Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-11-28


authority, the tenth amendment, which pro-
vides, that the powers not delegated TO the
United States by the constitution, nor prohib-
itpd by IL 10 the states, aie reserved 60 the
etates respectively, or TO the people was evil
IDENTITY adopted to give still more satisfactory
assurance OF the real object 10 be accomplish
cal; and yet the principle of this amendment
was SAID az the time TO be implied in the very
nature aud organization of the federal go-
vetumemt. 1t was invested with the powers
which had beeu lost 10 the states and 10 more
Ia be exercised over the whole extent of the
union, as they would have been before this
surrender, by the states within their respect.
i've territorial boundaries but those who
have an oblect,o accomplish, asd very often
the ingenious, who are sincerely in search of
truth, discover" more in Homer than Homer
ever thot, aud arc not satisfied will. the plain
anu Obvious Rieaniug. Hence tie dangerous
latitude, which in my humble opinion is given
to the meaning Of The l7ih article of tie Sth
section OF the constitution which gives power
to congress-" 10 make all laws which shall bs
necessary aud proper Tor carrying Into execu-
ION the foregoing powers "a latitude which
appears TO me To remove every visible bonn
dairy bOi that of the discretion Of congress ant,
almost enables congress to make the cOustitu-
tlon what they please.
lbe powers OF the general government are
delegated, those OF the states are originaL-
Congress can exercise no porerS, but such as
are derived nom the constitution of the u ,
States, either directly, or according 10 the de-
cis,on OF The Supreme Court, by Implication :;
While the states can do UhutereY is not prohibit.
az TO them by that instrumont
Inc Federal Goveioment is established for
specific aational purposes its powers are
therefore, lew, and as exactly defined MS the
impeifection OF Ian. TIA "a will hermit the stat
govet;.ments are continued for local PURPOSES.
and their powers are therefore ind. Unite
We may ascertain what they may not do. but
TIE Constitution does not specify what they
may do while directly, the reverse holds with
resDtct I'll;
tbeir respective spheres, however. they are
both restricted in certain particulars. The
general government cannot suspend the writ
OF habeas corpus, pass bill of aitainder, or
ca posi- JdctO law-the states can make no law
Hnpp ring The oblig iious of contracts or max,
any thing but gold or silver tender in paw
ment OF debts Each is, moreover, prohibited
nom invading the sphere OF legislation assign
gu TO Tue other. The state, or local govern.
nehts cannot form alliances or conclude trea-
ties with foreign pOwers-ihe general govern.
ment cannot alter the Laws OF desceJts or of
contracts or give code of municipal laws to
any OF Tue states. would ask, with which Of
these characters are we 10 rank the exclusive
legislation OF congress over The Dist,ict of
Columbia This exclusive legislation sives
Congress powers, which il is forbidden 10 cx
e'cise as the national legislature 100. IL NAV
frame code OF laws, change the rules of de-
scent, and do whatever NAV be done Inv anv
stale WITHIN It's constitutional sphere But
does Congress, as the legislature OF the Dis
met. also possess the attributes of national Ie-
sislaiisn, the power to'ueclare war. make Irea
'ies and coin money Surely mot Congress- then.
as The legislature Of the District has yery differ
ent powers iIom those OF the national iegislttu,e
They are, evidently, less than those which
belong to II III this last capacity. Are they
greater than those of the staiesI / can Dis
cover no reason why they should be so, thousb
they may be less. Congress, then is legi.Iat.
ing, tor The District OF Columbia. is merely =
local legislature, and succeeds to The iprisdic
non ehnquished by tho states OF Nlarylaud
anu virginia, and NO more. II would be utter
W AT variance with the whole plan of our ma,
uonai government, IT this ercits;re legisIa-
Ton were not kept entirely distinct from the
exercise OF These powers, which formed the
real objects of tina federal Constitution. II ia
In the natiORIL capacity that its acts ara ro-
extensive with the Uniou-as the iecisla,ure
OF tire District. II acts in narrower sphere
with no power or force of law, beyoud its
boundaries. As practical Illustration of these
observations, II may De noted that the acts OF
C0ugI eSs, relating entirely TO tue District of
Columbia, by the act of lStn April, 1915. chan
Gj7, are expressly ordered TO be IefI out of a
computation, 10 be made, Of the laws OF the u,
uiteu States.
Admitting that Congress. in exercising ex-
elusive Iegisia ION oyerfthe District of Column
bia, acts as local, not as aationdI legislature
does the act authorizing the corporation Of
W ashiugtOD 10 raise money by lottery relate
exclusively TO thu District?
ii appears 10 me ihat this is too plain 10 ad
mitoi d doubt Without the exception of the
10Th article al the 9Th section of The Coustitu.
lion of the United states, Congress could not
consistently with the genius aud history of ths
Ge"eTaI government, exercise any local leg isldv
ton lrhaterer. AcIS of Congress, relating 10
Tie property or domain of the nation clearly
come within the sphere o. the powers of Con-
guess, considered as a national legislature
nut this Is very different thing from grant
I0g lotteries TO raise moaey for building cities
or Affecting local improvements. These are
not among The powers delegated to the gen
1ral government. Congress must derive its
power, IN hose cases, entirely from the clause
Which makes II the exclusive legislature for
lie District OF Columbia. Acting in this cana
city, that body would not be justified in ex
pendihg any portion of the national funds for
the Improvement of Washington, in building
market houses. churches, or in paving Streets |
These OBJECTS might cease 10 be national il. |
dccordin. 10 tile wishes OF some, the District |
|. tonld be restored 10 Maryland and Virginia |
In Fact the nation, consiliutionally consider
Ell, has no more Interest in the growth and |
lmrroVem emf of Washington Than of Bati. |
mcIe or any other city OF The Union IL il |
not 10 be supposed, that The national influence
IL to be exeried, for the purpose of quicken. |
ing tile growth of any city IN preference per-
maps al the expense, OF others equally eniin |
lied To the protecting cares of the general |
government. Besides, the act of Congress |
authorizing the Washington lottery, does il |
merely in AID of The funds of the corporatioa. |
which clearly proves that the object is Alto |
-ether local. lit we're not, il would be un- |
ud 10 require the Corporation 10 expeud its |
treasure Tor HailoDalpurpOses. The constitu.
lion holds out no Idea of a national cits IL |
c0nfenplates nothing more than exemption
rom the local legislature OF any particular
state or states the rest is the Offspring of
Congress as lie local Legislature of the dis.
riot, approved and sanctioned. il is true bv
-he feelings anu judgments OF the American
people.
" every act Of Congress, relating TO the
DSiIIst Of Columbia, merely because snch |
act emanaies from that body, Is to be regarded
Il national act, the consequences NAV BE-
liasi alarming The consequences IL seems To
nc, are so obvious that I forbear to race