Government of the Territories.
There are at present four areas, situated outside of the States, and
organized under territorial governments. These are Utah, Arizona, New
Mexico and Oklahoma. Besides these there are the two unorganized
territories, Indian Territory, and Alaska, and the District of Columbia,
which last tract contains sixty-four square miles.
_#Government of Territories.#_--The fundamental law of a Territory is
the Federal Constitution, just as in a State. Unlike the State, however,
it has no constitution of its own, but is regulated entirely by
Congress. In Section 3, Article IV, of the Constitution, it is declared
that "Congress shall have power to dispose of and make all needful
regulations respecting the territory or other property belonging to the
United States." In pursuance of this clause Congress has in the four
organized Territories instituted governments as follows: The executive
of the Territory is a Governor appointed by the President for a four
years' term. There is also a secretary and treasurer. The legislature
consists of two houses, a council of 12, and a House of Representatives
of 24. These are elected by the people of the Territories, and have a
term of two years. The Legislature meets every other year. All its acts
require approval by Congress before becoming law.
The judiciary consists of three or more judges appointed by the
President, together with a district attorney and United States marshal.
Territories send neither Senators nor Representatives to Congress, but
have one delegate apiece in the United States House of Representatives,
who may speak, but not vote.
_#Admission of a Territory as a State.#_--A Territory is an embryo
State. As soon as a Territory becomes sufficiently populated it applies
for admission into the Union as a State, and such admission is
accomplished in the following manner. When an application by a Territory
for Statehood is made, it is considered by Congress, and, if approved,
the inhabitants of the Territory are authorized to form for themselves
out of such Territory a State government, and thus prepare themselves
for admission into the Union.
A State government is formed as follows: The Governor of the Territory
issues a proclamation declaring that on a certain date there shall be an
election of delegates to a convention; such convention is to be held on
a certain date. These delegates are elected by a popular vote. The
members of the convention thus formed declare that they, on behalf of
the people of the Territory, adopt the Constitution of the United
States, and then proceed to draft a State constitution and government.
It is provided that this constitution shall be Republican in form, and
make no distinction in civil and political rights on account of race or
color, except for Indians not taxed: that it shall not be repugnant to
the Constitution of the United States and the principles of the
Declaration of Independence. Perfect religious toleration must be
guaranteed, all right or title to the unappropriated public lands lying
within the Territory must be disclaimed and given over to the United
States. Provision must be made by the constitution for the establishment
and maintenance of the system of public schools.
After adoption by the convention the constitution is offered to the
people for ratification. If it is ratified, the Governor certifies the
fact to the President of the United States. Provided the constitution is
found to comply with all the conditions just mentioned, the President
issues his proclamation declaring the ratification of the constitution,
and upon the same day that the proclamation is issued the territory is
deemed admitted by Congress into the Union as a State, on an equal
footing with the original States, and entitled to representation in both
houses of the Federal Congress. The representatives and the Governor and
other State officers are elected on the same day as that upon which the
constitution is ratified by the people.