Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-02-08

siT,ri lno exceeding N lts square, as may, by
cess.an o! past cuiar ; "''s, t"' me acceptance ="
Conrrt S. become t,r SCAT al tle H"Sefhmeh' o' n
n.d - To-. and 10 excrc,sc Like a3taarny over MI
| , - hs.i t,v the consent Of the l.se stature oi
-, g., =, % l,,t In, same s,hl! lie, tor The erection 81
fort. .ay;nrs ar,uals, dock yards. and Other nt'u
c,i h,ll Ey PARTS ni the States OF Virgin: and
MARYLAND j,lavr hodnp Sia''#) btconhnG tue seat ~
tlr Goyerns NJ 81 The 'n' '>la'eS' ava y! ''e
Inn 81 .,,, for ste rrroton al iots, magazines, Hc
80 ,,,t t.,e -,,i.. the exclusive I,gSlAt ON =" On
,,ess ,a,l - t. lt,n ad the question arseS, VINE
Ihr and 90 y hat >lcnr, 'ila g'siat may be WELD
ed over t,r a,blrct q. slavery IN those placcs:
The words at ,'lc Constitution ae, "t' exercise e.
.,,,,s I,,,. ), .;.c IN all whatsoever. What do
,be.a words import: Tie undersigned humb'y submit
that tl.r true :en,es nd an'ng u, that 10 Congress
,rcn,rty IS gwen the p"m"r II irei*"fe tor l'e b'S
met oi Columbia, "oM all r"S'S rhafS0trtr whlch are
tne proper subjects {" fte'S''t'h NO eta'e sa" 'e'S
fat, fo- i, ANA The District, havng d,sr'c i."s'sa-
,nt. ,nd n, representation III Congress, camn"t rg's-
la,. C,r ,.,n Bu the terms "ta al GaStS "h"fS"erT
do no, grant an aseu'e sovereign power To take pr'
v,e n,n,erty far any public use without Just conpei-
sa.,on "a IN The ease OF emancipation by law; bu, only
poacr which may rtea'Gie but Lot dtSfFoy
ana take away the rights OF property in any FORM III
which II was found 10 exist at the time oil the cessiohs
nv VIRGINIA and Maryland, and which can Only take
pr,v,c p,rrnrly Tor public use, with jus, compensation
It's readily admitted, thai Congress, !fg'sa''ng Tor
this D,slci locally has, 10 some extent, power {" e-
o,,l,,,on over the peo;l Of the District which 1t has
not ~ a National Legislature, over tae people oil the
States In other words tins clause does not mean that
the mowers enumerated "a be cAerciscd by Congrtss
over the NaicS and those on!v, shall I've exercised ny
CONGRESS exclusively the nis,cci; Tor many oi
these movers enumerated for HgDndi purposes alone,
are wholly rappllcabl' and all wholly inadequate 10
the various Objects oil municipal r"sua''""s ana laws
Tor winch Congress a"ur can aud mus PROVIDE III
The District. Congress shall, aud Congress ff'd".
s.rtig shall Iegiyiafe for tho District, and III all
cages Whatsoever, Of legislation. IL shall not 90
g IN all cases wha:soev YER what sovereign power
could do bu, il shall ',gjs!a', ony III :" all cases
whatsoever" Congress ma3 hy lac, tand nobody
doubts ~ provide whether .ivc property IN The Ds.
trict shall b. held f":sona! az mixed "s'ai" "ht
Their they shall descend land, or r distributed as
personal assets; what share OF them The chic, "hat
share the widow shall have III case "i in sacy h""
they may bc disposed Of, by m or deed may author
iZe the owners to manum them Use, and all such
acts these for instance. Congress may 90 IN the
District winch Cannot dc, under any al tbr emu
merat d national powers, IN respect 10 Tie States =
Bu, beyond tIs power al hcjSiaoa cannot %, even
IA thr District. Ii cannot emancPa'e the slaves III
the District, without assuming sovereign and a1s"-
nte power not conveyed hy the gran; oi the power OF
eNcusee Legislation IN al eases ia's"c't' Tor 'ha
~ act nf sartrtfnHi9. ana not oil Legislation
10 prove that th,s exclusive power oil lrgsial'nn'
IN all whliSurvrr, is not IN absolute ana IN
limited pnwer-ilat this grant, IN It's form an" sun
stance does not give 20 Congress ia SGPreme P''rr
Ia prescribe any law IN the District Vi Cuum5a, 10
Parliament may IN the Kingdom OF Great bfia'n-we
hage but u advert 10 other clauses oil the lons''u'ioh
and 10 the results which would ioiio" the Gro: Z"
the conclusions that it IS an absolute puwcr OF ltgsia
ton.
