Since the time when the necessity for the exercise of the authority arose, there has been almost no question as to the absolute power of Congress to determine the form of political and administrative control to be erected over the Territories, and to fix the extent to which their inhabitants shall be admitted to a participation in their own government. Both by legislative practice and by judicial sanction, the principle has been from the first asserted that upon this matter the judgment of Congress is absolute. This, however, has not been construed to carry with it the absolute control of the federal legislature over the civil rights - the private rights of person and property - of the inhabitants of the Territories. The extent of the power of Congress with respect to these will be discussed in the next chapter.

The first act for the government of Territories, the "Ordinance for the Government of the Territory of the United States North-west of the Ohio River," implied the doctrine that to Congress is given the complete discretion as to the form of government to be supplied,1 and that the inhabitants of this region are not, except by congressional grant, entitled to local self-government. The act provides that "as soon as there shall be five thousand free male inhabitants, of full age, in the district" they shall receive authority to elect a representative legislative assembly, and that as soon "as may be consistent with the general interest," the territory is to be subdivided into States, which are to be admitted into the Union on an equal footing with the original States. Until, however, the Assembly is established, all governing power is vested in a governor, a secretary and a court of three judges, all nominated by the President and appointed by and with the consent of the Senate. During this period, then, there was to be no local self-government whatever.

1 By Act of August 7, 1789, the first Congress under the Constitution re-enacted the ordinance of 1787, with the necessary change that the officers provided for by it should be nominated by the President and appointed by and with the advice and consent of the Senate.

By the Act of May 26, 1790, the Southwest Territory was given a government in all respects the same as that erected for the Northwest Territory.

By the Act of October 31, 1803, passed for the government of the Louisiana Territory purchased from France, the President was given full power to take possession, using for this purpose such force as might be necessary, and "that, until the expiration of the present session of Congress, unless provision for the temporary government of the said territories be sooner made by Congress, all the military, civil, and judicial powers exercised by the officers of the existing government of the same shall be vested in such person and persons, and shall be exercised in such manner, as the President of the United States shall direct, for maintaining and protecting the inhabitants of Louisiana in the free enjoyment of their liberty, property and religion."

A formal remonstrance against the autocratic regime thus established, as being in violation of the rights guaranteed by the treaty with France, was presented in behalf of the inhabitants of the Territory to the United States Senate, but no question as to the constitutionality of the action was raised.

The Act of March 3, 1819, for the taking possession and temporary government of Florida, was almost identical with the Louisiana Act of 1803.

Without attempting to trace further the legislation with reference to the government of the Territories it is sufficient to say that Congress has continued to the present day uniformly to consider this subject one to be dealt with absolutely at its own discretion.2

2 For legislation of Congress with reference to the Territories, see W. P. Wil-loughby, Territories and Dependencies of the United States: Their Government and Administration; Farrand, The Legislation of Congress for the Government of the Territories of the United States; Organic Acts for the Territories of the United States with Notes Thereon, Compiled from the Statutes at Large of the United States; also Appendix Comprising Other Matters Relating to the Government of the Territories. (Senate Document, No. 148, 56th Congress, 1st Sess.)

Acting in pursuance of its powers, Congress lias thus from time to time, as new territories have been acquired, established for them, by statutes, territorial governments. The latest of these statutes are those establishing civil rule in Porto Rico and the Philippines.