to Congress with power to sit in that body and participate in debate but not to vote; fifth, the grant to the district itself of the power to enact laws for the administration of its own internal affairs subject only to the power of Congress either to nullify such legislation or on its own initiative to enact legislation relative to the district; and, sixth, the provision that as soon as circumstances permitted the district should be admitted into the Union as a State and be given the power to frame its own constitution, which should be republican in form and not in conflict with organic law.

The Northwest Ordinance was but the first of a long series of acts by Congress having for their purpose to make provision for the government of the various political divisions into which the Northwest and other territory coming under the jurisdiction of the United States was divided. It is much the most important, however, for it furnished the model upon which subsequent legislation was based. On May 26, 1790, an act was passed providing that the Southwest Territory should have a form of government in all respects similar to that provided by the Northwest Ordinance. The work of dividing up these two territories into smaller divisions with separate governments began almost immediately. Without attempting to follow every change made, some of the more important steps by which this was accomplished may be given: Kentucky, which was only nominally within the boundaries of the Southwest Territory, was admitted as a State in 1792; Tennessee, likewise a part of the Southwest Territory, was admitted in 1796. On May 7, 1800,

the Northwest Territory was for the first time divided, an act of that date dividing this territory into two districts designated, respectively, as "Indiana Territory" and "Territory Northwest of the River Ohio," and providing that each should have the same form of government as that provided by the Northwest Ordinance. In 1802 the greater part of the latter territory was admitted into the Union as the State of Ohio, the remainder, or northern part, being attached to Indiana Territory. This latter territory was in 1805 again divided, through the erection of the northeastern part, into the Territory of Michigan. In 1809 a still further division took place, the southeastern part being designated by the old name of "Indiana Territory" and the western part being renamed the "Territory of Illinois." All of these territories were by the acts providing for their erection given the same form of government as that provided for in the Northwest Ordinance. The Territory of Illinois was subsequently divided into three Territories, which were admitted into the Union as the States of Illinois, Michigan and Wisconsin. The Southwestern Territory underwent a similar splitting-up, though there a somewhat greater readjustment of the boundaries took place in consequence of the fact that the formal cession of her lands to the Union by Georgia was not made until 1802.

Louisiana Purchase. In 1803 came the first great step in the expansion of the original territory of the United States. The vast territory known as the "Louisiana Purchase" was acquired by purchase from France for

fifteen millions of dollars in accordance with the Treaty of Paris of that year. Although the treaty was negotiated on April 30, it was not finally ratified by Congress 'until October 28, following, the resolution of that date to carry it into effect only being passed after much opposition on the part of those who believed that the acquisition of the territory was unwise. The problem of providing for the government of this new acquisition presented features quite different from those which had confronted Congress in the case of the Northwest or Southwest Territories. These new features arose through the fact that the territory acquired, or a portion of it at least, was already in the enjoyment of an established government and that the inhabitants had become accustomed to other forms of political institutions and systems of law. The problem was, thus, to a certain extent one of changing a form of government rather than the creation of a government de novo. The act providing for its immediate government was passed October 31, 1803, and is of peculiar interest, as its provisions have been followed almost verbatim in practically all subsequent action for the first government of territory that has been acquired by the United States through cession from other nations. This act was not intended to establish a permanent form of government for the territory acquired, but merely to make provision for its administration pending the time when such action should be had. Its essential provisions thus read: "That until the expiration of the present session of Congress, unless provision for the temporary government of said territory be sooner made by Congress, all of the military,

civil and judicial powers exercised by the officers of the existing government of the same shall be vested in such person or 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."

The interesting feature of the provision thus made for the immediate government of the Territory of Louisiana, and later for the immediate government of other territory as acquired, lies in the fact that Congress recognized that it was not in possession of that knowledge of the conditions which was necessary to enable it to act intelligently in the elaboration of a complete scheme of government, and that until such information could be acquired the whole matter of the government of the territory should be vested in the executive branch of the government, with full power not only to take immediate action but to modify that action as necessity might arise.

Although this act was intended to be but temporary, it nevertheless gave rise to intense dissatisfaction on the part of the inhabitants of the territory itself, it being claimed by them that an essential provision of the treaty of cession had been violated. The provision referred to was "that the inhabitants of the ceded territory shall be incorporated into the Union of the United States and admitted as soon as possible according to the principles of the Federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the meantime they shall be maintained and protected in

the free enjoyment of their liberty, property and the religion they profess.' Had the act been intended to fix the definite status of the territory there would have been good ground for this dissatisfaction. A fair reading of the clause, however, would seem to bear out the action taken, as it was distinctly stated that the territory should only be incorporated into the Union "as soon as possible.

At any rate, Congress immediately made efforts to meet, in part at least, the wishes of the territory, and, in the two years following the cession, passed three acts having for their purpose the provision of a more liberal form of government for it. The first of these acts was passed March 26, 1804, and divided the territory into two districts: one of which corresponded practically with the present boundaries of the State of Louisiana, and the other included all of the remaining portion of the cession lying to the north. These two divisions were designated, respectively, as "Territory of Orleans" and "Territory of Louisiana." This division of the cession into two districts or Territories was made in consequence of the fact that the northern portion was very thinly settled and comparatively little developed, while the southern portion contained a considerable population and was, consequently, more fitted for a liberal form of government. It will be noted that in the naming of these two divisions the designation of "territory" was applied to one and that of "district" to the other. This distinction was made upon the general theory that newly acquired and sparsely settled territory should first constitute a district and then as it devel