benefit of
the people of the several States who created it. It is their trustee
acting for them, and charged with the duty of promoting the interests
of the whole people of the Union in the exercise of the powers
specifically granted.

At the time when the Territory in question was obtained by cession
from France, it contained no population fit to be associated together
and admitted as a State; and it therefore was absolutely necessary to
hold possession of it, as a Territory belonging to the United States,
until it was settled and inhabited by a civilized community capable of
self-government, and in a condition to be admitted on equal terms with
the other States as a member of the Union. But, as we have before
said, it was acquired by the General Government, as the representative
and trustee of the people of the United States, and it must therefore
be held in that character for their common and equal benefit; for it
was the people of the several States, acting through their agent and
representative, the Federal Government, who in fact acquired the
Territory in question, and the Government holds it for their common
use until it shall be associated with the other States as a member of
the Union.

But until that time arrives, it is undoubtedly necessary that some
Government should be established, in order to organize society, and to
protect the inhabitants in their persons and property; and as the
people of the United States could act in this matter only through the
Government which represented them, and through which they spoke and
acted when the Territory was obtained, it was not only within the
scope of its powers, but it was its duty to pass such laws and
establish such a Government as would enable those by whose authority
they acted to reap the advantages anticipated from its acquisition,
and to gather there a population which would enable it to assume the
position to which it was destined among the States of the Union. The
power to acquire necessarily carries with it the power to preserve and
apply to the purposes for which it was acquired. The form of
government to be established necessarily rested in the discretion of
Congress. It was their duty to establish the one that would be best
suited for the protection and security of the citizens of the United
States, and other inhabitants who might be authorized to take up their
abode there, and that must always depend upon the existing condition
of the Territory, as