I have always been of the opinion, and have so declared in public speeches and newspaper articles, that the true policy of the Pacific Coast was the division of its area into small States. I will give but a few of the many reasons for such opinion, for I do not intend to go elaborately into a statement of them. The time for effective action has passed. I desire to state only enough to show the trend of my views on the subject.
First, then, as to the lower house of Congress. The area of the three states bordering on the Pacific Ocean—California, Oregon and Washington—is fully one-half covered by mountains. The sides of these mountains are to a certain extent covered with a heavy growth of timber and with practically impassable canyons; their ridges sharp, gravelly and sterile, with fertile coves and small valleys as yet unoccupied by either the hunter or the hardy woodsman. Many cycles of years will roll away before these fertile spots will be occupied with the romantic homes of these last-named classes.
The Atlantic Coast in the same number of degrees of latitude, commencing at the forty-fifth degree on the coast of Maine and proceeding south for sixteen degrees, is covered to some extent with mountains; but as a general rule they are low as compared with our ranges. Much of the land on their slopes is rich and accessible, and all of their fertile slopes, coves and small valleys have been long since occupied.
I state these facts to show that in addition to natural causes the States bordering on the Atlantic in the same number of degrees of north latitude, as will more fully appear, must continue to have the dominating power in the lower house of Congress. The three States bordering on the Pacific Ocean extend over sixteen degrees of north latitude. Commencing at the 45th degree in Maine and going south sixteen degrees, thirteen States border on the Atlantic. These thirteen States have a representation in the lower house of Congress of 103 members; while the three States bordering on the Pacific have a representation of fourteen members. Thus it is manifest that for many years to come, and possibly forever, with a slowly-diminishing power, the Atlantic will have the control on all subjects of tariff, of finance, of currency and of immigration; subjects in which the Pacific Coast is deeply interested, and upon some of which there is not only an actual, but growing conflict of interests and convictions. Add to this the further fact that Washington and Oregon extend inland for over four hundred and fifty miles, and California on an average of two hundred and fifty miles, and, applying the same rule of inland extension to the Atlantic Coast, Pennsylvania and West Virginia, with their thirty Representatives, would be let in and added to the 103; thus giving to the Atlantic Coast permanent control of all those vital subjects of legislation, so far at least, as the lower house of Congress is concerned. It will thus be seen that a fatal mistake has been made in the political division of the Pacific Coast. I have confined myself strictly to the Ocean-bordering states. The great Inland Empire, lying between the Rocky Mountains on the west and the Alleghany Range on the east, is more intimately and strongly connected by commercial and financial ties with the Atlantic than with the Pacific Coast. As a partial compensation for this inevitable want of political power in the lower house of Congress, it was the true policy, as I have declared, for the Pacific Coast to divide its immense territorial area into small States, so as to secure in the United States Senate, an approach to equality of political power. We have seen that within sixteen degrees of north latitude on the Atlantic Coast there are thirteen States, bordering on the ocean, with twenty-six Senators; while on the Pacific Coast in the same number of degrees of latitude there are but three States, with only six Senators. California should have been divided into three States; Oregon, into three States; and Washington into three States. This would give only nine States in a far greater territorial area than that contained in the thirteen States bordering on the Atlantic Ocean. Even then, this would give us only eighteen Senators; but it would be a nearer approach to equality in political power than now.
The question may be asked: Are there no means by which this fatal mistake may now be remedied? As a lawyer, and being somewhat acquainted with the history of my country, I am compelled to answer, No.
On the admission of a State into the Union, there is an implied compact on the part of the Federal Government to defend such admitted State against all unlawful invasion of its territory. If there be a dispute about boundaries, it must be settled in the proper Court, and the final decree of that Court will be enforced by all the power of the Federal Government.
Again, the possession of power is always connected with the desire to perpetuate it, and also with a sensitive jealousy of all measures having a tendency to diminish its controlling effectiveness, or to lessen the value of the units constituting that power. The admission of every State has, to some extent, this effect; hence the demands are more exacting, and the admission more difficult, now, than heretofore.
There has been but one instance in our history where a State has been divided, and the segregated portion been admitted into the Union as a State; and that is the case of West Virginia; but that admission was based on facts and conditions which every patriot hopes may never occur again. Virginia not only claimed the right peaceably to secede from the Union but to be the sole and exclusive judge not only of the existence, but also, of the sufficiency of the causes, to warrant such secession. She did all she could to make that secession effective. Old Virginia had by her act, and by her theory of the nature of the Government under the Constitution, estopped herself to deny that the forty-eight counties west of the Alleghany Range possessed the same right of secession—if any such right existed—that she possessed herself; she could therefore make no rightful objection. The people of the forty-eight counties were loyal to the Federal Government, and flag. They called a Convention, adopted a Constitution republican in form which was approved by nearly unanimous vote of its legal electors—28,321 for and only 572 against—and under that Constitution, with the name of West Virginia they were admitted into the Union on December 31st, 1862. This was done partly as a war measure, and partly to show the disintegrating effect of the logic of secession.
The State of Texas requires a brief notice. She was admitted into the Union as a State on December 29th, 1845. By the prudential foresight of her statesmen, in a compact entered into between her and the Federal Government, she reserved the right to form four additional States out of her large area. She has not as yet exercised that right, but no doubt will in due time; thus securing ten Senators, while the whole Pacific Coast, with almost twice her territorial area, has fixed its number irrevocably at six.