Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-18

tlce, or persons helu u idoou' III any
state, escaping into another state, shall
be delivered up, the chief justice Of the
district is required to cause to be ap-
pretended and delivered up all such
persons who shall be found within his
district. This provision Of the consti-
tuition must have been applied to this
District, either by extending the term
estate" in this clause, to the District,
or under that clause which gives Con-
gress exclusive jurisdiction over it.
1T is to be presumed that similar
demand may be made from the proper
authority in the District upon the exc
cutive of state for fugitives from the
District. 1t cannot, upon any reasonass
bic ground be contended that congress
does not possess the power OF autho-
rising such demand to be made, be-
cause the District is not what is gene
rally denominated a state. To put
down such an attempt, it is only ne
cessary to refer to the law Of congress
passed on this subject, 18th February,
1898, ed vol. Laws of U. S. 1867 by
which it is expressly provided that
wherever the executive authority OF
any state in the Union, or of either of
the territories, north, west or south of
the river Ohio, shall demand any per-
son, as fugitive from justice from the
executive authority of any such state
or territory to which such person shall
have fled, he shall be surrendered up
on producing the evidence by the sta
tute required. The same provision is
made in the same law as to fugitives
from labor. BY this act, congress
have in some respects placed the clti-
zens of the territories upon the same
footing in the states with the citizens
of the states, and in cases where the
power given to congress seems to be
confined, according to the words OF
the constitution to " states"
1t is therefore confidently hoped that
congress will consider itself enabled by
the constitution to extend to the citi-
zens Of this District the right Of bring
ing suits in the Federal Courts held in
the states and territories. But if in
their wisdom congress shall think
otherwise, we as confidently expect
that they will propose an amendment
to the constitution empowering them
to grant us this reasonable request
Il Citizen of the District Of Columbia.
Messrs. EDIToRs-You stated in one
of your late papers that the subject OF
local Legislature for this District was
to be agitated before the present ses-
sion Of Congress. If this be the inten-
ton of the malcontents of Washington,
think the following remarks on this
subject, by that distinguished jurist
and commentator, ST. GEORGE TUCKER,
the present Judge of the United States
District Court of Virginia, merit the
serious attention of Congress. They
will be found in the appendix, page
227, to the first part Of the first volume
of his Blackstone.
Judge Tucker, on the subject OF the
permanent seat for the government OF
the United States, remarks" 1t has
"been said that it was in contemplation
"to establish subordinate Legislature,
"with governor, to preside over the
"Distriet. But it seems highly ques.
tionable, whether such a substitution
of Legislative authority is compatible
"with the constitution; unless it be
supposed that "a power to exercise en-
"clusius Legislation, in all cases whatso-
sever, comprehends an authority to
"delegate that power to another suoor-
"dinate body. If the maxim be sound,
that delegated authority cannot be
transferred to another to exercise, the
"project here spoken of will probably
"never take effect. At present, that
"part of the Union is neither represent
"ed in the Congress nor in any state
"legislature-a circumstance OF which
there seems to be some disposition to
(" complain. An amendment OF the
g constitution seems to be the only
"means of remedying this oversight"
A.