Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1816-01-25

lof the first article, are these words s Il
exercise exclusive legislation in all case.
lwhatsoeyer, and such district mot ex
|ceeding ten miles square as may by ces,
flsion of particular states, aRG the &C
,lceptance of Congress, become the seat
Iof the government ofthe United States. y
The District of Columbia ID the ter
'Emiles square, which has been ceded By
lths states OF Virginia and Maryland to
the government. It may be commended
Iby some that in the exercise Of this IS ex-
elusive legislation," Congress have a
fright to pass whatever laws they NAV
please that there is nothing in the con-
Isituatien which prohibits them from lay
ling direct taxes, or whatever burdens
they may choose, Oh this district; that
when it was coded to the general govern
ment, it was put out of the protection OF
the laws, and that Congress might exer-
else, in their discretion, tyranny or mild
mess. In answer to these general asser-
itions. we are still to regard the constitu-
ton as the touchstone of all our opinions.
and Il that does not bear US out, | vii
then confess that we are desperatei
launched into the ocean Of perpetual sIa-
livery; that those liberties, which i.
Imeant to secure US, have been entirel
deceptive, aud that our forefatllers hay
ibIed to render one part of their ceuntr>
IS drawers Of water and hewers of wood
] to the other.
| The constitution, as the supreme and
highest authority in the land, is to be
'consideret in all its parts. Such is the
settled construction OF the wisest & bet
of statesmen and lawyers. This instru-
meEt ior6ids to Congress the suspension
of the habeas corpus act, except in cases
of rebellion OF invasion. 1t also prohi-
bits bills of attainder aud expost facto
laws. These prohibitions then are gre,
neral. and extend all over the United
States. No part Of the nation can be
affected with laws of this description ex-
cept under the circumstances warranted
For instance, the habeas corpus act can
in no case whatever be suspended, except
in those tao pointed out, viz. rebellion
Tor invasion. In no case whatever can
Congress pass bills Of attainder and ex
IP7>t facto laws. they cannot at any
time, under any circumstances. or III
faay part of the union On these mat
tiers and MANY others, their exclusive le-
|gislation is completely at stand. They
lcannot make laws of that description tor
the District Of Columbia, because the
constitution is imperative and binding.
aud prohibits them frem so doing. 1t
there restricts the exercise of that priv
liege OF exclusive legislation. II 1t had
INTENDED that the District should have
!heen bound in all cases whatever, GER
ItainIy an exception would have been
made to this restriction of power 1t
would have gone further and said, that
Congress shall not have power to pass
those laws g except so far as they re-
Igarded the ten niles square"
Having taken those two prohibitions
| OF the exercise IF legislation for the pur-
lpose of shelving that in these cases con-
igress have no power, in the one, except
lander certain circumstances, in the
other none at al, / shall adduce that
clause which more Immediately affects
lbs, aud If the congress can do the one.
Ithey uRquestionably can the other. And
have they ever dared to pass a bill Of at
tainderS When that day comes, adieu
20 all our lpfty hopes. Adieu to that sa-
cred chart of freedom. in the defence of
which, I trust, all free born men will
dare to die.
The clause which Immediately fellows
that respecting the Bill of Attainder has
been already quoted, but | shall quote it
again TO make il more conspicuous
:. No capitatioa or other direct tax shall
be laid, unless in proportion to the cen-
SIS or enumeration herein before direct
| ed to be. taken" This is another re-
striction of privilege in which the con,
gress are debarled from exercising exA
lclusivo legislation" If they cannot pass
Ian attaiuler bill or expost facto law,
how can they pass capitation Or direct
tax bib? All these privileges are deni-
ie,! in the same language aod one imme-
Id;a, slv following the other. No exoost
tacto or attainder law can be made at
all-na capitation or direct tax can be
lI.;d. EXCEPT according to the enua.era-
finn made under the constitution. An
enumeration OF the states showing the
number of representatives each ought to