ay: "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 whatever 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 m