Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-11-17

town readers an opportunity OF examining '"e
subioined memorial to Congress, adopted by
a late vote of our Common Council The
changes il asks are extensive, and require ma
ture reflection; and it is Of the first impor-
lance. that reflection should be bestowed up.
on them before the interference Of Congress
renders the wishes Of the people of no avail
The course adopted by the Council on this
occasion is the only correct one, and we hope
never again to see it departed from. The
people have right to know what change the
laws are about to undergo; to oppose in time
such measures as they think will operate
against their interest, and to propose others
that in theiropinion may have salutary effect.
Had the Levy Court been less secret in their
| movements, We should not now have been
disgraced by the most unjust end balbarous
law that ever was imposed upon patient
community; nor should we be placed IN the
| ridiculous attitude, that we shall be compel
led to assume, in prayingCongress to strip tins
ANONYMOUS body of the power OF intiicting
injuries upon people, that have borne with
despotism until they can bear no longer.
On the substance of the Memorial we offer
! no remark, save that We believe il had its orr
gin in am honest zeal to better our condition
We have heard enough, however, to satisfy
us that contrariety of opinion exists on the
subject; and should public discussion be
deemed necessary, we freely tender our CO.
lumns to all temperate and intellie ent argu.
| ments.
To the Honorable Senate and House Of Repre-
sentatires IF the United States, in Congress
assembled,
Your Memorialists the Common Council OF
Alexandria. respectfully represent, That the
experience of twenty years has now fully G.
WINGED that the mowers vested in your memo
rialists by an aot of Congress, passed on the
25th day of February, 1904, are entirely insult
ficient to enable them to effect the objects
contemplated BY that act.
That BY the llth section of the SAID law 4
lien for the payment OF taxes and assessments
was intended TO be given to your memorialis's
on real property within the said town; but,
that, in attempting to enforce that lien it has
been iudicially and finally determined, that a
sale Of such property, even to person hay
ing full notice OF lis existence, defeats the
claim of your memorialists under the provl-
sions contained in the SAID act.
That BY the act OF Congress before mention
al lIctc authorised
work houses and houses Of correction, and to
pass all laws which may be requisite for the
preservation oftheir morals, and regulation Of
the police of the town: but the powers to
make laws must remain inert and ineffective it
unaccompanied by the power to enforce obr-
dence by the addition Of adequate sanctions.
Yet with the most ample powers to pass laws
on the subjects before mentioned, the Council
BY its Charters limited in the means OF entorc-
ing them to the imposition of reasonable Pc
naltes and forfeitures to be levied on the
goods and chattles of the offender" 1t has
power to erect and repair houses ofcorrection,
but it has no power by.anv law of its own, to
direct the commitment of those whose con-
duct requires such punishment.
Your memorialists beg leave further to re-
present, that although they are authorised to
pass laws for the regulation Of the police, and
the preservation of the morals of the town,
the power of licensing ordinaries and houses
of public entertainment is vested in the Cir
cult Court Your memorasts are deeply sem
sible ofthe influence of houses this descrip-
ton on the public oals, and are satisfied tina.
the most efectual means ofcausing them to be
conducted, can only be exercised BY
those who have the power to grant licenses
to the deserving, and to revoke them when a
bused. And it must be obvious to all, that
the description of persons for whose restraint
such laws are intended, the imposition OF fine
and forfeiture can have no terrors.
Your memorialists further beg leave to re-
present that on recent and minute eXamina-
ton of their power, doubts have arisen US to
their authority to levy and assess taxes for the
support of the poor Of the town, and to direct
the disposal of them: they have heretofore
acted on this subject under the idea that those
powers were held by them, under the sta
tutes Of Virginia, adopted by Congress as the
law ofthe county of Alexandria; but on pc
;usal of those statutes appears that the pow
ers to make provision for the poor to be exer-
corporations are vested IN the courts
OF Hastings; court WHICH h1S Ss"oeu :" 49,
in Alexandria, since the passing OF the act OF
Congress assuming jurisdiction over the Dis
tr;ct of Columbia. Serious doubts have also
arisen as to the power Of your memorallsts to
appoint inspectors OF 4 variety OF articles OF
dom site manufacture and produce brought to
their town for sale, and 10 regulate by law
their mode of inspection.
The power of appointing inspectors OF
number of enumerated articles of the above
description, were by the statutes OF Virginia
in some instances vested in the Courts of llus-
tings of the different corporations, IN others
in the county courts. Your memorialists, m
der the influence of a misapprehension, SINH
lar to that which existed in relation to the laws
for the maintenance and support of the poor.
have in many instances exercised the power OF
appointment formerly vested in the Hastings
Court of Alexandria, having the powers exer
cised by the former county courts, in relation
to Others, to be exercised by the Circuit Court
Of the District Of Columbia, As is now provided
by the act supplementary to the act concern
ing the District of Columbia.
Your memorialists are of opinion, that the
welfare of this town would be greatly promo
ted by uniting in the Common Council all the
mower which ought to be delegated over