Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-09-19
RICHMOND. SEPTEMBER Io. Is90


Nv
federal usurpation; but under Caror we saw il
never have we seen one attempted on sncl
uimsy grounds, az the Immunity claimed fai
The District Lottery in the opinion of the IL G
lawyers. III we should he surprised to see five
welghty names attached TO such a paper. we
are siiil more so TO see Que of them because
we know the stern good old principles OF the
republican party by which that gentleman Ina :
oeen actnated He has surely not given the
subject that consideration which il deserves
Aud yet after all, does not il almost lie i'm a
nntsheiis Congress is to have" erciusire Ieyis
latioD" over the District of Columbia as veil
AS the u ). forts, magazines, &c.-What does
this mean 1-That Congress shall legislate ior
them, eectustreiy OF any state q; but not tina {
they shall 20 farther, and legisiate thro' them
upon any state. As was clearly said by Mr.
r. ndleton in the Va. Conventions; Whatthen
u the power! Ii ~ that Congress shall excIu-
sVely leeislate there, IN order 10 preserve the
ponce OF the place, aud their own personal
inuepend' nee /; that they may not lie over,
awed or insul:ed /; and of course 10 preserve
mem IN opposition 10 any attempt by the state
"nere II shall be. This is the fair construction.
suppose thty were contrary to the sense OF
theIr constituents, to rant exclusive privileges
To citizens residing Uithin that place, &c il
could have no operation with0ut The limits Of
that district. Were Congress TO make law
granting them exclusive % yleu q of fra dinO
{ the f. Indies, ( could have ITO effect Ihe
moment ~ would 20 without that place For
their ercins7re p0irer as confined 10 that district
re they 10 pass such law, il wouid be nu-
saiory, &c In truth, then, Congress, though
elected by the nation, are qu0ad hoe but mu.
nIcipal legislature iorlocal purposes. They have
IN tact no more power IN relation to the lOcat
affairs of the District, than il they were mn.
nicipa legislature appointed by the people of
Tue District Ihey eau no more make laws for
Tue states while acting in this character, than
me states can make laws for the Disirict....
They are both exclusive of each other.
These gentlemen, however, expect To settle
the question hy name. The magical term
national Is, like AarOn's rod, to swallow up
every thing. This is a national ciiy: governed
by national legislature; WHO authorize a nd-
ttondI lottery, Tor national purposes. How tar
VIII these gentlemen go! - Congress have
right (they say,) 10 Judge of the prOper means
of improving The seat of govermmtn MI 4; they.
have The power of raising those means bv any
law not JOrb'ddeH by the constitution" &c.
Well, Congress 10 of opinion that a bauk an
univ @rsity, an East India company, IA hundred
other institutions may improve the seat VI gov
erHment DO they become at once ndtionaI?
national bauk, Il national universiIv &c &c
whose march is through the nniom"-and who
'hi un The hands OF the states aud of the
people wall gentlemen go 10 these absurd
aud alarming eNtremities viii they extend
the same doctrine TO forts, docks. &c. True,
tonsreSS Is elected by The mutton but
then over, III the estab. shment or these
local institutions, is purely iOcu. is
District Bank, District Uni,ersitv, Dis
Congress 10 rals" those means by law not
Jo'biddea,' this is begging the queslion-these
gentiemenare first 10 prove, that the power is
granted that the word - ercisSire' does gire
them thiS power 0cer the stdteS 1t is not what
is not forbidden, but what Is granted, that con-
stituies the criterion OF federal power. We
throw out these ideas, but they are perhaps
nnnecessary-the subject being so well han
died III the following Essay:
FOR THE ENQUIRER
,
attention, that perused in recent num-
Der OF The Enquirer, The opiaion of sever
al distinguished members Of the bar, IN.
on all Important subject of constitutional
law.
BY AN act of Congress, power is given
10 The corporation OF tue city Of Wash
Ingi0n. to create lotteries under certain
restrictions, fnr etfecting improvements
in that ciiy. Lotteries have been estab-
lished under The sanction of that autho-
MY, for objects contemplated by lie
law.
Have the legislatures of The individual
sia,es, power by any law which they can
pass, 10 prohibit the sale Of The tickets il.
the lotteries thus established 2"
An opinion supported 10y the combined
authority OF such pbalanx of protest..
DUAL ability, az il is cOnfessedy calcula.
ted TO awaken The highest interest, so il
cannot fail 10 command orr respect. But
whilst we pay with cbeerfulmess TINS ir-
butte 10 superior talents, lei us not be
charged with presumption for entertaining
different seDilmeDts upon subject so
momenious in lis nature.
II is my clear and decided opinion that
the state legislatures do possess The pow
er OF prohibiting The sale Of tickets issued
III The District OF Columbia, under The au.
iiorily of an act of Congress.
The power OF legislation within lis Ter.
ritoflai limits. is All inherent branch of
sovereignty, enjoyed by every indepen-
deni state.
tbs general power of legislation does
unquesiionably extend TO the regulation
OF loil.ries Tie uncontrolled admission
OF WHICH, experience has shewn may be
productive OF The most peTniciOus conse.
quenceS TO society, aud under tie best
regulation are believed bv many persons
Ia possess a most dPmOfaliZing tendency.
right 10 restrain The establishment Of
lotteries necessarily includes the power oil
regulating The circulation of tickets either
OF foreign or domestic origin nor has
this power ever been denied or question
ed. uniIl now, since the adoption of the
federal constitution, and The states have
frequently | believe, claimed and exer
clsed the power OF restraining the circu-
lailon OF tickets, by imposing a tax upon
The sale OF them. Since then, lotteries
are in general legitimate objects of egis-
lallon, il Is difficult 10 conceive how the
lottery tickets III question, can claim AN
exemption from the controlling and re-
slraiulng pOSer Of lie state governments
IN their local legislatures. The enjoy
m6nt OF such unusual immuniiies, must
arise from something peculiar in their
origin, or anomalous in their character.
Upon what principle are they supq osed
TO constitute an exception 10 the general
rule upon this subject Their exemption
La hanrl aLIn tnI.lnI ~ o.. .