Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-07-26
THE ATTACHMENT CAsE-No. ~.
To the Editor of the alexandria Ga:ene

s,p:-Tbe learned counsel, in his letter to the
RESPONDENT, SAYS: Gas no stranger ca" assume
p%arental authority over a child without 'ne c:n'
semi of the parent, so no State can exercise Ju'
risdiction over a citizen Of another State "i'h'h
the territory of his own State, without some con.
yentiouaI arrangement between the States 10 ths'
effect.n The abstract proposition Is moi ueh'eu'
but does it Justify the result to which ne mas
hrouoht himself, that the Circuit Court OF te
District of Columbia has no legal power 70 CO.
cree the attendance of a witness residing OUT o'
the District, to give evidence IN a case before Tue
Grand Jury or the Court? There has been a
. conventional arrangement between the people
of the several States ON this subject, which con
yentiunal arrangement is the Constitution OF the
United States, to which the people Of the state
Of Virginia are parties.
The Constitution declares, that congress
shall have power to exercise exclusive ieg'''auoh'
in all cases whatsoever, over such DISTRICT a.
NAV, BY the cession Of particular States, become
the seat of the Government OF the U. States
The people of Virginia gave their consent 10 this
arrangement, aud the respondent, as a ci!lZen VI
that State, is bound by that assent. Inc last pa
raerapb of the 9th section Of the LIST article gives
Congress power to make all laws which snail ne
necessary and proper to carry into execution, Inc
4 0TeOOlU anu ~ ohSN'S
Constitution ~ the Government of the U States,
or any department or officer thereof. The ju.
dietary is one Of the three great departments of
the Government. II, then, 1t was necessary
to enable the Judiciary Department duly TO en-
auire into all offences against the U. States, that
the Courts should have power to summon and
coerce the attendance Of witnesses from the dit'
ferent States, before them, then, under the Con
s%titution, Congress was bound to pass the law OF
March 1898, vesting this authority in The Court.
of the United States Congress having exercised
this power, the people Of the State OF Virginia
are bound by it. II the Circuit Court OF the
United States for Virginia can send a summons
to Massachusetts for persons in that State 10 al.
tend before a Court in Virginia, in a criminal
case. may not Massachusetts do the sameI-or IT
the Circuit Court of Virginia may summon a CT.
tizen of the District of Columbia as a witness,
before it, why may not a Circuit Court OF the
District of Columbia summon a witness residing
in Virginia, in a criminal case. to appear before
il? L. il because the District Of Columbia is not
a State? IL so, eau any Circuit Court OF the
United States held in one OF the States send their
summons for a witness into the District OF 20
lumbia? Why shall citizens OF this District be
compelled to attend at Richmond. Boston, or
Savannah, as witnesses before the Circuit Courts
tuere I'D Crltnln1l CaSPs. anu JCl WV 'S6"' W
those States not be obliged, in similar cases, to
attend before the Courts of the District? There
is nothing in the Constitution or laws vi the U.
States to authorize the distinction.
In the famous case of Burr, the Circuit Court
of Virginia, both for the United States aud the
accused, issued summonses for witnesses resd'
ing in several Of the States and Territories. not
exceptine Mr.. jefferson, then the President oil
the United States, aud a resident OF the District
of Columbia, to appear and give evidence before
the Grand Jury.
The learned counsel says, she challenges,
with undoubting confidence In the triumphant
maintenance of" his '.chailense, a reference to
any one>Iaw, or any one act Of Virginia, where
BY she has. either by express convention or BY
tacit implication, made auy concession to Con.
grrss of the power to extend the jurisdiction OF
the local tribunals of the District oyer the terri.
tory Of Virginia, ar her citizens abiding IN their
own State With equal confidence, | think it
can be demonstrated, 10 the satisfaction of all
whose minds are not So misled by notions OF
State Sovereignty as 10 be unable to admit the
force of any argument in opposition to IT.
Virginia has made the concession to Congress
of the power to extend the jurisdiction of the
Judicial Department of this District over the ter
ritory of not only Virginia, but of every other
State 10 the Union, in those cases where the pow
ers of that department cannot be duly executed
in the District without. II will be conceded BY
all that Virginia, beth in the General and State
Conventions which adopted the Constitution, was
duly represented, and that she did assent 10 that
clause of it which grants to Congress, as the h-
giskture of the Union, the power to exercise
exclusive legislation, in all cases whatsoever, over
such District as should become the seat Of the
Government Of the United States.". Virginia,
in the 4th section of the act Of cession Of a tract
Of country not exceeding ten miles square,, pass.
ed Sd December 1889, provides that the juris.
diction of the laws Of the State should not cease
and determine until Congress, having accepted
the %cession, shall by law provide for the govern.
ment thereof under their Jurisdiction, in the
manner provided for by the Consfituion."-
And what is the manner provided for by the Con-
stitutioni 1t is, to l~egislate in all cases whatso.
sper, in which legislation the people Of the Unit.
ed States, as well as the people Of the District.
are interested, that the Judicial Department of
the Government established in the District should
M IL. .-l.l r.. II r.- - r