Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-01-05
CcoMMUNiCATEh
/" a Citizen of .alermdria"-No. II

s.itutiou which gives them power 10 exercise er-
cl,e,re leg,siaion, in all cases whatsoever, over
the District Of Columbia. can transfer to any bo-
dy Of men, under any name, or any limitation
the power of leglslating. except upon police mat
tiers; or can they legislate upon particular sub
jects by deputies or power Of attorney Can the
deputies Of the people of the United States, with
out an express authority for that purpose, depws
another set of deputies to legisate for them con-
cernins the District of Columbia.
. II Congress, on any subject than mere matter
of police. can depute body of men to lesisate
for the people of tins District. why may they not
legislate in the same way for the whole United
S,atess
1t is clear to my nind, that, upon all subjects
not Immediately relating to the police OF the Dis
trict, Congress is bound to legslate directly, and
cannot substitute a legislative council to act
for them. The first clause of the Constitu
ton expressly de-, ares, that ''al Legislative pow
ers herein granted shall be rested in Congress
of the United States, which shall consist OF
Senate and House of Representatives" Among
tine legislative powers gwen to this Congress, Is
that of hgisLtirag for the District of Columbia.
Can this or any other legislative power OF Con-
eress be transferred to a sub-legisature? 1t is
clear Il cannut.
1t has been, and may be again, contended, that
TIC power Of exclusive legislation. in all cases,
over this District. gives this right to Congress- -
Congress has power TO iegslate e,rc!usicefy on
the subjects of commerce, post-oflices, and post
.rosds: tn regulate the enin-a'-i ''>s~
in -..-..s II the United States: ask, can
Congress, on these and other subjects OF like
nature, and on which they have the power excu-
sively to lesisae. transfer to any other leglsla-
tive body. even of their own creation, the pow er
over these subjects, or any Of them? It will be
answered. they cannot II the power of legis-
lating upon the subjects have mentio"ed cannot
be delegated. how can the power ot leSisiating
over the District Of Columbia be delegated to
legislature created for that power by Congress.
The State Legislatures cannot delegate the
power Of legi.Istlug. upon any subject which is
not Of po!ice character, to sub Legislatures:
the powers of Congress over this istrct are
not greater than those of the State Governments
over the States. The same principles, therefore,
which forbid the State governments transferring
the power of legislation to other and subordinate
legislatures, equally forbid Congress to transfer
the power Of legislation to sub-lesisature.
There is a substantial distinction between the
power OF legislation and the power of regulating
the police of community. In support Of this
opinion. reference may be made to the debates
in the Virginia Convention on the Constitution,
from D. SOC to Sll. In the debate on the provi-
sinn of the constitution gsing power of exclus-
i've legislation to Congress over the ten miles
square, Mr.. Geo. Mason. Mr. GraysOn and Mr..
Henry were tor giving Congress the power to
regulate the police OF the District, but not the
pawer of iegisiaiing in all cases for it. Mr.. Ma
olson admitted this distino ton. and contended
for the power of legislatrng IN all cases. These
fathers Of the constitution, In their discussions
on this subject. never once limited at sub-legis-
Eature for the District. under any limitations.
ID Congress can grant to the District a local
legislature under the authority of that clause of
the Constitution which authorizes Congress to
exercise exclusive Legislation over the District,
then it may give the local legislature power to
pass all laws which Congress may now pass for
the District This body may lesislate upon all
subjects. 1t may regulate the courts, create new
ones, and declare the tenure of Office Of the Juds
es. and for what misconduct they may be remov-
ed from Office: it may prescribe the punishment
Of murder: an short. If the power exists in Con-
gress to create local government for the District
by means Of legislature and governor. then it
is giving TO the local government the right to ex-
ercise all the sovereign po,cers which the State
governments possess over their respective States.
This was not in the intention of the trainers of
the Constitution. Their object was to rest in
Congress the same po,csr Of legislation over the