Now, I daresay that to us — living in the aftermath of an expansion of
judicial power that may, perhaps, more properly be conceived as having been
expressed and ratified, rather than created, by the Supreme Court in Cooper v. Aaron — this language is quite shocking.
It is true, that the courts of justice of the United States are vested, by
express statute provision, with
power to fine and imprison for contempts; but it does not follow, from this circumstance, that they would not have exercised that
power without the aid of the statute, or not, in cases, if such should occur, to which such statute provision may not extend; on the contrary, it is a legislative assertion of this right, as incidental to a grant of
judicial power, and can only be considered either as an instance of abundant caution, or a legislative declaration, that the
power