Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1824-03-06

regulate The coin, and the proceedings in
tue courts Of the United Statt.-rask
can Congress, on these and other subject.
on which they have power exclusn ely, 10
iegislate. transfer to any other Legislative
body, even Of their own creation, the pow.
er OF legislating on these subjects, or any
Of them? II will be answered they can.
not Ii the power Of legisla;ing upon tn.
subjects | have mentioned, Cannot be
delegated, why can the power Of legis.
Iating over the District Of Columbia be de.
legated to a legislature crealed for tba,
purpose by Congress?
The State Legislatures cannot delegate
the power OF leg'slating upon any subject
which is NOT oil police character, to a
sub-legislsture: the powers Of Congress
| over this Distrlct are not greater thai, The
powers OF the State Governments ars over
the Siates.--The same principles which
forbid the State Governments from trans.
ierriRg the power Of Legislation to other
and subordinate legislatures, equally for.
bid, Congress to transfer the power of le.
gisIation 10 sub.IegisIsture.
According TO the provisions Of the bill,
IS reported. the Legislative Council have
The power to lsgislate upon all such mat.
tiers end things as may be necessary and
proper tor the municipal government, of
the District, not inconsistent with the Con.
stitution Of he United Ssatss. Il may
therefore, pass laws, regulating the titles
OF property, The course Of descents, and
the mode Of making. executing. and prov.
Ing wilIs-lt may declare the punishment,
tor offences. which DO not come within
the power OF regulating the police-It may
afhx the punishment OF death to offences.
where The Constitution does not prescribe
a different punishment--lt may create new
courts, and regulate all judicial proceed.
ings-It will not be bosnd BY any pre-.
vious act Of Congress--which law. may
become binding without the direct assent
Of Congress, merely by Congress not tax.
ing any notice Of them, which may arise
from want Of time or neglect. After the
present charters Of The Backs, Insurance
Companies, Bridges and Road Companies,
are expired, they may alter or amend
them-as also those of ihe towns.
The Legislative Council will have tue
power to continue all or any Of these char,
ters, upon such terms as it may please.
All this is the exercise Of The highest 20.
vereign power. Il is not The exercise Of a
mere police authority, which may be grant.
ed 10 Corporations. This is a power Con-
gress cannot under the letter, or accord.
ing to the spirit, OF the constitution, trans.
fer 10 any body Of men 10 exercise ior
them, but are bound TO perform the dutiss
therein prescribed lhsmselpss.
II is attempted to get over this difficulty
by providing 10 the 9Th section of the bill,
that the laws shall be submitted to Con.
gress for their examination and ooss,deya.
lion.
If the bill had declared the laws should
not have effect until expressly approved of
and passed by Congress and the President
OF the United States, the constitutional
difficulty would, perhaps, be less than it
is. But it provides that all laws which
shall not be abrogated or referred back to
the Legislative Council, by joint resolu-
ton Of the two Houses during such session
shall, from and after the end OF the session
Of Congress, be binding Oh the District.
By this provision, Coogress will not on.
ly Legislate tor the District by deputies.
but BY implication: that is, the consent of
Congress TO the laws OF The Legislative
Council is to be pres umed from their 81.
lence-laws which, from want Of time, OF
from less excusable causes, Congress may
not examine or consider-are after the
session OF Congress 10 become binding
This will be course OF legislation not 10.
lerated BY the plain wolds and just mean
ing Of the constitution, sod not consistent
with that care Congress is bound to be-
stow on the affairs Of the District
There is a substantial distinction be-
tween the power Of legislation and the
power Of regulating The police of com.
munity' 10 support Of this opinion, re.
ference may be made to the debates in The
Virginia Convention ca the constitution,