Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-19
FOR THE ENQUIRER.
TIE LOTTERY CASE.

Although The meaning of a particular
clause ~ best disclosed by lis own words,
1t may be also explained by other parts
oi lie same inslTu meiii, anti by It's gene
raj tenour.
The power Of taxation is delegated by
the federal constitution TO Congress, and
the application of the faxes is limited 10
federal objects. "To pay the debts and
provide Tor the common defence aud ge-
neral welfare of the United .Slates7-Not
To enrich state, d city, or combina
lion. These latter objects constitute The
des2otIsm OF taxation. practised by sos
vereignty, and are not less adverse TO
justice AMI liberty, than To lie letter and
intention oil the constitution. How then
can II be imagined, tbat-this gross abuse
fpowcr, was contemplated by an isolal.
ed authority TO legislaie for ferls, maga-
zines, arsenals aud ten miles square and
that II lurkrd under each, in garb so
extremely rccOndiie, as neither to be dis
closed by word in the clause itself, nor
by the least accordance with the most es-
sen,al clause of the same section OF the
constitution?
Exclusive legislation is delegated to
Congress by the federal constitution in
several instances :IamOng which, those of
anu
regulation OF the land aud naval forces,
and for The territories belonging 10 lie
U. States bear the closest analogy TO
That under consideration. The exclusive
power OF IesisIaiing as TO The army ia
ambalalory, uncontined by geographical
limits, as operating upon "A class OF peo-
pie mlHglIng every where with other class
es: and Is more susceptible OF a conslTuc-
ton Tor extending legislation from sol
dleTs To citizens, than power OF legisla.
ton limited by geographical Detes and
bounds. II the people remove without
these limits, The geographical exclusive
legislation cannon follow them and if il
cannot leap over IFS limits, To come al
people once its subjects, after they have
emigfaied, how can il Oyerlcap them To
get AT people who were never its sub"
jecis at all The British only pretended
10 a power of reclaimng their emigranl
sailors, and admitted that an extension
OF tins power 10 people without the
scope Of This limited legislation, vas "a
gross and manifest abuse. We concur-
red with them in this opinion. But is
there not also close analogy between
soldiers aud sailors, and arsenas and
d0ckyards. evincing similarity of de-
sign III delegatiDg power of legislation
10 Congress over all, aud excluding tue
idea OF extending This power from dis
Iricts 10 states, and from armies to ciii-
zeTs The people may more plsusibly
be converted into an army, than dis
trict into tile u, States.
The exclusive power of legislation over
the territories bears closer analogy to
that over forts, magazines, arsenais, dock
yards, and The ten miles square. II is Ii
United both by geographical boundaries,
and also 10 residents within those boun.
daiies, aud must break through both
these limitations to get at tbe people OF
these states. These are The only cases
III which the power of exclusive legisla.
ton is restrained by geographical limits
Others, such as The exclusive legislation as
10 war and commerce, were not suscep-
tible OF this additional security against
iransgrcssion. Now, If power OF laSiDg
The whole union by a lottery for the be.
nefIi OF the city of Washington, is an ac-
cessoTy TO geographical right of exclu'
sive legislation, Congress have also =
right to tax the states TO enrich the terri
tories, TO bribe them into preference q
the territorial government, aud 10 CONVEX
them iatO instruments OF power; Ihd j
residence and geographical lGes uniiet