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

OYER Georgia or New Har,pil,;re-the dt.,eea
ton from thOfe fatcs on this floor would civ
the reaiure an honorable oppolition /: but thei
voice would be nc more than drop in the o
lcean. What is a Representation of three orfonr
nay of half dozen members, 70 compare will
the numbers competing the preient Houfe
; ~ believed tho people Of the d,it5it might de
pend upon the TectituCt OF Conpreis and h,
placed greater reliance this ground, than Oh
all The ahitract reaioning he had heard.
! The gentleman from r:yivsnia. (Mr. Smi.
'e) had faid that recellion was one thirr and
removal another that the two things were dit:
tinet aud not ncccGAriiy combined he trulted
| the gentleman was iinctre in faying lie did not
with for d RENE .ai-hut Mr.. y. could not f.
parate in his mind the two ideas. IF Conercfs
violate the contribution by agreeing to receliion
what .ecurity have we that the next nep NAV
! not be further violation, and followed uo b.,
removal. It is true i; would DC breach Of
contract, and perhaps produce tie defruetion
or thouiard families, now in the poiIeiiion of
a comfortable competency. But he would ak
Is this honef---it is right He could consder
! the pretent proposition in no other VT than as
4 Hopping Gone to the removal aitosether.
The gentleman on his left Mr. Eariy) had
fad that the people of this datri6t were cedcd
to Congrefs without their content, and infers
that Congrefs have the right To reccdc them
without ccniu'ting their wifl.es. MIR. r.. con-
tdsred this a fallacious approximation. The
people ofthc territory had THEN. representatives
in the legislatures of Virginia and MARYLAND ar
tke time that the scls OF cefiion were pafed.
he did not deem it material whether thofe in
divdual members voted for or againit the cefIi-
on hecaufe in republican governments the will
of the majority is the will of the whole peo-
pie.
ItA hare ,.,,,Io4 Il tf.,f
had endcavored 10 maintain, aud aDolopifcd
for the length OF time lie had detained the COM
mittee, and concluded with a declaration of
his with that the committee would give to the
rruntions decided and prompt negative in
order that the qWetion might be PIT 10 re q for
ever ;-that the people of the diarict night 90
on with their improvements, in fun confidence
that the public faith is pledged to them for the
trpport Of the privileges they enjoy under the
contribution and laws ofthe u. States.
Dr. Elmer faid he agreed with the gentlc-
man from Maryland WHO had iuit now been
up, tha: the qneftion before the committee is
az important and weighty ore; but it feems
that II is rot of itfrlf efficiently weiehty fo-
that gentleman's lhoulderS, for he has loaded il
with much extrsncous maSer. Had the gen.
tleman proved to my fltisfacion either Of the
pohtlors which he promifsd to dcmonftrate, ]
wonid moi have troubled the committee with
any remarks on the fabjet, but would have
joined him in voting aeainf the rc(olutions on
the taIle. Bet tnfor pp=tely for me have. bv
everything that hrs 'tccn fad, oecorrc more
convinced Ofthe cnnitititionality and expedi
encv Of carrying the refolutions into effect.
MIR. Chairman, il has not been commended,
and indeed it cannot be conterded bit what
the power of excrciiing executive jurifdiction o.
yer this territory was left Discretionary with
Congrefs by the contribution. That they
might or might not afutne it optionally. il
only remains iheri fol 10 enquire whether thr
act of acceptance was Of rucl nature rs to Law
Congrefs under the necefiity of CONTINUING the
exercife of that power which they have conNi-
tu:ionally ailumed. In order 70 prove this,
gentlemen have pleaded TIE act for fixing the
permanent feat OF government here, with the
afinmption and exercifc Of the right of legi0st-
ing over the inhabitants of The territory. The
latter refults from the former but it does not
necefTarily follow therefrom. This is clear 70
my mind from the words of ihe contribution &,
from the proceedings of Congrels under it. r.
moDg the enumerated powers granted to the
national legislature is that of exerciiing excJu.
five legillation over an extent of territory no,
exceeding ten miles which, by the content Of
the fates towhich tho iurifdieton might belong,
'houId be efablfhed as the feat of the general
government. But lei it be remarked that Con-
grei, have the power to excrciic this executive
legiliaiion which like al other powers granted.
may or may not he excrciftd. IF the feat of
government had not been fixed here, Con-
greta could rot have legillatcd particularly over
this territory: but the feat of government being
fixed here they may excrcfs that power or not
at their option. and the proceedings had un-
der he con'fitution relative to the fuhica con-
frmed The petition. N IuIyll 100 act was PAT.
fed III fixing the feat of government on the po-
tomac, but no a6t OF legiilition was paFed ~
81 the year 1901. 1t is therefore clear that this
may be conIidered as The permanent feat Of
government, and yet the jurii,idion of the ter
ritory rcfde in the ltates Of Virginia and Mary
land as heretofore. Bet gentleman from Ma
| ryland yc0erday told us that the cefficn and
acceptance of this territory was in the nature of
a contract in which Congrels acted only AS A.
| gents or truitecs of the people Of the United
States, and therefore il could be recedcd only
| By their acl. The aIlUfon however TO con.
! trict IS by no means nrsng, nor Dplicable in
every particular. il is altogether a political
trdalatton, az leaf 20 fur as relates to the right
Of executive lekiHaton, and bears very little az
nEity TO 4 contract between individuals in foci-
lety. Indeed the people Of this territory, if we
may trUf 10 the account Of their proceedings
lpr'n'edi IN the pub'ic papers, have given up the
point. OF Congreis being obliged to legiflate ex
lciUively over them. One Of the obiels Other
'agucistion,it appears, il to- obtain the right OF
.legiil1ting for theinielyes; and furely if Con-