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 jurisdiction of another 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 May 13, 1862, and ratified by Congress Dec. 31, 1862. West Virginia was admitted into the Union June 20, 1863.

ART. V.- ELECTIONS.

The times, places, and manner of holding elections of 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.

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 have 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 delay. 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-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 aid.

1. FROM JUSTICE.

ART. VIII.-FUGITIVES.

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

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.

6th. It is the duty of the Executive causing the arrest to give notice thereof to the Executive making the demand, or to his agent.

7th. Following these proceedings, the person charged with the crime is delivered over for trial to the State authorities from which he fled.

§ 3. The clause relating to fugitives from service refers to slaves exclusively. An act was passed by Congress to enforce this provision of the Constitution, Feb. 12, 1793, and was amended Sept. 18, 1850; and both the act and amendment were repealed June 28, 1864. In 1865, an article of amendment to the Constitution was ratified by a sufficient number of States to render it a part of that instrument, for ever abolishing slavery in the United States and its territories. The clause which we are now considering is, therefore, no longer operative.

ART. IX.-RESERVATIONS.

1. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 92.

2. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. 91.

§ 1. The first paragraph above is intended as a general rule of interpretation, to be applied to the Constitution in cases of doubtful right, as between State and United-States authority. The powers of the National Government are limited, being conferred and enumerated by the people of the United States. The powers not enumerated are reserved to the States or the people. But this must be understood with some qualification. All the powers of the National Government are not expressed in the Constitution, nor could they be. For instance, the power to provide for the general welfare is expressed; but no attempt is made in that instrument to define all the means that may be adopted to secure that object.

§ 2. Again: the power to regulate commerce with foreign nations, among the States, and with the Indian tribes, is expressed in the Constitution; but all means that may become necessary to make this power effective are not enumerated, nor could they be by any possible human forecast. A power conferred always implies the