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UNITED STATES v. HUDSON AND GOODWIN Supreme Court of the United States 11 U.S. (7 Cranch) 32 (1812) This was a case certified from the Circuit Court for the District of Connecticut, in which, upon argument of a general demurrer to an indictment for a libel on the President and Congress of the United States, contained in the Connecticut Currant, of the 7th of May, 1806, charging them with having in secret voted two millions of dollars as a present to Bonaparte for leave to make a treaty with Spain, the judges of that Court were divided in opinion upon the question, whether the Circuit Court of the United States had a common law jurisdiction in cases of libel Johnson, J. The only question which this case presents is, whether the Circuit Courts of the United States can exercise a common law jurisdiction in criminal cases . .. . In no other case for many years has this jurisdiction been asserted; and the general acquiescence of legal men shews the prevalence of opinion in favor of the negative of the proposition. The course of reasoning which leads to this conclusion is simple, obvious, and admits of but little illustration. The powers of the general Government are made up of concessions from the several states - whatever is not expressly given to the former, the latter expressly reserve. The judicial power of the United States is a constituent part of those concessions, - that power is to be exercised by Courts organized for the purpose, and brought into existence by an effort of the legislative power of the Union. Of all the Courts which the United States may, under their general powers, constitute, one only, the Supreme Court, possesses jurisdiction derived immediately from the constitution, and of which the legislative power cannot deprive it. All other Courts created by the general Government possess no jurisdiction but what is given them by the power that creates them, and can be vested with none but what the power ceded to the general Government will authorize them to confer. It is not necessary to inquire whether the general Government, in any and what extent, possesses the power of conferring on its Courts a jurisdiction in cases similar to the present; it is enough that such jurisdiction has not been conferred by any legislative act, if it does not result to those Courts as a consequence of their creation . ... The only ground on which it has ever been contended that this jurisdiction could be maintained is, that, upon the formation of any political body, an implied power to preserve its own existence and promote the end and object of its creation, necessarily results to it . ...But if [this principle is] admitted as applicable to the state of things in this country, the consequence would not result from it which is here contended for. If it may communicate certain implied powers to the general Government, it would not follow that the Courts of that Government are vested with jurisdiction over any particular act done by an individual in supposed violation of the peace and dignity of the sovereign power. The legislative authority of the Union must first make an act a crime, affix a punishment to it, and declare the Court that shall have jurisdiction of the offence. Certain implied powers must necessarily result to our Courts of justice from the nature of their institution. But jurisdiction of crimes against the state is not among those powers. To fine for contempt - imprison for contumacy - - inforce p. 171 the observance of order, &c. are powers which cannot be dispensed with in a Court, because they are necessary to the exercise of all others: and so far our Courts no doubt possess powers not immediately derived from statute; but all exercise of criminal jurisdiction in common law cases we are of opinion is not within their implied powers.CASE BRIEFING FORMAT PROF. DOBSON CASE NAME, COURT & YEAR FACTS: crime(s) facts leading to alleged criminal act; facts behind any defense PROCEDURAL POSTURE procedurally what happened in each lower court & why (if given) track procedurally how case went through court system to get to the court where the opinion is from ISSUES (PHRASE THESE AS QUESTIONS!) RESULT (DECISION; JUDGMENT): How did the Court procedurally dispose of the case? HOLDING: What rule(s) of law did the Court's decision announce? REASONING: Reconstruct the reasoning process step-by-step that led the Court to its Holding and Result CONCURRENCES (IF ANY) DISSENTS (IF ANY) ALL BRIEFS MUST BE DONE ON HARD COPY; READY TO TURN IN READ THE FOOTNOTES! USE BULLET POINTS IN DOING YOUR BRIEF BE OVER-INCLUSIVE RATHER THAN UNDER-INCLUSIVE