The evening times., 1900-09-27
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to President Mckinley he would have re-
turned it to the House in which it orig
mated with his objection and veto, on
the ground that the Constitution was not
in force in the Northwest Territory.
that the officers whose appo:ntement was
TO be transferred to the Pres
dent were not officers and ciG-
iZens of the Northwest Territory. that
Section of Article II of the Constitu-
tion did not apply; that that Territory
was not a part OF the United States,
and that he would appoint a commissio1
to legislate for the people residing
therein. to form governments for them.
appoint their officers, and to levy and
collect taxes and disburse the same for
the best interests of the people tas he.
has recently done in reference to the
| Philippine Islands,; that the approval OF
the act would set bad preced dent and
put false construction on the Con5ti-
tuition, as Congress, in iegislatfng in Ief
erence to that Territory, was not subject
to the restrictions and limitations Of the
Constitution.
No act was ever passed by Congress to
put the Constitution in force in the North
western Territory. When provision was
made for the organization of territorial
government in the Territory it was pro-
vided that no laws should be passed which
would be in conflict with the Cnnstitu-
tion and laws of the United States.
II reference to the Louisiana Purchase
Congress assumed from the time OF its
first session that the Constitution Of the
United States was in force therein. and
all legislative acts were framed On that
theory It was expressly provided that
no acts of the legislative council Of the
Territory of Orleans. which was after
ward admitted into the Union as the State
Of Louisiana. should be valid which were
N Constitution
laws of the United States"
On March so. 1922, Congress passed 'ian
act for the establishment of territorial
government IN Florida
a complete government was provided
fer similar to that in Louisiana. AS in
the case OF Louisiana ii was expressly
provided that the legislative Powers
should extend to all rightful subjects OF
legislation; but no law shall be valid
which IS inconsistent with the Constitu-
tioa and laws OF the United States"
delegate in the Congress was to be elected
by the people. But nothing was provided
u reference to putting the Constitution
N force therein 1t was assumed that 1t
was in force by virtue OF the cession OF
the territory 10 the United States
After the treaty Of peace Win Mexico
by which California ard ether territory
vas ceded TO the United States. Congress
did not pass any law putting the Consti-
tuition in force in the newly acquired
territory But On March s. 1s49, an act
was passed 10 extend the revenue laws
OF the United States TO all the territory
ceded to the United States by Mexico:
and on September 2S. 1886. Congress
passed an act extending all the laws OF
the United States, not locally inapplica-
BE, to the State Of California
Nothing was suggested in any Of thasa
| acts in reference TO the Constitution. But
| in the act for the organization of a ter
! ritoriaI Government in New Mexico
/ passed September 9. 1850, there was q
I provision declaring that the Ccnstitu-
tion and ali laws of the United States,
not locally inapplicabIe, should have thu
! same force and effect in that Territory
! rs elsewhere within the United States.
! Similar provisions were Incorporated IN
| the acts organizing the Territories OF
| Utah. Colorado Dakota. Arizona, Idaho.
Montana. and Wyoming. SectiCn 1891 Of
the Revised Statutes psrpetuates the
substance Of the provision on this sub
iect and makes them applicable TO all
organized Territories and in every Terri
terry thereafter organized.
In all legislation by Congress in res
peet to the territory belonging to the
United States prior to 1850 it was as
sumed that the Constitution extended to
all territory which might be owned or
acquired by the United States, and no
acts were paSSeU up 10 lIat time SALSnu-
ing the Constitution over such territory.
But IN 1886 there arose a contention in
the United States in reference to the
right to hold slaves N the territories.
Those who claimed the right to hold
slaves in the territories contended that
slaves were property, and that citizen Of
the United States had right, under the
Constitution, TO take his property
tsIaves) into the territories while those
who opposed the extension CT slavery into
the territories contended that when
slave was taken into territory of the
United States he became free, for the
reason that, under the Constitution, no
person could be deprived OF life, liberty or
property without due process of law.
Both sides invoked the Constitution to
sustain their positions. Hence both par
ties insisted that the Constitution was in
force in the territories. Congress there
after inserted clause to tsat effect in
all acts organizing territorial govern
nents.
But such acts were wholly unnecessary
The Constitution was, it is declared, al
ready in force and effect in all the terri
terry Of the United States, and it became
SO in force as soon as the territory was
acquired by tthe United States. If it
were not in force Congress, it is pointed
| out had no power to put it in force. The
It has no power to make constitutions for
any people. 1t may submit propositions
for amending the Constitution to the
States for ratification, but it cannot of
| itself put the Constitution in force any
where.
During the first session OF the First
| Congress. under the Constitution, on Au-
gust 10, 1889, President Washington sent
a message to Congress calling attention to
the legislation of the Continental Con-
gress in reference to the troops still in
the service of the United States, to pro-
tect the frontiers from the depredations
Of hostile Indians. In this message he
said:
"As these objects continue to require
| the aid of troops. it is necessary that the
establishment thereof should N all re-
| spects be conformed by law to the Con-
| stitution of the United States''
President Washington recognized the
| fact that the troops IN the Northwest Ter
| ritory organized by the Continental Con-
| gress must be placed under military es-
| tablishment in conformity with the Con-
| stitution. which recognizes the President
| of the United States as the Commander
| in-Chief of the Army, whether that army
| be engaged in our own country or in the
| territories.
MAY DEFEAT PEARRE