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sentation in tbe Senate. So tenacious were the smaller States on tăi pet, teat the insisted on and obtained this Constitutional prone So najsity of the States, bowerer large, can change this e's zee if the Constitation so long as a State which loses its full representati a mereby refaes its consent to such change. The pro sa is for the protection of the smaller States.
ART. II. – PRITILEGES OF CITIZENSHIP. The citizens in each State shall be entitled to all the privtäegas and immunities of citizens of the sereral States. 72.
Toe pipe of this clause is to create a general national citizensp. Periaps it does not so properly come under the rights of Sates a the rigbes of citizns derived from the States. A person larg a estuben in one Siate of the Union may remove to any other wb at prezice to his social, pecuniary, or political rights in his new bome. He mar purchase, bold, coprey, and inberit property, and ecir all other rights arising from citizenship, the same as though be were born or naturalized in the State to which he emigrates. These are rights in the enjoyment of which he can not only claim the protection of the C'nited States, but of the States from which and to which be remores. (See appendix to Analysis B.)
ART. III.-STATE AMITY. Ful faith and creilit shall be giren in each State to the acts, meron's and judicial proceedings of every other State. 71.
This pror:sion confers at once a right on States and a right on imivaluals; and it imposes obligations on States: 1st. A State has the right to demand of another State that its acts, records, and judicial printings shall be respected, and that full faith and endit shall be given to them. 24. Individuals may demand the sime, when that demand is necessary to the vindication of their rights. And, 32. States on whom such demands are properly made are under obligations to heed and respect them. A judgment rendered by a court in Ohio, for instance, would be conclusive in New York, prorider the courts of Ohio would hold it conclusive.
The manner of proring such acts records, and judicial proceed
This e nepresen
ings, and the effect to be given to their authenticity, is, as we have seen, exclusively under the direction of Congress.
ART. IV.-NEW STATES.
1. No new State shall be formed or erected within the juris
diction of any other State ; 2. Nor shall any State be formed by the junction of troo or
more States, or parts of States, without the consent of
the legislatures of the States concerned. § 1. The first paragraph above was inserted by the Constitutional Convention to quiet the fears of the larger States that their territory might be dismembered for the purpose of increasing the number of States. The second quiets the fears of the smaller States, that a junction of States might take place without their consent.
§ 2. No new State has ever been formed within the limits of the Union by the junction of two or more States. One new Scate has been formed, however, by the dismemberment of another. On the passage of the Ordinance of Secession by the Virginia Convention, a convention of the western counties of the State was held at Wheeling May 11, 1861, and on the 17th unanimously deposed the then State officers, and organized a State government.
$ 3. Nov. 26, 1861, a convention representing the western counties of the State assembled in Wheeling, and formed a constitution for West Virginia. This constitution was submitted to the people May 3, 1862, and adopted by them by a nearly unanimous vote. The division of the State was sanctioned by the legislature of the new State, May 13, 1862, and ratified by Congress Dec. 31, 1862. West Virginia was admitted into the Union June 19, 1863.
ART. V. - ELECTIONS.
The times, places, and manner of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof, subject to the revision of Congress, exccept as to the places of choosing senators. 15.
This clause gives the regulation of the election of senators and representatives primarily to the legislative authority of the several
States. Should they fail to exercise it, however, or exercise it improperly, the interests of the country would justify the interposition of Congress. (See powers of Congress, Art. XI., Part II.)
ART. VI.- MILITIA OFFICERS. 1. The appointment of the militia officers is reserved to the
States respectively. 2. Also the training of the militia according to the discipline
prescribed by Congress. 41. § 1. As the National Government is to depend on the several States for the militia, it seems proper that the officers who are to train and discipline them should be appointed by the States. This arm or power of national security is in some sense a local police force, a means of State defense, for the proper organization and discipline of which the several States are responsible to the national authority.
$ 2. But, in order that there may be uniformity of organization and discipline, it is left with Congress to prescribe the mode. In case of invasion by a foreign power, or a wide-spread rebellion, the militia of States distant from each other may be placed side by side in the same army. Hence the necessity of uniformity of discipline, and of its being under the direction of a single power, instead of being distributed among the several States. The States respectively have the training of the militia; but Congress prescribes the mode of discipline.
ART. VII. FEDERAL PROTECTION. 1. The United States shall guarantee to every State in the
Union a republican form of government. 2. Shall protect each State against invasion; 3. Also against domestic violence,
1st. On the application of the legislature of the State, or, 2d. On application of the State Executive when the
legislature can not be convened. 77. § 1. The United States is one great political family, and each State is a member of that family; and each member has the right of
protection from invasion without or insurrection within. The want of a provision similar to this was a serious defect in the Articles of Confederation. This is one of those State rights that give assurance of the stability and solidity of the State governments, as well as the perpetuity of the Federal Union. In every age of the world, and among all nations, there bave been designing, intriguing, ambitious demagogues, ready to originate the most wicked schemes for the overthrow of the governments under which they lived. Human nature is much the same in every age; and but for this guaranty on the part of the United States, and this right on the part of the States, the form of a State government, at some unlucky moment, and under the sway of vile intriguers, might be changed from a republic to a monarchy.
§ 2. The States have the right of Federal protection from foreign invasion. They have no right to declare war, nor even to engage in it as States, unless the danger is so imminent as not to admit of de. lay. For the surrender of this right, it is but reasonable that the National Government should pledge its power to defend them.
$ 3. Perhaps there is more danger under a republican form of government, than under any other, of outbreaks of domestsc violence. Enjoying, as the people do, a greater degree of freedom under this than under other forms of government, that freedom is correspondingly more liable to be abused. Our own history has demonstrated this tendency. Several times it has been found necessary to call out the Federal troops to protect the States from internal dissensions, and to crush open and high-banded defiance of State laws. The Federal authority may be invoked for this purpose by the legislature of the State, if in session, in which the insurrection occurs. If the legislature is not in session, and can not be readily convened, the Governor of the State may call on the President of the United States for the necessary aid.
ART. VIII.- FUGITIVES. 1. From JUSTICE. – A person charged in any State wich
treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand
of the executive authority of the State from which he fled, be delivered up, to be removed to the State having
jurisdiction of the crime. 73. 2. From SERVICE. - No person held to service or labor in one
State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service
or labor may be due. 74. $ 1. The several States are political neighbors to each other. By the first of the foregoing provisions, if the laws of a State have been outraged by the commission of a grave crime, and the criminal flees to a neighboring State, it is the right of the State whose laws have been violated to pursue the criminal, and bring him back for trial. No State has the right to become an asylum for criminals. This would afford a direct encouragement to hardened depravity.
$ 2. By an act of Congress, passed Feb. 12, 1793, provision was made for enforcing this clause of the Constitution. To secure the return of a fugitive from justice, according to that act, the following steps must be taken : 1st. The Executive of the State in which the crime is committed
must make demand for the return of the criminal on the
Executive of the State to which the criminal has fled. 2d. The demand must be accompanied with a copy of the indict
ment against the criminal; or, 3d. By an affidavit made before a magistrate, charging the person
demanded with having committed the crime, and having fled
from justice. 4th. The copy of the indictment, or the affidavit, must be certified
by the governor or chief magistrate making the demand, to
be authentic. 5th. When this is done, it is the duty of the Executive of the State
to which the person has fled to cause the accused to be
arrested and secured. Ch. It is the duty of the Executive causing the arrest to give notice
thereof to the Executive making the demand, or to his agent.