The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-12
[FoAUma j.

81 goods, and IF they can be transferred TO Ma
r?and and Virginia, they may; Le transferred
to Vermont and Georgia; for the aSts by which
they have been frvcred from Maryland and Viz
GINA are perfect and complete; and what is
| termed rcceiIion in thofe rernlutions is as
completely 4 transfer as if the difria had never
been part of Maryland and Virginia But a
gentleman from Virginia hath told us that by
the ceihon and acceptance, CcuGrefs is omnipo-
tcnt over the dt.riSt for nay par; am n a
los TO ind the reaions that can ',.fify fuch IN
abortion; the confituton gives Cengref> the.
power 6 TO e@ercife executive Ieeilstion in all
cakes whatioever over fuch di,trtt." How can
II be lac that executive lesilation and onnipo-
tcnce are convertible terms ;
| Under the monatchy of France, before the
! revolution, the king did exercifc executive Ie-
rlilation yet he could not make transfer OF
the monarchy. BY Fundamental laws il was
diicendabie in a local fuccefiion, and not ether
wite-iiad the dynafty been extinguiflled. the
three fates of France would have been the file
authority competent to make the choice of
new dYnafty. Thus the people of France, al
though under the executive leginatioh of their
king, were vefted by the Fundamental, laws of
the monarchy with an eventual political right.
he exerciie of power and the power itIslf
are then obvioufy two difina things.
Relieving that have proved that the content
OF the inhabitants of the difrict was necegary
10 legitimate the ccfIion made by tire fstcs Of
Virginia and Maryland, it being aIfo notorious,
that fuch content hath been given, ard that
an implied content exits between the inhabi-
tants Of the diftra and the people of the Uni
ted States, they have right to the protection
of Congrefs, AS Congrefs hath right to their
obedience. Thefc mutual obligations cannot.
IN nay opinion, be defeated, but By mutual
content, or at leaf, if CoEgrefs Gbould find il
announcement TO eScrcife the powerofiegilstion
over the ditri9 the terms of iuhmiiiion on
the part OF the inhabitants of the ditri6, and
.Ao reaion and iuftice require that they hould
be reftored to thenfclves, and not be an ohieff
ottranster- The right of guardian over an
orphan IS fpecies OF juriidietion and govern
ment yet guardian cannot transfer his right
to anotner-lf he finds it irconverent to diff
cn2rSe his duties, he may reign. Ii is the
right OF an orphan, if he hath attained the age
ofdtcret;on to chooft his own guardian The
tendiits therf1ielves acknowledge that the riphts
OF patronage, of church juriMiGion, and other
feudai honours, are not transferable, nulefsa as
dependence of glebc or maner.-The trans
fer ofthe jurifdition intended by the rcfolutions
bcforc the committee is lcis iufiiable than if
1t had originated in feudal principles il is nei-
thera dependence nor appurtenance of any
slebc or other Object fufccpfibe of transfer.
Among others, two gentlemen from Virginia
have tod ns that the inhabitants of the tiari6
OF Columbia are in a ftate OF political auribiIah-
0n--that they poi1efs right--that they are
Internationally at the difcretion of Conercfs--
an one ofthofe that cannot give nv ai'rnt 70
theie poftions--I believe that they poilefs DO.
iitical and civil rights, which Conerefs hath no
power TO abridgc or impair. / believe that
Congrefs and they are mutually bound by mo-
raj obligations. The exercife ofexc.niive lsgif
lation over the dinri6 by Congrefs havine no,
been introduced Inv violence or cenc;:ea. ,ai.
not he consequently of defpotic kind. II
neceliariy partskes of the qualities of the pov-:
ef OF iegiiation commonly exercfed by poll
teal and civil authority. The power which
the contribution authorizes Congrefs to exercife
is defined 1t is to exercEe executive legiflati.
on. This exerci!e is no more, as have alr.a
dy fad, but the uie of power, and by no
means the owncrfhip of that power. If the
right of ownerikip is net vefted in Co1grefs il
remains III the inhabitants Of the difr;6f; thuq
far the people ofthe difria poiefs political
right this conisquence ariies fairly from the
premiies' ana IS perfectly congenial with the
clements of American polty.
The inhabitants of the difii6t pofTers al(o 81.
vi rights for the exercfe of the power Of e-
Citation vefted in Congrefsis generally oual;S.
by the declaration of rights introduced in
the amendment to the contribution: Com
grefs hall PATS 20 law.rcfpee'ing an efablih.
ment of religion" SC. Thi reari9ion applies
~ All Avs Whatever law paiied by Con.
grefs FOR the government Of this dinrid is not
leis law Of Congrefs than a law pafIed by
Congreis for the government of the United
States Hence the people poGefs civil ri.htt.
As to moral rights, no fociety can exit with.
cut them, unIefSin momentary nrusgle of
revolution. Thefe rights are reciprocal and
obligatory upon moral agents, either in Jingle
or corporate capacity.
Mr.. Chairman, rnuf corfrfs. however that
the fltnation of the inhabitants of this diffri4
is not fuch as fhoud delight to be in. No
pecuniary advantages could ever induce me IN
part with my elective frauchfe but il hath
been the pleaiure ofthofe people 10 part with
theirs, and the contribution of the United States
hath authorized them TODD fo-Tafte hathnocri-
terion, SHa qncnqne frabH DoihDfot." The
people OF this difriet are in fuch ftuatiop az
had been forefeen and intended By the good
and great men who framed the contribution of
the United States. To find fault with the Gtus.
ton ofthe people Of this dhrict, in point Of
is to find flut with the contribution
Was 70 tender for their rights as f,me ecn-
tlemen appear 10 bc--wss confcious tbatIte
manner in which they are governed is ola eer-
nIcious example ia the people of the UGtrd
States, fhouid eGdeayour 10 apply radical
remedy. ! ihould move an amendment 10 the
by Including slfo the Cite g. :.