ing power for Alaska." (United States _v._ Nelson, 29 Fed.
Rep. 202, 205, 206.)
_Mr. Jefferson even held that the United States could sell territory,
hold it as a colony, or regulate its commerce as it pleased._
"The Territory [Louisiana] was purchased by the United States in their
confederate capacity, and may be disposed of by them at their pleasure.
It is in the nature of a colony whose commerce may be regulated without
any reference to the Constitution." (And Louisiana was so governed for
years after the purchase, with different tariff requirements from those
of the United States, and without trial by jury in civil cases.)
_Again, the United States may even_ (as in the case of Consular Courts)
_withhold the right of trial by jury_.
"By the Constitution a government is ordained and established 'for the
United States of America,' and not for countries outside of their
limits. The guaranties it affords against accusation of capital or
infamous crimes, except by indictment or presentment by a grand jury,
and for an impartial trial by a jury when thus accused, apply only to
citizens and others within the United States, or who are brought there
for trial for alleged offenses committed elsewhere, and not to
residents or temporary sojourners abroad. The Constitution can have no
operation in another country." (_In re_ Ross, 140 U.S. 463, 465.) (In
this case the prisoner insisted that the refusal to allow him a trial
by jury was a fatal defect in the jurisdiction exercised by the court,
and rendered its judgment absolutely void.)
_The United States can govern such territory through Congress._
"At the time the Constitution was formed the limits of the territory
over which it was to operate were generally defined and recognized.
These States, this territory, and future States to be admitted into the
Union, are _the sole objects of the Constitution_. There is no express
provision whatever made in the Constitution for the acquisition or
government of territories beyond those limits. The right, therefore, of
acquiring territory is altogether incidental to the treaty-making
power, and perhaps to the power of admitting new States into the Union;
and the government of such acquisitions is, of course, left to the
legislative power of the Union, as far as that power is controlled by
treaty." (Mr. Justice Johnson of the Supreme Court, sitting in the
Circuit, in Am. Ins. Co. _v._ Canter, 1 Pet. 517.)
Mr. Chief Justi
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