5. Are the United States Courts influenced in their decisions by politics? Bryce, I, 259-261 (265-267).
6. Define treason and the punishment therefore. Const.i.tution, Art. III, Sec. 3, Clauses 1 and 2. See Government in State and Nation, 268, 269.
7. Describe the influence of John Marshall as Chief Justice.
(_a_.) John Marshall, American Statesmen Series, Chapters X and XI.
(_b_.) Bryce, I, 261 (267).
(_c_.) Lodge, "John Marshall, Statesman," N. Am. Rev., 172:191-204.
(_d_.) John Marshall, Atl. Mo., 87:328-341.
8. Show how the development of our Const.i.tution by interpretation has been brought about. Bryce, I, 366-375 (376-385).
9. What has been the influence of the Supreme Court in the history of our nation? Scribner"s Mag., 33:273-284.
CHAPTER XVII.
TERRITORIES AND PUBLIC LANDS.
The History of Territories.--The first Territories of the United States were formed in the region lying north of the Ohio River and east of the Mississippi River. Here several of the original States (viz., Ma.s.sachusetts, Connecticut, New York, and Virginia) had had claims, which they ceded to the general government during the period of the Confederation. This region was given the name Northwest Territory. It was governed under the Ordinance of 1787 enacted by Congress for this purpose. As settlers came into this region, Congress pa.s.sed special acts for the government of the different Territories that were erected where now we find the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin.
In like manner, the region lying south of Kentucky was ceded to the United States by the Carolinas and Georgia, and was then formed into Territories and governed by Congress. Next, the Louisiana Purchase, Florida, the Mexican Cession, and the Oregon Territory came under the control of Congress; a succession of Territories was thus created, all of which have now been admitted into the Union as States. In the government of these Territories, Congress has acted in accordance with an important power granted to it by the Const.i.tution.
Article IV, Section 3, Clause 3. _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._
The Government of Territories.--Our Territories at present are Alaska, Porto Rico, and Hawaii.
The governing authorities in each are: (1) a governor, appointed by the President, with the consent of the Senate; (2) administrative officers--secretary, treasurer, auditor, attorney-general, adjutant-general, and superintendent of education, all appointed in the same way; (3) a legislature consisting of two houses, the members of the lower house, at least, being elected by popular vote; (4) a system of courts in which the judges are appointed by the President and Senate.
Relations between Territories and Congress.--A Territory is organized by an Act of Congress which provides for these officers and prescribes their powers. The Territorial legislature controls the internal affairs of the Territory; but its acts may be changed or vetoed by Congress. The people of a Territory have no voice in National affairs, but they elect a delegate to Congress, who may debate but not vote.
Porto Rico.--The government of Porto Rico is different at some points from that of the other organized Territories. The upper house of its legislature is the Executive Council and consists of the administrative officers of the Territory (secretary, treasurer, auditor, commissioner of the interior, attorney-general, and commissioner of education) and five other persons appointed by the President. Five of the eleven members of this council must be natives of Porto Rico. The House of Delegates has thirty-five members, elected triennially by the voters. There is elected by the people a "resident commissioner" to the United States, who, unlike the delegates from other Territories, has no seat in Congress, but rather has official relations with the President.
The Territory of Hawaii.--Hawaii was annexed to the United States in 1898, and its government was established by Congress in 1900. The administrative officers in this Territory are appointed by the governor, instead of by the President. Voters in Hawaii must be able to read and write either the English or Hawaiian language.
Alaska.--By a law of 1912, Alaska was given for the first time a Territorial legislature, consisting of two houses, elected by the people.
Our Government in the Philippine Islands.--The Philippines const.i.tute the largest part of "our insular possessions," and are not cla.s.sed as Territories. The word "colonies" better expresses their relations to the United States. They are governed by a commission of nine members: the governor, four heads of departments (Americans), and four Filipinos. All are appointed by the President with the consent of the Senate. This commission const.i.tutes the upper house of the legislative body; the lower house or a.s.sembly is elected from certain districts of the islands where the people are considered civilized and are at peace. Voters must be property-owners and be able to read and write English or Spanish.
The entire group of islands is divided into provinces. In some of these the people have local self-government; in others there is military government under the United States army. In many cities the government is similar to that of American cities.
Besides numerous other small islands the United States possesses Tutuila in the Samoan group, Guam, and Wake Island. These are governed directly by the naval authorities of the government.
The Panama Ca.n.a.l Zone is governed by the Isthmian Ca.n.a.l Commission, consisting of seven men appointed by the President. The commission is subordinate to the War Department at Washington.
Political Relations with Cuba.--Cuba was under the control of our military authority between the time when our troops occupied the island, during the Spanish-American War, and the announcement of its independence in May, 1902. Although Cuba is now an independent republic, it is considered as a "protectorate" of the United States, and is subject to the influence of this nation in its dealings with other nations.
