Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
territories such provisions of the Constitution as were applicable, thus
putting the inhabitants upon the same footing as those of the states so
far as the enjoyment of _civil_ rights are concerned, but not as to
_political_ rights. So far as the insular territories are concerned, it
has also extended most of the provisions relating to civil rights,
though in the case of the Philippines a few safeguards such as the right
of indictment by grand jury, trial by jury, and the right to bear arms
have been withheld.
=The Origin of the Territorial System.=--Before the Constitution was
adopted, Congress had acquired by cession from certain of the original
states a vast domain of territory north of the Ohio River, and later it
acquired a considerable domain lying south of the Ohio (p. 159). One of
the conditions upon which the territory north of the Ohio was ceded, was
that Congress should form the territory into distinct republican states
which should be admitted to the Union on an equal footing with the old
states. It was felt, however, that the territory in question should be
put through a sort of preparatory stage before being erected into
states; that is, it should be held in a state of dependency until the
population was sufficiently numerous to maintain a state government and
the inhabitants had acquired sufficient political capacity to manage
their own public affairs.
_The Northwest Territory._--By the famous Ordinance of 1787, as
reënacted and slightly modified two years later (after the adoption of
the Federal Constitution), Congress provided a scheme of government for
the northwest territory which was in force for many years. The Ordinance
provided for two grades of government: one for the territory before its
population should amount to 5,000 inhabitants; the other for the
territory thereafter. The principal difference was that in the former
case the territory was to have no local legislature of its own, while in
the latter it was to have a legislative assembly. The scheme of
government provided in the beginning consisted of a governor, a
secretary, and three judges, appointed by the President. Although no
legislature was provided, the governor, secretary, and judges were
empowered, not to make new laws, but to select such laws from the
statutes of the old states as were suitable.
When the population had reached 5,000 inhabitants, the territory was
given the second grade form of government, that is, it was allowed a
local legislature, the lower house of which was elected by the
inhabitants on the basis of a restricted suffrage, the upper house or
council to be appointed by the President from a list nominated by the
lower house. The territory was now allowed to send a delegate to
Congress with a right to a seat in that body, but no right to vote.
Public-domain text, read in full here on John Shaqi.
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