The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-11
BY THE RIGHT OF ACQUISITION.

Although this government is only a little
over a hundred years of age, it has fur
nished itself numerous presidents, many of
which seem to be forgotten. For instance,
the matter Of the treatment of the territory
acquired by purchase or conquest seems to
be regarded by many as an entirely new
proposition when it is not. The action of
Congress regarding the Louisiana purchase,
the Northwestern Territories and Alaska
would seem to furnish abundant precedents
to guide Congress in dealing with our &C
QUESTIONS from Spain.
The whole ground seems to have been gone
over when the treaty with France in connec-
ton with the purchase of the Louisiana Ter
ritory was discussed in the Senate. One of
:ts provisions demanded from ships of
France and Spain entering the port of New
Orleans the same duty exacted from ships
of the United States for a period of twelve
years, while French and Spanish ships en-
tering any port of the United States were
required to pay 80 cents ton. The FEEDER
alists in the Senate held that this conces-
sion was in violation of the Constitution,
which declares in effect that no preference
shall be given to the ports in one State over
those of another To this the Republicans,
or the party of Jefferson in the Senate, re-
piled that the prohibition in regard to a
preference to ports in the States does not
apply to Territories. Louisiana, they held,
was in the condition of colony whose COM
merce may be regulated without reference
to provisions in the Constitution regarding
States. In other words, the Constitution of
the United States does not apply to Terri
tories
The territorial governments established by
the Continental Congress in the ordinances
of 1884 and 1857, and sanctioned by the First
Congress under the Constitution are based
upon the broad principle that there was one
kind of government for the States and an
other for the Territories. This plan, at the
outset, did not contain suggestion of self
government until there were 5000 free white
males living in a Territory. During the pc
riod that the Territory had less than 5000
free white males, all the officers were APP
pointed by the President and the laws by
which they were governed were such as
these officers, appointed by the President,
selected from the statutes of the thirteen
States. Until there were 5000 free white
males in a Territory, not a territorial Of
ficer was voted for. That was the first
grade of territorial government. When the
Territory contained 5000 free white males.
those of them who owned fifty acres of land
might take part in the election of the popu-
lar branch of the local Legislature but no
man could be elected who did not possess a
branch of the local Legislature of the Terri
tory consisting of five members, was selected
by the President from ten men nominated by
the popular branch, but these ten men must
have freeholds of five hundred acres This
territorial legislature elected delegate to
Congress, who could speak but not vote.
The Territory of Indiana went through
both these stages of government imposed
by Congress. 1t was not until 1872 after the
people of the Territory of Indiana had pc
titioned Congress many times, that the ter
ritorial delegate to Congress and the legis-
lative council, corresponding with the state
Senate, became elective, the legal voters be-
ing every free white male of age who had
resided one year in the Territory and had
paid a tax.
When this subject was discussed in Con-
gress and the waning Federalist party OBJ
jected on the ground of unconstitutionality,
the Republicans replied that Congress had
power under the Constitution 'to make all
needful rules and regulations respecting the
territory or other property belonging to the
United States" Louisiana, Indiana and
other Territories, these men said, are not to
be governed by any grant expressed in the
Constitution, but by right of acquisition.
Daniel Webster, who had the reputation
of knowing something of the Constitution,
declared that it was utterly impossible to
extend the Constitution of the United States
to the Territories. The Constitution, he de-
clared, extended over the United States and
nothing else. 1t cannot be extended over
anything save the old States and the new
States that may come in hereafter That
principle was laid down by the trainers of
the Constitution. Until Congress judged
that the inhabitants of a Territory were
qualified for statehood the Territory has
been governed by the United States through
Congress and the President. The Territories
were or are the property-the dependencies
of the United States, acquired by treaty
with or without Congress has kept
New Mexico Territory since 1t became ours
after the Mexican war It's people clamor
for statehood, but Congress fears that they
are not qualified for sovereignty. Thus the
precedent is established for the government
of the territory acquired from Spain oy
treaty. 1t can be governed by whomsoever
Congress shall decree, army officers or civil
ians. The revenue laws can be made with
out regard to those which apply to the
States.