Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-03-15

wise men oil thai tline 10 ""' 'NN ~
considered the danger OF adding 10 al MS ueh
cate machinery Of Governments "i'n'h oos
sromen, a sor, or local general central gov
eminent, involving in itself many VI "e s
of a vastly extended republic, at least so lar as
..,a,a - ,ba various habits and views OF It's
legislators. ,,c
Another anomalous feature in this local Gov
eminent renders il still more surprising tnat
,hould have been estabIished-a Government
,Dithout representation from the People govsrnsa,
What led 10 the inde pendence OF the o1i'ea
States, bu, resistance 10 this principle! ana ye''
how could i, so sosn have been adopted oy ,he
very fathers of the Revolution? Nothing out
the greatest fears Of insecurity 10 congress anu
nuSlic officers, could have led 10 this unlortu
nate result. But we must take things as we
find hem: this local Government is upon our
hands, and your committee will proceed 10 con
slider what has been done in relation 10 H. ana
what further ought to be done.
On the 9th February, 1901, Congress pass
ed the ac, entitled Ar act concerning 'he
District Of Columbia )" the first section OF
which, declares, That the laws OF the o'a'e
of Virginia, as they now exist, shall De ana con
| ,inue in force in that part OF the Dtsiiict OIL
Columbia which was coded by the said Stare
to the United States, and by them acceped LOT
the permanent Seat of Government and that
the laws OF the Stare Of Maryland, as they
now exist, shall be and continue IN iorce IN tha'
par, of me said District which was coded by
that State 10 the United tales, and by them
| accepted, as aforesaid
The second section forms the Virginia side
of the District into the county OF Alexandria;
and the Maryland side, including the ciiles oil
Georgetown and Washington, INTO The county
Of Washington, and places The Po'omacE river
in he jurisdiction Of both those boun'ies. ne
third section institutes court OF three Judges
and declares ''ihat The said court * the Judges
thereof, shall have all The powers by law vested
in The Circuit Courts and the Judges OF me
Circuit Courts of the United States The fourth
section appointed four terms for each county IN
year; but, afterwards, rhey were reduced 10
two terms The fifth section is as tollows:-
That said court shall have cognizAnce OF all
crimes and offences committed within said
District, and of all cases, in law and equi'!,
between parties, both or either Of which shall
be residents, or be found within said District:
and, also, Of all ac,ions suits OF civil nature,
at common law or in equity, in which The Y
States shall! BE plaintiffs or compliments; and
of all seizures on land or water, and all penal"
ties and forfeilures made, arising, or accoring,
| under The laws of the United STATES"
The act also provides for the appointment
| of Clerk, Marshal, aud Dis'rict Attorney,
and for appeals to the Supreme Court The
lIih section authorizes the appointment Of as
many Justices of the peace, Tor five years, by
the President, (by and with The advice and
consent of the Sena,e) as he may think expe-
dieni; and they invested with the same
powers as individual magistrates, as they
have right to exercise in the respective coun-
ties under the respective laws Of Maryland and
Virginia; ard shall have cognizance of person.
al demands 10 the value of twenty dollars,
which, bya subsequent act. was Increased 10
fifty dollars and ury trial allowed in all cases
above the former sum. The 10Th section in.
slilutes an Orphans Court, and provides for
appeals the1efrom 10 the Circuit Court.
BY his act, Congress assumed the govern
men of this territory; forever exlnguish-
ed all legislative jurisdiction of the States
10 which it had belonged and so executed
that power Of exclusive legislation vested in
Congress by the Constitution, as, in the opin-
ion of many, to have placed it beyond the reach
of Congress TO recall. Your Committee can
not forbear to express the opinion, that this
was one Of the most unfortunate acts which
ever was, or can be, passed by Congress, with>
in the pale Of the Constitution.
They believe ii would have been much wiser
and safer, if Congress had never exercised that
power, but left it 10 the respective States, at all
events, ill a necessity for the assumption
of its exercise had occurred, which, il is beiev-
ed, would never have happened
Since that period, numerous laws have been
passed by Congress, relating 10 city charters,
public buildings, bank and bridge companies,
10 the militia, to the incorpoI alton of various
societies and institutions, and TO other local
matters; but there have not been many essen,
tial changes in the general laws Of the District,
nor in their administration. 1t appears that
one part of this District is governed by the
laws Of Virginia, and the other by those of
Maryland, as they existed nearly thirty years
ago-laws, too, which had been acumulating
for generations, many Of whose sanctions are
only suited to the barbarous ages,k which have
long since been wisely abrogared by the res
pec,iye States, but are still in force in This Dis
trict.
This will, in some measure, be illustrated
by the following abstract of The criminal stat
utes Of Maryland, now in force here: