it; and we have seen that they immediately devised and
maintained a territorial system for the government of territory which
they had no expectation of ever converting into States. The case,
however, is even plainer than that. The sole reference in the
Constitution to the territories of the United States is in Article IV,
Section 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." Jefferson revised his first
views far enough to find warrant for acquiring territory; but here is
explicit, unmistakable authority conferred for dealing with it, and
with other "property," precisely as Congress chooses. The territory was
not a present or prospective party in interest in the Union created
under this organic act. It was "property," to be disposed of or ruled
and regulated as Congress might determine. The inhabitants of the
territory were not consulted; there was no provision that they should
even be guaranteed a republican form of government like the States;
they were secured no right of representation and given no vote. So,
too, when it came to acquiring new territory, there was no thought of
consulting the inhabitants. Mr. Jefferson did not ask the citizens of
Louisiana to consent to their annexation, nor did Mr. Monroe submit
such a question to the Spaniards of Florida, nor Mr. Polk to the
Mexicans of California, nor Mr. Pierce to the New Mexicans, nor Mr.
Johnson to the Russians and Aleuts of Alaska. The power of the
Government to deal with territory, foreign or domestic, precisely as it
chooses was understood from the beginning to be absolute; and at no
stage in our whole history have we hesitated to exercise it. The
question of permanently holding the Philippines or any other conquered
territory as territory is not, and cannot be made, one of
constitutional right; it is one solely of national duty and of national
policy.
[Sidenote: Does the Monroe Doctrine Interfere?]
As a last resort, it is maintained that even if the Constitution does
not forbid, the Monroe Doctrine does. But the famous declaration of Mr.
Monroe on which reliance is placed does not warrant this conclusion.
After holding that "the American continents, by the free and
independent condition which they have assumed and maintained, are
henceforth not to be considered as subjects for future colonization by
any European Power," Mr. Monroe conti
|