shall be no slavery; nor imprisonment for debt, except in cases of fraud; nor unwarranted searches or seizures of persons or property; that no general warrants shall be issued; that the writ of habeas corpus shall not be suspended, except in certain emergencies; that persons may freely move from place to place.

Security of Property.-That private property shall not be taken for public use without just compensation therefor, previously paid or secured, that to prevent feudal tenure of land, long leases of agricultural land shall not be made; in most states the longest permitted term being twenty-one years.

Right to bear Arms.--That the right of the people to keep and bear arms shall not be infringed.

Freedom from Military Tyranny.-That the military shall be in strict subordination to the civil power; that there shall be no standing army in time of peace; nor