Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-04-12

I # mower Massachusetts has ccdcd reserved on
en,rrnp into the Unon that has LOUISIANA done nei..
ro NOR less nor otherwise; and any attempt by TINS o,
cn 10 vary the reservations Of either, wouu
b. unconstitutional and void All this results moi 50 l'
from the want OF power IN Inc STATE % hiaHe 'c In,
m s.vcern States could part with what they reascopul
e 1,cnt of capacity in his Government receive any oie
the Constitution had prescribed and of
State Convention might II II would, p-oiieT 10
rovr 10 Law export duties upon cotton power to lhc
President OF The United States TO appoint her senators 70
Congress &c. but these powers would lapse ana revert
tho S,,e for the of capacity in the grantees 10 receive
and ,yecuc the trust SO if n State Convention were ~
nror 20 this right and power to acquire ana
hold lands within her limits upon terms and Tor @
rent from those maintained and prescribed in the
ton the ike capacities would defeat the grant ms
brings us nearer 10 The point where the P.icipe "
serted nav be applied TO the facts. -,
No one has read the constitution undcrsanalnsiy ana III
s,ruc,iyly without being struck with the instances IN
which this eqap Of tie States, have spoken o. has been
fenced around bv special provisions apart and besides lis
general tenor and the obvious nature and purposes OF n
Union as ours Such the apportonent Of capitaon
and direct taxes Federal numbers the exemptions Of en-
morris from duty the withholding of preferences OF the ports
Of one State those OF another the dispensing WIN
clearanccs and duties in the coasting trade between the
States the privileges conferred upon class Of Citizens
in each Stale 10 ENJOY all the privileges which The same
classes of citizens ENJOY in any Of the other States whcre
such privileges may be claimed making ai duties h!os'
and y,s,s uniform throughout the United STATES, &c, &C
Instances quite marked are to be found IN ie SANG m
struucnl o the salnary dread Of the cncroacments III ic
Federal upon Sate power; and the memo able ana INV
tenth anendmeut the goody offspring OF that scn'i-
mcnt: u the of all the State calousles seems 70
have been display in debarrng the Federal Government
from ;g,iold llc limits of the States through ta'
reservation, that even under the sterncst uoc
necessities The soil Of State could not be appropriated ~
Federal usc and until its solemn assent had been
uyen under all forms Of legislative cesson ii tonor-
row il we're determined in Congress to be OF urgent por
lance that tho United States seat ol Government should oe
removed district mot exceeding ten miles square WIN
in the borders Of the State Of Ohio-ii Congress should
unanimously both Houses vote for the measure and b.
sustained therein BY - Of the 80 States u The mon
the fail without and until the State oil ONO
a.. lind ind
with like unanmity and Ike support from the States, prof.
red purchase site for toTr within the cartilage oi IT.
GINA and in season Of peace rhe" no military "ecSssny
under The porer rds imminent and overwhelming, II
could be done without and until the Legislature Of r.
gnia had given s formal assent thereto must be rsi IN
this unless grossly mscoEstrued the meaning oil the
Eth clause Sth section Of the Isl article o the con-
stution. That clause concrs the power on Congress-
40 exercise exclusive legislation in al Whatsoever
such District mot exceeding ten aies slarc ~ may
Iy Of particular States and the acceptance c Ton
press become the Government of the United states
and exercise like authority over all places purchased 0
Tie Of tie Legislature ef The STATE IN rtct The same
shall BE- the creation o forts magazines arscnaiS dock
yards and other neediul buildings
Ii may be aai know that ''the consent of the lc.sla
ture Of State is only needed where jurisdiction ard the
right exclusive legislation il wanted and conferred ana
thai where the government the land without tie N
rsdiclian and the right ol legislation, il can acquire ana 'd
lands State for any other purpose Now III reply, de-
nand know what other constitutional purpose there can
be beyond those enumerated in the above clause Tor tins
vcrnncnt Ia acquire and hold lands within the Limits oil
State! For my part, can none, and what IS more TO
the purpose the CVarenti0n none, or d9aotsSS T0a
hare ncluded them The tore"Ojng enumeration. That
enumeration constltuonaly excludes all non-enuta!-
ed objects for the holding Of such lands and this view
Of the matter gathers strong confirmation fiom tile cir
cumslance that there could be no conceivable oDcrt
for which this government could acquire and hold lands
in State which would not draw after II polii-
zeal necessity quite could exist in the matter OF
forts &C. for investing this Government at the same time
with exclusive right of soycrcgny jurisdiction and e-
gialaon over it, Property acquired and holden by this
government without the legislative OF State either
carries exclusive jurisdiction and legislation along with H.
