arious public acts of cession, became jointly
interested in territory, and concerned to dispose of and make all
needful rules and regulations respecting it. It is a conclusion not
open to discussion in this court, "that there was no territory within
the (original) United States, that was claimed by them in any other
right than that of some of the confederate States." (Harcourt _v._
Gaillord, 12 Wh., 523.) "The question whether the vacant lands within
the United States," says Chief Justice Marshall, "became joint
property, or belonged to the separate States, was a momentous
question, which threatened to shake the American Confederacy to its
foundations. This important and dangerous question has been
compromised, and the compromise is not now to be contested." (6 C.R.,
87.)

The cessions of the States to the Confederation were made on the
condition that the territory ceded should be laid out and formed into
distinct republican States, which should be admitted as members to the
Federal Union, having the same rights of sovereignty, freedom, and
independence, as the other States. The first effort to fulfil this
trust was made in 1785, by the offer of a charter or compact to the
inhabitants who might come to occupy the land.

Those inhabitants were to form for themselves temporary State
Governments, founded on the Constitutions of any of the States, but to
be alterable at the will of their Legislature; and permanent
Governments were to succeed these, whenever the population became
sufficiently numerous to authorize the State to enter the Confederacy;
and Congress assumed to obtain powers from the States to facilitate
this object. Neither in the deeds of cession of the States, nor in
this compact, was a sovereign power for Congress to govern the
Territories asserted. Congress retained power, by this act, "to
dispose of and to make rules and regulations respecting the public
domain," but submitted to the people to organize a Government
harmonious with those of the confederate States.

The next stage in the progress of colonial government was the adoption
of the ordinance of 1787, by eight States, in which the plan of a
Territorial Government, established by act of Congress, is first seen.
This was adopted while the Federal Convention to form the Constitution
was sitting. The plan placed the Government in the hands of a
Governor, Secretary, and Judges, appointed by Congress, and conferred
power on them to select suitable law