e States when they were colonies
of Great Britain, and which was surrendered by the British Government to
the old Confederation of the States, in the treaty of peace. It does not
apply to territory acquired by the present Federal Government, by treaty
or conquest, from a foreign nation.

The case of the American and Ocean Insurance Companies _v._ Canter (1
Peters, 511) referred to and examined, showing that the decision in this
case is not in conflict with that opinion, and that the court did not,
in the case referred to, decide upon the construction of the clause of
the Constitution above mentioned, because the case before them did not
make it necessary to decide the question.

3. The United States, under the present Constitution, cannot acquire
territory to be held as a colony, to be governed at its will and
pleasure. But it may acquire territory which, at the time, has not a
population that fits it to become a State, and may govern it as a
Territory until it has a population which, in the judgment of Congress,
entitles it to be admitted as a State of the Union.

4. During the time it remains a Territory, Congress may legislate over
it within the scope of its constitutional powers in relation to citizens
of the United States--and may establish a Territorial Government--and
the form of this local Government must be regulated by the discretion of
Congress, but with powers not exceeding those which Congress itself, by
the Constitution, is authorized to exercise over citizens of the United
States, in respect to their rights of persons or rights of property.

IV.

1. The territory thus acquired, is acquired by the people of the United
States for their common and equal benefit, through their agent and
trustee, the Federal Government. Congress can exercise no power over the
rights of person or property of a citizen in the Territory which is
prohibited by the Constitution. The Government and the citizen, whenever
the Territory is open to settlement, both enter it with their respective
rights defined and limited by the Constitution.

2. Congress has no right to prohibit the citizens of any particular
State or States from taking up their home there, while it permits
citizens of other States to do so. Nor has it a right to give privileges
to one class of citizens which it refuses to another. The territory is
acquired for their equal and common benefit--and if open to any, it must
be open to all upon equal and the same te