Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-09-19

aiblilon must neces sarily Include pow
or oil defeating the national .sislaiure in
The ENJOY ment OF their legitimate auihori-
~ This view of the gu, siiou. conceive
TO be founded upon construction OF the
constitution not only The most tallscious,
but totally inconsistent and Incompatible
with the contenporaneous construction
OF that instrument by individuals who
nave derived imperishable honor, and The
perpe!nai gratitude OF their country, by
pariicipatingIn ais formation.
My opinion upon this subject is redu-
cble TO two simple ana clear propositions.
l. That the clause IN question does not
give Congress power ui creating lolie.
| ries within the District Of Columbia IN.
iirely Tree and absolved (. ON the couiroul
! OF The states IN their individual capacities
z. Admitting Congress 10 be invested
| WIN such power they are not authorized
| by the constitution 10 delegate or transfer
thai power 10 the corporation of Wash
| ington or any other whatever.
That II does not clolhe Congress with
| power TO create lotteries directly, Think
IS vident from the most obvious and ma
tural Interpretation OF the words exclu
sive legislation" The term certainly does
not, nor can IL by any species OF pliilolo-
gical sophisiry he perverted TO imply any
tor governing The citizens of "a particular.
territory, united with a power oil debarrimg
all others from participation III Thai
| right. By provision afiording 10 Corr
Sress exclusive legislation over the ten
miles square, The states are precluded
from exeriing any authority tcithin those
limits, and from interfering with all such
laws OF The federal legislature as are con
hned III their operation To the seat of
government. The claim of Congress 10
| exclusive legislation over the seat of go
vernmeni Is cOniradislinguislied from
their general powers over the whole terri.
tory OF the Union, and is opposed TO the
power exercised by the states in other
cases In common with the national legis-
lainre. This is merely a local power, and
strictly limited 10 the narrow ami con-
tracted sphere prescribed by the terms
OF lis original creation. But so soon as
the gigantic power of Congress shall PIE
sumo III lis ambitious MAJ ch TO pass the
constitutional RnbicOn, from that instant
every stride framples upon the liberties
| OF The people, and brushes the indepeu.
dencc of the STATES.
This exposition Is subslan,iated by the
opinions of those enlightened and lllus-
| trIous patriots who in the hour of perii.
stretched forth their arms 10 rescue this
now mighty republic from the horrors OF
anhchy and disunion by the establish
ment OF wise and happy government
In The Debates OF the Convention assem-.
bied III Virginia to deliberate upon The
proprlety OF adopting the federal cousi
tuition, we have ihe arguments Of several
! distinguished members III that body upon
this very clause of The constitution.
Edmund Pendlelon, equally distinguish
| Ell for his In III lille t.,trictis,n a,I f,,r
the great ability with which he for long
| time occupied and adorned the highest
! Judicial stallion IN this stale, has delivered
| Ills sentiments IN regard 10 the proper
| construction OF this clause in a manner
| exactly corresponding with the idea which
! l have formed. " This clause (savs he)
does mol give Congress power 30 impede
The operation OF any part Of tie consti
tuition, or 10 make any regulation that
| may affect the Interest of the citizens OF
the Union AT large. But il gives ihempuw
er over the local police of The place, so
as 10 be secured from any interruption in
| Their proceedings. Notwithstanding the
violent attack upon il, 1 believe, Sirs,
| lllls is the fair construction of Tie clause"
| Mr.. Madison concurred entirely in this
Interpretation Of the constitution.
| The same inference is deducible from
| the motives which are known 10 have
principally lmpelled the trainers of the
| constitution, 10 tile adoption of this par
| iIcular provision III regard 10 exclusive
legislation. During the period when
| Congress held lis sessions at Philadel-
| phla, some indignilies were offered 10
their body, incompatible with that free
dom Of delberation, so essential in the
national councils of "a free people. To
prevent repetition Of similar indigniiies,
| and To guard The general government from
| insults, and from the undue influence OF
! particular states, II was deemed necessa-
| rs 10 exclude The local legislatures from
| all jurisdiction over the seat Of govern
| meni. This was the avOWed and Bne
doubted object Tor the grant of exclusive
| legislation, and n is All invariable rule
OF construction, that no power shall he
| allowed greater latitude than is requr-
| ed TO attain that object for which il was
| given.
Assuming then, as we must do, from a
fair and rational construction of the words
| OF ihe constitution, the Interpretation they
have received from individuals enjoy ing
| ample opportunities 10 ascertain their re-
| al import, and from the avowed end OF
| lis original creation, that the power of
exclusive legislation should be Tigidly re-
strlcted 10 such laws as are merely local
and territorial, in their action il fol-
lows as all inevitable consequence, that
| congress possess no power under that
clause Of creating lotteries exempted from
the coniroul OF particular states within
| their geographical limits. For The pow
er of establishing lotteries with this free
dom from local legisIalion,is certainly not
| confined 10 the limits sbewn 10 be pre-
| scrIbed by the constitution, bat according
| TO the gentlemen who contend for this
power in congress il is HnrestrslDed, and
uncoDfned by geographical impedi-