Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-02-16

] manifest from an eXdmIHatiOn OF thlS Clause
of the constitution that il will afford no sane
ton, whatever, for the assumption Of the
/ power.
! In interpreting any instrument, the whole
should be taken together the objects to be
attained, and the inten. ion Of the parties,
should be considered and that construction
must, if possible, prevail, which would pre-
serve it from the imputation OF inconsistent
cy or injustice.
With these obvious rules OF Interpretation
in our minds, let US consider the real mean
ing OF the clause" Congress shall exercise
exclusive legislation, 10 all cases whatsoever,
over such district" sc.
Here is the grant OF legislative power
The nature of this power, whether subordi-
male, concurrent or supreme, was intended
to be expressed by the words y exclusive :
4" in all cases whatsoever"
! In considering their true meaning. 1t may
be remarked that the legislative power has,
from its nature, some limitation. 1t is a
power to make lows, not arbitrary edictS.
Civil or.municipal laws are designed to make
known to men their relative duties as mem
bers of society to declare the laws OF ma
ture and to enforce by sanctions, the per-
Torrance of those duties, To be obligatory,
they must be Just. They cease to be laws,
and are not entitled to obedience, when
they violate the dictates Of right reason, the
arbitress of the laws Of natures As. legls-
Iatye authority at the seat Of government,
and over district around the same, not ex-
ceeding - square miles )" the meaning OF
which is too obvious to be mistaken.
But to remove all doubt upon the subject,
it is only necessary to advert to the conse-
ouences, into which we would he drawn by
literal Interpretation. Can it be contend
ed, that 5y the words, in all cases what
soeyer," it was intended 10 invest Congress
with an unlimited Legislative authority I! An
authority not only supreme, but despobc !
or by the term 6 exclusive" that congress
must enact every law required by the lDte.
rests of this district II was, no doubt, lore
seen, that wherever the seat OF the national
government was located city would grow
into Importance, requiring system Of police
regulo rioos, which could be framed on3y BY
persons intimately acquainted with lis local
concerns Can itthen, be supposed, ,hatit
was the intention Of the Convention, that
congress should possess the sole pozser OF e.
nacting the municipal laws by which all the
inhabitants were to be bound-or. TO pre-
scribe the police regulations which the city
would require Mr.. Madison, whose agen-
cy in the formation of this Constitution is
well known, seems 10 have considered
" municipal Legislature, for local purposes,
derived from their own suferages," as
matter OF courset. And, surely, it can
never he seriously contended, that the ma
tiUnal legislature, convened for limited Pc
RODS from the extremilies Of the Union to
whom have been conhded the sole power OF
peace and war the happiness, or misery, OF
millions the destiny OF this vast confedCra.
ted empHe-shouId be required to consume
their time IN the correction Of the abuse, in
the police Of Alexandria, Georgetown and
Washington, without having the least know
ledge Of TIE persons or interests Of those for
whom they would legisiate. II is sufficient
to make the supposition. This, i'll evident
cannot be the exclusive legislation" de-
signed by the Constitution.
To be continued
y" Since the Sovereignty, or right OF COM
handing. is NATURALLY founded ona bench
cent power, ii necessarily follows that the
authority and justice Of laws are two charac-
essential to their nature, in default
of which they can produce no true obiiga-
ton"
But if the legislative power proceeds to
excess and to the'subverSion OF the tunda-
mental principles of the laws OF nature, and
of the duties which il enjoins, 1t is certain,
that N these circumstances. the subjects are
by the laws of God, not only authorised, but
even obliged to refuse obedience to all laws
OF this kind. tBUkLAMlaUI.
Federaist, No. 43.