The native American., 1839-03-02

raught with tyranny and despotism and 50 Ut
erly Iepugnant to the great principle upon.
which our Institutions are founded-the right OF
The people 10 be represented, or III other words,
the right OF the people TO self-governnent! Let
him who. would strike at the rights OF COM
munity remember that the blow would be equal
~ dangerous to l6,riy, as if aimed at the rights
of indipidaals. II shall be told, of course, that
BY the 10Th article Of the 9Th section Of The Con
stitation OF the United States, Congress ha,
exclusive jurisdiction over the ten miles square
Well, sir, how are we to understand this exclu
sive legislative power? Why, sir, in the frs
place, it was evidently the intention OF the ire
mers OF the Constitution TO exclude from tn
territory embracing the seat OF the Federal LIE
gilature the jurisdiction Of the States whic
should cede such territory, as well as all oth'
State authority. And, in the second place, thu
Congress, as the local Legislature Of such Dis
trict, should assume the jurisdiction and exercl'
the legislative powers surrendered up by IN
States which made the crsson;" aud Congress
in pursuance Of this right of exclusive jurisdit
tion, exercise the same legislative functions ovt
the District Of Columbia, when acting in the
local capacity, that The State Legislatures d
over the States. When Congress. therefore,
act IN pursuance Of their exclusive Legislative
power over the ten miles square, they abando
their natioRN functions and assume the function
of alocal or State Legislature; and all the law
passed by Congress, when acting in this luct
capacity, are limited in their operation to tn
territory comprising the ten miles square iu,
as the laws enacted By State Legislature al
imperative beyond the limits Of such State. !
other words, laws passed BY Congress in theit
local Legislative capacity, are no more obligator,
beyond the bounds of this District than a,
laws passed by the Legislature of Maryland, f
example binding beyond the limits Of Mary
land. In this opinionI am fully sustained by
decision Of the Supreme Court Of the Unite
States The Court decided that the tickets in
lottery authorized by law Of Congress With
the District Of Columbia, could not be yended
the State Of Virginia, in contravention of tn
laws Of that State. (Cohens rersus Virginia.)
The general or national powers which Con
gress exercise orer, and which are binding upo,
the States, were delegated By The States; and tn
powers Of exclusive Irgis)aion,' which Congre.
exercise over the District Of Columbia, an
which are effective only within the District
were derived from the States Of Mary land an !
Virginia, BY virtue Of certain acts in which the
ceded to Congress this District. Had Congre,
been invested with no other power than that 4
exclusive legislation over the ten miles square.
could there be any question with regard 10 tn
extent of their power? Or would it have bee
alleged IN that case that all laws passed BY Co,
gress were essentially national in their charac
ter, aud operative without, as well as within, tn
limits OF the District? | presume not, sir; be
cause the power Of erclusire legislation which
Congress exercise over the District Of Columbi
can De OF no greater extent than if such powe
had been the only one conferred. Congress car
not exercise exclusive legislative power over til
States, because Of the reservation Of power
the States, or to the people thereof Even owe
the ten miles square the power Of Congress
limited BY the acte of cession. With what pro
priety, then, can it be contended that because
law is passed by Congress, it is therefore, a laa
OF the United States, and Of universal obligation?
No, sir; whenever Congress legisate in virtue
d their local and exclusive jurisdiction over
he District Of Columbia, they act as local o..
Legislature, and the acts passed by
hem, in that capacity, are limited in their ope-
alton to the territory of the District. A law
u Congress, to have the effect of a law Of the
Cnlted States, must be passed in execution o.
'ome OF the Federal powers or, in other words,
in pursuance ofdelrgated power. But all laws
Of Congress passed i'll virtue of the powerto tx
ercise exclusive legislation over the District o.
Columbia, are local or municipal 10 their cNarac-
ter and cannot operate extraordinarily or be-
yond the limits Of the District. True, there are
certain laws passed by Congress which have a
local reference to this District, and which pro-
coed from the delegated powers with which
Congress are Invested. Acts appropriating mo-
neys for the erection Of public buildings &C.,
are Of this description. These acts although
local in their immediate operation, have refer
ence to national objects, are passed in virtue Of
the general legislative powers and are general OF
national in their character.
Congress can exercise no power by virtue OF
the 10th article Of the Sth section Of The Consti
tuition over the District of Columbia, that il
would not have been competent for MARYLAND
and Virginia to have exercised prior to making
the cession. The exclusive powers Of legisIa-
ton, therefore, possessed By Congress over the
ten miles square are of the kind which were
never delegated to the General Government, but
reserved to the States. To say that the power
Of exclusive legislation conferred upon Congress
by the 10th ,arcIe Of the Sth section Of the Con-
stit:tion, embraced any of the general powers
contained in any fthe fifteen preceding articles
Of the 9Th section, would be to charge the fra
mcrs of the Constitution with granting repeti-
ton ofpowers BY distinct articles This is no.
to be presumed. Neither is il TO be presumed
that the trainers of the Constitution conferr4a