Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-01-05

STATE governments Sesta'u'0 Wv NV t
mower to create sub-legislative body within
their respective States, with power to legIslate
on all matters, subject to approval or rejection
by the mother legislature. If the State leg'sa'
lures cannot make such transfer, it is clear
Congress cannot But the expressions in the
clause which grants to Congress power over this
District, are too precise and striking to give the
mower claimed. The words of the Constitution
are, - the Congress shall have power to eAer-
else exclusive legisIat,on," not exclusive Jmas-
diction, which term is more extensive than that
used in the Constitution. Congress may by The
local legislature continue to exercise excuslveJu-
risdicfion; but the term legislation IS confined
to the enacting of laws for the government OF
those over whom the laws are to operate.
In the second paragraph OF the third section OF
the fourth article of the Constitution, it is de-
clared that '.Cougress shall have power to dis
pose Of and make all nsedful rules respecting,
the territory or other property belonging to the
United States" There is clear distinction
between this clause and that which gives the
power Of exclusive legislation over the seat OF the
General Government. In the case Of the terri
torn or other property which belongs to the Unit.
ed States as proprietors of the soil, Congress IS
left to exercise their power over it in such way as
shall, in their discretion, be best; Congress is to
:. make all needfm rules respecting it. The
territories were the property OF the United States;
Congress had the power to sell the soil. In the
two cases the expressions Of the Constitution are
different: in the one ase,-that OF this District,
which is not the property of the United states.-
all Congress can do is to exercise erctusipe sSts-
lation; Congress cannot sell or dispose OF any OF
the soil of the District, except in cases where,
like an individual, the United States have become.
by either donation or purchase, the owners OF the
ground but the territories, such as Florida, be-
LONG to the United States, and, as the property
of the United States, Congress may sell the sou
to individuals. and may, so long as they remain
the territory or property of the United States.
make all needfM rules respecting the same Con-
gress may consider it needful and proper to esta'
blish. as has been DONE local government in the
territories. The difference in the mode of gov
erning this District and the territories is evidence
that, in the one case, Congress must legislate d.
rectiy. aud, in the other. that it may create 10
cal government, and govern by it.
1t may be asked, IF Congress have not t'li:
power, what is to be dones Are the people O
this District not to have their legislative wants
4 ..,;o1s I'll. fs-i--
J first place, Congress is ready and willing TO pass
any law not forbidden by sound policy or the
! Constitution, aud on which we, the people OF the
District. are agreed. Their let us agree among
ourselves. and we will find no delay on the par
of Congress. judiciary law has been passed
and an insolvent law; criminal system has beer
adopted; general law. amending the laws Of
! the District, has been passed. and one to extent
the jurisdiction Of justices of the peace. All these
are general laws; and there are many others,
which apply to the towns only,-such as the law:
amending their charters, and incorporating banks
and insurance companies: all which, without
much delay or difficulty, passed. because the
people agreed among themselves. Congress re
fuses US nothing that is reasonable, where we are
united.
Congress should decide to give us a local legis-
lature. it is hoped that the people of Alexandria
County will unite, and insist that its sessions
shall be held in Alexandra, and that public build
ings for its use be built there by the United
States. This is both reasonable and Just: Wash
ington has had, and will continue to have. the be
nefit of the General Government transacting al
the executive, Judicial. and legislative business
in that place; the consequence of which has been
that millions Of dollars have been expended there
whereas Alexandra has not derived any benefit
from this expenditure. As. therefore, the puaHc
interest will not require that local government
should transact its business in Washington coun-
ty tits but fair that it be located in Alexandria.
Again: If we must have local legislature, l trus,
that Congress will see the justice Of so arranging
the Representations as to give TO each county an
equal number Of delegates in the Legislative
Council. Without such an arrangement, abso-