The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-01


The gentleman from Pennsylvania (Mr. Smi-
iie) lan1ents the degraded 6tuation OF the people
OF this dlltict, in being inexperienced, aud in a
tate OF abiolute defpotiim. Mr.. S. fiid he did
not view them IN fuch degraded ftuation as
tated by that gentleman; he confdered them
repreientcd as the convention and rs the people
OF the United States intended they fhould be,
and as they themielyes expected TO he. Were
the Inhabitants Of this territory in the degraded
tate 10 much lamcnted by gentlemen, or were
the people of the United Safes once perfuat,ed
that portion oftheir felow-citzens were real
Iy thus opprened, we ihouId have complaints
and memorials from every quarter of the Union.
But, Sir, we have no iuch complaints-they are
iatisfed, and am entirely 70.
We are told, and the alarm is given that
there is great danger of defpotifin fpringing ND
IN this dlitret-that the feeds of defpotifm are
already lown---thlt the germ of artocracy al
ready begins to appear---and they beg us to
reflect upon the certain conduct of AZ ambiti-
Gus leader
Sir, apprehend no evil, dangerous 70 the
liberties of the country flowing from this fource.
SupPoie for the fake of argument that an ambi-
tIous leader, or a corrupt PRECEDENT, ihoud rife
up, could he, with military force, confined
tothe militia ofthe ditric, give laws cthe Union?
Can the territory afford fuRenance to an ARMY;
Hence the idea OF danger, hele. up by the gen
tleman, is predicated on the corruption OF the
legislature, and tosai dere6tion from the prin.
cIpieS OF liberty. While the Legislature fhal re-
man pure and uncorrupt, the liberties of the
people are fafe.-Without the aid of the leoilla
ture, the executive in this cafe is imDotent
Hecan neither raie nor feed one folder. But
IT the dangers and difficulties pointed ont bv
the advocates of thefe re soutions, be real, WHY
do they not apply at once an effetual remectvs
Garry them into effect, and the PRINCIPAL evil
viii! i('ll remain. 1t shopping off the branches
while the Nock remains. You Till retain all.
that in my opinion, can ever prove dangerous
to the liberties of this country. The ferttfr1t,t,
concede that Congreis mutt fill legillate for the
City; this Acknowledgements dentovs one half
their argument for it will require nearly as
much time to enact laws for five miles as for ten
miles fquare.
The advocates of thefe rcfolutons call ON ne
to prove the advantages derived by Conerefs
in exercifng executive juriidittion over this ter
rtory If they are diiIatisfied and win 70
make innovations on the regulations efablifhed
by tie contribution and the laws, the burthen
hes on them to prove that injury ia done 70
the citizens by our exerciing this confitntional
power. But, Sir, this is talk too hard for
them to perform.
Mr.. Chairman, vii! now make one ohE.r
Walton as to the policy of the neafre. Icon
hder 1t asbad policy at any time to make unne.
cetiary innovations upon eftahliihed laws and
cufoms. Why ii this cafe ak, fct the on-
vernment afioat Or why defiroy the conf
dence of the citizens in their government 4. Our
confituents are happy in tie endowment of
their freedom and liberties, the people of the
dftri6t are alto happy and fatisfied with their
prefent ftuation, and cannot, nor do WIN
to asitate the public mind without iuft can't
Under the imprefion that to adopt thefe refo.
i;itiofi5 yvttiit produce much Evil vvirhort 10
ing any good, ilall vote aginlt them, and hone
they will not pafs.
Mr.. Fiaaly obferyed, tina, after what his COL
league (Mr. Snlie) and Others had faid in favour f
the refoiutions FOR retrsceion of the territory ex
cluiive of the City, he had expected TO hear auy
objection to the refoutons n arguments derived
from the contribution; the reoiutions receding the
territory to the ftates vino had made the original cef
Ion might, he thought have been fairly conbated OIL
the ground OF expediency this ground only did the
revolutions before the committee ref. He gave credit
however TO the gentlemen oPpofed to the reioluon.
Tor their ingenuity in taking the moi tenabe ground
though not directly involved the quenion bur he ack
nowledged it indirectly connected with it. If
we had not right to retrocede, the Repr,fentatives
ofthe United States undoubtedly might decline to
erche jurfdcton, for whatever the rights Of the peo
pie were, the legislature mu be free to aa or nor 70
act. II this is the cafe II could not he fovereo
Legislature COngrefs itfelf in this cafe would aa b.
compufon.
As the conaitutionality of the queRon had been die
cuiled by every member that had fpoken on the fub
jcct, he would endeaver 20 he very conce in his oh
iervations on that ground. The power veled in Con-
gres by the contribution exercife exciBve iurlfdic-
ton over territory not exceeding ten miles fquare
was evidently of thofe powers left in the dilcreti
OF Congrefs, fUch the power to regulate WEIGHTS
and meaiures, to make bankrupt law, &c. Congress
had enacted bankrupt law and had repealed il AGAIN
They had attempted to regulate weightsand meafuy es
and had dropped the fubje6 after trial Congrefs had
accepted Of the ten miles fqu4rs, had found the eyer
ee OF the jurdicion inconveuient and were now
poiug TO make rceeion thereof to the nates from,
which it had been ceded. Mr. r. faid lie knew of no
well founded argument that would apply on tonnitu-
tional ground aganG doing 70, but what would with
equal force have applied aganG repeating the bank
rupt the excite, law any other law e ed under
coniiitutional authority.
He faid that though member Of the ratifvng con.
venton Of Pennsylvania, and Of the Legislature Of that
tate, and Of Congreis Gnce that time he did not re-
member ever to hear it luggened that Congress was
not veRed with the fame dIcrcion in this cafe as in
others expreiied IN imar terms He had indeed Of
late heard everal members fey that Congress was oh
liged 20 eAabihh permanent feat &c. but in taking
review Of the contribution he found NO fuch cxpref
ons. The wordpermanent was not in that nilrument.
nor any other eKPreon that made il the duty Of Con-
grefs 70 cilabfh permanent ieat, more than 10 eC