GOVERNMENT OF THE TERRITORIES AND DEPENDENCIES
=Power of Congress over the Territories.=--The Constitution expressly
confers upon Congress the power to dispose of and make all needful rules
and regulations respecting the territory or other property belonging to
the United States. In dealing with the territories the powers of
Congress are general or residuary in character, whereas when it
legislates for that part of the country which has been erected into
states, its powers are specifically enumerated. Congress, therefore, may
establish practically any form of government in the territories that it
chooses. It may, if it wishes, set up therein a military government or
it may establish civil government with such limitations and exceptions
as it may wish. In the latter case it may allow the inhabitants a
legislative assembly for purposes of local legislation, or Congress may
legislate directly for them itself. And in case it permits the
inhabitants to have a legislative assembly of their own and to enact
their own laws, Congress may veto or modify any law passed by such
legislature. Indeed, says the Supreme Court, Congress may make valid an
invalid act passed by a territorial legislature as well as declare
invalid a valid act passed by it.
_Does the Constitution Extend to the Territories?_--A subject much
discussed, especially at the time of the acquisition of Porto Rico and
the Philippines, was whether such provisions of the Constitution as
were applicable extended of their own force to new territories
immediately upon the establishment of American sovereignty over them;
that is, whether the Constitution "follows the flag" or whether its
provisions apply only when extended by act of Congress. One party
asserted that such provisions go wherever the sovereignty of the United
States goes, that the government cannot be carried to any new territory
unless accompanied by the Constitution from which it derives its
authority, and that Congress has no power to withhold such provisions as
are applicable. The other party maintained that the Constitution was
established only for the people of the United States; that whenever new
territories have been acquired, Congress has extended such provisions as
it saw fit; and that Congress is unlimited as to its power in dealing
with the inhabitants of such territories. The Supreme Court in the
famous Insular Cases, decided in 1900 and 1901, upheld the latter view
and ruled that for all practical purposes the territories of the United
States are completely subject to the legislative authority of Congress,
and that it is not even restricted by those provisions of the
Constitution which were adopted for the protection of individual
liberty. In practice Congress has always extended to the domestic
territories such provisions of the Constitution as were applicable, thus
putting the inhabitants upon the same footing as those of the states so
far as the enjoyment of _civil_ rights are concerned, but not as to
_political_ rights. So far as the insular territories are concerned, it
has also extended most of the provisions relating to civil rights,
though in the case of the Philippines a few safeguards such as the right
of indictment by grand jury, trial by jury, and the right to bear arms
have been withheld.
=The Origin of the Territorial System.=--Before the Constitution was
adopted, Congress had acquired by cession from certain of the original
states a vast domain of territory north of the Ohio River, and later it
acquired a considerable domain lying south of the Ohio (p. 159). One of
the conditions upon which the territory north of the Ohio was ceded, was
that Congress should form the territory into distinct republican states
which should be admitted to the Union on an equal footing with the old
states. It was felt, however, that the territory in question should be
put through a sort of preparatory stage before being erected into
states; that is, it should be held in a state of dependency until the
population was sufficiently numerous to maintain a state government and
the inhabitants had acquired sufficient political capacity to manage
their own public affairs.
_The Northwest Territory._--By the famous Ordinance of 1787, as
reënacted and slightly modified two years later (after the adoption of
the Federal Constitution), Congress provided a scheme of government for
the northwest territory which was in force for many years. The Ordinance
provided for two grades of government: one for the territory before its
population should amount to 5,000 inhabitants; the other for the
territory thereafter. The principal difference was that in the former
case the territory was to have no local legislature of its own, while in
the latter it was to have a legislative assembly. The scheme of
government provided in the beginning consisted of a governor, a
secretary, and three judges, appointed by the President. Although no
legislature was provided, the governor, secretary, and judges were
empowered, not to make new laws, but to select such laws from the
statutes of the old states as were suitable.
When the population had reached 5,000 inhabitants, the territory was
given the second grade form of government, that is, it was allowed a
local legislature, the lower house of which was elected by the
inhabitants on the basis of a restricted suffrage, the upper house or
council to be appointed by the President from a list nominated by the
lower house. The territory was now allowed to send a delegate to
Congress with a right to a seat in that body, but no right to vote.
The scheme of government thus provided for the northwest territory
became the model for the later territorial governments. It was
introduced into the southwest territory and later to the territory
acquired west of the Mississippi River.
=The Organized Territories: Hawaii and Alaska.=--The territories and
dependencies of the United States may be grouped into two classes: the
organized and the unorganized. A territory of the first class is said to
be "organized" because it has its own local legislature, both houses of
which are elected. At present the only territories of this class fully
included as parts of the United States are Hawaii[105] and Alaska,[106] but
since most of the states were organized territories before being
admitted to the Union, this kind of government is of more than ordinary
interest to the student of civics.
