n such land was held valid.[264]

THE POWER OF THE STATE

No State can tax public lands of the United States within its
borders;[265] nor can State legislation interfere with the power of
Congress under this clause or embarrass its exercise.[266] The question
whether title to land which has once been the property of the United
States has passed from it must be resolved by the laws of the United
States; after title has passed, "that property, like all other property
in the State, is subject to State legislation; so far as that
legislation is consistent with the admission that the title passed and
vested according to the laws of the United States."[267] In construing a
conveyance by the United States of land within a State, the settled and
reasonable rule of construction of the State affords a guide in
determining what impliedly passes to the grantee as an incident to land
expressly granted.[268] But a State statute enacted subsequently to a
federal grant cannot be given effect to vest in the State rights which
either remained in the United States or passed to its grantee.[269]

POWER OF CONGRESS OVER THE TERRITORIES

In the territories, Congress has the entire dominion and sovereignty,
national and local, and has full legislative power over all subjects
upon which a State legislature might act.[270] It may legislate directly
with respect to the local affairs of a territory or it may transfer that
function to a legislature elected by the citizens thereof,[271] which
will then be invested with all legislative power except as limited by
the Constitution of the United States and acts of Congress.[272] In
1886, Congress prohibited the enactment by territorial legislatures of
local or special laws on enumerated subjects.[273] The constitutional
guarantees of private rights are applicable in territories which have
been made a part of the United States by Congressional action,[274] but
not to unincorporated territories.[275] Alaska is of the former
description,[276] while the status of Hawaii appears to be
doubtful.[277] Congress may establish, or may authorize the territorial
legislature to create, legislative courts whose jurisdiction is derived
from statutes enacted pursuant to this section rather than from article
IV.[278] Such courts may exercise admiralty jurisdiction despite the
fact that such jurisdiction may be exercised in the States only by
constitutional courts.[279]

Section 4. The United States shall gua