Organized incorporated territories of the United States
Encyclopedia
Organized incorporated territories are those territories of the United States that are both incorporated
(part of the United States proper) and organized (having an organized government authorized by an Organic Act
passed by the U.S. Congress
usually consisting of a territorial legislature, territorial governor, and a basic judicial system).
Through most of U.S. history, regions that were admitted as U.S. state
s were, prior to admission, territories of this kind. As the United States grew, the most populous parts of the organized territory would achieve statehood. The remainder
frequently kept at least some of the governing structure of the old legal entity
(territory) and would be renamed to avoid confusion.
Some examples of this progression include (each grouping involves an original territory's lands legally disposed of over time from left to right):
Many such regions took a further decades long growth period before their incorporated lands could petition for admission as states. For instance, parts of both the original Louisiana Territory and the younger Oregon Territory
took over fifty years to achieve statehoodIdaho
and Montana
.
, the unorganized territory
in equatorial waters far south of the State of Hawaii
. The atoll under international law is an incorporated territory by 'explorers claim' and after serving in World War II
as a supply and patrol base is only used today by a variable number of staff and researchers. The atoll also happens to be unorganized because it has no permanent occupants to petition for change, just the (rotating) assigned and visiting federal employees.
The District of Columbia is functionally similar to an incorporated territory, being fully a part of the United States as a non-state, but is classified separately as it was established under the unique constitutional provision for a federal capital
rather than through Congressional authority over federal territory generally.
All other current U.S. territories are unincorporated
(meaning that they are not fully part of the United States, with all aspects of the United States Constitution
applying automatically), whereas other former incorporated territories are now states
.
on the first date listed. Each was admitted as a U.S. state
(of the same name, except where noted) on the second date listed. Often, larger outlying portions of a organized territory were not included in the new state.
This declaration, although somewhat changed in phraseology, is the equivalent, as pointed out in Downes v. Bidwell, of the formula, employed from the beginning to express the purpose to incorporate acquired territory into the United States. Here we see that the act of incorporation is on the people of the territory, not on the territory per se, by extending the privileges and immunities clause of the Constitution to them.
Alaska Territory
The Rassmussen v. The United States (197 U.S. 516, 522 (1905)) case arose out of a misdemeanor conviction in Alaska
by a jury composed of six persons pursuant to a federal statute allowing such a procedure in Alaska. In a decision written by Justice White, a majority of the Justices concluded that Alaska had been incorporated into the United States because the treaty of cession with Russia specifically declared that "the inhabitants of the ceded territory shall be admitted to the enjoyment of all the rights,advantages and immunities of citizens of the United States.
Florida Territory
In Dorr v. USA (195 U.S. 138, 141-142 (1904)) Justice Marshall is quoted more extensively as follows:
Downes vs Bidwell, 182 U.S. 244, 256 (1901) Justice Brown says::
Southwest Territory
In Downes v. Bidwell, 182 U.S. 244, 321 (1901) the first mention of incorporation is made in the following paragraph by Mr. Justice Brown:
Louisiana Territory
Downes v. Bidwell, 182 U.S. 244, 252 (1901) it was said:
The Supreme Court of the United States is unanimous in its interpretation that the extension of the privileges and immunities clause of the Constitution of the United States to the inhabitants of a territory in effect produces the incorporation of that territory.
The net effect of incorporation is that the territory becomes an integral part of the geographical boundaries of the United States and cannot, from then on, be separated. Indeed, the whole body of the U.S. Constitution is extended to the inhabitants of that territory, except for those provisions that relate to its federal character.
More so, the needful rules and regulations of the territorial clause must yield to the Constitution and the inherent constraints imposed on it in dealing with the privileges and immunites of the inhabitants of the incorporated territory.
Notice must be taken that incorporation of a territory takes place through the incorporation of its inhabitants, not of the territory per se. As such, those inhabitants receive the full impact of the U.S. Constitution, except for those provisions that deal specifically with the federal character of the Union.
Incorporated territory
Territories of the United States are one of the four types of political division of the United States, overseen directly by the federal government of the United States and not any part of a U.S. state. These territories were created to govern newly acquired land while the borders of the United...
(part of the United States proper) and organized (having an organized government authorized by an Organic Act
Organic Act
An Organic Act, in United States law, is an Act of the United States Congress that establishes a territory of the United States or an agency to manage certain federal lands. The first such act was the Northwest Ordinance, enacted by the Congress of the Confederation in 1787 in order to create the...
passed by the U.S. Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
usually consisting of a territorial legislature, territorial governor, and a basic judicial system).
