commission as judge of the United States was considered and intended to apply. The President thought the authority of Congress alone competent to extend other laws of the United States to nearly acquired territory; nor could he give to the judge a jurisdiction which could only be conferred by them." (Annals of Congress, first session Seventeenth Congress, vol. 2, p. 2411.) Attention is directed to the fact that in this instance three American statesmen, James Monroe, John Quincy Adams, and Andrew Jackson, each of whom was elected President of the United States, united in declaring officially that the Constitution did not apply of its own force to territory newly acquired by this nation, by virtue of the act of acquisition, but that such extension must be accomplished by the action of Congress.

Texas.-March 1, 1845 (5 Stat., 797), Congress adopted a joint resolution for the annexation of Texas. Subsequently the convention of Texas and the Congress of that Republic adopted a similar resolution. Thereafter Robert J. Walker, Secretary of the Treasury under President Polk, issued the following order:

"TREASURY DEPARTMENT, July 29, 1845.

"To collectors and other officers of the customs:

"The President of the United States has received official intelligence that the convention, as well as the Congress of the Republic of Texas, have sanctioned and adopted the joint resolution of the Congress of the United States of the 1st of March last for the admission of Texas as a State of the Union.

"By the twenty-fourth section of the act of Congress of the United States of the 30th August, 1842, it is provided: "That it shall be the duty of all collectors and other officers of the customs to execute and carry into effect all instructions of the Secretary of the Treasury relative to the execution of the revenue laws; and in case any difficulty shall arise as to the true construction or meaning of any part of such revenue laws the decision of the Secretary of the Treasury shall be conclusive and binding upon all such collectors and other officers of the customs.' In conformity with this provision of the law, it becomes my duty to communicate the views and instructions of this Department upon various important questions arising out of the new relations between Texas and the United States.

"First. Although there is now a solemn compact obligatory upon both parties for the admission of Texas as a State of the Union, yet, until further action of the Congress of the United States upon this subject, and instructions founded thereon from this Department, you will collect duties, as heretofore, upon all the imports from Texas into the United States.

"A similar question arose in relation to exports from Florida into New Orleans in 1819, when it was decided by the Treasury Department that all goods which have been, or may be, imported from Pensacola, before an act of Congress shall be passed erecting it into a collection district, and authorizing the appointment of an officer to reside thereat, for the purpose of superintending the collection of duties, will be liable to duty."" (Book T., October 10, 1843, to February 4, 1848, Circulars, Office Secretary of Treasury.)

On December 29, 1845, Congress passed an act, the first section of which was as follows:

"That all the laws of the United States are hereby declared to extend to and over, and to have full force and effect within, the State of Texas, admitted at the present session of Congress into the Confederacy and Union of the United States." (9th U. S. Stats., p. 1.)

On December 31, 1845, Congress created a collection district, embracing the State of Texas. (9th U. S. Stats., p. 2.)

Oregon.-Territorial government established by act of August 14, 1848. (9 Stat., 323.)

Ordinance of 1787 extended to inhabitants. (Section 14.)

Revenue laws of the United States extended over the Territory. (Section 26.)

Missouri.-Territorial government established June 4, 1812. (2 Stat., 743.)

Section 14 is follows:

"And be it further enacted, That the people of the said Territory shall always be entitled to a proportionate representation in the general assembly; to judicial proceedings according to the common law and the laws and usages in force in the said Territory; to the benefit of the writ of habeas corpus. In all criminal cases the trial shall be by jury of good and lawful men of the vicinage. All persons shall be bailable, unless for capital offenses where the proof shall be evident or the presumption great. All fines shall be moderate, and no cruel or unusual punishment shall be inflicted. No man shall be deprived of his life, liberty, or property but by the judgment of his peers and the law of the land. If the public exigencies make it necessary for the common preservation to take the property of any person, or to demand his particular services, full compensation shall be made for the same. No ex post facto law or law impairing the obligation of contracts shall be made. No law shall be made which shall lay any person under restraint, burthen, or disability on account of his religious opinions, professions, or mode of worship, in all of which he shall be free to maintain his own, and not burthened for those of another. Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall be encouraged and provided for from the public lands of the United States in the said Territory in such manner as Congress may deem expedient.'

