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

trict., thus acce pied, and designated as the
! leaf of the government. There is notbIog
in the Constitution 'which~givcs to Con-
Lgress The power 10 grant TO any Stale OF
nation. any portion OF the seat OF govern
men', without an express grant OF power
to this effect. they cannot claim It,. ms
| is not power which they can claim by
implication. The latter clause OF the Sc
cond section of the second article OF the
| Constitution, declares, that 1.-THE President
shall have po,ger to fill up all vacancies
that may happen during the recess OF me
senate, by granting commissions whIch
shall expire at the end OF their aext ses'
sion. Suppose vacancy TO take pace
| during the recess Of the Senate, Oh The
bench of the Supreme Court, and the Pre-
si,en, should, during the seCess OF the Se'
MALE, make an appointment, and oeiEer
! the commission, would The Presioehi: uh-
der the words he shall haze poser" be
authorised to recall the commission before
the next session vi the Senate! Surely
not
In the 9th paragraph Of the Sd sec
ton of the Isl srticle OF the Constitution, 1t
is declared, The Senate shall haOe me
sole pousr to try all impeachments sup
nose the House of Representatives prefer
articles of Impeachment against an o1lcer
of government, who, it guilty, could De
| proceeded against by impeachment; can
| tie Senate refuse To proceed IN the tfIa',
| AID excuse themselves by saying they nave
discretion whether they will try the par
" or not? Ia my opinion, the terms 'shaH
| hrus the soie porer 10 try all impedca'
| meats" are Imperative upon The Senate
| Again, Congress 'shaiI have posser TO de-
clare the punishment OF treason. III can
not be fsiIy commended, that Congress is
moi bound 10 declare the punishment oil
treason, although Congress may, from time
10 time. change the punishment; yet they
are bound by law to provide some punish
men, ,or this offence SO may Congress,
from tine To time, change the laws oil Inc
District; bu, Congress must continue TO
egislste for 1t.
I'm the 4lh article there is clause on
which some rely for The power OF Congress
to recede any portion OF the District vi
Columbia. 1t IS this: That Congress
shall have power TO dispose ct and make
all needtul rules aud regulations respect
ing the territory or ether property belong
in@ TO the United States This clause
ab plies exclusively to the western lands.
The powe Of disposing OF them Is meant
10 sell to individuals, as the terms "other
n,ouerfyo shews. The proviso in favor
Of the claims OF the UHited States, also il
Illustrates this principle. This clause
proves that even the property OF the U,
States coald not be disposed OF by Con-
sress without an express authority gwen
by The Consri uticn.
In that part OF the Constitution which
relates to the scot OF government, no pow>
err is given to Congress 10 recede or aa',
pose of any portion otit. The people OF
the IT, States most wisely have withheld
this power. lit had been gwen, it might
have been temptation to change the seat
of government. It il had been given, It
would have been an express contradiction
to the apoored intention OF the people that
there should be permanent seat OF the
government.
. |, is alleged, that, in the same clause
which provises for The exclusive legislation
over the seat of government, the Ike au
thoriiy is given over forts, ar,enals, dock
wards. sc. and, therefore, It Congress can
no, recele any part Of the District, they
cannot restore any place purchased tor The
erection OF forts, &c. There Is wide
distinction beiwe. u the seat OF the govern
ment aod forts. SC. II is to be remarked,
that he seat OF the government Is 10 be
acquired by cession from State or States
Ter the permanent purpose of the govern
nents meeting at; whereas places Tor forts.
dock ysrGs &C. are 10 be purchased from
the oioners of the soil, and thereby become
the property OF The United States; and
like any other property, may he disposed
of by the government, by sale or donation.
Il Congress Can recede Alexandra, then
the whole District nay be receded:s here
is nothing in the constitution which per-
.mits part, and cot the whole. to be rece-
ded. II he Whale can be receded, Congress
NAV remove the Seat of Government, al.
though the people Of the United States, IN
their constitution, have intended that u
shall be permanently fixed, and although
the Distinct was ceued, aad accepted, as
The permanent seat OF Government But,
il may be alleged, as il has beeo, that The
constitution does not require II should 66
ten miles square. II is true, it. when The
place was fixed on, less quantity OF
ground had been accepted by Congress tor
that purpose, the terms Of the constitution
would have been satisfied; but having &C.
copied territory TO the 1uaote ex>en, allow.
ed by the constitution, the srhole became
the permanent, seat o. the government. u
is plain then, that Congress cannot part
with one acre oil the ten miles square, even
admitting that there was discretion vest.
ed in Congress whether they would Tx on
the permanent seat OF the government
The power having been executed, Con-
gress cannot nOw undo what they have
done, any more than they can exclude
new state from The Union after II has been
admitted, BY the words of that clause OF