The native American., 1838-01-27
From the .Alerandria Gazette.

Gan Congress cede the ~ miles square, any part oil
it, 10 any State, or to any person?
The article lst Sec viii. chapter 6 according to the
common editions of the Constitution of the United States;
but the 18th clause, according to the copy of the
Constitution of the United States, printed under the Re-
solution of Congress of the 27h March, ISls directing
the publication and distribution OF the Journal and pro-
ceedngs of the Convention which framed the present
Constitution of the United States declares that Congress
shall have power (ch 10th l7th) to exercise exclusive
Legislation in all cases whatsoever, that district (not
exceeding ten miles sqare may by cession of parti
cuar States and the acceptance Of Congress- become the
seat OF the Government of the United States
Congress (cosutionaly speaking) possesses no power
except such is granted by the Constitution Of the
United States. do not mean to say that Congress does
not possess any other power Very far from it. Prece-
dent safe precedent usage well established usage prac.
ce dinerni mores, aidcaR and many other arts OF
Interpretation, and political legerdemain have given to
the Congress, and to the nctonares Of this country
mass OF power never dreamed Of ,chen the people of the
several States acting within their respective States each
adopted for itself the Constitution of the United States
To appeal to the Constitution in the sense it was
adopted by the different States does really appear at Ills
day, literally. like appealing to the dead.
And yet will make this appeal: The 10th or 18th
clause selecting that reading Of the Constitution of the
United States which suits the reader best declares that
Congress shall exercise exclusive legislation over dis
trct, which they authorized to accepts and further
more Congress is authorized by the 18th 18th clause
OF the same Act and section to pass all laws
and proper to carry into effect all powers vested by this
Constitution in the Government of the United States or
in any department office thereof These are all the
clauses is believed which relate to the subectThese
declare,
ls That Congress shall exercise exclusive legislation
over the District when ceded and accepted.
I'd. Congress may accept.
3d. Snch District may become the Seat of the Govern
,nent Of the United States over which, Congress shall
exercise exclusive jIrisdiction
Congress shall have power to make laws to carry into
effect this power Do these clauses vest in Congress the
10 cede any portion of the District for the Seat Of
the Government?
Without appealing to the history of the times prior TO-
and during the adoption Of the Constitution of the United
States, entering into any explanation Of the object
which the People of the States had in establishing dis
ct Of ten miles square for the seat Of their Government
let u.s. at least for the present. conne the attention to
the examination of the clause under discussion .
Congress may accepr district of ten miles square to
become the seat of the Government.
Does the power to accept, for the purpose specified
confer the power to sell again, or to cede!
Was It not the object of the States to establish district
OF ten miles square, for the Seat Of the Governmen-and
would smaller district have satisfied the terms Of the
Constitution Of the United States?
The power to accept n scarcely be deemed power
to cede Had the people intended that Congress should
have to SELL cde the district or any part it is
presumable that they would have said So
If Congress have tho power to cede at ALL they can
cede to one as well to another They might cede TO
the aboonists the free negroes of the district if Con
gress IN Their wisdom should deem It necessary for the
general welfare for the security of the blessings Of
liberty This construction may sound well in the ears of
an aboltonlsf but would convey very different ideas
those south of Mason's and Dxons line. The power of
cede
Congress shall have power to exercise exclusive eps
laon in all cases whatever, such district 1t is the
Congress that shall exercise exclusive legislation over
such district. .aFaI8|
No other government shall pass laws for this district
but the Congress But if the Congress cede IT, no mat
Ter to whom the power to legsate would pass
with the cesson. II cannot readily be conceived how
Congress could cede, and still legisate exclusively.
Does The grant to Congress Of exclusive legislative
power over the district vest in Congress the power to
cedes
The Constitution declares that is the Congress alone
who shall exercise exclusive legislation over this
This is duty imposed on Congress- the people have by
the Constitution Of the United States selected this sonare
as the seat Of their government Until the people shall
BY amendment Of the Constitution the United States
in mode pointed ont in the instrument authorize Con
gress to cede this square, it shall be the seat of the 90
vernmen But one square, and one cesson are spoken
of II plain that this cession and seat of
intended TO be permanent Had the power to make
frequent change, and other location been intended The
people would have said so.
The Congress- them have power to cele this square
or any part, until an amendment of the Constitution
Jan. Is, 1885, FAIRFAX