This is substantially the Bill of Rights contained in the ordinance of 1787. This enactment was unnecessary if the Constitution in full vigor extended to Missouri, and is evidence that Congress and President Madison thought it did not.

By the act of April 20, 1836 (5 Stat., 10), establishing a government for the Territory of Wisconsin, the Constitution of the United States was not extended to the Territory, but it was provided in the following language, used for the first time in this legislation for Territories, that

"The laws of the United States are hereby extended over and shall be in force in said Territory, so far as the same or any provisions thereof may be applicable.'

The same provision was made as to the Territory of Minnesota. (Act of March 3, 1849, 9 Stat., 403.)

The act to establish a Territorial government for New Mexico (1850) contained the following provision:

"SEC. 17. And be it further enacted, That the Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within said Territory of New Mexico as elsewhere within the United States." (9 Gen. Stats. of U. S., chap. 49, p. 452.)

Similar legislation has been had in regard to other organized Territories, as follows: Utah, vol. 9, Stat. L., p. 458, chap. 51, sec. 17; Colorado, vol. 12, p. 176, chap. 59, sec. 16; Dakota, vol. 12, p. 244, chap. 86, sec. 16; Idaho, vol. 12, p. 813, chap. 117, sec. 13; Montana, vol. 13, p. 91, chap. 95, sec. 13; Wyoming, vol. 15, p. 183, chap. 235, sec. 16; District of Columbia, vol. 16, p. 426, chap. 62, sec. 34.

Finally, in the "Act to revise and consolidate the statutes of the United States," approved June 22, 1874, Congress made general provisions as follow:

"The Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within all the organized Territories, and in every Territory hereafter organized as elsewhere in the United States." (Revised Statutes of the United States, sec. 1891.)

The expressions "organized Territories" and "every Territory hereafter organized" appearing in this statute, refers to the political subdivisions known as Territories, in which Territorial governments have been or may be organized. It can not be interpreted to mean unorganized territory considered as an expanse of country, nor can "every Territory hereafter organized" be held to mean every foot of land hereafter acquired.

The term "organized territory" is used in contradistinction to "unorganized territory," which latter term is applied to Alaska. (See Rev. Stat., title 3, chaps. 2 and 3.)

Alaska.-The Alaska treaty was proclaimed June 20, 1867.

July 27, 1868, was passed an act entitled "An act to extend the laws of the United States relating to customs, commerce, and navigation over the territory ceded to the United States by Russia, to establish a collection district therein, and for other purposes."

The first section of this act extended the laws of the United States relating to customs, commerce, and navigation to and over "all the mainland, islands, and waters of the territory ceded to the United States by the Emperor of Russia," etc.

The Northwest Territory. The history of the ordinance for the government of the Northwest Territory also proves that the statesmen of that period did not accept the doctrine that the guaranties enjoyed by the inhabitants of the States were possessed by the inhabitants of the Northwest Territory, neither by virtue of the Articles of Confederation nor by the fact that they had theretofore been within the jurisdiction of one of the States. The accepted doctrine was that such guaranties and rights must be conferred by Congress. Hence the ordinance contained "six articles of compact between the original States and the people and States in the said Territory."

The first provided that no peaceable person should "ever be molested on account of his mode of worship or religious sentiments." The second guaranteed to the inhabitants "the benefits of the writ of habeas corpus, trial by jury, proportionate representation in the legis lature, bail (except for capital offenses), moderate fines and punishments, and the preservation of liberty and property." The article concluded with the declaration "that no law ought ever to be made or have force in the said territory that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide and without fraud, previously formed." The third article declared "that schools and means of education should forever be encouraged, and good faith should be observed toward the Indians." The fourth declared "that the territory and States formed therein should forever remain a part of the confederacy, subject to the Articles of Confederation and the authority of Congress under them." The fifth provided for the formation in the territory of not less than three nor more than five States, to be admitted "into the Congress of the United States. on an equal footing with the original States in all respects whatever, and to be at liberty to form a permanent constitution and State government, republican in form, and in conformity with the Articles of Confederation.". The sixth prohibited slavery in the territory, but permitted the capture and return of fugitive slaves from any one of the original States. (Rev. Stat., 1878, pp. 15 and 16.)

