Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-09-20

districts on the Potomac, Who In ali the
previous stages Of the business, had
voted against the assumption, declared
themselves in its favor, and thus the
majority was changed
1 Attention is also called to the works
OF Madison, to the Life OF Hamilton. by
Lodge, page l23, and q very exhaustive
review Of the legislation will be found
lin Sohaifs History of Maryland, COM
mencing on page 564.
/ The location finally adopted was the
result of . trade by which two OF the
Potomac members" voted for the as.
sumption of the state debts, in return
for which northern members voted for
the Potomac location. See Jetferson's
works, TX, SO. This is mentioned to
show that wien congress decided to To-
cate the seat of government upon the,
Potomac it exerclsed a positive choice
made the selection as definitely as under
the circumstances, was required, The
Susquehanna, the Delaware and all
other localities were rejected, and the
commissioners had nothing to do but to
select the best sight within the, tract
designated. in, 4.,s 4 ID
When it is considered that the coun.
try was at that time but sparsely set.
tied and little known, the limitation to
q tract but five or six times the size Of
the district to be taken is small enough.
When the heat of the contest is consid-
cred, displaying as it did the beginning
of that sectional feeling between north
and south which has ragged 80 long, and
when regard lsi had to the price which
the south paid for the location-the
voting for the assumption of state debts
which had already been rejected by the
south-ls hardly possible to claim that
this is a precedent for giving to board
OF commissioners an unlimited
power of selection. More
over, there are marked differences in the
purpose and scope of these two acts.
Congress having chosen the locality, and
even specified that the building should
be on the east bank of the Potomac,
provided for the appointment of COM
missioners by the president to carry out
the necessary work of detail; in q word
experts, surveyors who should "survey,
define and limit district of territory
within the limits named" These com.
missioners were not called upon to de.
eide where within the United States the
federal seat of government should be.
comparing the advantages of various
localities as TO accessibility and general
fitness, but simply to select within the
prescribed territory such district as
was best fitted for the site of public
buildings aud for the laying out of a
city. @ -t
! When congress passed thatact prac
tically fixed the location of the capital
of the United States.
Had this bill been equally definite it
would have confined the location to
some county; for illustration, say the
county of Beade or Dawson or Sphinx,
or to point on the east bank of the
Missouri river above the mouth of
Apple creek. ail,s @&4 -''e
In any of these cases would there. have
been any doubt but the legislature had
exercised its Judgment, had approx
mately fixed the location of the capital
and not delegated to commission all
the discretion which could be exercised
In every case when commission has
been provided for to select the location
of capital, the legislature, or congress
as the case may be. has designated its
choice SO definitely IS to exclude all
contending points for the location, ex-
cept one, with the sole exception of the
state (not territory of Illinois, where
the mode of selection was definitely fix
ed in the constitution.
From the whole case l must conclude
that the act of the territorial legislature
creating the capital commission was un-
|~arranted and invalid, and that the
Judgment of the district court should be
affirmed.