Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-05-27

ionable position. They aware tnat some members
voted against the instruction. Gpo this point under the
mprp.sTon that whilst the principle asserted is unqnes
onabe in itself It's assertion by the Rouse III t's
form. might seem to imply doubt and TO codnehance
the idea that il is really debatcabe. In this view, The
members who thus roled, may be joined perhaps by
many intelligent and worthy citizens OF the slave-llolt'
ing Slales but your committee cannot behave That
the assertion in any FORM by HE House OF hePIe'
scntalives, of principle so Important, and at the
time Of strong oca! bearing, and particularly
by vote so nearly approaching npity asis recorded
on its journal in favor of hia instruction, can have
tendency to weaken that principle, or It's pinahg ana
paramount influence upon Congress anu The Country
in all time to phe precedent above quoted from
the Congress of lG9G, shows that the House oi epre
senatives of that day. far from fearing the effect OF
such action upon itspar htto record ITS soe con-
vciion upon this question of power IN themselves and
has handed down TO us It's Judgment in precise &C.
cordancc with That House was largely II not
entirely composed OF men OF the EevolutionI end
many of its members known To- have been also
members OF the Conacnon which formed the Federu
Constitution Since That period, nearly haita century has
rolled away, and that the successorso that house,
acting under the considerations, soienly reathrm
The principle laid do;rby those great and good men, ana
avow il TO he only the settled opinion OF this Con
gress but Of TIE great body of the People OF the United
States, may not hops, and indeed conclude, that II
will he hereafter deeaed solemn and deliberate expo
sition Of the Constitution, and that all attempts IN u-
ture violate those sacred compromises which lie at
the very foundation of constitutional compact, or to
excite apprehension this subject, will BE- eitectuay
counrrGcied and defeated Your committee cannot but
indulge most confident and animated hope that these
good effects will be prpduced the present action OF the
House.
Your committee are instructed to report in the second
place
That in the opiniorof this House, Congress ought not
TO Interfere IN any way. with slavery IN Tie District OF
Columbia.
list because it would be -inalion.of the public faith.
To obey THIS instruction Of tie House in the manner
pointed by The resolution it will be necessary to ex-
anime, extent the relations between the fede-
raj Government and tile District OF ColuDbla tile pro-
bahe objects OF the prp7 son in the Constitution, au-
lhozng The cession Of the District to the IT, States;
and the consequent expectations which may have been
nationally entertained by the States that made the ces.
sion as the exercise by Congress, of the powers
granted the coded territory Before entering
upon this examination, however it may be wall tore
mark that the powers of Congress over this District IN
volved in this discussion, are wholly independent oil,
and derived from source entirely separate roH' the
general legislative powers granted TO Congress by The
Constitution. AS the legislature Of contederated States,
the powers Of Congress equal aaof universal aP'
| plcaon, throughout all the States. and they were
given Congress before the cessinn OF the Dlstrlct
and we're held and exercised independently thereof
| This will be made manifest by brief statement OF
facts. The first Congress, under the Constitution, as
semblcd The 4h OF March, lTo@, and the Govern
ment provided for by The Constitution was organized on
that day The general powers conferred on The different
branches of The Federal Government were ezeTclssdfron
that day fnrward and The union of the States uEcer cHn
teal operation The ccsson lr" Virginia of that portion
of the District CT Columbia that belonged TO her, waS-
no. made until the Sd Of December Of that year-n'He
months after The Federal Government had benin ope-
ration and the ccsson Of Maryland of that portion OF
the District that belonged 10 her, [und in which the Seat
Of Government is in fact oealrd,) was not made u'-
! iii the 18th day Of December, l79lt-more than two
years and nine months after the existence OF the Govern
ment in It's present constitutional form. Congress did
not ac remove to the District thus coded, nor DID
the District THIS ccdrd become practically the seat or
Government until tie ycns 1850; and The laws OF the
States Ivy which the District WAS coded were Declared,
BIZ an act OF Congress of the iti. of July 1905 to be
| in frcc within The District until the removal OF The
| Government to it, and until Congress shall otherwise
| by law direct"
1t appears then that the Federal Government in
| operation under the Constitution nearly year before
| Congress possessed any power of locaf legislation
over any portion Of the District of Columbia and near.
" three years before that power became ns e1ien.
sve as the present BOUNDS of the District, or in
cudeL that purtion os the ten miss square IN which
| the Seat of Government is in fact located. IL also
appears that the t ucG Of the Federal Legs laluie
in reference its urscton hen partly acquired, and
partly 10 be acqurrt provide Tor the oontinu
ance in all their force and in every particular, within
the District Of the Laws Of the States that made the ces
son until December 1900; period OF nine years alter
the time when the powers of Congress, as local legs.
a,ure for Tie District, were perfected by the State Of
Maryland-Nor is this a by the act Of 1890 it de-
clared has been already shnwn that the laws OF Ma
ryatt and Virginia should be The laws OF Tie District.
not only until the time ixed for the removal OF the
Government thereto, bat also until Congress shall
otherwise provide by law No alteration however, 10
any considerable extent has yet Seen nnGe and tie laws
of Virginia and Maryland which meEs IN. turce at the
time ct their respective crssons, and III iercs esptcse-
IL in the portions Of the District coded by eas stiii con,
uue 10 be- in almost every particular, the local aas of
the District OF Columbia
Such the relations at present existing between the
Federal Government and the District so tar as local lie.
oisation is concerned The powers Of Congress, the
local legislature Of the District, derived from the
cessions by virginia and Maryland and the special grant
of exclusive legislation, and not from the general pow
crs conferred upon it by the Constittnn and these spc
cia and local powers which Congress has possessed
for nearly half century, have been exercised only TO
The above described; and from the best informa-
| ton your committee have been able 70 obtain, TO no
| other or greater extent.
The right OF Congress to accept the cesson Of this
territory from the States Of Virginia and Mury land.
is found in the eighth section o. the hrst article OF
the Constitution of The United States, which gives II
power TO exercise exclusive legislation in all cases
whatsoever over such District not exceeding ten miles
square, as may by ccsson Of particular States, and the
acceptance eli Congress, become the S$st OF Govern
ment of the United Sales and the purpose TOR which
the ccsson was 10 be made and received is declared in
the language of the Constitution itsci sucn Osric'
us NAV become the Seat Of Government Of Tire United
States The cesson, therefore, was TO be made Tor TINS
purpose and for no other and regards It's use by the
Federal Government, the object OF this provision EVIL
IDENTIFY sinp 10 authorize congress 10 accept tle
grant aud to exercise The powers OF legislation therein
provided ior.
1t will he conceded by the committee, Tor the purpose
Of this report that the cession was made III conformity
with the power Of Congress to receive ana that there
fore bv the cesson from Virginia and Maryland, Con
gress is in possession of the powers which the
lion intended it should POSSESS over the district intended
to be coded .
This brings us 10 the inquiry, as to the probable OBJ
scts Of the grant of "excusYe legislation in all
wha,soeyer over the territory which to constitute
the seat Of Government Of the U. States. In consun!
the commentators upon the Constitution it will be fount
That the old Congress encountered Inconvenience,
even dangers, from holding their sessions where Sta
Legislatures had exclusive local jurisdiction and wher
State authorities alone TO be depended in matter