Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-05-12


States touk its place. That Of Virgins, may
be said to have oVershadowed it, or hung over
it, like cloud This cloud simply rolled back
aud aoother, that representing the sovereignty
OF the United States, moved forward, and oc-
cupicd its place. BY this surrender Of soVer-
eighty, the United States acquired 10 property
III he soil.
The sovereignty of Congress over such dis
trict is not, then acquired from Virginia. It's
power. imposed uyou Congress by the people
ofMc United States. Virginia could not have
given to Congress any such power. 1t is en-
lirey derived from the constitution OF the Uuit-
ed States, and obtains all its force from this
clause of the constitution. This sovereignty,
too, it will be seen, is entirely independent of
any property 10 the distric'; and has no conuec-
ton with the Idea ofproperty, or ownership.
j., BUILT Will be seen, that the sovereignty that
Congress has over the places mentioned IN this
iu such places. They must be purchased by
the United States Congress does not have
the power Of exclusive legislation over such
places, unless they are purchased, with the con-
sent OF the Legislature. Purchase alone does
not render them subject to such power: nor
does the consent OF the legislature alone Both
must concur The legislature could not, alone
empower Congress to exercise such legislation
Congress could not acquire such power from
the legislature.
1t will thus bee seen, that the sovereignty
which Congress has over such places, depends
without such property. The word purchase
ownership implies the full right of dispostiou,
md ho rod md, .,,hf ho
come absolute, or qualified owuers; if they are
perty. But when they cease to become owners,
wheu they DO logger have property in the
places, then their sovereignty over such places
eignIy, must depend upon the extent of the
purchase; if the purchase is limited in time, the
sovereignty must be SO limited.
"Withunt being, therefore, required to main
tain, that the power to exercise exclusive legis.
latoD must be perpetual, over the places men
toned u the latter part of the clause under
consideration. at least, any father than We have
indicated, We do contend, that it must be so, ne
cessarily, 10 the district which has once been
coded by particular States, accepted by Con-
gress, aud thereby become the seat of govern
ment.
Congress did not establish the seat of gov
ernmcnt. This was done by the Constitution,
which declared, that the result of two acts, Que
by CoDgrcss,an one by particular States, should
b., that such territory should thereby become
the seat of government Ii was, then, the
constitution, that gave to Congress the power
to legslate over such district.
There can, then, be no substantial ground
for saying, that Congress can dvest itself of the
power of exclusive legislation, over the district,
which has oucc become the seat of government,
in the mode provided by the constitution, and
transfer such power Of leg islation 10 the Stale
Of Virginia
1T will be observed, that the enactment of
cession by Virginia, is, that the same is here.
by torerer ceded and rellnquished to the Con-
gress, and government OF the United States, 10
full and absolute right, and exclusive jurisdic-
ton, as We'll OF soil, as of persons residing, or
to reside thereon, pursuant to the tenor and
effect Of the eighth section, of the first article, Of
tue constitution of government, OF the United
States" This shows the construction, put
upon this clause, by the Legislature of Virginia.
Does 1t not also show most absolute, and un-
qualified REIMBURSEMENT Of all claim of jurisdic-
ton, in the strongest and clearest TERMS that
could be used?
And, after such an entire surrender has the
State the least claim whatever TO such jurlsdic-
tion?
The uucoDstitutionality of this act is, how
ever, perhaps more plainly apparent, from the
fact, that, as showed by its terms, it purpors
to delegate Legislative power. Even if Con
grcss had the power to divest itself OF legsla-
tive jurisdiction over portion of the district
it has never exercised this power, by any con-
stltutional means.
1T will be seen, that it submits the whole
question to the people of Alexandria county,
alone If they so vote, then it is to become a
law othcrwi Use, it is to be void
Section 10 Of the act provided az follows:
''The elector, shall determine, by bao, at
the aunual election to be held in November
next, whether this act shall, or shall not be-
come a law.
THE event, on which the act was made to
take effect, was nothing else, THAI the vote OF
the people, or the identical question, which
the cunstllu tloD makes it the duty OF The iegls.
lature to decide. The legislature has no power
to make State dependent upon such con-
tingeucy, because it would be con6ding to
others, that Legislative discretion, which they
arc bound to exercise themselves and which
they cannot delegate, or commit to any other
man, or men, to be exercised. They have no
more authority to refer such question to the
whole people, than to an individual. The peo-
pie are sovereign, but their sovereignty must
be exercised 10 the mode, which they have
pointed out by the constitution"
'These principles are clear and unquestioned,
10 all cases. And if so, in regard to the legis-
lature, which has all powers not prohibited,
how much more in regard to Congress, with
limited powers
Nothing can be palmer, than that Congress
has never exercised the power even if it had
it, of receding to Virginia, jurisdiction over the
county OF Alexandria; and on this ground, if
no other, it must adjudgcd unconstitutional,
and void. 1t has been said, that the constitu-
tionality of this act has been affirmed by the
Court of Appeals Of Virginia, in the case of the
Bank the Potomac vs.. Mclaughlin Grattan.
A slight inspection of that case will show,
that this is a mistake. A case had been, be-
fore the so-called act of retrocession, taken by
appeal to the Supreme Court of the Uui,ed
States. Upon being decided there, it sent its
mandate to the Circuit Court of Alexandria
county.
t.Tbo ,ro,t;o, hsfor. tho Hourt of Anneala