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

Brave S4n' oi til. West, all Europe Will praise
Inc p'hnptness with which you performed your com.
anis2ion;
In. r'd"ili ADMIN that your conduct displays
ssa' TO move n with a great expedition
Ecu Weington's duke n no in France aud IN Spain
On 'acr'heed legoHs Of Bonapaiie's martyrs
WI swear, when he near. tbat his General, are stain
-------------~As1sa>sS r. +
NATIONAL LOTTERY
BALTIMORE, November Il The following
op'"'"n va s'Nen ny our late delegate aud ps-
,eemeI fellow citizen, Henry NJ. Bracke,.,
riust Esq at the instance Of some PERSONS in
'h'S ely who were interested in the question
whlchis examined in il (; question which will
shortly be the subject OF judicial investina.
'oh oeio,e me Supreme Court OF the United
S'asrS where II must be finally decided IL
VIII I've seen that this opinion is directly con-
HdrN tn thdt II fonr eminent LAWYERS on the
same question winch has been published in Sc
FtIai OF The npwspapsrs Fed Ia,
The Act OF Assembly forbJdins ,h, - =,
me tickets of any lottery not authorised by
the State, /, law winch nothing in The con
stfn'oh OF The Cniied States restraints the sia te
,io U" pasS,"s, ana IL IL not urged AS an ohjec-
uoh' To lt> operation ia all cases thai il inter.
yereS @th the rights ofthe cHizens other States,
bu' !, Is suggested, that as the corporation
OF Inc ChH OF Washington has been auihorized
og an hf congress TO raise BY Lottery, such
sums i0I the Improvement of The city, an IL,
ordinary JnndS are not sufficient TO effect. no
st"te Jaw can pIeVent The sale Of the tickets in
any part OF The States, as this wonId he 10
ernm~nt. 49,
cannot discover in the provisions of The
ro"t'dl Constitution any authority, even by
hnpEcatIon. TO e0able Congress to raise mo.
ny ny LGterN' TO aid any of the cities OF
the oniled States, "a effect important improye,
meats, where III ordiRary funds of such cities
hhpPem 10 be iusulhCirii /, H. therefore IN
ne presumed, that the at, OF Congress In oues.
~" WIS ehac'ed III VirtuE OF the 10th article o (
IN" SIN section OF The Constitutions which an
thcrists Congress IL exercise eXciu.iye loyis.
TALON 10 ali cases whatsoever over sucb dis.
tfict (oot exceeding tea miles snuare) az may
~ crsSioh Ol particular states and tIss arcen
ta"ce OF Congress become the seat II govern
meui OF ihe UGiied States" In looking, al this
provision. am led to enquire ,iu " ina, canactty
uGeS Congress exercise Ihis erclusire lie 4. isla.
mn as lhe great national legislature, or az
a local Legislature Ana, in The next place
Is iL* act 10 authorize The CORPORATION OF
Washington 30 raise money in aid Of her cor.
pOraie tuhds TO he regarded d. a national aci
lTmbta? W w
l'iN scarcely necessary TO state that the Fe.
dei"i ConsiithiIon was adopted for Ihe pur
poses OF common or national interest and " nh
tne solitary ~ "pii9n If il he such of ,ht
iu'" aructe or tht SIN section, 10 be exclusively
occupied with these great interests ami ~,
70 lhteTfere IN local OF municipal Concerns.
lhe exception. however appears to me oniv
apparent. aud l think examination il vii,
~ ion"u, that Congress IN Iegislaiiu. excIn
SiVeiy Tor the District OF Columbia. acis n,
cdPaclty, aud with powers and urder re-,
StrclIunS, entirely different from those wbich
belOns or are incident 10 Tho n,,in,,a, T ~"
iatuIe. '"''@
Peihdps better node OF ascertaininy the
tFue meaning OF this important instrument is
ny consulting its genius aud history, instead Of
SuD)sctIng II TO the narrow and arbitrary rnIe of
techncal interpretation. Tie sense of such a
compact IS not 10 be determined bS criiiraifV
investigating The meaning of particular wurds
an" pnIases. beioTe lis adoption, we could
nut WIN propliety IRE Called nation The
STATES exhibited the spectacle OF inirteen
distinct Sovereigniies. Europe with her Cnn.
giesS OF vienna, might with almost a, ,uvrI,
JuSlce nave been called d nation IA The stsIec
u'.der The cid articles OF confederation. WLe.
ther our general, or as ii is called our uatiouai
government, owed its existence 10 thr nonnIs
OF Tie United States, TO tie states IL iI,rrir
corporate Capacity, or to both l .haII moi sion
W e"p"'F- bht certain u is, that in couse.
qutHce Of It's establishment The stAtps fron,
being originally Inde PEND ent of each ofler
auu sovereign, were deprived of the moSt i'm
poitant Attributes Of that soyereignly. and Al
the very same moment the general government
was Invested with powefs precisely si5ujLi,, IN
those which had been 80 lost whether tbay
are exactly the same I shall NOT pretend 10
say. consolation, however yas offered 10
the states by 40" solemn assurance. that bv this
s"'T"-rie! they ReTe o,1S mole perfrciiV CO.
chfed H those rigiiS Which had NOT been s,,yrfo
dercd. w. O''" S"f'"
INC tears Of those who trembled for the 70.
i" ',"'g 'IEulspl STAT soVeteignty,w ere ttupht
~ Oe aitayeu ON assurances that the Dn,ye,s Of
Tue eenff a. OF rational 2 'vetnmrut WIRE len,
d"a pFcYtc Is object was ihe cou,non de-
le".'' Tue preservation ut %, q. . and havtucuv
ahu leSbldilD' u IntetcOuI.p bptweeu the dif
iefeNt states, 20 pfedeGt formidable uat.ouaI
hPpPdfdnce IN oar foreign re tatio,,s in a snord
l,.d' u vas 10 DC exclusively occupied i'm afFlirs
" c'hhrh or national interest, while ali mr.
F'hoI domestic municipal legislation ,grrs IoJ,
70 lt "i"its, 9TH The exception o: The d;strirt
W ~ SCI apart "a the seat OF eoverun,p ov.r
" ','h t"u%Tess Vas 10 exercise the Sam k,,d
W i'Gisldu0n as IL exercised d, The Stars
W''"f lhFlI territorial limits ComrarrA g In !
,hr gear ObJecis 90 he Accommodated nv tho |
t"tlai compact The mere providing soii.Lle |
p''ce ioT The Different branches Of The Ma. /
y. '4' Jo'einnent 10 mble or reside W.
OF small Importance IN nlc etes of thoge bv /
"hu" VI vas adODied and in placing such d., |
i'ltt OeyOnh the legislative eutrol ~ anv mar I
'Nuld' -tdle o. staies, 10 coHld never have been
1'u's'"eu that power vas thus given so Con !
49, :" .coutrol the states IN the Legitimate /
sPh'if on their legislation II couId ncvor |
NV Oseh supposed that not nuly on The bieher
@"'pNtF" OF sovereignty WFte resigned to 10 (
E'"c'ti government bgt tliat even the r, T,faiI-
~ Pe~ sis OF the states were liable 10 be ION.
.'s'' "nl AT pleasure ,by the right o. Conures, /
.tt'0s'es regulation over the District of c.
} he states did not pert With the briubtes,
j. o. sofercigniy without reluctance. nor
H"u"' conviction that the step was ueces-
sfl5 70 aVoiI greater evils than were then suf- |
''@"; put 10 TIE great majority OF The Ame~