Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1824-03-09
LOCAL LEGISLATURE.

LOCAL LEGlSLAlUh
Mr.. SNowpEN-ln my former eommuni.
cation. | stated I would examine The prin-
cipal features, and some OF the details, OF
the bill providing for the government Of
the District Of Columbis.
There are, in my opinion, some insu.
perable objections to it, in its present
form. The two first sections of the bill
are hostile to a principle, consecrated by
the United voice and practice OF the eiti-
zens OF this country. The people, ~ the
formation OF the Constitution of The United
States, and OF the Constitutions OF the dill.
ferent States, in every Instance have es-
tablished two legislative branches, so that
the one may be check upon the precipi.
fancy ana passion of the other. Congress
have manifested their veneratioA tor this
great principle by the charters which they
have granted TO the Corporations OF Alex.
andria. Washington, and Georgetown.-
By the charter OF Alexandra, the laws Of
the Corporation are not binding until ap.
proved by the Mayor, who has a qualified
veto on them. The effect is, to produce
more reflection and examination before the
laws become binding.
By the charters OF the other two towns,
the laws must be passed by tuo branches
of the corporate body, and also receive
the sanction OF the Mayor, before they are
binding.
When Congress has thus guarded the
regulations OF the police of town, by
these different checks on the hurry and ex.
c,tement of The moment of those who are
10 regulate mere matters OF police, why
has this principle OF checks been departed
from by The Committee OF lbe District IN
preparing the law Tor the government Of
The District? The subjects on which this
Legislative CouHcil may act, are OF much
more importance than those which 0fcina,
rily belong to corporate towns.
1t is a most serious objection to the bill,
that it establishes but one legislative
branch, giving no executive veto upon the
laws it n, ay pass. Besides being opposed
to the general sense and practice Of the
people OF the United States-having but
one legislative branch may, in practice, be
productive Of great mischief TO the public,
BY that haste and excitement in which
laws are too often passed.
The mex, objection TO the bill is, that
the power given to tie Legislative Coun.
Gil is too general-lt is to extend to all
such matters and things as may be proper
and necessary for the municipal govern
ment of the District, not inconsistent
with the Constitution OF the United
States By this provision, the Lesisla-
tive Council may pass law inconsistent
with the general laws Of Congress:-For
instance, il may prescribe different mode
OF taking testimony 10 be used in the
Courts OF the District, which will be bind.
ing, unless it be rejected by Congress,
which they may neglect to examine and
consider, and send back to tbeiCOuncil.-
The powers OF the Legislative Council
ought to be more specially defined than 10
done in the bill. Ii the people Of the Uni
ted States have deemed il wise, ~ define
specially the powers of the General and
State Governments, why should not the
powers of the Legislative Council be spe-
cially limited and defined?
The power over the militia OF the Dis
trict, is enormous and dangerous. The mi.
lila are to remain under the exclusive con.
trout OF the government OF the United
States, except SO Ear as their aid may be
necessary to assist the officers charged in
the execution OF the laws OF the said Dis.
trict in the performance OF their duty
which aid shall be promptly afforded, when
duly demanded according 10 the rules and
limitations, and under such penalties as
may be established by the Legislative
Council Of the D,stric.
The Legislative Council are, by rules
and limitations, to define tn yhal cases,
and under sphol circumstances. the militia
shall be called forth, and compelled 10
aid in the execution OF their laws.
The constitution gives Congress the
power to call forth The militia to execute
the laws Of the Union, TO suppress insur-
rections, and repel invasions.
II the object, in giving this power to
the Legislative Council, is 10 use the mi.
litia for other purposes lhan The three a.
Dove mentioned, Congress cannot do it.
Ii cannot give il to enable The Legislative
Council 10 have their own laws execut.
sd--Congress have the power to call
forth the militia 10 execute the laws Of
the Union. The laws which the local
legislature pass, will not be the laws Of
the Unlon, any more than the laws oil any
oil the corporations Of the District ere the
laws of The Union. The power which is
given by this bill, will aulhorise the Lee
gislative CcuRcil to call forth the militia
Tor other objects than TO execute the laws
Of the Union suppress instructions. and
repeI inDasions. 1t cannot be pretended,
that Congress can give 10 local legisla-
ture, or 10 corporate body, power 10
call the militia out, 10 execute in The Dis.
lrict the laws Of The Union, or exercise
the power which is already Vesled by law
in the President Of the United States, Of
calling forth the militia to suppress ,nsur.
reet,ons, and repeL rnuasioMs, within or
out Of the District Of Columbia.
Another objection TO the principle OF
the bill, is, that the executive authority