The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-06-25

ment The constitution provides that the territory
& coded for this purpose shall not exceed ten miles
square. Mr.. Madison, in the debates upon the fed
eral constitution in the Virginia convention, said
that Congress might take one square mile or ten
miles square, as they saw best. The quantity was
within their discretion, provided they did not
take more than ten miles square. | need
hardly have quoted his authority for plain
a position. NV suppose, MIR. Chairman, thai
they had taken al first only square mile, and that
had proved insufficient: will any man doubt but thai
they might have taken more by subsequent
sion, provided they did not exceed the quantity lin
tied by the constitution lfthis be true, would not
the converse inevitably follow that If they had Ia
| ken more than was necessary for the purposes OF
seat Of government they might relinqush to the
ceding State or Slates the surplus, in accordance
with the high considerations of private right and
public policy TO which have before adyerted? II
they had taken less than enough for seat Of gov
eminent, they might acquire more; and If they had
taken too much, they might relInquish the surplus,
30 a. 20 contract the District within the limits prop
er foF The end plated in the constitution. But
It is said that this cannot be done because there is
no power IN Congress 10 transfer territory thus
quIred Any assertion may be made, but IL must
be supported by reason before il can command as
sent. Should legitimate reason exist for changing
or diminishing the site Of our exclusive jurisdiction
the power to transfer il, in whole or in part, has
| been derived from various clauses in the con-
stituton. Different minds, they have been trained
IN different schools of construction, have derived the
power oftransfer from different clauses the csnst.
| tuition Some have derived this right from the DOW.
er TO dispose Of the territory Of the United States
"a clause 81 section, 4th article, Constitution ofthe
United Statesj) others from the power Of exclusive
Jurisdiction this Districts and others again have
believed that 1t would revert 10 the eedng State
from the very nature Of the compact provided for
IN the constitution. My own opinion is, that when
the jurisdiction Of the United States removed from
| the whole or any part, II reveTts 10 the ceding
State or States The United States have powers IN
take the territory by cesson, for the purposes Of
seat OF government Ii is for this purpose that the
United States have power to hold it, and it is for
| this consideration that the States have ceded Il.
When II ceases 70 be the seat OF government, the
right Of the United States to hold il has terminated,
| and the consideration of the Cesslon has failed.
Upon any fair construction Of the constitution, or
Of the compact, it must then revert to the eeding
State or States. The right Of the United States is
determined, when II 10 be the seat OF govern
| ment This construction is strengthened by ano her
consideration. IL Congress has the right 10 remove
the seat Of government, as | have maintained and
believe, It was manlfeslly proper that they should
be enabled TO exercise this right without the consent
Ut any state, and especially of those which sur
rounded the seat of government. | specify those
surrounding the seat Of government, because It is i'm
probable that they would ever consent TO any act
necessary for the removal Of the seat Of government
If their assent were ndIs1 Their interests
would tempt them to refuse their assent. Ii the
constitution contemplated a recession Of the Dis
rict to the cedng States, in the Of removal
Of the seat of government then il could remove this
seat without dependence upon any will but their
own-a high consideration Of convenience, which |
must have been contemplated If the power OF re-
moya was designed to be given. But If the terri
tory could only be transferred by cession under |
the power Of "dispositIon," then the assent Of |
some other government would be necessary; and |
upon every principle Of fair construction Of the
pact, the assent OF the ceding States would be re-
quisite. The ceding States would scarcely assent; |
and the attempt TO them by transferring the |
territory to other States net contiguous would be
rs , under he c G0nsf5StiOn We now
inch for that purpose, unless we could transfer the
whole or portion of that which we now have
live suppose that upon the withdrawal of our
exclusive jurisdiction from any portion OF this Ds
tric il revers the cedng State, then we may ex-
erclse the power OF re moving the seat of government
fit exists at all independently Of any will but our
own; but otherwise we must be dependent upon tha'
Of State governments, which would probably refuse
Now, fthe power exists, as tnink Is uemohSua-
BILE, il must have been intended that It's exercise
should be dependent upon the will OF Congress
alone. This intention only be attained by me
| supposon that, in the event of removal OF the
seat of government the District would revert to the
| ceding State Still, MIR. Chairman, | am aware that
there is a difference of opinion as 10 the clause IN
the constitution from which the power of transfer Is
derived To meet this difference OF opinion more
than one term of conveyance Is used IN the Dill AS
| in deeds at common law, more than one word oil
conveyance il used, to be certain OF using that
! which is precise technical and proper. So this bill
proposes to cede and relnqush,' so as to meet all
the different views to the power under which we
| convey.
| But Mr. Chairman it has been said that the re-
PROCESSION of Alexandra TO Virginia would be vio-
laton of compact. How this be, II we have the
assent Of all the parties to that compact The act
| of cession was compact between the United States
and Virginia. These were the only parties Now
we do not propose TO recede except with the assent
of Virginia the United States, and the people OF
Alexandria themselves. II, then, there be no OBJ
lection TO this bill arising from the constitution or
the compact of cesson, any man oppose 1t upon
considerations of expedency; If Congress holds
/ an exclusive jurisdiction over any portion OF the
country which is not needed for the purposes oil a
seat of government do they not owe 1t to justice, to
policy TO PATRIOTISM to every American feeling, to
restore the political rights Of those who, without
necessity, are now deprived Of them' Virginia Is
ready to receive these people back into her bosom,
and they ready and anxious to return: Ihey
desire to enjoy the rights of men-the privileges OF
freemen. Can an American Congress fail to respect
| such feengi Will they not Use every proper oppor-
,unty to encourage and crafty IL Do no our sympa-
thies follow such aspirations, TO the most distant
lands1 And who sir, are those who now ask this sa'
cred boon at our hands, Are they aliens TO our blood
, or strangers to our tongue' Or are they not our
81 brethren, TO whom we are bound by all the ties oil
kindred, ola common language and descent, of com
nj mon and kindly associations, and OF common inter
h ests hopes and aspirations? Nay, more, SIR; are
= they not bound to US by still nearer tie' Have
they not, like political orphans, been committed II
!, our peculiar and guardianship And how, sir
have we discharged the trus2 Go look to her de
y Ginning commerce, her deserted buildings, and he
: almost forsaken harbor Look to the waste Of nat
: ural advantages and opportunities in that town, suf
. ferng not from the blight Of God, but the neglect
>, man. Look to her staute.b book, numbered as 1t !
% with the remains Of antiqnated legislation, no
a where else to be found in the world: Legislation
!. which seems to have been curiously contrived 4
. keep these people stationary fixed point, ror
at which we could estimate the progress Of the residu
a Of mankind. Look, sir, to her emigrating sons
"a shaking the dust from their feet Of the paterna
70 threshold, not because the mansion is inhospabit
Of but because they enjoy within il the rights
,e men or the privileges Of feemen. Year oy yea! Yea!
IN and day by day, they are leaving the nome o.
youth, because it is a Of death 10 ths nooes
n, Of human aspirations to seek in other lands fire
competition for those prizes wnteh are egar1su