The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-05


he fhould in order TO afcertain whether the pre-
fent was the proper time, and the refoIutions
the correct mode. la doing this me had no pre-
judices to crafty or caprice 70 indulge "a fran
ger to the place, a Granger TO The people, he had
no motive to action but the uubiallcd reiult of
his own opinion.
He flould not however look into the coniti-
tuition for fc6tions wherefrom to draw con-
ftruStive power on this head, he was not one of
thofe that collected power from implication,
and fthe authority is not expressly given he
would not af'ume it the sth fiction of the Ill
article gives to Congrefs the power Of exerci
fng the foe and executive lcgifation in all cafes
whatfoever.
What is the appropriate meaning of the
word executive rs here ufed 1t implies more
than the debarriug and ihut,ing out al other
poilibe powers of legillation, and when taken
in connection with the after, and Immediately
following words of the paragraph, it vets the
ahtolute and uncomfortable power in Congrefs
free from any rettriction; there is no pofible
cafe in which it cannot icgiilate the conhitu-
ton declares Congres l,all lsgllats In all cafes
wha,foever /; bur gentlemen fay there is cafe
in which Consrefs cannot ,egiGate. Aware of
this abfurdity, dittin6tion is attempted to be
drawn between leginatiuS for the inhabitants OF
the dftriGt and FOR the dihricf it,ef /; but if il
be efab!hed, as think it has been, that Con-
yICiS nSiC 70 eoONSut, "a you VIII allow tilS
the cXprefiion, the conciufcn IN both cafes lld-
hitting the diitinction which can by TO means
be dnne( is the lame ; in one cafe, the receilion
will mean nothing more than 4 cetiatiou from
legifiation, accompanied with dcire that it
may be r. fumsd by the ftates, in the other it
will be compleat transfer OF the diftri6t. In
this icnfe it mpit be coniidered. the very words
go the whole Of this length. II is given to Con-
grefs and not 10 the people, il is complsat
= r IL.
is full aufwer to the argument of gentlemen
that the power is held in trult and not a5fo-
Lutte.
But if gentlemen are not Gstis6ed with the
conclufons from the sth fiction ofthe 1T arti-
Gle furey they will not contend againf the ex-
prefs terms of the fecond paragraph OF the third
fiction of the 9TH article.
There it is declared that Congreis fhall have
power To dilpofe Of and make all ncedfu rules
andregulations refpectiug the territory or other
property belonging 70 the United States. Let
gentlemen look at this fiction aud compare it
with that part of the 9th fiction OF the 1T arti-
Gle which declares that CoRgrefs may exercile
like authority over all places purchaied by the
content OF the Legislature of the fate IN which
The fame fiiah DC, for the erection of forts ma
gaznes, artenals, dock yards and other ueedful
buildings. The words like 0Hborify in this
part of the paragraph have direct reference TO
the words exclzfpe legiAation in ali eayts svbaf-
/oe1er and mutually throw light on eaco other
But the quettion 70 far as it relates to the
conftitutionaty has been already fettled by the
practice Of Congreis IN the cafes mentioned by
the gentleman from North Carolina Mr.. Star-
ford) and ably commented on by gentleman
from Georgia (Mr. Eary.) Yet gentlemen fay
but thoielawS psfcd f1bEls,.fio, and the prnci-
DIES not being dfcuntd, the preccdents are not
IN point: This however admits their force, and
either fhews that every member was iatislied
that Congrefs poGeied the power, or it argues
criminal remifnefs on the part of thofe who
doubted the constitutional power of Conerefs
to effect that object. He was not inclined to
infer the latter Especially as the former part of
the ttatement obyiated all the objections he had
beard.
He would go Rep farther, as he thought
the acts of celiion from Virginia and Maryland
would give iolution of the prefent queftion,
they appeared to him TO have themfelyes the
feed of their own deltruction TOWN. We are
told that the power of receffion or of cciiion, is
not exrreGsig delegated 70 CangreGs IL ;he con-
ftituton. This objection he thought, howe
yer had been fully refuted, but if the power is
neceliarily poiieted in the complete and un-
comfortable authority Of Congreis over the dif-
triet, he would ak gentlemen to point out the
claufs 70 the contribution of either MARYLAND or
Virginia, which gave their legislatures the right
OF cednS any portion OF their territory. Bat
they did 1t under the general power of making
needfu rules and regulations in relation to their
domain. The oppoiers of this meafure are then
reduced to- this dilemma that the ftates had no
right to dsfranchife its citizens and cede the
territory, and in 70 doing violate riehtsunaIieH-
able, and that the general government in its
zeal to acquire the property, had been guilty Of
an act funwarrantable ufurpation and tyran-
ny, or they nun yield TO the correctness of my
EXPEDITION the difficulty then vanihes, and
both the ftates and the federal government have
acted correctly.
The territory belonged to them, and they
had the right to pats their cefTion laws. If it
belonged 10 them of right, it now belongs 10 US,
and is now our domain. 1t cannot, however,
be our domain, if there is a retri6tion upon our
power, and the deaial Of the right of difpoCal is
fIch refri6tion. But why llbour this queit-
OIL. Tie gentleman juft fat down, (Mr. Crit
void from ConneGicut) in the fonuduafs of
whole understanding, and the pcrlpicuity Of
whole mind have the highea confidence, has
made a fair furrender he candidly admits that
at fome period or other this mcafrre may not
ouly be expcdicnt, but become abfoutely ne
cehary. Is not this AZ explicit ayowal Of the
power--the gentleman has too much candor
10 deny Il.
AS to The expcdeucy of recefIion he pould
add afew words When he took view Of
This mighty Ten miles fquare, he faw nothing