The Admission of Territories to Statehood.--While Territories depend to a greater or less extent upon the nation for their government, it has always been the policy of the United States to admit them into the Union as States when conditions became right for this action. That the power to admit States into the Union belongs exclusively to Congress is evident from the language of the Const.i.tution:
Article IV, Section 3, Clause 1. _New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor 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._
Territories first apply for admission to the Union, and then either of two processes may follow: (1) Congress pa.s.ses an enabling act authorizing the Territory to frame a const.i.tution, which is submitted to Congress for approval. (2) Or, the Territory frames its const.i.tution without waiting for the enabling act; with this in its hand the Territory then applies to Congress for admission. In either case, before giving its approval to the admission of a State, Congress must see that the const.i.tution submitted contains nothing that is inconsistent with a republican form of government.
Our Public Land Policy.--In the Territories which lay between the Allegheny Mountains and the Mississippi River, and in all the acquisitions that have since been made, the unoccupied[60] lands became the property of the United States. So the National government became the possessor of many millions of acres of land, and it still holds immense tracts in the Western States and in its distant possessions. Upon the admission of a Territory as a State, the ownership of its public lands does not pa.s.s to the new State, but remains with the National government. The latter has followed a most liberal policy in dealing with its lands, (1) It has granted great amounts to the States. The school lands which are the basis of the common school funds in the Western States were acquired in this way. (2) Many thousands of square miles have been granted to railroad companies as aid in the construction of their lines. These lands are still being purchased at low rates by settlers in the West. (3) The "homestead law" provides that citizens may acquire 160 acres of land, or less, free of cost, on condition of living upon it for five years and improving it. (4) Millions of acres are still held by the government, subject to sale at low prices.
[Footnote 60: Exceptions to this statement must be made to cover certain lands reserved by some of the original States that ceded their claims to the United States; as, for instance, the Western Reserve in Ohio retained by Connecticut, and other lands in the same State retained by Virginia.]
At present the larger part of the public lands of the United States are arid; that is, they cannot be cultivated without irrigation. By a law of 1902, the proceeds received from the sale of public lands in certain Western States and Territories will be expended by the National government in the construction of irrigation works. This law is destined to have a great influence upon the future of our Western States.
[Ill.u.s.tration]
The National System of Survey.--In the thirteen original States there was no uniform system of land survey, but each tract of land was surveyed as necessity required, generally after settlement had been made upon it. The tracts were of very irregular shapes. The boundary lines, usually starting from some natural object, were measured by rods or chains, running in certain directions as ascertained by the use of the compa.s.s. This method of survey is still in use in the Eastern States. According to a law of 1785, a uniform system of "rectangular survey" was applied to all lands belonging to the United States. This survey has preceded settlers, and has to some extent influenced the method of settlement and the nature of local government throughout the West. The lands surveyed have been divided into townships six miles square. For the boundaries of townships the law requires the use of north-and-south and east-and-west lines. To secure starting points from which to run these lines, it was necessary to designate certain meridians as Princ.i.p.al Meridians and certain parallels as Base Lines.
Method of Land Description.--The map indicates the location of Princ.i.p.al Meridians and Base Lines in the States north of the Ohio River. Starting, then, from any Princ.i.p.al Meridian, the tier of townships directly east is called Range I; the other ranges are numbered east and west of that meridian. Counting also from the Base Line, the townships are numbered 1, 2, 3, etc., both north and south. It thus becomes possible to locate precisely any particular township by a simple description: e.g., township 5 north, Range VIII east of the first Princ.i.p.al Meridian.
Since the eastern and western boundaries of townships are meridians, they approach nearer to each other as they go farther north. Hence the townships become less than six miles from east to west as the survey proceeds northward from any base line. This necessitates the running of standard parallel lines, or correction lines, at frequent intervals, to be used as new base lines (Figure 1).
[Ill.u.s.tration: Figure 1]
To still further facilitate the sale and description of lands, the law provides for exact methods of subdividing the township into sections, one mile square, numbered as in Figure 2.
Each section is subdivided into rectangular tracts known as halves, quarters, half-quarters, and quarter-quarters. The designations of these divisions are by abbreviations and fractions. (See Figure 3.) The number of acres in each tract is easily computed.
The rectangular system of survey has been a great aid in the subdivision and location of farm lands; it greatly reduces the number of boundary disputes, it determines very largely the location of country roads.
Moreover, the Congressional township has become, in a great many instances, the area within which the political township or town has been organized. This town, however, need not coincide with the Congressional township; it may be greater or smaller in area.
[Ill.u.s.tration: Figure 2.--Six MILES SQUARE.
|----------------------------| | 6 | 5 | 4 | 3 | 2 | 1 | |----------------------------| | 7 | 8 | 9 | 10 | 11 | 12 | |----------------------------| |18 | 17 | 16 | 15 | 14 | 13 | |----------------------------| |19 | 20 | 21 | 22 | 23 | 24 | |----------------------------| |30 | 29 | 28 | 27 | 26 | 25 | |----------------------------| |31 | 32 | 33 | 34 | 35 | 36 | |----------------------------|
[Ill.u.s.tration: Figure 3.--One mile square