In creating a territorial jurisdiction, Congress exercises, but does not part with its powers. The power to govern Territories is not conditioned. Such Territories
are but political subdivisions of the outlying dominion of the United States. Their relation to the general government is much the same as that which counties bear to the respective States, and Congress may legislate for them as a State does for its municipal organizations. The organic law (“enabling act”) for a Territory takes the place of a constitution as the fundamental law of the local government. It is obligatory on, and binds the territorial authorities; but Congress is supreme, and for the purposes of this department of its governmental authority, has all the powers of the people of the United States, except such as have been expressly, or by implication reserved in the prohibitions of the Constitution.[344]
132. Congress has full and complete legislative authority over the people of the Territories, and all departments of the territorial government. It may do for the Territories what the people under the Constitution of the United States may do for the States. That the Supreme Court in 1901 gave a new meaning to the jurisdiction of Congress over territory belonging to the United States is now a matter of history. By that decision the power to govern is co-extensive with the power to acquire territory,—and this means sovereignty. Territorial acquisitions are wholly subject to the will of Congress. It may govern them as it sees fit. States, not Territories, are guaranteed by the United States “a republican form of government.” The word “citizens” as used in the Constitution does not include inhabitants of such Territories.[345]
The Constitution of the United States was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual States. Each State established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated. The people of the United States framed such a government for the United States as they supposed best adapted to their situation, and best calculated to promote their interests. The powers they conferred on this government were to be exercised by itself; and the limitations on power, if expressed in general terms, are naturally, and we think necessarily, applicable to the government created by the instrument.[346]
But the government thus formed under the Constitution is the government of “the more perfect Union,” which is an “indestructible Union of indestructible States.” By constitutional law, indestructibility is not a quality of any territory under the jurisdiction of the United States.
133. The rights of the inhabitants of such territory are determined by Congress. This power of Congress seems unlimited, but the Supreme Court of the United States disclaims “any intention to hold that the inhabitants of these territories are subject to an unrestrained power on the part of Congress to deal with them upon the theory that they have no rights which it is bound to respect.”[347] What limitation then, if any, is there on Congress, in exercising its powers over such territory?
The Court replies:
There are certain principles of natural justice inherent in the Anglo-Saxon character, which need no expression in constitutions or statutes to give them effect to secure dependencies against legislation manifestly hostile to their real interests.[348]
But the power of Congress to govern Territories, (“dependencies,” “outlying possessions”) is, by present constitutional law, exercisable at the will of Congress.[349] The essential matter is of jurisdiction. The United States is a sovereignty; for some purposes the several States comprising the Union are sovereign,[350] but according to American constitutional law, a Territory, dependency, or outlying possession belonging to the United States is not sovereign, and possesses no powers, rights, privileges, or attributes of sovereignty. The principle may be stated thus: To whatsoever extent Congress exercises jurisdiction, to that extent it governs; its functions are legislative and essentially political; to the extent that they are political they are sovereign.[351]