Year: 1860

of the several States acting through


their agent and representative, the Fed
eral Government, who in fact acquired


the Territory in question, and the Gov
ernment holds it for their common use


until it shall be associated with the
other States as a member OF the Union
! But until that time arrives, it is un-


doubtedly necessary that some govern


ment should be esta blished, in order to
organize society, and to protect the in


habitants in their persons and property;


and as the people of the United States


could act in this matter only through


the Government which represented them,


and through which they spoke and acted


when the Territory was obtained, it was
not only within the scope of its powers,
but it was its duty to pass such laws and
establish such government as would
enable those, by whose authority they
acted, to reap the advantages antici-
pated from it's acquisition, and to gather
there population which would enable
it to assume the position to which it was
destined among the States of the Union.
The power to acquire necessarily car
ries with it the power to preserve and
apply to the purposes for which it was
acquired. The form of government to be
established necessarily rested in the dis
cretion of Congress. 1t was their duty
to establish the one that would be best
suited for the protection and security of
the citizens of the United States, and
other inhabitants who might be author
lied to take up their abode there, and
that must always depend upon the exist
ing condition of the Territory, as to the
number and character of it's inhabitants,
and their situation in the Territory. In
some cases government, consisting of
persons appointed by the Federal Gov
ernment, would best subserve the inter-
ests Of the Territory, when the inhabi-
tants were few and scattered, and new
to one another. In other instances, it
would be more advisable to commit the
powers of selfgovernmcnt to the people
who had settled in the Territory, as be-
ing the most competent to determine
what was best for their own interests.
But some form of civil authority would
be absolutely necessary to organize and
preserve civilized society, and prepare
it to become State; and what is the
best form must always depend ON the
condition of the Territory at the time,
and the choice of the mode must depend
upon the exercise of a discretionary
power by Congress, acting within the
scope of its constitutional authority, and
not infringing upon the rights of person
or rights of property Of the citizens who
might go there to reside, or for any other
lawful purpose. 1t was acquired by
the exercise of this discretion, and it
must be held and governed in like man
ner, until it is fitted to be State.


But the power of Congress over the =,
person or property of citizen can never
be a mere discretionary power under our
Constitution and form of Government.
The powers of the Government and the
rights and privileges of the citizen are
regulated, and plainly defined by the
Constitution ITSELF And when the Ter
ritory becomes part of the United
States, the Federal Government enters
into possession in the character i'm
pressed upon it by those who created it.
1t enters upon it with it's powers over
the citizen strictly defined, and limited
by the Constitution. from which it de-
rives it's own existence, and by virtue
of which alone it continues to exist and
act as Government and Sovereignty.
1t has no power of any kind beyond it;
and it cannot, when it enters Terrific
ry of the United States, put off it's char
acter, and assume discretionary or des-
potic powers which the Constitution has
denied to it. 1tscannot create for itself
a new character separated from the citi.
zens of the United States, and the duties
itsowes them under the provisions of the
Constitution The Territory being a
part of the United States, the Govern
ment and the citizen both enter it under
the authority of the Constitution, with
their respective rights defined and
marked out; and the Federal Govern
ment can exercise no power over his
person or property, beyond what that
instrument confers, nor lawfully deny
any right which it has reserved.


A reference to few of the provisions
of the Constitution will illustrate this
proposition.


For example, no one, we presume, will
contend that Congress can make any law
in Territory respecting the establish
ment of religion, or the free exercise
thereof, .or abridging the freedom Of
speech or of the press, or the right of
the people of the Territory peacably
to assemble, and to petition the Govern
ment for the redress of grievances.


Nor can Congress deny to the people
the right to keep and bear arms, nor the
right to trial by jury, nor compel any
one to be witness against himself in a
criminal proceeding.