Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-09-16

10 the SOIL on which ue Iodo - "S'
Opponents have united to undermine this
last authority, by denying, to the general
government, the legal capacity to acquire
lands within the limits Of state. even by
ordinary purchase unless indeed, Tor GER
tain purposes specified in the constitution !
md for these, not wfthoat the consent oil
the state: nor, as has been just contendeo
nv another of nv colleagues, without efciu'
siye jurisdiction, The last OF our oppo-:
nerits has augmented tbe authority IN ques.'
ton, beyond the extent which we claim, IN
order, presume, to render that claim more
difficult 10 sustain; while all OF them nave
construed the 18th clause OF the sectioh Of
the Constitution, WHICH confers, while II
enumerates, part Of the general powers OF
Congress, so as 10 restrain, rather than en-
large, the other legislative author ty OF the
government. This is, however, not re-
straining, but an enabling clause: The
place which it occupies in the constitution
and its fair construction, concur IN giving 10
IT that character.
The authority to exercise exclusive legis-
lation, in all cases whatever, over any place
within the territorial limits Of state, is
one, which Congress could seldom need,
g. which the natural pride and Jealousy OF q
sovereign state would reluctantly cede. The
articles of confederation expressly provi..
ded, "that no state should be deprived Of
territory for the benefit Of the United
States" This provso, coupled with the
paragraph of the eth article, to which 1t be-
longs, and with that which Immediately
succeeds it, proves, that BY territory was
here meant both soil and Jurisdiction. So
it was ever construed and, being so con-
strued, Maryland long refused TO ratify
those articles, because they contained ii;
while Rhode Island and NewJersey success
sively, tho Intellectually, sought to amend
them, by striking il out. They commended,
with some FEASIBILITY, that the ungranted
lands, within the states, were the property
OF the British crown, and, if wrested from
its possession, at the expence OF the com
to be regarded as common property. With
out attempting to settle the merit, Of this
argument, which, doubtless, possessed most
force in the estimation of those states who
possessed least property of description to
be affected by it, will, now, return to the
particular clause of the federal constitution,
which seems, if not to have been borrowed
from, TO bear some analogy, at least. to, the
proviso, which have endeavored to ex-
pound. This clause authorizes Congress to
acquire exclusive legislation over the soil
of state for two purposes only-for the Sc:
curity OF the immediate seat OF the federal
government from the undue control OF any
particular state; and for the military de-
fence OF the United States. II restricts the
former 10 district, not exceeding ten miles
square and the latter, to such places as
may be purchased, by the consent OF the
Legislature oil the state in which the same
may be, for the erection of forts, magazines,
arsehals, dock-yards, and other needtul
buildings" With exclusive legislation, or
Jurisdiction, if my colleagues prefer the
term, and the former power would result IN
the latter, the right Of soil in the contem-
plated district is not required to pass to the
government and, in fact, has not so pass
ed, but remains with the private owners,
except where purchased with their volunta-
~ consent.
In the other acquisitions Of land, erclu-
sue jurisdiction is allowed TO accompany
the right of soil and where the government
desires THO saio" Of authority, as it can be
obtained only by the Consent of the state,
such consent becomes necessary, and is ex-
pressed or given, Ly permitting the ,pur.
chase to be made. But, as the whole OF
any power comprehends all its parts, so
that Of a state to diYest itself of all Jurlsdic-
ton, or 10 enlarge the powers OF Congress
over such places within its territory as have
been described, may be eyerted to greater
OF less extent; and has, accordingly, been
exercised, in some cases, in such manner
as TO confer on the federal government er-
clusiUe Jurisdiction and, in others, so as
vet to reserve limited jurisdiction to the
State. Where no enlargement OF its Jur's-
diction has been sought by the government,
numerous purchasers OF the right Of SOIL
within state have been made, always
without its consent and, not only tor some
or all of the purposes enumerated IN ms
clause of the constitution but, tor uses,
almost as various, as their number has been
great. Their extent, reaching from less than
one acre, 10 more than one thousand their
uses, embracing ore and wood, and scites
for furnaces and the manufacture of arms !;
ground for cantonment; field exercise, and
even the subsistence OF the regular army !;
lois for navy.ya,ds, and whole islands, con-
tanning from three TO sixteen hundred acres,
Tor objects connected with this important
branch of the national force situations Tor
lighthouses, beacons, buoys, and public
piers and lots in this city, not only ex,
ceeding in extent. what necessity required
for the accommodation of the departments
and Offices of government, but purchased,
held. and disposed OF, for mere specula,.
ton. Where the right of soil, in any OF
this property, was in the state, It has coded
that, with the jurisdiction, in uhole, or IN
part, and sometimes that alone.
This clause of the constitution has not,
heretofore, at least, been construed by the
legislature, or by the judiciary OF the union
or of the states; i. srGs not designed It is
L.aI "a anlarne or restrain the