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wished to say a few words on the constitutional | ever before understood that slavery, particularobjections which had been offered to them. ly of the last description, necessarily implied The gentleman from Delaware (Mr. BAYARD) tyranny, although it too frequently is productold us, on a very late occasion, that the power tive of it. But, so far from being slaves, the to create involved the power to destroy; and people within this territory are, it seems, our although I may not be willing to adopt this children, who are to experience every indulmaxim in all the latitude in which it was urged gence at our hands. Sir, the form of governby that gentleman, I have no hesitation in ment, such as has been described, however averring my belief that Congress possess the mild and beneficent it may be in its administraright, with the assent of these States, respec- tion, places those subjected to it in a state of tively, to cede the several portions of this terri- political slavery, and they are as completely tory to Maryland and Virginia. Nor, in my divested of self-control as the infant who is opinion, does this doctrine militate against that dandled on the knee of its parent. As to the construction of the constitution, which regards existence, then, of this species of slavery, it that instrument in the light of a limited grant mattered not whether the people within the of power. In this construction I heartily con- limits of this District were regarded as the cur with the gentleman from Delaware, or favorite son, and feasted on the fatted calf, rather, if he will permit me to say so, I am or were exposed to the cruel rigor of a stepglad to find he agrees with me, as I have re- mother. tained my opinion, whilst he seems to have changed his. I readily admit that Congress possesses no power but that which is devolved on them by the constitution, explicitly, or which is evidently included in, or deducible from its plain provisions. The constitution nowhere gives Congress the express power of repealing laws; but the repeal of laws is essentially connected with the power of passing them, as, in this case, the right to recede is involved in the right to accept the cession. The parties to this compact are the United States, of the one part, and the States of Maryland and The constitution seems to have intended, by Virginia, of the other. We speak the voice of its provision on this subject, to guard the Genethe United States, and, among others, of Mary-ral Government against the undue influence of land and Virginia, in their confederate capacity. The Legislatures of those States answer for them in their individual capacity. If all these parties are agreed to revoke their act, I wish to know who is to dissent to it, or what obstacle can prevent its being rescinded?

An idea had been held out from a very respectable quarter that this District might, in time, become a State. As to Congress, what difference will they find between being under the jurisdiction of the State of Columbia, or the State of Maryland. But, if this objection were removed, it is impossible that this territory can become a State. The other States can never be brought to consent that two Senators and, at least, three electors of President, shall be chosen out of this small spot, and by a handful of men.

any particular States wherein it might sit. An insurrection in Philadelphia is mentioned by some gentleman as having given rise to this clause in the constitution. The constitution, no doubt, had a wise end in view, but it has failed in the means of attaining it. No man has a Mr. R. said, that he was of the number of higher respect than myself for the talents of the those who voted against assuming the jurisdic- framers of that instrument. But let it be retion of this territory. He did it from a predi- membered, that they were making a great exlection for those principles in which the Ame-periment, and to have failed in but a single rican Revolution originated; from the firm belief that men ought not to be bound by laws in whose formation they had no influence. It was the violation of that principle, and not the extent to which it was carried, which laid the foundation of our independence. For, let it be remembered that the demand of Great Britain went only to a peppercorn; but that we disdained the admission of so odious a doctrine, and commenced a determined and successful resistance. But it is denied that this territory is in a state of slavery, because, says the gentleman, it implies that we are tyrants. The term slavery, sir, excites in the mind of man an odious idea. There are, however, various species of this wretched condition. Domestic slavery, of all others the most oppressive; and political slavery, which has been well defined to be that state in which any community. is divested of the power of self-government, and regulated by laws to which its assent is not required, and may not be given. Nor have I

object, is the highest proof of their wisdom. The physical force of this small District would prove but a poor defence against the aggression of large and powerful States. Happily, our security is more amply provided for; it results from the command which has been given us over the sword and the purse of the Union. Our protection is not in a mathematical linewhich would oppose but a feeble resistance to an invading foe. But let gentlemen ask themselves, why the inhabitants of this District should be less formidable if disposed to insurrection because under our own jurisdiction? Look at Paris! was the insurrection of the fourteenth of July, which humbled into the dust the ancient monarchy of France, the effect of a want of jurisdiction; of a want of power in the Government over the lives and fortunes of the people? Did the city afford the Government a defence? No, it was in insurrection. Did the military send its aid? On the contrary, it joined the insurgents. What was the

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District of Columbia.

