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of the latter State, for the arrest and delivery of the criminal. The arrest can be made before the requisition is honored, but his delivery to the accredited officer must await action on the requisition.
Extradition between this country and foreign countries is regulated by treaty, the States having nothing to do with fugitives from abroad. The Secretary of State makes out the extradition papers.
140. Fugitive Slaves.—The first law of Congress on this question was passed in 1793; the second, which was much more drastic, was a part of the Compromise of 1850. By the latter the return of a fugitive slave was secured from a United States commissioner; while under the law of 1793 the local magistrate decided that question.
Questions on the Section.—Why must a divorce legally granted by one State be recognized in another? By whose authority are laws made for proving State official acts? Can runaway apprentices be returned from other States? A member of a “chain-gang”? What department of a State government shall return fugitive criminals?
SECTION 3.—NEW STATES AND TERRITORIES CLAUSE 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor 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 as well as of the Congress.
Cl. 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.
141. Requirements for Admission of New States.When the Constitution was adopted it was evident that new States would have to be admitted. The vast regions between the Appalachians and the Mississippi were already partly organized under a territorial government, and settlements were rapidly spreading from the Lakes to the Gulf. A Territory need not have any required population for admission. Politics has more to do with it than population; yet a Territory has better chances for admission when it has a population equal to the ratio of apportionment (see p. 45) or more. However, Nevada got into the Union, in 1864, with a population of half the ratio of apportionment; and Oklahoma was refused with a population of more than double the ratio.
142. Method of Admission. It is usual for Congress to pass an "enabling act” authorizing the people of the Territory to frame and adopt a constitution, and providing for the admission of the State by proclamation of the President. Sometimes the Territory takes the first step by framing a constitution, and, with this in hand, applying for admission. In either case Congress must see to it that the new State shall have a republican form of government.
143. Division of States.—The States formed by means of a division of other States are Maine and West Virginia. In the case of the latter the Legislature of old Virginia never gave its consent. After Virginia had seceded, in 1861, the forty-eight counties in western Virginia that remained loyal to the Union were organized as the State of West Virginia. It was claimed that Virginia having placed herself outside the Constitution by the act of secession the only legislative body within the State was that at Wheeling, which consented to the organization of the new State, and that the Constitution had therefore
been complied with. Texas, by the conditions of its admission, may be divided into five States at the will of its people.
144. The Government of Territories.—This is either of the organized or the unorganized form. In the organized Territory the Governor or other executive officers, and generally the judges, are appointed by the President. The Legislature is elected by the people in districts. Its laws must be approved by Congress. The people do not participate in national affairs beyond sending a delegate to Congress, who may debate but not vote. The organized Territories at present (1906) are Oklahoma, New Mexico, Arizona, Hawaii, Porto Rico, and the Philippines.
The unorganized, or lower form, through which most Territories passed before they were fully organized, provides only for an executive and a judiciary or a council. There being no Legislature, the executive and judiciary or council have joint legislative powers. Alaska and the Indian Territory are unorganized.
Our Samoan Islands, the Philippines, and others in that part of the world belonging to the United States, are known as our "insular possessions.” A new classification of Territories was made by a decision of the Supreme Court: those constituting “a part of” the United States -Alaska, Arizona, New Mexico, Indian Territory, and Oklahoma; and those“ belonging to” the United States -Hawaii, Porto Rico, the Philippines, Guam, the Sulu Islands, and our Samoan Islands.
145. Origin of the Territories.-The lands ceded to the United States by some of the States after the Revolution, gave rise to the Territory. Those lands comprised the present States of Ohio, Indiana, Illinois, Michigan,
Wisconsin, and a part of Minnesota. Most of the productive land secured at that time, and all since obtained by annexation, has been sold to settlers, given to railroads, schools, and colleges, and reserved for parks, forestry, and Indian tribes.
SECTION 4.-PROTECTION OF THE STATES
The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.
146. A Republican Form of Government.-As long as the Senators and Representatives of a State are admitted to Congress the republican character of that State is thereby admitted. So if a State ceased to be republican in form representation in Congress could be denied to it as a first remedy. When the old “Charter" government of Rhode Island (see p. 21), in 1842, at the time of “Dorr's Rebellion,” proclaimed martial law throughout the State, a case arose which finally reached the Supreme Court. Chief Justice Taney then said: “A military government set up as a permanent government of the State would not be a republican government and it would be the duty of Congress to overthrow it.” A hereditary governorship would evidently not be republican; but as judges are elected for life, a life tenure in the governorship might not be considered as unrepublican.
147. Federal Protection Without Application from the State.—In case violence breaks out in a State and interferes with the operation of the United States laws, the
President may send troops without a call for aid. In 1894 there was a riot in Chicago, by which the movement of mails and interstate commerce was interfered with. To carry out the Federal laws governing the mails and interstate commerce, President Cleveland sent troops to Chicago, when the Governor of Illinois declined to ask for them.
Questions on Sections 3 and 4.-Have ever any States been “formed by the junction of two or more States”? Have ever parts of States been added to other States? How must all such divisions be made? What is meant by “other property” in Section 3, Clause 2? Which gets the money realized by the sale of public lands in the Territories before and after they become States-the United States or the States? When must the President wait for a call for aid (Sect. 4)?
The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.
148. Two Methods of Proposing and Ratifying Amendments.—While amendments may be proposed in two ways and ratified in two ways, so far all have been proposed and ratified by the first of the two methods described in the article, that is to say: Congress has framed