National Republican., 1874-05-29
MEMORIALIST ARGUMENT
MIR. sHELLlP4RGER's view OF THE
/LAW POINTS.


MP RsHELI6B4RGER's view OF THE
LAM PONIES.
,.rD,o,4C MOTIVES Or THE COMPLAIN
3 rr-s~BAD CHARACTER OF OUR LOCAL
oyERNMENT-IMMENsE EXCESS OF Ex-
PENDITUREs IN DISREGARD OF LAW
DOUBTFUL POWERS UsURPED BY TIE
BoARD-PURITY AND PATRIOTISM OF
COUNSEL. s..
Mr. ChairndR aHd GentIefaen:
Ideem it best at the commsnce:nent Of these
remarks to state most explicitly what the pur
poses of them whom Represent are IN inyit-
ing and prosecuting this investigation, and
what principles of Hw, of public policy, ant
administration they rely upon in asking the 70
lief which they crave from Congress.
Ineed not say that no part of the purposes
of the nemoialists Is either TO assail indi
Vidual character, to recover for or redress
mere personal losses or wrongs, to serve any
mere private interests, to crafty any private
or Political aims or resentments, to embsrTass
the progress Of Improvement, to impede the
growth or prosperity Of these cities, to hinder
contributions by Congress in just proportions,
to the upbuiIding of the material greatness Of
the District, nor to serve any private. political
or partisan ends whatever.
I That this, now stated, is most true am con.
fident the committee and country must be fully
assured by the consideration that they whe
complain own er represent an immense proper.
ton Of the property Of this District, and could
NOT be otherwise than desireus of its pros
perity; by the high character of these citizens
who complain, by their great numbers, and BY
the absence of all reason why their motives OF
aims should be those have denied, but which
are so wantonly and falsely attributed ,to
them.
Their sole and dentire motive, in this investi.
cation, is to disclose TO that tribunal upon
which the Constitution has bestowed the exclu-
siye Jurisdiction over them, the bad character
of that local government under which they suf-
fer, its forfeiture of all title to the confidence oi
the country, or right to continue in power, and
TO secure their displacement or such additional
legislative protection as shall render them less
capable of mischief in the future.
The principles of law and considerations OF
public policy upon which they rely in this their
appeal to Congress are the most familiar and
obvious which apply to public or private af-
fairs. The Constitution in creating the pow
ers, obligations, and responsibilities of Con-
gress touching this District, has employed Ian
guage the most positive and explicit which can
be selected. 1t is in these words: Congress
shall have power to exercise exclu-
sive legislation in all cases whatsoever over
such District" }" &C. This provision, as to the
legislative power here, is plensry and exhausts
the subject matter. No other body than Con-
gress can here legislate or govern, simply be-
cause the power of Congress in the premises
is exclusive" The local government here ex-
listing is, therefore, not legislation or govern
ment, in the constitutional and usual sense, on
the part of these local authorities; but their
acts are in the nature rather Of mere rules or
regulations enacted in pursuance of Federal
statutes, because the Constitution has thus
fixed upon Congress the exclusive" and COM
plete responsibility for the government of this
District, from which it cannot escape. There
fore, the organic act, in the last of its eigh-
teenth section, not only expressly reserves the
amplest power to repeal all acts of the District
Legislature, but is also careful to declare, af-
firDatively, that the power of Congress over
the District is wholly unimpared and unaffected
by this act.
This have stated simply as a preface to
what l 1ow state as the constitutional and 20
Htical principle upon which this committee
shall act in disposing of these affairs of
the District. It is, that you shall try these
affairs now submitted to you not as a court, BY
violations Of law; not as q jury, TO determine
whether the accused is guilty or not guilty;
and not as mere citizens, to determine whether
those investigated are or are not corrupt. On
the contrary, you come to this inquest as the
eye of the American Congress, to penetrate
the character and works of your own creatures
and agents, and to decide whether their acts
and goFernment-and which are your acts and
government, and for which, before the country |
and God you are responsible, and shall answer |
are right, just, wise, benefcent, and shall |
stand, and shall 60 on, as your acts, for which,
on your honors and your oaths, you are ready |
TO stand and to answer at the tribunals of your |
constituencies, your honor and your con- |
sciences. This, gentlemen Of the committee, |
is your part In this business, and is precisel |
what you decide. You come to this inquiry |
not as either Judge, to dispose of mere cues |
tions oflaw; not as jurors, 10 dispose of mere |
questions of personal guilt; not as citizens, to
act without the responsibilities of oaths: but |
you come in that highest character and most |
solemn responsibility in which man ever acts
AS the rulers Of great people, and responsible |
to them for how your discretion, your prudence, |
your justice, your integrity, your intelligence,
and your wisdom shall be exercised In your
rule here in the District.
Pardon me, then, for admonishing you that |
it is not so much the District government |
which is on trial here as it is the Congress it
self If you shall decide that the things dis |
closed by this investigation shall still go on
here, II is not decision that, as lawyers, YOU |
can or cannot find violations Of law; it is not |
decision that, as jurors, you can or cannot find |
that those accused are either thieves or public |
plunderers; but, on the contrary, it is a decis-
ion by you, the creators and masters of the |
local authorities, that you are so satisfied with
the works Of your creatures and instruments |
that neither your views of the law your sense
OF what is just, nor your conscientious sense Of
public and official duty, will permit you to cor
rect, rebuke, or change what YOU, through |
them, are transacting in this District
In our comments now to be made we address
you, therefore, as the rulers of this District.
We address you in all your qualities and attri-
butes as such rulers, in an inquest where your
reason, your law, your justice, your conscience,
and your wisdom all have their play.
We do not desire that mere errors of opinion
or mistakes about the law or mistakes ebout
facts on the part Of these authorities shall be
visited by your severe condemnation where
good faith and diligent attention to duty have
not been lacking. So, on the other hand, we
shall demand that habitual profligacy, oppres-
sion, injustice, favoritism, fraud, and disre-
gard Of law shall not escape its merited over
learned Opinions" of "mistake," or of
things Of their Own sireship, got, in :he shape
Of "sewer acts" and the like, out of their own
lo!ns upon the body of an ''easy" Legislature
Such, Mr.. Chairman and gentlemen, are the
principles upon which we expect your action
In Ibis case to be guided, and we proceed to
address you.
"TuE PLAN"
begin with the inquiry whether the system
OF improvement which the Board of Public
Works has prosecuted Is one authorized by
law, or, on the other hand, is a sheer usurpa-
ton, prosecuted in criminal, oppressive, and
nagraIIt disregard both OF law, justice, and the
publicly and officially plighted faith and honor
Of these officers. If 1t be the latter, then, In
The name Of the law which they have trampled
upon and defled, in the name of justice which
has been outraged, and of faith which has been
violated, and of the people whom they have
oppressed and robbed, / demand for that peo-
pie the redress which only Congress can give.
Now, even boldness, not TO say the auda-
cious eiTrontery which has marked the conduct
Of these men throughout, does not dare to
affirm that the system or ''plGn" Of i'm
which they have begun to make is
,Ven an approximate to that one which is
named in, made part of, and appropriated for ,
n the fOur-million appropriation act. The one
egaliZed by the act was when completed, to
adopt the words of this "board, (record ~ |
% embrace every portion Of the District of
and comprising almost every street
ind avenue in the cities 'of Washington and ,
as well as all the roads In the ,
county," to cost in all the sum of SO, ,537 1877.
The plan prosecuted has already cost with the ,
Ivstem scarce half completed for the entire