Through most of U.S. history, regions that were admitted as U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s were, prior to admission, territories of this kind. As the United States grew, the most populous parts of the organized territory would achieve statehood. The remainder
Unorganized territory
An unorganized territory is a region of land without a "normally" constituted system of government. This does not mean that the territory has no government at all or that it is unclaimed territory...
frequently kept at least some of the governing structure of the old legal entity
Legal personality
Legal personality is the characteristic of a non-human entity regarded by law to have the status of a person....
(territory) and would be renamed to avoid confusion.
Some examples of this progression include (each grouping involves an original territory's lands legally disposed of over time from left to right):
- Louisiana TerritoryLouisiana TerritoryThe Territory of Louisiana or Louisiana Territory was an organized incorporated territory of the United States that existed from July 4, 1805 until June 4, 1812, when it was renamed to Missouri Territory...
to LouisianaLouisianaLouisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, Missouri TerritoryMissouri TerritoryThe Territory of Missouri was an organized incorporated territory of the United States that existed from June 4, 1812 until August 10, 1821, when the southeastern portion of the territory was admitted to the Union as the State of Missouri.-History:...
, MissouriMissouriMissouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
including Utah and Colorado (and numerous progressions settling the organization of the following spin-offs) or - Iowa TerritoryIowa TerritoryThe Territory of Iowa was an organized incorporated territory of the United States that existed from July 4, 1838, until December 28, 1846, when the southeastern portion of the territory was admitted to the Union as the State of Iowa.-History:...
to Dakota TerritoryDakota TerritoryThe Territory of Dakota was an organized incorporated territory of the United States that existed from March 2, 1861, until November 2, 1889, when the final extent of the reduced territory was split and admitted to the Union as the states of North and South Dakota.The Dakota Territory consisted of... - Oregon CountryOregon CountryThe Oregon Country was a predominantly American term referring to a disputed ownership region of the Pacific Northwest of North America. The region was occupied by British and French Canadian fur traders from before 1810, and American settlers from the mid-1830s, with its coastal areas north from...
, Oregon TerritoryOregon TerritoryThe Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
, OregonOregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
and Washington TerritoryWashington TerritoryThe Territory of Washington was an organized incorporated territory of the United States that existed from February 8, 1853, until November 11, 1889, when the final extent of the territory was admitted to the Union as the State of Washington....
to WyomingWyomingWyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
, NebraskaNebraskaNebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, Idaho TerritoryIdaho TerritoryThe Territory of Idaho was an organized incorporated territory of the United States that existed from March 4, 1863, until July 3, 1890, when the final extent of the territory was admitted to the Union as the State of Idaho.-1860s:...
, IdahoIdahoIdaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, Montana TerritoryMontana TerritoryThe Territory of Montana was an organized incorporated territory of the United States that existed from May 28, 1864, until November 8, 1889, when it was admitted to the Union as the State of Montana.-History:...
and MontanaMontanaMontana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
.
Many such regions took a further decades long growth period before their incorporated lands could petition for admission as states. For instance, parts of both the original Louisiana Territory and the younger Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
took over fifty years to achieve statehoodIdaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
and Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
.
Current territory
In , the only incorporated territory of the U.S. is neither an organized possession nor populatedPalmyra AtollPalmyra Atoll
Palmyra Atoll is an essentially unoccupied equatorial Northern Pacific atoll administered as an unorganized incorporated territory by the United States federal government...
, the unorganized territory
Unorganized territory
An unorganized territory is a region of land without a "normally" constituted system of government. This does not mean that the territory has no government at all or that it is unclaimed territory...
in equatorial waters far south of the State of Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
. The atoll under international law is an incorporated territory by 'explorers claim' and after serving in World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
as a supply and patrol base is only used today by a variable number of staff and researchers. The atoll also happens to be unorganized because it has no permanent occupants to petition for change, just the (rotating) assigned and visiting federal employees.
The District of Columbia is functionally similar to an incorporated territory, being fully a part of the United States as a non-state, but is classified separately as it was established under the unique constitutional provision for a federal capital
District of Columbia voting rights
Voting rights of citizens in the District of Columbia differ from those of United States citizens in each of the fifty states. District of Columbia residents do not have voting representation in the United States Senate, but D.C. is entitled to three electoral votes for President. In the U.S...
rather than through Congressional authority over federal territory generally.
