Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-11-26

relate TO matter ~cgnizable the ehy he must submit
aud likewise, nty submit the contested tight,
or the situation Ia which he sisu his adversary pre-
SCENTS case which, under the Couuton, he brought
b.ior, the Fede,si Courts There no middle gound ou
which the obedicn. oi Witness be otced, and
the submission OF party excused; ami the whole doc
tinc OF the supremacy OF the Municipal Courts tor the
District must be abandoned, the bold aud oi,ey indie
fensble opinion be aiutAned that the power iegiite
the District Of Columbia and thereby oiin AMI es-
tabh courts therefor, invests the government With III"
limited Judicial power, and that too IA literal co"r.''n'o"
OF the provision Of the Consultation which limits ana d' h'e
the Judicial power
The provision in the Constitution that Congress may
l.gslae tor the District he ag,eeJ wasthe in flee,
il the Constitution had proved that Congress, in relation
thereto" should have the power to iegisiae, which APP
pertains TO the States with their limits But IL ii
should be thought that the states intc polic4
corpora IONS aud that FORE the analogy was not fair
he would instance the Eng Param. mt in its tall ON.
Impotence. Ceraniy, the power TO eglAte for the Dis
uet expressed, could than tina, the power
thereby conferred should be equal the power oi the
English Parliament IL was not disputed. that the grant
g..ve power, il it had been expressed 10 such "'ms
would fall lar short of the demand which had bee" set up
The Parliament oil Eng aud had claimed directly, or
through her courts authority to control persons who were
beyond the boundaries VI the English ioniiions
. The vie ws which he had submitted would show that
the municipal Of the District limited the
bounds OF District Within those bounds they had the
powers Of other courts OF general jurisdictions aud on
hcm was true Of other municipal courts, they had no
jirs fiction
The decision of the Supreme Court in the of Co
hens which the counsel Of the United States had
lied, was nowse in conflict with the view which he had
taken of this question IL was there held that Cong
10 legia,ing Tor the District did change its
from national to local legislature The court, howe
VERIFIED that, although in cgsati"g for the District Con
acts in the capacity when legislates for
the country at large law passed with view to the Dis
t'ici, anddesgned TO have operation without it, aight
be void Tor want OF constitutional power in Congress to-
enact it, That Is to the when occurred would
raise question TO the power OF Cong,ess-,he court,
thereby repudia'ing the opon that the unlimited power
conferred OH Congress to legsaie for the District had
anywise enlarged extended the power Of national e
g'siaon his was the opinion as he understood IT, ia the
of Cohens and il c had been successful in his
deavor shew that, under the FIT L., PL Is OF the
Constitution Congress could not invest the in ques-
ton with federal jurisdiction, he had the authority OF the
Supreme Court Tor that the process Of the Court
the County of Alexandra could not beyond its local
But the question REQUIRED, Had Congress in {act con.
fered upon the for the Dsci Of Columbia autbo-
rity TO ard process against citizen of State to be
executed beyond the limits OF the District? The act up
which the OF the u s. relied provides that the
courts in question shall have all power vested in the
cult Courts OF the Uni ed Sn,es3 Story. L. u. s., ch
sc aud it was said that this act furnished the auho
ri'y of the court
II VAS he sal clear, the act was moi TO be under
stood literally pursued in its broadcast sgnitcaon.
single case, which would result from such consruc-
ton, would shew mani!esy that the effect would be
gross pe,verson OF the design OF the act The Circuit
Courts Of the U. ). Invested with power TO impan-
mel grand jury composed of taken every part
oil the ate that being generally the bounds of the cir
cult. Under the power TO summon grand jury there
fore, which the Of the District derive the gen.
erai OF the aci according the aiding hey
may summon the panel man from tive Nv. four
different SA'es-nsy, twenty four from each OF the
tw.ny-tour Sate' and the consequence of such read
ing would be, that citizen Of Virginia may a
nof New York in tie Circuit Court of New York, a
citizen OF Virginia might sue citizen OF New York in
the courts OF the District
unnecessary TO state large objections
TO the literal construction Of the Act 1t would seem TO
be Obvious, that the Act not intended, could
be so understood The power thereby transferred
OF the District modified and adapted 10 the cha
racer and jurisdiction OF those They powers
taken from courts OF limited usdicon-as the subject
matter. but OF extensive jurisdiction the right of
awarding process, and transferred TO OF general
rsIIcon subect-matter but very circumscr6ed
in he
organization Of the courts explained the
OF the pc9ers r!,:c. iniended to be conferred
That the power to issue territorial process was
intended 10 be conferred the of the District
appeared irou another consideration The supplement
tary to the act establishing the District OF Columbia de-
clared tia, all feionies committed in The District should
punished such crimes punishable under The laws
OF Virginia, prior to 1885, and that the Circuit Court for
the county OF Alexandra should possess and exercise
power and urisdiciion civil criminal that was
Virginia. g. Story's LaWs of u. S, oh. 95, g. The
jurisdiction thereby conferred limited aud defined by
the Jurisdiction Of the District Courts of Virginia then
existing So also the Of the court aud the
which it may be directed, made depend the
of the former District Courts OF Virginia. They
claimed for their process the authority of sending il
beyond the limits of the State.
But il admitted, that the Court for the County of
Alexaniha had the power. In proper case, OF sending
into the State Of Virginia. the proceedings against
Mr.. Peasan,s exhibited gross abuse Of that power.
There was not depending in the Court any criminal pro-
of the Marshal showed that it upon vague con.
lecture only that he might disclose on which the
unknown and extraordinary proceeding This Court would
not order against a witness upon any such
showing ii he resided distance make his
convenient and extensive. In every vew Mr. peasants
owed IL TO himself aud TO the public refuse obedience
TO the demand which had been made upon him. and TO
bring the before the Court OF the State Tor their adj
Indication OF the great constitutional question which was
involved.
He could think there was any doubt of the right of
this Court to interfere by Habeas Corpus. The is
sued, Of RICH and Of necessity, the Court inquire
whether the arrest which is complained Of he by the y
tue OF the order OF court having authority direct IT,
The of erpdre Poole, which the counsel for
United States relied decides nothing adverse the right
OF the petitioner and il would be extraordinary If the
court while satisfied that the altogether
Illegal and without authority, yet could relieve the
party by dscharging him.
Mr.. ROBERTSON attorney General Of yirginia) said,
that the proceedings which had led the present applica
ton were OF an extraordinary character. The Editor OF
newspaper residing in the city OF Richmond, had been
summoned by the Circuit Court OF the u. s. for the
~ oil Aexanria TO appear and testify before The Grand
Jury OF that county, without any specification OF the
ters about which he expected to testify. IL seemed
by an affidavit OF the District Attorney, Of subsequent
date that the object was to evidence touching
alleged conspiracy by Robert ID. Randolph Others 10
commit assault upon the President of the u s. and
combination TO prevent the arrest OF the said Randolph
and thereby obsruct the administration Of public Justice
The summons was awarded surmise, that the Edi-
tor might know the author OF publication
his paper and The opinion OF the said Attorney, that
and circumstances stated in the said publication tended
prove in connection with other facts and circumstances
which he had believe had been proved might
be proved, such conspiracy, &C. conspiracy medtaed
God knows by whom, God knows where; which possibly
Tor aught that appeared might have originated in the city
OF Richmond; possibly in the State Of South Carolina;
more probably in the Imagination Of the Attorney For
disobedieOce 10 this process the Marshal had been com
manted 10 attach the body OF Mr. Pessants and carry