no share in electing the President. They do not choose their own governor or judges. They are wholly subject to Congress, and have no political power or rights except such as Congress sees fit to give them. They come into the Union only by the permission of Congress. The objects of a Territorial government are to protect the people while the Territorial condition continues, and to prepare the Territory for State-hood.

573. REQUISITES FOR ADMISSION.-The Constitution commits the admission of new States formed from the National domain wholly to the discretion of Congress. The history of the States admitted shows some diversity of practice in minor points. Congress always determines the boundaries of new States, fixes the time of their admission, and requires a constitution republican in form. No rule as to the size or population of a new State has at any time been followed. Congress always settles many points of detail in advance, some in the law organizing the Territory, and others in a special act called an Enabling Act, authorizing the people to frame a constitution and apply for admission to the Union. In several cases, however, enabling acts have not been passed.

574. NEW STATES FORMED FROM OLD ONES.-Of these there have been five: Vermont, to which New York and New Hampshire finally surrendered their claims; Kentucky, that had belonged to Virginia; Tennessee, formed from the North Carolina cession; West Virginia, cut off from Virginia, and Maine cut off from Massachusetts.

575. WEST VIRGINIA.-Before the Civil War there were considerable divergencies of feeling and interest between the two sections of the State of Virginia, as divided by the Alleghany Mountains. These divergencies culminated at the beginning of the war; the people east of the mountains going with the Southern Confederacy, the people west of the mountains remaining faithful to the Union. In April, 1861, a State convention at Richmond passed an ordinance of secession. In June following a State con

vention at Wheeling, consisting mainly of delegates of the loyal west, passed an ordinance declaring that the State officers, who had become secessionists, had vacated their offices, appointed a governor, and provided for the election of a new legislature. It also passed an ordinance submitting to a popular vote the question of erecting a new State to be called Kenawha. In October the people voted in favor of the new State, and at the same time elected delegates to a convention to form a State constitution. In April, 1862, the people adopted the constitution that the convention had framed. But this did not suffice: the National Constitution made the consent of the Legislature of Virginia, as well as of the Congress, necessary. So in May the legislature elected in pursuance of the call issused by the Wheeling convention the year before, composed of the representatives of the forty Western counties but styled the legislature of Virginia, gave the formal consent of Virginia. Congress admitted the Senators chosen by the same legislature, and in December, 1862, passed an act to admit the State on the adoption of a plan for the gradual abolition of slavery. In the course of these transactions the name of Kenawha was dropped and the present one substituted. West Virginia became a member of the Union in June, 1863. After the war, Virginia, by her legislature, consented to the validity of the formation of the new State.

576.

STATES FORMED FROM THE FIRST TERRITORIES.-These are seven in number: Ohio, Indiana, Illinois, Michigan, and Wisconsin, formed out of the Northwest Territory; and Mississippi and Alabama, formed from the North Carolina, South Carolina, and Georgia cessions, and from the French and Spanish annexations of 1803 and 1819 to the extent of the portions lying south of parallel 31° north latitude. Besides, Minnesota was in part formed from the Northwest Territory.

577. STATES FROM THE LOUISIANA PURCHASE.--Louisiana, Arkansas, Missouri, Kansas, Nebraska, Iowa, Colorado in part, Wyoming in part, North Dakota, South Dakota, and Minnesota, in part.

578. STATES FROM THE MEXICAN CESSIONS. - California, Nevada, Wyoming in part, and Colorado in part.

579. STATES FROM OREGON.-Oregon, Washington, Idaho.

580. FLORIDA AND TEXAS.-The first of these States was formed from the territory acquired from Spain in 1819. Texas, that belonged first to Spain and afterwards to Mexico, was an independent republic when admitted to the Union in 1845.

Twenty of the forty-four States have been formed in whole or in part from territory that at one time belonged to Spain, not to speak of Spanish claims that were never allowed.

CHAPTER XXVI.

THE NATIONAL GUARANTIES TO THE STATES.

ARTICLE IV.

Section 4.-The United States shall guaranty to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the execu tive (when the legislature cannot be convened) against domestic violence.

581. THE STATES REPUBLICAN.-With certain limitations imposed by the National Constitution, the States are left free to organize their own governments in their own way. One of these limitations is that their governments shall be republican. A State can neither be suffered to set up a non-republican government for itself, nor to continue under one imposed by any other power. This is rendered necessary by the nature of the American system. For example, a monarchical state in a federal republic would be an anomaly.

582. CONGRESS TO DECIDE THE QUESTION.-The Constitution has not said what authority shall exercise this power of guaranty, or even defined a republican government. The guaranty itself involves the power to decide all questions growing out of it. In 1841, 42 there were in the State of Rhode Island two governments, each claiming to be established. In the celebrated case of Luther v. Borden,' that grew out of this controversy, the Supreme Court decided that this power resides in Congress. The Court said: "And its decision [that of Congress] is binding on every other department of the government, and could not be questioned in a judicial tribunal.”

17 Howard, 1.

583. PROTECTING STATES AGAINST INVASION AND DoMESTIC VIOLENCE.-Without such a provision as this, it would still be the duty of the United States to afford such protection. Protecting a State against invasion and violence is protecting the Union itself. This is made the more necessary by the denial to the States of the right to keep ships of war and troops in time of peace. The laws make it the duty of the President to afford this protection, and they give him power to use the standing army and to call out the militia for this purpose. In the case of invasion, no application for protection is necessary. The President as commander-in-chief chooses his own time and mode of action. But in the second case the procedure is very different.

584. AN APPLICATION IN CASE OF DOMESTIC VIOLENCE. -Domestic Violence is resistance to the law and authority of a State. To suppress such violence is, first, the duty of the State authorities. The President cannot even issue a proclamation commanding law-breakers to disperse until a legal application has been made to him.

The common mode of proceeding when State laws are resisted is this: (1) The local police, as the sheriff and his posse, attempt to maintain order; (2) failing in the attempt, the sheriff calls upon the governor of the State for aid; (3) the governor, if in his judgment the emergency calls for it, orders out the State militia; (4) the militia failing, the governor, or the legislature if in session, makes an application for aid to the President, who (5) becomes the judge of the emergency. It is important to state, however, that if the insurrection in any way interrupts the operations of the National government, the President can, if he thinks necessary, at once send the National troops or call out the militia to put an end to such interruption. The President could put soldiers on a railway train to defend the mail, if necessary, but not to defend the passengers, until called upon in the usual way.