ver to
the power of Congress over rights of person or rights of property--but
relates altogether to the power of establishing judicial tribunals to
administer the laws constitutionally passed, and defining the
jurisdiction they may exercise.
The law of Congress establishing a Territorial Government in Florida,
provided that the Legislature of the Territory should have legislative
powers over "all rightful objects of legislation; but no law should be
valid which was inconsistent with the laws and Constitution of the
United States."
Under the power thus conferred, the Legislature of Florida passed an
act, erecting a tribunal at Key West to decide cases of salvage. And in
the case of which we are speaking, the question arose whether the
Territorial Legislature could be authorized by Congress to establish
such a tribunal, with such powers; and one of the parties among other
objections, insisted that Congress could not under the Constitution
authorize the Legislature of the Territory to establish such a tribunal
with such powers, but that it must be established by Congress itself;
and that a sale of cargo made under its order, to pay salvors, was void,
as made without legal authority, and passed no property to the
purchaser.
It is in disposing of this objection that the sentence relied on occurs,
and the court begin that part of the opinion by stating with great
precision the point which they are about to decide.
They say: "It has been contended that by the Constitution of the United
States, the judicial power of the United States extends to all cases of
admiralty and maritime jurisdiction; and that the whole of the judicial
power must be vested 'in one Supreme Court, and in such inferior courts
as Congress shall from time to time ordain and establish.' Hence it has
been argued that Congress can not vest admiralty jurisdiction in courts
created by the Territorial Legislature."
And after thus clearly stating the point before them, and which they
were about to decide, they proceed to show that these Territorial
tribunals were not constitutional courts, but merely legislative, and
that Congress might, therefore, delegate the power to the Territorial
Government to establish the court in question; and they conclude that
part of the opinion in the following words: "Although admiralty
jurisdiction can be exercised in the States in those courts only which
are established in pursuance of the third article of the Constituti
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