Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-03-01

the United otattS, cACcpt 81 iai 40 'i
aid NAV be necessary to assist the OH
GERS charged in the execution OF the
laws of the said District in the pertor-
nance of their duty-which aid shaA
be promptly afforded, when duly de-
manded according to the rules and IL
mutations, and under such penalties as
may be established by the Legislative
Council of the District.
TheLegislative Council are, by rules
| and limitations, to define an 'chat cases,
| and under ,chat circumstances, the NIL
litia shall be called forth, and compell-
ed to aid in the execution of their laws.
The constitution gives Congress the
power to call forth the militia to exc
cute the laws of the Union, to suppress
instructions, and repel invasions.
If the object, in giving this power to
the Legislative Council, is to use the
militia for other purposes than the three
above mentioned, Congress cannot do
it. 1t cannot give il to enable the Le-
gislative Council to have their own laws
acknowledgements have the power to
call forth the militia to execute the
laws of the Union. The laws which
the local Legislature pass, will not be
the laws of the Union, any more than
the laws of any of the corporations OF
the District are the laws of the Union.
The power which is given by this bill,
will authorize the Legislative Council
to call forth the militia for other OBJ
iects than to execute the laws OF the
Union, suppress instructions, and repel
inrasions. 1t cannot be pretended, that
Congress can give to local legislature,
or to corporate body, power to call
the militia out, to execute in the Dis
trict the laws Of the Union, or exercise
the power which is already vested by
law in the President of the United
States, of calling forth the militia to
suppress instructions, and repel invasions,
within or out of the District Of Co
lumbia.
Another objection to the principle of
the bill, is, that the executive authority
of the District, will be vested in the
President of the Legislative Council,
who will be member Of that body:
thus, the same individual acts in the
character of legislator and executive
officer: this provision of the bill is not
only violation of a sacred maxim OF
free government, but is against the
great principle on which the Constitu-
ton of the United States is actually
formed, that the erecutiue officer should
not be member of the legislative branch
of the government; it is also against
the practice of Congress, who have
heretofore acted upon different prin-
ciple, in the charters which have been
granted to the city of Washington,
Alexandria, and Georgetown. In all
these charters, the Mayor, who is the
executive officer of the corporation,
has been withdrawn from the legisla-
tive branch of which he was formerly
a member.
This principle is emphatically
asserted in the bill of rights, ami in
the constitutions Of the different states.
In the bill Of rights Of the state of Ma
sachusetts, it is very strongly asserted
in the following words: "In the 60
vernment Of this commonwealth, the
Legislative department shall never ex-
ercise the executive and judicial pow
ers, or either of them; the erecutiUe
shall never exercise the Legislative and
judicial powers, or either of them the
judicial shall never exercise the legis-
lative and executive powers, or either
of them-to the end that it may be a
government of laus, and not of men,"
The Sd article of the constitution of
Virginia declares, that the legislative,
executive, and Judiciary departments,
shall be separGie and distinct; so that
neither exercise the powers properly
belonging to the other: nor shall any
person exercise the po,cers Of more than
one of them at the same time, except
that the Justices of county Courts shall
be eligible to either House of Assem-
Il
bly,"
The President Of the Legislative
Council, who is to discharge the duties
of the Executive, may, by his own
vote, in his Legislative character, pro-
duoe tie upon the passage of law
the object Of which may be to increase
his own power or emolument as the
Executive officer; and then, as Presi'
dent of the Legislative Council, he may
give the, casting vote in favor OF the
law. have mentioned this, as one a
mong the many dangers to which TIL:
provision of the proposed government
may subject the people of the District
The bill renders Ineligible to sea
in the Legislative Council the Judges
of the Circuit Court, and the clerks
and marshals thereof, and all persons
holding offices created by the Legisla
tive Council. All other persons hav
ing the qualifications prescribed in thu
bill are eligible, consequently justices
of the Peace may be members. The