^*SoT'          C Rep.  No. 269. ]            H„. „* ReP!





          LAWS  FOR THE DISTRICT OF COLUMBIA


                          March 3, 1830.
                       Read, and laid upon the tabic.]
Mr. Powers, from the Committee  for the District of Columbia, to which
             the subject had been referred, made the following

                             REPORT:

 The Committee for the District of Columbia, to whom was referred a
   resolution of this House, directing them to inquire into the expediency
   of providing by law for the appointment of Commissioners to digest
   and form a code of Civil and Criminal Law for said District, to be
   submitted to Congress,  or such other measures us they may deem best
   calculated to remedy any existing evils in the  present laws of  said
   District, or in the administration thereof, beg  leave to report:

   That the singular and anomalous condition in which about 50,000 people
are placed in this District, has induced your committee to extend their in-
quiries somewhat perhaps beyond the literal import of the said resolution,
but not beyond its supposed spirit and intention, or the general duties of
your committee.
   The suggestions, views, and facts, which your committee propose to pre-
sent to the consideration of the House, will relate—
   First: To the circumstances which led to, or were connected with, the cession
of this District to the Federal Government, and a general history of said Dis-
trict, from that period to the present time.
   Secondly:  To its present condition, and the evils under which  it suffers;
and,
   Thirdly:  To a remedy for those evils.
   It is well known,  that the First Congress of the Revolution  met at Phi-
ladelphia, in September, 1774, and there held their sessions until December,
1776, when, in consequence of the approach of the British army, they ad-
journed and met at Baltimore, in February, 1777, where  they remained but
seven days, and then adjourned, to meet at Philadelphia  again in March
following.
   On Sunday, the 14th of September, 1777, Congress resolved, that, if it
should  be  obliged to remove from Philadelphia, Lancaster should  be the
place where they should meet. A few days after, a letter  was received from
Colonel Hamilton, which satisfied Congress of the immediate  necessity of
leaving Philadelphia; and, in pursuance of their resolve, they met atLan-
easter on the 27th of September, and, on the same  day, adjourned to York,
where thev met on the 30th; and remained until the latter  part of June, m 
<i                      [  Rep. No. 269.  ]

the year following; when, having received information from General Wash-
ington that the British had left Philadelphia, Congress  adjourned, to meet
again at that place, on the second day of July, 1778.
  On the 4thof June, 1783, it was "Resolved, that copies of the act ol the
Legislature of  Maryland, relative to the  cession of the City of Annapolis
to Congress, for their permanent residence, and also copies of the act ot the
Legislature of New York, relative to the cession of the town o  Kingston
for the same purpose, together with the papers which accompanied both  acts.
be transmitted  to the Executives of the respective States; and that they be
informed by the President, that Congress have assigned the first Monday in
October next, for taking the said offers into consideration."
  On the 21st of June,  it was resolved by Congress,  " That the President
and Supreme Executive Council of Pennsylvania  be informed, that the au-
thority  of the United Stars having  been  this day grossly insulted by the
disorderly and  menacing appearance of a body of armed soldiers about the
place within which Cong.-css were assembled, and the peace of this city be-
ing endangered by the mutinous disposition of said troops in the barracks,
it is, in the opinion of Congress, necessary that effectual measures be imme-
diately taken for supporting the public authority."
  It was further resolved, '''That the committee be directed to confer, without
loss cf time, with the Supreme Executive Council of Pennsylvania, on the prac-
ticability of carrying the preceding resolution into effect; and  that, in case it
should appear to the committee, that there is not a satisfactory ground for ex-
pecting adequate and prompt exertions of this State, for supporting the dignity
of the Federal Government,  the President, on the advice of the committee,
be authorized and directed to summon the members of Congress, to meet on
Thursday next at Trenton or Princeton, in New Jersey, in order that fur-
ther and more effectual measures may be  taken for suppressing the  present
revolt, and maintaining the dignity and authority  of the United States.
  " Resolved further, That the Secretary of War be directed to communi-
cate  to the Commander-in-Chief the state and disposition of said troops, in
order that he may take immediate measures  to despatch  to this city,  such
force as he may judge expedient, for suppressing any  disturbances that may
ensue."
  No effectual measures having been taken to secure the safety of Congress
in Philadelphia, and the clamors of the soldiers for pay not being appeased,
Congress assembled at Princeton on the 30th of June, upon the summons of
the President.
  After various negotiations between a committee on the part of Congress,
and the authorities of Pennsylvania, in relation to the above subject, on the
1st of  September, 1783, the delegates from that State laid before Congress
the following resolutions of the General Assembly of Pennsylvania:
  "Resolved, unanimously, That, until Congress shall determine upon the
place of their permanent residence, it would be  highly agreeable to  this
House  if that  honorable body should deem  it expedient to return to, and
continue in, the city of Philadelphia; in which case they offer to Congress
the different  departments in  the State House, and the adjacent buildings,
which they formerly occupied, for the purpose of transacting the national
business therein.
  " Resolved, unanimously, That this House will take effectual measures
to enable the Executive of the  State to afford speedy  and adequate  support
and  protection to the honor  and dignity of the United States in Congre^, 
[  Rep. No. 269. ]                       3
 and the persons composing the Supreme Council of the nation,  assembled
 in this city.
   "Resolved, unanimously, That, as this House is  sincerely disposed to
 render the permanent residence of Congress, in this State, commodious and
 agreeable to that honorable Body,  the delegates from this State be instruct-
 ed to request that Congress will be pleased to define what jurisdiction  they
 deem  necessary to be vested in them, in the place where they shall perma-
 nently reside."
   Congress, on the 6th of October, 1783, Resolved, "That the question be
 taken  in which  State buildings shall be provided and erected for the resi-
 dence of Congress, beginning with New Hampshire, and  proceeding in the
 order  in which they  stand."  And the question on each State passed in the
 negative.
   Previous to this a  committee had been appointed, of which Mr. Madison
 was a  member,  "to consider what jurisdiction may be proper for Congress
 in the place of their  permanent residence,"  On the 7th  of October it was
 resolved to erect buildings, for the use of Congress, near the banks and falls
 of the Delaware river, provided a suitable district could be obtained, &c.
   On  the 21st of October it was resolved as follows:
   *' Whereas there is reason to expect that the providing buildings for the
 alternate  residence of Congress in two places, will be productive of the
 most salutary effects, by securing the mutual confidence and affection of the
 States:
   " Resolved, That  buildings be  likewise erected for the use of Congress
 at or near the lower falls of the Potomac, in Georgetown: Provided, A suita-
 ble district on the banks of the river can be  procured  for a Federal town,
 and the right of soil and exclusive jurisdiction, or such other as Congress
 mav direct, shall be vested in the United  States; and that, until  the build-
 ings to be erected on  the bank of the Delaware and Potomac shall be pre-
 pared  for the reception of Congress, their residence shall  be alternately, at
 equal periods of  not  more than one year nor less than six  months, in Tren
 ton and Annapolis; and the President is hereby authorized and directed  to
 adjourn Congress on  the 12th day of  November next, to meet at  Annapolis
 on the  2Gth day  of the same month."
   On the 26th day of April, 1784, it  was " Resolved, that the President be,
 and he is hereby, authorized and directed to adjourn Congress, on the 3d of
 June next,  to meet  the  30th of October next at Trenton," where they
 accordingly assembled.                              ...      ,.   L P
   On the 20th of December, it was  « Resolved, That it is inexpedient for
 Congress to erect public buildings for their accommodation at more than one

