Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-12-02

be vested exclusively in such designated or privileged
class as shall be prescribed at the legislative discre
ton. 1t assumes that every right-.eVen the
and most sacred rights-of any and all persons iiV
ing within tho limits of municipality, are not only
outside the principles Of self-government are no
only beyond the operation of the bill OF rignts Du
may be irresponsiby and absolutely governed oJ
whatever power shall be set over them By Legislative
prescription. IF the legislative power OF enactine
charters is unlimtedif the principles of the bill
rights do not restrain the exercise ut that power ano
do not apply to the relations of the citizen to MI
municipal government, then the charter OF town OF
district may clohe its government with unlllhiteu
powers then the chartered authority may be sucn al
can not merely subject the citizens 20 taxation WIN
out representation and without limit it may no
only appropriate their property to public uses Win
out compensation may not only be authorized u
deny them the righ, of rial By jury wher
charged with crime, but it may be ciothec
with such other powers over munlciPa
limits us would make it despotism within
the heart of republic. If such theory is true
it needs but 10 sub-divdc the state into munlclpall.
ties in order 10 deprive the body of the people OF al
rights
such doctrines subvert every principle OF Tree
government. Il has been well said that the Dill OF
rights bears the same relation TO the BODY OF Inc
constitution as the soul 10 the human oouy. IL Be
per!neateS the constitution and all the powers OF
the government, that every legislative act, Whether
intended 10 apply to the whole people or portion,
or any one OF them, must be enacted i'll It's spirit,
and in subsection 10 its restraints. The inherent
political, personal and property rights, defined ID
the bill Of rights, are guaranteed TO the Whole pody
of the people, and to every subdivision, class and
individual of them. They are guaranteed against
invasion bv any government, either state or local,
or by any department or officer OF either govern
rneut. The entire sovereign power OF the people
themselves cannot deprive portion or any lndl-
viGua their number of any of those rights except
for crime, or in the mode pointed out IN tue lnstru-
mcnt which enumeraLcs them. The legislature, IN
framing local government does not confer Inc
rights thus previously guaranteed to every citizen
by fundamental law, nor can il diminish them or
impair their possession. This government cannot
delegate what it does not possess, nor can IL de-
sroy what the body Of the people themselves cannot
Impair. Charter governments simply PROVIDE ease
Incns, facilities and processes for particular SUD-
divisions Of the people, by which their ungrauted
rights are tic better protected, exercised ana en-
joyed. :,
Let it not be inferred that government should
he SO organized for city or town, as TO subject
il to the rule of an unrcsLralncd numerical ma
jority. A just republican system Is that which
impartially protects both maj orities and mnorl-
ties; which, in according all due powers TO the
majority, yet Restraints it from expressing the
minority. In every proper case, it arms the MI
uority with such negative power as will certainly
enable it TO protect itself against aggression, II
attempted on the part OF the majority.
In my opinion, government should be provided
for all cities and towns by general laws, which
should secure ctfectual and eqnal protection to all
rights ofpcrson and of properly. And in order 10
effect these ends, the legislative power OF each
municipality should be vested in two sepa rate 5o-
dies or boards, one elected by the entire voting
population, the other by designated tax-paylng or
property holding sIItlragaus. As all municipal ley.
islatiou would require the concurrence of both bo-
IL h.4 itnnnSsiblp
representing the smaller constituency, to iniict any
wrong, or OF itself TO accomplish any positive act
IL would, however, by its negative power, protect
the rights OF its constituency restrain communlS-
tic tendencies, and arrest all aggression emanatng
from the numerical majority.
The principle here annupcated was practically
sanction cd by the sages whose great minds per-
ftctcd the bill of rights. IL may be applied with
special efficacy III the present abnormal condition
OF southern political society, and il may help to
solve The fearful sucal problem which threatens the
larger cities aud denser populations beyond this
common wealth.
If any provision of the present constitution, him
ders the application OF this principle to the govern
mcnl of cities and towns, it ought TO be abrogated
at once.
CONSTITUTION.
The amendments to the consti tuition, voted on at
the last election, were ratified by large majority,
and appropriate legislation should give them eft
1870
feet.
The newly-proposcd and pending amendments
have been brought to my attention on behalf OF The
Joint committee which matured them. They are
cordially crued good to the extent of their
intended operation 1t was hoped, however, that
a greater reduction in the numbers of the General
Assembly would be determined on. On the one
hand, 1t is argued that large legislative bodies are
hess liable 10 be affected by undue Influences; on
the other, that lager constituencies Will be less
apt to be biased by personal influences and local
and IN the general will be represen
ted by greater DcIt. II is submitted that the eX-
hausted iuances Of the State ought to determine
such an issue in favor Of the smaller leglS latlVe
bodies, at least for some years 10 come. In my
opinion, the aggregate Of both houses OF the
General Assembly oughS not to exceed one nun
drcd membcrS.
recommend that the substance and principle of
the following propositions be embodied in addition
al amendments TO the constitution
1st That excepting bills affecting the right OF
eminent domain, also such other matters as ought
TO be specially named and excepted in the consttu-
ton special, private, or local bill shall be passed
by the General Assembly.
"a. That the power TO tax corporations and cor
porale property shall not be suwendered; and no
bill shall be passed for the benefit of any corpora
zion, now exempt from taxation, except on condl-
lion that such exemntion be surreedered.
Sd. That no railroad or other transportion com.
pdtly
count, TO any person except officers and employees
of the company.
4th. That the General Assembly may exempt from
taxation for limited time Ito be named in the con-
sLitution) capital invested in manufacturing enter
priScs, ana The property of immigrants
9Th That the offence Of corrupt solicitation OF
members Of the General Assembly, or OF public
officers of the State, or of any municipal division
thereof, and any occupation or practice of soiicta-
ton of such members or officers to influence their
official action, shall he defined by law and punish
ed BY fine and imprisonment.
QUESTIONS GROWING OUT OF FEDERAL RELATIONS
The Circuit Court Of the Uni ted States for this
State has recently rendered decision which vir-
tuallv denies 10 the commonwealth the right Of
eminent domain in the oyster beds, and if allowed
TO stand unrevcrscd it must ultimately endanger the
revenues flom that source.
in tie same court prosecutions are pending
against certain judges Of election for alleged irregu-
lariics in conducting local election In the city of
Petersburg.
Pursuant to my request, the Attorney General
has taken charge of all these cases and will follow
them up-in the first, taking every proper step in
another pending proceeding to effect reversal Of
OF the decision of .he Circuit C0urt-and IN case
the prosecutions result adversely to the defendants,
l.. ctI,NT nf n