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

under lie former organization parts Of States had
ways been and still continued part Of the United States
the laws previously enacted by Congress GROWN
the granted powers, si apple able them, aud IL
was not thought TO eensct them specially
the district Thus the people Of the district ere ie
dia;ey provided With two o laws, municipal aud ye-
deal. ..s..
II then bscsme necessary to provide court or courts.
10 carry uto effect within the district. we'll the fcdc
rs the municipal laws They created one Tor the
whole District and vested IL wiih all the powers by law
vested In the circu, OF the United StaesSsc. 3.
IL has been argued that the sixth section OF the Of
1898 declared that suhrnas Tor witnesses who may be
required 10 attend any dist may into any
other district, the circuit court Tor the Dsct Ut Coum
ba, being vested with the ers may direct sub.
pocnas ia all OF which they have
from their district into any other distinct But this, APP.
prehcni, is non stquitur The power, cotierred b,
this third section on the circuit courts OF Coun5" is the
wiih that couf the other circuit courts and
not greater What then the powers quodd hoe n
fred on the other circuit cOurs Toissu. subpRuas
TO another district, in before them, winch they
had cognzanc', that il, in federal an municipal
se oil these latter they have jurisdiction,
cannot in such issue suhpCe into
But the Circuit Court Of Columbia have the ow
Win those OF the other circuit cour,shst is to say they
have the in federal 10 i.se sutpna
ther district; but in municpGt cases. la arising
der the lnso Virginia land they have such
power. To allw them the power in such cases
give hsn -isiy all the powers briorgng TO the other
circuit courts, but more than dHwhich cannot be allow
cd They would have iuore powers on this subject than
all the her courts. state and federal combined il this
were permitted. H. insea Of blending all tie judicial
powers at The disircti-,ieral municipal ia the same
court they had been separated they III every State
IN HE Union, there woul bs difficulty tn subject
IL. ter adopting the laws Virginia aud Mar, land in the
hrst section, they had created carry Into effect
those lsws-au then created different carry in
TO effect the federal laws OF the Union, and vested
court with all the powers abiding in the Circuit Courts OF
the Cniie States every one would that whit the
latter the power IN question given. rom the former IL
wihelds ~ any it sirsnge, that the
court. OF tic district should have pow er or not ac
cordng the subject b, fore them Is OF federal, mum,
Cipal character only
lie seen in every STATE Of this Union. man be
with rohhns the mail in Henrico ami be brought before
the Circuit Court Of the United States, sitting Richmond
the Judges al that court may send their process Tor the
witnesses TO any district that any State the Union
IL the companion oi that he charged with obbirg
the highway Passengers in private carriage, and be
brought before the Circuit Court OF Henrico trial. the
Judge OF thai court cannot rcnd for witnesses
ALEXANDRIA, Baltimore. other place OF thu State
IL has been laid, that the Congress OF the u. in egs
laing Tor The District OF Columbia, the Congress
oihc whole U. s. AMI the y.ature of that par
tcular place ] Cannot understand this doctrine. The
Laws OF the s. passed by virtue c the spe cited
IN the first fifteen clauses o The Ssh section apply
people aud territory Of the ten miles square, in common
with the rest at the people OF the w. States But the 10Th
section gives 10 Congress power exercise exclusive e
gs'tion that district. This power consists Of two
part-: Fs' the specific given power o Federal lcgisla
tiou--and secondly, the raduun Of Legislative power
which III other cases reserved TO the STATES This
sidunm is surely much local. the Legislative power
OF the States. Congress stands the District in the same
relation, that the State Legislatures do the respective
States Aud as S'a'e Legislature only rgsa,s Tor
O n
limits so neither Cougress i'm lvgisiating the Dis
tc Cause its District laws he carried into effect in the
States without their concurrence The to al leg aton of
the States is made up OF Federal legislation hy Congress-
and OF local legislation by The State Legislatures. How
can the legislation OF the District consist Of more pars
All that it can ask - Federal and local legislation. IT, in
addition To these you give il a local legislation which is
operate generally, not in that place only but in all
other places you mar the beauty and ,y,nmeiry OF the
whole Federal system, aud confer Congress power
doing Indirectly that which il cannot directly perform
tongress cannot municipal laws for the States but
" IN passing municipal laws for the District, they
feet or impair the municipal laws OF the States they do r-
gis'ae Tor the States municipal subjects In tax
ing this view OF the Cons'uon should say, thar Con-
gres. has no right TO any law directing process
the Courts OF Columbia run into any of the States for
the purpose OF enforcing the merely municipal laws of the
District though those municipal laws should be enacted
or adopted ny Congress itself do not, however, think
that they have to this matter, yet passed such laws
! have already enaeavored TO prove.
Upon the whole clearly Of opinion. that the An
Piican is detained in custody without lawful authority
and that lie must be foriliwitk discharged.