Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-11-26
DOIs ES'ggC,
EXPAkTE JOHN II. pLEASANrs

oi STATES Tor The District
by virtue OF Wi, OF HoLeas Corpus al suJjicie,n 10;
sued by this Court commanding the Marshal To bring
The body Of the petitioner into Court aud shew the cause
oil bis caption and detention.
The Msrsha in his stated that he had taken the
oody 81 tho petitioner under attachment dir eced to
him. enanaiing FROM 'e Circuit Court Tor the county of
AeAanGis, and District OF Columbia, for contempt OF
.ia' Court committed by the petitioner, in falling to
obey subpoena here tooIe issued by the said Cour of
A.xand'a, directing him TO appear before the Grand Ju
ry TOT the said county of Ale xsns, .8e last ~ Civ
evidence behalf OF the United States against Robet
Randolph and others, touching a conspiracy alleged to
have been formed by them, TO commit an assault upon
Tue per.on OF he Presidentoi the United States
The history OF this case, developed by the proceed
gs OF the C'reuit Court OF Alexandria, which are cit.
{" III MO dhos attachment under which John H. Plea.
ss"s was arrested, briefly follows: On the 4 jav
o, June 1888 subpoena issued by Circui, our,
OF me District oil Columbia, directing the arsha of tho
Eastern District OF Virginia 10 summon John H. Plea
SAINTS TO appear forthwith beore The Grand Jury of the said
Seur TO testify on behalf Of the United Stars On the
c OF juno following, IL having been proved 10 the Cour
una, ,s subpoena was served upon Peasants i'm the Civ
OF Richmond, the 9th ns who tol the officer seryn
il that she would not attend" the District A,,ornsv n
me United States, Francis s. Key ESQ., moved the Cour,
lof an attachment against the said Pieasans The Cour,
upon 'h's application being made 10y the District Attorney
.'4'eu 'm TO stale ON oath, the evidence which he *
who stated as follows: ~
~ THAT he was informed and believed, tina, John II .
ieasanis was the Editor OF the Richmond Daily w hip
In which paper he had letter published nu,no,I
ing to bear date the 7h day oil May last and to have
been written by person in Aeyandria IN som.
son In Richnond That the Grand Jury had ,ben be,r.
'hem bill oil Indictment charging Robert b. Randolnb
ana suhhy o'her persons. with having consped and con.
e"er'ted together, TO commit assault upon tn. Presi-
Dent OF the United States. i'm the county OF AlexanJ,i
That he expected the said Pleasants could provc ,yLn
e VINE: oil The said letter. and that he considered the
aes ana circumstances stated in the said letter. as tend
ing 10 prove in connexion with other facts and circum.
stances whch he had believe had bee proved
or might be proved 10 the Grand Jury that there was
such conspiracy That he considered the facts and cir
cuhsiances stated in said letter tending 10 prove il moi
SUCK conspiracy, yet in connexon with Other facts and
~ cII Ieb s1iara. Il
before The Grand Jury, aud Improper
'opevepthe arrest oiihe said Randolph who is stated in
SAID letter to have committed assault on the President M
he United States and which assault had been presented
by The said Grand Jury and by preventing such arrest to
oos'ruct tie administration OF Justice. lie further Sta
e" ath appeared from the said letter. that The writer
was acquainted with many material and impor,ant cir
euis"nces connected with said offence OF Randolph both
before and alter the was commit, d. ami ,hst G M
reasons above stated, he had considered it his official du,
10 nave The said Pleasants subpmnaed give S
10 ,ne wTier oil the said letter, to the Grand jury"
ne Court uhereupon made rule az the said Plea
SAINTS returha6!e on the l7th day OF June following 6
shew cause why he should be attached for conemn,
'" we process OF that Court subpoena duceS fecum as
"o 'ssue"' feVrnahe on the same day, directing Plea
SAINTS TO appear before the Grand jury and Lrng ib ill.,;
me original OF the letter referred to in Mr. Keys affidavit
on NE return day OF The rule, a!avil of PLEASANT
eHhoicd To The Court by his COUNSEL SC tng forth sun
reasons why the attachment should not issue which mo,
og ueems" satisfactory by the Court, the aachnen,
was awarded ANA on the 9Th day OF October last an alias
"i"e""e" was Issued, under which John f. PLEASANT,
vas a., arrested on the l4ih of November following