[FEBRUARY, 1803. fact at Philadelphia? That Congress was in- equipped and ready for service, and under the sulted by its own troops. Would the civil immediate control of Congress, would the mili jurisdiction of the town have repelled the tary force have been suffered to overawe them? bayonet? No, it was not in parchment to This very case furnished an argument for inafford this defence. It has left us an awful vesting Congress with the complete command lesson against standing armies; and if we shall of the militia force of the territory, to screen ever be so infatuated as to multiply armies them from insult, and to protect them from the about us, we may rely in vain on the lines of application of force that might destroy deliber circumvallation which the limits of our exclu- ation. They had already taken a course calcu sive jurisdiction form. The constitution, there-lated to prove the soundness of this mode of fore, has failed in its endeavor to give to Con-protection. Their laws had recognized the gress any other security than that which public militia of the territory; and some measures opinion and the command of the national resources afford.

land for protection, and wait on her measures! No; the situation of the territory and your immediate power over the militia must furnish you with the means of protection. He therefore thought it one of the best provisions of the constitution, to submit the physical force near the Government to its direction.

had been taken to organize them. The militia was the physical force Congress must rely on. But, whilst I have no doubt on the subject of Suppose that militia were under the command our constitutional right, I am opposed to the of Maryland, and Congress was about to pass a resolution on the ground of expediency. It law obnoxious to that State. Suppose the appears to have disseminated a great alarm militia of Maryland to be mutinous, and to suramong the people of our immediate neighbor-round these walls. Must you resort to Maryhood. At a proper time, when great unanimity can be obtained, it may be carried into effect. If now passed, it is irrevocable; and I have no indisposition to give the question the most mature deliberation, and to give it a fair operation on the public mind. I could wish, indeed, to see the people within this District restored to their rights. Men in such a situation are, as it had been wisely and eloquently said, fit instruments to enslave their fellowThis species of Government is an experiment how far freemen can be reconciled to live without rights; an experiment dangerous to the liberties of these States. But, inasmuch as it has been already made, inasmuch as I was not accessory to it, and as, at some future time, its deleterious effects may be arrested, I am disposed to vote against the resolutions. I view them as a fatal present to this House, although I respect the motives in which I believe them to have originated; as tending to disunite those who ought ever to act in concert; and I have no hesitation on a question of expediency to declare my disposition to concede something to the wishes and fears of those around me. In their present shape, at least, I shall therefore vote against the resolutions.

men.

Mr. SOUTHARD rose only to make one obser vation, which had been touched on but lightly in the course of the debate. It appeared to him that when Congress assumed the exclusive jurisdiction of the ten miles square, they had, in the first instance, entered into a contract with the Legislatures of Virginia and Maryland. He had no doubt that, if the contract had ended here, they might, with their consent, make a retrocession. The second step, however, taken, was a contract between the agents of Government and the proprietors, in order to obtain the soil. This contract appeared to him to be solemn and binding. In entering into the contract, the proprietors gave the General Government sites for the public buildings, and half the residue of the land within the city plot. He conceived that this was a contract founded on express stipulations that Congress should exercise exclusive jurisdiction. The proprietors had no idea, at the time they made the con tract, that their property would be retroceded and the Government had since received more than one million's worth of real property which they now enjoyed. He would ask, whether a retrocession, under such circumstances, would not have a retrospective effect, and impair those obligations which the United States were bound to observe? For this reason, he thought a retrocession improper, as it would be a violation of contract with the people of the territory. It appeared to him that, while they were satisfied, the General Government ought to be satisfied.

Mr. EUSTIS was opposed to the resolutions, for the reasons which had been stated, and for other reasons not mentioned, though they might have occurred to the minds of gentlemen. He thought it right to express a difference of opinion with the gentleman from Virginia, (Mr. RANDOLPHI,) on an important question, the exclusive jurisdiction of Congress to the ten miles square. He was not prepared to pronounce the provision of the constitution on this subject deficient or unwise. It rather appeared to him to be founded in the nature of the Government. A Government on parchment, and without force, was no Government at all. It had been stated this provision grew Mr. VARNUM doubted the reality of the ob out of a transaction at Philadelphia, and asked servation of the gentleman from New Jersey. what dependence was to be placed on a mili- He suspected there was no such contract in extary force when that force was itself the ag-istence. It was not the interest of the Govgressor? But that transaction suggested a ernment of the United States to do any thing different result. Had the militia been well that would injure this District. He therefore

upposed that every gentleman who voted on his occasion, would act for the interest of his country. If he thought it possible for Congress o legislate for the territory, he should have no objection to retaining the jurisdiction. But, when he considered that Congress were appointed to legislate on great objects, and not on minute local concerns, he did not think them competent to legislate for the persons situated in the Territory of Columbia. He did not know whether, if the jurisdiction was retained, it would not be proper to indulge the citizens with a territorial legislature. But to this the people themselves object. Virginia objects to a union with Maryland. There were, manifestly, hostile interests which could not easily be united. And if there shall be a territorial legislature, still Congress has a right over their acts. Whether this was the fit time to retrocede the territory he did not know; but he believed the time would come when the citizens of the territory will be in favor of it.

Mr. SMILIE stated the circumstances of the case at Philadelphia, which had been so often alluded to by gentlemen. At the close of the late war there had been a mutiny among the troops, who had surrounded Congress. Not a drop of blood had, however, been spilt. This was the mighty incident of which so liberal a use had been made. He would ask whether, in countries over which the Government had complete jurisdiction, worse things had not happened? He would ask, whether this menace of Congress were to be compared with the mob of Lord George Gordon in a country over which the Government had an entire jurisdiction.

