FREE BOOKS

Author's List




PREV.   NEXT  
|<   655   656   657   658   659   660   661   662   663   664   665   666   667   668   669   670   671   672   673   674   675   676   677   678   679  
680   681   682   683   684   685   686   687   688   689   690   691   692   693   694   695   696   697   698   699   700   701   702   703   704   >>   >|  
om these shallow, distorted constructions and servile cringings, to the high bearing of other southern men in other times; men, who as legislators and lawyers, scorned 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 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.] This profound legal opinion 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 _all_ the States, not of _two twenty-sixths_ of them. 3d. That it was thus put under their control "_for_ THEIR OWN _benefit_." 4th. It asserts that the design of this exclusive control of Congress over the District was "not for the benefit of the _District_," except as that is _connected_ with, and _a means of promoting_ the _general_ advantage. If this is the case with the _District_, which is _directly_ concerned, it is pre-eminently so with Maryland and Virginia, which are but _indirectly_ interested. The argument of Mr. Madison in the Congress of '89, an extract from which has been given on a preceding page, lays down the same principle; that though any matter "_may be a local affair, yet if it involves national_ EXPENSE or SAFETY, _it becomes of concern to every part of the union, and is a proper subject for the consideration of those charged with the general administration of the government_."--Cong. Reg. vol. 1. p. 310. But these are only the initiatory absurdities of this "good faith _implied_." Mr. Clay's resolution aptly illustrates the principle, that error not only conflicts wit
PREV.   NEXT  
|<   655   656   657   658   659   660   661   662   663   664   665   666   667   668   669   670   671   672   673   674   675   676   677   678   679  
680   681   682   683   684   685   686   687   688   689   690   691   692   693   694   695   696   697   698   699   700   701   702   703   704   >>   >|  



Top keywords:
District
 

control

 

legislation

 

Congress

 

general

 

states

 
people
 

Pinkney

 

States

 

Congressional


benefit
 

opinion

 

principle

 
extract
 
advantage
 
Virginia
 

asserts

 
lawyers
 

promoting

 

connected


exclusive

 

argument

 

design

 

directly

 

indirectly

 
Maryland
 

eminently

 
concerned
 

interested

 

Madison


initiatory

 

charged

 

administration

 

government

 
absurdities
 

illustrates

 
conflicts
 

resolution

 

implied

 

consideration


matter

 

affair

 

preceding

 
involves
 

proper

 
subject
 
concern
 

national

 
EXPENSE
 
SAFETY