The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-29


charter ofriehts Ifthey have, where is it TO be
found : Can they claim the contribution of the
United States as their charter OF rights They
are not parties TO that compact. II they are at
all partt 10 that compact. il NUT be, as ci'i-
zens o. Maryland ard Virginia. Whatever
rights, as portion Of the tstcs OF MARYLAND aud
Virginia, they nisht have acquired, Ivy being
citizens of thofe ftates, ut the time the con!titu
ton Of the United States was adopted, were
certainly Ion, by the acts of ceiiion Of Mary
land and Virginia. BY that transfer they loh
their chartered rights under the fate conftitut-
ons of Maryland and Virginia, and alic the
rights they had acquired under the contribution
oftke United States rs portions of the hates Of
Maryland and Virginia at the time of its adop
ton. BY the acts of ceiiion their right of pro-
perty only, j: fecured; their political rights
yeRed in Congrefs. And the people of ter
ritory, have as good right to claim as their
charter, the fate contributions of Maryland and
Virginia, as they would have TO claim the con-
ffitutien of the United States. Their rights
under the contribution ofthe United States were
acquired as citizens Of Maryland and Virginia,
and their rights as citizsus of thofe Rates arc
loft. IT is not therefore in the contribution of
the United States we are to look for the lmita-
ton ofthe power of Congrefs nc it reGpeas this
difrict. lsit in the people of the difrict we
rare to look for tsis limitation? Have they any
fhare in our election? Are we i'll any lhape ref
ponfible to them? Are they reprefented on
this aocr? 20 they pretend to claim or exer-
cife any political rights? IF then an abfolute
power 70 legilla.e without controul, is an abfo-
lutte Sovereignty, and there is no controu., ei-
Their 6y charter or IN the people of this territory
over the power of Congrefs, rs it refpe6ts this
diarH, it follows irre6Gibly, however CALLING il
may be to the people ef the dfricf. that as
complete tovereiguty over them as human IAN
guasc can give, is vehed in Congress That
her will is the law of the diftri6t OF Columbia,
aud that the political privileges of -thefe
people depend foley on the moral rcttituj-
Of the National Legislature. This doctrine
is strengthened by the opinion which has
always been entertained, that he.framerS of the
contribution intended to veff Congrefs with alb
folute power within this diarit1. And indeed
he had often heard that one of the mof con-
fpicuous friends TO this monfer in the conffitu-
ton, declared, that liberty ought not to exit
within the ten miles fquare, that one great Off
Ger, and one great pliion, was the only govern
ment which ought to be eitablifhed within this
devoted territory. If, as he had attempted to
flew, an abfolute fovereignty over the territory
was veted in Congrefs, it followed as necefa-
.ry conequence that it might he transferred.--
The United States had fanGtioned the principle
of transfer where the fovereignty was complete,
becaufe they had acquired valuable territory
nnder fnch transfer.
But there was another point of view in which
this quehion might be placed. twas general
iy admitted that under the terms "excluive le-
/. Citation" Congrefs had power to exercife, or
provide FOR the exerciie, of legislative, executive
and Judiciary powers, within this difri6t. Some
Of her powers fhe muf neceGarily delegate be-
cauie Inc cannot herielf exercife them.-If fhe
can transfer a portion of her fovereignty, fhe
might, he prefumed, ehablilh a government for
the territory, and veit in it legislative, executive,
and judiciary powers. II ConerefS has right
to efabliih a government for the territory, in
whom does the contribution require her to veh
her powere. She may vef them in one or more
perfons, or in one or more corporations. There
as no Limitation on the exercfc of this right if
Corgrefs pof1efes it at all. If he can transfer
her powers over this territory 10 government
within the ten miles fquare, what prevents her
transferring thefe powers to government with
out the ten miles fquare. Has not Congress
the fame right TO transfer her fovereignty over
the part of the territory bordering on Maryland
TO that fate, and her iovereignty over the part
of the territory bordering on Virginia to that
fate, that ihe would have to transfer the fame
powers 70 a government within the dittria.
The Gan,. clanGe which gives her exclnve L.
Citation is the only limitation on her power.
By eftahliihing a government for the dihriet,
Congrefs would be divefted of her executive lc-
Citation. By transfer 20 Maryland and Vir-
einia Congrefs would be divehed of her exclu-
FIVE e..lation ALTO. The extent of the power
exercifed in thc two cafessis flbfan;ially the
fame.
There was another point of view in which
this quction might be placed This ten miles
fquare is a portion of territory within the Unit
Ell States. It is admitted that the people of
this territory polIefs portion Of the fovereign
power. the fovereign power over this diftritt
then is either abfoutcly in COngrefs or Congrefs
po1efes portion of the fovereignty, and the
Ieiidue is in The people of the individual ftates
or in the ftates. If Conerels poiie}ed the en-
tire foveseignty fhe might transfer as be had
nIewn. If Conerefs po1tlcd only limited
foveregnty within this dinrict, it nun be de-
rived from the Id. clauft Of the III fiction of
the 18th article Of the contribution which declares
thai Cougrels ihs have power to difpofe of
and make all needfui rules and regulations re
fpe6ing the territory and other properly be-
longing to the United States. Or IN other
words Congrefs poAries the FAME power over
this territory which ihe has over other portions
of territory which polIcfS population without
being States. In the cxcrcife of her ordinary
territorial power, Congrefs during the laft fefi-
on, attached the territory Of Upper Louiiiina
10 Indiana. If ConCrcfs had right 20 attach
that territory to Indiana, why may fhe not trans
fer this territory, divide it sS ilIe did the terri
fart, nf -,tfE ,p1 md agfarh art - Mo-,