on,
the same limitation does not extend to the Territories. In legislating
for them, Congress exercises the combined powers of the General and
State Governments."

Thus it will be seen by these quotations from the opinion, that the
court, after stating the question it was about to decide in a manner too
plain to be misunderstood, proceeded to decide it, and announced, as the
opinion of the tribunal, that in organizing the judicial department of
the Government in a Territory of the United States, Congress does not
act under, and is not restricted by, the third article in the
Constitution, and is not bound, in a Territory, to ordain and establish
courts in which the judges hold their offices during good behaviour, but
may exercise the discretionary power which a State exercises in
establishing its judicial department, and regulating the jurisdiction of
its courts, and may authorize the Territorial Government to establish,
or may itself establish, courts in which the judges hold their offices
for a term of years only; and may vest in them judicial power upon
subjects confided to the judiciary of the United States. And in doing
this, Congress undoubtedly exercises the combined power of the General
and a State Government. It exercises the discretionary power of a State
Government in authorizing the establishment of a court in which the
judges hold their appointments for a term of years only, and not during
good behaviour; and it exercises the power of the General Government in
investing that court with admiralty jurisdiction, over which the General
Government had exclusive jurisdiction in the Territory.

No one, we presume, will question the correctness of that opinion; nor
is there any thing in conflict with it in the opinion now given. The
point decided in the case cited has no relation to the question now
before the court. That depended on the construction of the third article
of the Constitution, in relation to the judiciary of the United States,
and the power which Congress might exercise in a Territory in organizing
the judicial department of the Government. The case before us depends
upon other and different provisions of the Constitution, altogether
separate and apart from the one above mentioned. The question as to
what courts Congress may ordain or establish in a Territory to
administer laws which the Constitution authorizes it to pass, and what
laws it is or is not authorized by the Constitution to pass, are wide