The United States may extend its bounda ries by conquest or treaty, and demand ces sion of territory as a condition of peace, the indemnification of its citizens or the reim bursement of the government for the expenses of a ear ; Fleming v. Page, 9 How. (U. S.) 603, 13 L. Ed. 276.
Where congress authorized the acquisition of territory in a specific manner, and it was otherwise acquired, the subsequent action of congress in enacting laws for the territory amounts to a full ratification of the action of the executive in regard thereto. The con current action of congress and the executive is conclusive upon the courts; Wilson v. Shaw, 204 U. S. 24, 27 Sup. Ct. 233, 51 L. Ed. 351, where it was also said that it is now too late to question the right of acquiring ter ritory by treaty.
"The United States has the powers of other sovereign nations" to "acquire territory in the exercise of the treaty-making power, by direct cession as the result of war and in making effectual the terms of peace," and until con gress shall see fit to incorporate such terri tory into the United States, it is to be gov erned under the law-making power of con gress, subject to such constitutional restric tions as are applicable to the situation ; Dorr v. U. S., 195 U. S. 138, 24 Sup. Ct. 808, 49 L. Ed. 128, 1 Ann. Casa 697, where it was held that congress was not required to enact for the Philippines a system of laws includ ing the right of trial by jury ; in Hawaii v. Mankichi, 190 U. S. 197, 23 Sup. Ct. 787, 47 L. Ed. 1016, it was held that the mere annex ation of Hawaii did not render applicable the provisions of the constitution as to grand and petty juries.
Where the United States acquires terri tory, the laws of the country transferred, un less inconsistent with provisions of the con stitution and laws applicable thereto, con tinue in force until abrogated or changed by the authority of the United States; Ortega v. Lara, 202 U. S. 339, 26 Sup. Ct. 707, 50 L. Ed. 1055.
Congress may delegate legislative author ity to such of the agencies as it may select; Dorr v. U. S., 195 U. S. 138, 24 Sup. Ct. 808, 49 L. Ed. 128, 1 Ann. Cas. 697.
"The territories of the United States are entirely subject to the legislative authority of congress. They are not organized under the constitution, subject to its complex distribution of 'the powers of government as the organic law, but are the creation, exclu sively, of the legislative department, and subject to its supervision and control.
• . . It [congress] may legislate in Etc cordance with the special needs of each lo cality, and vary its regulations to meet the and circumstances of the people. . . . In a territory all the functions of government are within the legislative juris diction of congress, and may be exercised through a local government or directly ;" End lemon v. U. S., 86 Fed. 456, 30 C. C. A. 186, citing Cross v. Harrison, 16 How. (U. S.) 164, 14 L. Ed. 889; Shively v. Bowlby, 152 U. S. 1, 14 Sup. Ct. 548, 38 L. Ed. 331.
When New Mexico was conquered by the United States it was only the allegiance of the people that was changed, their relation to each other and their property rights remained unchanged. The executive of the United States properly established a provincial gov ernment which ordained laws and instituted a judicial system, which continued in force until modified by the direct action of con gress or by the territorial 'government estab lished by- it; Leitensdorfer v. Webb, 20 How. (U. S.) 176, 15 L. Ed. 891.
The treaty with Russia concerning Alaska, instead of exhibiting, as did the treaty with Spain concerning the Philippine Islands, a de termination to reserve the question of the status of the acquired territory for action by congress, manifested a contrary intention to admit the inhabitants of the ceded territory to the enjoyment of citizenship and express ed the purpose to incorporate the territory into the United States. The constitution is applicable to that territory and• under the fifth and sixth amendments, congress cannot deprive one there accused of a misdemeanor of trial by a common law jury; Rassmussen v. U. S., 197 U. S. 516, 25 Sup. Ct. 514, 49 L. Ed. 862.
The court will take judicial notice as to whether or not a given' territory is within the boundaries of the United States, and this is a political question ; Pearcy v. Stranahan, 205 U. S. 257, 27 Sup. Ct. 545, 51 L. Ed. 793, hold ing that the Isle of Pines is de facto under the jurisdiction of Cuba.
See STATE; UNITED STATES OF AMERICA; SOVEREIGNTY; Snow, Administration of De pendencies.