The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-05-02
IN A TERRITORY
DGSp0tic RalG Of New Land Ac-
QlirGd by Uncle Sam.
IT Is AN OLD PRACTICE
EnaCtmentS That are Beyond the
Constitution-SCop of Autho-
rlty-Are Many Precedents.
(st. Louis Globe-Democrat)

| The observation-disclosures objection
| that the country's new possession
| will have to be ruled despotically 70,
awhile is not particularly formidable
All the territory which the United
States has gained since 1889 has, at tht
outset, been controlled by mean:
which were despotic This was true
of Louisiana, Florida, the Mexican
cession California and New Mexico)
and Alaska. 1t is inevitable from the
| circumstances of the case. Military
rule must be employed in the begin
ming. A civil authority is never pro
vided for an annexed territory imme-
diately. Civil officers are appointed
| by the President as early as practical
bic after possession of the territory is
gained, but necessarily tAe officials
thus chosen are for a time dependent
on the military arm. Congress can
not at once devise a government for
new territory. Such a task requires
time. Until such a government is fur
nished the control must necessarily be
such as the Presidents appointees,
backed by the General in command,
dictate.
Louisiana was acquired under the
treaty of April 80, 1903, which was rat
flied by the Senate on October 10. The
notifications were promptly exchanged
in Washington. Bonaparte's sanction
n r1a nn1
in the hands of his diplomatic repre-
sentative in this country, and Jeffer-
son, in a special message to Congress
on October 81, asked for such tempo
of order in Louisiana as the case may
require" \ bill was rushed through
Congress against a practically sold
Federalist opposition, and signed on
October 81. 1903. which met Jefferson's
views. but which amazed some or Je[-
ferson's party in the coming years.
1T was a startling bill, said ThOm-
as III. Benton, writing long afterward,
the existing Spanish Gov
eminent. putting the President in the
place of the King of Spain, putting all
the territorial officers in the place OF
the Kings officers, and in placing the
of all these officers in the
President alone, without reference TO
the Senate. Nothing could be more
with our constitution
than such "a governments mere ema-
nation of Spanish deSpOtiSm, In which
all powers, civil and military, leglsla-
tive. executive and judicial, were in
the Intendant General, representing
the King; and where the people, Tar
from possessing political rights, were
arbitrarily for presuming
to NEEDLE with political subjects
Benton's characterization was not
The act of October 81,
1903 authorized the President, in order
to maintain the authority OF the Uni
ted States in Louisiana, to employ
any part of the army and navy OF the
United States and stipulated that ali
the military, civil and judicial powers
exercised by the officers OF the existing
of the same (Spain's gov
ernment) shall be vested in such per-
son or persons, and shall be exercised
in such a manner as the President of
the United States shall direct, for
and protecting the inhab-
itants of Louisiana in the full enjoy
ment of their liberty, property and re-
ligion."
Louisiana did not yet come into ac-
tual possession Of the United states,
but the transfer was made on Decem-
Der 20, 1903, in New Orleans, for the
lower end of the province, the change
of sovereignty occurring on March lO,
1904. in ST. Louis for Upper Louisiana
A bill, largely shaped by Senator
Brecken bridge of Kentucky, to provide
a territorial government for part OF
the province was signed by Jefferson
on March &c, 1904. This act divided
the province on the thirty-frst paral-
lei. the line which was afterward the
northerly boundary of the State OF
all south Of the line recelv-
ing the name of the Territory Of Or
leans, and that part north of the line
being called the District of Louisiana.
which included what was later the
States of Arkansas. Missouri and the
others north and west of these two.
The latter was made a dependency of
Indiana Territory, which included Hi
nois as we'll as all the rest of the re-
gion north of the Ohio river except
the State Of Ohio, which was admitted
q year earlier. The governor and the
judges of the Territory of Indiana, 1t
was provided, should have power to
make all laws deemed by them TO be
conducive to the good government of
the inhabitants of the District OF Lou
isiana For the Territory of Orleans,
the lower end of the province, the act
of March &c, 1904, provided that the
legislative powers should be vested
in the Governor and in thirteen resi-
dents of the territory, to be called the
I legislative Council, to be appointed
annually by the President of the Uni
ted States The governor, with the
consent of a majority of the Legfsla-
tive Council, was empowered to ''alter,
modify or repeal the laws which may
be in force at the commencement of
this act
That is to say. even after the act of
,x-hich sta r.tlod