There are certain clauses of the Constitution which
restrain Congress, as The National Legislature, from
passing certain lawsns that winch i"IbIaS the sns-
ne nscn of the writ Of tqbeaS corpns the passage OF
bill ot atlander, or past aCo Law law respect
inr the establishment Of religion, or prohibiting The
fee exercise thereof, ahsdging the freedom OF
speech Of The press the right ri The peor!. I,
assemble and petition or Tie right oil the penpie 10
keen aud bear the right II br secure III per
sons houses, papeis, aud effects "nnr shall private
property be taken for public without Just conpen-
sation Now, though Congress has "eAclus'Ve legs
laton in all whatsoever IN the District oil 10
umba will be con,ensd that II has unlimited power
to impair any al these PROVISIONS within the pisuic'
Of Columbia
Again Congress rs prohibited from passing certain
laws which would he partial M their operation as be
tween the Nat.s, nominc-as III tie clause wh'ci
prov ldes that "no tx other duty shall te lard on
articles exported from any State No preference sluii
be given TO the ports OF State over those oil eRo-
ther nor shall vessels bound 10 or from ono Nate &c
obliged to enter, clear, or pay duties IN a"ofhc' -
Now the District uf Columbia is not mentioned IN
these provisions and yet, can Congress pass Ia"
taxing articles exported from Alexandra Can II
give preference to the ports o the District at Co
lumba over thos. Of The States Can II ohhge YES
sells 10 or Staes enter, clear, pay duties
~ The District Of Columbia though none Of these
clauses embrace The District Of Columbia by name
Again The Constitution requires certain duties
and obligations be performed and observed from one
tae another. 'rhp CT OF each State shall be
entitled all the pfv,ls and mmnDes oil citizens
IN the several States Can Congress deprive any c.
nzen oil Stife oil any privileges and 'mmunI'ies o'
citizens in lie District OF Columba, because the DIS
tect al Columbia, n0aiins, IS not named III Tins
clause Farther 'No person held to or labor
Tafe under the laws thereof, escaping into ano-
tlsr, shall N consequence OF any law or regulation
therein be Discharged from such service or labor, but
shall he delivered mp clam o thu party 10 whom
snc' service or labor may be due VIII II be contend
ed that because the District Of Columbia, not here
in named, Congress can pass Law for the District,
which would free every fugitive slave ''the moment he
sets hrs foot upon the soil of the District
Again: The Constitution prohibits the States from
DONG many aca, without naming the District oil Co
unba in the prohibitions. ono stoic shall enter into
treaty, alliance, considerations grant letters oil
marqae aud reprisal: CON money, &c. tSee arucle
Isl, section n) Can Congress do any of these acts
cor 'iir District Of Coumb,a'
II Congress do Of these acts in the Dis
trick, Notwithstanding ii IS mol expressly restrained and
notwithstanding us exclusive power OF legislation IN
all eases whatsoever IN the District oil Columbia what
becomes .! us absolute, unlimited sovereign power OF
legislation in .lese miles square? There is such
Gnlnhed, absolute, and sovereign power.
The question then arises, by what is this "CIcfnstre
LEGISLATION restrained, We submit that
ls'. Nothing which Congress is expressly prohibited
by tho Constitution from doing in respect to the whole
nation, can 1t do IN the District Of Columbia
81 That all the duties and obligations which the
States are hound by the Constitution to perform and
observe to each other the Legislature for The
District of Columbia is bound 10 perform and observe
III respect TO each and all of the States.
Sd That Congress, legisating for the District OF
Columbia do act and pass no law, which The
States prohibited from doing or passing ny the Con-
stnion.
1th. This power is but power Of trcf1'ire LE@Is-
LsrIoS and no such power can seize, without Jus.
compensation, the property Of ndivdna la'ry and
honestly acquired under existing laws. The Soperesn
power in the STATE may exert this power hut the fe
eiSiatire power cannot Independent oil the express
provision "i the Conslitnt,on that "pr,vae property
shall not be taken Tor public without Just compen-
sation, Judge Marshall IN the case OF Fletcher IS
Peek clearly inculcatcs the prncpe, that the very
nanre OF society and government prescribes The limit
to our legislation, that the property of an individual
may not hr arz-d without Just compensation and that
The act OF transferring the property of an individual 10
the public, in the nature Of The legislature pow
cr." Private property ehn be taken Only for 'pubitc
use tmust be taken. fact, not only with compen-
sa,on but for the weli-undersnod meaning of 'pnb
tar