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

in tEe place, ip which. II was. 6Fst ioc4 tea i
the second part Is equally imperative, as
to the continuance Of forts, arsenalss 9c.5
according to their first location, II an as.
sumption Of Jurisdiction under the former
authority be an execution OF the trust,
whichit gives, and an absence of the pow
or; then an assumption of jurisdiction over
forts, arsenals &c. must likewise be an ex-
ecution OF the trust. in relation to them;
and the absence of powert0 discontinue
them, must also be Eegation OF the pow
er. But l have never yet heard, that the
widest advocates of territorial rights, had
denied to the general government. the az
| thority to change the location OF its forts
and arsenals, whenever the interests Of
the country should require it. And leave
it to the candid reader, to say, whether
an admission of sucha power IN relation
| to them, does not necessarily involve an
admission of a similar power. in relation
to the seat Of government
| Aware of this difficulty your cores
pondent has endsayored to avoid it, by
drawing very nice distinction between
property bought, and territory. obtained
lbu cess,on. Over the former, ne thinks
that congress may, under another part OF
| the constitution, exercise power, which
| il is, no where, authorized to exercise over
the latter. In the third section OF the 4tn
article, it 10 declared "that congress Snail
have power to dispose OF, and make all
needtul rules and regulations respecting
the territory or other property, belonging
to the United States . And the term
"territory' here. is supposed ITO apply
exclusively to the western lands That
this supposition Is entirely without founda-
ton, will appear as well from the mean
ing of the terms employed. as from the
constant and'uniform Interpretation. which
congress has given them. Ownership is
the only authority that applies technically
to land and property. But territory al
ways implies jurisdtction. Land may 6e
bought and sold, and yet no jur,sdictson
accompany it. But cession Of territory,
| is alwas transfer of jurisdiction. Terri
toru therefore. is NOT only more compre-
bensve term than either land or property,
but is. in many respects, totally different
from both, IN its meaning. Aud such ap-
pears to have been the uniform interpreta-
ton of congress. For not only has it, un-
der its authority ito dispose OF the pro.
perry of the United States" continued
fromiiime to time. to sell the public lsnds,
but il has also gone on ito make the need
full rules and regulations, respecting tho
territory of the United States f" by. prov''
ding for it, in every part OF the Union,
suitable and necessary governments -
think, therefore, 1 am warranted in say
ing, that if under this paIt OF the const'tu-
ton, congress can, by "dfsposlng OF the
Iands," on which its for!s and arsenais are
erected, rid itself OF its supposed obllga-
ton TO exercise exclusive legislation over
them, il may on the same authority. by
"disposing Of the whole or any part cf the
territory" which constitutes the seat OF go-
vsrnment, and OF course "belongs to the
| United States" devest itself OF similar
obligation in relation to it.
| Thus then. sir, it would seem, that BY
whatever rule, the contribution may De
| construed, and from whatever source, the
power. of congress in relation to the seat
of government may be derived, no such
difficulty 40 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 asug-
gestion. that would very probably have
fallen by its ON weakness. ! had no. in
tended to have taken any part in the dis.
| cussion But none OF the able advocates
of retroeession seemed az yel'dspmed to
consider this branch OF the subject; and,
as a citizen of the u. S. | felt it due to
the constitution OF my country, to rescue it
from an imputatioD, which | knew it did
not deserve.