to the number and character of its inhabitants,
and their situation in the Territory. In some cases a Government,
consisting of persons appointed by the Federal Government, would best
subserve the interests of the Territory, when the inhabitants were few
and scattered, and new to one another. In other instances, it would be
more advisable to commit the powers of self-government to the people
who had settled in the Territory, as being the most competent to
determine what was best for their own interests. But some form of
civil authority would be absolutely necessary to organize and preserve
civilized society, and prepare it to become a State; and what is the
best form must always depend on the condition of the Territory at the
time, and the choice of the mode must depend upon the exercise of a
discretionary power by Congress, acting within the scope of its
constitutional authority, and not infringing upon the rights of person
or rights of property of the citizen who might go there to reside, or
for any other lawful purpose. It was acquired by the exercise of this
discretion, and it must be held and governed in like manner, until it
is fitted to be a State.

But the power of Congress over the person or property of a citizen can
never be a mere discretionary power under our Constitution and form of
Government. The powers of the Government and the rights and privileges
of the citizen are regulated and plainly defined by the Constitution
itself. And when the Territory becomes a part of the United States,
the Federal Government enters into possession in the character
impressed upon it by those who created it. It enters upon it with its
powers over the citizen strictly defined, and limited by the
Constitution, from which it derives its own existence, and by virtue
of which alone it continues to exist and act as a Government and
sovereignty. It has no power of any kind beyond it; and it cannot,
when it enters a Territory of the United States, put off its
character, and assume discretionary or despotic powers which the
Constitution has denied to it. It cannot create for itself a new
character separated from the citizens of the United States, and the
duties it owes them under the provisions of the Constitution. The
Territory being a part of the United States, the Government and the
citizen both enter it under the authority of the Constitution, with
their respective rights defined and marked out; and the Federal
Government can e