Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-08-20

PRRsoNAL.-General Fremont 10 in Den.
mark. ....Senator Trambull 10 in Montana
''''Mr. Peabody is decidedly better. ....Sen.
ator Spraeue Is soon to return to this city
''''Gen. Van Wyck, Of New York, has re.
Gently married Miss Broadhead, Of Milford
Penn.
The MOBILE WHISKY FRAuDs.-warrants
have been issued for the arrest of parties i'm.
plicated in the Mobile whisky and tobacco
frauds, Known IN the Treasury Department as
the Ann ID. case, schooner Of that name being
represented a. engaged In the transpor tatiou OF
the whisky and tobacco to Tampico, Mexico
clearance papers were obtained for her, and, II
u.s. Is anegeo' man named Walker, then revenue
the omcial certificate of ,96S barrels whisky, 99o
boxes Of tobacco. The evidence shows that the
vessel was not at Mobile at the time named,
and had no capacity to carry freight. Only loo
OF the 1,966 barrels Of whisky were shipped
from Cincinnati TO Mobile. The records OF the
collector OF internal revenue show the whole
warehouse, but the tax of Sls7,U127s was
not collected, as the Law does not REQ uire the
payment ON whisky intended for expectation
, Inc bonded warehouse is carried on by
Leonard q %, but Ii is believed no such nrm
EXISTED, and was used As blind By the wins. .
kv ring, who, ii Is alleged, shipped q part of
the whisky in bond from Cincinnati, pretend.
Ing to ship all, and succeeding in gettlpg the
remainder on the market without psyment OF
uax. AT Mobile papers were procured from
customs and internal revenue officers show.
ing that 1t had been shipped to Tampico, but
not barrel was ever shipped there. Blank
receipts, with the name Of the Units d States
Consul at Iampieo signed to them, were pur.
chased IN New Orleans, and show the arrival
OF tne WHISKY there, so that the records Of the
several departments of the government show
the whisky was shipped from Cincinnati to
Tampico, when, in fact, il was put ON the
market without paying the tax. One party
yU hnr q =
Cincinnati.
THB NATIONAL CAPITAL-Ir CANNOT BIZ
REMOVED EXCEPT BY CONSTITUTIONAL
AMRNpMRNT.-Mr. N. Sargent, Commissioner
OF Customs, has been looking up the laws estab-
fishing q seat of Government for the United
States, and has prepared an article to show
that Congress cannot remove the capital ex.
cept by an amendment to the Constitution. He
says:
"Among the powers enumerated az given TO
congress BY the Constitution, is the power sto
exercise exclusive legislation, in all cases
whatsoever, over such district mot exceeding
zen miles square) as may by cession Of partic-
uiar States and the acceptance OF Congress be-
come the seat Of Government Of the United
States
"By this clause of the Constitution the seat
Of Government of the United States was es.
tablished within the district which should be
ceded by particular States and accepted by
congress. Inc present District OF Columbia
was selected for that purpose, ceded by the
States OF Maryland and Virginia for the same
purpose. and accepted by Congress, as we shall
see.
On the 10th of July, 1890. Conpress nassad
"An act for the temporary and permanent
seat OF the Government Of the United States,n
the hrst section of which declares ssthat a dis
rict OF territory, not exceeding ten miles
square, 10 be located as hereafter directed on
the Potomac river, at some place between the
mouths OF Eastern Branch and Conego-
cheague, be, and the same is hereby, accented
I2r ne Pe,n.anent seat OF the Government Of the
The same act provided for the seat of Gov.
ernment remaining temporarily at PniladeI.
be prepared here.
In subsequent act, passed March 3, 1891,
lne ooJeet OF which was TO SO alter the bounss
OF the District as to take in AIexandria ths
language used is as follows: land the terri
.ory So included shall form q part of the dis.
ulct, not exceeding ten miles square for ths
permanent seat Of the Government Of TIE United
On the 27th of February, 1901, Conyrsss
passed an act declaring That the laws of the
State OF virginia, as they now exist, shall be
and continue In force in that part of the Dis
trict OF Columbia which was ceded by the said
STATE TO the United States, and by them a.
, ,sspteaJo ne permanent seat Of government; and
now exist, shall be and continue in force IN
mat part OF the SAID District which was cedsd
oy IN State to the United States and by them
accepted accepted as aforesaid" That is to saw,
" "acceptedf0T the permanent seat of gouernm ent.r'
1t appears from the foregoing that the fra.
mers OF the Constitution anticipated that ter.
ritory not exceeding ten miles square wouId
oe cedeo 70 the United States for its seat Of gov.
eminent, by one or more States, and that i'm
framing that instrument they gave Congress
power TO exercise exclusive legislation over
sueh District The cessions were made by The
Staaes OF MaFyiand and Virginia :. for a per-
States" and accepted as such by Congress.
mere, tDen, was compact entered into by
ana On oetween the United States and the States
VI maryland and virginia, namely: that the
territory thus ceded should be and remain .sthe
permanent seat OF the Government Of the
United States" pursuant to a provision of the
Cons nsutntlon. And not only was there com.
pact entered into, in fulfillment of provision
OF tne Constitution, between the United States
and the two States mentioned, but this compact
rs part and parcel Of the agreement or COM
pact which the United States en- tered into With
those to whom the Government sold the lot.
ana squares OF ground from time to time That
tnls should be the permanent seat of Govern
menL was one oi "the rights. privileges, and
appurtenances" belonging to and CONSTITUTING
the largest portion, indeed of the entire r0Ins of
tne property sold. Government could. with
equ uaI propriety and justice, sell mill priyi.
iege, ano lneh divert the stream of water which
constituted the whole value of the property, as
10 now render the property they have sold from
ume 70 ume In this city valueless by emoying
the seat OF Government.
Government is bound by fits counact ana
Congress has no power to undo what was dona
ID SO solemn and formal a manner as nave
SHOWN Lhat the establishing Of "the permauent
seat OF Government Of the United States, here
was done.
1t may occur to the reader OF the above that
the Virginia parto Of the District has been retro.
ceded to that State. But that retrocessiop was
with the unanimous assent Of Virginia, OF the
United States, OF the people retroceded, and
Of the remaining part OF the District No com.
pact was violated.
mR. PKNDL1ToN's LETTER OF AoCRPr-
ANoH-Hon. George H. Pendleton's accept.
ance OF the n omination for Governor of Ohio
10 published. He compliments General Roe.