It has been held in the case referred to that as
the Supreme Court of the United States is by the Constitution rendered
incompetent to exercise this power, and as the circuit court of this
District is a court of general jurisdiction in cases at common law,
and the highest court of original jurisdiction in the District, the
right to issue the writ of mandamus is incident to its common-law
powers. Another ground relied upon to maintain the power in question
is that it was included by fair construction in the powers granted to
the circuit courts of the United States by the act "to provide for the
more convenient organization of the courts of the United States," passed
13th February, 1801; that the act establishing the circuit court of this
District, passed the 27th day of February, 1801, conferred upon that
court and the judges thereof the same powers as were by law vested in
the circuit courts of the United States and in the judges of the said
courts; that the repeal of the first-mentioned act, which took place in
the next year, did not divest the circuit court of this District of the
authority in dispute, but left it still clothed with the powers over the
subject which, it is conceded, were taken away from the circuit courts
of the United States by the repeal of the act of 13th February, 1801.
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