Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-02-26

Il
ses whatsoever, over the District Of
Columbia, can transfer to any body of
men, under any name, or under any Ii
imitation, the power Of legislation, ex-
cept the regulation of police matters;
or can they legislate upon particular
subjects by deputies or power of attor-
ney; can the deputies of the people of
the United States, without an express
authority for that purpose, depute ano-
ther set of deputies to legislate for
them concerning the District of Co
lumbia.
If Congress, on any subject than
mere matters of police, can depute a
body of men to legislate for the people
of this district, why may they not le-
gislate in the same way for the whole
United States?
1t is clear to my mind, that upon all
subjects not Immediately relating to
the police of the district, Congress is
bound to legislate directly, and cannot
substitute Legislative Council to act
for them. The first clause Of the con-
stitution expressly declares, that "all
legislative powers herein granted, shall
be rested in Congress Of the United
States, which shall consist of a senate
and house of representatives" Among
the legislative powers given to this
Congress, is that of legislating for the
District of Columbia. Can this, or any
other Legislative power of Congress be
transferred to a sub-legislature ! 1t is
clear it cannot.
1t has been, and may be again con-
tended, that the power of exclusive le-
eislation, in all cases, over this District,
gives this right to Congress;-Con-
gress has power to legislate exclusive
" on the subjects of commerce, post
Offices and post roads; to regulate the
coin, and the proceedingsin the courts
of the United States-I ask, can Con-
gress, on these and other subjects, on
which they have power exclusively to
legislate, transfer to any other legisla-
i've body, even Of their own creation,
the power of legislating on these sub
iects, or any of them 1t will be an
swered they cannot. If the power of
legislating upon the subjects l have
mentioned, cannot be delegated, why
can the power of legislating over the
District of Columbia be delegated to
legislature created for that purpose by
Congress
The State Legislatures cannot dele
gate the power Of legislating upon any
subject which is not of a police charac-
ter, to sub-legislature: the powers of
Congress over this District are not
greater than the powers of the State
Governments are over the States
The same principles which forbid the
State Governments from transferring
the power of Legislation to other and
subordinate legislatures, equally for
bids Congress 10 transfer the power Of
legislation to sub-legislature.
According to the provisions of the
bill, as reported, the Legislative Coun-
Gil have the power to legislate upon all
such matters and things as may be ne
cessary and proper for the municipal
government of the District, not incon-
sistent with the Constitution of the Unit
ed States. 1t may, therefore, pass laws,
regulating the titles of property, the
course of descents, and the mode Of
making, executing, and proving wills
1t may declare the punishment for Of
fences, which do not come within the
power of regulating the police-lt
may affix the punishment of death to
offences, where the Constitution does
not prescribe different punishment
1t may create new courts, and regulate
all judicial proceedings-It will not
be bound by any previous act of Con-
gress-which laws may become bind
ing without the direct assent of Con-
gress, merely by Congress not taking
any notice of them, which may arise
from want of time or neglect. After
the present charters of the Banks, In
surance Companies, Bridges and Road
Companies, are expired, they may al
ter or amend them-as also those of
the towns.
The Legislative Council will have
the power to continue all or any of those
charters, upon such terms as it may
please.
All this is the exercise Of the highest
sovereign power. 1t is not the exercise
of a mere police authority, which may
be granted to Corporations. This is
power Congress cannot, under the let
ter, or according to the spirit, of the
constitution, transfer to any body of
men to exercise for them, but are bound
to perform the duties therein prescrib-
ed, Themselves.
tbs attempted to get over this diff
Guilty by providing in the 9Th section
of the bill, that the laws shall be sub
mitted to Congress for their eramina-
tion and consideration.
If the bill had declared the laws