upon the territory expressed a willingness to relinquish them upon the condition that the territory should be formed into states as soon as the population would warrant. Accordingly, before the constitution was framed all these states except North Carolina and Georgia had relinquished their claims, and all but a small portion of the territory was under the jurisdiction of the general government. And July 13, 1787, that portion of the country west of Pennsylvania and north of the Ohio, had been organized into the Northwest Territory. This act of congress is generally known as The Ordinance of 1787. It was for a long time the model upon which other territories were organized.

For the usual mode of admitting states, see page 72. 2This shows the fear entertained lest the general government should try to control a state by threatening its existence.

Vermont was claimed by both New York and New Hampshire. Both consented to the admission of Ver

mont as a state.

Kentucky was a part of Virginia, and became a state with her consent.

Maine became a state with the consent of Massachusetts, of which it had been a part.

Clause 2.- The Territories.

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;1 and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.2

"The power to acquire territory is not expressly granted in the constitution, but it is implied as an act

of sovereignty. Territory was acquired by the general government before the constitution by cession from states, and since the adoption of the constitution it has been acquired by purchase, by discovery, by conquest, and by annexation.

The power to dispose of territory is also an attribute of sovereignty, and would have belonged to the general government without this provision. But this provision places the power in the hands of congress; otherwise land could be sold by the treaty-making power. Under this provision congress receded to Virginia that portion of the District of Columbia south of the Potomac.

The power to govern any territory which it possesses is also an attribute of sovereignty. This clause gives the power to congress; but any law for the regulation of territories needs the president's signature, the same as any other law.

2It will be remembered that North Carolina and Georgia had not at the time of the adoption of the constitution relinquished their claims to certain territory lying outside of their state limits. This provision was made as a concession to them. But they afterwards, North Carolina in 1790 and Georgia in 1802, ceded the disputed territory to the United States.

SECTION IV.-GUARANTIES TO THE STATES.

2

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.3

That is, the United States will protect each state against one man or a few men who may try to usurp

the functions of the state government. By inference, the United States could insist upon a republican form of government even if the people of the state desired some other. Happily, no necessity for the exercise of this power has yet arisen.

2This would have been the duty of the general government, even if this provision had not been made. To defend the country against invasion is one of the principal duties of government. The government was organized "to provide for the common defense."

"To "insure domestic tranquillity" was another reason given for the establishment of the constitution. But lest the general government should make every little disturbance a pretext for interfering with the local affairs of a state, it was provided that no interference should occur until asked for by state authority.

Pertinent Questions.

If a judgment is secured against a resident of New York and he moves to Minnesota without paying it, could he be held responsible in Minnesota without another suit? Is a marriage ceremony performed in Illinois binding in Kansas?

Define citizen. Can a person be a citizen of the United States without being a citizen of any state? Could he be a citizen of a state and not be a citizen of the United States? A certain southern state imposed a tax upon commercial travelers not residents of that state; was the act constitutional? What is the Civil Rights bill, and why was it passed? Can a citizen of any state claim in another state any privileges peculiar to the state from which he removed?

How is a "fugitive from justice" secured when he has escaped into another state? Is a governor obliged to surrender an escaped criminal upon demand of the authorities of the state from which he escaped? How is a criminal secured if he escapes into another country? Name countries with which we have extradition treaties. Have we any with Canada?

What were the provisions of the fugitive slave law?

Did the articles of confederation provide for the admission of new states into the union? Name the first state admitted into the Union. The last. What territories are now seeking admission into the sisterhood of states? How does a territory become a state? What advantages are gained by becoming a

state? Is congress bound to admit new states? Can congress compel a territory to become a state? Can it compel a state to remain a state? Is there such a thing in our system as a state out of the Union?

What does a citizen of the United States lose by moving into a territory?

Does the constitution define a republican government? Is any particular department charged with the duty of guaranteeing to each state a republican form of government?

When did the United States protect a state against invasion? Against domestic violence? Have any states been admitted into the Union more than once?

CHAPTER XXVI.

ARTICLE V.-AMENDMENTS TO THE CONSTITUTION.

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 a 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;1 provided, that no amendment, which may be made prior to the year one thausand 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.3

1No one realized more fully than the framers of the constitution that, with the best thought which they could give to it, the constitution might need amending,

and therefore they provided ways for proposing and ratifying amendments.

It is purposely made difficult to amend the constitution because the fundamental law should not be changed except for weighty reasons. If these exist, the amendments may be made; the difficulty is not so great as to be insurmountable.

2By reading the clauses referred to, the student will readily see whom this was a concession to.

This was to protect the small states, in whose interest the senate was organized.

The first ten amendments were proposed by congress at its first session in 1789, and they were ratified in 1791.

Two other amendments were proposed at the same time, but they were not ratified. One of them was to regulate the number of representatives; the other, to prevent congressmen from increasing their own salaries. The eleventh amendment was proposed in 1796, and ratified in 1798.

The twelfth amendment, a consequence of the disputed election of 1801, was proposed in 1803, and ratified in 1804.

An amendment prohibiting citizens of the United States from accepting any titles, pensions, presents, or other emoluments from any foreign power, on pain of loss of citizenship, was proposed in 1811, but it was not ratified.

An amendment making slavery perpetual was proposed in 1861, in the hope that this might avert the war, but it was not ratified.

The thirteenth and fourteenth amendments were proposed in 1865 and 1868 respectively, and they were ratified the same years.