Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-02-09

~ Puohc convenience and interest Fixed q
Z government within this terri,ory,--lI
Puouc convenience and intrrestcan aIol
y continue It here. The permanent Sc
: % our government depends aptoothe c,
: 'ent oIour powers override country aroun
u Us, but on the will OF the nation. What
:, ever might DC The feelings Of o her gent
= neo on this srbjeet, he had no h.,i,atios
/. D aeciiritg tina, although he wa, N favo,
= ot feccd'ns the territory of Columb;s he
: sa'nsd never feel hinssl authorised az ,
representative ofV,rgioia to vote Cor re-
y movai OF thr. seat Of governments.
= IN the observations he sh,pid NAL. ~,
TINS suolecl he was w.l,as 10 nnrsvc sb,.
course taken by the gen,lesnat, from raa
ryland lMr. Dcanis) who had set OF. viii
declaring that he considered recedinr N /.
= territory, as demonstrations, ot.,i inno,;-
: tlc-. lie would examine these ssyo e,.,,,s.
lions. and Grst the cors,;,e,ional rign, 81
Soagress 10 recgie the territory. II
the words Of the constit,,. y, wer. ,.st
Congress shat exercise excimsiye ,e,sisl.-
! ,ion over the territory, there y ould be no
donbt that Ike every other part of the
constitution they mus, be obeyed. svhat-
eyer Inconvenience might attend the ex-r-
cise OF this pawsr by Congress, If by the
words .of the conslitl;iDs Il was positive
~ eslqIned IS q duty, we could not shrink
from Ks performances The words of tho
constitution are, that Congress :. snail
bare power to exercise cxclasiys lse;.Is-
ton 40 all caoes whatsoever, over s,,ch
uistriet OF country, not -ycs Sdinp ten IN les
s9iiare, as may by cession OF raric,Iar I
states become the seat OF The government, /
OF the United States" What do we an
derstand bv the words si,aii have poy.rr
10 exercise Not thar Con:,fess shall; hut 4
Tat Soagrsss may, e,Segcise exclusive Ic. 4
Ssiauon over,tae distrief precisely as she |
nay exercise any other OF her federated |
Fnwefs. By the FIRST clause of the e:r.,h I
srcuonoi the brst asticlr of ths cons:itu-
bot Congress- shall nave power 10 Law and I
co'i-et taxes, by another clause TO borrow.
money, and by other clauses various Other
i'aSers, which certaia,y may, or NAV NOT /
o. execc,ssd, without yiaai;op OF the I
csnst'sa'i9n i---ass sr example, il Congress-
! was never 70 iay :, TAX; WIS never Ia Dor
row money WIS never lay an excise
pr ~ pass uniform law on the subjcet OF
hs akruptcy II cpuid not be contended
| lnat ms constitution wss violated because
shs. Old not exercise hese powers vet
~ Ell these cases the language of The con-
suiu'ion IS, Congress shall have pover.,'
Nnr .did ne suppose, if Congress were ne
yer TO exercise exclusive IegislaIation over
ihisterFitory,ii corId be eonscpded the CON-
siiution ssas violated; be@suse ,h;s p,y
er' IKE all othsrs given under the ri,sYcrep,
clauses otthe eighth section, may, or NAV
NOT be exercised; az the public exi.en.
c'es shall require. None of the cIaosrs
are mandatory. The national Ieyisi.t,,,r,.
IS m every case left to determine whether
me ,Nfiic FOOD requires tie exercise of n
particular power If then Congress NAV
never exercise this power and not violate, |
me constitution; itfo.!ows, that the ae,ual |
exercise OF exclusive legislation over this I
territory, Is NOT an essential part Of the
constitution, but thoi this clause, ike ali Il
others IN the eighth section, IS a ,ner,.
grant nipower. Ifthen this clause which
gIv-s to Congress exclusive leaisIat;oo q. Il
yerthis territory, is ONLY grant of no,y-
er,ine use she may cons,it1tiopaIly make
OF ne power, depends on the extent OF
.ne grant aud we may fairly enquire ghe-
th;r the power over this territory is con.
is'red on Congress,in terms 50 uni; nited 4
as 10 authorize its transfer to any other
person or persons.
In order to decide this question, it win I
be necessary TO ascertain; what is The |
power Goetsrrsd by Congress over this dis
ttr'et, by the terms exclusive legislation
~ AL cases whatsoever, Isitthe same Il.
'n''eh sovereignty, which she posscsscs
over other territories of the Uni.ed Sts,es.
wbicn have not become sta,es2 Oris !,
an absolute Sovereignty In countries
where no written compaas or charters
exist between the people, and those who
govern, sovereignty IS defned, to be the |
1 :" power OF making laws" A rigbt tn die /
tate the rule of action in all cases subject |
to no controul is certainly complete so.
ysreignty. In this country, in the indiyi- 4
dual states, the sovereignty resides IN the
people, and the legislative power extends
only To certain specified os-6is, fixed 6y
their constitutions. Under the general 4,
government also, the legislaiive pDuer nf
Congress, 50 Gar as II respects the COME.
defa'cd states, extends only, 10 certain
specified cl,lsels, fixed by The constitution,
and al powers not expressly given AVE re.