 P  On the  23d, Commissioners  were  authorized to be appointed, with full
 power  to lay out a District, of not less than two nor more than three miles
 square, on the banks  of either side of the Delaware, and purchase such part
 of the  soil as they might judge necessary, and to erect buildings for the use
 of Congress and  the Executive offices.
   The  same day, it was resolved, that Congress should meet in the city of
 New York, until the public buildings should  be prepared  and accordingly
 assembled there  on the 13th January,  1785; and  in  February  after,he
 three Commissioners  were appointed, pursuant to the ordinance of the 23d
December previous. 
4                      [ Rep.  No.  269.  ]

  It does not appear from the journals of Congress, that any further proceed-
ings were had under the said ordinance.
  The Constitution of the United States having been ratified, it was resolved,
on the 4th of August, 1788, that the first  meeting of Congress, under said
Constitution, should be at  Baltimore; but, in two days after, New York was
substituted for Baltimore, and  this was confirmed by another resolution of
the 12th of September following.
   Here terminated the discussions of the old Congress in regard to the seat
of Government.   These discussions had occupied much of the time of that
memorable body, and the almost numberless resolutions, motions, debates,
and votes, in relation to that question, as appear from the journals, show the
exceeding difficulty and agitating nature of the subject.
   The Convention which  framed  the Constitution, sensible  of the import
ance of a permanent seat of  Government, inserted, in the 8th section of  the
1st  article thereof, a clause giving Congress power to exercise exclusive
"legislation,  in all cases  whatsoever, over such district (not  exceeding ten
miles square) as might, by cession  of particular Siates, and  the acce;;iance
of Congress, become  the seat of Government of the United States."
   The proceedings under the Constitution commenced at New York,  March
 4th, 1789.    In  May following,  acts of  the  Legislatures of Virginia  and
 Maryland were  presented to Congress, each  offering to its acceptance, ten
 miles square  of  territory for a permanent seat of Government, reserves: to
 the States the right of legislating until assumed  by Congress; afterwards,
 petitions for  its  location  in various other places and States were also pre-
 sented.   On  the 27th of August, 1789, the following resolution was offered:
 " Resolved, that a permanent residence  ought to be fixed  for the General
 Government of  the  United States, at some  convenient place, as near the
 centre of wealth, population,  and extent of territory, as  may be consistent
 with convenience to the navigation of the Atlantic Ocean, and having due
 regard to the situation of the Western country "
    In debate upon this resolution,  it was said by a member, " that the ques-
 tion now before  the House, is a grand link in the chain of the Federal sys-
 tem;  the peace  of the United States depends as much upon this as on any
 other question which can come before Congress."  Another remarked, " that.
 the idea of a permanent seat of Government was  not strictly true;  as popu-
 lation increases,  and as men of new principles and views take their seats in
 Congress, this permanent seat may be altered at pleasure."  It was remarked
 by a  .hird, that  " the existence of the Union depended upon this subject."
 A fourth stated, "that no  question would so fully try the  temper  of that
 body, as the one under consideration."  A fifth observed, " I believe it will
 involve as a any passions as can reside in the human heart."
    So much  had the old Congress been agitated with  this question, that the
 new seemed to approach the subject with awe.
    On the 1th of September, and after high debate upon various propositions
 in Committee of the  Whole, in the House of Representatives, it was " Resol-
 vel. as the opinion of this  committee, that the permanent  seat of the Gov-
 ernment of  the United  States ought to be at some convenient place on the
 East bank of the Susquehannah, in the State of Pennsylvania."  On the next
 day this resolution, and that of the 27th of August, were  adopted by the
 House; and, on  the 14th  of September, a bill was introduced to carry them
 into effect.   In  the course  of  debate, Mr. Madison said, " I now verily be-
 lieve that, if  a prophet had started up in the Virginia Convention, and foretold 
[  Rep.  No. 269. ]
5
the proceedings of this day, that State would not now be a party to this Con-
stitution."  He insisted, "thatthe centre of population would continually ad-
vance in a  Southwestern direction, and that the Potomac would be a much
more facile and effectual communication with the Western country" than any
other.   After a great deal of warm discussion on  the bill, and the various
amendments  which  were proposed  to  it, it was  passed  on the  21st  of
September, by a vote of 31  to  17; and, on the 26th, it was returned from
the Senate, with an amendment, striking out all respecting the Susquehannah,
and inserting a clause fixing  the permanent seat of Government at German-
town.   The House,  on motion of Mr  Madison, added a proviso, that no-
thing therein contained should be construed to affect the operation of the laws
of Pennsylvania within  the  said district of  ten  miles square, "until Con-
gress otherwise provide by law," when the bill passed 31 to 24;  but, on its
being returned to the Senate, was further amended, and then postponed until
the next session.
   On the 11th June, 17H0, the House passed a resolution to hold the next
session at Baltimore, but the Senate postponed it.  On the  1st July, after a
great controversy, the Senate, by a vote of 14 to 12, passed a bill locating the
seat of Government  at this place;  which also provided that Congress should
hold its session at Philadelphia  until  the year 1800, and that then the Gov-
ernment should be removed  to, and remain permanently  at, this place.  The
bill also provided that comm'.vsioners should be appointed,  who,  under the
direction of the  President,  were  to define the  limits of the district, pur-
chase lands on the East side of the river, and erect buildings.
   On the 6th July, 1790, this biil  was  passed by the House of Representa-
tives, without amendment, by a vote of 32 to 29, and was approved by the
President on the 16th of the same month.
   Thus ended a controversy in regard to the seat of Government, which
had long and deeply agitated both the  old and new Congress, and the  Re-
public.
   On the  15th of June, 1800,  the public offices were opened here,  where
Congress assembled  on  the  22d of  November following,  when President
Adams, in  his speech at the opening of the session, made the following im-
pressive remarks: li I congratulate the people of the United States on the as-
sembling of Congress at the permanent seat of their Government,  and I
congratulate you, gentlemen, on the prospect of a residence not to be changed.
It is  with you, gentlemen, to consider whether  the local  powers over the
District of Columbia, vested  by the Constitution in the Congress of the Unit-
ed States, shall be immediately exercised.   If, in your opinion, this impor-
tant trust ought now to be executed, you cannot fail, while performing it, to
take  into view the future probable situation of the Territory, for the happi-
ness of which you are about to provide.  You will  consider it as the Capital
of a great  nation, advancing, with unexampled rapidity, in arts,  in com-
merce, in wealth, and in population; and possessing, within itself, those re-
sources, which, if not thrown away, or lamentably misdirected, will secure
to it a long course of prosperity and self-government."
   To this,  the  House of Representatives replied, that " the final establish-
ment of the seat of the National Government, which has  now taken place in
the District of Columbia, is an event of no small importance in the  political
transactions of our country.  A consideration of those  powers which have
been vested in Congress  over the  District of Columbia, will not escape our
attention; nor shall we  forget,  that,  in exercising these powers,  a regard 
6                      £ Rep.  No. 2tf9.  ]
 must be bad to those events which will  necessarily  attend  the Capital of;
 America."
   The sequel of this report will show how far these views have been re-
 alized.  Before proceeding  further, your committee cannot refrain from
 making a few general remarks upon the policy of this  measure, which seems
 to  have been a matter of so much  joyful congratulation.   During its pro-
 gress  to a final  termination,  the  protection of Congress, and the personal
 security of its members, the permanent location of the General Government,
 and its dignity, seem to have swallowed up  every other consideration.  The
 dangerous tendency, in our political system, of a local central Government,
 like that  provided for the District of Columbia, was not, as appears to your
 committee,  duly considered.
   By  the Federal  Constitution, a new and  untried  scheme of government
 was adopted.  It had been argued  by the most liberal political writers in
 Europe, that a Republican Government could not  long endure,  which em-
 braced grot extent of territory, variety of soil and  climate, and  the conse-
 quent  diversity of interests,  habits, views, and pursuits.   But a wonderful
 combination of events created a state of things in this country, favorable to
 a new scheme of Republican  Government, of which Europeans had formed
 no just conceptions.   Separate but adjoining provinces became independent
 States, which united in forming a General Government, embracing the whole.
 This was done with a design that the State Governments, under the influ-
 ence of their own peculiar climate, habits, and interest, should manage their
 local concerns in their o'-vn way, while, free from jarring interests, the Gene-
 ral Government should exercise .1 control over all matters purely national,
 for the general  welfare, and  in which the interest  of the whole should be
 identified, notwithstanding the diverse pursuits and  local interests and feel-
 ings of the several parts.   In  this way, it was supposed that the dangers to a
 republic, arising from extensive territory, and variety of climate and local
 interests,  would be avoided; and yet the wise men of  that time do not seem
 fully to have considered the danger of adding to all this delicate  machinery
 of Governments within a Government,  a sort of local general  central Go-
 vernment, involving in itself many of the evils of a vastly extended repub-
 lic, at  least so far as relate* to  the various habits and  views of its legislators.
   Another anomalous feature in this local Government renders it still more
 surprising that it should have been established—a Government without re-
presentation from the people governed.  What led to the independence of
 the United States, but resistance to  this principle? and yet, how could it so
 soon have been adopted by the very fathers of the Revolution? Nothing but
 the greatest fears of insecurity  to Congress  and public officers,  could have
 led to this unfortunate result.  But we must take  things as  we find them;
 this local Government is upon our hands, and your  committee will proceed
 to consider what has been done in relation to it, and what  further ought to
 be done.
  On the  27th  February,  1801,  Congress passed the act, entitled " An act
 concerning ihe District of Columbia;"  the first section of which, declares,
 "That the lawsof the State of Virginia, as they nowexist, shall beand continue
 in force in that part of the District of Columbia which was ceded  by the said
 State to the  United States, and by them accepted for the permanent seat of
 Government; and  that the laws  of the State of Maryland, as they now
exist, shall be and  continue in force in that part of  the said District  which
 was  ceded by that State to the United States,  and  by them accepted, »«■
aforesaid." 
                         t  Rep. No. 269.  ]                       y