il does not Ii docs, the clause conerrlng That JS
hction and legislation in the enumerated cases Is the ncrcSt
snrpusage and amounts to nohing-and he enumeration
itself is without force and without ii II does not,
that jurisdiction and Legislation remains with the State
where the property situate, and subjects tue lands like the
lands Of individuals 10 the taxable cyes and contributions
OF the State Take either conuncture, and leads 10 abb
surdies equally prrous and monstrous for according 10
this this government either possesses The unlimited power
without Constitutional purpose, IN purchase ard withdraw
from State taxation any quantity of the lands within the
limits of the Sate--or il invests The State with a
| power ad fditam To tax and 10 seize and sell for
| taxes the public property Of the Union. Can a mo-
tive be ascribcd the sagcs Of the Convention for
tabsng relations between the State and Federal Govern
mcnts 50 anomalous, antagonisc and disturbing Would
the Convention after having forbidden this government io
acquire and hold lands within State, without lis consent
for the important and necessary objects Of forts
zines arsenaa and other needul buildings have
DISTINCTLY fl 10 be implied that could acquire them
there for all other Objects without and against State con
sc and after acquiring them in this irregular way,
ile might be, the very which the Constitution
had provided for through different mode Of acquisition!
Are there any conceivable circumstances under which the
Convention could have orescen and designed that the Fe
ri should become subordinate 10 the State authority by sub
jecng any landed property of this Government within
State recognised Federal property by the Constitution, 10
the political action and fiscal burhens VI State legislation =!
The chary wisdom OF the Convention i'm all other things for
bids 10 think YET see how Congress has been
tatirg and tracng with the States touching the public
domain within their several borders for half century past
commencing with Ohio in 1902 and ending with Wisconsin,
in 1911 making lge ccssons OF territory with per centac
tho Df Igy
alton, Of eminent domain upon the public lands within
their borders through conventional compacts Of renqush
.gith this government Of the sovereign rights III both
title aud taxation Ii is clear past cayi that if the Federal
Government had right under The constitution TO hold lands
within Stale for other purposes than those enumerated
therein that right could not be Affected in any way By the
territory in which they situntc becoming Stale, and
infer that their exemption from State taxation would be
sound deduction the right; what ahsurdy could
be greater len If hi, Sofan for the United States
after year for fifty years 10 make solemn conpacs with
the States relinqush in favor of The former rights o
eminent domain and taxation which The latter asscssc
and never could possess he constitution conferred TIC
right upon this Government Ia hold them in State As
suppose tnat many Congresses and for such
length OF time would have sanciioncd!tnd cXac,od such com
pacts with the States, il they regarded them when made
utilities, and constituonaly absurd. wc arr
TO supposa ,a, they REGARDED tnci as accom-.
nising real objects and avcr,!n. most important
queLcrs. Ii they did there alternative hypothesis
10 accoun; for hy they did So but simply and only that in
the 1paion u all these Congresses, tic I'll Fed
eai Territory INT" Sovereign >t't woai' IN me 40
compact III refine ishncn invest the STATE with
q rlg 10 The DGblc domain Hi'ln ne
-nji At aibut from the wan, vi Constitutional right IN
this Government hold them longer; aud The Federal
Go;cnmeui in Withdrawing her sovereignty 10 make room
for the so"c"gny Of the State, withdrew her title IL thu
public DOMAIN which part Of H. the Federal title laps
inc the lands wou, naturally cschet the Commonwealth
.tatr Tor The Of That Congress has
bccl right in the io,t ne has manifested for fifty years
ha state sovereignty ri ferTiiai removes and cx-
cuies lroa The public domain Federal sovereignty and
ll, too have not the shadow al a doubt and shall
be deceived and amazed if the Judiciary shall
confirm that doctrine be it tested when il may That The
coEFac,s made with the States Ia vc hitherto avercd
evil and worked WELL is bc denied matter Of c
how i; would be matter Of h brought that j.
another question The safest u! all L. admit
Il State into thr Union until all The public domain oi
value has been disposed o. Where however, high pub
lie interests urge her admission before this has been done
r next best thing which this do is, draw
her into compact Of ACCOMPLISHMENTS for though State
iGre he Intellectual 10 confer Jorer this government
acid land within her limits if the Constitution iobids it.
the States abandonment Of title all temptation
% destroy to modest that right Of sgferanc ol which
hive spoken.
In what have said have had mainly in view the origin
At thirteen States; for the Convention have mainly
boxed 10 their existing and future condition to guide them
the partitions OF sovereignty il engaged upon. The
Federal Government al that time, existing but posse,
of course without foot OF soil within the borders either
Of the States for any purpose. The Convention upon fall
ldeliberation after estimating all the