Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-01

Lad iI;ipI :,
,t securing tlt aud proper place i"r 'he o'a ="
, &c.. :.,,,.. ot Mar, land aud Eirg'n"' ee'h l" 'he
tinted Slucs portion OF 'i'F 'esp'|',s ~ n
Inv, nm e2cn side III the f""hilc l''e'' ""o ~" ~
;7,r,r ,. len riiIrs square "riIi''ha'eu 'He Inv
"a y" H.! r,, and winch. by thr acceptance u! C"l-
~ I-ca,ue the Seal OF The Grtrral Government
,. sci 81. G., ssiun on the part Ut virginia. vas ass'o
m tb. 81 day ut Drceahrr lI-9. and ali"r tcIhng by
y.v of preai..e, the general purposes vi t'ie grant, IL
po,s ON enact Tl ract 81 country, not e&ceed'hS
Ten mikes squire, any lesser quantity, 10 be l"cac
wlhin the limits ul this State: and III any part lhet
az Cur;t by direct, skull he. and the same IS
herety crGd and re'iuruisied to The congress
and Government Of The United States, ~ fW ""a "'S"
iae roh anG trciuSice nr$dct0R, as "c'tV s"t' 10 y
pC1S0ns, restGtn to resdc tAerrtn pursuant ~ '
and effect OF the sigAh Scctton OF the lirSt afec y" @
! Constitution Ul the Government OF lne C"'eu S
This section is Immediately followed ny P'u''S''
Serving 20 individuals the right OF property IN mG SUI
..prUcldcd that nothing herein cohtahe"' S". W -
stued 10 vest in tie United States any fe"' I" PpV
IN i: SOIL u, 10 affect the rights OF lndsVuuas Heict
otherwise ;bau the same shall, may be tusstHrra, ny
such individuals the United States ne ia '''o
Ii sc,n oi lIls act provides that untll The sald LIS
trct is accepted by Congress- afH Pr"E's"'' - tiu
tina, body for the government thereof, H'c "fsu'c'''" I"
the laws of this tnwca!th over Inc persons ana
,,,r.ri. cf the Individuals residing within the limits Vi
in, rrss,un a,resaid sIa confines and hc IN forcc-tha
alter such acceptance 1t IS 10 pass 70 lIe JuFlsuc'"" "
(onrrpss in manner provided by the article OF the
! Constitution before rrcited. Now, sad MI b: II VIII
hardly be denied that The jurisdiction Ut Congress- anu
It's rTl Of lns District Gtcr tn" accept
auce rrcul upon the terms OF the act OF cess"' was
a. annie at least that vi the State legislatures over
the same territur: biorc tie cssSion was iihcc' Ie
uuiy reseryatlnn contained III the Virginia Act Is That
before referred ia the provlso, which obviously Teatcs
90 the rints OF individuals N the SgG OF Tie territory, ana
To- that q one The terms OF that provso cann"t ny the
most strained construction, be EXTENDED 70 any ''"s
else Tie words affect the ngatS Of tnd'ctdnlis
therein cannot be made to cover reservation q" rg"t
to personal property To The exclusion {" tiat soe u!S
dicon which it is subjected to 10y the foregoing sect'
Tie word ttrstn refers not to the territory, out - @
.suii" which Is the direct object OF hc l'foVSo, ana
which imrnedatel precrdes the use ut Inc term, aJ
ril of property Ire soil, or to Affect the FshlS u III
G,y!ualS 1crcin. This is rendered stall ln"re Obvious
by the words which follow, otherwise Than the same
Ghc rl: OF property III the soil shall or my be trans
frrrtd by such udivu the United states. " hat
other right OF property except that Ill the SOL, was
likely transferred by individuals to The United
States: The previous section crdrs the territory To lfe
Couuress and Government Of the United States, IN
fu an absolute rht This. II left unqualified by the
proviso might have been looked upon, intending TO
convey to tie General GOVERNMENT an absolute night
OF property in the soil OF the territory, 10 the cSciu-
sion Vi. Individual right, We'll as the rgh! ot eX
elusive jurisdiction II. Hence the reservation,
in the pruviso, which is simply ncndcd t" declare,
that ultInu.h the territory is coded III absolute
right and exclusive jurisdiction, as we'll OF Sol! rs o
pcrsons, yet that such ceSsIon is subject To, ana IS
be qualified by, the proprietary rights o Tic hdlV
duals among whom the soil Of the territory was pre-
yolsIy pacerd out and by whom was then held eX
cryt So far as such individuals might themselves elect TO
transfer auy portion Of the soil thS held 10y them, 10 the
npw government OF Which they were about to become
citizens For example, although hy the ccsson Aforesaid
the General Government acquired right and title to en-
piuy portion OF the country ceGcd, tor the proper
purposes of that Government vet this right to be
subject previous individual right. Congress had no
