Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-07-20

t.foreign" "iudicial' tribunal, to the Summons
of which citizen of the independent sovereign
stat. Of Virginia, not found in the District, Is
nat bound by any law TO yield obedience. Let
me examine the correctness OF this proposition.
The Court is q Court Of the United States, esta.
bshed BY law passed by their Senate and
House of Representatives in Congress assem-
HE'D. and approved BY the President Of the Unit,
cd States. of whom is Congress composed!-.
sn part of two Senator's. and the constitutional
number Of Representatives OF the State OF Vir-
oiaia. and the President who approved the law.
Elected by the electoral colleges OF all the states
including Virginia. 1t has been said, and may
be repeated, that the Congress OF the United
States, when ieg,slating for the District OF Co.
Iumbia. is the local legislature OF the Uistr'ct.
This is position which the constitution does not
sustain. The eighth section OF the nfst ar'lcie
declares that Congress shall have po0er 20 e1er-
else srcltsiue Legislation, u all cases 'oh0tscef'
over such District as may become the seat OF the
Government Of the United States. and 10 exer-
else like authority over all places purchased lot
the erection Of forts, magazines, arsehaIs, docS'
wards, and other needful buildings. congress
has declared what shall be the punishment OF
certain offences committed IN the Iorts, maya
lines. arsenals and dock yards. Was this done
a. the local legislature for each Of those places,
o. a. the LEGISLATURE of the United States? No
one not even the respondent or his counsel, will
pretend that Congress IN these cases ac'ea as w.
roI Leistat,vs. The same eighth section de-
clare, that Congress shall have power to lay and
collect taxes. duties, imports and exclse-to re-
ouIste commerce with foreign nations and the
Several states-to establish an uniform rule OF
acknowledgements establish post offices and post
roads-to constitute tribunals inferior to the SUI
sreme Court-to provide for calling forth the MI
iuia 10 execute the laws of the Union to suppress
Instructions and repel invasions--to promote
the progress of science and useful arts, by Sc
curing 10 the authors and inventors the exclusive
right to their respective writings and discoveries
In these instances, the District OtsColum6a
must be included in the &c. .eral Law. or there
will be no law enforced IN the District on these
subjects.-For instance; p0st-otfices aud post
roads are established in the District 5y the gene
raj law: 10 doing this, has Congress ieglslated as
local legislature, or a. the law makers OF the
Unons There is no law specially applicable to
the District, which authorises the calling out the
militia of the District, to suppress insurrectlons
or repel invasions. or granting copy rights The
unanimous opinion of the Supreme Court IN the
case of Cohen against Virginia, 9th Wheaton's
Reports. 424. delivered BY Chief Justice Mar.
SHALL, is conclusive on this poiot. The Court
saws: =. la the enumeration OF the powers OF
"Consress which is made 10 the 9th sect. OF the
" first article, we find that Of exercising exclu-
" sive Legislation over such District as shall! be-
come the Seat Of Government!--this poioer,
"Rks all Others which are specified. is conferred
"on Congress, as the Legislature Of the onion;
d" for strip them Of that character and they would
=" not possess it. In no other character can IL
abe exercised. In legislating for this District.
" they necessarily preserve the character OF the
Legislature Of the Union: for i, is IN that charac.
&" ter alone that the constitution confers on them
h" this power Of exclusive legislation, ," the Court
" adds, this propOsilion--' needs not be enlorc'
ed.'"
A CITIZEN OF THE DISTRICT,