All other current U.S. territories are unincorporated
Unincorporated territories of the United States
Unincorporated territory is a legal term of art in United States law denoting an area controlled by the government of the United States, but which is not a part of the United States proper ....
(meaning that they are not fully part of the United States, with all aspects of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
applying automatically), whereas other former incorporated territories are now states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
.
List of organized incorporated territories
The following territories within the United States were officially organized by Congress with an Organic ActOrganic Act
An Organic Act, in United States law, is an Act of the United States Congress that establishes a territory of the United States or an agency to manage certain federal lands. The first such act was the Northwest Ordinance, enacted by the Congress of the Confederation in 1787 in order to create the...
on the first date listed. Each was admitted as a U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
(of the same name, except where noted) on the second date listed. Often, larger outlying portions of a organized territory were not included in the new state.
- Northwest TerritoryNorthwest TerritoryThe Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...
(1787–1803) became the State of OhioOhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
and the Indiana TerritoryIndiana TerritoryThe Territory of Indiana was an organized incorporated territory of the United States that existed from July 4, 1800, until November 7, 1816, when the southern portion of the territory was admitted to the Union as the state of Indiana.... - Southwest TerritorySouthwest TerritoryThe Territory South of the River Ohio, more commonly known as the Southwest Territory, was an organized incorporated territory of the United States that existed from May 26, 1790, until June 1, 1796, when it was admitted to the United States as the State of Tennessee.The Southwest Territory was...
(1790–1796) became the State of TennesseeTennesseeTennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area... - Mississippi TerritoryMississippi TerritoryThe Territory of Mississippi was an organized incorporated territory of the United States that existed from April 7, 1798, until December 10, 1817, when the final extent of the territory was admitted to the Union as the state of Mississippi....
(1798–1817) - Indiana TerritoryIndiana TerritoryThe Territory of Indiana was an organized incorporated territory of the United States that existed from July 4, 1800, until November 7, 1816, when the southern portion of the territory was admitted to the Union as the state of Indiana....
(1800–1816) - Territory of Orleans (1804–1812) became the State of LouisianaLouisianaLouisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
- Michigan TerritoryMichigan TerritoryThe Territory of Michigan was an organized incorporated territory of the United States that existed from June 30, 1805, until January 26, 1837, when the final extent of the territory was admitted to the Union as the State of Michigan...
(1805–1837) - Louisiana TerritoryLouisiana TerritoryThe Territory of Louisiana or Louisiana Territory was an organized incorporated territory of the United States that existed from July 4, 1805 until June 4, 1812, when it was renamed to Missouri Territory...
(1805–1812), renamed Missouri TerritoryMissouri TerritoryThe Territory of Missouri was an organized incorporated territory of the United States that existed from June 4, 1812 until August 10, 1821, when the southeastern portion of the territory was admitted to the Union as the State of Missouri.-History:...
(1812–1821) - Illinois TerritoryIllinois TerritoryThe Territory of Illinois was an organized incorporated territory of the United States that existed from March 1, 1809, until December 3, 1818, when the southern portion of the territory was admitted to the Union as the State of Illinois. The area was earlier known as "Illinois Country" while under...
(1809–1818) - Alabama TerritoryAlabama TerritoryThe Territory of Alabama was an organized incorporated territory of the United States that existed from August 15, 1817, until December 14, 1819, when it was admitted to the Union as the State of Alabama.-History:...
(1817–1819) - Arkansas TerritoryArkansas TerritoryThe Territory of Arkansas, initially organized as the Territory of Arkansaw, was an organized incorporated territory of the United States that existed from July 4, 1819 until June 15, 1836, when the final extent of the territory was admitted to the Union as the State of Arkansas.-History:The...
(1819–1836) - Florida TerritoryFlorida TerritoryThe Territory of Florida was an organized incorporated territory of the United States that existed from March 30, 1822, until March 3, 1845, when it was admitted to the Union as the State of Florida...
(1822–1845) - Wisconsin TerritoryWisconsin TerritoryThe Territory of Wisconsin was an organized incorporated territory of the United States that existed from July 3, 1836, until May 29, 1848, when an eastern portion of the territory was admitted to the Union as the State of Wisconsin...
