U.S. DEPARTMENT OF THE INTERIOR, Order No. 2918, Amendment No. 2 Subject: Government of the Trust Territory of the Pacific Islands. Whereas, on December 27, 1968 the Secretary of the Interior promulgated Secretarial Order No. 2918 relating to the Government of the Trust Territory of the Pacific Islands; and Whereas, the said Order No. 2918 in Section 5 of Part III provides for reapportionment of Congress of Micronesia election districts on the basis of population every 10 years, with the first such reapportionment to be made in 1971; and Whereas, ahe present unavailability of final population figures makes necessary the postponement of such reapportionment until the Congress of Micronesia meets in regular session in 1972; now therefore, the final paragraph of Section 5 of Part III of Secretarial Order No. 2918, as amended, is hereby amended to read as follows: "Election districts shall be reapportioned every 10 years on the basis of population, but each District (as described in Section 39 of the Trust Territory Code), shall be entitled to at least two Representatives. The first such reapportionment shall be made in 1972." ROGERS C. B. MORTON, U.S. DEPARTMENT OF THE INTERIOR, Hon. PHILLIP BURTON, Chairman, Subcommittee on Territorial and Insular Affairs, House of Representatives, Washington, D.C. DEAR MR. BURTON: This is in response to your inquiry of April 28 in which you ask that we detail, in writing, our commitment to your committee concerning consultation on the negotiations pertaining to the future status of the Trust Territory of the Pacific Islands. This commitment was made to your predecessor, Congressman Hugh L. Carey, at a briefing before your subcommittee on June 4, 1970. This briefing concerned the negotiation status at that time. Our commitment to consult with your committee is based on the full recognition that any proposed change in the political status of the Trust Territory of the Pacific Islands requires action by and the support of your committee and the comparable committee in the Senate. This should be the result of periodic consultations between us of the Executive Branch, and your committee. This we intend to do, as significant stages in the negotiations are reached. Sincerely yours, HARRISON LOESCH, Assistant Secretary of the Interior. APRIL 16, 1970. Hon. HUGH L. CAREY, DEAR CONGRESSMAN CAREY: In the absence of Herbert Reis, who is on assignment abroad for the month of April, I will attempt to answer the question you asked Elizabeth Farrington, Director of the Office of Territories, Department of the Interior, at hearings before the Subcommittee on Territorial and Insular Affairs, March 5, 1970. You inquired whether, under the 1947 agreement between the United States and the Security Council of the United Nations concerning Trusteeship for the Trust Territory of the Pacific Islands, the United States has unilateral authority to determine whether the Trust Terri tory shall become associated with the United States, be independent or enjoy some other status and to implement such a decision without approval by the Security Council. Unfortunately, no definitive answer can be given to this question. We administer in the Trust Territory the only strategic trust ever established under the United Nations Charter. Consequently, there are no precedents governing termination or alteration of the trusteeship status. The agreement between the Security Council and the United States, which was approved by the Security Council April 2, 1947 and approved by the President and a joint resolution of the Congress July 18, 1947, and which entered into force on that date, contains no express provision on termination. A number of factors would, however, appear to be relevant in determining when and how the trusteeship status may be terminated or altered. Article 15 of the agreement states that "The terms of the present agreement shall not be altered, amended or terminated without the consent of the administering authority." United Nations functions with regard to the Trust Territory are, of course, exercised by the Security Council. Article 83, paragraph 1, of the United Nations Charter provides that: "All functions of the United Nations relating to the strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council." Paragraph 3 of the same Article further provides: "The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political, economic, social, and educational matters in the strategic areas." Since the Security Council, by its resolution of March 7, 1949, did request and did subsequently receive the assistance of the Trusteeship Council, the Trusteeship Council will share with the Security Council a substantial interest in the development of the relationship between the people of Micronesia and the United States. The United States is obligated, both by the Charter and by the agreement with the Security Council, to act in a manner that will further the development of the Trust Territory to self-determination. This obligation appears most clearly in Article 6 of the agreement, which establishes that "under Article 76(b) of the Charter the administering authority shall: "1. foster the development of such political institutions as are suited to the trust territory and shall promote the development of the inhabitants of the trust territory toward self-government or independence as may be appropriate to the particular circumstances of the trust territory and its peoples and the freely expressed wishes of the peoples concerned; and to this end shall give to the inhabitants of the trust territory a progressively increasing share in the administrative services in the territory; shall develop their participation in government; shall give due recognition to the customs of the inhabitants in providing a system