Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-06-23

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aaVocates OF this prosecutions the only ground which
thev could hope even for a moment to occupy. The
proposition stated by Judge Chace is total dcmoli-
Judge Chace was certainly correct. "The judicial
power of the u. States" says the Constitution
small extend to all cases in law and equity arising
under this constitution, te iacs Of he u. Staies &C..
What laws of the u. Statcss The answer must be-
the iaws-the acts of Congress which might be there
aNcf passed. in pursuance Of the Constitution, and
which being passed, are declared by the I'd sect
OF 9th art to be the supreme laws of the land.
i Eat leaving Judge Clace, and rcvcrtng to our as
stunned position, we ask, what is the real de-
Scrption of the law belonging to that part of Mary
ian, which was coded to the u. States? The answer
Obviously is, il was originally the law OF MARYLAND
and nothing more. When the ccssou took effect it
continued the law of the same land, then converted
ny that ccssIon into part of the district. Whe-
thcr i thus continued by virtue of reason, of Justice
and the law of nature and nations, or by virtue of
the Congressional declaration before cuot.d is not
material. Its true description, It's real name, after
the removal, is the law Of: dstrict:-uo, not of
The district, but ofr part fit. The territory ceded
! by Virginia was placed n similar footnC. It's laws
that nc laws of Virginia however different, and
probably they were very different were of oo,al
force in the Virginia part oe the district An offence
therefore, committed the MARYLAND side, against
The law Of the Maryland part Of the district is Not
an "ifence against amy law oil the U. States; but against
tnc Jaw OF part OF the District Of Columbia. And
When there is To offence against law of Tic u
States, there can DC offence against the Govern
ment ehcreof Calling things fnirly and legally by
offence
Supposed, against law of part of the district is
an offence against the particular, the local overi cn
oil the district, i'll whonsoever vested In fact it is
vested by the Constitution in the Congress of the u
States An offence therefore agunst the law OF
either county of the district is offence, not against
a,v or THE u. States and therefore not ayunst the
tlocern1er't thereof. but against tio government OF
the District OF Columbia, vested in Congress- or A.
gailSt the government of the u. States It's rapaci>
| ty oil government Of the dist rict.
Id conformity with this idea, We find. that even
the acts at Congress, relating to the District OF Col
nrnbia, are not considered as laws OF the y. States
BY the act Of 1914 (iHth April 1910 ther are cy-
pressIy excluded from the revised code Of tf., u.
States Even titles OF the several acts are not pub
ishcd III this code. The number Of Tie chapter is
| alone given.
| The Supreme Cunrt hive also adopted the same
idea In Coben's case, tic act nj Congress author
isng Lottery in the city OF Washington, was con
sdcred as IL law Of The district only: and not as a
law oi the u States, watch coming into colision with
| a state law, would supersede that law. Whether
Congress might not have made tho Lottery Law, a law
IF the o. States, by giving it an extra territorial
operation. is different question the decision of
which, either atirnativcy, ncr. 'vcly. does not
affect the distinction here Indicated aud | tiuk,
maintained
In preserving this distinction between the govern
nent of the u. States. in its general charactcr ani
the same government III its local AID particular char
acter, as the sovereign and xcsrc legislator. ofthe
district, confusion will be avoided a. ofirncc not
against the laws ufthe u. States, bu; against the
laws of the dist riot, either part oft, may be pros.
tecn'cd III the courts OF the DISTRICT, offence
gaiist the government thereof canstiutionay vested
III the Congress OF She u States, offence IL
gniRst Congress the Z. States, possessing & en-
ercsng the powers o government in The tstrict. II
on the otter hand an ACT described Ivy statute as an
offence aea INST the u. States be committed in the
hlstrct, iaay he prosecuted and punished there as
Nan offence inst the peace and dignity fthc yor-
ernent ot the u States. IT There b. no such Il IT.
liie, there car De no offence against the government
IL republican government Is emphaticaiiy n govern
SIent OF laws, act therefore which violates no law
q such government, cannot be against"tlc gov
anime Mt, or It's peace and dignity.
> am aware that by act of Congress, rfla.inu 20
50 dstrc; CT Colun5ja passed Cd March 1901 not
i Prolishcd among tue laws ofthn u. Sta.es It IS dc
red that all indictments shall run III tho name OF
;Fa w. States and conclude against the peace s'aad
{ '7arnm'nt thereof" Bat this legislative ?eclara.
tlIn cannot alter the nature Of things T. cannot
y"iicct the position CT power consittional'y oca-
4 ted and arranged II is not probable that The point
y here presented was thought o but If this ,;e,ara-
ton had been advsediy and Intentionally made HAT
intention could not convert thing into appetizer
thing: it could not make two things. essentially and
couSituti0lal!g different one Thing: il coull not con-
vert m offence, against law OF part of na dis ric
Of Columbia into offence against the IT, S,atcs
whose laws were not disturbed.
One government does not punish an offence n
galnst another government o3cncc d~nj,,sf ftn
other government, ever! when committed. as NAV BIZ
sometimes the case, within its territory An Of
fence against the u. States, even an offence prohibit
cd by express statute, is not punished by anv State
., by state prosecution. IF the Congress of the H.
States, had remained at Phadelphia or removed tc
Baltimore, 1t is clear that the here charged could
: not have been prosecuted. IT sccTns then nccor
ding to tho hypothesis, which the pending prosccn
nn Ussupes, that al act, the part Of nh officer
The general government, which The statute law of thu
u States does not mention, Which, no state law cal
TeaeI, and which to the law, is utterly mac
cessible, may be prosecuted ofcnce ngnia,st TN
ir'o Of ttc Iaryiand Pnri of The district If Co7uns
bia'H Thus the inferior and dependent government
can watch over hcsupcror govcrpmcnt- issovereign
Its exclusive Legislators 1T can prosecute OF:
nce against the superior government, all act mt 81
. dcfned ytte litter, and furnish from the multifar
oiis provisions ofhc common law dribbng upon tho
D. States, through the Crcyicc of tlc.istrct code
the subject of frauds and false pre-: onccs and acts
contra bono criminal code, ofthc existence
OF which, the people of the u States are even now