Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-03-06

corpus, md oil other Wrils not specially
provoked for " statnfc, which mayb
necessary 6os he exercise 6ftheir respec.
tive Jurisdictions. and nEreeable % tho
principles and usagesoflau. DO not
think L material % he opinion I enter.
tnin, what constrnrsion Is Riven 10 this
sentence. lfthe power 70 issue the 3rits
of scire fariss and hsbeas corpus, be nor
.restricted b the cases within the original
orappsilnte jurisdicti0n 0fshis court, the!
,case Of bIarbury and Mndison seiecss
iie clause . unavailiugs and lift relafe
oaly 70 cases within their jurisdiction,
Il does NOT extend 90 he ease which i
now moved for. hut 4 i impossible 10
give sensible eonstrucfion 10 that clause
without taking ths who's tog.ther---i.
consists of bnt one sentence intimately
ecnnecied throuEhont, nd has Tor its
object he creation Of thope powerswhich
probably would have vested u the pespee.
tive courts, without slatnfury provision
o accident 10 the exereise 81 iheir, iuris.
diction. To give 70 thiS clause the con-
struclion commended for " counsel,
would Be 70 suppose that tie legislature
would eommit the absurd nctof grarsinx
the power Of issuing the wriss Of scire
facias and habeas corpus, without an OBJ.
jeet or end to Be answered BY them.
This idea i no. little supported BY he
next succeeding clause, In which apow.
eris vested IN The indiyidual judeet 10 Is.
sue the writ Of habeas corpus exptessly
for he purpose, Of enquirinR into the
earse C rommitmeut. Thai part or the
thirty.third section Of the judiciary ae,.
which relntes % this subject, Is Ill The
following words :. And upon all.arresss
IN criminal cases, bail shalibe admitted.
exespt where die punishment Is death.
b which casesit shall not Be admitted
but By the supreme or circuit court, OF
BY Justice Of the supreme court, or !
Judge Of district court, who shaIl exer.
else their discretion therein, regarding
the nature and circumstances az she Of.
fence, and Of the evidence and usage Of
law. s. .s-s = & -
On eonsidering shis aet h came. Be
denied thatif L vests any power, :. IN,
Il Il IN original power. = ftisthe essen.
tial criterion Of appellate jurisdiction
that Il reyises and corfects the proceed.
ings IN eause already iustituted.1 4
quote the words Of ths court in <fhe case
of hlarburY W. Madison.
Aud % Or u this clause from diving
apower % revise and c0frses, shas Il &c.
tnally yestsin the district Judge the same
latitude Of discretion By the same words
thatiteommanieates to this court. And
withour derogating from q respectability
which must feel Is deepsn interest ID
maintzining - any member ofthis court,
! must believe that the district court OF
my individual disirict judge possess the
Same power 70 revise ourd decisions, thaf
We do % revise theirs nay more, for
thepovers with which they may be yes-
Ted, are not 80 particularly limited and
divided BY the constitution o ours are.
Should Ne perform an act which, aecor-
ding % our own principle. We cannot Be
sssteaWifh power % perform, what OBJ
heatioA would any other court or Judge
Be usler 70 respest thar astl There 4
one mode ofconstruing this elnise, which
appears % ne toremove an ambieuity.
and % render every part Of Il sensible
and operative. By tie sonsSaf Of his
sovereign, . foreign minister may Be
subjected % the laws Of the state near
which he resides. This court nav then