[105] The Hawaiian Islands were annexed to the United States in July,
1898, by a joint resolution of Congress after a treaty of annexation
had been rejected by the senate. The senate of Hawaii is composed of
fifteen members, the house of thirty; ability to speak, read, and write
the English or Hawaiian language is required of voters; the governor
may veto special items in appropriation bills; and in case the
legislature fails to pass appropriation bills to pay the necessary
expenses for carrying on the government and meeting its obligations,
the treasurer may, with the approval of the governor, make such
payments, for which purpose the sums appropriated in the last
appropriation bills shall be deemed to have been reappropriated;
the purpose being to prevent the legislature from causing deadlocks.
[106] For Porto Rico and the Philippines, see pages 374-379.
_Executive._--In a fully organized territory there is a governor who is
appointed by the President with the consent of the senate for a term of
four years, and who enjoys the usual powers of a state executive. The
appointment is usually made from the residents of the territory, though
in a few cases outsiders have been appointed. There is also a secretary
who keeps the records of the territory, compiles and publishes the acts
of the legislature, and serves as governor during the absence or
disability of the latter official. Other administrative officers of the
territory are the attorney-general, treasurer, commissioner of public
lands, superintendent of public education, surveyor, and auditor.
_The Legislature_ is composed of two houses, both of which are popularly
elected. Regular sessions of the legislature are held every two years
and are limited to sixty days, though the governor may call
extraordinary sessions with the approval of the President of the United
States.
The territorial legislature is empowered to enact laws in respect to all
rightful subjects of legislation not inconsistent with the laws and
Constitution of the United States. Congress, however, has from time to
time imposed various limitations upon the power of the territorial
legislatures, and has shown a tendency to increase the restrictions,
especially in regard to financial matters. Congress may veto any act of
a territorial legislature.
_Judiciary._--For the administration of justice, a fully organized
territory has a supreme court, a number of district courts, and such
inferior courts as the legislature may create. The judges of the higher
court are all appointed by the President of the United States for a term
of four years. The territory also has a United States district court, a
district attorney, and a marshal.
Finally, a fully organized territory is given a limited representation,
in the Congress of the United States through a delegate, elected by the
people of the territory every two years, who is allowed a seat in the
house of representatives with a right to serve on committees and take
part in debate, but not to vote.
_Alaska_, acquired by purchase from Russia in 1867, was for seventeen
years after its acquisition administered directly by the President
without any express authority from Congress. In 1884, however, an act
was passed providing a system of civil government for the territory, to
be administered by a governor appointed by the President for a term of
four years. The general laws of the state of Oregon, so far as
applicable, were extended to the territory. In 1898 a criminal code was
provided for the territory, and in 1900 a complete civil code and a code
of civil procedure were enacted. Finally, in 1912 Alaska was made a
fully organized territory, with a legislative assembly consisting of a
senate of eight members and a house of representatives of sixteen
members. Acts can be passed over the governor's veto by vote of
two-thirds of the members of each house of the legislative assembly.
=The Organized Dependencies.=--Porto Rico and the Philippines, acquired
from Spain in 1898, were formerly, and are now to a certain extent,
regarded more as colonies than as territories, although they are
governed much like a territory. For many years they were classed as
"partly organized" because in their legislatures only one house was
elective. They now have legislatures in which both houses are elective;
but unlike the territories they are inhabited by a foreign race, and had
been at the time of their cession to the United States for centuries
governed by an entirely different system of laws and administration from
that to which the people of the United States were accustomed.
=Porto Rico.=--By an act of Congress in 1917, the supreme executive
power of the island is vested in a governor appointed by the President,
for an indefinite term. He has the usual powers of a territorial
governor. There are six executive departments, namely, justice, finance,
interior, education, agriculture, and health. The attorney-general and
the commissioner of education are appointed by the President for a term
of four years; the heads of the other four departments are appointed by
the governor for the same term. The department heads collectively form
an executive council charged with the performance of such duties as the
governor may prescribe.
_The Legislature._--Formerly the legislature was composed of an upper
house, known as the council, the members of which were appointed by the
President, and a house of delegates, popularly elected. The act of 1917,
however, provided for a legislature, both houses of which are elected by
the voters. The upper house is called the senate and is composed of
nineteen members, elected for a term of four years. The lower chamber,
called the House of Representatives, consists of thirty-nine members,
elected for a term of four years. The legislature is required to meet
biennially and the governor may call extraordinary sessions. Laws vetoed
by the governor and passed over his veto by the legislature must be
transmitted to the President for his approval or disapproval. All acts
of the legislature are required to be laid before Congress which may
annul the same. To prevent deadlocks in the administration of the
government, as several times happened in former years, the law provides
that whenever the appropriation bills for the support of the government
fail of passage the amount appropriated for the past year shall be
considered to have been appropriated for the ensuing fiscal year.
