Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-07-24
THE ATTACHMENT CAsE.-No. III.
7SMe Editor of the alexandria Gaselis.

S1R:-I shall proceed to state other reasons
why the Circuit Court Of the District Of Column
bia is not ga foreign tribunals as to any of the
States, but il Court Of the United States, aud
as such can exercise all the powers which a Cir.
cult Court in any of the States may lawfully ex.
ercise.
The cd section Of the act supplementary to
the act concerning the District of Columbia,
passed Sd March 1901, directs that sail indict-
nents shall run in the name of the United States,
and conclude against the peace and govern.
ment Of the United States.'"
BY the act creating the Court, the Judges are
required "tO take the same oath or affirmation
provided by law to be taken by the Judges OF the
Circuit Courts of the United States" The form
Of this oath is prescribed by the 9th section OF
the judiciary act Of 1889, and is that they will
" administer justice without respect to persons,
aud do equal right to the poor and to the rich,
and will faithfully and impartially discharge the
duties incumbent on them as judges, according
to the best Of their abilities and understanding,
agreeably to the constitution and ta,es OF the
United States"
By the 9th section Of the act for regulating
process in the Courts Of the United States, pass
ed 9Th May 1892, vol. 2. lO7, the Clerk OF the
Supreme Court is directed TO transmit to the
Clerk of each Of the Circuit Courts Of the U.
States the form Of writ Of error, which form
the Supreme Court is by Law to prescribe. I'm.
der this law a form Of writ Of error has been
transmitted to the Clerks Of the Courts OF the
District of Columbia, which is directed "to the
Judges of the U. States Circuit Court IF the Dis
fricf Of Columbia
By the same law the Supreme Court is EN-.
powered to prescribe, from time 10 time, to the
Courts Of the United States, the form and mode
of proceeding in suits at common law, and to
regulate the process in the Courts Of the United
States. The Supreme Court has prescribed the
forms of process for the Circuit Court OF the
District of Columbia, and has adopted rules OF
practice in ChaDcery causes in the same Court.
| trust it is now evident that the Circuit Court
Of the District of Columbia is Court of the
United States, and not local Municipal Court
of the District; and that, as a Court of the U.
States, it can exercise all the authority beyond
the limits of the District, that any other Court
OF the United States may exercise beyond its
territorial limits. II such be not its character
and authority, then the object which the people
Of the United States had in view, when they pro-
vided that Congress should exercise erciusiUe lie.
gisiation over such district of country as should
become the permanent seat of the General Go.
vernment, has not been secured by the Constitu-
ton.
BY the act of the 10th July 1898, the Judges
Of the Supreme Court, and the District Judges
Of the United States, have authority vested in
them to require security for the peace and good
behaviour, in all cases arising under the Consti.
tuition and laws of the United States. II the
Judges Of the Circuit Court of the District Of
Columbia, according to the argument Of the
learned counsel, are Judges Of only an infe-
rior local Court, and, like other local tribunals,
not authorized to exercise the same powers which
the Judges of the Circuit Courts of the U. States
can, it follows that they cannot require security
within the District of Columbia to keep the peace
and be Of good behaviour.
If the Circuit Court of the District of Colum.
bia is not Court of the U. States, but merely
local Municipal Court, neither the Court nor
the Judges thereof can exercise all the poWers
which are vested in the Circuit Courts Of the U.
States. would ask, where does the rcuit
Court Of this District get authority for many OF
the powers which it now exercises?
The act of the Gath September 1889, "to es-
tablsh the judicial Courts of the United States,'
in the 18th section, all the Courts OF
the United States to issue writs Of scire facias,
habeas corpus, and all other writs, not specially
provided for by statute, which may be necessary
for the exercise Of their respective Jurisdictions,
and agreeable to the principles aud usages Of
law; and the same section further authorizes Ell.
Their of the Judges of the Supreme Court, as
well as the Judges Of the District Courts. to
grant writs Of habeas corpus for the purpose q
inquiry into the cause Of commitments.
The 18th section empowers the Courts of the
United States to require, on motion and due no.
tce, parties to produce. in the trial of actions at
law, books or writings in their possession or pow
er which contain evidence pertinent to the ISSUE
The 18th section authorizes the Courts of the
United States to grant new trials.
The Soth section prescribes the mode of taking
dispositions de Jens esse in civil cases depending
in the Courts of the United States. where the
witness lives at greater distance than one hun
dred miles from the place Of trial, or is bound on
voyage to sea, or is about to 60 out of the Unit
ed States. or out Of such District, and to great
ter distance than one hundred miles, befure the
trial, or is ancient or very in6rm. Can a depo.
si,ion taken under this provision Of the law be
read in an action at law depending in the Circuit
Conrt nf the District of Columbia? If IL be not