Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1839-05-09

Congress been invested with no othe
power than that of ''erciuSiue jurisdiction
over the ten miles square" tould there b'
any quesl0n with regard 10 The extent o
their power! Or would it have been al
lodged in that case that all laws passed by
Congress were essentially national in ibe
character, and operative without, as el
as within, the limits Of the District!
presume not. sir; because the, power OF e1
clusie Legislation which Congress exer-
else over The District of Columbia can be
Of no grealer ertent than il such power had
becn The only one conferred. Congress
cannot exercise exclusive Legislative pow
er over the States. because Of the reserva-
lion of pnwer to the States. or to the peo-
pie thereof. Even over the "ien miles
square" the power of Congress is limited
by The acts of "cession." With what pro-
prieiy, then, can il be conIende,l that be-
cause law is passed by Congress, il is
! therefore, law of the United States, and
Of universal obligation? No, sir; when
ever Congress legisla'e in virtue Of their
local and exclusive jurisdiction over the
District Of Columbia. they act as a local
or municipal Legislature, and The acts
passed by them, in that capacity, are linn.
lied in their operation to The territory OF
The District. A law of Congress, TO have
the effect of law Of The United States,
musl be passed in execution of some Of
The federal powers, or, in other words,
in pursuance Of delegated power. But
| oil % nT ,f
The power to exercise exclusive legisla
lion over The District of Columbia. are To-
cal or municipal in their character, and
cannot operate extra-terrforially, or be-
vund The limits of The District. True,
there are certain laws passed by Congress
which have "a local reference TO this Dis
tricl, and which proceed from the Dele
gaIed puwers wirh which Congress are in
vested. Acts appropriaiing moneys for
The erection of public buildings. &C., are
of this description. These acts, although
local in their immediate operation, have
reference TO national objects, are passed
in virtue nf the general legislative pow
ers, and are general or national in their
character.
Congress can exercise no power by vir-
tue of he 10th article The 9th section of
the Constitution over the Distric, OF Co
lumhia, that it would moi have been com
petcnt Tor Maryland and Virginia to have
exercised prior 10 making the cession.--
The exclusive powers of legislation"
therefore, possessed by Congress over the
'',en miles square,. are of The kind which
were never delegaed>l 10 The General Gov
ernment, but reserved TO the States. ro
say that the power of exclusive legislation
conferred upon Congress by the 10Th arti
Gle OF lhr 9Th section of The Constitution,
embraced any OF The general powers con-
tained in any Of the fifteen preceding arti-
cles of the 9Th section would be TO charge
The trainers Of the Constitution with grant
ing "A repetition of powers by distinct arli-
cles. This is uOt To be presumed. Neither
Is il 10 be presumed that The trainers Of
the Constitution, conferred upon Congress
Federal powers concurrent with existing
Stale powers. No, sir: The trainers of The
American Constitution, as wise and parri-
otto men, conferred no powers upon Con-
gress that were calculated TO beget strife
and contention. and instead Of promoting,
mar the harmony which ever onsht tOsub.
sist between the NaliunaI aud State Gov
evrnments. Aud equally wise and cau
iIous were they in combining the federal
and local or Stale powers in such manuer
as that Congress, in discharging the double
functions of Federal and State Legisla-
ture, should not confound, nor produce a
collision between these powers or func-
tons. Thus Congress, repeat. as the
Geuerai or Federal Legislature, exercise
the general powers delegated by theStates;
aud as u local or Stale Legislature. exer-
else, from time TO time, The reserved u un-
delcgaied powea pertaining TO The States.
In the former capacity, Cougless may de-
clare ar, or make peace, "coin money
and regulate the value thereof" &c.,
but cannot legislate with regard 10 the 10.
cal wants and interests of this District
But in The latter capacity, Congress may
Incorporate companies, build bridges. open
slreers-in VOID, supply the wants and
meet the e1igencies of the District, pre-.
cisely in the same manner that State
Legislature may do with regard 10 State.
And the laws passed by Congress in this
State or local capacity, are necessarily
limited in incorporation to the District Of
Columbia, precisely as State law is con-
fined in its operation 10 the State limits.
Ifthe laws passed by Congress in their To-
cal legislative capacity had The effect Of
the United STATES laws, the Banks of this
District would he United States Banks;
and the Insurance Companies y. States
Insurance Companies.
The District Of Columbia is, in; all re-
spec.s, whether as a sovereignty or as a
community, as much Independent, Of the
Federal Legislature, when acting in lheir
federal capacity, as are Georgia and North
Carolina, or as those States are of each
olher. The Federal Legislature, there
fore. as such, possess no more power over