, the territorial form of government
which we have tried so successfully from the beginning of the Union is
well adapted to the best of such communities. It secures local
self-government, equality before the law, upright courts, ample power
for order and defense, and such control by Congress as gives security
against the mistakes or excesses of people new to the exercise of these
rights.
[Sidenote: Will the Constitution Permit Withholding Statehood?]
But such a system, we are told, is contrary to our Constitution and to
the spirit of our institutions. Why? We have had just that system ever
since the Constitution was framed. It is true that a large part of the
territory thus governed has now been admitted into the Union in the
form of new States. But it is not true that this was recognized at the
beginning as a right, or even generally contemplated as a probability;
nor is it true that it has been the purpose or expectation of those who
annexed foreign territory to the United States, like the Louisiana or
the Gadsden Purchase, that it would all be carved into States. That
feature of the marvelous development of the continent has come as a
surprise to this generation and the last, and would have been
absolutely incredible to the men of Thomas Jefferson's time. Obviously,
then, it could not have been the purpose for which, before that date,
our territorial system was devised. It is not clear that the founders
of the Government expected even all the territory we possessed at the
outset to be made into States. Much of it was supposed to be worthless
and uninhabitable. But it is certain that they planned for outside
accessions. Even in the Articles of Confederation they provided for the
admission of Canada and of British colonies which included Jamaica as
well as Nova Scotia. Madison, in referring to this, construes it as
meaning that they contemplated only the admission of these colonies as
colonies, not the eventual establishment of new States ("Federalist,"
No. 43). About the same time Hamilton was dwelling on the alarms of
those who thought the country already too large, and arguing that great
size was a safeguard against ambitious rulers.
Nevertheless, the objectors still argue, the Constitution gives no
positive warrant for a permanent territorial policy. But it does!
Ordinarily it may be assumed that what the framers of the Constitution
immediately proceeded to do under it was intended by them to be
warranted by
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