(1836–1848) - Iowa TerritoryIowa TerritoryThe Territory of Iowa was an organized incorporated territory of the United States that existed from July 4, 1838, until December 28, 1846, when the southeastern portion of the territory was admitted to the Union as the State of Iowa.-History:...
(1838–1846) - Oregon TerritoryOregon TerritoryThe Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
(1848–1859) - Minnesota TerritoryMinnesota TerritoryThe Territory of Minnesota was an organized incorporated territory of the United States that existed from March 3, 1849, until May 11, 1858, when the eastern portion of the territory was admitted to the Union as the State of Minnesota.-History:...
(1849–1858) - New Mexico TerritoryNew Mexico Territorythumb|right|240px|Proposed boundaries for State of New Mexico, 1850The Territory of New Mexico was an organized incorporated territory of the United States that existed from September 9, 1850, until January 6, 1912, when the final extent of the territory was admitted to the Union as the State of...
(1850–1912) - Utah TerritoryUtah TerritoryThe Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah....
(1850–1896) - Washington TerritoryWashington TerritoryThe Territory of Washington was an organized incorporated territory of the United States that existed from February 8, 1853, until November 11, 1889, when the final extent of the territory was admitted to the Union as the State of Washington....
(1853–1889) - Kansas TerritoryKansas TerritoryThe Territory of Kansas was an organized incorporated territory of the United States that existed from May 30, 1854, until January 29, 1861, when the eastern portion of the territory was admitted to the Union as the State of Kansas....
(1854–1861) - Nebraska TerritoryNebraska TerritoryThe Territory of Nebraska was an organized incorporated territory of the United States that existed from May 30, 1854, until March 1, 1867, when the final extent of the territory was admitted to the Union as the State of Nebraska. The Nebraska Territory was created by the Kansas–Nebraska Act of 1854...
(1854–1867) - Colorado TerritoryColorado TerritoryThe Territory of Colorado was an organized incorporated territory of the United States that existed from February 28, 1861, until August 1, 1876, when it was admitted to the Union as the State of Colorado....
(1861–1876) - Nevada TerritoryNevada TerritoryThe Territory of Nevada was an organized incorporated territory of the United States that existed from March 2, 1861, until October 31, 1864, when it was admitted to the Union as the State of Nevada....
(1861–1864) - Dakota TerritoryDakota TerritoryThe Territory of Dakota was an organized incorporated territory of the United States that existed from March 2, 1861, until November 2, 1889, when the final extent of the reduced territory was split and admitted to the Union as the states of North and South Dakota.The Dakota Territory consisted of...
(1861–1889) became the States of North DakotaNorth DakotaNorth Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
and South DakotaSouth DakotaSouth Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over... - Arizona TerritoryArizona TerritoryThe Territory of Arizona was an organized incorporated territory of the United States that existed from February 24, 1863 until February 14, 1912, when it was admitted to the Union as the 48th state....
(1863–1912) - Idaho TerritoryIdaho TerritoryThe Territory of Idaho was an organized incorporated territory of the United States that existed from March 4, 1863, until July 3, 1890, when the final extent of the territory was admitted to the Union as the State of Idaho.-1860s:...
(1863–1890) - Montana TerritoryMontana TerritoryThe Territory of Montana was an organized incorporated territory of the United States that existed from May 28, 1864, until November 8, 1889, when it was admitted to the Union as the State of Montana.-History:...
(1864–1889) - Wyoming TerritoryWyoming TerritoryThe Territory of Wyoming was an organized incorporated territory of the United States that existed from July 25, 1868, until July 10, 1890, when it was admitted to the Union as the State of Wyoming. Cheyenne was the territorial capital...
(1868–1890) - Oklahoma TerritoryOklahoma TerritoryThe Territory of Oklahoma was an organized incorporated territory of the United States that existed from May 2, 1890, until November 16, 1907, when it was joined with the Indian Territory under a new constitution and admitted to the Union as the State of Oklahoma.-Organization:Oklahoma Territory's...
(1889–1907) - Hawaii Territory (1900–1959)
- Alaska TerritoryAlaska TerritoryThe Territory of Alaska was an organized incorporated territory of the United States that existed from August 24, 1912, until January 3, 1959, when it was admitted to the Union as the State of Alaska...