   The second section forms the Virginia side of the District into the county
 of Alexandria; and the Maryland side, including the cities of Georgetown
 and Washington, into the county of Washington, and places the  Potomac
 river in the jurisdiction of both those counties.   The third section institutes
 a court of three judges, and declares " that the said court and the  iudees
 thereof shall have all the powers by law vested in  the Circuit  Courts and
 the Judges of the Circuit Courts of  the United  States.  The fourth sect;on
 appointed four terms for each county in a year; but, afterwards, they were
 reduced  to  two terms.   The fifth section  is as follows: "That said court
 shall have cognizance of all crimes and offences committed within  said Dis-
 trict, and of all  cases, in  law and equity, between parties, both or either of
 which shall be residents, or be found within said District; and, also, of all
 actions or suits of a civil nature, at common law or in equity, in which  the
 United States shall be plaintiffs or complainants; and of all  seizures on land
 or water, and all penalties and  forfeitures made, arising, or accruing:, under
 the laws of the United Slates."
   The act also provides for the appointment of a clerk, marshal, and district
 attorney, and for appeals to the Supreme Court.  The 11th section autho-
 rizes the appointment of as many justices of the peace, for five years, by the
 President, (by and with the advice  and consent of the Senate) as he may
 think expedient; and they are invested with the same powers, as individual
 magistrates, as they  have a right to exercise in the respective counties under
 the respective laws of Maryland and Virginia; and shall have cognizance of
 personal demands to the value of twenty  dollars, which, by a subsequent
 act,  was increased to fifty dollars, and a jury trial allowed in all cases above
 the  former sum.  The 12th section institutes an Orphans'  Court, and pro-
 vides for appeals therefrom to the Circuit Court,
   By this act, Congress assumed the government of  this territory; for ever
 extinguished all  legislative jurisdiction of the States to which it had belonged;
 and  so executed that power of exclusive legislation vested in Congress by
 the  Constitution, as, in the opinion of many, to have placed it  beyond  the
 reach of Congress to recal.   Your committee cannot  forbear to  express  the
 opinion,  that this was one of the  most unfortunate acts which ever was, or
 can  be, passed by Congress,  within  the pale of the constitution.
   They believe  it would  have  been much wiser and  safer,  if Congress had
 never exercised  that power, but left it to the respective States, at all  events
 till a necessity for the assumption of its exercise had  occurred,  which, it is
 believed, would never have happened.
   Since that period, numerous laws have been passed  by Congress, relating
 to city charters,  public buildings,  bank and bridge companies, to the militia,
 to the incorporation of various societies and  institutions, and  to other local
 matters;  but there have not been many essential changes in the general laws
 of the District, nor in their administration.   It appears that one part of this
District is governed  by the laws of Virginia, and the  other by those of Ma-
ryland, as they existed nearly thirty years ago—laws, too,  which had been
accumulating for generations, many of whose sanctions are only suited to
the barbarous ages, and which have  long since been wisely abrogated  by the
 respective States, but are still in force in this District.
   This will, in some measure, be  illustrated  by  the following abstract of the
 criminal statutes of Maryland, now in force  here.
 1720. Ch. 25.   Burning a court house, punishment     -       -    death.
                Arson of a mansion house,       -       -       -    death. 
 8                       [  Rep. So. 269. ]

