CHAPTER XIII.

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.

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