National Republican. (Washington City (D.C.)) 1872-1888, 1875-01-20
The Jurisdiction Of OBSERVATION-DISCLOSURES
to MARYLAND.

| the powers which should be conferred upon the
Sss T0Sd Sd to o. pS
| cable plan to be submitted TO the people but for
the presence Of the wise and moderate Madison,
Of Virginia. 1t was his good fortune to enjoy the
confidence Of the States rights party Of the
country, which was not confined 70 the South,
while he was fully impressed with Washingtons
| and Hamilton's views Of tho
NECESSITY FOR STRONGER GOVERNMENT.
| Whoever carefully reads the debates In the con-
yention will be convinced Of the paramount IN:
| huenee which Madison welded in that body; and
It 10 clear that TO him 10 due the rst honor among
the trainers Of the Constitution. But the people
were far from being satisnsd VIII the results o.
accompanied their acts Of ratification with pro.
posed amendments, which the delegates 70 them
| and make them essential conditions OF the adop-
| ton OF the Constitution as form Of government.
Virginia, New York and other States ratified on
these implied conditions; while Rhode Island and
North Carolina held Rl0oi, outside the new Union,
until the amendments were adopted by the re-
With such views Of State sovereignty prevalent,
North and South, It Is not surprising that tho
| friends Of the Constitution were anxious TO Sc
cure o spot Of earth for the seat Of government
| which would be free from State control. The
champions .O Of states s Fights would h&yS been zen
! power Of fortifying or defending the Capital
| against the state In which It was to be located,
Wish 10 raise an unnocessaTy ISSUE on the point.
| All, therefore, concurred In placing the National
FeseTaI " te4SitoIy II was for sue6 reSsops that
the District Of Columbia, originally ten miles
square, was set apart as the permanent seat Of
| government of the Udited States, aud placed IN
| der the ''eXclusiVe legislation" Of Congress.
| But the first war In which the country was in
| volyed after the formation OF the Constitution,
| and, indeed,
| THE FIRST REBELLION, EXPLODED THIS
theory Of the inyolability of the territory Of the
States. In spite OF the speculatlons OF statesmen
and writers on constitutional law the fact became
| palpable that the Federal Government possessed
| the right to move Its armies wherever the ext
| gencies Of war made them necessary, and to for
tify and hold any spot Of ground which was as
civil war furnishes illustrations familiar to all Of
| this truth. The question was indeed raised
| rashly Taised-by the mob Of Baltimore, and was
| efectually and finally settled in favor of the
| right Of the Executive to pass armies through
State, to invade It, or to hold any part Of 1t when
ever the national defence requires It, On the OPP
| posite theory the Government would he utterly
| pOwerless. 1t would be at the mercy Of any and
every State which may think fit to assail it; and,
| in a word, it would be no Government at all. The
| very notion of government implies the power and
| the right to maintain its existence against all
enemies and If this right be taken away from
| our federative system 1t becomes mere amcable
league, which is binding the parties to it only
| bound.
The notion that there existed necessity for the
| exclusive Jurisdiction of Congress around the
National Capital was fallacy in the beginning
springing, naturally enough at the time, into the
minds OF men
WHEN THE JEALOUSY OF THE STATES
had nearly defeated the formation of strong CEN
| trail government, and when the Constitution was
| an untried experiment. But after eighty-iye
years Of its practical workings, which have de-
monstrated on a thousand fields its indefeasible
right to defend itself, there remains not shadow
of excuse for the continuance of the arbitrary and
| despotic control which the Constitution has i'm
posed on the millions who are destined to lnhabit
| the District or Territory Of Columbia.
| To state the origin and nature Of the govern
ment OF the District is to demonstrate It to be alb
| normal, antl-repubiican and arbitrary. 1t was
not instituted by the subjects Of 1t, by their
cestors and predecessors, the first inhabitants. It
sentatiVes from every part OF the United States
| except the District Of Columbia. Its character
ard purposes have in them nothing analogous to
| the governments established by Congress over
| the Western Territories. The latter are avOW-
eddy and in fact provisional and temporary, and
constitute the almost necessary first steps in the
organization Of the pioneers into civil societies.
| The Territorial governments were instituted for
the purpose of and have exercised salutary
| guardianship over the infant communities Of the
West, in order to train them and discipline them
| for the responsibilities OF independent and self
| governing States. This has been their aim and
end; and, unless more territory shall be annexed,
the time Is not distant when they Will oil cease
to exist. But the Government imposed on the
PEOPLE OF TIE DISTRICT or COLUMBIA
has no such ends in view. It Is a decree Of per.
