Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-08-06

cognizance of the offence.
,ibs same thing would happen in places pur-
oh,sed by the consent of State Legislature lof
fort or magazine, an arsenal or oock-yaru,
"yar which Congress has the same power Oh eA-
"r;ra LEGISLATION that il has over this District.
80, f,It and dock-yard would be petty So
ra;gnty. and restricted, by the law of nations,
- sending its process into the neighboring
S,atas although its sovereign was the United
states. I;..L. ..;h,
,,,Ii in the United States that this power" Got
exclusive legislation over the Districsl IKE al
o,bers which are specified, IS conferred on
oConGress as The Legislature Of The Union: for,
S,rin them of that character, and they would
n,t D,s,ess it, In no other character can II
ho avarcised In legislating for the District,
{. ,bev necessarily preserve the character OF the
= LEGISLATURE Of the Union; for il is in that cha
q raSter alone that the Constitution coniers on
them this power OF exclusive leg'siatlon. ne
{, cIanse which gives exclusive legislation is I'M
cnestionably a part OF the Constitution, and,
n such, binds all the United States"
This is the language of ChiefJustice Marshall,
g.; Irlivering the unanimous opinion OF the SUI
Zone Cont of the United States in Cohen's
i,se n; Wheat 1861 After answering an ar
,c,mant drawn from the analogy OF the double
nnwcr of legislation las 1t was supposed 10 Del
trastr5 in Congress TO the double jurisdiction OF
Court which exercises jurisdiction at common
law and in equity, the Chief Justice proceeds
thus e
d" Since Congress legslates in the same forms,
and i'm The same character, when exercising It's
.ryclusive mowers oflegislation, as well as when
Exercising those which are limited, we must
.enagire whether there be any thing in the ma
"ure ofthis exclusive Legislation, which necessa-
rly confines the operation OF the laws made
"n virtue ofthis power, TO the place Win view
10 which they are made.
CONNECTED with the power TO legislate with
in this district is a similar power III forts, ar
usrpals backwards SC. Congress has right
Z. ,, n,lnish murder in fort, or other place
within its exclusive jurisdiction, but no general
right 10 punish murder committed in any OF
s6ythe States. In the act the punishment OF
crimes against the United States, murder com"
united within a fort or any other place. or
district or County under the sole and exclusive
jurisdiction of the United States, is punished
with death Thus Congress legislates IN The
same act under its e.rciusire and its limited
.powers The act proceeds TO direct that the
bodv OF the criminal. after execution, may be
delivered 10 a surgeon for dissection; and pun
fishes any person who shall rescue such body
during its conveyance from the place OF exc
"cuton 10 the Surgeon 10 whom il is to be de-
lvpred Let these actual provisions OF the
law or any other provisions which can be
made on the subject, be considered with
"view 10 the characterin which congress acts
when exercising its powers OF exclusive le-
"gSatlon If Congress is TO be considered
merely as a local legislature invested, as to this
object with powers limited to the fort, or other
place in which the murder may be committed,
If It's general powers cannot come IN aid OF
these local powers, how can the offence be
tried in any other Court than that of the place
in which il has been committed} How can the
offender be conveyed 10, or tried IN any other
'plaCel How can he be executed elsewhere?
=" How Can his body be conveyed through a
country under the jurisdiction OF another So
"yereign, and the individual punished. who,
within that jurisdiction shall rescue the body?
"Were any one State of the Union 10 pass
Flaw for uyiag criminal in Court not Great
led by ITSELF in place not within its juT!Sdlc-
"tiOn, and direct the sentence 10 be executed
without its territory should all perceive and
acknowledge tsincOmpetencyto such a course
"of legislation. Ii Cun9resS be not equally in
competent, il is because that body unites the
powers otlOca le tislaton with those which are
to operate through the Union, and may use
" the last in aid of the first; or because the pow
"erOf exercising exclusive legislation, draws
after it. as IN incident the power of making
" that legislation elfectnal; and The Incidental
poorer may be exercised throughout the Union,
because the principal poper Is gireR TO that bo
" dy as the Legislature Of the Union.
II - Cledf tIdl SOn8IcSS CdllOt punish ltlO-
" MICS generally; and of consequence cannot ,
punish mispriSion Of felony. 1t is equally clear
thar State Legislature, the State Of Wary
land for example, cannot punish those VINO IN
another State conceal felony committed in
maryland How then is it that Congress, le- |
"gisla,iOg exclusively for fort, Furnishes those
who, out of that fort, conceal felony commit |
ted within it2 The solution and the only So !
luton, Of the difficulty is, that the power vest
ed N Congress, as the legislature of the United
states, tn legslate exclusively within any
"piace cededb by State, carries with it as an
"ncdCntthe right to make that power effectual !
' 1t leIon escape out of the State in which the |
- act has been committed, the Government can. |
not pursue him into another State and appre- !
bend him there. but must demand him from
inc Executive power of that other State If!
SonSre|S were to be considered merely as
q" the local legislature for the fort or other Mace
in which The offence might be committed then
" this principle would apply to them as to other
local legislatures; and the fclon who shoud es
cape out of the fort or other place in which
",he felony may have been Committed conld