Cheraw gazette and Pee Dee farmer. [volume] (Cheraw S.C.) 1838-1839, 1839-04-05

| trlct OF COiumOla' SonS'SSS' aS FglSla
live BODY, exercise two species of legisla
live power over this District; the one Fed
eIal, the other municipal. The first, Iini
led as to its objects, but co-ex!ensive with
the Union. The last, uulimitcd as to ob-
iec,s, bu. imperative beyond the territorial
limits of this District. The relation in
which Congress stands to the citizens oil
the District, therefore, is two fold. First
as the representatives Of the whole Union ;
and second, as The local Legislature Of the
District. In the latter capacity, Congress
stand precisely in the same relation 10 the
citizens Of the District, as the State Lecis.
laturcs to the citizens of States ;-and, con.
seouently, arc rs much bound, in all their
acts affecting merely this Distric', 10 obey
the will Of the people residing within the lim-
It's of the District, as are State legislatures
10 obey The will of the citizens of the States.
Without the consent Of the people of the
District. therefore, Congress have no rgh,
10 abolish slavery within its limits. Congress,
as The Federal Legislature, acting in their
ledera,ive capacity, have no more right to
abolish slavery in the District of Columbia
than they have TO abolish slavery in the
S,ale Of South Carolina. If Congress
possess the power at all, they can only ex.
ercise it as the local Legislature Of the
District, and IN pursuance Of the will of the
citizens residing within III limits of the Dis
,rict. To affirm the contrary, 10 assert that
The municipal Institutions, the domestic or
local rights and interests of the citizens OF
the Disirlc. Of Columbia are subject to the
arbitrary will and control OF the citizens of
remote, distinct and independent States or
communities, or, which is in effectlhe same.
of Congress, is to assert that the people of
the District do not posses the right Of self:
government, and that the power OF Congress
over them and theirs is plenary and a5so-
lutc. Who will avow this openly? Who
will say in direct terms, that Congress, or
the citizens ofremote States, through their
immediate Representatives in Congress,
may rightiully and cons;i,u,ionally interfere
with and control the whole internal police
Of the District, in defiance of the wishes and
regardless Of the remonstrances of its citi.
zens! Who, | ask, will openly confess him.
self the advocate Of doctrines and principles
SO alien to the character and genius of our
Government, so Iraugat with tyranny and
despoisn,, and so utterly repusnant 10 ;he
great principle upon which our institutions
are founded--the right of The people 10 be
represented, or, in other words, the right Of
the people 10 self government Let him
who would strike at the rights ofa commu.
nifty remember that the blow would be
equally dangerous to liberty as if aimed at
the ghts of individuals. shall be told, of
course, that by the 10Th article Of the 9th
section of the constitution of The United
States, Congress have "cxclusive jurisdc-
ton over the ten miles square," Well,
Sir, how are we to understand this exclusive
legislative power2 Why, sir, in the first
place it was evidently tho intention Uf me
trainers of the constitution to exclude from
the territory embracing the seat Of the Fed
eral Legislature the jurisdiction ofthe States,
which should cede such territory, as we'll as
all other State authority. AMI, in the SO.
cond place, that Congress, as the local Le-
gislature Of such District, should assume the
jurisdiction and exercise the legislative
powers surrendered up by the States which
made the "cession;" Congress, in pursu.
ance of this right OF exclusive jurisdic.
tion," exercise the same legislative iunc~
tons over the District of Columbia, when
acting in their local capacity, that the State
Legislatures 90 over the States. When
Congress, therefore, act in pursuance OF
their exclusive legislative power over the
"ten miles square," they abandon their ma
,ional functions, and assume the functions OF
a local or State Legislature and all the
laws passed by Congress when acting in this
local capacity are limited in their operation
to the territory comprising the "ten miles
square just as the laws enacted by State
Legislature, are imperative beyond the linn.
its of such State. In other words. laws
passed by Congress in their local legislative
Gu opacity, are no more obligatory beyond the
bounds of this District, Than are laws passed
by the Legislature of Maryland, for exam.
pie, binding beyond the limits Of Maryland.
In this opinion am fully sustained by a
decision of,he Supreme Court of the United
States. The court decided that the tickets
in lottery authorized by law Of Congress
within the District Of Columbia, could mol
be vendcd in the State OF Virginia, in con.
lraven,ion Of the laws of that State, (Cobens
versus Virg;nia.)
The general or national powers whict
Congress exercises over, and which arc
binding upon the States. were delegated by
the States; and the powers of "exclusiye
Legislation" which Congress exercises
over the District Of Columbia, and which
arc effective only within the District, were
derived from the States Of Maryland and