Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-08-06

{" In taking this view of the Constitution,
should say that Congress has no right to pass
"any law directing the process OF the courts OF
" Columbia to run into any Of the States for the
"purpose of enforcing the merely munlclpai
claws of the district, though these nlunlcipai
laws should be enacted or adopted by congress
" ITSELF l do not, however think that they nave,
{" as to this matter, passed such law"
One of the principal errors OF this argument
seems to us to have arisen from con!ounoihg
the popers of Court with the ]nrisdtct!on OF
| a Courtroom using the terms "popers" ana
jurisdiction" as synonymous-and atlrming
| of one what is only true of the other NO Two
ideas can be more distinct than power ana lu-
risdiction. The powers OF Court are the
means by which it is to exercise It's Jurisolctio'
Power in the sense in which 1t is used III me
several judiciary acts of Congress, and in the Sd
section of the act of 9th February, 1901, which
establishes this Court, is not jurisdiction; nor is
jurisdiction power; and in the acts OF Congress
the powers and the jurisdiction of the Courts
are often given in different sections.
| In the judiciary act of 1889, which was drawn
up by Mr.. Ellsworth, then member of Con-
cress, and afterwards Chief Justice OF the Unit"
ed States, the po,pprs of the Courts of the Unit
ed States are given in sections 3. 5, T. IA, To- IL,
49, 10, 90 90, 26, 80 81, 80, $751; but the jWisdic-
ton of the respective Courts is given in sections
| 9, 10, IL, H. -, 81, %, and rs.
| So, in the act ofthe 18th ofFebruary, 1901, Ito
lWnlcn tnlS COuft Is feIeiIeu ioi oil ehuhei a'ioii
of its powers) the powers OF the respective
Courts are given in sections 2, s. g. 10, Is, IS,
"a, 20, so, 81 but their jurisdiction is given in
sections IL, IL, 49, IA, 10, 20, 33, and 81
In the 9Th section of the act of goth OF April
| 1902 ''to amend the judicial system" the pow
ers and jurisdiction ofthe Circuit Courts constl-
tuted by that act, are given in the same section,
and the same sentence; but the words "poUer'
| and {" Jurisdiction" are both used. The language
u.s. sand the Circuit Courts constituted by this act
1" shall have all the pOperS authority and jursdic-
ton within the several districts of their respect
Give circuits that before the thirteenth day OF
g February one thousand eight hundred and one,
I" belonged to the Circuit Courts of the United
F." Statesn BY thus using both terms it is evil
dent that Congress did not consider either OF
them alone as sufficient to convey the ideas in
cluded in both;-and that the word power, as
| applied to a Court, did not necessarily include
the idea of jurisdiction; nor the word jurisdiction
that of power Still less does the word pOWerS (ln
the plura.) which is the term used in the grant
of the powers Of this Court imply jurisdiction;
particularly, if the jurisdiction OF the Court, as
in the present case, be expressly gwen IN Sc
parate and distinct FORM"
After enumerating many other acts Of Con-
gress establishing Courts in all OF which the
distinction is clearly kept up between the pow
ers and the jurisdiction of Courts, the Court
says:
1.-TWO Courts, having the same powers, may
! have very different jurisdictions. A power, g.
ven to a Court of limited jurisdiction, TO issue
all writs and process necessary for the exercise
| of its jurisdiction, is aS large as like power
given to Court of more extensive Jullsdic'
| ton; and if given in the same words, would be
| the same power The powers given to Court
are given to enable it to exercise its whole Ju-
risdiction, not a part only. 1t cannot be under
stood that Congress Intended to give this Court
the identical power which it has given to the
other Circuit Courts; for that was power to
| be exercised esewhere--in the other districts
| of the United States and not here; and II the
word +" same" which is relied upon, means 1den-
tical as it must, to support the argument, there
| is as much reason to limit the power to the
territorial districts for which it was given, as
to limit it to the subjects of jurisdiction for
which il was given. The powers given to the
! Circuit Courts of the United States, were given
| 10 enable them to exercise their jurisdiction, IN
their respective districts: and the powers given
| to us were given to enable US, not to exercise
! their jurisdiction in their districts, but our own
! jurisdiction in our own district. In order TO
give effect to the evident intention Of Congress,
| the powers of the Circuit Courts Of the United
! STATES must be co-eXtensive with their Jursdlc'
tion. and the powers of this Court co.extensive
with our jurisdiction If the powers which arc
| given to this Court are only applicable to that
! class of cases of which Circuit Court OF the
rsdiction, we have no powers by which to
! exercise the residue of our jurisdiction. We
! have no power to issue writ in suit between
two citizens of the district; nor, in such case,
to summon jury; nor to compel the attendance
| of witnesses; nor to issue execution. The laws
| of Maryland and Virginia, giving powers to
their Courts of various descriptions, confer no
powers on us. Many cases indeed arise under
those laws of which we have cognizance; not,
| bo viewer nv virtue of any power of iurSdlc-
ton conferred by those laws upon the Courts of
| Virginia and Maryland but solely because the
grant ofpowers and jurisdiction to those Courts
gave rights to parties out OF which cases arse,
under the adopted laws, Of which this Court has
cognizance by virtue of the jurisdiction given
to this Court by the acts of Congress. 1t can
not be supposed, then, that Congress intended to
give that restricted sense to the words salt the
po,pers,n which would limit the exercise of those
powers to that class of cases. Of which Cir
cult Court sitting in state would have jurisdic
ton. and leave us entirely without power to ex-
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