ce Marshall, affirming the above decision, says:

"Perhaps the power of governing a Territory belonging to the United
States which has not, by becoming a State, acquired the means of
self-government, may result necessarily from the facts that it is not
within the jurisdiction of any particular State, and is within the
power and jurisdiction of the United States. The right to govern may be
the inevitable consequence of the right to acquire territory. Whichever
may be the source whence the power is derived, the possession of it is
unquestioned." (1 Pet. 541, 542.)

_The General Government exercises a sovereignty independent of the
Constitution._

"Their people [in organized Territories] do not constitute a sovereign
power. All political authority exercised therein is derived [not from
the Constitution, but] from the General Government." (Snow _v._ United
States, 18 Wall. 317, 320.)

_The General Government is expected, however, to be controlled as to
personal and civil rights by the general principles of the Constitution._

"The personal and civil rights of the inhabitants of the Territories
are secured to them, as to other citizens, by the principles of
constitutional liberty which restrain all the agencies of government."
(Murphy _v._ Ramsay, 114 U.S. 15, 44, 45.)

"Doubtless Congress, in legislating for the Territories, would be
subject to those fundamental limitations in favor of personal rights
which are formulated in the Constitution and its amendments; but these
limitations would exist rather by inference and the general spirit of
the Constitution, from which Congress derives all its powers, than by
any express and direct application of its provisions." (Mormon Church
_v._ United States, 136 U.S. 1, 44; Thompson _v._ Utah, 170 U.S. 343,
349.)

2

THE TARIFF IN UNITED STATES TERRITORY

The one point at which the opponents of the doctrine that Congress can
govern the Territories as it pleases are able to make a prima facie
case by quoting a decision of the Supreme Court, is as to the
application of the United States tariff to the Territories. When
California was acquired, but before Congress had acted or a Collection
District had been established, the Supreme Court sustained the demand
for duties under the United States tariff on goods landed at California
ports (Cross _v._ Harrison, 16 How. 164). Mr. Justice Wayne said:

"By the ratifications of the treaty California became a part of the
Uni