Skip Content
U.S. Flag
  
  

Constitution Day 2018 | On Equal Footing: The Constitution, the Senate, and the Expanding United States


Western States and Party Balance

By the late 19th century, the United States controlled vast territories yet to be incorporated as states into the Union. The prospect of disunion had ended with the Civil War, but the balance of partisan and sectional power in the Senate remained contentious with each new petition for statehood. In the post-war years, Congress was closely divided between Republicans and Democrats. From 1865 to 1900 Republicans controlled the Senate for all but four years; however, with the return of former Confederate states in the 1870s Democrats had a stronger hold on the House of Representatives. The admission of each new state prompted a partisan battle designed not to maintain a delicate balance but rather to secure a majority for years to come.

In 1886 representatives for the southern half of the Dakota Territory drafted a constitution and petitioned Congress to become a state separate from its northern neighbors. Members of both parties understood that South Dakota statehood would have an impact on the balance of parties in the Senate.

Republicans favored the proposal, but splitting the territory into two states met with Democratic opposition in both the House and the Senate. Republican senator and future president Benjamin Harrison took up the mantle for South Dakota admission. No doubt Senate Republicans saw admission of the new state as a means to bolster their majority status, but Harrison argued that "party advantage" should have no bearing on the decision to approve. To those who proposed balancing South Dakota, a state expected to lean Republican, by admitting New Mexico, which would lean Democratic, Harrison asked, "Can we not get rid of this old disreputable mating business? It grew out of slavery . . . but slavery has gone." The Republican-controlled Senate passed a South Dakota statehood bill in 1887, but the Democratic-controlled House did not act, leaving the territory waiting.

Democrats contended they would accept Dakota as a single state, but Republicans argued that it was simply too large to remain intact. When Senator Orville Platt, a Republican from Connecticut, brought South Dakota statehood to the floor again in 1888, he argued that not dividing Dakota would produce an "imperial state," a state of massive size and potential power. "We want equality," Platt declared, "physical equality as well as legal equality, among the States." While some senators worried that division of the territories into more states would make the Senate too large, Platt cautioned that a single Dakota could support a large population and lead to an "abnormally large representation in the House of Representatives."

Senate Democrats objected to splitting the Dakota Territory and were plain about the political reasons for doing so. Splitting Dakota into more than one state, Democratic senator Matthew Butler of South Carolina pointed out, would be "to seat upon this floor two Republican Senators, and settle, perhaps for some time to come, the question of political supremacy in this body." Orville Platt countered that the Senate had both a moral and a legal mandate to grant statehood to South Dakota, regardless of the Democrats' objections. Congress had discretion as to when to admit new states, Platt insisted, but "when the discretion of Congress is exercised upon any such ground as that two Republican Senators will occupy seats on this floor, it is no longer discretion; it is injustice and it is tyranny."

During the lame-duck session that began in December 1888, the House and Senate voted on an "omnibus" measure to admit North Dakota,, South Dakota, Montana, and Washington. The Democrats tried but could not secure inclusion of New Mexico. Democrats hoped that Montana would lean their way, but after a controversy in which the divided state legislature sent two competing pairs of senators—one Republican, one Democratic—the Senate accepted the credentials of the two Republicans in 1890. The other three states also elected Republicans, and each new state sent a Republican representative to the House. When the 51st Congress convened its first session on December 2, 1889, following the 1888 election of President Benjamin Harrison, Republicans controlled the House, the Senate, and the presidency. In 1890 Congressional Republicans also approved statehood for Wyoming and Idaho, securing their Senate majority for all but two years until 1913.

Petition of Dakota Territory Citizens
Citizens' petition against Dakota Territory statehood
A key question in the path to statehood has always been the wishes of a territory's residents. A subject of debate in the Senate over the admission of South Dakota was the mechanism by which voters in the territory organized and voted to pursue statehood. Even after a majority of voters approved statehood, some residents objected and sent protest memorials to the Senate, arguing that statehood would mean an increase in taxation and cost of government.
Senate Report on Admission of North Dakota
Senate Report Dakotas 1888
The states of North Dakota and South Dakota were formed out of a single Dakota Territory. Residents of the southern portion of the territory, as well as Republicans in the Senate, wanted to admit the south as a separate state beginning in 1886. In 1888 the Committee on Territories, chaired by Republican Orville Platt, submitted a report supporting the case for North Dakota statehood as well.
Telegram from Montana Territorial Legislature
Telegram from Montana State Legislature
In early 1889, during a lame-duck session after which Republicans were poised to take control of all three branches of government, the Democratic-controlled House and Republican-controlled Senate appointed a conference committee to resolve differences over statehood for the Dakota Territory. The Montana territorial legislature sent a telegram to both houses of Congress endorsing inclusion of Montana statehood as part of an "omnibus" bill granting statehood to North Dakota, South Dakota, Montana, and Washington.
Enabling Act of 1889
Enabling Act of 1889
On February 22, 1889, the House and the Senate approved an "omnibus" bill granting statehood to North Dakota, South Dakota, Montana, and Washington. One of the provisions of the bill gave the president, rather than Congress, the power to formally admit new states by proclamation once their constitutions were completed.
Credentials of First Senators from Montana
Credentials for Montana's first senators 1890
Since the creation of the Montana Territory in 1865, voters had elected a Democrat as their nonvoting delegate to Congress for all but two years. In 1889, however, the two houses of the Montana legislature were divided between Republicans and Democrats. After a hotly contested election, the legislature sent two pairs of senators-elect to present credentials. On April 16 the Senate voted 32 to 26 to seat the Republicans. Wilbur F. Sanders and Thomas C. Power, both of Helena, took the oath of office as Montana's first United States senators.
"A Very Pretty Picnic for the Newly-Made States—But No Show for Democratic Territories"
A Very Pretty Picnic for the Newly-Made States—But No Show for Democratic Territories.
In 1890 Congress admitted Idaho and Wyoming, resulting in a total of six new states created in a little more than a year. When these states sent Republicans to Congress in their first years, observers recognized the implications for future party control in the Senate. A Puck magazine cartoon depicted the new states frolicking at a "Senatorial picnic," with Arizona and New Mexico—both of which leaned Democratic—cordoned off from the party. Due in part to battles over partisan control, both territories were forced to wait another 22 years for statehood.
U.S. Senate Collection