President
Cleveland

In addition to destroying property belonging to the railways centring in Chicago, the striking employees prevented the free movement of the trains. Mr. Altgeld, then Governor of Illinois, did not provide against these abuses, and President Cleveland vs. the Gov. ordered the United States troops under General Miles to suppress the rioting. The President, who was severely criticised by Mr. Altgeld, justified his sending the troops on the following grounds: 1. That the processes of the Federal courts could not be executed; 2, that the transportation of the United States mails was obstructed; and 3, that the laws on interstate commerce were not enforced.

ernor of

Illinois.

In re Debs, petitioner, 158 Davis, 599.

The United States Supreme Court took the same position as President Cleveland in a case which grew out of these riots. Mr. Justice Brewer in delivering the opinion of the court said: "We hold that the government of the United States is one having jurisdiction over every foot of soil within its territory and acting directly upon each citizen; that while it is a government of enumerated powers, it has within the limits of those powers all the attributes of sovereignty; that to it is committed power over interstate commerce and the transmission of the mails, and that these powers have been assumed and put into practical exercise by the legislation of Congress

CHAPTER XXVIII

TERRITORIES AND PUBLIC LANDS

west Terri

WHEN the Constitution was adopted, the National government possessed a vast tract of land lying north of the Ohio River and extending to the Great Lakes and The North the Mississippi River. This region had been owned by tory. several of the original States (viz., Massachusetts, Connecticut, New York, and Virginia); but their claims were conflicting and each finally agreed to cede its portion to the general government. This occurred during the period of the Confederacy. Although entirely without legal authority to do so under the Articles of Confederation, Congress established a Territorial government for the "Territory of the United States lying north and west of the Ohio River," by the enactment of the Ordinance of 1787. The first Congress under the Constitution re-enacted this Ordinance, and thus entered at once upon the government that it has since maintained over the Territories of the United States. Congress exercises this power by virtue of the authority expressly delegated to it in the following clause.

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.

The Territorial form of government is more simple than State government chiefly because of the sparseness of settlement. The executive is a governor appointed

The power
Territories.

to govern

Article IV, clause 2.

section 3,

form of government.

for four years by the President and Senate. The administrative officers-secretary, treasurer, auditor, attorney-general, and superintendent of instruction—are likewise appointed. The judiciary consists of judges Territorial appointed in the same manner. The Territorial legislature has two houses, the Council and the House of Representatives, the members of which are elected, from districts, by popular vote. The legislature resembles a State legislature in its control of Territorial affairs; but its laws may be modified or entirely annulled by Congress. In this way Congress maintains its complete authority over the internal policy of the Territory. The people have no voice in National affairs, but they elect a delegate to Congress, who may debate but not vote.

Unorgan

ized Territories.

Alaska.

Indian Territory.

This account describes the government of an organized Territory; these are, at the present time, Oklahoma, New Mexico, Arizona, Hawaii, and Porto Rico. There is a lower form of government, through which many Territories have passed before they were fully organized. In these cases there is no legislature, but the governor, assisted by the judges or a council, has legislative powers. Such Territories are called "unorganized," and are now two in number, Alaska, and Indian Territory.

The executive officers of Alaska are the Governor, AttorneyGeneral, and Surveyor-General, the last acting as Secretary of the Territory. The judiciary consists of three district judges. All these officers are appointed by the President and Senate. There is no legislature. Congress enacted, in 1900, a complete code of civil laws for Alaska.

Indian Territory is the home of the "Five Civilized Tribes" of Indians. The Cherokees, Choctaws, Creeks, Chickasaws, and Seminoles formerly lived in the States east of the Mississippi River and were removed to this Territory in the years between 1830 and 1840. Oklahoma was included in the Indian Territory until 1890, when it was given a separate Territorial government. There has never been a single, uniform government for Indian Territory. Previous to the year 1898, it was the theory that each of the five tribes was an independent "nation," owning and governing its own share of the Territory independently of the United States govern

ment, except for treaty relations. Each had an organized government, republican in form under a written constitution. The legislatures, courts, and civil processes resembled very closely those of the State governments. Citizenship in each Indian "nation was determined by its own laws. Still, the theory of Indian sovereignty within the limits of the United States did not correspond with the facts; for the treaties admitted the supremacy of the United States government and provided for the interference of its officers in the affairs of the Indian "nations."

