The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-03-21

.quai hisu attrioutes oil Tree citizenship with
himself. and, in addition, clothed with certain
powers Of government which were ordained
TO be exercised in subordinaiion TO the funda-
mental law "ior the greatest good 10 the
greatest number" When the funciionary is
asked to do something just and wise, consti-
tuiional and expedieni the public veal creates
upon him an obligation to act in accordance
where, on the contrary, he is called upon to
adopt some measure violaiive of the Constitu-
tion, unjust and mischievous in its effects, and
wantonly infringing private rights, there is
upon him as high and imperious duty to
deny II. OF the operation Of these various
considerations in connection with any subject
there must be some Judge, and the functionary
caiied upon TO act Is, Of necessity, and const-
tutionally that Judge. But all these grave
characteristics OF measure may and some-
tunes do, exist and operate in its considera-
ton and where this is the case in so great
degree as seriously TO menace the rights Of
properly, or to leopard the repose and secu-
rity OF the country, it is certainly the high
duty OF the iunciionary to refuse to consider
! admit that the case must be strong to Justify
any OF the officers Of Government in taking
this position; and when they do so they are
responsible, just as Congress is, for passing
wise and Wholesome laws, or such as are i'm
polilic and mischievous. As general rule,
the ofiicer 10 whom the petition is addressed
must have power to do what he is asked to
perform, to impose an obligation on him TO re-
celve u. 10 say that governmental func-
tionary is bound TO hear and consider petit
ton which would be gross usurpation Of power
IN him to grant, is paradox. Any citizen
at fba
and petition, or request, or insist that he shall
have the laws faithfully executed but no one
can claim 1t as right that this officer shall
near and consider his petition to declare ioar,
or create titles Of mobility. Every person has
the right to petition Congress to pass natu-
radiation latos, an uniform system of bank
ruptcy, or laws in relation to subjects over
which Congress is invested with legislative
power, but no one can with truth assert that
ne has the right to be heard when he petit
tons us to establish state religion, or to
change our form Of government, and introduce
The A'ngiy office and an hereditary uistocracy
10 reject such petitions would be patriotism,
and the performance Of duty by Congress, and
the petitioners would have no just cause TO
complain that they were wronged What is
The fitness, the good sense OF the right of Pc
,iion 1t is that the thing asked may be
granted. Il would be very absurd to petition
Congress to grant light, or rain, or health, and
it is but little less SO to request il to legislate
upon subject over which, in our government
Of delegated and limited powers, il has no
jurisdiction. 1t may then be considered as a
political postuae, that if Congress has no
power to abolish slavery in the District of
Columbia, no person has right to petition
Congress to do it,
assume the position, that Congress has no
power to abolish slavery in this District
lnattempting to maintain it, do not rely
upon the argument that the Legislatures Of
Virginia and Maryland, not themselves hav
ing the authority to abolish slavery within
those portions Of the District, which they re-
spectively ceded, could not confer power
which they did not possess; and therefore, as
Congress derives It's powers over this District
from those cessions, it has no Legislative ca
pacity over the subject. The jurisdiction Of
Congress is not derived from these cessons,
but from the Federal Constitution. Their ef-
feet was merely ito withdraw the coded terri
tory from the jurisdiction of the States; and
the investiture Of power in Congress is, by
the operation Of the clause which empowers
it "to exercise exclusive legislation in all
| cases whatever, over such District, mot ex-
ceeding ten miles square,) as may, by cession
of particular States, and the acceptance of
Congress, become the seat Of the Govern
ment Of the United States" Upon the cession
by the two States, and accepted by Congress,
the power before dormant, imported by the
phrase Exclusive legislation" became ac-
tive in its fullest constitutional sense over
this District. Neither of the Legislatures of
those States was competent to impose any
conditions or limitations whatever upon the
powers Of Congress. The Federal Consti-
tuition was established by the people of all the
States and if the operation of this clause is
qualified by the terms of the cesson, State
Legislature and Congress would have mod-
fled the CONSTITUTIONAL most preposterous
position. The legislative power Of Congress
over the subject, is plenary and complete,
unless its scope is crcumscribed by some
other provision and principle Of the Federal
Constitution.
One of the most important objects of all
government is, to secure private property to
its owner. The right Of individual property
is recognised by the common law, and by uni
versal law; and it not only inheres as a gene
Iai P'hciPie III our 10TH oi government, put
It IS expressly recognised and watchfully
guarded in the fifth article Of the amendments
OF the Constitution. Our jealous fathers
were not satisfied that this great right should
be environed by all the delences which the
common law, universal law, and the spirit of
our system built up around around it but
they inscribed upon the foundations of the
Government, that no person shall be de-
priyed of life, liberty, or property, without
due process of law; nor shall private pro-