ed, can suppose that
the attention of the court was drawn for a moment to the question now
before this court, or that it meant in that case to say that Congress
had a right to prohibit a citizen of the United States from taking any
property which he lawfully held into a Territory of the United States.

This brings us to examine by what provision of the Constitution the
present Federal Government, under its delegated and restricted powers,
is authorized to acquire territory outside of the original limits of
the United States, and what powers it may exercise therein over the
person or property of a citizen of the United States, while it remains
a Territory, and until it shall be admitted as one of the States of
the Union.

There is certainly no power given by the Constitution to the Federal
Government to establish or maintain colonies bordering on the United
States or at a distance, to be ruled and governed at its own pleasure;
nor to enlarge its territorial limits in any way, except by the
admission of new States. That power is plainly given; and if a new
State is admitted, it needs no further legislation by Congress,
because the Constitution itself defines the relative rights and
powers, and duties of the State, and the citizens of the State, and
the Federal Government. But no power is given to acquire a Territory
to be held and governed permanently in that character.

And indeed the power exercised by Congress to acquire territory and
establish a Government there, according to its own unlimited
discretion, was viewed with great jealousy by the leading statesmen
of the day. And in the Federalist, (No. 38,) written by Mr. Madison,
he speaks of the acquisition of the Northwestern Territory by the
confederated States, by the cession from Virginia, and the
establishment of a Government there, as an exercise of power not
warranted by the Articles of Confederation, and dangerous to the
liberties of the people. And he urges the adoption of the Constitution
as a security and safeguard against such an exercise of power.

We do not mean, however, to question the power of Congress in this
respect. The power to expand the territory of the United States by the
admission of new States is plainly given; and in the construction of
this power by all the departments of the Government, it has been held
to authorize the acquisition of territory, not fit for admission at
the time, but to be admitted as soon as its population and situati