Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-14
RICHMOND. DECEMBER "A. 1870.
FOR THE ENQUIRER.
THE LOTTERY CASE No

figieaves to hide il /: and lawyers, priests,
and politicians, weave them into light or
darkness, to produce The intended effect,
rs painters do their colors. Ii is maxim
III the forum, in the pulpit, and with party
men, to plead for the cause aud hence
advocates Tor wrongs, az wellas for rights,
will for ever appear. The champions OF
error constantly attend the defenders Of
liberty, and every cause, however bad,
can obtain able counsel
BY this preliminary observation, do
not mean TO d.tract from the eminent
merits OF lawyers, which become more
conspicuous when they are exalted 10 The
bench ; but only 10 suggest, that coDvic-
tioh Is act AL absolute security against
error, 10 ucuiraze the influence OF The
great names subscribed 10 the opinion IN
The lottery case, and obtain AN impartial
heaIi0g Tor myself
iAs state oil nature is exposed 10 vio-
fence, a civil government is exposed 10
fraud and philosophers have imagined,
that the evils of both are SD nearly balau-
ced, as To rendcra preference OF little inn
poriance TO human happiness. However
this may be, our own experience unites
with that OF all civilized nations, 10 prove
that the tendency towards the corruption
OF tree governments, is concentrated in
pecuniary interest and that a nation,
blind to lis arls, must inevitably become
lis prey. The original sacrifice of The
great class ofpaper money holders to the
small class of certificate holders The in-
silutlnn oi banks, again enhancing these
certificates al tlic public expense, hv div.
idends OH them as bank stock The rapid
progress OF public extravaganza, so as daily
TO increase Inc subIcc,ion OF productive
Industry 10 idirneas the protecting duty
n niA nj
ton, al the expense of all others aud
initery tax np0n The whole UniGn, to enrich
AM embrlllsh single city: are prominent
proofs OF bias towards prcuniary par,i
ALLY, AMI ior cuiiva'ing the precise mode,
by which CiylliZ. naiipns are ensiaved
Ii Is objected thai a lottery is moi a lax.
because The purchase Of a H., kct is VOC
iuaiary act; but il aust be confessed
tiia' iti7a mode ct Ub;aiuIng revennp and
that Il Is impossible 10 obtain revenue
from the people, Without taxation. The
same doctrine has been used To quiet
mankind uaGer oppressive faxes uuon
consnmpiions, because by not consuming.
they may avoid the lax. nui lie federal
constitution las exploded II. by directing
that such taxes shall be uniurm. lhe
idea, that II lmiringcs The liberty Of the
people, 10 prevent them from buyinr lot
terry tickets, and that Congress oughi
Therefore 10 have power of imposing this
species ot lax, however nnequaliy borne.
Is one of those pcrversions oi lie word
Liberty" so oiIrn used 10 exicnd pawer
and intic; oppression
Whatever collects money from the ne
cessiiieS, the convenience, lie comforts.
or the follIes Of mankind i, iaxatiou aud
hence as Tie weird became enlightened. il
WAS plainly seen thai the sale OF indulgen
ces by the Pope of Rome, purchased vol =
unfairly lihe lottery tickets, was a iraudu-
rent TAX imposed upon folly, and impov
Crushing 10 nations Five learned bislons
might undoubtedly have been found n,
that t,me,wh could have conscicnii0usIy
certified. that This mode of coiIecilng
money from the people, was no tax, he.
cause II was voluntary: and that il would
deprive the subIeci of his liberty, 10 pres
vent him from purchasing papal tickets,
all OF whicwOuld draw priz-s, payable al,
The bank OF heaven, in something better
than paper.
With these principles in our mind. LEI
Us examine the opinion of the learned
lawyers. IL IL extracted from The following
clause OF the federal constitution :" Con.
gress shall have power 10 exercise
c1cf'tSare legislation az all cayeS vAafsocrc,.
over such district mot erceedino ten
miles square, as may by cesslou OF par
ttc"far states, and the acceptance of
Congress, become the scat oi govern
ment OF The United Static" The opinion
asserts, that III virtue OF these words
Congress NAV empower the corpora,ion
OF Washington 10 make lotteries tor The
benefit OF the city, and that no State can
prohibit the sale of The tickets within lis
own Territory.
II must be conceded, That the reason of
y law is The hest KEY fnr lis ro,s,,,,c,;o,
Ihc personal afriy and freedom OF Con-
gres:, suggested by an occurrence al PHI
iadclpha about the termination Of The re.
evolutionary war, and not the embellisI
ment ola city, WAS the reason upon which
Tins clause was founded. Now appeal 10
common sense 10 decide, whether there is
any connection between this reason, and
power III The corporation of Washington
10 taS Tie stat s, and whether il can fai,ly
produce ends never contemplated.
Let us see if The words Of The clause are
inconsistent with The reason by which If
was dictated. What is meant by exclusive
legislation e Certainty, a Iegi,alion ex.
GLIDING every other SPECIES OF legislation.
-Bni the construction adopted by the
learned counsel, substitutes the word in
ciusire Tor erclusiUc. According to il, the
meaning ct The lause is this. "Congress
shall have power 10 legislale Tor Tie ten
miles square. including power TO le
glsia'e Tor the whole Union, whenever
lhey may think u for the national be-
nrtil." But The exclusive legislation is
10 be over such district. A district excludes
the rest Of The country, Of which il is a
portion. lilo magnify a part into the
whole, and 10 change a very small sphere
INTO very large one, resembles a species
OF deSterity called iuCgIinp cf,en ,,,.,