Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
There is another view of this subject, which I deem to be conclusive.
The Constitution of the United States provides that “Congress shall have
power to exercise exclusive legislation, in all cases whatsoever, over
such district (not exceeding ten miles square) as may, by cession of
particular States, and the acceptance of Congress, become the seat of
the Government of the United States, and to exercise the like authority
over all places purchased by the consent of the Legislature of the State
in which the same shall be, for the erection of forts, magazines,
arsenals, dockyards and other needful buildings.” This is the only
clause in the Constitution which authorizes the Federal Government to
acquire jurisdiction over any portion of the territory of the States;
and this power is expressly confined to such forts, magazines, arsenals,
dockyards, and other needful buildings, as the States may consider
necessary for the defence of the country. You will thus, Sir, perceive
with what jealousy our ancestors conferred jurisdiction upon this
Government—even over such places as were absolutely necessary for the
exercise of the power of war. This power,—which is the power of
self-defence—of self-preservation—the power given to this Government of
wielding the whole physical force of the country for the preservation of
its existence and its liberties—does not confer any implied jurisdiction
over the smallest portion of territory. An express authority is given to
acquire jurisdiction, for military and for naval purposes, and for them
alone, with the consent of the States. Unless that consent has been
first obtained, the vast power of war confers no incidental
jurisdiction, even over the cannon in your national fortifications. How,
then, can it be contended, with the least hope of success, that the same
Constitution, which thus expressly limits our power of acquiring
jurisdiction, to particular spots, necessary for the purpose of national
defence, should, by implication, as an incident to the power to
establish post offices and post roads, authorize us to assume
jurisdiction over a road one hundred and thirty miles in length, and
over all the other post roads in the country. If this construction be
correct, all the limitations upon Federal power, contained in the
Constitution, are idle and vain. There is no power which this Government
shall ever wish to usurp, which cannot, by ingenuity, be found lurking
in some of the express powers granted by the Constitution. In my humble
judgment, the argument in favor of the constructive power to pass the
sedition law is much more plausible than any that can be urged by the
advocates of this bill, in favor of its passage. I beg gentlemen to
reflect, before they vote in its favor.
Public-domain text, read in full here on John Shaqi.
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