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

| COheHS, JDheOfOu,
am, Mere 'he,e maintained by strength ofsrgnment
80 irresistible that lac would only that decision to
The force oi which, nothing could be added
b was said, that tis had already heen virtual
decided by the Judges OF the Circuit, Court of Virginia
Ma,sha aud Barbour,) in their refusal issue warrant
Tor the arrestof Robert Randolph within this Common.
wealth aud for sending him . the District of Coumbi.
'ar ,i'', under the Sss ofthe judicial .4et-i Stoys
Iiu ~s g., en- 20. p. &c. very short examination
w" s"'ik ,he Court that the utterly dis
,,nh.r. The Judicial Ac, was passed in 1882 and the
a. r itNanaa was not established until 1901 The
." ~ me Judc'dt fet applied only Courts, which,
Cy haf net hal cognisance of The offence" Bu, sncs
tne District oil Columbia not Then established i,s
Tonrs did not come within The description of the Act
s uhuersooh TO he the true ground u. the decision
w Ha"do'phs ea'e which had The least bearing upon
How Tar the State Courts nigh, interfere with the pro.
ceed'ne@ OF the Federal tribunals was grave aud most
monenous question: question, which had often arisen
ana whenever arising had been decided b,
IL had been decided differently diff rent States The
question arose IN Pools Case Pirsnia cases ~ 276
ann was there held by the General Court Of Vrs nia
wa" " gases OF Megal conGne under colour of the
authority OF the u the State Courts had conru,ren, ;n
die''on with the Federal Courts, excrp when the con.
hhein0nt was the consequence OF sui, or prosecu,on
pending in Court OF the u. S. MIR Rhodes mat
the confinement of J. fl Peasants ,ras .be
o, pro" cnion pending in a Court of the u States aud
clearly WITHIN the exception of PooFs The cae at
oar though not strictly suit judicial proce edipe
which, u not embraced by the letter, within the fair
scope and meaning OF the exception aud the Court ought
not 10 Interfere. This question OF the extent 10 which
State Courts may ieGimatcy 20 supervising the acs
oil Federal tribunal had aw avs been considere ono NJ
great doubt, of peculiar decacy aud one tho at1,s,ion of
winch, was well calculated 10 produce
between the sets OF tribunals But The cas-. =, b.
vas one, not only OF power exered ;,,,
cai proceeding but in the hshlu exercise OF jusfc-
| lion clearly confessed.
Mr. MCFARLAND said that he would have preferred.
u NC coud nave properly declined, TO ar In case
Of such interest and importance; depending upon The con-
derSo oil constitutional provisions and act. of Congress
so entirely out OF the range OF his ordinary
engagements The time which e had had Ia for
me discussion, was short that he could mo-, promise him
self he should be able TO ollie. any mpor,ar aid - '
| IA
h"h made fully satisfied him. that there was no au,hori,v
III me court to summon Mr. Peaans before it as wit.
ness ana mat The attachment procee ded an unounded
ana dangerous assumption OF power.
ne would not stop 10 prove that Court can have M
over persons who were without its territorial
; ~ was Clear proposition, tina, such extra fer-
ofla Jurisdc ion could claimed in no other yay han
oy he consent and agreement OF the authorities of the
country "i'h winch II was TO he exerted. He did not
understand that this proposition or could be
eu Out while 1t was admitted that the Courts of ofher
STATES could not act the persons or poperv of czens
rum" mas, II was commended that the Courls established
by Congress sr the District Columbia were Courts an
MORSE" oy me eoisut'on-and, therefore, might be in-
vested WIFI jurisdiction co-e with the Union
lie sid It by means followed, because the court in
question was oidaiued hy the authority of the Go.
rVernhen OF the Uned States, that therefore Congress
might iegimaeiy invest il wi h the power Of drec,ng
It's process to run INTO the States He would show thai
power had not in fact been delegated; but as he
'on"a'y h"n been asserted under he general oris Of the
acts establishing lie courts Tor the District it was nro
per 10 inquire wn',he' the constitution sanctioned such
grant lie Judicial power OF tie Goyernu an, w..
d h"ed and Ini ed while tic power TO l,gisla,. ,oT
the Bsr,ct was rot d, fined ln,i. ed. Con Of "
o. .mt' W, g. q and int / s 8, and I6. As the
n'"ic' oil columbia was anbout any government n,
Its own appointment, the Constitution had Invested Gov
gross with The power OF legslaling over i'm all case and
"e'e was We same necessity for counts of general
common law jurisdiction within lie District as ,haa
was Tor such Ccurs within tie Safes Such Com',
r. S We "o,ishen by Congress, under provision OF the
CONSTITUTION referred TO bur then hey are L.. i, he Oh
served, Courts for The Distric. ONLY IT, in onv $50,
the Courts so established be authorized to co.
