ng 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.

"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 persons or property of a citizen in the Territory
which is prohibited by the Constitution. The government and its
citizens, whenever the Territory is open to settlement, both enter
it with their respective rights defined and limited by the
Constitution.

"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 terms.

"Every citizen has a right to take with him into the Territory any
article of property which the Constitution of the United States
recognizes as property.

"The Constitution of the United States recognizes slaves as property,
and pledges the Federal Government to protect it. And Congress
cannot exercise any more authority on property of that description
than it may constitutionally exercise over property of any other
kind.

"The act of Congress, therefore, prohibiting a citizen of the United
States from taking with him his slaves when he removes to the
Territory in question to reside, is an exercise of authority over
private property which is not warranted by the Constitution--and
the removal of the plaintiff, by his owner, to that Territory, gave
him no title to freedom.

"The plaintiff himself acquired no title to freedom by being taken
by his owner to Rock Island, in Illinois, and brought back to
Missouri. This court has heretofore decided that the status or
condition of a person of African descent depended on the laws of
the State in which he resided."

Thus the hi