Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-11-26

that practice, II IS much more necessary "'' '
more searching, aud more compulsory process "
attachment SHOULD be authorized by law IL 'h's
case then rested here, am OF opinion una.
should be justified in dischargng the Peauoaer'
unless some act Of Congress can be shown' autnor-
isins circuit court OF the United STATES u 'seue
attaehmen into another State than that IN which
- ;s s;t,;nu. But the investigation which has Ia.
ken place here, will probably justify. II 1t does
mt REQUIRE. that should examine the question
whether the circuit court of the district OF Coum-
bia has right to issue the process oil subpoena
beyond the territory Of the district, IN case art
SING under the municipal laws OF the district. y
|. The Judiciar, Act Of 1889. IA fst Story's
ed n. SGT declares, that the courts OF the United
States. shall have power TO issue wrlts OF scare
acias, Labeas corpus, and all other wrts moi sPe-
iciaIy provided for by statute, which may be me-
cessary for the exercise oftheir respective lor's-
dictions, and agreeable 10 the principles and usa-
pes of law" The act Of l79S. +; 1st Story's
| laws United States 3l2. declares, " that subPn.
mas for witnesses who may be required to attend
court Of the United States. in any disfr,cf mere
of NAV run into any other district: provided, 'hat
10 civil cases, the witnesses living out OF the d's.
trict in which the court is holden, do not i've az
a greater distance than one hundred miles ron
the place of holding the same" Iaese early
acts we're appli ahe to the circuit and distfiSs
courts Of the United States, which had oeen.re
! cent?, established. The District Of Columbia
was established afterwards, and on the 27'h
February. 1901, the frs, act was passed, icon
corning the District Of Columbia" The hrst
section of that act declared, t" that The laws OF
6. the STATE Of Virginia as they now exls', sha'i
>. be, and conlinue in force in that part OF the
:. District of Columbia which was coded ny the
g. said State to the United States, and that
{. the laws Of the State Of Maryland as they now
exist, shall be, and continue IN force IN 'he
IS other part Of the district, &C."
The second section of the act forms the DIS
trict into two counties, and directs that a court
shall be holden in each.
J The third section 0rgan'ses the court III ue'
cIares that there shall be court IN each dIs.
trict. which shall be called the circuit court OIL
(" the District Of Columbia, and the said court,
=. and the Judges thereof shalt have all the po,o.
/" ers BY law vested 10 the circuit courts ana the
{. Judges of the circuit courts Of the United
81 States"
It's this latter clause, taken IN connection with
the sixth section of the act Of 1898, which is sup
posed TO confer on the circuit court OF Aexan'
dria. the power To issue its process ofsubpGna IN
alt cases mhich may be brought before it., INTO any
|
correctness Of this opinion.
! Let il be rem embered that the courts " the
United States, established under the third article
! of the cunstIia,i0n, are vested With limited pow
e,sonx Il case does not arise under the con-
st,tn,sr ~ sws of the United States, or treaties
made podaf shsi aulhorky;s or, II 1t does not al
feel ambassadors, o,hef 63lcgmipisters or con
SUBJ; ut. fit IS not one 81 dikrit,ne or admiralty
iurisdie,iop; ifit is not controversy to whi'h
: in+ U0ied States are party, or bet"ee TWO or
more {, ates, or between State aud citizens 81
anorhet STATE, Ur between citizens OF oinereh'
States, or between citizens OF the same S'ate,
claiming lands under grants OF different safes
or between a State and citizens, thereof, and
foreign States, citizens,or subjects: II such De
no the state Of the cases. the federal courts have
! no jurisdiction. In that large class OF cases arr
sing GU. Of The municipal laws Of State, the tea
eral courts have no jurisdiction, the State courts
exclusive jurisdiction. In all cases OF crimes
com United agans, State; in all cases OF conlrae'
between c,lizens at the same State; 10 all cases
OF alteration or descent Of lands, IN shirn c''i'
/, Zens OF he same State are concerned; IN all ca
ses Of meuni and fuuDl. whether 10 Law or equity
between citizen aud citizen: in short. in the eve
nv day business Of life between members OF the
same sovereignty, the state courts alone have the
J IurtSulCilOO. OU'iUuS tuSHt tHot ~ -
the jurisdiction of the federal courts, that Of the
state courts is much more extensive.
When Clpsress, by th'i; act Of 1898, au'
thorised the process OF subpoena to issue from
one district to another, the effect was to author
Use the circuit courts TO send such process be.
yond the limits of the State in which they we're
located. But the state courts had no power to
send out such xtra,territoria process This,
then, was the state of things when the District
of Columbia was organized. There were 10
each State two distinct sets of tribunals, ema'
mating from, and belonging to, different Poitl'
cal bodies To the one set was con6ded the
power Of issuing the process Of subpoena out
of their own bounds;to the other, il was denied.
/ Thas the circuit court Of the United States Tor
the district of Virginia, sitting IN Rchmond'
could send a subpoena for witness to Mary.
land; bnt the district of Henrico or the gene
raj court Of Virginia, sitting III the sane place.
had no such power.
! The broad distinction between the subjects
H.,