_Suffrage and Citizenship._--Practically all citizens over twenty-one
years of age who can read and write are qualified voters. Formerly a
source of complaint among the inhabitants was that they were denied the
status of United States citizenship. They were designated as citizens of
Porto Rico and were entitled to be protected by the United States and
were eligible to receive passports for travel abroad, but they were not
citizens of the United States. The law of 1917, however, removed this
grievance by providing that all citizens of Porto Rico should be deemed
to be citizens of the United States. The act also contains an elaborate
bill of rights similar to those in the state constitutions.
_Judiciary._--The elaborate system of Spanish courts and the Spanish
legal system generally have been done away with, and in their place a
system of law and procedure and a judicial system modeled upon those of
the American states have been substituted. There is a supreme court
consisting of five judges appointed for life by the President, and of
these, three are Porto Ricans and two Americans. Below this court are a
number of district courts each of which is presided over by one judge
appointed by the governor with the consent of the council for a term of
four years. There are also twenty-four municipal courts, and in the
several towns there are courts held by the justices of the peace. The
act of 1917 provided for the establishment of a District Court of the
United States for the island.
_Resident Commissioner at Washington._--The interests of the island are
looked after at Washington by a resident commissioner who is elected by
the qualified voters for a term of four years. Unlike the delegate from
an organized territory he has no right to a seat in the house of
representatives, but the house has granted him the courtesy of this
privilege. He is, however, entitled to official recognition by all the
executive departments whenever he wishes to discuss with them matters of
business affecting Porto Rico.
The island has its own internal revenue system for raising taxes, and
the receipts from all customs duties on goods imported into the island
are turned into the insular treasury. Unlike the Philippines, however,
the island does not have its own monetary system, but uses that of the
United States.
=The Philippines.=--The problem of governing the Philippines has proved
much more difficult than that of governing Porto Rico. Instead of a
single island inhabited by a fairly homogeneous population, the
Philippine archipelago consists of several hundred islands inhabited by
various races and peoples representing almost every stage of development
from savagery to fairly complete civilization. It has been a difficult
problem to develop a system of government adapted to the needs and
capacities of so many different elements. In addition to the
difficulties presented by these conditions, the Filipinos in various
parts of the archipelago have resisted American rule, and no small
amount of effort and expenditure of money has been directed toward the
suppression of outbreaks and the maintenance of order.
_Organic Act of 1902._--In 1902 Congress passed an organic act for the
government of the islands, and shortly thereafter William H. Taft was
inaugurated civil governor. This act continued for the most part the
form of government that had been created by the Philippine Commission.
The organic act provided, however, that as soon as the insurrection then
existing was suppressed, a census of the inhabitants should be taken and
if the islands were in a state of peace, steps should be taken toward
the establishment of a legislative assembly, the lower house of which
should be popularly elected. This provision was duly carried out, and in
1907 the assembly was chosen. The upper house was a commission of nine
members, including the governor, appointed by the President; and members
of the commission also served as heads of executive departments.
In 1916 the government was altered by abolishing the commission and
creating a legislature in which both houses are elective. The governor
general, at the head of the executive department, is appointed by the
President, as are also the vice governor and the auditor. Acts of the
Philippine legislature may be vetoed by the governor general (or finally
by the President if passed over the governor general's veto), or may be
annulled by Congress. The act of 1916 declared it to be the purpose of
the United States to grant the Philippines independence as soon as a
stable government can be established therein.
_Resident Commissioners._--The legislature is allowed to choose two
resident commissioners to represent the islands at Washington. Like
territorial delegates, they have seats, but no vote, in the house of
representatives.
_The Judicial System_ of the islands consists of a supreme court of
seven judges who are appointed by the President, a court of first
instance in each province, the judges of which are appointed by the
governor general, and various municipal courts. Unlike Porto Rico and
Hawaii, no United States district court has been established in the
islands. Appeals lie from the supreme court of the islands directly to
the United States Supreme Court in all cases in which the Constitution
or any statute or treaty is involved or in which the amount in
controversy exceeds $25,000.
_Local Government._--Each province is governed in local matters by a
board consisting of a governor and other officers elected by the voters.
The organized municipalities are governed by elective councils. Special
provision has been made for the government of districts inhabited by
certain non-Christian peoples by the creation of a Bureau of
Non-Christian Tribes.
=The Unorganized Territories and Dependencies.=--The third group of
territories or dependencies embrace those which have no legislative
assembly whatever. These include Samoan Islands, Virgin Islands, Guam,
the Panama Canal Zone, and the District of Columbia.
