Territorial government

“ The two sovereignties of the State and the territorial government cannot exist at the same time within the same limits. The territorial government exists in full vigor until it is abolished by the admission of the State. ”

“ The territory of a State is not the property of the monarch, or of the Government, or even of the people of a State; it is the country which is subjected to the territorial supremacy or the imperium of a State. ”

“ A coalescence of the people into bodies politic in territorial areas now became complete.
The territorial series enters into the plan of government of modern civilized nations. Among ourselves, for example, we have the township, the county, the state, and the United States; the inhabitants of each of which are an organized body politic with powers of local self-government. Each organization is in full vitality and performs its functions within a definite sphere in which it is supreme. ”

“ Thus, by the terms of these "laws," the people have no control whatever over either the legislative, the executive, or the judicial departments of the territorial government until a time before which, by the natural progress of population, the territorial government will be superseded by a state government. ”

“ The progress made in the direction of administrative unification of India rendered it possible to deal with the problem of the territorial enclaves. The existence of numerous small enclaves of States in Provincial territories and vice versa and of one State in the other, led to serious administrative difficulties specially in regard to the maintenance of law and order and the administration of various control measures in force in the Provinces and States concerned. ”

“ This exclusive possession of a defined territory is a characteristic feature of all civilised and normal states. It is found to be a necessary condition of the efficient exercise of governmental functions. But we cannot say that it is essential to the existence of a state. A state without a fixed territory—a nomadic tribe for example—is perfectly possible. A non-territorial society may be organised for the fulfilment of the essential functions of government, and if so, it will be a true state. ”

“ The territorial form of government is temporary and preparatory, and the chief security a citizen of a territory has is found in the fact that he enjoys the same constitutional guarantees and is subject to the same general laws as the citizen of a state. ”

“ It may be well to pause here a moment and inquire into the causes which contribute so wonderfully to build up empire in our north-western domain. The territorial system of the United States has some analogy, it is true, to the colonial system of Great Britain— not the colonial system which existed in the days of the stamp act— but that which a wiser statesmanship has more recently inaugurated. The relation between the general government and our territories is like that of guardian and ward— the relation of a protector, not that of a master. ”

“ To frame a government for a single city or State, is a business both in its importance and facility, widely different from the task entrusted to the Federal Convention, whose prospects were extended not only to thirteen independent and sovereign States, some of which in territorial jurisdiction, population, and resource, equal the most respectable nations of Europe, but likewise to innumerable States yet unformed, and to myriads of citizens who in future ages shall inhabit the vast uncultivated regions of the continent. ”

“ Only by slow degrees does the notion of territorial membership arise and make good its claim to legal recognition. Gradually the government and the laws cease to be exclusively national and personal, and become in part territorial also. ”

“ The Ordinance's arrangement for expansion included opening settlement of the area known as the Northwest Territory, providing civil government, and ensuring settlers the protection of Common Law under territorial government until permanent State governments could be created. ”

“ The sixth resolution of the series declares at what time a State may form a Constitution and decide upon her domestic institutions. I deny this right to the territorial condition, because the Territory belongs in common to the States. Every citizen of the United States, as a joint owner of that Territory, has a right to go into it with any property which he may possess. These territorial inhabitants require municipal law, police, and government. They should have them, but they should be restricted to their own necessities. ”

“ The formula adopted in an Act of Congress organizing a Territory, is "An Act to provide a provisional government, etc., etc., etc." In course of time, no doubt, all the Territories will be admitted as States, as the territorial form of government is not provided for as a permanency by the Constitution, and is moreover anomalous in the American system. The people residing in the Territories are to a considerable extent disfranchised politically, and are not, in fact, full-fledged American citizens. ”

“ However, where the exercising of a power requires the combined action of several territorial communities, one of those communities or one of their associations may be authorised by statute to organise such combined action. In the territorial communities of the Republic, the State representative, representing each of the Members of the Government, shall be responsible for national interests, administrative supervision and compliance with the law. ”

“ The one, emanating from the people, as forming a sovereign community, creates the government — the other, as a representative appointed to execute its powers, enacts laws to regulate and control the conduct of the people, regarded as individuals. This division between the two powers — thus necessarily incident to the separation from the parent country — constitutes an element in our political system as essential to its formation, as the great and primary territorial division of independent and sovereign States. ”

“ Since the formation of the Constitution a vast extension of territory, and the varied relations arising therefrom, have presented problems which could not have been foreseen. It is just cause for admiration, even wonder, that the provisions of the fundamental law should have been so fully adequate to all the wants of government, new in its organization, and new in many of the principles on which it was founded. Whatever fears may have once existed as to the consequences of territorial expansion must give way before the evidence which the past affords. ”

“ By the constitution, as is now well settled, the United States, having rightfully acquired the territories, and being the only government which can impose laws upon them, have the entire dominion and sovereignty, national and municipal, federal and state, over all the territories, so long as they remain in a territorial condition. ”

