already fine system of boulevards, plans are being made to place the city in the same class as the finest European capitals. ORGANIZED TERRITORIES 272. The Relation of an Organized Territory to the National Government. In one sense, every organized territory is entirely under the control of Congress, for that body decides the extent of its boundaries, the form of its government, the part which the people may take in that government, and has a veto on all laws passed by the territorial legislature. In other words, the territory depends upon Congress for its very existence, and derives its fundamental law from Congress. But, by custom, a territory has always been treated as a rudimentary State, subject to national supervision, although given the right to direct its own affairs as far as possible, in order that when it becomes a member of the Union, the habit of self-government shall have become fixed. Degree of national control. The territories do not have representatives in Congress, Territorial but each has been allowed to elect a delegate who has a delegates. seat in the House of Representatives, and who may speak upon all matters affecting his territory, although he may not vote. Willoughby, 273. The Government of an Organized Territory. Organ- The ized territories have always been governed in much the same legislature. way. The legislatures are bodies of two houses, chosen by the voters upon whom the privilege has been conferred by Territories territorial law. Sessions of sixty days are held biennially, and Depend. and laws are made on all subjects not forbidden by Congress, but when a law has been passed, it may be vetoed by the governor or rejected by Congress. encies, The principal executive officials are the governor and the Governor secretary, each of whom is selected by the President with and the consent of the Senate for a term of four years. The governor is both the chief representative of the United secretary. Territories Willoughby, States in the territory, and the chief executive of national and territorial law. In addition to the usual message to the legislature, he makes a yearly report to the President, selects many of the minor officials, exercises the right to pardon offenders, commands the militia, and has the right to veto bills. The secretary is the principal clerical officer of the territory. Territorial courts. Two methods of admission. Cooley, Constitutional Law, 175-183. Danger and The highest territorial court consists of three judges appointed by the President and Senate. All cases arising under territorial law, and many under the Constitution and statutes of the United States, are decided finally by these courts. All local executive and judicial officials are chosen by the legal voters of the territory. 274. The Admission of New States. —No organized territory believes its territorial government to be other than provisional, considering it the chrysalis form of its existence. Its dream is to enjoy full Statehood, and it uses every possible means to obtain from Congress the right to join the sisterhood of States. Sometimes it calls a constitutional convention that frames a constitution, which, after ratification by the voters, is sent to Congress for its approval. In this the State usually renounces all claim to the title of the public lands, and agrees that certain articles, as, e.g., those relating to public education and religious liberty, shall be revocable only with the consent of both the United States and the State. If no constitution has been adopted, Congress passes an enabling act, which authorizes the framing of a constitution. After this has been accepted by the people and Congress, the territory is admitted as a State.1 In a federal system of government in which each State is entitled to the same rights and privileges as each of the other States, the principles governing the admission of new 1 According to the Constitution of the United States, "No new State shall be formed or erected within the jurisdiction of any other State, nor [may] any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress." No circumstances can States is of the first importance. THE PUBLIC LANDS As 275. Disposal of the Public Lands. When the United Title to pub States came into possession of the territories mentioned in lic lands. § 266, it acquired not only the right to govern these regions, but the title to unoccupied lands within their borders. we just noticed, the title to these public lands did not pass to the States upon their admission to the Union, but remained with the national government. provements This public domain was intended at first to be a profitable Grants for investment,1 but has been used much more for the purpose public imof developing the newer sections of the country. After and schools. completing the surveys described in § 279, the lands have been granted to States and to individuals, or sold at a nominal Hart, Actual figure. An area greater than that of the thirteen original Gov't, § 226. States has been transferred to railways or to States for internal improvements. Two sections of public school lands in each township have been given to the various States 1 In one year (1836) the income from public lands exceeded that from customs duties, but the total revenue received by the national government has been less than the total cost of administration. Importance of our land policy in the past. Bullock, (ed.), Read Finance, 64-72. upon their admission to the Union,' and, during the sixties, general grants of the lands were made for the aid of state agricultural schools. Parts of sections have also been assigned to soldiers and sailors for military service, and large quantities have been sold at $1.25 or $2.50 an acre. Nothing has affected more vitally the political as well as the economic development of the United States, and the social life of the people, than the public lands. During the closing years of the Revolution the public lands in the West produced the chief bond of union among the States (§ 181). In the West the possibility of acquiring title to ings in Pub. public lands was the principal influence in the rapid development of the section east of the Mississippi between 1815 and 1860, and west of the Mississippi after the Civil War. Our public land policy has helped to keep us a nation of small farmers; it has developed a real democracy, not simply political, but social and economic. It has helped us to absorb as true American citizens a multitude of foreigners who have come to us. But in many ways our laws have been so liberal as to be unwise. The national government has given away land that it should have kept. More than this, its leniency has permitted persons to stretch even those liberal laws and defraud the people of lands that the future will show should have been retained by the Nation. The Homestead Act. Coman, Indus. Hist. of U. S., 279-282. 276. Agricultural and Grazing Lands. Most of the West was settled under one of two laws - (1) the preëmption law which was in force until 1891 and permitted any citizen who was a head of a family to require 160 acres by living on it six months and paying $200, or (2) by the Homestead Act, first passed in 1862 and modified somewhat later. This law permits any citizen or person who intends to become a citizen to acquire title of a quarter section, 160 acres, of ordinary agricultural lands by living on it and cultivating it for a period of five years. Veterans are allowed to deduct 1 Before 1848 one section only. |