The American _Samoan Islands_, the chief of which is Tutuila with its
valuable harbor of Pagopago, are governed by a naval officer--the
commandant of the naval station at Tutuila. He makes the laws and
regulations, and sees that they are enforced, but so far as possible the
inhabitants are allowed to govern themselves.
By treaty of 1916, three of the _Virgin Islands_ were purchased from
Denmark for $25,000,000. They were placed under the jurisdiction of a
governor appointed by the President, but the local laws were kept in
force.
_Guam_ was seized by the United States during the war with Spain, and
was retained by the treaty of peace. It is governed by the commandant of
the naval station.[107]
[107] Other insular possessions of the United States are Wake Island,
Midway or Brooks Island, Howland and Baker Islands, all in the Pacific
Ocean. They are practically uninhabited and no provision for their
government has been found necessary.
_The Panama Canal Zone_ is a strip of land ten miles wide extending from
the Atlantic to the Pacific Ocean across the Isthmus of Panama, and was
acquired by treaty from the Republic of Panama in 1904, upon the payment
of $10,000,000. Soon after the conclusion of the treaty, Congress
passed an act placing the entire government of the Canal Zone in the
hands of the President. The powers of the President prior to 1914 were
exercised through the Isthmian Canal Commission consisting of seven
members, with authority to make and enforce all needful rules and
regulations for the government of the Zone and to enact such local
legislation as might be needed, subject to the condition that it must
not be inconsistent with the Constitution, laws, or treaties of the
United States. In January, 1914, President Wilson, in pursuance of an
act of Congress passed in 1912, issued an order abolishing the
commission and organizing a system of civil government for the Canal
Zone. Colonel George W. Goethals was appointed the first civil governor.
_The District of Columbia_ is a territory with an area of seventy square
miles, and was ceded to the United States in 1790 for the site of the
national capital. The district was administered from 1801 to 1871 under
the forms of municipal government, that is, by a mayor and council, but
in the latter year Congress vested the government in a governor, a
secretary, a board of public works, a board of health, and a legislative
assembly. At the same time the district was allowed to send a delegate
to Congress. Largely on account of the extravagance of this government
in under-taking expensive public improvements, Congress in 1874
abolished the whole scheme and established the present system, which
vests practically all governmental powers in the hands of a commission
of three persons appointed by the President. Two of these must be
appointed from civil life and the other must be an officer belonging to
the engineering corps of the army. This commission has the general
direction of administrative affairs and the appointment of employees,
and exercises wide powers of a quasi legislative character, such as the
issuing of health and police regulations. The legislature of the
district, however, is the Congress of the United States. In each house
there is a committee on the District of Columbia to which all bills
relating to the district are referred, and on one day of each week an
hour is set apart in the house of representatives for the consideration
of such bills. No provision is made for the representation of the
district in Congress, and the inhabitants take no part in presidential
elections.[108] One half the expense of conducting the government of the
district is defrayed out of the national treasury, and the other half is
raised from taxation on private property in the district.
[108] This is also true of the other territories and dependencies. The
organized territories, however, have been allowed to send delegates to
the national conventions for the nomination of the President and Vice
President.
The judicial establishment of the district consists of a court of
appeals of three judges, a supreme court of six judges, and the usual
police courts and courts of justices of the peace. (See page 364.)
=American Protection over Spanish American States.=--In addition to the
ownership of the various insular dependencies mentioned above, the
United States, in pursuance of a long established policy known as the
"Monroe Doctrine," exercises a certain degree of protection over Latin
American states. As this policy is now interpreted it forbids the
further acquisition by European powers of territorial possessions in the
western hemisphere, or the extension by such powers of political
influence on this continent. By virtue of special treaty arrangements
the United States exercises a virtual protectorate over certain of the
smaller Latin American republics. Thus under the "Platt Amendment," to
the constitution of Cuba (also embodied in a treaty between the United
States and Cuba) the United States has the right to intervene in Cuba
for the maintenance of a stable government and for the protection of
public order and security; and this power was exercised in 1906.
Naturally it exercises the power of protection over the republic of
Panama through whose territory the Panama Canal runs, and recently
(1915) it has established a sort of financial protectorate over Haiti
and the Dominican Republic. In pursuance of treaty arrangements it
collects the customs revenues in those republics, applies them to the
payment of their foreign debts, and has the right to intervene for the
maintenance of order.
=References.=--BEARD, American Government and Politics, ch. xxi.
BRYCE, The American Commonwealth (abridged edition), ch. xlvi.
HART, Actual Government, ch. xx. WILLOUGHBY, Territories and
Dependencies of the United States, chs. iii, iv, vi.
RESEARCH QUESTIONS
1. From what clause or clauses in the Constitution is the power to
acquire foreign territory derived?
2. By what different methods has foreign territory been added to the
United States?
3. Are there any limitations on the powers of Congress in legislating
for the territories?