(1912–1959)
Decisions of the U.S. Supreme Court related to the Incorporation of the Territories
"The inhabitants of the ceded territory . . . shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States;This declaration, although somewhat changed in phraseology, is the equivalent, as pointed out in Downes v. Bidwell, of the formula, employed from the beginning to express the purpose to incorporate acquired territory into the United States. Here we see that the act of incorporation is on the people of the territory, not on the territory per se, by extending the privileges and immunities clause of the Constitution to them.
Alaska Territory
Alaska Territory
The Territory of Alaska was an organized incorporated territory of the United States that existed from August 24, 1912, until January 3, 1959, when it was admitted to the Union as the State of Alaska...
The Rassmussen v. The United States (197 U.S. 516, 522 (1905)) case arose out of a misdemeanor conviction in Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
by a jury composed of six persons pursuant to a federal statute allowing such a procedure in Alaska. In a decision written by Justice White, a majority of the Justices concluded that Alaska had been incorporated into the United States because the treaty of cession with Russia specifically declared that "the inhabitants of the ceded territory shall be admitted to the enjoyment of all the rights,advantages and immunities of citizens of the United States.
Florida Territory
Florida Territory
The Territory of Florida was an organized incorporated territory of the United States that existed from March 30, 1822, until March 3, 1845, when it was admitted to the Union as the State of Florida...
In Dorr v. USA (195 U.S. 138, 141-142 (1904)) Justice Marshall is quoted more extensively as follows:
The 6th article of the treaty of cession contains the following provision:
The inhabitants of the territories which His Catholic Majesty cedes the United States by this treaty shall be incorporated in the Union of the United States as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of the privileges, rights, and immunities of the citizens of the United States. [8 Stat. at L. 256.]
[195 U.S. 138, 142] 'This treaty is the law of the land, and admits the inhabitants of Florida to the enjoyment of the privileges, rights, and immunities of the citizens of the United States. It is unnecessary to inquire whether this is not their condition, independent of stipulation. They do not, however, participate in political power; they do not share in the government till Florida shall become a state. In the meantime Florida continues to be a territory of the United States, governed by virtue of that clause in the Constitution which empowers Congress 'to make all needful rules and regulations respecting the territory or other property belonging to the United States."
Downes vs Bidwell, 182 U.S. 244, 256 (1901) Justice Brown says::
"The same construction was adhered to in the treaty with Spain for the purchase of Florida (8 Stat. at L. 252) the 6th article of which provided that the inhabitants should 'be incorporated into the Union of the United States, as soon as may be consistent with the principles of the Federal Constitution;"
Southwest Territory
Southwest Territory
The Territory South of the River Ohio, more commonly known as the Southwest Territory, was an organized incorporated territory of the United States that existed from May 26, 1790, until June 1, 1796, when it was admitted to the United States as the State of Tennessee.The Southwest Territory was...
In Downes v. Bidwell, 182 U.S. 244, 321 (1901) the first mention of incorporation is made in the following paragraph by Mr. Justice Brown:
In view of this it cannot, it seems to me, be doubted that the United States continued to be composed of states and territories, all forming an integral part thereof and incorporated therein, as was the case prior to the adoption of the Constitution. Subsequently, the territory now embraced in the state of Tennessee was ceded to the United States by the state of North Carolina. In order to insure the rights of the native inhabitants, it was expressly stipulated that the inhabitants of the ceded territory should enjoy all the rights, privileges, benefits, and advantages set forth in the ordinance 'of the late Congress for the government of the western territory of the United [182 U.S. 244, 322] States.' (Our emphasis).
Louisiana Territory
Louisiana Territory
The Territory of Louisiana or Louisiana Territory was an organized incorporated territory of the United States that existed from July 4, 1805 until June 4, 1812, when it was renamed to Missouri Territory...
Downes v. Bidwell, 182 U.S. 244, 252 (1901) it was said:
"Owing to a new war between England and France being upon the point of breaking out, there was need for haste in the negotiations, and Mr. Livingston took the responsibility of disobeying his (Mr. Jefferson's) instructions, and, probably owing to the insistence of Bonaparte, consented to the 3d article of the treaty (with France to acquire the territory of Louisiana), which provided that 'the inhabitants of the ceded territory shall be incorporated in 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 which they profess.' [8 Stat. at L. 202.]
This evidently committed the government to the ultimate, but not to the immediate, admission of Louisiana as a state....”
