The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-17

80 d. . .
Agss -CcuCess s vrohibi,sd fsom passing cor
tain lsHs which would DO partial In ther opssst'oo
as bstweon the Ssies nssSas ;--ss IN ths clause
whch provides that {" no tax other duty shah be
laid ON articles exported from any Stas. No prefer
ence shall be given 10 the ports of St~ls over
those OF anoth<r shall vessels, bound ~ from
o"< Stole be obliged ~ eaer clear pay duties IN
another" Now the District Of Columbis is not
toned Ia these provision aud yet, Gun Congress
pass Law taxing articles exported from Alex andlis
Can give preference 10 the lsris Of tho District
Of Colunbis svsxt hoss Of tie 5,alesi Csa obligs
vessels 10 or from the States 10 enter clssr or pay
duties IN tbs District Of Columbia, though none OF
these clauses embrace The District OF Columbia BY
namcl fthif aNt t.ilt =
Agsin:-Ths Constitution requires certain duties
and obligations 10 be performed and observed from
one Stale to another. :" The citizens OF each State
ahai DO sntlsd 70 all the privileges and immunies
Of citizens in the several States" Can Congress
deprive any citizen OF Stale OF any privileges and
immunIties Of citizens in the District of CoIumbia
because the District Of Columbia, 20 non:ine is not
named 10 this clause Further ;--r No pei son held
10 service OF labor in one Stale. under the laws there
OF, escaping into another, shall, in consequence Of
any law or rssulatios therein. be discharged from
such service or labor, but shall DO delivered up
on claim Of the party to whom such service labor
may 90 dye" WI be commended that, because the
District Of Columbia is not herein named Congress
can pass law for the District, which would free
every fugitive slave the sets his foot upon
the soil" Of The DISTRICT rtsi ,'-,'.-g'r 4
Again; The Constitution prohibits the States from
dong many acts, Without naming the District Of CO.
lumba In the prohibitions No Sofe shall enter into
any treaty, alliance, confederation grant letters
OF marquc and roprsa; coin money!" &c. (See ar
tela LIST, section 100 Can Congress do any Of these
acts for the District Of Columhisl kem q d
II Congress can do none OF these acts in the Dis
trict anding II 10 not expressly restrained
and notwithstanding its exclusive power OF Legislation
IN all cases whatsoever in the District Of Columbia
what becomes of it, absolute, unlimited sover. ign
power Of legislation in these ton miles squsre' There
Is no such unlimited, absolute, and sovereign power
The question Then arises BY what is this "ercu-
size kgislaiion" restrained We submit that
LIST. Nothing which Congress is expressly prohibit
ed BY the Constitution from doing in respect to the
whole nation can Il do in the District Of Columbia
"a. That oil the duties and obligations which the
States are bound by The Constitution to perform and
observe in respect to each other the legislature for
the District Of Columbia is bound to perform and OBJ
serve in respect to each and eli Of the States.
3d. That Congress, legslating for the District OF
Columbia, can do no sct and pass no law which the
States arc prohibited from doing or passing by the
Constitution. Ts -
4th This power is but power of ercIu ssve LKous-
LATiosi and no such power can s~izs wi,hou, jus,
compensation, the proPer,y of an indiv dual, fairly
and honestly acS uir,d under existing laws. The 50
ssrssGr power in the State may thi, power but
the ityislsss power cannot Independent Of the e1-
press provision OF the Constitution, that private
juss compensation" Judge ManhaII, in the case OF
Fletcher vs Peck clearly inculcsteS The principle thai
the very nature Of society and Of. governm PIE
scnbss The butt 10 our legislation that the property
OF an individual may not be seized without just
pensadon; aad that the act of transferring the pro-
perry OF an individual TO the pubic,s not in the
ture OF the legislative power" Private property shall
be 'akeA only for public u~." Il must be taken, in
TACT not only with compe hut for the well
derstood meaning Of public use." Was the idea
OF emancipation ever conprehended in the meaning
OF these constitutional terms, public ?" For
what public use" Of work war could slave be
said TO be taken, when seized from the owner for
emancipation Emancipation would destroy the pro-
perry, and all of ii, public or private The Gov
eminent may condemn land for public sc Of high
way may ippiess horse for despatch draught ia
war; IRA siaveto defend city, for any other pub
lie use but in all such casts, must make lust com.
pensafon and, in the of the horse slave, the
relation OF Ownership ia the property 10 des-
uoyed or disturbed. Upon the cessation d; the use
the property sstusns I The owner OF master.
9th. This power of exclusive legislation restrain
ed by the deeds Of ce,son from the States Of Virginia
and Maryland, and the accepisncs of them by Con-
grcss The cession OF Virginia 10 in these words
"Bs enacted &C., That tract Of country, not ex-
ceeding ten miles square, any lesser quantity 10
be located within the limits Of this State and in any
part thereof as Congress may by law direct shall be.
aid the same Is hereby forever ceded and reDqushed
to the Congress and Government of the United States
in full and absolute right and jurisdiction, well of
soil as OF persons residing 10 reside thereon pursu
ant TO the tenor and effect Of the 9Th section OF the
lst article Of the Constitution Of the Government of
the United Slntes Prorided That nothing herein con-
tanned shall be construed in the United States
any right Of property in the soil, TO affect the right
OF individuals therein otherwise than the same shall
or may be transferred by such ,sdivduas to the U.
States"
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.'S., % ssa'o" was NOV 20 ASSUME
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