Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-09-05
RICHMOND. SEPTENiBER 8 is2O.
National lotteries. Tie Constitution.

contains the same opinion. preceded BIZ the re-
marks which we made upon National Lotfe-
J ry some time since. MIR. n. adds, " We wish
/ that the practice of granting schemes 10 tempt
| the people to gamble was entirely done away"
He publishes also a tran.cript of the act TO
authorize the canal lottery, the drawing of
winch rs speedily to commence" The" Cpin.
| ION" was given in respect to the lottery aotc
| drawing at Washinston. There ia a little diff
Terence in the manner OF getting up these lot-
| terlos, bnt their essential parts are the same.
lnthat which isabout 10 be drawn. the tliority
| is directly granted, for the purposelof making *
| completing the Washington Canal We pub.
| i!sh these articles tpresent without comment
except to express our belief that the supreme
| court of the u. S if consistent with lis own
! doctrines about the bank. will certainly sancr
| ton those maintained in the opinion"
! Weregret TO see such an opinion, with the
names OF five gentlemen TO ii who rank so high
\ attic bsr-onc OF them in particular. for whose
| name, and tor whose republican princi-
| Piles. we owe The most sincere respect For,
| " th,s opinion be received il is in vain that
| Madison and Pendeton sought 10 luIl the fears.
OF the virginia Convention on this clause OF the
constitution. Congress may do any thing in the
District; and having done IL. their power
knows no locality within the boundaries of
| the UniOu!r" The states have no existence
relatively TO The effect OF snch apower." They
are as 1t they were not.-But we cannot bend
| oIr minds TO such an usur,,ation, and all that
the Ingenuity of Congress may make to grow
ont Oiit-an Hsurpatiou that fixes it's laver upon
thislitle point 10 move, asst pleases, the state
! governments. This opinion however, must
received more formal Investigation -
TO THE EDITORS OF THE ENQUIRER
herewith enclose you the Law Opinion respecting
The Washington Lottery, for your perusa and publica-
ton. Yours respectfully,
| BY the constitution OF the United States
power is given to Congress 10 exercise
| exclusive legislation, in all cases whatsoe-
yer, over such district (not exceeding ten
miles square, as may by cession Of pariic.
ular states, and the acceptance Of Con-
gress, become the seat ofthe government
! OF the United States"
This clause was no doubt inserted in
the Constitution, from The Indispensable
| necessity which was felt 10 exist thai The
National Government should have entire
authority in the place where i, was 10 be
located. II was government establish
ed for national purposes, aud il was fit
and proper that the national legislature
and The members Of il should be entirely
free from and unmolesied by The auIlori-
~ or power of any state legislature.
BY an act OF Congress power is given
TO The corporation Of the city of Washing-
ton TO auihorise The drawing OF lotteries.
for effecing any important improvement
in The city, which the ordinary funds, or
reveBues. thereof will not accomplish
Provided that the amount 10 be raised i'm
each year, shall not exceed The sum of
ten thousand dollars, and provided, also,
that The object for which the money is
intended 10 be raised shall first be sub.
miited 10 the President of the D. States,
and shall be approved by him-under the
power given by this act of Congress.
The corporation OF the city of WASH
ingion have established lotteries for the
purpose of effectiHg important improves
menis IN the said city which the ordinary
funds or revenue thereof, will not accom-.
Plish, and the object for whichihe money!
intended TO be raisedby the said lotteries,
! Is to be applied has been submitted 10 The
President of the United States, and has
been approved by him.
Have the legislatures of the individual
states, power by any law which they can
pass 10 prohibit The sale of The tickets in
the lotteries thus established in the city
of Washington
We think tie state legislatures lave no
such power. This is lottery authorised
by Congress, for the purpose of making
important improvements in the city which
may be styled the National City, IN the
Improvement of which the nation s co.'s
Cerned. II is therefore a national lottery
and authorised by national legislature.
nh'I " "Ouiu De mOneirOuS ~ any Stale
legislature could impede The execution Of
law made for national purposes, relative
10 district over which The national le-
glslalure have the exclusive right Of lc.
glsla'ion. Congress have right 10 Judge
OF The proper means OF improving he seat
OF Government; they have The power
OF raising hose means by any law not for-
hidden by the eOasiiiniion--aDd no state
legislature can consistently either viii
the letter or The spirit OF The constitution
interfere with The exercise OF this power.
II may be conceded that the power of le.
gislaiure over The District vested in Con-
gress by the 18th clause Of the sih sec
lion and first article of The constitution. is
local aDd'ierritorial with reference 10 the
sphere Of as direct and immediate action,
buI this concession leaves the matter OF
The present inquiry as much al large as ID
was before, since il is still certain that the
power itself is The power of the Union
that The whole nation are at once The
grantees (aud by their representatives.
the depositaries OF il |: that the District
upon which, or with view 10 which il
is executed, is entirely National District.
and that ihesovereigniy Of Congress over
u was communicated for national ends
but for the aforementioned clause in the
constitution The territory included within
the District of Columbia, would be Liable
10 no other legislation By Congress than