The Supreme Court of the United States is unanimous in its interpretation that the extension of the privileges and immunities clause of the Constitution of the United States to the inhabitants of a territory in effect produces the incorporation of that territory.
The net effect of incorporation is that the territory becomes an integral part of the geographical boundaries of the United States and cannot, from then on, be separated. Indeed, the whole body of the U.S. Constitution is extended to the inhabitants of that territory, except for those provisions that relate to its federal character.
More so, the needful rules and regulations of the territorial clause must yield to the Constitution and the inherent constraints imposed on it in dealing with the privileges and immunites of the inhabitants of the incorporated territory.
Notice must be taken that incorporation of a territory takes place through the incorporation of its inhabitants, not of the territory per se. As such, those inhabitants receive the full impact of the U.S. Constitution, except for those provisions that deal specifically with the federal character of the Union.
Other notes
- Common regional names such as Louisiana PurchaseLouisiana PurchaseThe Louisiana Purchase was the acquisition by the United States of America of of France's claim to the territory of Louisiana in 1803. The U.S...
, Indian TerritoryIndian TerritoryThe Indian Territory, also known as the Indian Territories and the Indian Country, was land set aside within the United States for the settlement of American Indians...
, and Oregon CountryOregon CountryThe Oregon Country was a predominantly American term referring to a disputed ownership region of the Pacific Northwest of North America. The region was occupied by British and French Canadian fur traders from before 1810, and American settlers from the mid-1830s, with its coastal areas north from...
were never formally organized as territories. - During the American Civil WarAmerican Civil WarThe American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, there was (at least nominally) a Confederate-established Arizona TerritoryArizona Territory (CSA)The Territory of Arizona was a territory claimed by the Confederate States of America during the American Civil War, between 1861 and 1865. It consisted of the portion of the New Mexico Territory south of the 34th parallel north including parts of the modern states of New Mexico and Arizona. Its...
(1861–1865), which split Arizona and New Mexico along an east-west line, rather than the Union-established north-south line that persists today. See article for map. - Of the current 50 U.S. stateU.S. stateA U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s, 31 were at one time or another part of a U.S. territory. The exceptions include: the original Thirteen ColoniesThirteen ColoniesThe Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
; KentuckyKentuckyThe Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
and West VirginiaWest VirginiaWest Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
(both split off from VirginiaVirginiaThe Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
); MaineMaineMaine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
(split off from MassachusettsMassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
); CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
(created as a state out of the unorganized territory of the Mexican CessionMexican CessionThe Mexican Cession of 1848 is a historical name in the United States for the region of the present day southwestern United States that Mexico ceded to the U.S...
); and VermontVermontVermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
and TexasTexasTexas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
(both previously self-declared republics). - Since 1959, there have been no incorporated U.S. territories formally organized by an Organic Act.
- On October 10, 2008, a case in the United States District Court for the District of Puerto RicoUnited States District Court for the District of Puerto RicoThe United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario U.S. Courthouse located in the Hato Rey district of San Juan...
declared that Puerto RicoPuerto RicoPuerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
no longer remain an unincorporated territory. The court says that although Congress has never enacted any affirmative language such as “Puerto Rico is hereby an incorporated territory,” its sequence of legislative actions from 1900 to present has in fact incorporated the territory. The court elaborated that the Congressional incorporation of Puerto Rico throughout the past century has extended the entire Constitution to the island, and today entitles the territory and United States citizens thereof to full enjoyment of all rights and obligations under the Constitution. Given the same, the territory has evolved from an unincorporated to an incorporated.
See also
- Historic regions of the United StatesHistoric regions of the United StatesThis is a list of historic regions of the United States.-Colonial era :-The Thirteen Colonies:* Connecticut Colony* Delaware Colony* Province of Georgia* Province of Maryland...
- Insular areaInsular areaAn insular area is a United States territory, that is neither a part of one of the fifty U.S. states nor the District of Columbia, the federal district of the United States...
s of the United States - Political divisions of the United StatesPolitical divisions of the United StatesThe political units and divisions of the United States include:*The 50 states are subdivided into counties . The counties may be further subdivided into townships, or towns in New York and New England...
- Territorial evolution of the United StatesTerritorial evolution of the United StatesThis is a list of the evolution of the borders of the United States. This lists each change to the internal and external borders of the country, as well as status and name changes. It also shows the surrounding areas that eventually became part of the United States...
- Territories of the United States