The Governor’s Dilemma: Can Washington Skip Congress to Become a State?

A fierce debate has erupted among Seattle’s legal community regarding Attorney General Metcalfe’s recent opinion on the legality of calling a constitutional convention. The central question: Does the Governor have the power to summon such a convention without an enabling act from Congress?

The consensus among several prominent attorneys is that while the Governor lacks explicit statutory authority, the political will of the people might override legal technicalities. Judge Jacob Orange argued that while the executive office is political and expected to reflect the administration's views, "we have not the utmost faith and confidence in Democratic logic." He noted that while Congress typically bears the expenses of such conventions, the people of Washington are "abundantly able and willing to pay" if necessary.

Hon. J.J. Metcalfe, the Attorney General himself, offered a nuanced view. He admitted he did not think the Governor had specific power vested in him to call the convention, as the regular method requires an enabling act from Congress. However, he conceded that if the convention were held and the resulting constitution ratified by the people, Congress could still admit Washington as a state, citing Texas as a precedent for informal admission.

Other legal minds weighed in with varying degrees of skepticism and optimism. H.M. Haller warned that a convention called without legal authority would be "unwise," though he admitted Congress could validate it later. H.G. Strove argued there was "no warrant of law" for such an action, fearing the expense would fall on the territory’s taxpayers.

Despite the legal hurdles, the desire for statehood remained palpable. W.R. Andrew expressed hope that the Governor would call the convention anyway, believing the first state legislature would pay all legitimate expenses. Meanwhile, Col. C.C. Haines argued that the cost of remaining a territory far exceeded the cost of admission, noting that the interest on tide lands alone outweighed the maintenance of a state government.

The debate highlights a critical moment in Washington’s path to statehood: the tension between legal procedure and political urgency. As one observer noted, "Prudence is always a virtue," but the pressure to join the Union was growing too strong for many to ignore.