Full faith and credit[1] shall be given in each state to the public acts,[2] records,[3] and judicial proceedings[4]of every other state. And the congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved,[5] and the effect thereof.

[1] That is, such faith and credit as would be given to such acts, etc., in the state in which they originated.

[2] That is, the legislative acts,—the statutes and the constitutions.

[3] Such as the registration of deeds, wills, marriages, journals of the legislature, etc.

[4] The proceedings, judgments, orders, etc., of the courts.

[5] The records of a court are "proved" (that is, shown to be authentic) by the attestation of the clerk, with the seal of the court affixed, and the certificate of the judge. The acts of the legislature are authenticated by the state seal.

SECTION II.—RELATIONS TO INHABITANTS OF OTHER STATES.

Clause 1.—Citizens.

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

That is, no state can give its citizens any privileges which it denies to citizens of other states. For instance, a citizen of Wisconsin, New York or California, coming to Minnesota has all the privileges of a citizen of Minnesota. To be sure he cannot vote in Minnesota until he has resided here for a time. This is simply a police regulation, to prevent fraud in voting. But he is entitled to the protection of the laws of Minnesota, may hold property here, and may engage in any business in which a citizen of Minnesota may engage.

He cannot, however, carry with him any special privileges which he may have enjoyed in the state from which he came. Thus, if one state permits a person to vote upon declaring his intention to become a citizen while another requires that a voter shall be a full citizen, a person coming from the first state cannot claim the right to vote in the second until he becomes a full citizen.

Study in this connection the first clause of the fourteenth amendment.

Clause 2.—Fugitives 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 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.

The necessity for this provision will readily be understood, when it is remembered that each state has jurisdiction only within its own limits. But for this provision, criminals would be comparatively free from restraint, because they could in most cases get into another state. And this would of course tend to increase the number of criminals. (See pp. 337, 349.)

As civilization advances, countries independent of each other politically agree, for their mutual protection, to surrender to each other fugitives from justice. Treaties made for this purpose are called extradition treaties.

Clause 3.—Fugitives 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.

This clause was inserted as a concession to the slave-holding states, and had special reference to slaves, though it also applied to apprentices and any other persons who for any reason might be "bound to service." But as slavery no longer exists, and apprenticeship and other binding to service are almost things of the past, this provision is practically obsolete.

SECTION III.—NEW STATES AND TERRITORIES.

Clause 1.—The Admission of New States.

New states may be admitted by the congress into this Union;[1] but no new state shall be formed or erected within the jurisdiction 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 as well as of the congress.[3]

[1] These few words mark an era in political history. Heretofore nations had acquired new territory merely to enlarge the extent of their provinces or subject states, never with a view of uniting the acquired territory with the original system, allowing it equal political privileges. But when we look at the matter carefully, we shall see that our government could not consistently do otherwise than it did. The proposition involved in the revolution was that new territory should either be permitted to enjoy equal privileges with the parent state, or it should become independent.

But it was not simply to carry out a political theory that this provision was made; it was to solve a practical difficulty. At the close of the Revolutionary War, the United States extended west to the Mississippi river. The territory west of the Alleghany mountains contained almost no inhabitants, and was of course unorganized. This territory became the object of contention. Some of the states claimed jurisdiction over it, while others maintained that it was not within the limits of any states, and that, as it had been secured by a war waged by the general government, this territory should be considered common property, to be managed by the general government. The states having claims 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.

[2] This shows the fear entertained lest the general government should try to control a state by threatening its existence.

[3] Vermont was claimed by both New York and New Hampshire. Both consented to her admission.

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.

West Virginia was admitted during the war, the consent of Virginia being obtained afterwards.

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]

[1] 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.

[2] It 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.

The United States shall guarantee to every state in this Union a republican form of government,[1] and shall protect each of them against invasion,[2] and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.[3]

[1] 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.

[2] This 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."

[3] 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?