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

not be q mSmoef OF Tue legislative OTdDCI
of the government; it is also against tie
practice of Congress. who have hrretO-
lore acted upon a different principle, IL
the chatter switch have been granted to
the city OF Washington, Alexandra, and
Georgetown, 10 all the.e CHARTERS, tho
Mayor. who is the executive officer oil The
| CORPORATION, has been Withdrawn from the
| legislative branch oil which be was for
merly member.
This principle is most empbatically as.
serted 10 the bill of rights, aud 10 the con.
situations of The different states. 10 the
bill OF rights OF the state OF Massachusetts,,
it is very strongly asserted in the follow
ing words: 10 the government Of this
commonwealth. the legislative depart
ment shall never exercise the executive
and judicial powers, or either OF them
the executive shall never exercise the lie.
cislative and judicial powers, or either OF
them the judicial shall never exercise
The legislative and executive powers. or
either OF them-to thel end that il may
be government ofious, ard not OF men,"
The Sd article of tire constitution oil Vir-
giuia, declares, that " the legislative, ey-
ecutive, and judiciary departments, shalt
be sepsrHse and distinct; so that neither
exercise the powers properly belonging
10 the other: nor shall any person e1er.
else the powers of more shdn one Of them at
the same time, except that the Justices of
County Courts shall be eligible to either
House efAssembIy."
The President OF the Legislative Coun.
Gil, who is to discharge the duties OF The
Executive, may, by his own vote. 10 his
Legislative character, produce a tie upon
the passage OF law, the object Of which
may be to increase bis own power or e.
| molument as the Executive officer and
then, a. President of the Legislative Coun.
Gil, be may give the casting vote in favor
of ibe law. | have mentioned this, as one
among The many dangers to which this
provision OF The proposed government may
subject the. people Of the District.
The bill renders Ineligible to seat 10
the Legislative Council The Judges OF The
Circuit Court, anu the clerks and marshals
thereof, and all speIsons holding Offices
created by the Legislative Council. All o.
Their persons having the qualifications pre-
scribcd 10 the bill are eligible, consequsnt-
" Justices of the Peace may be mt mbers.
The principle upon which the Judge, and
other officers are excluded, is no doubt
correct ore: that they form part OF the
judiciary or other branches OF The govern"
ment, and are Offices Of profit. The ex-
clusion ough! to extend to justices Of The
peace they, according 10 the decision OF
the supreme court, form a part OF the ju'
dietary, and hold Offices Of profit. There
is a stronger reason for excluding justices
OF the peace, than Judges OF the circuit
court: The Judges are paid for their ser.
vices out OF The Treasury OF the United
| States: the justices receive their eompen'
satiou by lees Of Office, TO be paid by the
individual for whom the services are rem
dered; under the general power given to
the Legislative Council, il may regulate
. by law the fees OF tie justices OF the
peace the jus ices who may be members,
should, in their votes upon the subject OF
their own fees, be apt to be Influenced BY
what would be their Individual interest.
Besides, a justice Of In. peace may be Q"
lected president OF the council. IL this
would be the case, the same person would
| be at the same time exercising executive
legislative, and judicial powers and re-
ceiving pay in these three characters -
The number Of Justices Of the peace in
the District, exceeds twenty FIVE. the IT.
mited number OF which the Legislative
Council is to be composed. 1t is not a.
mong the improbabilities, that at least
majority OF the Legislative Council may
be also justices OF the peace for the Dls.
trict, they Not being less ambitious OF
prefemeHt than other people, and having,
from their judicial station, more influence.
By the bill, the Judges aud Registers Of
Orphans Court are eligible 10 seats in The
Legislative Council. These officers are
mere interested 10 the laws which the
Council may pass than the Judges Of The
Circui, Court: who are Judges oil the Unit
ed States, & whose compensation depends
entirely upon Congress, aud are, of course,
in this respect, independent OF the Local
Legislature. The Orphans Courts are 10.
cal courts, the compensation OF the Judges
and Registers Of which will depend upon
the discretion OF the Legislative Council;
and it Gsy 10 happen, that one Of them
may be President OF The Council; and it
may also happen that be may be Justice
Of the Peace, member OF the Legislative
Council, and President of it-and in all
these characters receive the compensation
attached to each Office, there being no pro>
vision OF the proposed law against such an
accumulation Of offices 10 The same person.
The grand prete1t Ter establishing Lo.
cal Legislature &Governm.n is. that twill
be giving the people the right Of sell gov.
erRment, and be saving the time OF Con-
gress. 1t will not have either effect. The
Local Government viii. be no more than q
grant from Congress. Not being guaran.
teed BY the CONSTITUTION. Congress may &.
bolish il whenever il chuses. The liberty
Of self government which this grant may
bestow, is more ideal than real. The
terms of the grant. reserves to Congress