the constitution. But they are limited, and regulated by that act, and other acts on the same subject.[1] And where a rule is provided, all persons will agree, that it cannot be departed from.
§ 1768. It should be added, that, while the jurisdiction of the courts of the United States is almost wholly under the control of the regulating power of congress, there are certain incidental powers, which are supposed to attach to them, in common with all other courts, when duly organized, without any positive enactment of the legislature. Such are the power of the courts over their own officers, and the power to protect them and their members from being disturbed in the exercise of their functions.[2]
§ 1769. Although the judicial department under the constitution would, from the exposition, which has thus been made of its general powers and functions, seem above all reasonable objections, it was assailed with uncommon ardour and pertinacity in the state conventions, as dangerous to the liberties of the people, and the rights of the states; as unlimited in its extent, and undefined in its objects; as in some portions of its jurisdiction wholly unnecessary, and in others vitally defective. In short, the objections were of the most opposite characters; and, if yielded to, would have left it without a shadow of power, or efficiency.[3]
- ↑ Durousseau v. United States, 6 Cranch, 307, 313, 314; United Slates v. Moore, 3 Cranch, 159, 170, 172.
- ↑ Ex parte Bollman, 4 Cranch, 75; Ex parte Kearney, 7 Wheat. R. 38, 44; Anderson v. Dunn, 6 Wheat. R. 204.
- ↑ See 2 Elliot's Debates, 380 to 427; 1 Elliot's Debates, 119 to 122; 3 Elliot's Debates, 125 to 1 45; 2 Amer. Museum, 422, 429, 435; 3 Amer. Museum, 62, 72; id. 419, 420; id. 534, 540, 546.
