The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-25
FRIDAr 4N2REINc, 5aNgARr IS, 1906.


o me, however, they appear unconstitutional
and pohticaliy inexpedient, and Twill moreover
ADD, cruel, nnluit, and tyrannical i'm their ope-
ration on the people of this diftrid.
In order To aicertain the extent OF our DOW
er on the tubleet, we mutt refort to the 9Th fec
ton of the fri article of the contribution.
Here we ind that, anongt other powers there
IN enumerated, it is declared as follows. ssThat
Consreis fhall have the power 10 exercife
executive legillation in all cafes whattoe-
yer, over fuch difrct (not exceeding ten miles
iquare) as may, by ceffion OF particular fates
ana the acceptance of Congrefs, become the
leaf OF the general government" sc. This
clauie contemplates firft, place to be scquir-
ed lying at the time within the iurifiicion of
Tome of the fates, but which was to be put out
OF their control and within the executive urif-
dichon OF the general government. This was
TO be done IN order, that permanent feat might
be eitabliihed, which fhould not be liable to be
changed by legislative caprice, and in order
that the juriidittion over the place in which its
operations were to be conducted, might be like
the government itieif, the property of the whole
people OF the union and free from the influence
OF any one Gifts component parts.
L his appears to be as much a part of the
contribution, that you ihould always have this
federal ditricf, as that there fhould be a esif-
lative, executive and judiciary department..
2ndly. II points ont the manner in which
TINS dittrIct fhali be acquired, and the agents
who are to be Instrumental in the acquiftion.
TIE convention, on behalf of the people of the
United States, who are the principals, appoint
Conareis the attorney in fa6t TO receive the con-
veyance, and conftitute the legislatures of the
ftates from whom the ceiIion or conveyance is
TO be made hniilar agents to make it. The fe-
veral agents have performed their REFLECTIVE Of
fees, the diitrict has been acquired in confor-
'aity with the authority given, the right to the
property veitcd in the American people, and
poiieiiion held oft by us, for their benefit,
for Whole uie it was acquired. All the power
winch was given to the acquihtion of the ter
rtory has been eXhaufted, aud no other power
remains but that ofexercifng over it executive
lcgIilation. To explain and ilIuflrate this fub-
Iect TO the mott ordinary capacity, let me COM
pare the tranta6tion to cafe in common life
Ii l give man power of attorney to pur-
chaie FOR me q tract Of land, in a particular diff
trict of country of a fpeched quantity of acres,
leaving it to him to make the location, and he
accordingly make purchafe, and / content TO
the act, receive the conveyance, and take poc-
ieihon OF 1t, can my agent afterwards make an
other choice, diveh me of my right, and re-
convey the property without nv content No
man will anfwer this quefion afirmatively; and
yet IscIear there isa perfect iimitude between
the cafes, and that Congrefs are agents acting
IN tins cafe under a limitrd authority and conf
ned IN the exercite thereof 70 fpecifc Object
mat Consrets are fpccial aeenta, and not veft-
ed with general power over every poifible
cafe rs manife!t, from the whole tenour of tire
contribution; and will lay Gown in this in
'taace RUE which has been generally recogii-
zed aste itandard, by which to tcff The e-,rfa,,f
of CongrefIional authority in any gwen cafcy
It's that Congreis can cxercife no power on any
iul9Ject but what is expressly delegated and fpe-
cihcatiy enumerated in the contribution, or ne
cetiary and incidental to the execution of the
ipeclhed powers. What is their power in the
preient inftance To accept a cefTion and cx
ercife over it excluiive lepi1aiion Can Won in
Ter from hence apower of re-troceliion To
do 10 is at war with the amendment of the
contribution, which declares all powers not CIV
en- 10 the general government, are retained by
the ttates or the people respectively. Was not
the power confined to the acceptance oftbe diff
trict directed to be procured for a fpecifc Di,r-
pole, and when 70 acquired, to continue an OBJ
lect over which Congreis, as permanent body,
might always have it in their power to exrrcif.
exciutiVe jurlldiGion? Can you then claim the
power Of re-conveying the diftrict and geceiv-
ing one as often as your caprice NAV dictate, or
of dwelling your iucceliors OF the fame controul
over this dlltrct which we may exercife our
feives The power is not expressly delegated
hoi 10 IL d DCCeuHy power 10 carry INTO effect
any power given /; for it will not be contended.
but we may eXerciie all our powers andperform
all our duties, and Till retain the iurifdietion o.
YER the difrict?
1t has been faid, that Congrefs and the Iegifla
lures of Maryland and Virginia being the par
ties TO the contra6t, may like all other parties
by mutual content diHoive the Obligation The
premifeS might be admitted, and the concluli-
on does not follow. For It is not always true.
and never to- where the rights of third perfons
are involved, that the original contracting par
ties can diilove the contract. IF draw bill
of exchange, and the drawee cndorfe It 70 A third
perfon, it is not in the power of the drawer and
drawee to cancel the obligation. This cafe
will apply as well to the people Of the United
States as TO thofe Of the difrict of Columbia, |
Whole vefted rights are mutually afft cicd by |
the propoied refoution. But firely the pre- !
mites are ncorred, and this is TO he REGARDED |
as contract of the American people, and not |
the contract of Congrefs, made with the peo |
pie of the coded territory, that it they would |
content to give up their properly, and the |
fatesin which they lived would make the ceni- |
on, Congrefs fhould accept it, and exercife o. |
yer them executive legination
Again, Sir, it is faid that Cougrefs are not |
imperitively commanded to exercfe this power
but have an option TO exercile it or not at diff |
erection. Be it 20. But does this give the pow |
or to transfer its exercife to foreign iurifdie9
on.