Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-07-27

1889, they are not the Courts created by that
act, and which by it have jurisdiction OF offences
against the United States. The act Of the eth
February, 1901. concerning the District Of Co.
lumbia, in the Sd section, declares that the Cir
cult Court Of the District Of Columbia, and the
Judges thereof. shall have all the powers by Law
vested in The Circuit Courts, and lie Judges Of
the Circuit Courts, Of the United States. This
is the only provision in that act which gives the
Circuit Court Of this District power to try civil
and criminal cases. The first section OF the
act declares that the laws Of Virginia and Mary
land then in force in those States should be 10
force in the District; but this did not either Gre
ate the Court or define its jurisdiction. This
was left for the Sd section Of the act. Then il
the same jurisdiction has been conferred on the
Circuit Court Of the District Of Columbia which
the Circuit Courts Of the United States had, the
inquiry is, what jurisdiction had those Courts,
on the eth February 1901, in criminal cases?--
II will be replied, none but what the act OF 1889
gave them. OF course the same jurisdiction is
given 10 the Circuit Court Of the District Of CO.
lumbia. II is Court embraced by that act. Ii
is a Circuit Court of the United States Of dis.
trct called the District of Columbia. The Cir.
cult Court which il held by the Chief Justice
and the District Judge Of Virginia, is called the
Circuit Conr, Of the Hisirici Of Virginia. in the
law creating 1t.
La 1901. the same Congress that passed the
law establishing the Circuit Court Of the District
Of Columbia, reorgsnzed the Circuit Courts Of
tie United States in The several States. They
were thereafter to consist of a Chief Judge and
r,oo assistant Judges. These Courts had cosni-
Zance oi all cases, civil and criminal which the
Courts created by the &C, Of 1889 had And
how was the jurisdiction given TO the new Courts5
Ii Is given by the same words which give it to
the Circuit Court of the District Of Columbia.
In the year 1870, the State Of North Carolina
agreed to The Constitution. aud became mem.
Der OF the Unioa; aud on the 4th Of June. 1890.
Congress passed law declaring " that the act
10 establish the Judicial Courts of the Uai.ei
States shall have the like force within the State
of Nurih Carolina as elsewhere within the Unit
ed States" In the same year, the State Of Rhode
Island adopted the Constitution, anu thereby be-
came member Of The Union; and the "a III Of
jane, 1870, Congress passed similar law, ex
tending the Judiciary Act TO that State. Ten
uessee sas admitted into the Union in 1896, and
IN 1907 was formed into Judicial District by
the name of the District Of Tennessee, for which
Judge was appointed, to be called Dis'''Ct
Judge, who should g in all things have and cXer-
else the same jurisdiction and powers which are
by law given to the Judge Of the District of Ken
lucky In 1902, Ohio was admitted into the
Union. and in 1905, Congress passed law SINH
lar IN all respects to the law relating 10 Tonnes
see. Bv the Judiciary Act of 1889. Kentucky,
then part Of Virginia, was forsned into sepa
rate Judicial District, called the District Of Ken.
lucky, with the powers and juris dictIon Of Cir
cult Court. Thus the District Courts of Ten
nessee and Ohio, not being Courts created by
the Judicial Act Of 1889, are not, according to
the opiniun Of the Judge Of the Eastern District
OF Virginia, included in the SD section OF the
Judiciary Act; aud, therefore, il an offender
against the United States fees from either OF them
into Virginia, he cannot be arrested. The words
used in these laws are the same, in substance,
with those respecting the jurisdiction of the Cir
cult Court Of the District OF Columbia. Gun
gress, having the power 10 declare that the act
TO establish the Judicial Courts of the United
States shall extend to the District Of Columbia
has. BY yestn. in its Cour, and the Judges there
OF, oil the powers Of the Circuit Courts OF the
United States and the judges thereof, done so as
fully and amply as if the words US ed in relation
20 North Carolina, Rhode Island, Tennessee and
Ohio, had been adopted.
II the Chief Justice and District Judge are cor
rect in their opinions, What is the consequence
I'he very object in view in giving exclusive ju-
r!sdic.Ion, in all cases whatsoever, over this Dis
trict, is defeated. Not only the inhabitants Of
the District, but all others. may commit what Of
iences they please in the District, even treason,
and, IT they escape out Of il into " sovereign
State" such as Virginia, they are safe from pun
ishment. There is no offence that may not be
committed here with impuni,y, where the city Of
refuge afforded By the adjoining States is so near
at hand. if such be the legal condition Of this
District, il is time that those who have the power
10 remove the evil should inquire into it, and ap-
PLY the remedy. a Citizen ofthe District.
NoTE A.
In the cases Of Msrbury & Madison, Cranch-
los, and Wise VS.. Wi,hers, Sd Craneh $50, the
supreme Court decided that Justices of the
Peace Of the District Of Columbia were judicial
Officers Of The Government Of the United States,
and in the latter case decided that Wise, as such,
WAS under the act of Congress Of 9th May. 1899,
which exempts I" the Vice President oI tho Uni
ted States, the officers, Judicial and Executive,
ef the Government of The United Sides" Sc
not bound to perform militia duty. " Justice
Of the Peace is a judicial Officer Of The Govern
ment Of the United States, IL follows that the
Chief Judge and Assistant Judges Of the District