The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1851-12-04

these Courts (the Superior Courts Of Florida)
were ''not constitutional Courts, in which the Ju-
dicial powers conferred by the Constitution on ,be
General Government can be deposited" Why:
No, because they wers Courts Of Territory;
but because they were Courts Of Territory no,
rithia the acknowledged limits and jurisdiction
of the United States, when the Constitution was
adopted. If when the Constitution was adopted,
Florida had been within the acknowledged sover-
eighty of the United States. of tho objects Of
the Constitution, as Wisconsin was and as Min
nesota is, then the Supreme Courts of Florida,
,pould have been constitutional Courts. The true
doctrine Is, that every where within the limits Of
the acknowledged sovereignty Of the United
States Inferior Federal Courts have jurisdiction,
and, in fact have all the Feieral judicial porer,
that is una5sorbed by the Supreme Court. When
the Constitution was adopted, the Territory Of
Minnesota was property and dependency Of the
United States, and as such, was the object of the
Constitution. Federal Courts then having juris-
diction here, have always been constitutional
Courts, just as much as if they had existed in
Massachusetts, or in Virginia. But for full un-
Outstanding of this matter, and to show, thai
while the Courts Of Florida in the case referred
to were merely legislative Courts while those Of
Minnesota are Constitutional Courts, aud the rea-
son Of the distinction, viz: that Florida never
came within the pale Of the Constitution while a
Territory, nor until it became State, we copy
the following from the notes in the case referred
to, (Peters, SIG, page SID
cit becomes indispensable to the solution Of
these difficulties, that we should conceive jus,
idea Of the relation in which Florida stands to the
United States; aud give correct construction tC
the second section Of the Act Of Congress, of May
the Goth, 1924, respecting the terrt rial govern
ment Of Florida; correct views on these two sub
jects, will dispose of ali the points that have been
considered in argument.
And first, il is obvious, that there is material
distinction between the territory now under con-
sideration, and that which is acquired from the
aborigines, (whether by purchase or conquest,
icithia the acknowledged limits Of the United
States, as also that which is acquired by the e.
adjustment Of disputed line. As to both these
there can be no question, that the sovereignty OF
the state or territory within which il lies, and Of
the United States, Immediately attach, producing
a complete subsection TO all the laws and nstitu
tons of the two governments, local and general
unless modified by treaty.
The question now TO be C nsidered, relates Il
territories previously subject to the acknowledged
jurisdiction Of another sovereignty; such was
Florida to the crown Of Spain. And on this sub
ject, we have the most explicit. proof, that tn,
understanding Of our public fanctionaries, is, tina
the government and laws of the United States d.
not extend to such territories by the mere Act o
cesson. For, in the Act of Congress, of Marcel
3Oth, 1922, section 9th, we have an enumeration
of the Acts of Congress, which are 10 be held il
force in the territory; and, in the 10Th section al
enumeration, in nature Of bill Of rights, Of priv
! leses, and inmunties which could not be dene,
TO the inhabitants Of the territory, if they CAM
under the Constitution by the mere Act of ces
sion.
As, however, the opinion Of onr public func
tionaies is not conclusive. we will review thu
provisions Of the Constitution on this subject.
At the time the Constitution was formed, tn
limits of the territory over which 1t was to ope
rate, were generally defined and recognized
These limits consisted in part Of organized states
and in part of territories. the absolute propert
and dependencies Of the United States. Thes
states, this territory, and future states to be ad
mtted into the Union, are the sole objects Of tn
Constitution; there is no express provision what
ever made in the Constitution for the acquisitio
or government Of territories hey ond those limits.