Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-11-22

obey the process Of subpoena, aud ! do not see how
without the exercise Of hi, or some equivalent power
My opinion Is, that the Constitution does ia Con-
which necessary enable them to d;.eh,rSe their du.
ties, snd IN one case Il imperA,vey requires that tho
courts should exercise those pow Tor the sms
men, declres that Gin all criminal prosecutions the &C.
c"ssd shall enjoy the right to have compulsory process
Tor obtaining witnesses in his fsor" Before the es,a
bihmen oil the Constitution II well know i'm every
State of the Uni wha, the nature and acer OF
the compulsory process by which the commands OF the
courts we're cncrced The process OF attachment WAS
welt established process Tor that purpose, and hen the
Constitution vested (onges. with the power Of e.ta i.h
ing courts, the l7ih cluse Of the egh cnn may fair
he understood ve,tng them it the power of auo-
zing those courts to issue attachments other process
necessary TO carry their order. into fleet, hut have
W. seen any law OF Congress- which s'orixrs the Cir
Gun courts oil the United Sisrs in any .sne Of
To run into another District State than that
IN which they holding their courts II was deemed
necessary to give erpfts authority ty the Of 1888
to the courts, To Issue subpGnns another District or
STATE he act lid not follow hi. grant nv authorizing
Attachments to run Into another State
Of the process Of subpoena The ser, Ire Of any kir
OF process rom one State In another S,ae that time
unusual aud IL il was necessary that Law should be pass.
ell TO sanction thai practice, IL is much that
the more searching, and more compulsory process
''chme" should he authorized by law u this then
rested hr'e am OF opinion that should be justified in
dscarelng The petitioner unless act OF Con, RES
can he .n-" ~ authorizing Circuit C.ut Of the Cni.d
states tn se attachments into another State than tat in
which IL Is sitting. But the invesig son hirh has nk en-
place here i'll probably justify require that
should examine the question wh-ih~r the Ciicut Cont
81 the District OF Columbia has right to sue the prore..
oil ,"1r9n1 beyond The territory OF the Dis'ric in ea.e
sri.ing under the municipal Laws OF the District
The judiciary Aci OF 1889, $i4 H.. Sorry. ed H. h91
de'iaes that tr Of the Unitrd Statcs shs have
power to issue wrts Of scre foeias habess pts and
all other ws not Specially provided for by sta, which
may be necessary for the their respective in
'c'ions, AMI agrr"sl- TO the principles aud usarrs of
law The act Of 1913, &c. lists Dry. s2 dee are.. 1t
-uhi nnss ior Witnesses who may he airea 10 attend
court Of the Un,- States in any district The, foc nav
run into any other district pro, d. that IN r care.
the witnesses living Of the d.c, in which IN. con-,
Is holden do not live greater distance than one uu
.Ien miles from the place Of holding tic Thee
carry acts were applicable To the Circuit and Ds,rt
Courts OF the United States which had been recently 90,
t"o'ishrd. The D.tci OF Coumbi, established after.
wards, and on 'h. 9th February 1901 the first .s was
passed "co corning The Di.uir Of Coiunbis" Tho frs,
seem "i hat act declared hs the Of the State Of
Virginia as they kilt, shall be- and rou,."s ~
force in that part oil the District oi Columbia wir wv
coded by the said State the United S,s.es and de-,
e the laws OF the State OF Maryland a. the, now i,
sma' or, an" continue III fore in the OIL er pat If tl
- district, &C." f - '"o
Inc second 'eot on of tho forms Disl,c, into two
eounes, and directs tina, shalt b. holden in .cb
The third section organzrs the court II d,, l,rs.
,h"t there shall bc cosrt in said district which shall
or Called The circuit court Of hr District of C., Inn hi, ,,
me SAID court, and The Judges thereof III II have nU The
I" Po,cers by law vested in the ri cult court. AMI ,h
Judges oil the circuit couts OF the nitrd States"
IL Is his Latter clause taken in conncc ion "a ith b. q a
section OF the act Of l793 which supposed In ON
the circuit court OF Alexandra the power issue It's pro-
ress OF subr@na in oil which may be brought he
Tore H. into any other district: and am now TO =, ou.
into the correctness of this opinion.
Let it he remembered, thai the courts OF the United
States esa' 'hed under the third article of the Cosi,
lion, vested with limited pow or. only n n co.
