New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-08
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TERRITORIES AND TIE CONSTITUTION.

TERRITORIES AND TIE CONSTITUTION
In these days when the Constitution is every
day mistakenly quoted rs restricting the Gov
eminent IN its dealings with any conquered or
purchased territory. II seems worth while to con
slider what the Constitution of the United States
actually does provide Whoever examines it
will find that il makes no reference whatever TO
territories OF the United States nor any pro
vision whatever for them. excepting the single
one in Article " Section 3, as follows: THE
Congress shall have power TO dispose OF and
make all necdful rules and regulations re-
"specinc the territory or other property belong
'ing 10 the United States" This would seem to
those who have not studied the Constitution.
and possibly to some jursts also. an cxtrava-
CANT statement Prior to the adoption OF the
Constitution there had been acquired and at
the time Of rs adoption was held. by the confed
Grated States the vast Northwest Territory, for
which especial provision had been made by the
ordinance Of the Confederate Congress July 10,
1871 That ordinance was adopted before the
Constitution was framed, two months and four
days before 1t was signed in convention, two
months and fifteen days before II was by Con
gress submitted 10 the States, and almost
wear before It had been ratified by the ninth
State necessary TO It's adoption. The Constltu-
ton does not rcafiirm nor continue In force this
ordinance. and its sole reference 10 the entire
territory Northwest or any other. present or 10
come. is the provision that Congress shall make
what regulation IT peascs about such property
Of the United States"
The phrase United States is used throughout
the Constitution with reference 10 the States
only. 1t was ordained. as 1t declared, by "the
people Of the United States" and not Of Terri
tories, nor is this an empty distinction. The in
habitants of the Territories had no part in franz
Ing or adopting 1t; they were at the time gov
erned by the ordinance which provided that
they should "be subject TO pay their part OF the
Federal debt. contracted to be contracted,
"and their proportionate share Of the expenses
"of government" but should have no voice or
part in the making OF laws. The Constitution
itself gives to inhabitants OF the Territory no
right OF representation. 1t provides that Repre-
sentatIves and Senators shall be chosen by and
be residents of the States, that the President
and Vice President shall be also. that the cit
.zcps OF each State shall be entitled to all priv
"leges and immunitcs OF citizens OF the sew
"prai States" but extends no such provision to
citizens or inhabitants OF the Territories. 1t
p-oyidcs that the judicial power shall extend 20
various questions arising as described. not one
of which can relate to an inhabtant Of the Ser
ritory. II not citizen OF any State, and further
proyides that duties and excuses shall be uni
form through the Omitted States" exactly the
same language being used which describes the
mower. that OF the people Of the United States.
bv whom the Constitution was adopted. In
terms no such provision extends TO the Terri
tory.
Nor is there any reason in the superstition that
II does so extend For while Article ", Section
3. provides that State may be admitted by the
Congress into this Union" K thereafter in
trusts without Limitation to Congress the power