Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1833-12-05

from il. On the contrary, il was q
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 adopt.
ed for the District by this section, that
principle was adopted with them, and
consequently the process Of The courts Of
their District, so far as il was required
to carry into effect those laws, could
not issue beyond the territory Of The Dis.
trict.
presume it will not be contended,
that as before the cession process could
run from Alexandria into the different
counties of Virginia, so after the ces.
sion, by the adoption of Virginia laws
the process of Alexandria will still run
into Virginia. If this should be said,
it will be answered that by the cession,
Alexandria and part of Fairfax were
cut off from Virginia; so as to be no
longer part of her territory; and pro.
cess, therefore, could no longer run
from Virginia into that separated ter.
ritory, nor rice rerSa.
Amongst the laws of Virginia thus
adopted by Congress, were the laws
concerning assaults and conspiracies.
These were common law offences, and
the punishment for them was plainly
prescribed. In neither of these cases,
nor in any other case, of either crimi-
nal or civil character, was there any
law of Virginia (nor is there now) by
which witness could be taken by pro.
cess ola Virginia court from any place
beyond her territory, and brought to
Virginia to testify. This may be a
defect, but il is one which grows out of
our political conditions, and can only
be remedied | presume, by the con-
sent or agreement Of the State.
Such is the character of the laws of
Virginia and Maryland, which were
adopted for the District Of Columbia,
by the first section ofthe act of Febru-
airy 1901. Congress in thus prescrib-
ing for the district code of municipal
laws, intended to act for them in the
same character that the Legislatures Of
the several States act towards the peo-
pie of their States. They had previ-
ously provided for them n set Of fede-
raj laws in common with the rest of
the United States. For, as the dis
trict, in different form, and under its
former organization as parts of two
States, had always been and still con-
tinued part of the United Safes, the
laws previously enacted by Congress,
growing out of the granted powers,
were still applicable to them, and it was
not thought necessary to re-enact them,
especially for the district. Thus the
people of the district were Immediately
provided with two sets Of laws, munich
pal and federal.
II then became necessary to provide
q court or courts, to carry into effect
within the district, as well the federal
as the municipal laws. They created
one court for the whole district, and
vested it "with all the powers by law
vested in the circuit courts Of the L.
States"-Sec. 3.
1t has been argued, that as the sixth
section of the act of 1893 declared,
that subpenas for witnesses who may
be required to attend court in any
district may run into any other district,
so the circuit court for the District of
Columbia, being vested with the same
powers, may direct subpGnas TO run
in all cases of which they have cogniz-
ance from their district into any other
District. But this, | apprehend, is
non sequittr. The power, conferred
by this third section on the circuit
courts of Columbia, is the same with
that conferred on the other circuit
courts, and not greater. What then
were the powers qnodd hoe conferred
on the other circuit courts? To issue
subpQnas into another district, in cases
before them, of which they had cogniz-
ance, that is, in federal and not NUM-
cipal cases; Of these latter they have
no Jurisdiction, and therefore cannot
in such cases issue snbp9nas into ano-
Their district. But the Circuit Court
of Columbia has the same powers with
those of the other circuit courts-that
is to say, they have the power in tede-
raj cases to issue subpGnas to another
district; but in municipal cases, in cases
arising under the laws of Virginia and
Maryland, they have no such power.
To allow them the power in such cases,
is not to give them merely all the pow
ers belonging to the other circuit courts,
but more than aH-whlch cannot be
allowed. They would have more pow.
ers on this subject than all the other
courts, state and federal combined, IT
this we're permitted. II, instead OF
blending all the Judicial powers of the
district-federal and munlcipal-in the