Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-04-10


er trust, which could not b. transfer
rcd had thought il an axiom, thai
Dcf'gatns non protest. deiegare. II this car
oe exercised by suhsiiiulion, other Iegis'
ia'lve powers can also. wuulf then en-.
Ioire. whether ia execution of the pBwcr
10 iay aud collect faxes" TO declare
war, &c. congress could authorize he
state legislatures 10 do these things. But
| VIII moi pursue this view further. as |
contend that i; IL msnomrr. 10 call by
tue name of a law IF The Uuiied STATES.
any act passed for he Disteic, of Column
b'a, though enacted by Congress, with
ont calling in the aid of corporation.
10 shew this, ask The attention of The
court TO some general principles.
Ill has bcen well observed. by form err
member OF this court, that every citizen
IN the Cnlted States, snstains Two fold
poii'icai character, one IN relation tn the
federai. tiie other IN relation 10 the State
governments. To put the proposition
IN other words, II may be stated thss. a
two,told system of legislation peryades
The United States; the one of which
viii call Federal, the other municipal. The
htst belongs by the constitution OF the
| U. ). to Cougrass, aud consists of the
| powers OF war, peace, commerce, nego-
oia,ions aud those general powers which
MAKE up onr internal relations, together
WIN few powers of an internal kind.
WHICH require uniformity ia their opera
ton: The second belongs 10 the states.
aud consists of whatever ia not inc,uJed
In the hrsi. embracing particularly every
'hing connected wiih The internal police
ana economy OF the several states. If
inns system Esew no exception in its
| cpciation, The present question would
herer have arisen for, no mau would
ever dream OF calling Lac of Virglnia or
| maryland, law et the United States.
Dui there are certain portions of terri
| ,ory witilin The United States, of which
the District OF Columbia is one in wh;cl
mere IS no Stale government to act in
| relation 10 these, Congress, bv the con
stiuiion, exercise not only Federal bui
municipal legislation also and AS | tLinl,
that the whole difficulty in this cas-, bas
| arisen ont OF ihis blending Together Of
TWO Different kinds of Legislative mower,
! so, 'ha' difficulty will be removed by a
careful attention TO Tie difference in iLe
uaiufe and character of these noyers
aud Inc extent OF their operation respec.
lively. Whenever a question arises whe
,het Law passed by Congress is a Law
of The United StsIes, we have ouly 10
enquire wb' tler II is corsiituiioIallv
passed IN exc. ution eff any of the Federal
powers: 1t II be, il is properly law OF
the United States since, Tie Fedora,
powers are co-rXiensire With The limits nf
/ the Ohiieu States (; aud this, though the
particular ac', may b. cOuiined 10 ce,iaiu
persons, places or things. Thus, a sw
e"doiishins Federal courts in a partcu-
,af stare, Is law OF lie U. States Tor
'6oHSh ITS Immediate operation is unon
Ia IN
er. co extensive with The u. States: but
u law, though pasted by CONGRESS-. he
passed, In execution of a muuicipal now
er. as law 10 pave The streets of WASH
ington, then II cannot, in any prDprietv
oil language, be called law OF lie United
Slafes. hold IL 10 be an axiom in no.
MUGS, tgat legislative power has no ope-
ramon, beyond the territorial limits. I'm.
ger lis authority. | no nj now sDesL of
The dociriue OF The ier lori OF that conf
iy, by which The different STATES oi ,he
civilized world, receive the laws OF Others.
as governing IN certain cases Ofcoulraci.
or questions OF d civil na,ure. | sueak
OF lie Intrinsic energy OF The legislative
| power lis operation per Sc.
II this principle be true, is there any
| thing III tins case to impair lis force Il
is admitted on all hands, Tia, this law
was passed III virtue of The power given
| by The constitution 10 exercise exclusive
| legislation, over such district mol exceed
ing Ten miles square, as Should bccumr
the seat OF the federal government. If We
look INTO The history OF the country, The
Debates OF The Conventiops, or Ihs deCia-
ration OF the FedeTalisi, we shall alike
arrive at the conclusion, that This power
vas given III consequence oil an incident
which had occurred in Philadeiphia, and
The necessity which thence seemed 10 re.
sun, OF congress celebrating uBinterrupi
ed aud uuawed. The motive then for
granting ihis power, would DOT lead to an
extension OF It; sill less will the terms .
for, they are as restrictive as could bv
possibility be used. The district sinai
not exceed len mlles square, and as was
argued III the Convention of Vnginie. M
not exceed one mile SO far from tht
priueIple beng Impaired tbeU, ii is greatly
strengthened by the language Of Hi:
provision. See 10 what consequences wt
should BE- led by Tie doctrine, that be-,
cause ihIs lottery VA authorized BY Cor
gress, therefore, The tickets might be SOLE
~ any s.ate, against lis laws, Will inipu.
nUys Ibe same charter authorizes ibt
corporation Of Washington to grant iicep
se5 10 anciioneeTs and retailers sf suiti,,
uous liquors now, upou The doctrine:
cODlended for, what will binder the cor
porallon from granting licenses TO per
sons TO veDd goods aud liquors ia Vrei
MA by corporation license, cOpirsrv IL
Tie laws Of Virginia aud thus greatly
impbIr The TevPDue, WHICH Tie state raises
from these Licenses az il ia said. Thai ,
shIeable quality is Of the essence, ant
constitutes the only value Of loiteg,
ticket, and ttai therefore il 10 not coa,pe
le0i 10 any state 10 abridge Tie valnr o
HAT, which was rigbfulIy created by th