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contained over fifty-nine thousand. In 1860, the population of that State was a little over a hundred and twelve thousand ; not enough, however, to give it one representative, were it not for this clause, which
that “ each State shall have at least one representative ;” for in 1860 the ratio of representation was fixed at one member for 127,316 inhabitants.
§ 3. The authors of the Constitution foresaw that the population of this country would rapidly increase for ages after their labors were done, and that many new States would be added to the Union. They also saw that it would not do to provide for increasing the number of members in the House of Representatives in proportion to the increase of population ; for, in such case, that body would soon become inconveniently large for the purposes of legislative deliberation. Within one hundred years from the adoption of the Constitution, our country will number nearly one hundred millions. Were the House of Representatives, then, to have one member for every thirty thousand, it would have 3,333 members.
§ 4. When the time arrives that the United States shall number two hundred and fifty millions, the House of Representatives will probably be constituted on the basis of not over one member to a million of inhabitants. There will be many States, probably, at that time, which will not contain more than two or three hundred thousand each. Especially will this be true of the younger and the smaller of the older States. But these States must have at least one representative each, or they must be unrepresented in the national councils. Hence the necessity of this provision, that "each State shall bave at least one representative.”
§ 5. There are several States now in the Union, which, but for this provision of the Constitution, would not be entitled to representation in the House. They have not the necessary number of inbabitants ; but they each have one member on account of this clause.
$ 6. The second clause of the article under consideration refers to equality of State representation in the Senate. When, in the Constitutional Convention, the smaller States consented that population might become the basis of representation in the House, it was upon
condition that there should be equality of representation in the Senate. So tenacious were the smaller States on this point, that they insisted on and obtained this Constitutional provision. No majority of the States, however large, can change this clause of the Constitution so long as a State which loses its full representation thereby refuses its consent to such change. The provision is for the protection of the smaller States.
ART. II. - PRIVILEGES OF CITIZENSHIP. The citizens in each State shall be entitled to all the privileges and iminunities of citizens of the several States. 72. The
purpose of this clause is to create a general national citizenship. Perhaps it does not so properly come under the rights of States as the rights of citizens derived from the States. being a citizen in one State of the Union may remove to any other without prejudice to his social, pecuniary, or political rights in his new bome. He may purchase, hold, convey, and inherit property, and enjoy all other rights arising from citizenship, the same as though he 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 United States, but of the States from which and to which he removes. (See appendix to Analysis B.)
ART. III.-STATE AMITY. Full faith and credit shall be given in each State to the acts, records, and judicial proceedings of every other State. 71.
This provision confers at once a right on States and a right on individuals; and it imposes obligations on States: 1st. A State has the right to demand of another State that its acts, records, and judicial proceedings, shall be respected, and that full faith and credit shall be given to them. 20. Individuals may demand the same, when that demand is necessary to the vindication of their rights. And, 3d, 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, provided the courts of Ohio would hold it conclusive.
The manner of proving such acts, records, and judicial proceedings, 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 two 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 State 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, except 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 i
e in it as States, unless the danger is so imminent as not to admit of delay. For the surrender of this right, it is but reasonable that the National Government should pledge its power to defend them.
$ 3. Perbaps 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 ļiable 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-handed 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
ART. VIII.- FUGITIVES. 1. From JUSTICE. – A person charged in any State with
treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand