Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1882-01-05
No. Z.

territories uelayeu LOT long period the tOr-
nation of the Union
In the public bodies which convened at
different periods before the Republic inhaled
from the Constitution the breath of life, each
State or colony had an equal voice No dis
tinctiOnS of population or wealth affected the
right of representation. Every colony or
State cast one vote in the Continental Con-
gress, and the Congress organized under the
Articles of Confederation, and the same rule
was followed in the convention which framed
the Constitution. In this manner the entire
country over which jurisdiction was asserted
by the "Old thirteen" was represented.
The momentous struggle of eight years for
independence was fruitful in the harvests OF
destruction, and blocked up the path of the
pioneers in their westward march. This is
the tendency of war, and the anomalous
growth of Montana during the rebellion is
the exception which proves the rule. Amidst
such unfriendly influences the Articles of
Confederation, the charter of the Union, were
submitted to the States for ratification.
Every colony was suffering from the fright
full disease Of debt which appeared to be in
durable. The remedy for the large States
was the sale of the land which was within
their chartered confines and unOccupied by
civilized races.
The small States, having no resources OF
this character, insisted that these dominions
should be held for the benefit of all the peo
pie, whose armies must conquer them from
Great Britain. The first patriotic movement
to put an end to this controversy in the spirit
of harmony was made by New York in 1870,
when she ceded part of her western en-
pire to the United States. In the same year
Congress proclaimed by its resolution that
~, o%elo, hnI Il of 1nf fhn Ir,fop
est of the whole country, and be settled and
formed into republican States The agita-
tation of the question continued. All doubts
of the perpetuity of the nation vanished in
1874, when peace reigned and Virginia con-
veyed to the United States the country
within the lines of the Virginia charter
which now comprises the flourishing States
of Ohio Indiana, Illinois, Michigan and
Wisconsin. Congress then resolved that the
territory which had been or might be ceded
to the United States should be divided into
States, and that the inhabitants should be
authorized to maintain a temporary govern e
mcnt, and have the right to elect q member
of Congress with the privilege of debating
but not voting. The germ of some of the
limitations upon the present Territories may
be seen in this measure.
Massachusetts and Connecticut relinquish-
ed in the succeeding two years rights to this
section, and, in this era OF peace, every road
led to the imperial west Villages were bios
soming in the wilderness, and the necessity
for legislation to pr Otect the settlers was so
urgent that Congress enacted, July 13, 1877.
the ordinance for the government OF the
Northwestern Territory. This celebrated
measure, which repealed the resolution
adopted in 1874, has been the model from
which the Organic Acts of every Territory OF
the United States have heen fashioned The
limits prescribed for this article allow a
mere reference to the clauses providing that
there should be formed within this territory
not less than three nor more than five States,
which should be admitted upon certain con-
ditions into Congress by their delegates, and
have the same privileges as the original
States While the State possessed tempo
rary organization it could be represented in
Congress by delegate with the power OF de-
voting.
1t is difficult to believe that these legisla
tive proceedings which have been noticed
were not sanctioned by the Articles of Con-
federation An examination of this docu-
ment will satisfy the reader that no mode is
defined for the admission of new States
or the creation of Territorial governments
The word "territory' is used in its primitive
sense in the ninth article, providing that no
State shall be deprived of territory for the
benefit of the United States" In this con-
nection it may not be deemed unworthy OF
mention that Cicero, in the second Philippe,
asserts that new Roman colony cannot be
established legally at the place where anoth-
er has been founded according to the aus
pices and is in a thriving condition. The
brilliant orator denounces Antonius for his
violation of all religious observances by di-
minishing the territory (territorium, from
which territory is derived of Capua for the
purpose of enlarging his new colony of CAST
linum This proviso of the Articles of Con-
federation may have been a shield against
dangers which had been recorded in ancient
history, but its effect was to restrict the re-
public to the thirteen States.
James Madison, in the Federalist, submits
the following observations respecting the
matters under examination: The eventual
establishment of nep States seems to have
been overlooked by the compilers of that IN
strument" (the Articles Of Contederation)
In referring to the Congress of the Conteder-
alton, the great commentator further says
Congress = x = have proceeded to form
new States; to erect temporary governments;
to appoint officers for them; and to prescribe
admitted into the Confederacy. All this
has been done. and done without the least
color of constitutional authority" Similar
opinions have been expressed by many states
men.
The constitutional power to erect Terrific
rial governments in the United States was
soon supplied The Federal Convention as
sembled in 1857, and this subject was brought
before the delegates as soon as the order OF
business would permit. The result OF their
appears in the sections OF the
Constitution declaring that new States may
be admitted by the Congress into this
Union :" and that ''the Congress shall have
power to dispose of and make all needtul
rules and regulations respecting the territory
and property belonging to the United States.
We are aware of the conflicting views which
have been entertained concerning the extent
Of this power, but cannot now review them.
Congress has exercised the authority which
has been conferred and wisely re-enacted
most of the provisions of the acts OF the
whenever the welfare OF the
citizens required Territorial governments
Their foundations are strong and sure, for
thew have been built upon the rock of the