stitution. The Territory being a part of the United States, the
Government and the citizen both enter it under the authority of the
Constiution, with their respective rights defined and marked out; and
the Federal Government 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 a 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 a Territory respecting the establishment 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 Government 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 a witness against
himself in a criminal proceeding.

These powers, and others, in relation to rights of person, which it is
not necessary here to enumerate, are, in express and positive terms,
denied to the General Government; and the rights of private property
have been guarded with equal care. Thus the rights of property are
united with the rights of person, and placed on the same ground by the
fifth amendment to the Constitution, which provides that no person shall
be deprived of life, liberty, and property, without due process of law.
And an act of Congress which deprives a citizen of the United States of
his liberty or property, merely because he came himself or brought his
property into a particular Territory of the United States, and who had
committed no offense against the laws, could hardly be dignified with
the name of due process of law.

So, too, it will hardly be contended that Congress could by law quarter
a soldier in a house in a Territory without the consent of the owner, in
time of peace; nor in time of war, but in a manner prescribed by law.
Nor could they by law forfeit the property of a citizen in a Territory
who was convicted of treason, for a longer period than the life of the
person convicted; nor take private property for public use without just
compensation.

The powers over person and property of which we speak are not only not
granted to Congress, but are in express terms denied, and they are
forbidden to exercise them. And this prohibition is not confined to the
States, bu