Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1822-01-30
THE GAZETTE.
WEDNESDAY, JAN. so, 1929.
REM A2KS

ertsnd the jurisdiction Of justices Of the
peace, IN the recovery Of debts IN The
District of Columbia; 1chtch are respect-
faEly submitted TO the confederation efthe
Citizens Of the District.
The bill which has been introduced into
Congress by some of the justices OF the
peace of this District to extend their Ju
risdiction to debts not exceeding fifty dol
lars has exciteda considerable degree OF al
tention. How far the intere,t OF those who
originated the law, may have entered into
their motives for proposing it, will not
stop to enquire, but shall proceed TO shew
that the principle of the bill is both incoa-
sistent snd inerpedlent
Il will be admitted, presume, that the
judicial power in the District OF Column
bia, is a part of the Judicial power OF the
United States.
By the first section of the third article
of the constitution OF the United states, II
is declared, that ''tbe Judicial power OF
the United States, shall be vested IN one
supreme court, and in such interior courts
az Congress may, from time to time, Or
dain and establish The Judges, both OF
the supreme and inferior courts, shall hold
their Offices during good behavior, and
shall AT stated times, receive for their ser
vices. a compensation, which shall not be
diminished, during their continuance In
Office"
If Congress can give judicial jurisdic-
ton, TO the extent of 30 dollars, TO Judges
not holding their Office during good beha'
yior. and not receiving, al stated times,
for their services, compensation not TO
be diminished, during their continuance
in office, there is nothing to prevent Con-
gress giving like jurisdiction to the extent
of $4,000 dollars, to similar Judges: II
the latter case would be violation OF the
constitution, so would the former.
Congress possesses no Judicial power,
and therefore, cannot delegate it. 1t can
only designate, or organize the courts,
which shall exercise that power. And Ia
such a designation or organization, II can
only erect courts, whose judges shall be as
independent as those described in the
constitution.
The independence of the judges is
principle which liberty holds most dear.
1t is Der shield against the "ctUiunn ardor,
prapa iubentiuns'' and the "uultus tnstdn-
tis tvraani," and he who would wrest 1t
from her deserves not well OF his country.
Should 1t be suggested, as IT has been by
some, that Congress in leglSlating tor the
District of Columbia, is not bound by the
constitution of the United States--l deny
the proposition
The authority given to Congress, by the
constitution, to egislate for the District IS
in these words:
"Eo exercise exclusive legislation in
all cases whatsoever, over such District,
(uot exceeding ten miles squarel as may
by cession of particular states, aud the
acceptance Of Congress, become the seat
Of the government of the United States;
apd ts exercise like authority, over all
places, purchased by the consent Of the
legislature of the state in which the same
shall be, for the erection OF forts, maya
zines, arsensls, dock yards, and other
Deedful buildings
The meaning Of this clause, understand
TO be that Congress may exercise, the same
LEGISLATION over thi. district, which state
could exercise over its territory, with the
addition, OF such legislation, as Congress
could exercise over state; or IN other
words, that IN Congress should be united.
The rights of legislation belonging TO The
States and those belonging 10 the Onated
Sfctes; which would OF course embrace
all cases of legislation, to which the peo-
ole of the United States could then be
subject. II was not intended to give con
g,ess a right OF legislation, which could
neither be exercised by a state, nor con-
gTess elsewhere.
The legislation is ais; to be erclusave,
that is, exclusive of the States; by which
the District should be coded. The words
of this clause DO not purport TO let con
gress loose from the bonds, by which il is
bound by the constitution. The general
legislative jurisdiction of congress. is, by
the constitution, confined to cases OF ge-
neral nature, particularly enumerated
| therein It was perceived by the con-
yention which framed the constitution that
the general and ordinary power Of legis,
| latloD being confined to national objects,
would not be adequate 10 the legislation
over a diatrlct in which It's legislation was
10 be exclusive; and that it would be ne
cessary to superadd, and supply the state
rights of legislation; otherwise all those
cases in which the states have exclusive
legislative jurisdiction, would be unproyi-
dea lor--for this purpose alone, as | ap-
pfebend, the convention introduced the
words lin all cases whatsoever. Let US
see what consequences will follow the
contrary construction II congress in le-
gislating for the District OF Columbia, is
not bound by The constitution. The pri-
viledge of the writ of habeas corpus may
be suspended in the District, when no re.
bellion or invasion exists.
A citizen of Louisiana OF Maine, of Vir
gina or Maryland, coming into the Dis