 1729.  Ch. 4, sec. 2.   Petit treason, murder, and arson, by negroes,   deatb.
                 3.   Breaking into a shop, store, or warehouse, not
                        contiguous to, or used with, a mansion, and
                        stealing goods to the value of five shillings,  death.
 1737.  Ch. 2, sec. 2.   Breaking tobacco or other oUt house, and steal-
                        ing to the value of five shillings,       *    death.
           4,          Stealing a boat or a negro,        -       -    death.
 1744.  Ch. 5, sec. 3.   Burning tobacco, or tobacco house with tobac-
                        co in it,       -      -       -       -    death.
       Ch. 20, sec. 1.   Horsestealing,   -      -       -            death.
             sec. 2.   Burning a ship, sloop, or boat,   -       -    death.
 1751.  Ch 14, sec. 2.   Slaves consulting to raise an  insurrection, or
                        to murder or poison any person, or to burn
                        a  house,       _      .       -            death.
                      Slaves who shall attempt to burn any dwell-
                        ing house,  or out house contiguous, or any
                        other  house in which any person shall be,
                        or any goods, tobacco,  Indian corn, or
                       fodder,        -                           death.
 1777.  Ch. 1, sec. 1.   Destroying, or burning, or conspiring so to do,
                        any magazine  of provisions, or military or
                        naval  stores of the United States or the
                        State,  -----     death.
 1793.  Ch. 57. sec.      Mayhem.        ....     death.
   Without going into details, it is believed that the existing criminal laws in
 the county of Alexandria are of about the same sanguinary character as the
 above; and, it is remarked by several intelligent gentlemen of that county,
 that, in consequence, many offences are suffered to go either unpunished, or
 punished  in §uch manner as amounts, in effect, to no  punishment.
   While, during the  last thirty years,  the States of  this Union have been
 making the most rapid advances in civil and criminal jurisprudence, this de-
 voted territory has  been held stationary,  and the light of improvement in
political science has not been permitted to shed its benignant rays upon this
 unfortunate and depressed people.   Still they have struggled on, and exert-
ed more energy, exhibited more ambition, and greater enterprise, than could
have been reasonably expected, under their circumstances.
   In the  year 1800, there were but 14,000 inhabitants in this District; in
 1810,  24,000; in 1820, nearly 34,000; and, at this  time,  probably not far
 from 50,000. Their enterprise and public spirit have probably carried them
 too far, in reference to their means, in local improvements, and brought up-
 on  themselves  a very  severe weight of taxation; yet they support schools,
 encourage learning, and patronize charitable and benevolent institutions, to
an extent highly creditable to them.   Independent of all  similar establish-
ments, the worthy Catholics alone furnish a gratuitous education to several
hundred  poor children annually.  Still, notwithstanding all the efforts of the
most active, moral, and industrious portion of the people, there is another
class, a sort of floating population of paupers and idlers, as degraded as they
are indolent and profligate.
   Your committee,  having thus given an outline of the circumstances which
led to the location of the seat of Government in this District, and its gem ral
history from that period, will now proceed to state more particularly its pre-
sent condition,  in regard to the laws, police, and administration of justice. 
I  Rep. No. 269.  ]
9
  With  a view to obtain the  most ample and accurate information on this
subject, wiuiin their reach, your committee, early in the present session, ad-
dressed a circular letter, containing a series of interrogatories concerning the
aff.u:s of this  District, to the judges, members of the bar, and other intelli-
gent gentlemen, whose answers reflect equal credit upon  their  intelligence
and patriotism, and which  are attached to this report.  From theso valuable
documents,  and other sources of information, your committee proceed to
state some of  the prominent evils to which the people are exposed, and beg
leave to refer  to those documents, for a mass of interesting facts and opi-
nions,  which cannot be embraced in this report; am! although, as might r avc
been expected, they are somewhat conflicting, yet they are not.  less worthy
of ex imination on that account.
  From the organization, juris diction, and proceedings of the Circuit Court,
flow many of the.  most, serious evils which afflict ibis P:strict.  This court
tries all criminal actions, from the most trifline; assault and battery to trea-
son and  murder; all  cases in eu'iitv, all civil actions,  where the demand is
over fifty dollars; appeals from Jus-.j-jvs' courts,  where the judgment exceeds
five dollars, and where the cises are not tried by a jun;a(d has original ju-
risdiction in all cases whatsoever, arising from matters ex delicto. The terms
of court are only semi-annuai, when the most incongruous mass of business
which it is possible to conceive, is brought before it, and produces that con-
fusion, delay, and consequent expense, which  operate, in  many  cases,  not
only as a denial of justice, but occasion the grossest oppression.
  At one time, the court will be  engaged in trying a case of trifling trespass
or assault, then in a case of murder, which may be followed  by an import-
ant civil cause; then  comes on a  case of a petit  hrceny, which  is  succeeded
in turn by a complicated chancery suit; from which  the court gravely pro-
seed to the  trial of a five dollar appeal from a justice of the peace.
  The nature and extent of criminal business before this court,  will be seen
by the following facts:
  The  appearance  docket of criminal cases at the last December term, in
Washington county, contained one hundred and thirty presentments and in-
dictments;  of which, fifty-three  were for assault and battery, forty-one for
larceny, seven for gaming, two for swindling, seven for riot, eight for retail-
ing liquors  without licence, three for murder, one for passing counterfeit
money, one for extortion in a magistrate, two for abusive  language, one for
trying to persuade a negro to run away, one for manslaughter, one for threat-
ening to stab, and one for resisting a constable.
  Besides those on the criminal appearance list, there were twenty-three on
the trial docket; eighteen for  nuisance or gaming;  three for assault and bat-
tery;  one for  shooting, and one  for robbery; so that the time of the court
was more occupied with matters  in behalf of the United   States,  than with
the business of suitors, which was postponed.
  It is not the practice, here,  for the court to  take notes of testimony, and
sum up the  evidence  to the jury, and  to advise them  of the law and its ap-
plication to  the testimony; a practice which, however much objected to by
some, is thought by your committee,  at  least, favorable to the despatch  of
business, if  not to the due administration of justice.   The number of civil
causes  brought before this court,  of so extensive jurisdiction, and  in a place
of so much trade,  litigation,  and commerce,  as this, must be very con-
siderable.
                     2 
10                     [ Rep.  No. 269.  ]
   It is stated to, and  believed by, your committee, that the chancery busi-
ness of the court has increased very considerably during the last few years.
The probability is, that it will continue to increase.   From the amount of
business on the common law side of the court, it is seldom that the chance-
ry causes  can be argued; and much  of the business that  is performed, is
transacted without argument.
   Each judge has the power, in vacation, to grant an injunction, but it can-
not be dissolved except by the court in term time; the consequence is, that,
sometimes, in the most flagrant cases,  an injunction will continue for several
year-, and the partv,  whose rights are thus withheld, can have no remune-
ration for his losses.
   There being no masters in chancery, that  part of the business which is
usual I \ performed by  them, is brought before the court, and discussed, or de-
cided without full discission, by the full court.  No judge, during vacation,
lus power to order publication  against absent  defendants; to ratify nisi, or
fi..ally, sales made by  trustees: to confirm an auditor's report, or order  dis-
tribution of assets in  the hands  of a trustee.   The  consequence is, that,
whenever a party chooses to contest a  case, he is furnished with opportuni-
ties at every  stage of  it to delay a final  decree.   Losses arc  sustained by
creditors, from the  money to which they are entitled lying in  the hands of
the parties  who arc to pay it,  without  adequate security, or in those of trus-
tees, without carrying interest, until the necesssary orders can be obtained at
the regular terns.   Cases sometimes occur in which  large  sums of money
arc thus tied up in the  hands of a trustee, waiting the confirmation of a re-
port and order lor distribution four or five years.
   From a court thus constituted, is it  reasonable to expect such an adminis-
tration of justice as the people have a  right to  demand?  The last grand ju-
ry of this county took it upon themselves to say  on this subject, (what in-
deed must appear evident) that there  are great evils in the delays of justice,
and the great expense to which individual suitors are put by the frequent al-
ternate trials of a criminal, a law, and a chancery case.
   It will be observed, that, during the time which is occupied by the trial of
civil and equity cases,  all the witnesses in behalf of the United  States arc
kept waiting,  at the expense  of $ 1  25 each, per day; to which should be
added jurors' fees and various other  expenses.    Your committee may, as
well in this place as  any other, express their opinion, that  witnesses'  fees
are much too  high,  and are of very dangerous tendency, independent of the
enormous expense to suitors and to the Government, which it occasion*.
   The long time  intervening between the sessions of court, produce great
hardships, both in civil and criminal cases; and in the latter, under a law of this
Dis'rict. which requires a witness to  procure security  for his appearance at
court, it is stated that,  some terms ago,  a person who could not give  such
security, was put in gaol, where he remained suffering for nearly six months,
in a matter where the  principal, if guilty, would not have been  confined
more than  ten days.
   In another instance, a person just landing on the wharf from an Eastern
vessel, happened to witness some trifling assault  and battery, was summon-
ed before a magistrate, and being a stranger, and  unable to give security, he
was committed  to  gaol with  the culprit, where they both  remained  more
than four months; and although the defendant was convicted,  yet the court,
believing he had already suffered more than merited punishment, discharged
him with the witness.   So that both  endured the same imprisonment, anel
were discharged at the same time. 
                         f Rep.  No. 269. ]                       11