| petual Acknowledgement, not for tho wgll-being
OF the subject people; net to prepare them 10 the
near or remote future, TO govern themselves; but
Of the States and their citizens. Il lS not "gOy.
ernmont Of the people for the people and BY the
people" but government Of tho people BY fog.
| elgn masters on principles rs arbitrary aud with
| powers As ample rs those which sanction and
sustain the tyranny OF Spain over Cuba,
II must needs DO that the possession OF these
arbitrary and irresponsible powers have tended,
| aud will more and moro tend ~ the subject class
becomes more numerous, TO corrupt ths legIsla.
| tive heart, TO perYert and ALLEVIATE II from the
| national Idea OF republican equality, When
tho District Of Columbia contained only few
thousand Inhabitants, most OF them ofiee.holders,
the business OF making laws for It's government
was too lnslgnlicant TO awaken the public atten-
tion, or TO foster spirit VI oligaEehlal pride IN
| CongreEsmen. But now when the rights and
welfare OF one hundred and tifty thousand, 10 O
few years TO become half million, and then
million Of souls are to be looked alter, the pos
SCISSORS Of so much irresponsible power will nat
urally reason TO the conclusion that
RAO GREAT CITY MAY BE GOVERNED
without representation, why may not great State
and great natiSn2 Already the District is moro
thirteen, to say nothing OF Oregon, Florida aud
Nevada. In another decade II Will surpass Rhode
by inch the public mind and the Congressional
mind are familiariZed with the idea OF governing
great communities without representation. Can
It be doubted that the effect Will be Perniclous in
o high degree2 And can any true lover Of re-
publican government be indifferent to the conse-
duencesP Much of the recent legislation Of CON-
pending measure, which sweeps away the last
vestige OF political rights from the denlZens Of
the National Capital, furnish the amplest Illus
tration and proof Of the deductions here made.
There seem to be but two possible methods Of
taking from Congress aTDlLFhry powers, anu Oh
comforting upon the people Of the District the
"inalienable" right Of selEgoyernment. One Of
these, its erection into State and its admission
Bile, owing to the smallness Of the territory and
population. II States Of far less population have
often been admitted, II was in consideration Of
their ample territory and promise of future great
ness and there is no instance since the formation
Of the Government, except the exceptional cases
from older Statesmen without some violence and
irregularity-Where small territories have been
received mo the Union as States.
THE ONLY REMAINING METHOD
OF restoring the people of tho District to their
autonomy, as Kossuth would say, is by retroces-
sion to Maryland.
doubts have been expressed, am aware,
@eh in TsTsFd y the right of COnSress to retro
cede the District, or any part Of it. 70 the states
which gave jurisdiction over It to the General
Government. confess l am unable to imagine
] the grounds on which such doubts or seruples
were based, and have no recollection Of having
seen any reason assigned for them. The language
o. the Constitution bearing on the subject Is very
plain, and seems TO present no difficulty In the
way Of retrocession. 1t is one Of the many clauses
of the eighth section Of the rst article, and Is as
"Congress shall have power to exercise exclu-
sive legislation in all cases whatsoever over such
District mot exceeding ten miles square) as may
| by eession of particular States, and the accept
snce Of Congress, become the seat Of government
| fly over all places purchased BY the consent Of
the Legislature Of the state in which the same
|
arssnalS, dOck-yards, and other nsedfui build
ingE," sc.
the Capital was to be located 10 not TO exceed ten
miles square, While nothing In the clause requires
It TO be larger than
THE PROPER DIMENSIONS or PARK on EScLo.
SURE
Immediately around the building. As . matter
Of course, such o reservation OF Jurisdiction over
the public grounds around the Capitol would be
MADE In act Of Tetrocesson, 90 that II the prluol
| pic Of construction were admitted, the Govern.
ment OF the United States can never surrender III
jurisdiction oyor the territory about the seat Of
| Government, The constitutional provision would
be satisfied, for there would still remain dis
tIiot for tho exclusive Jurisdiction" Of Congress
10 operate upon. But II Il DO insisted further
that tho Government can never abdicats or rid
itself OF Jurisdiction which II has once acquired
the answer 10 that the same construction would
make Il necessary TO retain exclusive Legislative
power over the abandoned forts, Rrsonais, maya
Zines and dock. yards In all parts OF the country
for power over these places is conferred oy the
same clause which provides for the seat OF Gov
eminent, and they are 10 be acquired 10 the same
way, viz; by the oesaion OF particular states,
FURTHERMORE, the clause IL not Imperative, but