Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1833-12-05

III Tue udily hdDIt Vi imposing nneS, o
attaching witnesses who refuse to ODE,
the process of subpoena, and do no
see how courts of Justice can perform
the business before them without tn,
exercise of this, or some equivalen
power. My opinion is that the consti
tuition does vest in Congress the power
; of arming their courts with those pow
ers which are necessary to enable them
to discharge their duties, and in one
case it imperatively requires that the
courts should exercise those powers;
for the sixth amendment declares 'that
In all criminal prosecutions the accus.
ed shall enjoy the right to have compul-
sorry process for obtaining witnesses in
his favor" Before the establishment
OF the Constitution, it was we'll known
In every state Of the Union what was
the nature and character of the com.
pulsory process by which the CON-
mands of the courts were enforced.
The process of attachment was well
established process for that purpose;
and when the Constitution vested Con-
gress with the power of establishing
courts, the 18th clause of the eighth
section may fairly be understood as
vesting them with the power of author
izing those courts to issue attachments,
or other process, necessary to carry
their orders into effect.-But have
not yet seen any law of Congress
which authorizes the Circuit Courts
ofthe United States in any case TO issue
attachments to run into another District
or State than that in which they are
holding their courts. 1t was deemed
necessary to give an cypress authority
by the act Of 1893 to the courts, to
issue subpRnas into another District or
State. The act did not follow up this
grant by authorizing attachments TO
Iun into another State in case of diso-
bedience of the process of subpoena.
The service of any kind of process
from one State in another State was
at that time unusual, and If it was ne
cessary that law should be passed
to sanction that practice, it is much
more necessary that the more search
ing, and more compulsory process Of
attachment should be authorized by
law. If this case then rested here, |
am of opinion that should be justified
in discharging the petitioner, unless
some act of Congress can be shown,
authorizing circuit court Of the Uni
ted States to issue attachments into
another State than that in which it is
sitting. But the investigation which
has taken place here, will probably
justify, if it does not require, that |
should examine the question whether
the circuit court of the district OF Co.
lumbia has a right to issue the process
of sulpGna beyond the territory Of the
district, in case arising under the
municipal laws of the district.
The Judiciary Act of 1889, 5 IA
LIST. Story's ed. p. SGT declares, that
the courts of the United States, ''shall
have power 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 agree.
able to the principles and usages of
law" The act of 1893, ) 6; LIST.
Story's laws United States $40, de-
clares, "that subp9nas for witnesses
who may be required to attend court
of the United States, in any district
thereof, may run into any other district;
provided, that in civil cases, the wit
nesses living out Of the district in
which the court is holden, do not live
at greater distance than one hundred
miles from the place of holding the
same" These early acts We're appli-
cable to the circuit and district courts
| of the United States, which had been
recently established. The District of
| Columbia was established afterwards,
and on the 9th February, 1901, the
first act was passed, concerning the
District of Columbia" The first Sec
ton of that act declared, "that the laws
"of The State of Virginia as they now
"exist, shall be, and continue in force
sin that part of the District of Colum-
"bia which was coded by the said State
"to the United States, and that the
"laws of the State of Maryland as
'they now exist, shall be, and continue
sin force in the other part of the dis
strict, &C."
! The second section Of the act forms
the district into two counties, and d.
: reefs that court shall be holden in
each.
The third section organises the court.
II declares "that there shall be court
Gin each district, which shall be called
"the circuit court of the District Of
columbia, and the said court, and the
| a., L. .I--.A.c rhnu haun I'LL The 1lnfc.