Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-08-06

fore observed, but because, after giving the
popers in the Sd section, they proceed to give
the jurisdiction in the 5th;-and that jurisdiction
is very different from the jurisdiction gwen "
the Circuit Courts of the United States: ~
If the argument were sound, it would equahy
prove that the jurisdiction of this Court Is coh-
fined to what have been called tederal cases.
The argument would then stand mus:
The jurisdiction of the Circuit Courts OF the
United States is confined to federal cases. Inc
power of the Circuit Court of the District OF Co
lumbia is the same as that of the Circuit Courts
of the United States. Therefore the jWisdic-
ton Of the Circuit Court Of the District OF 20
umbia is confined to federal cases.
But it is admitted in the argument that the Ju-
risdiction of the Circuit Court OF the DISTRICT OF
Columbia is much more extensive than that vi
the other Circuit Courts. An argument which
leads to admitted false conclusions cannot De
valid.
We are satisfied that it was not the intention
OF Congress to limit our popers by the JuriSa'c-
tion of the Circuit Courts Of the United States,
nor to confne the exercise Of those powers 10
that class Of cases which were within the Jurls-
diction of those Courts; but to give us powers
CO. extensive with our jurisdiction IL we nave
power to issue subpoena for witness In any
case, we have power to Issue it in every case
within our jurisdiction. If the other Circuit
! Courts have power to send subpoena in crlnl-
inal case beyond their districts, we have power
to send one beyond our district. If they have
power to send their process OF attachment be-
! yond their districts, so have we to send an at
tachment beyond ours. If they have power to
! hold special sessions for the trial of criminal
causes, so have we.
The act of Congress of the I'd of March, 1893,
chapter XXI, section 6, declares, "That subpe-
I" mas for witnesses who may be required to at
&c tend Court Of the United States in any dis
{" trict thereof, may run into any other district,
sprovded that in cirH causes, the witnesses
living out of the district in which the Court is
! &c holden, do not live at a greater distance than
&c one hundred miles from the place OF holding
e the same".and by the judiciary act of 1899,
! it is enacted, that all the before mentioned
Courts of the United States'' Including the
Circuit Courts "shall have power to issue
4" writs of Scire fdcias hdbeds corpus, and all
"other ,rl its, not specially provided for by the
statute, uhich may be necessary for The e.rer-
else Of their respective Jurisdictions, and agree
able to tie principles and usages Of lam;"
clearly indicating that the powers granted were
the means by which they were to exercise their
respective Jurisdictions and that those powers
should extend to erery case within their Jurls-
dictons.
The authority Of the Courts Of the United
States in criminal causes, to send subpGnas for
witnesses into any district is unlimited; the ex'
ception Of cirit causes confirms the general rule
in criminal causes And by the 18th section OF
the said act, power is given, to all the SAD
Courts of the United States, " to grant new Tl-
ais" &c. and "to punish by fine or imprison.
&c nent at the discretion Of the said Courts, all
-" contempts of authority in any cause or hearing,
before the same" If a criminal cause be pen
ding before Circuit Court Of the United States
in any district it cannot exercise its jursdic-
ton and try the cause, without witnesses. 1t
| tIr,, rif
of subpoena. That writ is necessary to enable
it to exercise its jurisdiction, and is agreeable
| to the principles and usages of law.
| The Court therefore has power to issue 1t; II
| is writ commanding the marshal to summon
the witness to attend the Court. If he refuses
to obey the summons, he is thereby guilty OF a
contempt of the authority of the Court But as
the Court cannot exercise its jurisdiction with
out his attendance, another writ becomes neces-
sary; and the only writ agreeable to the prin-
cipies and usages Of law, in such case, is the
writ of attachment, founded upon the contempt
| of the authority Of the Court, and the power OF
the Court to fine and imprison for that contempt;
| for, in order to fine and imprison the party gull
| ty Of a contempt, he must be brought before the
Court; the Court, therefore, has power to issue
the writ of attachment; and 1t is the only writ
applicable to the case and agreeable to the prin-
ciplcs and usages of law. And it is the duty OF
the Court to issue it, whenever it is necessary TO
enable the Court to exercise its jurisdiction. 1t
is the right of the party, whether that party be
| the United States or an individual to have com
pulsory process for his witness. And so impor-
tant was that right deemed that an amendment
of the Constitution OF the United States was OBJ
tanned to secure it to the accused in criminal
| prosecutions And by the act of the 30th April,
| 1890, it is enacted that "every such person or
| % persons, accused or indicted OF the crimes
! Fl" aforesaid, shall be allowed and admitted in his
" said defence, to make any proof that he or
g. they can produce by lawful witness or witness
les, and shall have the like process OF The Court
"where he or they shall be tried, to compel his
" or their witnesses TO appear at his or their tr-
" AL as is usually granted to compel witnesses
/" to appear on the prosecution against them. y
Wherever the witness is in contempt for not
obeying the sabpGna, the writ of attachment
must reach him, or the express command OF the
Constitution will be nugatory. The words OF
the 9th amendment Of the Constitution, in rea-
ton to this subject, are "In all criminal prose-
"cutions the accused shall enjoy the right" "to
"have compulsoryprocess for obtaining witnesses
ntap e6