DOES not arise under the Constitution or laws of ihs
Onheu States, or treaties m.d- under the a,bor;,y me-
II does not affect ambassadors other public mui.,3 1
cofus or, II II is not Of maritime or stnir.v In,
HS"ct'oh; u Is not controversy which the IT, are
p"l'y, OF between Two or more States between a
State and ciiiZens OF smother State or b. tween
GU. S,a,rs, or between citizens Of the State
Claiming lands under grants OF dieIen States or between
STATE and ciizens thereof and iorripn State. cz,ns ~
'u"e II such be TOT the state OF the cases the federal
courts have no jurisdiction. In that iap. class Of cas.
arising out OF the municipal laws OF Stale the federal
courts have no Jurisdictions the courts exclusive ;u
ris'c'ion La all eases OF crimes committed apa, S,..
IN all cases OF cen riiz ms of ,i. s, ST.,
IN all cases OF alienation descent Of lands in rh CHI
zens OF the State are concerned, in IN c, ~ .'
anu '"""' Mhe'hrr IN law or equity, be ween citizen a
eztn; in short, in the every day business Of life be,.o
oil The same sovereignty, the state courts alone
nave the Jurdicton Ii is obvious the tina, I,rrs 40 l.;
ne Jurisdiction oil the federal courts that of ibe .,.,o
courts Is much more exeu-ive. When the bv
hr "ct oil iI93 authorized the process subunn. N ~
e o" one .istr c'no another, the effect was 10 auho-
re Tie circuit courts to send such process bevonJ H.,
i.'s OF me Stale IN which they located. But liz.
'de courts had no power TO send such xira
rial process. This, them as the stat of tinas e.
District Of C9umb" wa. organized. There were in each
S'a'e TWO "is'i'lrt sets OF tribunals eanainp from and
ne'ohgng to, different political bodies To the one s,
was coi'hhcd the power Of issuing the process. of bnnna
out OF their bounds; the orher wa. dc;, RI
me circuit court for the district Virginia sitting in Rich
ihohn, could send asnbpGna for a wnrs IS 10 M.ry,nd.
nu' e uUi't OF feiico, or the general court of Yr
Enna, siuhg III The same place, had TO such power
, ms broad distinction between thu subjects of iurs
IL, j.; e Two sets oil Judicial tribunals plain.
=, congress, "heh they undertook
OF Columbia ' 'o we Disuict
AS the two States had parted with all iuti.trtion o,.
pe Gsfic', anu the people contained the rein i, b,r,
1'esSay 10 organize court for the dis,ric,
Jury pau INC exclusive power OF rgsaling for H. It
was VI 'heH power To have two courts AZ in
o'her part OF the United St,ies--tat il. one rour, IN ~
vested with federal powers another court with muncn,
powers But the size OF the territory and the number nj
people did not rcqne such division OF courts and co
"erdiohs 0 ecouony probably forbid the sppoiuen, NJ
80 many Judges They therefore decided OF, inc onI,
one court, which they dehomnaeJ the Circ,, con,t TO-
the District of Columbia. '' w
Du' sun they Kept up the distinction between federal
Icia powrr-a'i municipal, quasi state iI,ciI noy
l1r-aho they co ieued both kind. OF power or, ,hs go
court ibus, III The first section they ensc,eJ ,L,, ,
AVS o' 'he State OF Virginia should continue IN he H.,
aw oil one part OF the District end the laws of MrvS
VI 'e oiher. Previously thereto, the Constitution a,d
me laws al the u :. had d,srob-d the STATE. of Marv
"" ND" virginia, as well as the other Siates of ali tlos.
fo"trs "neb had been conferred Congressand had
"'rooed The courts OF hoe stare. OF all those ;u,ci,i
powers, which had been conferred rxrI.i,eY o H. To-
uerd' tribunals What laws oil Virginia and AiryIna
were bus declared 10 he in i'm the District ri g.
"moa ihey were the municipal laws of those STATE,
o 'd"s 'ouhued upon the reserved rights of those
o,a.es Anphgst those laws Of Virginia and bIarvnnJ
"mch are thus continued in force in The District l,
"ss whether there were whirh authorized the
he courts OF the one to into, and he =, rris. H.
me Other! Very isrfrom it, o. the co,t,arv il 60 e.,
PliriPie OF those Laws that the yrOcfss nj mir ,
could not issue beyond their feryi0yu Wh.r a., ,
OF Virgin" aud Maryland were aIop,ed t,r IN. D,;,
ny tbis secoi That principle adopied IS i'm ,hc,, .
e"seq"e""y meProctss NJ THE counts nj the Disfri,f so
, y tqmird 10 carry INTO effect those laws eo,.II
"o. issue "eyo"a me territory Of The District.
presume u will not be conenIed t,st as he fire In,
N