Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1822-03-20

as may, Dy CesSf0n OF paFuCuisI ststsss
and the acce ptsnce OF congress. become
the sea, OF government osthesU. States. "
Avery slight atientionto the phraseology,
oil this clause. will satisfy anf impartial
mind. that il is was nut designed eitherto
give to. 20 lake away from, or in any MAN.
ner TO impair in congress, its power, de
rived from the source, already pointedou
of locating the seat o. government. &C
cording 10 is own discretion, II sole OBJ
iect. obviously is, tegiye to the ieg,sIa-
ture of the nation, The power, when II
would no, otherwise have had, Of exercIs-
ins over the capital of the country. "ex,
elusive legislation, in all cases, Wnatso'
ever" From lis simple reference however
TO the manner. in which the seat nt 60
yernment is to be constituted, one OF your!
correspondent; has deducted an 'obhgation
ON the part oil congress, not only to erer.
else it's power OF exclusive legislatIon'
but to exercise it forever over the same
spot.
] confess l. do not very distinctly see the
precise bearing of the first part OF this
proposition, on the question under consi'
deration: tor even it were conceded that
the authority given to exercise exclusive
legislation, imposed positive obligation
as to its exercise. 1t is evident that Inc 90.
ligstion would be completely fulfilled by
its exercise over the seat OF government,
wherever it might be, whether IN It's orIgi-
nal situation, or removed to some more
convenient and eligible spot. But 1t Is
possible, that there may be more III this
suggestion than meets the eye. II is pos
sible. that it may be designed to authorize
some important inference, which has not
yet been drawn. 1t is better, therefore,
that it should receive, at once, the refuta-
ton to which its palpably erroneous cha
racter exposes it.
The meaning and "fair import" OF the
words, congress shall have power, &c.
certainly is, that congress may il j. please
exercise the authority given. They un-
questIonably impose no constitutional obIs
cation TO exercise il, at all hazards, and
under all circumstances. To congress,
for instance, is given the power TO Dor:
row money, on the credit OF the United
Sta,es," "to establish an uniform rule OF
naturalization, and uniform laws on the
subject OF bankruptcies, throughout the
U. States" to declare war " TO raise
and support armies,'- AND "to provide and
maintain navies.'' 1t surely will not be
commended, that Congress is bound to excr
else all among one of their powers, with
out inquirine into the expedIency and the
propr,s of doing so. Its practice al all
events has been different: for from the
commencement OF the government to the
present day, no standard OF rights ana
measures has been fixed; and the house OF
Representatives has but just decided after
an ardent and prolracted debate, against
the policy of exercising at this time the
power which belongs to it. "of establish
ing an uniform rule OF bankruptcies, thro'-
out the United States"
Nor can it be said, with any sort of pro.
priety, that the meaning have assigned
to these expressions, ''is not in accordance
with the policy and intention" of the par
tcular provision now under consideration;
for there are at this very time, no less than
three distinct corporations, exercising I'M
portant legislative powers, within those
limits, over which, according to the inter
probation of your correspondent, congress
is bound to exercise exclusive legislation,
in all cases whatsoever" Need say
more 70 prove that simple power TO act,
necessarily implies discretion, whether
to act or not?
come now, sir. TO that part Of the ar.
gument of your correspondent, whose OBJ
ject it is. 10 prove that the seat OF govern
ment being once fixed, there is no power
known to the constitution, by which it can
be removed The absence of an cypress
authority to give back the erritory tina:
has been coded by particular states, |
think ] have already demonstrated, fur
nishes no evidence, that the authority does
not exist. If on the contrary it be not er-
pressly withheld, it may be exercised
whenever it shall appear 10 be necessary
TO the whole .ome and beneficial operation
of the government. confess, however,
that il the declaration, SO frequently, and
so emphatlcally made by your. correspon-
dent, be correct, that the people OF the
u. States, by their representatives. IN the
general and state conventions, deemed II
right, and avowed their intention, that con-
gress seouId FIX Upon permanent seat OF
the question is settled, and
the necessity for further discussion IS at
an end. But have sought in vain, tor the
authority on which this declaration has
been made have examined the consti-
tuition, but it is not there; Ihave searched
the records Of the times, but ii has still e.
luded my grasp, and am compelled at
length to consider il as existing only in the
misguided imagination Of an Alexandra
an"
Passing this declaration by then as who'll
ly IN ,uthorized, let us look to the argu-
mems OF your correspondent in support OF
position he has assumed, 1t will be seen
by those who have attended to what have