In the course of the same opinion, the great Chief Justice led
the way toward the doctrine, to be developed later, that the
manner in which such territory was to be held and its inhabitants
governed need not be such as the Constitution prescribed for the
territory within one of the United States. It was to be
prescribed by Congress under its power "to make all needful rules
and regulations respecting the territory or other property
belonging to the United States." Congress had set up a
Legislative Council in the Territory of Florida, and the
Legislative Council had established a court of admiralty, with
judges holding office for four years. The case in hand turned
upon the effect of a judgment of that court. It was contended at
the bar that it had no effect, because by the express terms of
the Constitution the judicial power of the United States extended
to all cases of admiralty jurisdiction, and must be vested in one
Supreme Court and such inferior courts as Congress might ordain.
"We have only," was Marshall's reply, "to pursue this subject one
step further to perceive that this provision of the Constitution
does not apply to it. The next sentence declares that 'the
judges both of the Supreme and inferior courts shall hold their
offices during good behaviour.' The Judges of the Superior Courts
of Florida hold their offices for four years. These Courts,
then, are not constitutional Courts in which the judicial power
conferred by the Constitution on the general government can be
deposited. They are incapable of receiving it. They are
legislative Courts, created in virtue of the general right of
sovereignty which exists in the government, or in virtue of that
clause which enables Congress to make all needful rules and
regulations respecting the territory belonging to the United
States. The jurisdiction with which they are invested is not a