The Constitutional Power of Congress Over the Territory of the United States

Henry Wolf Bikl

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The power to govern the territory of the United States the Territory. When New Mexico was set up as a Territory in 1850, it was provided that the Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within said Territory of New Mexico as elsewhere within the United States. " (Argument of the Attorney-General in the case of Goetse & Co. V. United States, "The Insular Cases, " document above referred to, p. 320. ) The debate in the... United States Senate in February, 1849, on a reso- lution to extend the Constitution to California and New Mexico, is cited at some length by both sides in the late cases, but since it discloses a divergence of opinion in the minds of the various Senators, it can hardly be regarded as indicative of any precise attitude on the part of the body as a whole. Further, the burning question involved was slavery, and this swayed the partisans to a particular stand, and com- pelled them to treat the question of the applicability of the Constitution to acquired territory as subordinate, and as merely a link in the chain of reasoning by which they determined the rights of slaveholders in such territory.

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