CHAPTER XIX

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?

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