13 the Colonial and Terri Torial Systems

government, united, territories, president, organized, porto, congress, rico and appointed

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Besides the Territories organized as above, among which the Hawaiian Islands, acquired by annexation in 1898, may be included, there were at times certain lands under the jurisdiction of 'the United States, which may be called unor ganized territories. These were Indian Terri tory and Alaska. In both of these the popula tion was largely Indian and that accounts for their different treatment. Indian Territory had a government with a legislature, but it sent no delegate to Congress like the other territories, had no organized government like theirs and in reality was only a form of local government which Congress permitted to exist for the time being and which it could abolish at pleasure without feeling that it was violating any of the rights or privileges which in the organized Territories were looked upon by the inhabitants as guaranteed to them by a compact with Con gress. Alaska did not have for a time as com plete a government as Indian Territory. By an act of 18°,4 Congress provided for a gov ernor and a District Court. Owing to the in flux of white people at the time of the dis covery of gold in the Klondike, Congress had to pass acts in 1899 and 1900 making more care ful regulations for the government. In 1912 Alaska . was organized as a Territory with a government similar to that given to the older Territories, but with more subjects referred to Congress for legislation.

The United States had to confront new prob lems in the government of colonies or Terri tories when Porto Rico and the Philippines were acquired in 1898. These islands could not be treated like the older Territories of the United States. There were those, however, who held that they were the same and that all laws passed for the United States were applicable to these outlying domains in the same way as they were to the Territories within the United States. Still others maintained that such was not the case and that laws passed for the United States did not apply to Porto Rico and the Philippines. The latter view was upheld by the Supreme Court in the Insular Cases decision in 1901. This made possible a new colonial system of government for the United States and brought about the abandonment of the principles of the Ordinance of 1787, so far as these island pos sessions were concerned. A special kind of gov ernment was accordingly worked out for Porto Rico and another one for the Philippines. Porto Rico had a governor and other administrative officials appointed by the President, a legisla ture of two houses, the upper one largely ap pointive and the lower one elective. The old court of the Spanish regime, including the mu nicipal courts, were retained but the island was organized as a new judicial district of the United States. The district judge, district at torney and marshal were appointed by the Presi dent. The qualified voters of the island every

two years chose a resident commissioner to the United States who was recognized as such by the departments at Washington. By the Act of 1917 the people of Porto Rico were made citi zens of the United States, the upper house was made entirely elective and other changes look ing to a government almost comparable to that of the States were made. The governor is still appointed by the President and Congress may annul acts_of the legislature. For the Philip pines a still more exceptional form of colonial government was established. The inhabitants were allowed to participate in the municipal government, but were not allowed to have a representative legislature. The executive power was in the hands of a commission of five mem bers appointed by the President. By subsequent acts and especially by one of 1916 more autono mous government was given. Though the gov ernor and some other officials are appointed by the President there is a legislature of two houses elected by the people and it elects two commis sioners to go to Washington. No provision has been made for the eventual admission of either Porto Rico or the Philippines to statehood.

Guam, Tutuila (Samoa) and the Panama Canal Zone are under military governors ap pointed by the President. The Danish West Indies just acquired are under a temporary gov ernment by the boards with governors ap pointed by the President.

With the addition of these outlying depend encies to the jurisdiction of the United States the high ideal of colonial and territorial govern ment set by the Ordinance of 1787 has eventu ally been followed. The United States has found that it has had to handle for a time these out lying domains in much the same way as Eng land, France and Germany handle their colo nies and with little regard to those principles which were so vigorously upheld in the Declara tion of Independence. Gradually, however, it puts into operation the principles for which it has always stood. In addition to the Territories, organized and unorganized, and to the depend encies, the United States now provides for the government of the District of Columbia, na tional forts and sites and Indian reservations. The regulations for these, however, scarcely form a part of the colonial or territorial sys tem of government. The same is true of the virtual protectorates which the United States exercises over Cuba and Panama.

Bibliography.—Channing, Hart and Turner, 'Guide to the Study of American History' ; Griffin, 'List of Books on Colonization' ; Bryce, 'American Commonwealth' ; Hart, 'Actual Government' ; Reinsch, 'Colonial Government' ; Willoughby, 'Territories and Dependencies)

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