The question was then taken on the first resolution, for receding to Virginia the territory originally attached to that State, and

ayes 22.

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ent to retrocede all the territory, excepting the City of Washington. This disposition of the territory would leave entirely untouched the question which arose from the interest of individuals who had made purchases of property under the faith of Congress retaining the jurisdiction. It was probable that, in such event, a corporation might be established in the city that would answer the ends of Government, without two-thirds of the time of the National Legislature being consumed.

The question was then taken by yeas and nays, on concurring with the Committee of the Whole, in their disagreement to the first resolution, and carried-yeas 66, nays 26, as follows:

YEAS.-Theodorus Bailey, James A. Bayard, Thomas Boude, Richard Brent, Robert Brown, John Campbell, John Clopton, John Condit, Manasseh Cutler, Samuel W. Dana, John Davenport, Thomas T. Davis, William Dickson, Peter Early, William Eustis, Abiel Foster, Calvin Goddard, Edwin Gray, Andrew Gregg, Roger Griswold, William Barry Grove, John A. Hanna, Daniel Heister, William Helms, Joseph Hemphill, Archibald Henderson, William H. Hill, David Holmes, Benjamin Huger, Samuel Hunt, George Jackson, William Jones, Ebenezer Mattoon, David Meriwether, Samuel L. Mitchill, Thomas Moore, Lewis R. Morris, Thomas Morris, Anthony New, Thomas Newton, jun., Joseph H. Nicholson, Elias Perkins, Thomas Plater, Nathan Read, John Rutledge, William Shepard, Israel Smith, John Cotton Smith, John Smith, (of Virginia,) Samuel Smith, Henry Southard, John Stanley, John Stewart, John Taliaferro, jr., Samuel Tenney, Samuel Thatcher, Thomas Tillinghast, Philip R. Thompson, Abram Trigg, John Trigg, George B. Upham, Killian K. Van Rensselaer, Peleg Wadsworth, Lemuel Williams, Richard Winn, and Thomas Wynns.

Phanuel Bishop, William Butler, Samuel J. Cabell, NAYS.-Willis Alston, John Archer, John Bacon, lost-Thomas Claiborne, Matthew Clay, Richard Cutts, John Fowler, William Hoge, James Holland, Michael John Dawson, Lucas Elmendorph, Ebenezer Elmer, Leib, James Mott, John Randolph, jr., John Smilie, John Smith, (of New York,) Josiah Smith, Richard Stanford, David Thomas, Joseph B. Varnum, Isaac Van Horne, and Robert Williams.

When the question was taken on the second resolution, and lost, without a division.

The committee rose, and reported their disagreement to the resolutions.

The second and last resolution to which the Committee of the Whole reported their disagreement, being twice read, in the words following,

to wit:

The House immediately took up their report. Mr. NICHOLSON called for the yeas and nays. Mr. RANDOLPH said, as he believed the House incompetent to legislate for the people of Columbia; as he believed the interests of the several parts of the territory were as hostile as any in the Union, as it was manifest there was an cede to the State of Maryland the jurisdiction of that Resolved, That it is expedient for Congress to reAlexandria, a Georgetown, and a city interest; part of the Territory of Columbia, which was ceded to and even, within the city, a Capitol-hill interest, the United States by the said State of Maryland, by and a President's-house interest-which were irrreconcilable; he should vote for the amend-year one thousand seven hundred and ninety-one, an act passed the nineteenth day of December, in the ment of his colleague, (Mr. DAWSON.) To at- entitled "An act concerning the Territory of Columtempt to legislate for the District was, in effect, bia and the City of Washington;" provided the said to constitute the chairman of the committee, State of Maryland shall consent and agree thereto : or, at any rate, the committee itself on the affairs of the territory, the Solon or Lycurgus of the place, It was well known that the indolence of the other members, or the indifference, inseparable from the situation in which they were placed, would prevent Congress from legislating with a full understanding of the objects

The question was taken that the House do concur with the Committee of the Whole in their disagreement to the same, and resolved in the affirmative.*

Above forty years afterwards, to wit, in 1846, the Vir before them. He, therefore, thought it expedi-ginia part of the District was retroceded to that State.

1. Resolved, That a donation, equal to one thirty-son, sixth part of the amount of the lands in the United States Military Tract, within the State of Ohio, be

made for the support of schools within that tract.

2. Resolved, That a donation equal to one thirtysixth part of the county of Trumbull, be made, out of the lands within the United States' Military Tract, for the support of schools within the said county of

7. Resolved, That, in lieu of the township proposed to be granted for the use of an academy, by the act! The House took up the bill respecting milipassed the fifth day of May one thousand seven hun-tary land warrants. dred and ninety-two, there be granted to the State of Mr. DAVIS hoped it would not be adopted Ohio, for the purposes described in that act, one other without inquiring whether the land proposed to entire township, within the district of Cincinnati; be given to General Lafayette was the same provided that the State of Ohio shall relinquish to as was given to other Major Generals. It was the United States, all their claims, under the act true he had rendered services to the United aforesaid, against the said John C. Symmes.