The Madisonian., 1840-02-01


sion of particular States, become the seat OF
Government Of the United States, and to ex-
crcise like authority over all places purchased
by the consent OF the Legislature Of the State
IN which the same shall be, for the erection OF
forts, magazines, arsenals, dock-yards, and
other necdu buildings - the words, which It
Is argued by the gentlemen, mparis this tre-
mendous and unqualified power over the peo-
pie OF The District, are, = 10 exercise erctusire
Legislation IN all cases uhats0erer' Let us an
alyze Tor a moment these terms, ,and see ilthey
are fairy susceptible OF so exclusive an inter-
probation. Does the expression " to exercise
erclusire legislation" impart this unlimited
power certainly not for tue word - exclu-
sive" according 10 the most approved lexacog-
raphers merely signifies shaving the power
of excluding debsrring from pariicipa-
tom "opposed 10 inclnding," excepting"
and in The sense employed in this clause Of
the Constitution, signifies power OF leglsla-
lion, exclusive Of all other legislative power,
but does not indicate unqualified, and unlim-
tied powers Of legislation. BY the ccsslon,
Virginia and Maryland could not have inn
parted such mass of unlimited powers, nor
could Congress have acquired them at the
time of the cession, the District was sub
ject 10 the Legislative Jurisdictions Of Viz
ginia and Maryland, and this provision does no
more than exclude those Jurisdictions and
confer il upon Congress.
But, it is contended, that the words " in all
cases tchatsoerer," embraces the whole circle
of legislative powers and conters them upon
Congress. Can this be so, Mr.. Speaker!
Do not these few words destroy the whole COM
plexon of the Constitution, and PROSTATE at
the feet of despicable aristocratic despo-
tism all the Constitutional rights and privi-
leges of the citizens Of the District Ii this in
depreciation be true it does. Let US examine it,
and see if it be true. Ii these words convey
this unchecked aud unlimited power of legis-
latlon, then are all the barriers of the Consti-
tuition interposed between the Government and
the citizen broken down, and the acts of Con-
gress alone, liable every day to he altered
amended or repealed the only Constitution Of
the people of This District. This would of
itself be a sufficient refutaton ofthe argument
But, sir, let it be remembered that the fourth
and fifth articles which have read, are arti-
cles Of the amended Constitution, adopted
after the ratification Of the Constitution con-
tanning this power of " erclusire legislation"
and are in themselves limitations and restric-
tions upon this exclusive power Of unlimited
legislation even if it existed before the adop
ton Of these amendments, and are as avail
able to the people Of this District as to any
other portion o.: the people of the United
States. If under the wide range of these
words erclusire Legislation in all cases ,rhat-
Scorer" contcnded for by gentlemen, Con-
gress has power to abolish slavery in the Dis
trict of Columbia, it has power at its discre-
ton to seurch and seize the persons, houses,
J.Ha IF ,,f tha lie
trict-take from them the right of trial by
Jury, and confiscate their property without
compensation for these great rights, these
great sureties against tyranny and oppression
are not more strongly secured by the Consti-
tuition, than the rights Of property. in slares;
and if one can be broken down, SO can the
other. call upon gentlemen who maintain
this claim Of wholesale power, to point out in
what part of the Constitution these great at
tributes Of liberty are secured against the
power Of this Government, by which the
right Of individual property is not alike Sc
cured. They cannot do it, for the same arti
cles and the same clauses which secure the
one, secure the other.
But, sir BY way Of conclusive illustration of
the truth OF my position, let us reverse the case.
Suppose, sir, instead Of the location Of the
District here, for the constitution makes no To-
cation, it had been made in non-slavehold-
ing State, Pennsylvania or New York, for in
stance, and the people Of the South had petit
toned Congress to institute slavery in the
midst of non-slaveholding people; what
would Pennsylvanians and New Workers have
said Would this clause of the Constitution
have authorized III and would the representa-
tives from these States have contended SO
manfully, for the reception of such petitions
No, sir,-no The case would have been
altered, and their sentiments would have
been altered, when we were seeking to con-
form their institutions to ours, instead OF their
seeking to conform institutions to theirs
We should then, have heard but little of this
immense sweep of legislative power, and the
danger to which the great right of petition
was exposed by refusing TO receive such Pc
ttions
But, sir, the article from which this i'm
mense mass Of legislative power is derived,
contains, within itself, its own Interpretation
and the motive of its adoption. In addition
10 the power of " ercluaue Legislation" in tho
District, the power to exercise like autho-
rity over all places purchased by the Legisla-
ture of the State in which the same shall be,
for the erection Of forts, magazines, arsenals,
dock Yards, and other needful buildings" is
also given the object of which was to pre-
vent the clashing Of National and State juris-
diction, to secure National property against
State authority, and the dangerous collisions
between Federal and State authority, which
might grow out Of it, and not confer upon the
Federal Government unlimited and despoiic
power Sir, gentlemen seem MOTTO discriminate
between the power to rsgulate and the po~er to
destroy property. These arguments, Mr..