st suited for the protection and
security of the citizens of the United States, and other inhabitants who
might be authorized to take up their abode there, and that must always
depend upon the existing condition of the Territory, as to the number
and character of its inhabitants, and their situation in the Territory.
In some cases a Government, consisting of persons appointed by the
Federal Government, would best subserve the interests of the Territory,
when the inhabitants were few and scattered, and new to one another. In
other instances, it would be more advisable to commit the powers of
self-government to the people who had settled in the Territory, as being
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 a
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 citizen who might go there
to reside, or for any other lawful purpose. It was acquired by the
exercise of this discretion, and it must be held and governed in like
manner, until it is fitted to be a State.

But the power of Congress over the person or property of a 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 Territory becomes a part of the United States, the
Federal Government enters into possession in the character impressed
upon it by those who created it. It enters upon it with its powers over
the citizen strictly defined, and limited by the Constitution, from
which it derives its own existence, and by virtue of which alone it
continues to exist and act as a Government and sovereignty. It has no
power of any kind beyond it; and it cannot, when it enters a Territory
of the United States, put off its character, and assume discretionary or
despotic powers which the Constitution has denied to it. It cannot
create for itself a new character separated from the citizens of the
United States, and the duties it owes them under the provisions of the
Con