The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-18
TERRITORIAL GOVERNMENTS AND
IMPERIALISM.

States and Porto Rico, II approves the
Porto Rican government bill enacted by
Congress. Quoting the Journals sum-
on just lines. and in conformity with the
principles Of republican government" the
Sentinel says:
What principle of republican government
Is there In the appointment of Gov
ernor and one House of Legislature by
the President? Here is not only an abb
solute check on all legislation put in the
hands of an appointive body, but absolute
control OF the executive department added
TO absolute check on legislation put in the
hands of seven foreigners, appointed by
the President of the United States. No
king ever held greater power over colony
than the President has under this law.
If the new Porto Rican government bill
represents Imperialism then so does every
territorial government created by Congress
from the formation of the government to
the present time. 1t is formed on the same
general lines as was the ordinance of 1857,
which established the first civil government
in the great Northwest territory, including
the present State of Indiana, and in some
respects is more liberal than that cele-
brated act. Under the ordinance of 1887 the
Governor. secretary and legislative coun-
Gil OF the new territory were appointed by
Congress. while under the Porto Rican act
they are appointed by the President subject
10 confirmation by the Senate. The people
of Porto Rico may elect a local legislature
Immediately. 1t was some years before the
people of Indiana could do so. The people
OF the Territory of Indiana were not au-
thorized by the ordinance of 1877, nor by
any act of Congress to choose officers of
the territorial militia. nor to elect judges of
any of the inferior courts of the territory.
nor clerks of the courts, nor justices of the
peace, nor sheriffs, nor coroners nor
county treasurers nor county surveyors.
The power of choosing all these officers
was vested In the Governor of the territory.
and he was appointed by Congress The
people of Porto Rico are given a much
larger measure Of local government than
this. For five years after the Territory of
Indiana was created the only laws the peo-
pie had were those made by the Governor
and judges of the territory. These were
five years of what would now be called
unadulterated imperialism. The people of
Porto Rico will fare much better in this re-
gard. In 1906 the members of the first Iegis-
lative council of the Territory of Indiana,
in their reply TO the first message of Cover
nor Harrison, said:
Although We are not as completely in
dependent in our legislative capacity as we
would wish to be, yet we are sensible that
we must wait with patience for that period
of time when our population will burst the
trammels of territorial government, and
We shall assume the character more con-
sonant to republicanism. The con-
hdence which our fellow-citizens have uni
formly had in your administration has been
such that they have hitherto had no rea-
son to be jealous of the unlimited power
which you possess over our legislative pro-
ceedings. We. however, cannot help re-
GREETING that such powers have been lodged
in the hands of any one-especially when 1t
is recollected to what dangerous lengths
the exercise of these powers may be ex-
tended.
1t will be observed the council protested
against "the unlimited power of the
Governor over legislation and limited that
they regarded it Imperialism. Yet that
was under the ordinance of 1857, and Thorn
Jefferson was President The ordinance
prescribed a property qualification for
voters. and in 1908 Congress further re-
stricted il as follows:
Every free white male person In the In
diana territory. above the age of twenty
one years, having been a citizen of the
United States and resident in said territory
one year next preceding an election of rep
resentatives, and who has legal or equit-
able right to a tract of land of the quantity
of fifty acres or who may become the pur-
chaser from the United States of a tract
of land of the quantity of fifty acres or
who holds, in his own right, a town lot of
the value of one hundred dollars, shall be
entitled to vote for representatives to the
General Assembly of the said territory.
The qualifications of voters are not yet
fixed under the Porto Rican act. but it is
safe to say they will not include any such
property qualifications the foregoing.
1t was during Jefferson's administration.
also. that the territorial government of
Louisiana, acquired by him. was organized.
An act of Congress of Oct. 81. 1903. entitled,
"An act to enable the President of the
United States to take possession of the
territories ceded by France to the United
States. by the treaty concluded at Paris on
the 3Oth of April last: and for the tenn
porary government thereof" authorized
the President to take possession of and
occupy said territory. and provided that
until the expiration of the present session
of Congress. unless provision for the tenn
porary government of said territories be
sooner made by Congress, all the military,
civil and judicial powers exercised by the
officers of the existing governments of the
same shall be vested in such person and
persons, and shall be exercised in such
manner as the President of the United
States shall direct" This gave the Presi-
dent war powers in time of peace. The first
law creating civil government in Louisiana,
passed March 26. 1904. provided that 1.-The
legislative powers shall be vested in the
Governor, and in thirteen of the most fit
and discreet persons of the territory. TO be
called the legislative council. who shall
be appointed annually by the President of
the United States" The act made no pro-
vision for popular or elective branch of
the Legislature. the Governor and legisla-
tive council appointed by the President
having sole legislative power.
The cases above cited illustrate the deal
ing NJ Congress with territories originally