Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1822-03-07
FOR THE GAZETTE.
To the People Of Alexandria County.

~
No. 7.
The most important enquiry arising out
Of the plan OF receding Alexandra to Vir-
GINA, is, can Congress constitulonally
transfer the whole or any part Of the Dis
trct to any state. or can the state accept
the cesson. The constitution gives con-
gress The power to accept, but not the
power to give back the coded territory.
Tia, clause of the constitution which
gives Congress the government OF the DIS.
trict, is a. follows:
"rbe Congress shall hove power to ex-
ercIse exclusive legislation IN all cases
| W whatsoever, over such District (not sx-
ceeding ten miles square) as may. by ces-
sion of particular states. and the accept
ance of Congress become the seat OF the
government of the United States and to
exercise like authority over all places pur-
chased by the consent of the legislature Of
| the state an Shich ,hc same shall be, for the
erection OF forts, magazines, arsenals.
dock yards. and other needtul buildings.
| 1t is to be observed here that the whole
ten miles square forms the seat Of govern
ment and not merely that part of il in which
the public buildings are particularly plac-
ed. The clause OF the constitution above
quoted is imperatpe, that there shall be a
seat of government over which Congress is
| TO exercise exclusive legislation; il is not
discretionary with Congress whether they
will establish such an one under their soc
| and exclusive government, but they are
| bound 10 dc il The people of the United
States, among whom were those who then
| inhabited those sections Ut the states
| of Maryland and Virginia, which form
this District, by their representatives
| in the general and state conventions, DEEM
| ed it right that congress should fix upon
| place Tor the permanent seat OF the GO
yernment, not to exceed ten miles square
| and that when fixed upon and teded by
any state or states and accepted as the seat
of The general government, 1t should be
permanent one and be under the eTciusue
legislation of Congress. Congress having
| done this are bound by the words of the
constitution to retain the aOhoie of the ten
miles square for the permanent seat "f
the Government. Congress under the
| constitution possesses no other power
no1v aver De- District than that ot Iegaslatsne
| for 1t; they have 10 more power to contract
! lis limits than they have TO ertend them.
| 1t may be commended by some, that the
words the Congress shall havs power" are
not mandatory, bot that they leave it in
| the discretion OF Congress 10 the 4 st place
! TO FIX on the permanent seat and alter they
! have done so, il Is Discretionary with them
whether they will continue 10 exercise eX-
| elusive legislation over the whole, OF any
| part oishe place fixed on. This is neither
the fair import Of these words "shaIl have
power" not in accordance with the policy
and intention OF this provision OF the con-
| s,itutiOn.
The 9Th section which contains the grant
| Of power to Congress, commences with
the words "the Congress shall have pow
4 err TO perform various duties and exercise
particular authorities; among the first pow
er given By this section, is, that Congress
shall have power to lay and collect taxes,
| du:ie.. &c. to pay the debts, and provide
| for the common defence and general wei
| fare Of the United States"
Will it be commended that Congress is
not smpsrGtiOsly bound to pay the debts
| aud provide for the common defence and
general welfare--it cannot be thought by
any rejecting person that they have dis
erection on these subjects--Ii they have not
discretion on these subjects then the ex-
| preston, ''shsll have power" are as posi-
tive and mandatory as il the words had
been Congress shall pay the debts and
provide for the common defence and gen
eral welfare OF The United Staiess.' The
same section declares, Congress shall
have po1ver 10 provide for the punishment
of certain crimes against The United States;
shall have power to establish tribunals in
| ferior 10 the supreme court, and shall haze
porver TO provide tor calling forth the mill
tia to execute the laws OF the Union, sup
press Instructions, and repel invasions
| la all these instances Congress are bound
| TO exercise the power given tbem-When
| the same section declares that Congress
shall hdve po1Uer 10 exercise exclusive le-
| glslation in all cases whatsoever, over such
a District as shall become the seat OF The
government Of the United States not ex-
ceedng ten miles square"-They wer.
bound to fix on the same-Having execut-
cuted the power by accepting a cession
from Maryland and Virginia OF territory to
the extent OF ten miles square, for the per-
manent seat Of the government, and hav-
! ing taken possession of it, and adopted a
government for the same, they have exc
| cuted The power vested in them. By the
| same clause of the constitution, Congress
| IS compelled TO continue to exercise erclu.
stpe legislation over the uhole District thus
accepted, %designated as the seat of the
government-There is nothing in the con-
shtution which gives to Congress the pow
er TO grant to any state or nation any por-
nf n Of rs A.