Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1822-03-07

latter clause OF Tue SeCsUt scClVu VI 'iS
second article oil the constitution declares
that "the president shall hove pouer to hll
up all vacancies that may happen during
the recess of the senate, by granting com
missions which shall expire at the end OF
their next session." suppose vacancy
to take place during lie recess of the Sc
nate On the bench the supreme court,
& the president should during the recess OF
the senate make an appointment and dell
yer the commission, would the President
under the words she shall hare po1ver, ''be
authorised to recall the commission before
the next session of the senate? Surely
not.
In the 9th paragraph of the Sd section
Of the first article of the constitution. It IS
declared "the senate shall haze the sole
pa7e ;otry al impeachments' Suppose the
House of Represen lives prefer articles
Of impeachment against an officer OF 60
vernment. who it ullty, could be pro.
ceeded against by Impeachment, can the
senate refuse to proceed in the trial, and
excuse themselves by saying they have
discretion whether they will try the party
or not? In Ry opinion The terms shall
haze the sole pozusr to try all ampeach-
nsents" are imperative upon The senate
Again Congress "shaA haze poegsr to de-
clare the punishment of treason'-lt can
not be fairly contended that congress is
not bound TO declare the punishment OF
treason, although congress may from time
to time change the punishment; yet they
are bound by law to provide some punish
nient for ithis offence. So may congress
from time to time change the laws of the
District, but congress must continue to le-
gisIate for it.
In the 18th article there is a clause on
which some rely for the power of congress
to recede any portion Of the District OF
Columbia. 1t is this-That congress
snail have power to dispose of and make
all needfui rules and regulations respect
ing the territory or other property belong
ing 20 the United States"--This clause APP
plies exclusively to the western lands
The power of disposing OF them is meant
TO sell to individuals, as the terms "other
property" shsw: The proviso in favour
of the claims of the United States also il.
illustrates this prinsiple. This clause proves
that even the property Of the u. States
could not be disposed of by Congress
without an express authority given by the
constitution.
10 that part OF the constitution which
relates to the seat OF government, no poU-
sr is given to congressto recsde or dispose
of any portion Of it. The people OF the
United States most wisely have withheld
this power. If it had been given it might
have been temptation to change the seat
OF government. If it had been given. it
would have been an express contradiction
to the aUowed intention of the people that
there should be permanent seat of the 60
vernment.
II is aledged that in the same clause
which provides for theexclusive legislation
,ver the seat of government. The like
a ithority is given over forts, arsenals, dock
yards, &c. aad therefore, if Congress can
not recede any part of the District, they
cannot restore any place purchased for the
erection of forts, &c. There is wide
vernment forts, &c. it is 20 be remarked
that the seat OF the government is to be
acquired by a cesston from state or states
f. tie permanent purpose OF the govern
mrnl meeting at. Whereas places for forts,
dock yards, &c. are to be purchased from
the owners of the soil and thereby become
the property of the Unten States; & like
any ,ih,r pro perty may be disposed OF by
the government. by sale or douation.
lfCongress can recede Alexandria, then
the whole dis,ric, may be receded there
is nothing in the constitution which per-
mts part and not the whole 10 be reced-
edit the whole can be receded Congress
may remove the ssat Of government, allho'
the people OF tue United States in their
constitution have intended that it shall be
permanently fixed, and although the Dis
trict was ceded and accepted as the per-
manent seat of the government. But it
may be alIedged, as it has been, that the
constitution does not require it should be
ten miles square. 1t is true il when the
place was fixed en-, less quantity of
ground had been accepted by congress
for that purpose, the terms of the consti-
tuition would have been satisfied but hav-
ing accepted territory to the zhole extent
allowed by the constitution; the whole be-
came the permanent seat of the govern
ment. Ii is plaia then, that Congress cam
not part with one acre Of the ten miles
square, even admitting that there was a
discretion vested in Congress, whether
they would fix on the permanent sea, of
the government. The power having been
executed. Congress cannot now undo what
they have done any more than they can
exclude new state from the Union after
it has been admitted. By the words Of
that clause of the constitution relating TO
the admission OF new states there is dis
cretion given to congress whether they
,u;iI admit q na,u statn The 1znrds ~ O