Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-09-29

thS pOWCi poS"
sessed by Congress over The district,
woul dstand precisely upon the same foot
ing with that which u possesses through
out the UnoD.-But upon what pruci-
Piles OF reasoning this circumstance can
warrant the conclusion, that the clause
alluded 10 has delegated a power unlimii-
ed IN lis operation,-it 10 difficult, TO con
ceve.-ThIs assertion stands unsupport-
cd by, even the shadow of proof. II can
therefore only be necessary 10 refer 10 the
clause itself, 10 prove Thar the assertion is
uniounded and Unienable. 1t may be
granted ibal The power Of Congress over
The District, having emanated from The
same source with all other powers pos
sesscd by The general governments. should
he equally binding III its effects but
this concession can only be admitted with
the proviso, that the consequences of the
exercise of said power, do not come iuto
contact with those constitutional metes
aud bounds which have designated to The
general and state governments, their res
pecive spheres OF action. Ii il true in
deed, that the good or bad effects of a
law, may be fell beyond the territorial
jurisdiction OF The legislature which en-
acted il--as has already hceen exempt
fed III the numerous baukiu; institutions
and lotteries, which have been establish
ed IN yafieus parts OF the CniDn; the
pernlcious Influence OF which has moi
been confined 10 lhc states " hiG!i gave them
their existence. but The reason Why This
influence has heen so extensively fcit and
acknowledged, is because il has not been
sufficiently counieracied on the part of
any of The states, by such prohibiiory le
gisiaivs provisions, as they had the right
10 eUatt.
The case OF bank established in the
District tynnlI ~ m IN Ia Ao.alnuOuS
III lis efectsio that oil the lotteries iusi
under orr consideration. ii has been
observed That The interference on The part
OF an Individual state wiil, The sale OF lot
tery ticket, might impair that " sacab.e
and transferable IA u!iy to which IL owes
lis value" |, is also True, that Legislative
in,erpoSilion on the part al y state, might
impair within She limits OF lis jurisdiction,
the Hegoiab!c qualify Of the District
Bank notes, aud have a tendency to cur
tail their currency. 1t might have occur
red during the mania for Ranks-whcn
they were regarded as Il kind oipana ca
That The corporation Of the city of Wash
ington might have contemplated great
improvements by ,neaus OF the accommo-
daiioa which bank could afford Con-
grrss might have authorize! the corpora
trun 10 establish bauk, upon certain
conditions, for the purpose OF eHccling
these important objects. a hank thus cs-
tablished. Tor the avOwe,! purposes OF The
Corporation OF he City of Washington,
would according 10 the reasoning OF The
Opinion, be national in lis object. 1t
couli "kn0w no geographical impedi.
meDts." -" lis march musi he through tie
Union, or il is nothing but name. - / he
legislature OF an individual slate, for.
souih, would mol be a; liberty 10 enact
that the notes OF such bauii (hewe,er
low might be ihcir credit should not be
received Ia payment OF slate taxes. Such
law might impair Their transferable
quality might have a tendency 10 bring
their credit Into d!sTepute ;-night cause
run upon The bank ;-aud impair lis
ability to afford that accommodation 10
tle Corporation, from inch such beneti-
cial elects were anticipated. l. mol The
analogy between these iw, cases very OBJ.
yions And are moi the consequences 10
which the reasoning oil Ibis Opinion would
lead u.s. as absurd III the one case as in
the other
II Is nOt necessary at this time 70 ell.
ter into a formal discussion If the right of
Congress 10 establish nafionat lottery,
though HE coGsiliniionaiily OF such d
measure may be considered to sand very
nearly upon The same ground with The
cOBstltuiioraliiy Of Ike law which incor-
y.
But II may not be improper to observe,
that The government OF tie u. States, is
government OF enumerated powers, a
m0Og which we DO not discover The gran,
OF auy such power: that as mean TO
carry into effect any of The delegated
powers the " necessity" of such a measure
mas never been asserted, and would most
assuredly be very difficult TO establish
that lis propriety" must at least he very
questionable with all who would depre-
cafe the effects OF legaIized gambling
aud that, by very important, tho lately
inucii desplSed aMvndmpDi 10 The constr
tIiion, II Is expressly DE- Jared, that " all
powers not delegated by that instrument
10 the U. S., nor prohibited by il TO the
states, are reserved 10 tie states respec
lively or to HE people" These are among
rie leading and most hackneyrd, Uhough
not less i0rciblt) arguments which alishl
be afrayed against this aud all other mca-
sures whose claims 10 cOnsiiiutionaliiv are
40 better founded.
OmilliDg, for The present, any farther
discussion OF tie right of Congress to es-
tabIlsh directly a national lottery, which
can kpow no locality within the bounds
of the Union"-ii will no doubt be admit
ted that they certainly have not the right
TO do indirectly, what they are not al lib
ery 10 do directly. But allowing, Tor the
sake OF argument. that their right 10 es-
tabilsh natioaai lottery mot a lottery for
tie district bP updispmed-let us enquire
INTO the claims which they possess Of do
ing ~ indiTectiy
1t may certainly he considered as We
~ questionable point, wheLhcr Congress
lave the right TO delegate any disere-
ilonary legislative powers 10 tie Prrsi-
deui, either as constituting the Executive