b. fnr
Tue Omted States, and by WILLIAM H. McF An1ANn
anu JOHN ROBERTSON Esqrs. OH behalf of the Petitioner
Il, mf. Rhodes sal that in rising to shew Cause why
the applicant should he dschaIee he assumed ,,,'
himself Tie performance oil office IN no way qtA,,tu
10 BIN, except IN so far il was "a du y OF irenI.in
ior me gentleman who in this DEuic represented The q
states ana whose absence and sill mt re s caus. he
deeply reereu d. He found also source OF enb,rr,ss
neht IN he consideration that tie questions involved II,
ms P'Ocesa,hg were OF character aoget new TO
mus an" ehVieiy cut OF the line OF his ordinary nj, les
siOha studies and pursuits, which had hitherto been
hhei 10 he business OF our domestic tribunals te vas
not accustomed 10 the discussion of grave ouesops ~
consi uional law and contTovered ir sdic .,d J.,
must therefore, ask The indulgence OF The Couit for ,
Imperfect manner IN which be might discharge tie
nightly resPon'ibe duty which he had assumed 49,
ne man question involved in this controversy he
Sook 10 De this: Has The Circuit Court the United
States Tor the District OF Columbia authority IN send
'r'" process OF Subpoena aud attachment, he yond the Ii
nhs OF the District? Whether ihis authority had in ,Ie
present Instance, been disc'eey righuiy exercis
ed was matter not belonging, lie unprecedented to ,he
consideration OF this Court - 80
The simple enquiry here, was, Did the Court of the
District possess the authority?
The Judicial power the United States evenJed or
The whole Union, including the District of Columbia; and
~ me exercise OF this general Judicial power Congress
niu me fghi 10 establish in the District Courts no
ny what name called, with jurisdiction rouaI IN Ina ~
1t may confer upon any other Courts of the u states
.aoishch elsewhere, with Jurisdiction extending (.i,bn
It's proper sphere,) the whole Uuion This he an
pretended, could not be denied and he therore
ell The true question TO be, Whether the laws of the Uni
ted States had in fact conferred upon the Court nj n
District the authority which in this instance had bec
claimed: not whether such authority might he en- couir
req! The Judicial Act Of 1850 gave 10 tie Ctcuit Co,rf
OF ne United Ststes thereby established mower IN is
All profess not specially provided for by statute which
might be necessary Tor the exercise OF their
Jurisdctions-See 1. Si0rys Lars 0f he o. s. I'll %
Ii, P 90; and4he Act of 1893 expressly invested them
VIII the unqualified power issue process. of suh,c,r
TO run into any other District in oil criminal cases and
w al clv cases, where the witnesses living within apo
ter district did not live at greater distance than Ion
miles from the place Of holding the Court in which ,e
Their DISPOSITIONS might he taken. SfOyy's Lars oC me
o. y, ch 66, 6,p. 3I2. THIS last section t,en il no,
we Act OF lIs0, conferred upon lhe Circuit Cour. of e
u y, then ~ existence, the power in quesiou in ,c
most uneGnvocal manner But the Act concer,,u, ia,
District Of Columbia, passed February 1901 coucro
upon The Circuit Courts Of the then District oH he o,,v
ers which had previously been vested in tie Circmi,
Court OF I'e y. S-3. SiOrgs LGtcs If The ~ g cL
80, s. D. 2OSJ IL seemed ~ him terelpre In icil,.
by direct aud Inevitable consequence too cssty for doubt
OF question TO rrmain, tht hc Circuit Count Of the Ds
uct had perfect light, dcduced from The Acts above r
aod would hardly be denied HAT ID" power Of taf tour
to- dOch Tor contempt OF us process was uecess,r1v
cident 10 its power TO issue hat process
But was said, ibat The Court Of Alexandra was mere
COuniy Court local aud municipal Court tfndrubfed,
twas municipal Cour; but it AIo something more
u exercised municipal functions within the District and
over Tie people OF the Disfiic and Il also excr'ed over
monty OF Tie highest nature, very nearly equal to tha,
wnrh was conferred by COrCres. any other C,tcut
tOuf OF the UAOn hui, whether II exercised .te ono Of
lice or The other IL exercised powers not we'd tom ~
confined within The District, bat conferred under the Con
siitHion Of the u. Safes by the Government of he II <
Constitution aud laws Of tho several States poers
10 be regarded as exirderd'ofdi. unoss icv se,e
tended by nd tlo hounds oil ie Union rl,cc n,ncicI