CHAPTER XIII.
Government of the Territories.
There are at present four areas, situated outside of the States, and organized under territorial governments. These are Utah, Arizona, New Mexico and Oklahoma. Besides these there are the two unorganized territories, Indian Territory, and Alaska, and the District of Columbia, which last tract contains sixty-four square miles.
#Government of Territories.#—The fundamental law of a Territory is the Federal Constitution, just as in a State. Unlike the State, however, it has no constitution of its own, but is regulated entirely by Congress. In Section 3, Article IV, of the Constitution, it is declared that "Congress shall have power to dispose of and make all needful regulations respecting the territory or other property belonging to the United States." In pursuance of this clause Congress has in the four organized Territories instituted governments as follows: The executive of the Territory is a Governor appointed by the President for a four years' term. There is also a secretary and treasurer. The legislature consists of two houses, a council of 12, and a House of Representatives of 24. These are elected by the people of the Territories, and have a term of two years. The Legislature meets every other year. All its acts require approval by Congress before becoming law.
The judiciary consists of three or more judges appointed by the
President, together with a district attorney and United States marshal.
Territories send neither Senators nor Representatives to Congress, but have one delegate apiece in the United States House of Representatives, who may speak, but not vote.
#Admission of a Territory as a State.#—A Territory is an embryo State. As soon as a Territory becomes sufficiently populated it applies for admission into the Union as a State, and such admission is accomplished in the following manner. When an application by a Territory for Statehood is made, it is considered by Congress, and, if approved, the inhabitants of the Territory are authorized to form for themselves out of such Territory a State government, and thus prepare themselves for admission into the Union.
A State government is formed as follows: The Governor of the Territory issues a proclamation declaring that on a certain date there shall be an election of delegates to a convention; such convention is to be held on a certain date. These delegates are elected by a popular vote. The members of the convention thus formed declare that they, on behalf of the people of the Territory, adopt the Constitution of the United States, and then proceed to draft a State constitution and government. It is provided that this constitution shall be Republican in form, and make no distinction in civil and political rights on account of race or color, except for Indians not taxed: that it shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. Perfect religious toleration must be guaranteed, all right or title to the unappropriated public lands lying within the Territory must be disclaimed and given over to the United States. Provision must be made by the constitution for the establishment and maintenance of the system of public schools.
After adoption by the convention the constitution is offered to the people for ratification. If it is ratified, the Governor certifies the fact to the President of the United States. Provided the constitution is found to comply with all the conditions just mentioned, the President issues his proclamation declaring the ratification of the constitution, and upon the same day that the proclamation is issued the territory is deemed admitted by Congress into the Union as a State, on an equal footing with the original States, and entitled to representation in both houses of the Federal Congress. The representatives and the Governor and other State officers are elected on the same day as that upon which the constitution is ratified by the people.