   Another similar  instance has been stated to your  committee, where a
 wood boatman .was assaulted on his boat, by some piratical fellows, to whom
 be administered summary justice to his own entire satisfaction, and drove
 them off.  Yet the third  person brought  the subject  before a magistrate,
 who summoned the boatman as a witness,  who, being also a stranger, could
 not give bail, and was  thrust into  prison,  where he was kept for months;
 and, when discharged, his boat and property were lost or destroyed.  It will
 be found,  in a great proportion of cases, that persons committed for trial are
 subjected to  unreasonable imprisonment, before it is known whether they
 are innocent or guilty.
   In civil cases, also, there are serious hardships.   So unfrequent are the
 terms of court, and such its jurisdiction, practice, and course of  proceeding,
 that it takes two years and a half to collect an indisputable debt.
   These  cases are presented, in order to show  the hardships  which  are
 suffered not only from severe  laws, but from the organization and proceed-
 ings of the Circuit Court;  and to render more palpable and striking the ne-
 cessity of  lessening and separating its duties, and of dividing its  multifari-
 ous jurisdiction to some extent at  least, with other tribunals, which in the
 opinion of your committee ought to be established.
   But facts are so fully developed, by the accompanying documents, in re-
 ference to this subject, that your committee will now pass from this branch
 of their inquiry.
   Your committee will next advert to the character and proceedings of jus-
 tices of the peace, whose mode of  appointment, tenure of office, and juris-
 diction, have already been stated.  There are, in the county of Washington,
 twenty-five of these justices.   This formidable corps of subordinate magis-
 trates,  is  aided in  the administration of justice by about thirty-five consta-
 bles,  (who are appointed by the Circuit Court) while in Baltimore,  which
 contains a population of more than  eighty  thousand, there are only ten  con-
 stables devoted to justices' courts.   With  such a swarm of officers, canvass-
 ing for business, as it appears many of them do. the  most disastrous system
 of litigation and petty oppression of the poor, must  be  the inevitable conse-
 quence; and that such is the fact, is abundantly proved  to your committee.
   A  single  magistrate, and one  of the most respectable, during the  last
 year, issued 4,000 warrants. For proof of these facts, we again  refer to the
 accompanying documents, and to the intelligent gentlemen of this county.
 We might appeal to the suffering poor, to whom no scourge is so great a
 curse as petty and legalized oppression.
   It is the practice to issue a  warrant, and arrest in all civil cases without
 oath; and a cause commenced  before one magistrate is triable before another.
   OneoftheHeads of Department was recently called upon with such a pro-
 cess;  and  after his attorney had proved to the satisfaction of a jury that the
 suit was utterly groundless and vexatious, the same magistrate issued another
 warrant in the same case.
   When judgments are recovered before a justice of the peace, he will not
 receive the money, because he is allowed no compensation for doing it;  and
 where there is a delay of execution, it is the practice for the plaintiff to  take
 a certificate of the judgment, and sell it to  some one of a class of men who
are in the habit of shaving (as it is called) such certificates.  He may  sell
this to another, and he to a third;  and while the defendant  is in pursuit of
the holder of  the judgment, with  a  view to  pay it, the certificate may be
handed to a constable, who will go  to some other magistrate than the one by 
IQ
[  Rep. No. 269. ]
whom the judgment was rendered, take out an execution, and pounce upou
the defendant with a  bill of costs, before  he can find  the  last shaver, to
whom only, or the constable, he can pay the money.
  Your committee beg leave  further to illustrate the character and proceed-
ing of jus; ices' courts by some cases which have been stated to them.
  The Circuit Court has given an  opinion  (and  which  is hereto annexed)
that in no case where there is a jury trial before  a justice of the peace, can
it be brought before the Circuit Court  for a  re-hearing; that the justice in
such cases  acts ministerially—is bound  to  enter the  verdict of the jury aa
the Clerk of the Circuit Court is  bound to enter its judgments; that the Jus-
tice has no right to say what evidence the jury shall hear, or to instruct them
as to the law: that he has no .discretion, no will,  no choice, but is bound by
law to enter up judgment,  according to the will of others.
  And this decision of the Circuit  Court, whether right or  wrong, canno!
be reviewed by th;-  Supreme  Court, because the amount is  not sufficient.
But the c fleets of this decision are  shown by  the following cases, which are
stated to be common.
  A plaintiff recovers a judgment  before  a justice,  for  any  sum between
twenty and fifty dollars, (in which  only jury trials are allowed;) the defend-
ant being dissatisfied  pays the judgment,  goes to the same  or another jus-
tice, takes out a warrant  to recover back the  money,  intercedes with s
friendly  constable  to summon for  him a suitable jury,  who, it is seen, are
placed above all law, brings his cause before them, and recovers back the
amount of the first judgment.   The plaintiff also can pursue a similar course,
and there is nothing to prevent such a course of proceeding ad infinitum.
  It is stated  to your committee that trials are sometimes determined, which
produce the most singular and  ludicrous combinations.  An instance has been
known wheru one brought an action for a specific article,  over which the ma-
gistrate had no  jurisdiction, has sustained the claim  and recovered adher-
ent article—the money; another, where one who had made up certain work,
surd for the value before delivery, recovered a judgment, with the additional
order to hold the property as  security  for the  debt; so that the plaint! F had
the judgment and the  goods, while the defendant, who received  nothing,
was obliged to pay the debt.  In a case tried by n jury, where an action was
brought upon a promissory note two months before it  became due, the Jury
brought in a verdict for the demand, with a stay of execution until the note
should become  due; and the  magistrate, under the  above decision, had no
alternative but to record a judgment accordingly.
  In regard to the general character and conduct of the magistrates and con-
stables, as above described, it ought to  be stated that  there arc honorable
exceptions.
  It has been seated by respectable persons, and is believed by your com-
mittee, that a constable in this city has received, to  his  own use, in a  single
year, from two to three thousand dollars of fines paid by gamblers.
  On the subject of the Orphans'  Court there appears to be some diversity
of opinion; but the committee arc  satisfied it is susceptible of great improve-
ment  The compensation of the judge of that court,  in  the county of Alex-
andria, appears to be  too small; and the mode of paying him,  and al-o the
judge  of that court,  in this  count), is deemed objectionable.  The former
is allowed a salary of $ 500 a year,  raised by a tax on the peopk, imposed by
the Levy Co: r\ a d the latter is paid a per diem allowance  oi jg 5 00, when
engaged injudicial  duties,, which is also raised by a tax. 
                         [ Rep. tfo.  269. ]                      13

