in
Congress by the Constitution it impales upon the point of an alleged
_implication_. And this is Mr. Clay's peace-offering, to appease the
lust of power and the ravenings of state encroachment! A "compromise,"
forsooth! that sinks the general Government on _its own territory_ into
a mere colony, with Virginia and Maryland for its "mother country!" It
is refreshing to turn from these shallow, distorted constructions and
servile cringings, to the high bearing of other southern men in other
times; men, who in their character of legislators and lawyers, disdained
to accommodate their interpretations of constitutions and charters to
geographical lines, or to bend them to the purposes of a political
canvass. In the celebrated case of Cohens vs. the State of Virginia,
Hon. William Pinkney, late of Baltimore, and Hon. Walter Jones, of
Washington city, with other eminent constitutional lawyers, prepared an
elaborate written opinion, from which the following is an extract: "Nor
is there any danger to be apprehended from allowing to Congressional
legislation with regard to the District of Columbia, its FULLEST EFFECT.
Congress is responsible to the States, and to the people for that
legislation. It is in truth the legislation of the states over a
district placed under their control for _their own benefit_, not for
that of the District, except as the prosperity of the District is
involved, and necessary to the _general advantage_."--[Life of Pinkney,
p. 612.]
The profound legal opinion, from which this is an extract, was
elaborated at great length many years since, by a number of the most
distinguished lawyers in the United States, whose signatures are
appended to it. It is specific and to the point. It asserts, 1st, that
Congressional legislation over the District, is "the legislation of the
_States_ and the _people_," (not of _two_ states, and a mere _fraction_
of the people;) 2d. "Over a District placed under _their_ control," i.e.
under the control of the _whole_ of the States, not under the control of
_two twenty-sixths_ of them. 3d. That it was thus put under their
Control "_for THEIR OWN benefit_," the benefit of all the States
_equally_; not to secure special benefits to Maryland and Virginia, (or
what it might be _conjectured_ they would regard as benefits.) 4th. It
concludes by asserting that the design of this exclusive control of
Congress over the District was "not for the benefit of the _District_,"
except as that
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