Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-09-25

L
bit their meeting Oh any other lawful occasion,
by leave in writing from their owner or oserseer.
or their going to church, anu attending dsrpe
service, ON the Lords day. or any other day Of
public ,oorship'' The 18th section declares,
"if any white person, free negro or muatto.
shall at any time be found in company with slaves
at anu unia,Uful meeting, or shall harbor or en-
tertain any sldpe without the consent OF his or
her owner, such person. being convicted thereof
before a Justice of the Peace, shall forfeit and
paw three dollars for every such offence to the
inlormer. :"
Then. what is an I" unlawful meetins?" The
wer IS, every meeting Of slaves not authorized
by law is an unlawful meeting. Slaves have no
legal right to attend any place Of worship. other
than such as is authorized by the 18Th section
above cited, BY which they allowed to attend
only places Of worshipon the Lords day or
some other day Of public soorship. and that in
the day time. II, then, white person. or free
negro or mulatto. is found at any religious meet
Ing withs,aves, ercepi as so authorized, he vio
lates the law, and becomes liable to the penalty
of three dollars.
The 18th section Of the law OF 1892 requires
ali Justices Of the Peace, sheriffs, and other OH
GERS, to suppress all such unlawful meetings OF
slaves. free negroes, and muiattoes, and inficts
| fine OF eight dollars on any such Justice, &c ,
who shall, after being informed of any such meet
Ing, fail to execute the law and to suppress it.
The sections here cited show the clear intent
and policy of the law Of Virginia which is now
the law Of this county. | would submit to the
consideration Of all intelligent and rejecting
persons, whether the Common Council intended
to. or could pass a law which, either by ITS let
ter or fair construction Of II, authorizes the
colored population Of the town, Of any religious
denomination, to erect and separately use house
for religious sersice.
The act Of Congress. passed in 1926, further
to amend the charter of the town OF Alexandra.
contains a provision which confirms the views
here taken of the power of the Council to pass
the law of February, 1883. The second section
Of this amendment, among other express powers
given to the Common Council. says that sit
shall have power to restrain and prohibit the
nightiy and other disorderly meetings of slaves.
free negroes. and mulattoes"--thus placing
Z" nightly meetings Of this class of persons up
on the footing of other disOrderly meetings."
The nightly meetings of slaves, SC. for any pur
pose whatever, are disorderly, and Of course un-
Lawfd The expression "shali have power"
means the same as il the statute had declared
that the Council mag restrain, prohibit, &C. II
has been repeatedly decided BY thu Courts, that
when statute says that any thing OF pubic
nature " nnay' be dane. the word "Way"is to
be understood as :. shall" and that, therefore,
it must be done. II these decisions are to be
taken as fixing the law, no discretion IS left
with those who are to do the thing, to do It Or not
as they may deem exprdient 1t follows. there
tore, from these decisions, that the Common
Council. if not bound to pass law prohibiting
nightly aud other dsordery meetings of slaves,
sc. for any purpose whatever. under the penal
ties prescribed by the amended charter OF 1876,
had no right to allow such measure to pass
| 1t will not be pretended that the grant OF
power s. to restrain and prohibit nightly and
other disorderly meetings OF slaves" &c. gives II
the power to permit or authorize them under any
limitation; yet that body, by tn. act-of February,
| 1888. has authorized them, by declaring that
such persons NAV Ind "at any place of pub
lie worship when and where white member OF
the said society, duly autharZed, 81. shall at
tend and officiate at such meeting provided.
- the said meeting or sssembage is closed before
or at ten o'clock at night. and they shall actually
depart from such place of meeting" Here, then.
is leave given to slaves, free negroes. and mulat-
toes to hold their meetings in The night, prosid.
ed they are closed at ten O'Clock al night. Sucn
permission the Common Council cannot legally
grant The law, therefore. IN this respect. is
Uoid, and Of course such meetings are unlawful.
Lii hoped the Common Council will reconsi.
der the subject, and, If this class Of people can.
according to the charter, be allowed a separate
meeting house. that the permission be accOmpa-
MED bv more restrictions than nov exist.
Nightly and tstmuifuous or noisy meetings be-
ing diso,derly. and Of course unlawful. any
,chife person, free negro, or mulatto, found at
any such unlawful meeting which is composed
partly Of slaves, is liable, under the 18th section
of the Virginia law, now the law here, to a fine OF
three dollars far every time ne attends them.
| The same clause OF the amended charter Of
1896, which gives the Common Council power
to restrain the nightly meetings under considera.
ton, also gives It power to restrain and prohibit
the keeping of tipping houses, and all kinds Of
gaming: it will hardly be commended, however,
that the Counci can authorize the keeping Of tip
ping houses or any kind of gaming, provided the
upplers and gamblers break up their meetings
:" at or before ten o'clock at night, and actually
depart from the place of their meeting" Yet it
L