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. Under the constitution 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, through their delegate, 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, pp. 355-8. 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 it is adopted, [Footnote: Wisconsin rejected the constitution of 1846, and New York that of 1867.] copies of the constitution are sent to the president and to each house of congress.