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upon probable cause shown him under oath or affirmation. The person showing the probable cause must also particularly describe the place to be searched and the persons or things to be seized. (U. S. Const. Amend'ts III. and IV.)

7. Private Rights; Eminent Domain. - Private property shall not be taken for public use by the National authorities without just compensation. (U. S. Const. Amend❜t V.)

8. Private Rights; to be Taken Away only by Due Process of Law. No one shall be deprived by the United States of life, liberty, or property without due process of law. (U. S. Const. Amend❜t V.)

9. Suffrage. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude. (U. S. Const. Amend❜t XV.)

10. Reserved Rights. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, nor reserved to the States by themselves, are reserved to the people. The States have all the power that has not been given to the Nation, and the people of the States have all the power that they have not given to the National and State Governments. The people are the source of all power and retain all rights and powers which they have not given away (U. S. Const. Amend❜t Art. X.)

CHAPTER XXVIII.

NEW STATES.

1. The Territorial System; Classes of Territories. Congress has power to dispose of and make all needful rules and regulations respecting the territory belonging to the United States. It has been held that the United States can obtain the control of territory either by cession from the States, or by conquest in war, or by treaty. As a sovereign nation it has the power to acquire territory. It has also annexed territory by joint resolution of Congress. Congress may establish a local government in the territory of the United States, but that government is entirely subject to the control of Congress, which may give the people of the territory a voice in their government or not, as it chooses. Congress may make rules and regulations for the territory of the United States, either considering it as property and providing for its improvement or sale, or considering the needs of the people inhabiting it and providing for their government. Congress has generally viewed the territory as country to be formed into States in the future, and has given it a government similar to a State. It has usually divided the territory into convenient sections, and given each a name and a separate government. These governments have been of two kinds. When there are only a few settlers, and these scattered over great expanses of

country, a governor is sent from Washington, and all laws are either made by Congress, or by the governor and judges in the territory. The people have no voice. Alaska is such a territory. When the territory becomes better settled, Congress gives it a legislature chosen by the people, and permits them to pass their own laws, subject to repeal by Congress, and to choose a delegate to speak for them in the House of Representatives, but not to vote. From this stage, in which New Mexico is at present, the territory has generally passed to become a State. (U. S. Const. Art. IV., Sec. 3, Par. 2.)

2. Power of Congress over the Territories. This power is absolute, except in so far as it is limited by the private rights of the citizens settling in the territories. It was once much discussed whether the power was so great as to enable Congress to suppress slavery in the territories. The Republican party in 1856 maintained that it was, while the Democratic party, supported by the Supreme Court in the Dred Scott decision, denied it. When a territory is acquired from a foreign government, Congress may determine whether it will keep any part of the old government of that territory, or make an entirely new one.

3. Ordinance of 1787; the Northwest Territory. The old Congress of the Confederation passed an ordinance in 1787 for the government of the territory northwest of the Ohio River and east of the Mississippi. This ordinance was ratified by the Congress under the Constitution, and is the basis of our government of territories. It was a very liberal measure, providing that civil liberty should be preserved and education encour

aged in the territories, and looking forward to their becoming States at a future time.

4. How were the Territories Obtained ?— (a) Western land claims of the States: When the treaty of peace was made with Great Britain, some of the States had claims to large portions of land west of the Alleghanies. It was very desirable that they should surrender these claims to the Nation, and New York, Connecticut, Massachusetts, and Virginia did so before 1787. From the territory thus ceded the Northwest Territory was formed. South Carolina and Georgia had also western land claims, and Georgia was slower in ceding them to the Nation, but finally did so in 1802. When Congress obtained control of this western land, it was mostly unsettled and wild country. Now it has all been formed into States. Probably because of a fear that Congress might claim more of this western land than the States were willing to cede, or that the Nation might seem to have ceased to desire the cession, the provision is found in the Constitution that nothing in the document shall be construed so as to prejudice any claims of the United States or any particular State. (U. S. Const. Art. IV., Sec. 3, Par. 2.)

(b) Louisiana: As the United States was first formed, it did not control the mouth of the Mississippi River, and the power that owned it was able to hinder greatly the commerce of the western settlers on that river. This caused them to become much dissatisfied. To try to remedy this, Jefferson told our minister to France, which then owned Louisiana, to buy the land at the mouth of the river. To his surprise, Napoleon offered

to sell the whole vast country. This offer was accepted in 1803, and the western boundary advanced to the Rocky Mountains. All of Louisiana has been formed into States, except Oklahoma and the Indian Territory. (c) Florida: Spain owned Florida, in which name the Gulf Coast of Alabama and Mississippi was included, until 1819, when the country was bought by our government. It has long since been formed into States.

(d) Oregon: The country south of Alaska and north of California, lying between the Pacific Ocean and the Rocky Mountains, was claimed by several nations. We finally obtained by treaty the rights of all these powers but England. Our claim to the Oregon country was based on discovery, exploration, and settlement. We were led to insist on our rights chiefly through the courage and perseverance of Rev. Marcus Whitman, who had gone to that country as a missionary to the Indians. Finally we agreed, in 1846, that England might take the northern part of the country, which is now British Columbia, and we should take the rest. The Oregon country has been divided into States.

(e) Texas: In 1845 Congress, by a joint resolution, admitted to the Union as a State and not as a Territory the independent country of Texas, which had asked for such annexation.

(f) The Mexican cessions: Mexico and the United States went to war over questions arising from the annexation of Texas. Mexico was terribly defeated and forced to surrender to us in 1848, by the treaty of Guadaloupe-Hidalgo, a large portion of her territory. It has all been formed into States, except Arizona and

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