nori'y to take any part oi the land within tie limits oil
the cession for the purpose OF erecting the Capitol with
out the voluntarily transferred by the owner
tn Ip nItrISs ItIStl
therefor, and the title 10 the lot regularly vested
IN the United States by due process o law, as pro-
vlGrd in the fifth amendment to tic Constitutions
This, then, said Alr. Summers Is the only hIlta-
t!pn. by which tie acceptance ot the territory was ac
coipanlcd-and indeed this could scurccly be called
In!laom for. without II the acceptance must nrcessar
~ have subject to the rights OF individuals IN The
soil. The jurisdiction OF Virginia herself before the
c,s$ion an; over her present domain, qualified by tile
limitation, the absolute right 4" ownership III the
individual citizen, which is only 10 be transferred to tile
pGbc by voluntary conveyance. or by due process o
law. The right OF legislation, then, for good or for ILL.,
this District. after 1t ceased to belong to Virginia
and MARYLAND hou rd TO Congress- fully rs had
pre- vously existed in the State Government The c"n
lrary opinion would not only oppose all just construc
ton but it would place the czrms OF that territory
in 4 situation not 10 be envled They would not only
belong to a Government i'll which they have no partlcl
patton transferred thereto by Stale in whose councils
they had right to share Iul to Government with az
imiShcd power to rg>lLtr tor them. II has not been
deucd that the Siave-oidnI States have right to p:o
vide If they think proper, Tor the abolition o slavery
within tc.r territories, subject to the limitations Ut
their CONSTITUTIONS; which, So far as they can affect this
question, the The Constitution oi Virginia
and the Constitution OF the United States. Ii, then,
this territory formed part OF Virginia and Mary
lad it competent By State measures |" effect the
removal ol the slave population from that PATTON OF their
domains. connection with the residue 0l The Sla', and
us part of general plan Of total abolition in The ell
State !. bc less competent 10 a;iurr LrSIsla
,urc, To whose "eXcusvr jurisdiction such territory
has been transferred, without any other im!tltl"s or
restrictions upon the receiving jurisdiction, than that
which belonged 10 the original Governments; which
original government, conceded to have the p"wer-
subject to the restrictions Mr.. ,. Thought 1t clear
that the National Legislature, within the District Of Co
luIba, had as ample power to legsair IN relation I"
the slave population therein, the State could have, III
reference to her own hunts. The OF power could
not he denied, the ground OF the appropriation To
make compensation. v hatever differences "f opinion
had existed to The RI hl OF appropriation Tor pubic
purposes in geacra he believed II had been uniformly
conceded, that Congress had authority to appr"p";.
any it Int think proper to be expended on that ten
niles sguai' authority WHICH he had no doubt had ~"
ten been and OF which this would be another cx
ample. This DistIlc he SAID belonged To the u Suites
1t was b. managed and legislaed nr BY Congress- to
whose discretion character and extent OF legislation
it, uecrss!ry and proper tor tie good OF ll Unci
States had been lett Ii they tluught proper TO pull
town The capitol ana erect one oil hive lines lis dlneil-
s;os another site, taking for this purpose the lands
Of private Individuals tie manner before anded to,
ii they should decide TO dnany thing else, within those
limits winch they might think the public good called Tor
justified 1t scr,rd to hun, ut lhry must be lett 10
he appreciation ccnsurr o the people, upon the expe-
dlrncy IurXpedcncy OF the measure, not upon the
question OF power. The people OF that District he
thought, occupied singular position, II lhr present de-
NAL I'll power true exposition OF the Constitution. II,
in after tne the holding States themselves should
determine that part III their population from
their limits, and carry into effect such determination,
although the action OF Congress, in the Dis
| ,rct OF Columbia, would no LONGER bc either ali
implied direct Remuneration OF the ave.holding
States by the Government they had contributed 10
crraic'--or breach OF faith towards them, yet any
act of that body towards the liberation Of the District
slaves would reaIn equally "a violation Of the Const'-