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

the diitriet dead weight bout The CITY. whci ;f
not ihaken On, viii ooner later, bury the whole IN
ruins.
Mr.. Ep6es.-With the gentleman from Penn
ly!vania Ny SMILEY coniidered the cIue.iion Of
receding the territory Of Columbia as enti..Iy
ieparate and ditintt from quefiion 70 remove
the feat OF government. He did not undsraand
RE particular connection between the two uref.
tons. lie believed that the feat Of eovsr.rnent
would bsas permanently fixed here, iftl,y ;uif
diG'ion OF Congress extended only over the ic;l
covered By IT'S puniic buildings, as if it erntra.
ced any given number of fquare miles. All
that the national legillatrre wants here is ac-
commodaton. Attended at this place for par
poles OF general iegiiation, the exercife of To-
cal iovereignty over few fouare miles is pef-
tner oenenctai 70 the nation nor iute,efing TO
Congrets- The right Of leg1ating for perfons
around MS WHO'S local iuterefs we do not fee,
or underftapC, cannot attach to this foot the
representatives Of the nation. The exercife Vt
this power by CongreiS Cannot attach 20 tins
pot the nalon Itte!t. The public convent
ence and iutereR fixed our governments within
this territorY,-the pubic convenience and in
tcreft can alone continue it here. The perma-
nert feat Of orr government depends not ON the
- mi OF our powers over the country around
Us, but on the will of the nation. Whatever
might be the feelings of other gentlemen ON this
fuhleSt, he had no hefitation in declaring. that
although he was IN favor of recedinr the terri
tory of Columbia, he flould never feel himf.lf
authorized as a Representative of Virginia to
vote FOR a removal of the feat of government.
In the obfevvatons he fhonld make on th;s
mblett he was willing to purlpe the COURT "a
ken by the gentleman from MARYLAND mr.. Dem
nisl who had fct ont with declaring, tina. he
conhdered receding the territory, as nnconii-
tutloHal, and impolitic. He would examine
'heit two que'tions, and fri the confitutonal
right Ct Congrefs to recede The territory 1.-THE
words of the contribution were that Cone,ers
RaN exercfe executive lesiflation over the terri-
tory, there would be no doubt but that like
every other part of the contribution they NUT
be obeyed. Whatever inconvenience mirht
attend the exercife of this power by Concrefs.
If by the words of the contribution It was nof.
lively enjoined as duty, we could not lhrink
from its performance. The words of tie con-
ittut'on are that Congrefs :" fflall have power
to eXerciie executive legflation in al cafes what
ioever, over tIch diitrtt or country, not exceed-
ing ten miles fquare, as may bv ce.fion of par
tcular itates become the feat of government of
the United States What do we u-t,erfsrd
by the words hall have power TO exercile? Not
that Consrefs AIall; but that Congref NAV.
exerclte executive leeinaticn over this ditri3,
preciieiy as The may exerciit any other of her
delegated powers. By the fra clsufe of the
eighth Fiction of The iiiff article rs In. c,Ht,.
ton, Congrefs niall have power to Law and COL
let taxes, by another clauft 20 borrow money.
and by other ciaufes various other powers
which certainly may, or may not he exerciEt1.
without a violation of the contribution as for
example, if Congrefs was never TO Law ta-.
was never to borrow money was never 70 law
an excite, or TO pafs uniform law on the
inblect Of bankruptcy; it could not be
c0rtrHtird ihar Ihe contribution --:s yioIa
ted becaafr nIe did not exercife thefe pow
ers yet iii all the1e cafes the Language Of
the contribution is, "Congrefs fhall have row
err" Nor did he fuppofe, if Congrefa were ne
yer 70 exercife excufye legiaation over this ter
rtory, 1t could be contended, the conGifafion
was violated; becaufe this power, Ike Ill
others given under the different clauf-s Of ire
eienth isctioH, may, or may not, b. e1ercicd;
as the pubic eXigencies mali require. None
of the caufes are mandatory The n1fiopsIle L.
gli!1ture is IN every cafe left f. determine whe-
Their the public good requires the svercf- OF n
particular power. If then CoGpref, may never
eXerciie this power, and not violate the cor
ititntion, It follows, that the aetna! eyerciEr of
executive legislation over this territory, is not
an eientidi part OF the contribution. but that
this clauie, ike all others in tie eighth Lrqion
rs a mere grant % power. IF then this cl4uf.
which gives 20 CCngrefs exclufve iegiflstion o.
yer this territory, 10 only grant of power, the
uie re may coniiitutionally make Of the BOW
CT, depends on the extent of the grant: and
we may f1irly euqsre, whether the power o.
yer this territory ia conferred on Conerer5. in
terms 70 unlimited rs to authorize its transfcrto
any other Perion or perions.
In order To decide this quefion, II will be re-
ceilary 70 airertain. what is the power confer
red on Corgrefs over His diariEt, nv the terms
executive legiilation, in all cafes whatever. Is
" the fame limited iovsreigatv, which ihe poi
ici!es over other territories ofthe United States,
which have not become hates9 Oris it an al
folute iovereignty In countries where no writ
ten conpatts or charters exit between the rso-
pie, and thofe who govern, fovereigRty Ia defn.
ed, to be the "poHcr Of making laws" a
night to dictate tbe rule of action in all cafes frb
icSt 10 no controul is certainly complete fove-
reigntY. In this country, in the individual
Rates, The fvcreiCriy rcfides in the rcople, and
the legislative power extends only 20 certain
ipecifrd Objects fixed Ivy their contributions.
Under the general government dfn, tire lecifa-
tive power Of COnpreis, 10 far az II refDetls Ne
coniederatcd h7'es. extends only to certain fpt-
clHed Objects. liked Byte contribution, ard III
powers, not expressly giver,, arc referved the
ftates or the people. In fpeakiug therefore Of
the legislative power Of Gate, or of Congrefs
70 far as rcldtes TO The United States, we mean
nothing more than the power Of making fueh
laws as are authorized by the contributions os