Rule by Territorial Law

 

Territorial America

PROCLAMATION!

Rule by Territorial Law

By Stephen L. Wilmeth

 

            I invoke the aid and co-operation of all citizens of the Territory in my efforts to establish a government whereby the security of life and property will be maintained throughout it limits, and it varied resources be rapidly and successfully developed.

                                                                             ~ John N. Goodwin

                                                                                               Territorial Governor

                                                                                               Territory of Arizona

 

            Exactly 158 years ago on December 29, John Goodwin from Maine took over the reins of Arizona Territory as the appointed territorial governor. He had originally been appointed to become Chief Justice of the territory, but that came to abrupt halt when the original appointed governor from Ohio, John A. Gurley, died. Mr. Goodwin was in New York on his way to Washington to be sworn in when the death of Gurley occurred. A week later, he was on his way west as the newly appointed governor.

            It’s a long way from Washington to Navajo Springs, Arizona Territory (40 miles west of what is now known as Zuni, New Mexico), but it was accomplished with an escort and heavy train, over the plains and mountains, at a severe season of the year. Along the way there were many stops. On November 11, they reached Santa Fe, and on the 28^th they finally reached Albuquerque. By December 13 they were at Ft. Wingate, and, finally, on December 17 the appointed territorial administrators from (the noted) Maine, Wisconsin, New York, Michigan, Connecticut, Pennsylvania, Kentucky, Iowa, and, finally, California arrived to mark their legacy and contribution to these United States of America. Not one of them was elected to their new roles as overseers of what would become Arizona and New Mexico. With them to wrangle, saddle and harness the mules and horses, follow the trails, select and make camp, cook the meals, chop the wood, pack the panniers, pour the brandy and pass out the cigars were what could be described as natives.

            In more ways than one, that same arrangement could be argued to be in place to this day.

            Rule by Territorial Law

            The authority giving these men power over the territory was derived from the Organic Act of the Territory as signed into law by President Lincoln February 18 of the same year. The act was intended to provide a temporary government for the territory until such time as the people residing in said Territory shall, with the consent of Congress, form a State government, republican in form, as prescribed in the Constitution of the United States, and apply for an obtain admission into the United States as a State, …

            What didn’t take happen as noted in the continuation of the verbiage of Section 1 of the proclamation was … on an equal footing with the original States. That promise never took place. The indicator is the dominion of ownership of the land. Over 60% of the original territory remains in the ownership of one form of government or another and not the citizenry. As such, that majority interest is overseen by unelected officials similarly to the original cadre of appointed, temporary governing officials of the U.S.

            Promptly at 4:00 PM on that day in 1863, the escort and citizens were assembled and the Secretary (of state/territory), Mr. McCormick brought the ceremony to order:

            Gentlemen, as the properly qualified officer, it becomes my duty to inaugurate the proceeding of the day. After a long and trying journey, we have arrived within the limits of the Territory of Arizona.

            After hoisting the flag, the various oaths of office were taken. The Proclamation was then read in English by Mr. McCormick and in Spanish by Mr. Read. The fledgling government was in business.

            Forty-eight years later in 1912, the territory was admitted into the union as two separate states. New Mexico became a State in January of that year while Arizona was admitted similarly one month and eight days later. Notwithstanding original intent, unelected officials and bureaucrats continue to manage and control over half the surface area of both states. By lingering fiat, that majority of ownership reveals that territorial law and regulatory policies remain in place on these states by the condition of oversight and administrative authority.

Territorial America

            It doesn’t take much imagination to recognize the same unelected establishment gaining similar authority over every aspect of American culture.

            A few writers have started suggesting these strongholds are pseudo religious groups. Others will say they are cults that have infiltrated every governing body. If they aren’t named specifically, they can be grouped by association. The climate club has become mainstream. The extinction mourners are becoming local in pursuit of species protections. The no borders crowd have sought control the most dangerous border in the entire world, our southern frontier with Mexico. The LGBTQIA society seeks to uncover and court every evolving sexual derivative.

The list goes on.

            The standards including labor unions, education overlords, women’s rightists, the abortion syndicates, and the natural disaster help organizations have gained not just power, but branch level authority within the government. The outcome is obvious. We are no longer ruled by original intent.

            The condition mirrors the plight of what must be termed the unequal states, those states like Arizona and New Mexico that were never granted full, constitutional rights. Territorial America is much more deeply rooted than anybody wants to admit much less comprehend, but the nation is getting a bellyful of its taste.

            This raging pandemic that continues to kill on par with the common flu is being revealed as territorial law at its zenith. Unelected agency strongmen and bureaucrats are running our show, and, if wasn’t so serious and dangerous, it would be hilarious. Little zealots seeking alpha roles within their organized universes have captured our entire society.

            If there is a lesson to be learned, original intent is the place to start, but … that seems like a yet longer and impossible trail.

 

            Stephen L. Wilmeth is a rancher from southern New Mexico. “Tribulation has meaning and consequences.”

Wilmeth makes two very interesting points. 

The first - comparing Territorial appointees to today's federal officials - is a perfect fit.

The second - concerning the equal footing doctrine - is also  one which I agree is appropriate. Any practical, common sense interpretation of the phrase would agree. How could you compare the Governor of Nevada, who was sovereign over 13 percent of the land area in his state, with those who were sovereign over almost all lands within the exterior boundaries of the state? Doesn't seem equal to me.

I looked into this years ago, during the Sagebrush Rebellion. Surprise, but the federales and their flannel-mouthed attorneys didn't agree. This is strictly from memory, as I don't have the time or the inclination to go look it all up again. The federales argued the phrase referred to political equality. For instance a state, no mattter how small their population. was entitled to two Senators, just like, or equal to, the larger, more populous states. This political equal footing seemed to carry the day until the issue of slavery destroyed it. Originally, once a state was admitted to the union, it was up to the state to decide if it would be a free or a slave state. In one of the compromises reached by Congress it was agreed that certain states would be admitted to the union only on the condition they would be a free state. In other words, they were denied the authority to make that decision as a state, meaning they weren't admitted on an equal footing with other states. Even the political equal footing was now gone.

As far as the land was concerned, Congress did a damn poor job of expressing their intent. It was one of those things that was just assumed. Assumed that these lands would be either sold or transferred just as they had been in prior states. Even the Property Clause of the Constitution states, "Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States." That sealed the deal for me. The only authority they had was to dispose of the land, meaning transfer out of federal ownership. Enter the federales again, who claimed dispose of meant come to a final disposition of the land's' status. If Congress decided to retain these lands, they had come to a final disposition, i.e. disposed of the issue.

I share all this not because I like it, or even agree with it. I put it out there so that everyone knows when dealing with Congress you better make sure the words and their meaning are completely and explicitly explained. Otherwise, you will end up with dispose meaning retain.

~~Frank DuBois