  Your committee will now notice  a very few  of the laws which seem to
call for the exercise of the remedial power of the Legislature.
  As some allusion has already been made to the criminal laws, it may suf-
fice to say, in general terms,  that the entire code is so lamentably defective
as to require immediate revision.
  By the humane and patriotic exertions of a  gentleman who was formerly
a member of this House from Pennsylvania, aided by the cordial  support of
many who are still members, Congress  was induced to  provide  a peniten-
tiary in this District  for the confinement of criminals, with a view to those
mild and humane principles  of punishment which distinguish the present
enlightened age,  and which  look as well to the moral culture and improve-
ment of convicts as to their restraint and punishment.   That institution,  al-
though  incomplete, is ready  for the reception and employment of convicts,
but there is no law  authorizing that mode  of punishment; and, in conse-
quence  of this, offenders are punished by public whipping and  imprison-
ment in the county jails, under the most loathsome and demoralizing cir-
cumstances.  On this subject we beg leave to refer to the interesting report
of the inspectors of said penitentiary, lately presented to this House.
   The laws relating to slaves require particular attention, and will hereafter be
made a  distinct subject of inquiry, when your committee come to act upon the
petitions referred to them on that subject.
   There is no law which allows bail, in  civil  cases, to surrender  his princi-
pal, except during the sitting of the court, by reason of which the bail often
becomes fixed when the principal is in the District; and, in one instance, bail
became fixed and compelled to pay a large sum  of money, when  his princi-
pal died in jail, because he could not be duly surrendered  before his death.
   There is no law which allows the proof of deeds for registration, executed
by foreign grantors, except by a subscribing witness.   A citizen of this Dis-
trict cannot sue a citizen of a State, in the Supreme Court, because he is not
himself a resident of  any State.  The judicial  proceedings of this District
cannot be evidence in the State courts, because  it is not a State.
   At least,  so far as regards this city, there is no efficient police.   Gaming,
tumults, and riots, are frequently unsuppressed, and go unpunished; and even
more flagrant offences are committed openly and with  impunity.
   There is no adequate provision  for vagrant paupers, who  pour  into the
city from all quarters, as a place of  general rendezvous, and are  seen at  al-
most every corner, in the character of street beggars.
   There is no efficient restraint upon gaming and abuses in retailing ardent
spirits,  which are among  the worst evils  in  this community; many of these
matters, however, are subjects of municipal regulation, and  fall under the
special jurisdiction of corporate authorities.  But your committee forbear
to enumerate the almost numberless  cases which might be stated,  and which
call for legislative relief; they must be apparent, from the general view which
has been given of the history of this District.
   It will not have escaped observation, that, in  this small territory, two en-
tirely distinct systems of lavvs are  administered by the same court;  laws
which are interwoven with, and buried up in, the legislative rubbish which
has been accumulating in the two adjoining  States for more than one  hun-
dred years.
  Another and more general view of the condition  of this District may,
with propriety, be hinted at   What do  foreigners expect to find  in this  lit-
fle territory, over whose  destinies they suppose the concentrated  wisdom of 
14                     [ Rep. No. 269.  ]
the nation presides?  Will they not suppose that such  a favored spot  must
exhibit the principles and effects of a Republican Government, to the great-
est possible advantage, and afford the best practical argument in their favor,
which our country can produce?   Only ten miLs square,  placed under the
special guardianship of the President of the United States, and the American
Congress; surely it may be supposed that this only child of the Federal Go-
vernment will be nursed with sedulous care,  and grow up a perfect model
of all that is valuable in  Government, and pure  in morals.   If such are the
impressions of a foreigner, who can measure his disappointment, when he
comes to witness the political  desolation which  pervades this  territory, and
finds his anticipations but an illusory dream?   Is he a friend to free Govern-
ments,  his heart  will sicken;  and,  if not,  he would exult over our degra-
dation.
   In view of all these facts, your committee cannot avoid coming to the con-
elusion, that they call for the prompt and efficient  action of  Congress; and
that the prosperity of this people, the reputation of the  country, the charac-
ter of our Republican Government, and the general cause  of liberty, are
■deeply concerned in the  result.
   For these multiplied and complicated evils what is the remedy?
   If it were practicable,  your  committee would not hesitate to recommend
$n immediate  restoration of this  District to the States from which it was
taken, and the people to the enjoyment of those political rights and privileges
of which they have been deprived, reserving  to the Federal Government
all due control over the public property, and, if thought requisite, such other
means of self protection as might be  devised.   While this   would be the
best, it is perhaps the only effectual  remedy which can be  proposed.   This
proposition was made in  Congress in less than two years after its assumption
of the Government of this District.
   On the 8th of February, 1803, Mr.  Bacon, a member  of the House of
Representatives from Massachusetts, offered the  following resolutions:
   " Resolved, That it is expedient  for Congress to  re-cede  to the State of
" Virginia the jurisdiction of that part of the territory  which was ceded to
" the United States by the said State of Virginia, by an act passed the 3d of
"December, 1789.
   11 Resolved, That it is expedient for Congress to re-cede to the  State of
" Maryland the jurisdiction of that part of the territory of  Columbia which
" was ceded to the  United States by the said State of Mar)TIand, by an act
*l passed the 19th of December, 1791: Provided, the said States should con-
sent and agree thereto."
   These resolutions were immediately referred to a Committee of the Whole
House; and the reasons urged in their favor  were,
   1.  That exclusive  jurisdiction is not necessary nor useful to the Govern-
ment.
   2.  That it deprives the inhabitants of the  District of their political rights
   3.  That much  of the time of Congress was consumed in  legislating for the
District.
   4.  That the government of the District is expensive.
   5. The incompetency  of Congress to legislate for the  District,  because
the members are strangers to its local concerns.
   6.  It is an  example of a Government without representation: an experi-
ment dangerous to the liberties of the States. 
                         £ ftep.  No. 269. ]                      15