of law for the territory; and shall take other appropriate measures toward these ends ;". and It is apparent that the United States, the people of the Trust Territory, the United Nations all have interests in the status of the Trust Territory that are provided for in the various documents that regulate the Trusteeship. The requirements and procedures for cooperation between the interested parties that this entails are, however, as yet undetermined. At the least no change in status can be effected without the consent of the United States, and no change in status can be effected that does not reflect the obligations assumed by the United States to the people of the Trust Territory under the United Nations Charter and the Trusteeship Agreement. The United States is seeking to prepare the people of the Trust Territory for an act of self-determination which would of necessity precede any alteration in status. We have informed the Trusteeship Council of this, and we would hope to have United Nations observers present at the time of this act, which would presumably be a vote on the status in question. However, in the absence of a more definite decision on what this status might be or when the United States and the people of the Trust Territory might be prepared to exercise it, it is difficult to say what other steps might be taken. I hope this discussion is of use, and I regret its necessarily tentative nature. Please do not hesitate to call upon us if we may be of further assistance. Sincerely yours, JON GREENWALD, Attorney, Office of the Legal Adviser. REVISED VIRGIN ISLANDS OGANIC ACT OF 1954 § 1. [Short title] That this Act may be cited as the "Revised Organic Act of the Virgin Islands". July 22, 1954, ch. 558, § 1, 68 Stat. 497. § 2. [Geographical scope of Act; definition of "Virgin Islands"; territorial designation; powers and legal status of Government; capital and seat of Government] (a) The provisions of this Act, and the name "Virgin Islands" as used in this Act, shall apply to and include the territorial domain, islands, cays, and waters acquired by the United States through cession of the Danish West Indian Islands by the convention between the United States of America and His Majesty the King of Denmark entered into August 4, 1916, and ratified by the Senate on September 7, 1916 (39 Stat. 1706). The Virgin Islands as above described are hereby declared an unincorporated territory of the United States of America. (b) The government of the Virgin Islands shall have the powers set forth in this Act and shall have the right to sue by such name and in cases arising out of contract, to be sued: Provided, That no tort action shall be brought against the government of the Virgin Islands or against any officer or employee thereof in his official capacity without the consent of the legislature constituted by this Act. The capital and seat of government of the Virgin Islands shall be located at the city of Charlotte Amalie, in the island of Saint Thomas. (c) The relations between such government and the Federal Government in all matters not the program responsibility of another Federal department or agency shall be under the general administrative supervision of the Secretary of Interior.-July 22, 1954, ch. 558, § 2, 68 Stat. 497; amended Aug. 23, 1968, Pub. L. 90-496, § 13, 82 Stat. 842. § 3. [Rights and prohibitions] BILL OF RIGHTS No law shall be enacted in the Virgin Islands which shall deprive any person of life, liberty, or property without due process of law or deny to any person therein equal protection of the laws. In all criminal prosecutions the accused shall enjoy the right to be represented by counsel for his defense, to be informed of the nature and cause of the accusation, to have a copy thereof, to have a speedy and public trial, to be confronted with the witnesses against him, and to have a compulsory process for obtaining witnesses in his favor. No person shall be held to answer for a criminal offense without due process of law, and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal cause to give evidence against himself; nor shall any person sit as judge or magistrate in any case in which he has been engaged as attorney or prosecutor. All persons shall be bailable by sufficient sureties in the case of criminal offenses, except for first-degree murder or any capital offense when the proof is evident or the presumption great. Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted. No law impairing the obligation of contracts shall be enacted. No person shall be imprisoned or shall suffer forced labor for debt. All persons shall have the privilege of the writ of habeas corpus and the same shall not be suspended except as herein expressly provided. No ex post facto law or bill of attainder shall be enacted. Private property shall not be taken for public use except upon payment of just compensation ascertained in the manner provided by law. The right to be secure against unreasonable searches and seizures shall not be violated. No warrant for arrest or search shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. Slavery shall not exist in the Virgin Islands. Involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted by a court of law, shall not exist in the Virgin Islands. No law shall be passed abridging the freedom of speech or of the press or the right of the people peaceably to assemble and petition the government for the redress of grievances. No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of the Virgin Islands or of the United States shall be qualified to hold any office of trust or profit under the government of the Virgin Islands. No money shall be paid out of the Virgin Islands treasury except in accordance with an Act of Congress or money bill of the legislature and