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

vested that court with all the nowers
abiding IN the Circuit Courts Of the
United States every one would see.
that whilst to the latter the power in
question was given, from the former il
was withheld.
If to any one il seems strange, thu,
the courts Of tho same district should
have power or not, according as the
subject before them is Of a federal, or
a municipal character, can only say
that similar spectacle may be seen
In every State of this Union. IL a
man be charged, with robbing the mail
IN Henrico, and be brought before the
Circuit Court of the United States, sit.
ting in Richmond, the judges of tina,
court may send their process for the
witnesses in any district, that is, any
State in the Union. 1.-THE companion
OF that man, be charged with robbing
on the highway, passengers in pri.
vate carriage, and be brought before
the Circuit Court of Henrico for trial,
the judge OF that court cannot send
process for witnesses to Alexandria,
Baltimore, or any other place out of
the State.
II has been said that the Congress oil
the United States, in legislating Tor the
District of Columbia, acts as the Con-
gress Of the whole United States, and
not as the Legislature of that particular
place. | cannot understand this doc.
trine. The laws of the United States,
passed by virtue of the powers specifi-
cd in the first fifteen clauses Of the
eighth section, apply to the people
and territory of the ten miles square,
IN common with the rest of the people
of the U. States. But the sixteenth ses /,
ton gives to Congress power to exer-
else exclusive legislation over that dis. |
trict. This power consists of two parts:
First, the specific, given power Of Fe.
deral legislation; and secondly, the
residuum of legislative power, which 10
other cases is reserved to the States.
This residuum is surely as much local,
as is the Legislative power of the States.
Congress stands to the District in the
same relation that the State Legisla-
lures do to the respective States. And
as State Legislature can only legis.
late for its own State, and cannot en-.
forceits laws beyond its own limits, so
neither can Congress, in legislating for
the District, cause its District laws tol
be carried into effect in the States,
without their concurrence. The total
legislation Of the States is made up of
Federal Legislation by Congress, and
of local legislation by the State Legs
latures. How can the legislation oil
the District consist Of more partsl All
that it can ask is, Federal and local
legislation. If, in addition to these,
you give il local legislation, which is
to operate generally, not in that place
only, but in all other places, you mar
the beauty and symmetry of the whole
Federal system, and confer on Con.
gress a power OF doing Indirectly that
which it cannot directly perform. Con.
gress cannot pass municipal laws for
the States; but if, in passing municipal
laws for the District, they can affect
or impair the municipal laws of the
States, they do Legislate for the States
on those municipal subjects. In taking
this view of the Constitution, should
say that Congress has no right to pass
any law directing the process of the
Courts Of Columbia to run into any of
the States, for the purpose of enforcing
the merely municipal laws of the Dis
trict, though these municipal laws
should be enacted or adopted by Con.
gress itself. do not, however, think
that they have, as to this matter, pas
sed such law--as have already en-
deavored to prove.
Upon the whole am clearly Of OPT
Mon, that the Applicant is detained in
custody without lawful authority, and
that he must be forthwith discharged.
An Ohio paper exclaims-"General
4 L.. he R1pk-tat