New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-19

be contiguous or remote: whether our tenure
give cy se or e we keeR or
problems Entrusted without appeal TO the discretion
iOi L. s.. 1889 '''"' 49, waltz '-''
CONSTITUTION NOT INVOLVED
The same is emphatically true OF the government
OF new territory. II belongs as the Supreme Court
has ruled, primarily to Congress. and secondarily
to such agencies Congress may establish" ds
Wall. 310: Territories are not organized under
the Constitution. but are creations exclusive
ly OF the legislative department and subject its
supervision and control q How, 2i2); Congress
has full and complete legislative authority over
ments OF the Territorial Governments" uOl T. 8.
IN Dreaming territorial governments AL the
vested in Congress" dl4 U. s.. 80 also. "In Terri
ssaye ee 0' q are wen Fed
45S and finally. all territorial powers "are created
to ans au a m aS subject
Hence again whether our new territory be or
Constitution and Federal statutes be made opera
tive or rules and regulations be enacted-these
ana al other problems OF government are political
~. Concrete Application of Rights-Extent and
Means Of Exercise-Our abstract rights and their
will next consider their concrete application. and
the extent TO which and the means by which they
The power to dispose Of territory, under Art
". Sec. of the Constitution is not alternative 10
the power to rule and regulate Both powers are
granted and are unlimited q Wheat SSS' pb TGn
pines as unreseryedly as it can dispose OF personal
property the prizes for example captuPsd IN the
to the inhabitants thereof. gift or on such
tenants, as China is leasing its ports to European
Powers may sell them to o any sasr 10 ms
The right to acquire territory being primary
attribute OF sovereignty, and being therefore gen
to govern Sq Sng c c% lar q the right
fOCws that such right saSs as oi y and
completely as similar right could oelong 10 any
Enrisnd can hold and hence govern colonies, so can
If RUSSO has the right 10 exercise soyers,gnty
Sovereignty to rule the Philippines, o,,,g,or tb,s
atbue az soTeregny might have exercised
by the Executive by Congress or BY both, Bus me
sole agent Of sovereignty TO make all needful rules
md regulations respecting the teTrory OF ns
Of tie supreme Court are uniform that these words
tories In the manner and by the means It chooses
ranging from joint sge6 tsry Te
government such we maintain In Arizona
SAMOA AND GUANO ISLANDS
| In 1872 Pango- Pango Harbor by a treaty Of ces-
sion, was given up TO the American Government
but until recently we had not even established our
sovereignty over the harbor. merely exercising n
protectorate over Samoa. Jointly with England and
Germany Wharf Dig 4SS9 The Guan9 act c Ge
that any s to the
United States od and Fey NOT 3G merely
| mental authority Navassa. Roncados, How
5ns M s a g F SsIef R S5ntl Ba r 5
PROVISIONAL GOVERNMENTS.
The President now maintains provisional military
governments in Cuba, Porto Rico and the Philip
pines-provisona upon the ratification OF the treaty
| and upon the subsequent action OF Congress. Upon
! ratification, and until Congress makes rules and
! regulations" the President may continue these
! governments Many presidents are furnished by
our history-during and after the Mexican Wall In
| in Florida Alabama ard Arkansas from 1865 10
1868 in Mississippi Georgia from 1866 to 1862 and
IN The Presld lent may also in his discretion abolish
military rule and establish provisional civil govern
Tnes dnS Such was the rst and
Ga pof 10 fE @ ow
| Ing It the Supreme Court said The civil government
Of beigerent right over conquered territory.
did not cease as mater OF course rs Sa as
The President might have dissolved it by withdraw,
IT, but he did not do So Congress could have put
an end to 1t. but that was not done The right
meant TO be Continued until It had been leelsatvey
changed must S be p0Gv t Of the re Cove
ay %4a S0n This pT % cS
continued after the treaty Of peace until California
| powers sustained by the supreme court 10
Of ioM the President under his war power maintain
the eeded srtGy such 20 HdW OF S v and tSe
precedents furnish him ample political and judicial
| support
| COLONIES DEFINED
| Congress- however. whenever It determines to ex-
ercise its prerogatives, govern the new acquisi
+ions as organized" or "unorganZed" territories,
directly or indirectly. temporarily or permanently
! .Dependencies'' or provinces" defined by our
! courts are territories already partially or wholly
settled distinct from the sovereign State but De-
longing 10 It and subject to the laws and res ssI
Colonies are territories settled by ctizens OF Se
sovereign or parent state M@sh bo have left their
country to people another and remain s3oJe So 20
the mother 5 cPbni s0 already densey populated
and aording no 9Ppo nr degcsons be strictly des-
! ignated Colonies"
TERRITORIES DEFINED.
"orean,zed territories" portions Of the public
domain over which Congress has extended our Con-
stituton and Laws and has established system %
organized local government. such as Arizona Ne"-
Mexico and Oklahoma Fev. stat secs lSo'-'o,,
| .1rnorganized territories possess no organized
! 10, government are usually not subject 10 our
CONSTITUTION and laws, and are ruled directly py
Congress Such are Alaska and nnoIan ei are
~ wv i,r,sprudence practically synonymous terms;
Territories in legal or provinces The
Ohrase has been incorporated IN our poltCiSd d aa
judicial history for century ahu and the Philip
Ines as territories It would be more IN hai MN I
pl,I Pile american institutions than 10 style thein
~,,n,ss HAS ABSOLUTE POWER OVER
Wv TERRITORIES.
---. bas the same power over its public do
- D. over any other property belonging to the
United states 90 Fed r. 2o5 IA Pet 81; Is Wall
o,o. ,aeIr 42). This power" said the Supreme
curt lis vested in Congress without limitation
and has been considered the foundation upon wneh
Tr~,,or,ol governments rest "a Pet bSO Inc Su-
800 Court early announced the coinprehehsINe
prncipIe that Territories are not orgaEep ditri
| subject TO Us Co4ii'A
but,on Of the powers OF government as me organic
~ hut are the creations exclusively OF the less,
INV ~ a nd subject 10 its supervision ana
nontro 20 How 242) chief Justice Wsiie sustain
ing this power OF ConstSSs rfnited states moi in