Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-17

from that instrument, the extent OF the powers of
the State legislatures 0 this cdSe, must be deter
mined 10y the instrument itself, creating the power
Mean while, let us apply the rule furnished bv this
celebrated report Ia the term Sa,e," in different
parts of the Constitution of the United States and
we shall thus be enabled tn determine its true
meaning, in any particular clause. by ascerta!ning
The subject TO which il is applied
Ar. /. Sec VII. cl. ~, ordain-, that Congres
shall have po.. exercise exclusive jurisdiction
in all cases er ovgr such district mot ey
ceedine ten miles -quare) as may by cEssIoH Of
particular STATES, AID lie acceptance OF Con-.
gress, become the seat of tie government OF the
United St9tes.'
Ey tins clause no neiC power TO cede territory
Was conferred on the g STATES" TLis 20, er
they possessed before they ratified the Constitution
o., lhe Uuiied States, i is power belonging to
AL = Zee and ndep endent States, with or without
written constitutions. In most StaieS it is an exc
cL'ive 20" or In most countries OF T. rope il bc-
longs to mat department which has power 10 make
! treaties When tie State of Virginia cedel TO the
Uoited States all her vast domain Nonl West of
| me ONO ~ one ever disputed The validity Of the
ceSS'0f; ar tie power of the General Assembly TO
make IT, So too when the teSs:oa OF the ten miles
square was made by Ike Legislatures Of Virginia
"Hu Mary Is any 6oub entertained, that the
term Staies,' used in this clause was abuu-
dainty, and property satisfied, whe the political
societies OF these States organized into heir
legislatures on that occasion these Legislatures
being vested with complete power 10 operate on
Such SUBJECTS ?
The ce,sIon thus made by the States Bat
WI! any one say that if the people of these States
had chosen to make constitutions and 20 Il We la
| ced this power in ihe executive or judiciary that
they would not have had iull powe, 10 do So II
was not the intention of tie trainers OF this Con-
stilution OF the United States, TO disturb the ar
ranGement OF the powers made blythe State Cons
stu'ions, or 10 deprive The people of The States of
nj hoy f,Il
the right 10 cede territory ia The formation OF new
constitutions Tor their respective STATES And this
WI! account Tor the change in the phfa.eOlocv OF
the latter part OF the clause just quoted which de-
clares, that Congress shall have power 10 exercise
exclusive legislation over all places purchased bv
the consent OF he " Legislature of tie State in
which the shall be for the erection of forts.
magazines, arsenas, docIyards and Other needul
buildings one will pretend that The ilustri-
Gus statesmen tho framed he constitutions did not
KNOW that there was material distinctions between
a State and lis Legislature in This case In The
FIRST part of the clause they Use the term S.ate'I
wien applied 10 cession OF territory in tie last
part oil the sumo clause, they the tern'' Le-
esiature, len applied 10 purchase OF a plaza
Tor Tort, &c.--That this was circumstance ac-
cdeH'al, no one can suppose. And upon consult
/ ing the journal o! the Federal Convention it il
seen that thiS clause with respect to- these two.
! words underwent most material ali Grafton, (l3)
/ By regular vote.
! The power 20 cede territory must reside in some
department, It cannot be exercised by tie people,
In iefsou IN most governments IS has been %.
se,vet, /: IS an executive power Astlis i@a c,s,
Of power not tredted b. written constitutions.
but ct power which thee States possessed as
" Tree and Independent staes - anaIo.es drawn
rom other eoN ei"neds aid States, alyvays cxecs-
! ing this power, are safe and proper ''rhe G,n-
dahenial pEHcii!e o. the revolution was Tia, lie
colonies ordinate member will c1r o.r
aEI viii Trea fsrFtn -
common executive sovereign, intel Nv
any common legislative sovereign The Isg5sii
Toe pDrer JCuS maintained 10 ne as rDiagete j.,
each american Parliament, as IN tn lrijsgL
! l'criiamr'h" (iJ.) ia Great Brian, 1t IL ,he
! Kings prcToeatlve 10 maze treaties, league. nd
7lliances viii foreign 'it..cs md Friuces, (l61
| Yet 1t required an ACT of he Far4rnest aitho,
rizs - c.ssoH'' of tie colonies. ~ Our A
! mencan Parliament, tson, nd !I,i 10 ,.cr o cede
territory, add lie trainers of tae Constitution A. d
the foresight noi to the pow err in this State e
g'siatuTe-, as liiey have dcue he po er to con-
Vey scrc~ To- io'is &. ad TO cleo Senator's but
iheS Ieve eIt this loWct, Tree i0 be operated up
on a. the psopc of S;a,e M ht t.uk proper. in
/ tie organization az Sale Go sii.u ION: (fSl
! AstIn Art. J. se.. VIII. cl. O. oalliils. hat
9 Congress ahall have power 10 provide TO organ
ihig, aTinins and fi>cirliiing c militia ard fof
governing such part Of them, rs may be enplored
IN the service OF the Uaitcd ate; reservinq 10 lie
| officers" ''''
Nov here is appointment O b. made bv The
| " state - r dch state shat appoint This
clause conIefs no neJD power, i; reserves 10 the
States poNer which 4" as free and Iadcpenden,
| Staics" they already had. VIII ans have the lar
Ghood 20 say. thai this appoinilatHt too vests in
The legislatures Or that they have pos, err 10 de-ig-
naie those persons ,ho shall make this appoints
ueni! and why moi Iray?
| TIE constitutions Of the States before and since
he formation OF the Consi tuition o. ne T,itea
States, vii abunIdnhy ans.2cr this question III,
ol Massachusetts was formed in 1880 seven years
Octoye that OF the Unie.l States: this decla,os
Chap u, Art y. That " the Governor, with adj
wee oi council, shall appoint al Officers OF die con
ilnen'al army, whom (by Tho 90 federation OF the
United S.acs) u is provided that this common
wealth sisll arpoinj:''
/ The constitution ol New Hampshire. formed +,
/ l'A2, Eye ears ujtfr that Of tGe United Sf,.cs
declares, Part ii. tiat "rle Governor. aoj
councl! sh'I appoint ~ officer. oil the continental
army, whom by tho confederation of tl,e t1pitej
Sta.es, u - provided that tliis State shall a,iin,t'
/ Here "e see that tlc power 20 designate those
who shall make this appointment FOR the Sta en-.
not Legislature power. The People have igifb-
heid tas power. they exercise ID lefD.a. e4,o tle
loruaioh OF tIeir written cons itution- Tho power
70 make ibis appointment sstirse States i4 We see.
CONFERRED on the executive. nave rO. tic JJur-
hds OF those Cont entiore, bu the house OBJ Iepre
seniauves O The Coagres. Of thc United Satc- saw
ti@i ttsse constitutions were formed by conscn-
tons, i1 wuicb were nany ofthuutgs ieargtl and
practical statesmen OF fiaf Gas" and the decj,
fatI0ns which they contain Of tie manner In which
they understood ths clause OF Tie ons.itu.ion of
he United states respecting an appointment 70 bo
made ~ 'he states. ought 70 be considered as