cree me cizens OF the States, by exercising iurdco
the
made whether the Law be constitutional The ,,.uar .
be sought III the judicial p0tcer of the government aI
not ~ Tie exclusive power Which has TO Iepisls,e ior
tie District. To The precise extent TO which H. -;
o, extra territorial jurisdiction be carried SO far was
II hanoai his character. And il he jurisdiction he a,
"ature which Congress may delegate TO the Fed.i
courts by reason OF the specification ia The Cous;uio,
OF lie subjects Tor the jurisdiction OF these Cours so MOI
San NE J"s"icon be delegated TO The Courts OF the
DISTRICT OF ColuubIo; in any manner or degree f.,
or employed against the citizens OF the seve
"a, des' al me moSt-li, indeed, that he moi forbidden
10y LAIR construction OF The Northumberland MAJ M
taOish within the District, Courts with like federal no.
ers' dnd jurisdiction with the Courts which il il auo,i
ed 10 establish within the States. Wherever IN. Ed
ra judiciary Is located, ii is susceptible under i!e on
Ioni OF certain limited and defined jurisdiction ONLY
and the powers with which il might he invested IN ~
DIS r'c and those with which may be invested in h
States and IN more. -" "''
! IL The Circuit Court OF the United State. for v;i;
public peace within Virginia or Of c,,,s.s - ", '
hit mr cHeh because OF The constitutional provision
"h'ch whdrdws such subjects from the l,lor,I ;,,;
so II ~ not within the power Of Congress o loo ~
"lthIn Tie Distict OF Columbia and invest !, u; 49,
"coh over breaches Of lie public peace comlted r,,L
w We oouhus OF virginia, OF controversies
nrr ciuHens III Is equally clear that the Courts of ~
1870 oe'g possessed oil jurisdiction which cannot be
Invested in The Circuit District Court of the Ji,"J
states, tha Is to say, possessed of full n,unirpa iu,.i
@ ramon Jay claim TO OF the federal judicial no,y,
o. he OnIied States. They have 10 rg hi 10 federal %
oai power, IN ofder TO mature for trial cause of acIio
""cn my can alone entertain in municipal charac,,.
VI "o't"g 10 hght an offence and lay the foundation of
ch'""I accusation, which municipal Court tbev ca,
alone hear and examine U'' '"eJ cdh
lie hdd before referred 10 the article Of the Consultation
tVsPoC'ng "e Juucidi power OF the government In re-
a'oh 70 'hc SUBJECTS there specified hcI ascertain bs
hs OF Tie jurisdiction OF Federal Courts henavar an,,
OF me" was mailer OF Judicial inquiry i'm the Fc,ersI
Courts, the Court derived, as incidental to s i,,Ji.
over the subject the right Of sending process r. a @
OF lhe umoh la respect Of those subjects. be urisji it,
OF the Court Is full aud unlimited; and il has If c
every "heTt, w hin Tie limits OF the territory of the c.
Verinent, The light TO and enforce obedience In H.
proper orders he Court having eognizance of the sb
JT may order Tie appearance OF parties and Yiinos
ihe JOutI'I power was as ehectudly emploved VLo.
y wines was COMMANDED appear THROUGH H. ~ rr"
Of p'e Court, as when The lite TO property o. '
merry, "Ss Affected by the judgment of he C,ou, eTt
olHg" oh therefore, oil citizen 10 ate nd non tho r,i
C'uf ~ lhe character OF witness was narrowed t H.
hhn Wmch was prescribed by tie Constitution TO The i'm,
H"nction OF he Court There would however he M ILL.,
os UOgauonj ana the people Of the country would be
Ps" Pr,peualy 10 such demands, IL the Courts for Tho
uSe {" Columbia possessed authority TO order heir ar
Pe"rnce as wiucsses in reference 10 inquiries ,vho
tuic. '""y 70 ihsl-
ln short, there was no limit whatever ON Tho i1,,
powrr 81 Use government II the idea be adn,i,SJ 10,
TIE COurs, which Congress may establish for l Ds,t
Of Columbia, any manner oC ,,;.It.,tI
I q .flff Las Limits fVgTp H.,