In accordance with these treaties, no white man might reside within the limits of the Territory without the consent of the Indians. But whites acquired citizenship there by marriage, and they, together with citizens of mixed blood, became the owners of much land. Still other whites obtained, either by fraud or by lease from the Indians, farm lands and building sites for numerous flourishing towns and cities. The whites had no legal right to participate in the Indian governments; yet they acquired a dominating influence in them, chiefly by corrupt methods. The white population increased until they were four or five times as many in numbers as the Indians. This unfortunate condition of affairs became intolerable and Congress finally assumed control, altering entirely the basis of government in Indian Territory. Since 1898, Congress has prescribed the general code of laws for the Territory and has established within its limits several United States courts. The Indian governments will continue for a few years only, their legislation being subject to approval by the President.

In our most recently acquired possessions, Porto Rico and the Philippines, the processes by which our government has been established are interesting. The war with Spain which began April 21 and ended August 12, 1898, was followed by a treaty which transferred the ownership of these islands absolutely to the United States. The treaty was signed by the commissioners at Paris, December 10, 1898, ratified by the United States Senate, on February 6, and finally declared to be in effect April 11, 1899. After the defeat of the Spanish forces, and during the progress of these negotiations, the authority of government in these islands was vested in the President of the United States, by virtue of his position as Commander-in-chief of the Nation's military and naval forces. A military form of government was thus established until Congress should by law erect a civil government.

The President appointed General Otis military governor of the

The Philip pines.

Amendment to Army Bill" of 1901.

The Sulu
Islands.

Porto Rico.

Philippines and named a special commission of five members to
investigate the condition of affairs in those islands. In the early
months of 1900, a new Philippine commission of five members was
appointed, headed by Judge William H. Taft. They proceeded to
the Philippines for the purpose of establishing the civil government
of the islands when that should be authorized. In April, General
McArthur became military governor. Later, an amnesty procla-
mation was issued in favor of all those, hitherto in insurrection
against the United States, who would abandon such action. Under
authority of the commission, municipal governments were erected
in many cities of the Philippines, and provincial governments in
several provinces. The Fifty-sixth Congress did not create a per-
manent civil government for these islands, but provided instead (in
March, 1901) that all powers" for the establishment of civil gov-
ernment and for maintaining and protecting the inhabitants of said
islands in the free enjoyment of their liberties, property, and re-
ligion," should be vested in such persons and exercised in such
manner as the President should direct. Reports of this temporary
government are to be made to Congress, which thus keeps it within
control.

The Sulu Islands were never under actual Spanish rule, so a sepa-
rate treaty was made between their Sultan and the United States,
in August, 1899. The sovereignty of the latter government was ac-
knowledged and its protection against outside powers was extended
over the islands. The former native government was retained, its
officers receiving salaries from our government. The United
States may occupy and control such points in the islands as its
interests seem to demand. The native institutions of slavery and
polygamy were not interfered with, though any slave may purchase
his freedom.

For the island of Guam a regular government was established, under direct control of the naval authorities of the United States.

In Porto Rico, General Henry was appointed governor-general; he was soon succeeded by General Davis. A commission was appointed to examine affairs in the island and report recommendations for its government. Congress passed (April, 1900) a bill establishing for the Territory of Porto Rico a civil government very similar to that already described as common in the organized Territories. There is a governor appointed by the President of the United States; also a secretary, attorney-general, treasurer, auditor, commissioner of the interior, and commissioner of education.