The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1822-04-05

sive jurisdiction" over the seat OF GO |
yernnent; whereas fair rule of consti |
tutio0al construction, would derive them |
from the authority vested in congress, 'sof
passing the laws necessary and proper"
FOR executing the various powers OF the !
government.
But even admitting the premises that
have been laid down, do they authotize
the differences drawn from them The
same clause which authorizes congress
to "exercise exclusive legislation, in all
cases whatsoever, over such district (not
exceeding ten miles square) as may, by
cessioD OF particular states, and the ac-
ceptance of congress, become the seat
of government of the United States" en-
powers it also t'to exercise like authority
over all places, purchased by the con.
sent of the legislature of the state, in
which the same shall be, for the erection
Of forts, magazines. arsenals, dock>yards,
and other neediui buildings" Now il
the first part of this clause imposes an
obligation, to continue the seat of go
vcrnment, Tor ever, in the place which
II was FIRST located, the second part Is
| Set'ehy 'hiPSiohNNp 90 W tbC
o! forts, arscnals, sc. according to their
| first location. If an assumption Of juris-
diction under the former authority be an
execution of the trust, which it gives, and
an absence OF the power 10 abandon it be
negation of the power, then an assump.
ton OF jurisdiction over forts, arsenals,
Cc. must likewise be an execution Of the
trust, in relation TO them and the alb
sence OF power 10 discontinue them,
must also be nega,ion Of the power
But have never yet heard, that the wild
est advocates Of state territorial rights,
had denied TO the general government,
the authority TO change the location of
| Its forts and arsenals, whenever the inte-
rests OF the country should require it,
And leave it TO the candid reader, to
say, whether an admission of such pow.
er IN relation to them, does not necessa-
| rally involve an admission of similar
power, IN relation to the seat of govern.
meDt
Aware Of this difficulty your CORES.
Pondent has endeavored TO avoid it by
drawing very nice distinction between
PROPERTY bought and territory obtained by
ceSsion. Over the former he thinks
that congress may under another part of
the constitution, exercise a power, which
| II Is, no where authorized 10 exercise o.
yer the latter. In the third section of the
| 4th article, II is declared "that congress
shall have power to dispose of, and make
all needfnl rules and regulations re-
speeding the territory or other property,
belonging to the United States" And
the term "territory" here is supposed '.to
apply exclusively to the western lands"
j hat this supposition is entirely without
( foundation, will appear as well from the
meaning oil the terms employed, as from
The constant and uniform Interpretation,
which congress has given them. Ogyner.
neFshTi is the only authority that applies
technically to land and Property. But
territory always implies Jurisdiction. -
Land may be bought and sold, and yet nj,
jurisdiction accompany it. But cession
Of ferrHory is always transfer OF juris-
action. Territory, therefore, is not onI,
a more comprehensive term than either
lana or property, but is, in many respects,
totally different from both, in its mean.
ing. And such appears to have been
the uniform Interpretation OF congress-
For not only has it under its authority
"to dispose of the property of the United
States" continued from time to time. to
sell the public lands, but it has also gone
on "to make the Deedfui rules and re.
gulations, respecting the territory of the
United States" by providing for it, in c.
very part of the Union, suitable and ne.
cessary governments. think, there.
fore, am warranted in saying, that if
under this part of the constitution. con-
gress can, by sdisposiDg of the lands"
ON which its forts and arseDals are erect.
ed, rid itself of its supposed obligation to
exercise exclusive Legislation over them.
1t may on the same authority, by 'sdispos.
ing OF The whole, or any part oil the terri
tory" which constitutes the seat of on.
yernment, anc of course "belongs TO the
United States" divest itself of a similar
obligation in relation to it.
Thus then, sir, it would seem, that nv
whatever rule, the constitution NAV he
construed, and from whatever source, the
powers of congress in relation to the sea, |
OF government may be derived, no such
difficulty as has been imagined. EXISTS. |
And owe both to you and your readers. |
an apology, for having occupied so large |
portion OF your paper, in combating a |
sugges'ioD,that would very probably have |
ialleD by It's own weakness. | had M, ..