The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1824-04-05

4 u VIII De seen DIV tnoSc VINO nave atteD>
ded 10 what have already said, that the
whole of his errors may be traced to his
miscoDc option ofthe source. from whence
the powers of congress I'm relation to the
seat of government are derived. He
looks for them; TO the clause, giving Ia
the national legislature "exclusiye juris-
dic,ioD" over The seat of government ,
whereas a fair rule constitutional con-
struction, would derive them from the
authority vested in congress, "of passing
The laws necessary and proper" for exc
cutting dae various powers of the govern.
Lmcp,s
But even admitting the premises thar
have been laid down, do they authorize
the inference drawn Sfom .hemf The,
same clause which authorizes congress-
to "exercise exclusive Legislation, in all
cases whatsoever, over such district fnot
exceeding ten miles square) as may, Sy
cessioD of particular states, and the ac-
ceptance of congress, become the seat
OF government Of the u. States" en-
powers it also "to exercise like authority
over all places, purchased by the consent
OF The Legislature of the state, in which
the same shall be, for The erection of
forts, magazines arsenals, dock Yards,
and other needful buildings.n Now If
the FIRST part Of this clause imposes an
obligation, to continue the seat OF GO
vernmeDt, for ever, in the place in which
1t was first located, the second part is
equally Imperative as to the continuance
OF forts, arsenals, &c. according 10
their first location. If an assumption of
jurisdiction under the former authority
be an execution Of the trust, which Il
gives, and an absence of the power, to
abandon 1t negation of the power, then
an assumption of Jurisdiction over forts,
afsenals, sc. must likewise be an execu.
tion OF the trust, in relation to them
and the absence of a power to discontinue
them, must also be a negation Of the
power. But have never yet hearo,tbat
the widest advocates Of ate territorial
righis, had denled to the general govern,
men',the authority to change the location
OF Its forts and arsenals, whenever the
interests OF the country should require il.
And leave 1t to the candid reader. TO
say. whether an admission of such DOW
er IN relation to them, does net necessa-
rily involve an admission of similar.
power, IN relation to the seat of govern
ment.
In the third section of the 9TH article.
it is declared "ihat congress shall have
power 10 dispose OF, and make all need
iui rules and regulations respecting the
territory or other property, belonging to
the U. States /" And theiterm "terTifory'a>
is supposed "to apply exclusively to the
western lands" That this superstition
is entirely without foundation, will apr
pear as well from the meaning of the
terms employed, as from the constant
and uniform Interpretation, which con.
gress has given them O4vnershi,, is the
only authority that applies technically to
!and and troherty. But territory always
implies Jurisdiction. Land may be
bought and sold, and yet no Jurisdictions
accompany it. But cession of tey7itoyy
is always transfer of jurisdiction. Ter
T'foTy, therefore, is not only a more
comprehensive term than either land or
property, but is, in many respects, total
" different from both, in its meaning
And such appears TO have been the uni.
form Interpretation of congress For
not only has it under its authority mto
dispose of the property Of the U. States.I
continued from time to time, to sell the
public lands, but il has also gone ON u,o
make the needful rules and regulations
respecting the territory Of the u. States.''
by providing for it, in every part of the
union, soitsble and necessary govern.
ments. think, therefore, am Warran>
ted in saying, that If under this part OF
the constitution, congress can, by dispos;
ing OF the lands" on which its forts and
arsenais are erected, rid itself of its sup
posed obligation TO exercise exclusive
legislation over them; it NAV on the
same authority, by "disposing Of the
whole, or any part OF the ,erritofy''which
constitutes the seat Of government, and
OF course "belongs 10 the u. States,T
diyest itself OF similar obligation in
relation to it.
Thus then, sirs il would seem; that b.
whatever rule, the constitution may be
construed, and from whatever source.
the powers Of congress in relation 10 I'm
seat OF government. may be derived. mo
such difficulty, as has been imagined.
exists. HAMII.T3H
Richmond flour is said ts be peelerrsd
o Philadelphia in the Brazils, owing 10