court speak of the legislative power of Congress in Florida, they still
speak with the same reserve. And in page 546, speaking of the power of
Congress to authorize the Territorial Legislature to establish courts
there, the court say: "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."

It has been said that the construction given to this clause is new, and
now for the first time brought forward. The case of which we are
speaking, and which has been so much discussed, shows that the fact is
otherwise. It shows that precisely the same question came before Mr.
Justice Johnson, at his circuit, thirty years ago--was fully considered
by him, and the same construction given to the clause in the
Constitution which is now given by this court. And that upon an appeal
from his decision the same question was brought before this court, but
was not decided because a decision upon it was not required by the case
before the court.

There is another sentence in the opinion which has been commented on,
which even in a still more striking manner shows how one may mislead or
be misled by taking out a single sentence from the opinion of a court,
and leaving out of view what precedes and follows. It is in page 546,
near the close of the opinion, in which the court say: "In legislating
for them," (the territories of the United States,) "Congress exercises
the combined powers of the General and of a State Government." And it is
said, that as a State may unquestionably prohibit slavery within its
territory, this sentence decides in effect that Congress may do the same
in a territory of the United States, exercising there the powers of a
State, as well as the power of the General Government.

The examination of this passage in the case referred to, would be more
appropriate when we come to consider in another part of this opinion
what power Congress can constitutionally exercise in a Territory, over
the rights of person or rights of property of a citizen. But, as it is
in the same case with the passage we have before commented on, we
dispose of it now, as it will save the court from the necessity of
referring again to the case. And it will be seen upon reading the page
in which this sentence is found, that it has no reference whate