Evening star., 1901-08-15
FORMS OF TERRITORY.

Eleven Kinds Found to Exist Under
the United States Government.
From Modern Culture.
We are in a state Of nature, sir" said
Patrick Henry. at the beginning Of the
first Continental Congress, 'aI America Is
thrown into one mass" Like many of the
declarations Of that famous orator, and
imperfect reasoner, this assertion has more
sound than solidity; for the colonists were
then, and for some years remained. divided
from top to bottom on the question Of the
revolution. Nevertheless the idea that
there is only one sort Of territorial system
within the dominion of the United States
of America Is still deeply rooted; It appears
constantly in letters and political writings,
and apparently finds favor from an impos-
ing minority of the Supreme Court 1t is.
of course, a fair contention that the well
fare of mankind requires the United States
to observe simple and single territorial
system. It would simplify our government
and save a lot OF printers ink, If we could
settle down to the fundamental idea that
the Constitution and the Union knows only
states and inchoate states, that 1t has
within 1t no expectation Of and no provision
for other communities, which are never TO
become an integral part of the union OF
states; that the Constitution knows no such
thing as colonies or dependencies or en-
pire
nrehensiye state Of things. the Constitution
adopted In 1871 distinctly contemplated at
least five kinds Of territory within the ma
tional boundaries: states. territories, the
District of Columbia; forts. light houses
and public buildings: Indian reservations
In practice. seven other kinds OF Jurisddc-
ton have arisen under the Constitution; as
inciosed bays and parts OF the great IaKes'
the decks Of public and private American
ships on the high seas: the decks OF pupilc
vessels in foreign ports; the residences OF
ambassadors In foreign countries: guano
10 q treaty of peace; and territory acquired
Jby purchase, or conquest, but not yet or
ganized by act Of Congress. Perhaps IT
may be worth while briefly to consider
ritory, to see what light experiences throws
ON the present controversy over Porto Rico
and the Philippine Islands.
These two important Questions .,l,ae nave
of the Supreme Court, which, with varie.
ty of dissenting opinions. were handed
down May q, 1901. The two decisions
% Thsy simply set forth % that when terri
tory Is annexed. 1t ceases to be foreign
country. and Is therefore not subject to
duties laid on importations from foreign
countries. but CO that In the provisions OF
Congress- TO determine what duties shall
be laid on trade to such a territory from
foreign countries. and to and from the
United States.
II is. OF course, significant that In each
Of these decisions the judges stood dve to
four Even though none OF these cases
involve the important issue Of the coliec-
ton Of duties Ia Porto Rico on goods ex--
ported from ths United States. the general
purport of the decisions Is that It Is Tor
Congress to determine when annexed terri
tory becomes entitled to all the privileges
I'll the Constitution, and II ID for Congress-
10 determine whether the territories shall
OF shaM not have the same revenue System
a the organized states. Although Congress
sr.es to reason away the natural result OF
the decision, the principle undoubtedly In
cludes the right OF Congress to put the
iiehthousea end public buildtngs and ln-
alan reservations and organised terrtto-
ries under e special regime Of taxation.
aad to impose duties on c0mmeree from
ss,ch areas of teFrtfosy to the states. II
u.H be seen that Of all the eleyea FERNS