Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-11-26


of ALI TINS. nowers which had been conferred
on Coneress-snd had disrobed the courts Of
those States Of all those judicial powers which
had been conferred exclusively on the teuerai
tribunals. What laws Of Virginia and Mary
land were thus declared TO be IN force 10 Tue
District of Columb,af They are the municipal
law. of those Slaies-the laws founded upon
the reserved rights OF those States. Amongst
those laws OF Virginia and Maryland, which are
,hus continued in fnrce IN the District, will
ask. whether there we're any which authorized
the nrocess of the courts of the one TO run INTO.
and ne exercised IN the otherl Vefv far from
II On the contrary, II was fixed principle
Of those laws. that the process Of Their courts
should not issue beyond their territory when
the laws of Virginia and MARYLAND we're adop-
ted for the District by this section, that prlnci'
nile was adopted with them, and consequently
The process Of the courts oftheir District, SO lar
as il was required to carry into effect nose
laws, could not issue beyond the territory o. he
District.
presume it will not be contended, that as
before the cession process could run from Alex
andria into the different counties OF Virginia,
So after the cessun, by the adoption OF firsi.
pinia laws the process OF Alexandra VIII sun
run into Virginia. IL this should be sai. 1t VIII
be answered that by the cesslon, Alexandra
aud part of Fairfax were cutoff from Virginia !;
SO as to be no longer part OF her territory; and
process. therefore, could no longer run from
Virginia into that separated territory, nor rics
perSa
4 Amongst the laws Of Virginia thus adopted
BY Congress. were1he laws concerning assaults
and consplracies. These were common law Of
fences, aud the Punishment tor them was pam
l.. .E n m
any other case, of either criminal or civil char.
/ acter. was there any law OF Virginia tnur is
there now by which witness could be taken
by process of Virginia court from any place
! beyond her territory. and brought 10 Virginia to
testify. This may be defect, but it is one
which grows outof our political conditions. and
can only be remed'ed. presume, by the con.
sent or agreement OF the State.
Such is the character Of the laws OF Virginia
! and Mary land, which were adopted tor the DIS
trict of Columbia, bv the first section Of the act
of February, 1901. Congress in thus prescrlb-
ing for the district a code Of municipal laws. in
tended to act for them in the same character that
the Legislatures of the several States act towards
the people of their States. They had previously
! nroyided for them a set of federal laws IN com
/ mon with the rest Of the Un'ed States For. AZ
the district, in different form, and under us
| former organization as parts OF two States, had
a,ways been and still continued part OF the
! United States. the laws previously enacted by
I Congress, growing out of the granted powers.
we're still applicable to them. and It vas not
! thought necessary 10 re enact them specially tor
the district. Thus the people of the district
we're Immediately provided with Two sets OF laws,
municipal ami ttderat.
/ Ii men became necessary to provide court or
court TO AIRY afnE fleet within the district, as
well The fedora, aS.Fhe municipal laws They
created one court tor the whole istrlct> and vest
ed it .with all the powers by aw vested IN the
circuit courts of the United Safes Sec. s
! /, has been argue.l. that the sixth section OF
the act Ut l795 declared. that subp9has tor Wit
nesses who may b. required tn atte1d court IN
any district run INTO any other district, SO
the circuit court Tor the tot Columbia. be
inc vested with the same pnwers. NAV direct sub
pnnas 10 run in ~ cases ot which they Lave cog
nizance ,om thef GI.rric, INTO any oheY district.
But this, ! app,ehend, is q non SeGutur. The
mower, conferred b, this third section on the cir
cut courts of Columbia. is the same with that
conferred on the other circuit cnu'ts. and not
i greater What then were the powers quo0d hoe
conferred on the other circuit COURT! 10 issue
subDpnas into another district, in cases before
them, Of which they iad cOgniZance, that Is. IN
federal and not municipal Cases: OF these latter
! they have NO Jurisdiction, and therefore cannot
in such cases issue subpGnas into another district
! But the Circuit Court Of Columbia has the same
now ers with those of the other circuit courts
that IS tn say, they have the power IN jederal ca
SEES to issue subpeDas to another district; but in
municipal cases, IN cases arising under the laws
Of Virginia and MARYLAND, they have no such
power To allow tbem.thr p"~er in such cases,
is not to give them merely all The powers oe'ong,
ing TO the other circuit courts, but more than all
which cannot be allowed. They would have
more powers on this subject than all tae other
courts, state and federal combined, IL this were
permitted. II, instead OF blending all the judi
/ ciaI powers of the dstrict-federal and munci
ral-in the same court, they had been separated
as they are in every State in the Union, there
would be no difficulty on this subject. If, after
adopting the laws Of Virginia and Maryland 10
the first section, they had created court to car
nv into effrc, those Iaws--and then created dif
faranf court In rarry into effect the federal laws