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

am now to enquire into the correct
ness of this opinion.
/ Let II be remembered, thatthe court:
OF the United States, established under
the third article of the constitution, are
vested with limited powers only. If a
case does not arse under the constitu.
ton or laws Of the United States, OF
treaties made under their authority:
or, if it does not affect ambassadors,
other public ministers or consuls; or.
II 1t is not one of maritime or admiral
ty jurisdiction; if it is not controver.
sy TO which the United States are n
party, or between two or more States.
or between State and citizens of ano-
ther State, or between citizens of diff.
ferent States, or between citizens of
the same State, claiming lands under
grants of different States, or between a
State and citizens, thereof, and foreign
States, citizens, or subjects: if such be
not the state of the cases, the federal
courts have no jurisdiction. In that
large class of cases arising out of the
municipal laws of a State, the federal
courts have no jurisdiction, the State
courts exclusive jurisdiction. In all
cases of crimes committed against a
State; in all cases of contract between
citizens of the same State; in all cases
of alienation or descent Of lands, in
which citizens of the same State are
concerned; in all cases of meum and
tuum, whether in law or equity, be-
tween citizen and citizen: in short, in
the every day business of life between
members of the same sovereignty, the
state courts alone have the jurisdiction.
1t is obvious then, that large as is the
jurisdiction ofthe federal courts, that of
the state courts is much more extern
sive.
When Congress by their act of 1893,
authorized the process of subpoena to
issue from one district to another, the
effect was to authorize the circuit courts
to send such process beyond the limits
of the State in which they were loca-
ted. But the state courts had no pow
er to send out such extra-t territorial
process. This, then, was the state of
things when the District of Columbia
was organized. There were in each
State two distinct sets of tribunals, EN-.
anating from, and belonging to, differ.
ent political bodies. To the one set
was confded the power Of issuing the
process of subpoena out Of their own
bounds; to the otler, it was denied.
Thus the circuit court of the United
States for the district Of Virginia, sit
ting in Richmond, could send a SUBJ
p9na fos witness to Maryland; but
the district of Henrico or the general
court Of Virginia, sitting in the same
place, had no such power.
The broad distinction between the
subjects of jurisdiction in the two sets
Of judicial tribunals was plainly in the
view Of Congress, when they undertook
the task of providing or adopting a
system of laws for the District of Co.
lumbia.
AS the two States had parted with
all jurisdiction over the district, and
the people contained therein, it be.
came nee essary to organize a court
or courts for the district. They had
the exclusive power of legislating for
it. 1t was in their power to have two
sets of courts, as in every other part
of the United States-thal is, one court
to be vested with federal powers, ano-
Their court with municipal powers. But
the size of the territory, and the num-
Der of people did not require such a
division of courts; and considerations
probably forbade the appointment of
so many Judges. They therefore de-
cidcd on having only one court which
they denominated the Circuit Court for
the District of Columbia.
But still they kept up the distinc-
ton between federal judicial power
and municipal, or quasi state judicial
power-although they conferred both
kinds of power on the same court.
Thus, in the first section they enacted,
that the laws of the State of Virginia
should continue to be the law of one
part of the District, and the laws of
Maryland Of the other. Previously
thereto, the Constitution and the laws
of the United States, had disrobed the
States of Maryland and Virgidia, as
well as the other States, of all those
powers which had been conferred on
Congressman had disrobed the courts
of those States of all those judicial
powers, which had been conferred ex-
clusively on the federal tribunals.
What laws of Virginia and Maryland
were thus declared to be in force in
the District of Columbial They are
the municipal laws of those States
the laws founded upon the reserved
rights Of those States. Amongst those