The Anti-Slavery Examiner, Omnibus eBook

American Anti-Slavery Society
This eBook from the Gutenberg Project consists of approximately 3,526 pages of information about The Anti-Slavery Examiner, Omnibus.

The Anti-Slavery Examiner, Omnibus eBook

American Anti-Slavery Society
This eBook from the Gutenberg Project consists of approximately 3,526 pages of information about The Anti-Slavery Examiner, Omnibus.
clause “in all cases whatsoever,” is, on all subjects within the appropriate sphere of legislation.  Some legislatures are restrained by constitutions, from the exercise of powers strictly within the proper sphere of legislation.  Congressional power over the District has no such restraint.  It traverses the whole field of legitimate legislation.  All the power which any legislature has within its own jurisdiction, Congress holds over the District of Columbia.

It has been objected that the clause in question respects merely police regulations, and that its sole design was to enable Congress to protect itself against popular tumults.  But if the convention that framed the Constitution aimed to provide for a single case only, why did they provide for “all cases whatsoever?” Besides, this clause was opposed in many of the state conventions, because the grant of power was extended to “all cases whatsoever,” instead of being restricted to police regulations alone.  In the Virginia Convention, George Mason, the father of the Virginia Constitution, Patrick Henry, Mr. Grayson, and others, assailed it on that ground.  Mr. Mason said, “This clause gives an unlimited authority in every possible case within the District.  He would willingly give them exclusive power as far as respected the police and good government of the place, but he would give them no more.”  Mr. Grayson exclaimed against so large a grant of power—­said that control over the police was all-sufficient, and “that the Continental Congress never had an idea of exclusive legislation in all cases.”  Patrick Henry said:  “Shall we be told, when about to grant such illimitable authority, that it will never be exercised?  Is it consistent with any principle of prudence or good policy, to grant unlimited, unbounded authority?” Mr. Madison said in reply:  “I did conceive that the clause under consideration was one of those parts which would speak its own praise.  I cannot comprehend that the power of legislation over a small District, will involve the dangers which he apprehends.  When any power is given, it’s delegation necessarily involves authority to make laws to execute it. * * * * The powers which are found necessary to be given, are therefore delegated generally, and particular and minute specification is left to the Legislature. * * * It is not within the limits of human capacity to delineate on paper all those particular cases and circumstances, in which legislation by the general legislature, would be necessary.”  Governor Randolph said:  “Holland has no ten miles square, but she has the Hague where the deputies of the States assemble.  But the influence which it has given the province of Holland, to have the seat of government within its territory, subject in some respects to its control, has been injurious to the other provinces.  The wisdom of the convention is therefore manifest in granting to Congress exclusive jurisdiction over the place of their session.” (See debates in the Virginia Convention, p. 320.) In the forty-third number of the “Federalist,” Mr. Madison says:  “The indispensable necessity of complete authority at the seat of government, carries its own evidence with it.”

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The Anti-Slavery Examiner, Omnibus from Project Gutenberg. Public domain.