  In answer to these reasons it was said,
  1. That the Constitution and  the acts of cession of Virginia and Mary-
land, and the act of Congress accepting the cession,  all contemplate the ex-
ercise of exclusive legislation  by Congress} and its usefulness, if not its ne-
cessity, is inferred from  the inconvenience which was felt by the Congress
of the  Confederacy for the want of it.
  2. That the people themselves, who are said to be deprived of their po-
litical rights, have  not  complained, and do  not desire a recession.   The
evil may be remedied by giving them a representation in Congress, when
the  District shall become sufficiently populous, and in the mean time a local
Legislature.    If they have not political rights, they have great political in-
fluence.
  3. The trouble and expense  of  legislating for  the District will not be
great, and will diminish, and  may in a great measure be avoided by a local
Legislature.
  4. That Congress, having accepted the cession, cannot divest itself of the
right of exclusive jurisdiction, and retain its scat of government
  5. That Congress cannot re-cede the inhabitants, without their consent.
  6. If the District should be re-ceded, there would be no obligation  upon
the Government to remain in  this place.
  7. By accepting the  cession, and exercising exclusive  legislation, a con-
tract was entered into between the ceding States, the Congress and the peo-
ple of the District, which could not be dissolved but by the consent of all
parties.
  After a debate of two days, the resolutions were lost, by a vote of 66 to 26.
  Propositions for re-ceding this District,  or parts of it, have since been re-
peatedly made to Congress, and the last, it is believed,  in the year 1820,
which proposed to re-cede all  except the city of Washington.   But the-
House of Representatives,  in  which the proposition was made, refused to
consider it  It presumed a re-cession  cannot  be made (if made at all) with-
out  the consent of Maryland and  Virginia, whose views on the subject are
unknown to your committee;  but the  recently revised Constitution of Vir-
ginia may, perhaps, interpose a new obstacle.
  ' If it is doubtful, then, whether a re-cession of this territory would not be
unconstitutional and impracticable, your committee beg leave to inquire as
to the  propriety of establishing a  local Legislature, as another remedy for
existing evils.   This plan has also been frequently, before Congress.  It has
been, or may  be, urged, in favor of this measure, that Congress, without ne-
glecting the business of the nation, could not devote that time to legislation
for  this District which its rights and interests imperiously demand; that al-
though it is small, yet its inhabitants require as full and perfect a code of laws
as the  largest community—the same protection of life, liberty, and property;
and that the laws for this purpose must be nearly as diversified and extensive
for  a small community as for the largest; that a local Legislature  would give
to the  people, to some extent, the right of self-government, the exercise of
the elective franchise; and that the enjoyment of  these  political privileges
would tend to create a spirit of enterprise  and ambition, so essential to their
prosperity,  reputation,  and happiness.   To these,  and various  other argu-
ments  in favor of a local Legislature, it has been, or may be, answered, that
Congress cannot delegate to such a body that power of exclusive legislation
which, by the Constitution, is vested  in Congress alone, any more than the
Legislature of a State could create another Legislature for the same purpose; 
 16                     £  Rep. No. 269.  ]

