continuance of the Union. Where a Territorial Government is
established in a slave Territory, it has uniformly remained in that
condition until the people form a State Constitution; the same course
where the Territory is free, both parties acting in good faith, would
be attended with satisfactory results.

The sovereignty of the Federal Government extends to the entire limits
of our territory. Should any foreign power invade our jurisdiction, it
would be repelled. There is a law of Congress to punish our citizens
for crimes committed in districts of country where there is no
organized Government. Criminals are brought to certain Territories or
States, designated in the law, for punishment. Death has been
inflicted in Arkansas and in Missouri, on individuals, for murders
committed beyond the limit of any organized Territory or State; and no
one doubts that such a jurisdiction was rightfully exercised. If there
be a right to acquire territory, there necessarily must be an implied
power to govern it. When the military force of the Union shall conquer
a country, may not Congress provide for the government of such
country? This would be an implied power essential to the acquisition
of new territory. This power has been exercised, without doubt of its
constitutionality, over territory acquired by conquest and purchase.

And when there is a large district of country within the United
States, and not within any State Government, if it be necessary to
establish a temporary Government to carry out a power expressly vested
in Congress--as the disposition of the public lands--may not such
Government be instituted by Congress? How do we read the Constitution?
Is it not a practical instrument?

In such cases, no implication of a power can arise which is inhibited
by the Constitution, or which may be against the theory of its
construction. As my opinion rests on the third section, these remarks
are made as an intimation that the power to establish a temporary
Government may arise, also, on the other two grounds stated in the
opinion of the court in the insurance case, without weakening the
third section.

I would here simply remark, that the Constitution was formed for our
whole country. An expansion or contraction of our territory required
no change in the fundamental law. When we consider the men who laid
the foundation of our Government and carried it into operation, the
men who occupied the bench, who filled the halls of legi