Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-09-25
CORPORATION AFFAIRS.
TO the Editor of the .alerandria Gazette.

duaIs.s huldins as trustees lot OF ground within
the limits of the Corporation. are about to erect
on IL a house, to be called meeting house - for
the use of the eoIored members Of the Methodist
Episcopal Church in the United States OF Anne
RIGA, according to the discipline and rules which
may from time to time be adopted by the minis
tiers and preachers Of the said church IN the
United States, at their General Conference"
The Trustees, by the provisions OF the deed
from which they derive that character, are bound
70 allow any minister or preacher 10 oticsa'e M
this house .0ho shall be duly authorized TO preach
or erhort BY the General Conference OF the Mi
nis,ers and preachers OF the Methodist Eplsco.
pal Church, or by the Annual Conference.
Thus, if the General or,Annual Conference au.
thorizes cotored man to preach or eXhort, the
Trustees are bound to allow him, according to
the terms of the deed, to preach or exhort In this
house. If they refuse, they will be guilty OF a
breach Of the trust reposed in them by the deed,
for which they may be made responsible in
court of justice.
By the provisions of the deed, no ,chte mem
Der of the Methodist Church can claim right to
use the house-because It is to be for the use Of
the colored members Of. that denominafion 1t
this be the true legal construction. OF it, how
does it agree with the meaning that Is given BY
some to the law Of the Corporation passed on the
2lst Of February, 1855, to amend the act con:
corning slaves. free negroes, and mulatt0es, pass
ed OH the 18th of October, 1881. 1t is said that
the building Of the house is permitted by the act
Of Feb 1855, although the act of October 1851.
in express terms, declares that "no separate
place of worship shall be permitted tor slaves.
free negroes, aud mulattoes. fhe act OF Fee
bruary 1855 amends the act OF October 1851 in
two particulars only-one amendment authorlz
ing class. meetings, Of the colored people, the
other permitting .'any slave, free negro, or mu.
latto, to attend at any place OF public worship
when and where a tchiie member OF the said So
ciety, duy authorised By the resident minister o.
the said religious society to ohciate at such meet
ing, shall attend and conduct the services OF the
said meetins:" but it does not repeal the express
prohibition before stated, But if il does. then
the corporation law allows Uhite member to
preach and exhort at such meetings. instead Of
minister or preacher duty authorized by The &c
neral or annual Conference. The question then
arises can the trustees legally, according to the
provisions Of the deed Of trust, allow any white
member Of the society not authorized by the
General or Annual Conference OF the ministers
10 oficiate in this houses The answer is plain,
they cannot, without violating the provisions
of the deed of trust.
IF the Common Council BY the amended act
Of February 1888, intended to authorize q Sc
parate house for the exclusive use of slaves,
free negroes, and mulattoes," for religious or
any other purposes, it becomes grave question,
whether it possesses the right, under either the
original charter of l779, or the amended charters
Of 1904 and 1896.
The charter OF l779 GRANTED by the I.esisla
ture of Virsina) gives the corporate body power
I" to make bylaws and ordinances for the regu.
lation and good government of the town, provd
ed such bylaws or ordinances shall not be repug
naaf to, or Inconsistent Nth, the laws and con.
stituton of the Common wealth." As the law
in question is repugnant to or Inconsistent with
the laws Of Virginia relating to slaves. Sc, 1t
follows that the Common Council does not pos
SECS BY this charter the power which is claimed
by its passage.
The amended charter of 1904 GRANTED by
Congressl gives the Common Council! power " to
make all laws which they may conceive requisite
for the preservation Of the health Of the inhabt.
ants and for the regulation Of the morals and po.
lice Of the said town"-provided, that such
laws shall not be repugnant TO, or Inconsistent
scih, the constitution and laws Of the United
States" On the 9th February 1901. Congress
declared that the laws Of Virginia which were
then 10 force in that State should be the laws of
the county Of Alexandria. These laws Of Vir
ginis became, then, as to this county, "laws of
the U States;" and, Of course, the Common
Council can pass no law ''repugnant TO or in
consistent with them. There was then in force
10 Virginia law, passed in 1892, concerning
slaves. free negroes, and muattoes," which Is
now the law OF Alexandria County, the Ith sec
ton Of which declares that "riots, routs. unlaw-
full assemblies, trespasses, aud seditious speech
es. by any slave or slaves, shall be punished with
stripes at the discretion Of Justice of the
Peace" The l2th section Of the same law be.
gins with these words" And to prevent the
Inconvenience arising from the meetings. of
slarss;" and then enacts, that If any master,
mistress. or overseer Of family, shall Knowing
ly permit. or suffer any slave not belonging to
hlm or her to be or remain four hours at any one
time upon his Or her plantation. without leave oil
the owner or "verseer Of such slave, such person
shall pay three dollars for every such offence"
II further enscts, .sthat every owner or over
seer who shall permit or suffer more than fve
negroes or Slaves, other than his own, to be or re-