“ Congress has power “to make all needful rules and regulations respecting the territory and other property belonging to the United States.”342 This means the power to govern, a power necessary to sovereignty, and the “inevitable consequence of the right to acquire territory; or, as the jurisdiction over a Territory does not belong to any State in the Union, its government lies by implication (if not by necessity) with the United States.”343
In creating a territorial jurisdiction, Congress exercises, but does not part with its powers. The power to govern Territories is not conditioned. ”

“ Territorial governments are states' governments in the making, A territory is a possession of the Union, and is governed by national or federal authorities. The president appoints its officers, but the people elect a legislature, though federal statutes may modify or even annul its laws. ”

“ When territorial governments are formed, they are clothed with many of the attributes of sovereignty. These governments are at liberty to legislate and to provide for the well-being of the people, and subject to the provisions of their "organic law," have the complete control of local and police regulations. ”

“ The new Constitution effects the territorial integration of States by means of a two-fold process. Firstly, Article 1 of the Constitution defines the territories of India to include the territories of all the States specified in the First Schedule, including Part B States. This is an important departure from the scheme embodied in the Act of 1935 in that, while section 311 (1) of that Act defined India to include British India together with all territories of Indian Rulers, the Act did not define the territories of the Indian Federation. ”

“ Two wants are now felt: roads, or at least paths from house to house, from hamlet to market town, and a school-house for the multiplying children. There is no strong central authority to provide these things, but the settlers meet and vote to tax themselves. The services of a supervisor, collector, clerk, constable and justice of the peace are required." [1] This is the beginning of the township and county. As population increases, other wants arise which only a stronger government can supply. A territorial, and then a State government are consequently formed. ”

“ That the theory so popular among Europeans, that a democratic government can only be successfully administered upon a limited territory, is absurd. Indeed, it is our firm conviction, for reasons which, on a fitting occasion, we are prepared to render, that a democratic is the only form of government which, over a territory relatively large, can endure and furnish adequate security to the rights of its people. ”

“ Under authority of Congress the Secretary of the Interior might acquire by purchase through peaceable transfer, if possible, or if necessary through condemnation proceedings a territory of sufficient area to settle the entire colored race for all time and place it under a territorial form of government until such time as statehood might be considered more feasible. ”

“ Should Congress, therefore, determine to hold these Provinces permanently, and that they shall hereafter be considered as constituent parts of our country, the early establishment of Territorial governments over them will be important for the more perfect protection of persons and property; and I recommend that such Territorial governments be established. It will promote peace and tranquillity among the inhabitants, by allaying all apprehension that they may still entertain of being again subjected to the jurisdiction of Mexico. ”

“ Cooperation of autonomous provinces and local self-government units Article 181 Autonomous provinces and local self-government units shall cooperate with the corresponding territorial communities and local self-government units from other countries, within the foreign policy of the Republic of Serbia, observing the territorial integrity and legal system of the Republic of Serbia. ”

“ Any Territorial form of government given them, therefore, should protect them in their homes and property for a period of at least twenty years, and before its final adoption should be ratified by a majority of those affected. ”

“ But the Federal government of a democracy must be advised by the constituency which is most interested in its action. Offices must be filled; protections and guaranties, both civil and military, must be furnished, according to the necessity and preferences of the people for whose benefit chiefly they are designed. In our own country at present it is comparatively easy to learn what these requirements are. Our people are accustomed to deliberate upon political measures, and know how to convey the fair result of their deliberations to the understanding of the central government. ”

“ There are other questions, however, to be disposed of in determining upon the expediency of enlarging the territories of a nation which are not so clear. In a representative government, the laws embody the average political intelligence of the electors; that is, their average knowledge of the true functions and processes of government. ”

“ We have, for the most part, in our history given promptly to the people of the territories a large measure of local government, and have, when the admission of a state was proposed, thought only of boundaries and population. ”

“ Some one must determine when and how far the people of a territory, part of our national domain, can be entrusted with governing powers of a local nature, and when the broader powers of statehood shall be conferred. ”

“ The jurisdiction of courts martial extend only over offenses committed by persons enlisted in the military or the naval service of the country.
WHY AND HOW TERRITORIES ARE ORGANIZED. The organization of territories in the United States is for two purposes: to provide good government while population is sparse, and to encourage their development into self-governing commonwealths, and their incorporation into the federal system as rapidly as possible. ”

“ For, since the nation is free and independent, it can have no intention, in settling in a country, to leave to others the rights of command, or any of those rights that constitute sovereignty. The whole space over which a nation extends its government, becomes the seat of its jurisdiction, and is called its territory. ”

“ Now so great a mass of men could not be administered except through this decentralization of authority, and the corollary of short service universally applied is the full territorial system, in which the whole enrolled strength of the district is subjected to the authority of the district commander. ”

“ Since the territorial area of the earth is divided among different States, inter-State relations must occupy much of a State’s time and energy. The natural tendency of a State is to expand its power, and externally such expansion takes place by conquest of a territorial area. ”

“ As countries are divided into provinces to secure kings, power ought to be divided into provinces to secure nations: and as each geographical division is subject to the monarchy each potential division should be subject to the people ”