part of that judicial power which is defined in the third article
of the Constitution, but is conferred by Congress in the
execution of those general powers which that body possesses over
the territories of the United States. Although admiralty
jurisdiction can be exercised in the States in those Courts only
which are established in pursuance of the third article of the
Constitution, the same limitation does not extend to the
territories. In legislating for them, Congress exercises the
combined powers of the general and of a State
government."[Footnote: 'American Insurance Co. _v._ Canter,
1 Peters' Reports, 511, 546.]

It will be perceived that the argument here was that the Florida
court did not exercise any of the judicial power of the United
States because it could not, and that it could not because the
judges were not commissioned for life. This left unanswered the
deeper question whether any act of Congress could serve to
support a court existing under authority of the United States,
the judges of which were to hold office only for a term of years.
It was assumed that the provision for a life tenure did not apply
to the Florida judges, because if it did the court would be
illegally constituted. Whether it was legally or illegally
constituted was not discussed, except for the general reference
to the power of Congress to legislate for the territories and
exercise the rights of sovereignty over territory newly acquired
by contest or treaty.

On this decision has been built up our present system of
governing territorial dependencies at the will of
Congress.[Footnote: Mormon Church _v._ United States, 136