In 1783, it being evident that the General Government would eventually become the owner of "The Northwest," Congress appointed a committee to report a plan for connecting said Territory with the Confederation and providing a temporary government for the inhabitants. Thomas Jefferson was chairman of that committee, and on the day the cession from Virginia was accepted he reported a plan for the government of said Territory, which, after being subjected to important modifications, was adopted on April 23, 1784. The plan adopted was known as "Jefferson's ordinance," or the "Ordinance of 1784." The plan proved unsatisfactory and Congress proceeded to legislate anew on the subject. Between May 1, 1786, and July 9, 1787, three ordinances for the government of the Northwest Territory were reported to Congress (May 10, 1786; September 19, 1786; and April 26, 1787). Finally, on July 13, 1787, the ordinance of 1787 was adopted. The convention which formulated our Constitution convened on May 25, 1787, pursu ant to a resolution of Congress passed February 21, 1787, and finished its labors September 17, 1787. Therefore Congress was considering the ordinance of 1787 at the very time the convention was deliberating over the Constitution.

Many of the members of Congress who participated in the preparation and passage of the ordinance were serving at the same time as members of the Constitutional Convention.

The internal-revenue laws not universal in application.-Under the Constitution the internal-revenue laws should be as universal and uniform in application as the tariff laws.

The first internal-revenue tax on spirits distilled in the United States was levied by the act of March 3, 1791, which, for purposes of collection, provided that the United States shall be divided into fourteen districts, each consisting of one State." (1 U. S. Stats., sec. 4, pp. 199, 200.)

Although said act did not prohibit the distilling of spirits except in

compliance with said tax regulations, no provision was made for the collection of said tax in the territories not included in the boundaries of the existing fourteen States.

It was not until 1868 that the internal-revenue laws, as to spirits and tobacco only, were extended to apply to all places within the exterior boundaries of the United States.' (15 U. S. Stats., sec. 107, p. 167.) The territories thus subjected to the provisions of the internal-revenue acts were the Indian reservations and the lands of the civilized tribes, which, theretofore, had not been invaded by the collector of internalrevenue taxes.

Guano Islands (R. S., p. 1080),-In support of the proposition that territory may belong to or be under the jurisdiction of the United States without being a part of the United States, the legislation with relation to guano islands is instructive.

This law provides that any discoverer, being a citizen of the United States, may take peaceable possession of an unoccupied guano island, and, upon giving notice to the Department of State thereof, and the performance of other details, the same shall be considered as appertaining to the United States.

Over such islands are extended the criminal laws regulating offenses or crimes committed on the high seas. The right to possess such islands is confined exclusively to citizens of the United States, and the sale of guano taken therefrom is restricted to such citizens. The right is expressly reserved on the part of the United States to abandon the islands after the guano shall have been removed from the same.

This species of appurtenant territory was recognized by this court in the case of Jones v. United States (137 U. S., 212).

Over seventy different islands, keys, and groups of islands have thus been taken possession of and made for such special purposes the property of the United States.

2. JUDICIAL PRECEDENT.

The Canter Case.

The first judicial expression on this subject is the opinion of Mr. Justice Johnson, of the United States Supreme Court, sitting in the United States circuit court, in the case of The American Insurance Company v. Canter, reported in 1 Peters, 517, as an appendix to the report of the case on writ of error to the Supreme Court.

The views of Justice Johnson are clear and distinct and well worthy of careful perusal.

He said:

"It becomes indispensable to the solution of these difficulties that we should conceive a just idea of the relation in which Florida stands to the United States, and give a correct construction to the second section of the act of Congress of May 26, 1824, respecting the Territorial government of Florida. Correct views on these two subjects will dispose of all the points that have been considered in argument.

"And, first, it is obvious that there is a material distinction between the territory now under consideration and that which is acquired from the aborigines (whether by purchase or conquest), within the acknowledged limits of the United States, as also that which is acquired by the establishment of a disputed line. As to