Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-11-26

sachuse but In the latter State, under circumstances
greatly de,raeing hom the weight OF the decsion they
have caned, aud exercised It, (See the collected
In Serg Const Law, ~ 272 and 1.-The General Court
Of Virginia, in pa'fe Pool, before cited have taken
middle, seemed TO him, the true ground-neiher
wholly discaming, nor yet asserting any
tent the authority in question. That case was decided
by judges jealous Of the rights Of the States as watch
ul guard against the encroachments Of The General TO-
vetnnen, as ever sat on any bench. Aud what the
principle be deduced from their Il, csot this
that the SteCouris have concur
with the Federal Judges aud Courts in all Of illegal
confinement under colour oil the authority Of The u States.
ercepf VIII. such confinement IL the quente Of
judicial proceeding OF Court OF the U. acs. in which
the all. gaiion upon which the commitment is wade, may
be tried Th. decision protects sufficiently the rights Of
The CITIZEN aud at the time, avoids collisions between
the cour,s-imiiatng therein, the example which had
been furnished by Congress in the Judicial Ac OF 1889.
which whhvls from the Courts ot the u States the pow
OF interfering whenever the connrme mt is under iu
dical authority oi Satel Sory's Laws U. s., SO,
sec IL.
The Attorney General sneers at the principle of judi.
eiai comfy resraning Judge from letting loose the
prisoners vi h brother Judge without ransom l.,
vertheess principle sanctioned by the appreciation Of all
times AMI counties, and most wise and necessary in tact,
however ridiculous form IL might be male 10
This is not the first Time. that grave toisdo has been
made TO ridiculous fgsre by such wits the
Attorney See Don Quixotte pdss. And il the rule or
rather the rule, OF the sAtloruey adopted, he
might multitude OF prisoners discharged under
circumstances silly and absurd and quite much
the annoyance perchance, OF the judge dscharging them,
as happened in the wel-known instance OF the galley
slaves Was il obvious glance, what infinite con.
fusion. what multitude OF petty squabbles OF contenJng
Jurisdictions would a,'e, II the principle in question
departed from. disturbing the peace Of society and the
quiet tenor Of the aws until at last prisoer think
himself happy to be safely locked gao that he might
escape the danger obeing torn in pieces at the door, be-
tween the Judge who pat him in, and the Judge who
would put him out.
due 10 the court OF Alexandra, from calling in question
The legality OF its proceedings, there another principle
that should forbid 1.-THE principle Of selfrespect For
IL not obvious that the rpo+on OF this court
suit IL may, must be either gratuous Intellectual!
This court called depart irom proper lunc
tons, TO exercise Jurisdiction conferred to in
eTfere with the business OF other tribunals subjected
to liz CONTROL under condition, and with full knowledge
that ii II shall perform their work TO their liking, they will
approve, otherwise they will undo il, at least will have
power to undo it, according 10 their Judgment This
do nothing in the matter, which the Of the u
States are not competent TO do-nohing which they are
not competent TO undo, at their discretion.
He said that extreme such had been supposed
by the gentlemen the other side particularly the Aor
ney Generato whose fancy every power OF the General
Government and its courts seemed the image OF
The Federal tribunals might be imagined, in which it
would lie the duty not only of every Judge issue his
Hdoeds Corpus but OF every man TO raise his arm, to
snatch from the clutches Of awess court its victims
Such cases may when Scroggs and Jefres shall
take the place Of Marshall-but he that
laws and rules of judicial practice
with the idea perpetualy in minds that they
likely TO be administered by such filthy butchers the
twain he had newfoundland he hoped, that courts
by virtue and wisdom, would be respected, least until
they should cease to be respectable.
But had not the power claimed by the Circut Court Of
Ale xandria been conferred upon it!
The reply OH the other side is, the district is TO-
reign terrory-Congress in respect TO il is local.
municipal legislature. and cannot, by either OF
its general powers its particular power Of inclusive le
gsation the district establish any court
law for the district, which shall have an
authority and efec-meaning by exit aerroria, of
the foreign territory aforesaid Such is the position
broadly taken the other side He said. if this be so
the most surprising consequences would inevitably follow.
IL would follow, that this little dominion of miles
square, had for thirty claimed and exercised
neghoors greater power, with more arrogance and less
resistance than any other since the beginning
oil time For thirty years il had claimed and exercised
the people OF these States jurisdiction almost extensive
as the same States had fiji TO confer upon their
judicial trying, and furnishing the ci
zens oil these States mot TO mention minor
PATTON for all offences by them either within il,
limits upon the high in foreign parts elsewhere
out OF the limits OF any State This usupaion had been
Pracused without question or complaint, upon people
jealous above all others OF their rights and liberties
sighted TO spy out the most distant specks of approaching
aggression and ready and determined resist repr and
subdue IL, when il came.-Nsy, more this dominion
mad Tor thirty years. not without murmurs and complaints
but with very general assent and acquesc the
part oil IFS neghbors, asserted for its municipal laws
large extent paramount authority the laws and Con-
siuions OF these States Since the fall Of Rome, lit
tie territory had ever usurped Since the fall Of man,
no such usurpaon had ever been tolerated.
He said there must be in argument which
leads 10 such resullsthe in its
ed through the whole trunk and branches. Congress
not the Municipal Legislature of the District in any
According TO our notions, the Legislature derives its pow
ers from the people for whom acs is the creature OF
eT sovereignty supec 10 their control, and held TO
count them FORTS conduct None Of these things could
be predcated oil Congress in respect the District
might in respect TO the United States In passing any
law, the most confined to the District in its operations for
the building for instance, of gao Congress exercised
powers derived The States expended The money the
States was responsible TO the Sates and the work. when
finished, was the property of the States in establishing
court and making provision for its judges and officers
AT the adoption Of the Constitution, the District belong
ed in parcels to Maryland and Virginia; and Congress
under its general powers, might then have established
Circuit Court of the u States within that district of coun
uy win jurisdiction coextensive with the Union. Ar
terwards, when the District selected and apart for
the seat Of government Congress acquired greater
power, the power Of exclusive egsaton-b the
surely remaned-if merged, il lost its
stance left, if not its distinct being: accordingly by
the 81 OF the act OF Feb 1901 Congress did ess
ls Circuit Court OF the u. States for the District with
jurisdiction nearly equal that OF the other Circuit Courts
OF the u. States. In March, 1902 Congress also esab-
shed District Court othe u States for the District, and
gave to is jurisdiction equal to that Of the other District
COurs OF the U. States.-Laws of u. States, vol g. d.
100, 81 But for the brevity of these laws which
in respect 10 the Courts thereby created of three or
four lines each, he believed that their effect would now
have been questioned. But il must be observ ed, aud
should be remembered that this municipal legislature Of
the District Of Columbia, much occupied in settling
The great political concerns Of their neighbours the United
States especially in making Presidents for them that they
performed IN very hasy and slovenIy their
other uDcons and amongst them, that of making laws
whether general or local They merely threw out the
rough block OF law leaving it be Clipped and chi
cled and polished by the Courts into such shape
might.
Mr. Rhodes here again referred 10 the judicial act OF
1882 II, under which lie said the Circuit Cous Of
the u States for several years exercised the oissu
ing subp9Da', &c.-See parte Bolman and Swart-
won't - Cranrhb15-o the act OF 1793 g. p. 3I2,
Story Laws, u s. in terms authorizing the same Courts
10 send process for witnesses out the district in which
they might be heldsnd TO the Bird section Of the Of
Feo lool (3Sorys Laws, U. s. 2Os9) comforting up