Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1824-04-01
hIR. SNowDEN;

Introduced to the people, have deemed
i. duly which owed TO them, 10 send
you Tor publication the 7ib number oil a
series OF papers, which were published a.
'bou, two years ago on this subject The
Que sent is that which treats OF the cons!i-
tutionality of The measure. BY accident
I met whit. When formerly read 1t, l
was convinced, by its able AMI mastery
argument. and reasoning, that Congress
could not recede any portion OF This Dis
trict to the s;ales Of Virginia or Maryland.
! a,p still OF the same opinion have 40
doubt that il will be read with pleasure
and instruction by the candid and dispas.
siosale. In my mind, il is conclusive on
the subject. hope the Editors Of the Ma
tional InlsIIigencer will re publish ii in
their paper. a
To the People Of .4lerdndrin County.
The mos, important inquiry arising out
eth plan of recpdlng Alexandra 10 Vr-
g,pia, IS, can Congress cousnulionaily
transfer the whole OF any part ot the DIS
tf,rl to any State, or can the State acctpI
the cession. Tue Cons tuition gives Con
yress the power to accept, but not iha
power to give back, the coded territory.
That clause OF the Constitution which
gives Congress the goSeInmel. OF the DIS,
trict, is as follows:
" The CONGRESS shall havc 'powsr ;o-ex
srcise exclusive legislation, IN all cases
whatsoever, over such District not -ex-
ceediug ten miiessquare,) as may, ny Cess
sion of particular States, aud The accep-
lance OF Congress. become the seat OF the
government oi the United States; and ex-
ercise like authority over all places pur.
chased by the consent OF The Legislature OF
the STATE in which The same shall be for
IN. erection OF forts, magazines, arsensls,
dock wards, an1 o;her needtul buildings "
It is 10 be observed here, that the whole
tan miles square forms the seat OF govern
ment: s. not merely that part OF It 10 which
the public buildings are particularly piac-
ed. The clause OF the Constitution above
Quoted, is imperative, that there shall be
a seal of government over which congress
is 10 exercise exclusive legislation u IS
not discretionary with Congress whether
they W i'll establish such one uCder their
sole and exclusive government, but they
are bound to do it. the people OF the U.
States, among whom were those who then
inhabited those sections Of the States OF
MARYLAND ani Virginia which form this
District, by their representative in the
General and State Conventions, deemed
il right that Congress should AK upon
place for the permanent seat OF the go
yerDue NJ, no. TO exceed ten miles square
an 4 that when tiyed upon, and coded bY
any State or States, aud accepted as the
seat Of the General Government, II should
be permanent one, AMI be under the &c
clusipe legislation OF Congress. Congress,
having done this, are bound by the words
OF the Constitution, 10 retain the 1vhotc OF
the ten miles sqraie tor the psrmaaca,
sea. Of the Government. Congress under
the Constitution, possesses no other power
nov over the District than that OF fsglstaf
ing for 10; they have no more power 10
soairdcI It's limits than they nave to srfenI
them. Ii may be contenied by so'se,
that the words the Congress shaH haze
power" are not mandatory, but that tney
leave It in the discretion OF Congress, IN
the first place, 10 6x on the PERMANENT
seat; and after they have done so, 1t IS
discretionary win then whether they VIII
continue to exercise exclusive legislation
over the whole, or any part o! the place
fixed on. THIS is neither the tair import o.
these words "shail have power" nor in
accordance with the policy aud intention
OF this provision OF the Constitution.
The 9Th section, which contains the
grant OF power IL Congress, commences
with the woris g The Congress shall have
power" to pertorn various duties, and ex-
ercise particular autholiiies-amoUg the
hrs, power given by this section, is' that
Congress shall have power TO lay aid
collect taxes, duties, &c to pay the debts
and provide for the common defence and
general welfare O, the United States"
VIM II be contendai that Congress is
not ,mperativsIy bound to pay the debts
and provide for the common defence and
general welfare Pit cannot be thought
by any rejecting person that they have
discretion on these subjects. Ii they have
not discretion on these subjects, then The
expression, ''sball have power" are aspo.
sitive and mandatory as It the words had
been, Congress shall pay the debts and
provide tor the common defence and ge-
neral welfare OF The United States. The
same section declares. Congress saa!l
haus pousr TO provide Tor the punishment
of certain crimes against the United States;
shali h1ve poser To establish tribunals in
terror TO the Supreme Court, and shall
hnvc pover 10 provide ior calling forth the
militia Id execute the laws OF the Union,
suppress insurreciiens, AMI repel inva-
sions
In all these instances, Congress are bound
to exercise the powers given ,hern. Wbe n tae
same section declares, that Congress shall
have power to exercise exclusive legisla-
ton. in all cases whatsoever, over such