Posted by Paul Andrew Mitchell, B.A., M.S. on April 12, 1998 at 23:47:18:
In Reply to: Does 28 U.S.C. 451 destroy "Karma"? Answer: NO! posted by Paul Andrew Mitchell, B.A., M.S. on April 09, 1998 at 22:40:31:
[snip]
: Most notably, the Advisory Committee
: Notes for 1972 Proposed Rules, immediately
: following Rule 1101 in the Federal Rules of
: Evidence, contain the following amazing
: paragraph, to wit:
: These various provisions do not in terms
: describe the same courts. In congressional
: usage the phrase "district courts of the
: United States", without further qualification,
: traditionally has included the district courts
: established by Congress in the states under
: Article III of the Constitution, which are
: "constitutional" courts, and has not included
: the territorial courts created under Article IV,
: Section 3, Clause 2, which are "legislative"
: courts. Hornbuckle v. Toombs, 85 U.S. 648,
: 21 L.Ed. 966 (1873) [sic]. [snip]
Here is the pertinent paragraph from Hornbuckle
v. Toombs supra, to wit:
"The acts of Congress respecting proceedings
in the United States courts [read "DCUS"],
are concerned with, and confined to, those
courts, considered as parts of the Federal
system, and as invested with the judicial power
of the United States expressly conferred by the
Constitution, and to be exercised in correlation
with the presence and jurisdiction of the
several state courts and governments.
"They were not intended as exertions of that
plenary municipal authority which Congress has
over the district of Columbia and the territories
of the United States. They do not contain a word
to indicate any such intent. The fact that they
require the circuit and district courts to follow
the practice of the respective state courts in
cases at law, and that they supply no other rule
in such cases, shows that they cannot apply to
the territorial courts. As before said, these
acts have separate application to the courts
of the United States [read "DCUS"], which are
courts of a peculiar character and jurisdiction."
Hornbuckle v. Toombs, 85 U.S. (18 Wall.) 648,
21 L.Ed. 966, 967 (1874)
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Counselor at Law, Federal Witness
and Private Attorney General