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
|