on warrant drawn by the proper officer. The contracting of polygamous or plural marriages is prohibited. The employment of children under the age of sixteen years in any occupation injurious to health or morals or hazardous to life or limb is prohibited. Nothing contained in this Act shall be construed to limit the power of the legislature herein provided to enact laws for the protection of life, the public health, or the public safety. No political or religious test other than an oath to support the Constitution and the laws of the United States applicable to the Virgin Islands, and the laws of the Virgin Islands, shall be required as a qualification to any office or public trust under the Government of the Virgin Islands. The following provisions of and amendments to the Constitution of the United States are hereby extended to the Virgin Islands to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments, Provided, however, That all offenses shall continue to be prosecuted in the district court by information as heretofore, except such as may be required by local law to be prosecuted by indictment by grand jury. All laws enacted by Congress with respect to the Virgin Islands and all laws enacted by the territorial legislature of the Virgin Islands which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsistency.-July 22, 1954, ch. 558, § 3, 68 Stat. 497; amended Aug. 28, 1958, Pub. L. 85-851, § 1, 72 Stat. 1094; Aug. 23, 1968, Pub. L. 90-496, § 11, 82 Stat. 841, eff. Aug. 23, 1968. FRANCHISE § 4. [Voting franchise; discrimination prohibited] The franchise shall be vested in residents of the Virgin Islands who are citizens of the United States, twenty-one years of age or over. Additional qualifications may be prescribed by the legislature: Provided, however, That no property, language, or income qualification shall ever be imposed upon or required of any voter, nor shall any discrimination in qualification be made or based upon difference in race, color, sex, or religious belief. July 22, 1954, ch. 558, § 4, 68 Stat. 498. LEGISLATIVE BRANCH § 5. [Legislature-Designation and unicameral character] (a) The legislative power and authority of the Virgin Islands shall be vested in a legislature, consisting of one house, to be designated the "Legislature of the Virgin Islands", herein referred to as the legislature. [Composition; legislative districts; method of elections] (b) The legislature shall be composed of fifteen members to be known as senators. The apportionment of the legislature shall be as provided by the laws of the Virgin Islands: Provided, That such apportionment shall not deny to any person in the Virgin Islands the equal protection of the law: And provided further, That every voter in any district election or at large election shall be permitted to vote for the whole number of persons to be elected in that district election or at large election as the case may be. Until the legislature shall provide otherwise, four members shall be elected at large, five shall be elected from the District of Saint Thomas, five from the District of Saint Croix, and one from the District of Saint John, as those Districts were constituted on July 22, 1954.-July 22, 1954, ch. 558, § 5, 68 Stat. 498; amended Aug. 30, 1966, Pub. L. 89-548, § 1, 80 Stat. 371. § 6. [Same Terms of office] (a) The term of office of each member of the legislature shall be two years. The term of office of each member shall commence on the second Monday in January following his election: Provided, however, That the term of office of each member elected in November 1958 shall commence on the second Monday in April 1959 and shall continue until the second Monday in April 1961, and the term of office of each member elected in November 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963. [Qualifications of members] (b) No person shall be eligible to be a member of the legislature who is not a citizen of the United States, who has not attained the age of twenty-five years, who is not a qualified voter in the Virgin Islands, who has not been a bona fide resident of the Virgin Islands for at least three years next preceding the date of his election, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights. Federal employees and persons employed in the legislature, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature. [Appointment of electoral officers] (c) All officers and employees charged with the duty of directing the administration of the electoral system of the Virgin Islands and its representative districts shall be appointed in such manner as the legislature may by law direct Provided, however, That members of boards of elections, which entities of government have been duly organized and established by the government of the Virgin Islands, shall be popularly elected. [Immunity of members] (d) No member of the legislature shall be held to answer before any tribunal other than the legislature for any speech or debate in the legislature and the members shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the sessions of the legislature and in going to and returning from the same. [Compensation and allowances] (e) Each member of the legislature shall be paid such compensation and shall receive such additional allowances or benefits as may be fixed under the laws of the Virgin Islands. Such compensation, allowances, or benefits, together with all other legislative expenses, shall be appropriated by, and paid out of funds of, the government of the Virgin Islands. [Limitations on holding other office] (f) No member of the legislature shall hold or be appointed to any office which has been created by the legislature, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elected, or during one year after the expiration of such term. |