 and that, in neither case, can any portion of legislative power be delegated
 any farther than what simply rela'es to  mere police and  municipal regula-
 tions.  That, therefore, if a  legislative council should  be established, iits acta
 would not be binding uutil they had received the direct sanction of Congress,
 and would be nothing more than the recommendations of a respectable body
 of men, like that of commissioners or a committee of Congress.   That the
 minority of the local  Legislature, and a portion of the people, would always
 be dissatisfied with acts of the majority, and appeal to Congress against them;
 that in this way, angry disputes and conflicts would ensue,  and the time of
 Congress would  be more occupied  than if it should originate all the  neces-
 sary  laws for the District.   This idea is further enforced by the suggestion,
 that the various rival interests of the three cities of the  District, which would
 be represented in a  local L< gislature, would tend to sharpen and  increase
 these conflicls.
   The  last proposition for a local Legislature was presented to Congress, in
 1825, by the Joint Committee of both Houses for the  District of Columbia;
 but the people themselves were opposed to it, and it failed.
   In view of all the circumstances, your committee will not venture to re-
 commend either a re-ccssion of this territory or the establishment of a local
 Legislature.
   They will next inquire, whether the committees of  both  Houses of Con-
 gress for the District, in addition to their other legislative duties, can devote
 sufficient time to the  revision of the laws and  the civil and criminal juris-
 prudence of this territory as is manifestly indispensable.
   Your committee think not, and  will offer no further reason than the facts
 above stated, and the past experience on this subject.
   Upon a careful view of the whole ground, your committee are driven to
 the conclusion, that the best remedy which they can recommend, will be the
 appointment of capable and efficient commissioners, who shall be authorized
 to prepare and report to Congress  such a code of laws as will be best suited
 to the wants, habits,  and feelings, of the people; which code shall  make as
 little innovation upon the common law, and upon the statute laws of the Dis-
 trict, as shall be consistent with a perfect, simple, and  uniform system, and
 which shall be rather a revision than a new code.
   Let the most important branches be first prepared and presented to Con-
 gress, so that its action can be applied as the revision shall progress, without
 occupying too much time at any one period.
   This is not a new suggestion.   On the 29th April, 1816, Congress passed
 a law, w hich authorized the Judges of the Circuit Court and the Attorney for
 the District to prepare and  digest  a code of jurisprudence,  both  civil and
 criminal, for said District, to be submitted to Congress, and to be modified,
 altered, or adopted, as to them  should  seem proper; but no adequate com-
 pensation for expenses was made by the act.
   Independent of the very  questionable policy of imposing  upon judges
 the duty of  digesting a code of laws which they themselves were to  inter-
 pret and administer, their other onerous official  duties were incompatible
 with such a service.   The consequence was, that all the Commissioners de-
 clined acting,  except  one of the judges, of extraordinary industry, who ap-
 plied himself assiduously to the work, and reported a code to Congress, which
 was ordered to be printed, but was never adopted.  How far this n ay assist
the labors of any Commissioners which may be hereafter appointed,  you*
 committee are unable  to judge. 
I  Rep. No. 269.  ]                     17
    Tn connexion with this subject, your committee beg leave to suggest the
 propriety of allowing the Distr ct to be  represented by  a Delegate in the
 House of Representatives, in the .same manner as other Territories
    It has now a population which, in any df the States, would entitle it to a
 member of Congress, and greater than any of the Territories which are now
 thus represented.   Let there be some  link between the Government and the
 people governed:  let some'principle of representation be observed.   Even
 the enjoyment of this limited political privilege would be consideie ,  it is
 hoped, a valuable boon  to the people,  and produce salutary consequences.
 If, for their first Delegate, they should happen to choose one of the revisers
 of their laws,  (should any be  appointed) he might afford very  useful and
 ■efficient aid  in their passage.
   After providing a bill for the appointment of Commissioners, your com-
 mittee would be glad, for the present,  to leave  the Subject; but there are
 some matters, of such pressing urgency, as cannot, with propriety, be delayed,
 and ought immediately to be  presented to the consideration  of the House.
   A subject of the first importance is  a criminal code, adapted to 'the new
 .penitentiary, which your committee will propose in as simple a form as pos-
 sible, and  more with a view to temporary purposes than as a permanent sys-
 tem, which ought to fall under the mature consideration of the revisers.
   The next  subject of the most general interest relates to the courts of jus
 tice.   In relation to this, as will be seen  by the annexed  papers, various
 schemes have been proposed;  and without,  at.this time,  undertaking dis-
 tinctly to determine which is the best,  your committee do not hesitate to say
 that some  changes are absolutely demanded  by every  consideration arising
 from justice  and propriety.
   In lieu of the present iniquitous and oppressive system of Justices* Courts,
 it might be expedient to institute  a  monthly court in each city, to  be  com-
 posed of three or four gentlemen of talents and standing, who, individually,
 should be authorized to take confessions of judgments,  and to issue process
 in litigated cases, returnable in court;  that its jurisdiction  should  be consi-
 derable in civil cases, and that it should try all criminal cases not capital or
 punishable in the penitentiary.   It is believed that such a  court  would be
 amply sufficient for all its legitimate purposes, and that, by abolishing the
 power of the present magistrates and constables,  a great blessing would be
 conferred upon the community, and especially upon the poor.
   In regard to a division of the power and duties of the Circuit Court, much
 greater difficulty arises, and greater diversity of opinion prevails.   Indepen-
 dent of the different plans which are proposed to your committee, the follow-
 ing has been under their consideration: to erect a Court of Chancery, inde-
 pendently of the Circuit; transfer to the  chancellor all the  powers and du-
 ties of the judges of the Orphans' Court in both counties, in which he shall
 be obliged to hold a court  monthly; that  he should appoint a register in
 each county,  who  should not only perform the appropriate duties  of a re-
 gister in chancery,  but also of the Orphans' Court, with, perhaps, some ad-
 ditional powers.  This would be economical; and it is  believed the chancel-
lor would be fully competent to perform the duties proposed.
   On the subject of trials by the judges of the Circuit Court, your commit-
 tee are decidedly in favor of a msi prius system.
  It may be said that the measures proposed will involve considerable expense.
What then?  Can this local nondescript Government be sustained without ex-
pense? Certainly not  To whom else can the people look but to Congress?
                3 
 18                      £  Rep. No. 269.  ]

 Where else can they go, not only for the protection of their pcisonal rights
 (political they have few) but for aid in the promotion of learning, of science,
 and the arts—of domestic industry, and local improvements?  In short, the
 same encouragement to all useful institutions and objects within the District,
 which a State Government ought to extend to similar institutions ami objects
 within its own limits; not  indiscreetly,  and  in profusion, but in that cau-
 tious, yet liberal manner, as will  most economically and efficiently  combine
 individual enterprise with public  bounty for the general good.  Here no con-
 stitutional scruples can operate:  Congress has the power of exclusive legis-
 lation, and, therefore, justice and expediency are the only questions; and  it
 is to the justice and wisdom of Congress, and Congress alone,  to which this
 people can appeal for patronage and protection; and this appeal, it is believ-
 ed, can never be made in vain.
   Without further extending th»s report, your committee beg  leave  to con-
 clude by saying that they will endeavor soon to prepare and  present  bills
 which shall  embrace those subjects that appear  to  your committee of the
 greatest immediate importance, and most pressing urgency.

   Note.—Several of the accompanying documents were received  by the
 committee after this report was prepared, and just before it was presented to
the House.