Slavery -- United States; United States -- Politics and government -- 1849-1853
So it has been held that a justice of the peace in the District of
Columbia is an officer of the government of the United States, and is
therefore exempt from militia duty. _Wise_ vs. _Withers_, 3 Cranch,
331; 1 Cond. Rep. 552.
A citizen of the District of Columbia is not a citizen of any one
of the United States. _Hepburn et al._ vs. _Ellery_, 2 Cranch, 445;
_Westcott’s Lessee_ vs. _Inhabitants ----_, Peters, C. C. R. 45.
Up to the time of the cession, the inhabitants of this District were
under two jurisdictions--that of Maryland and that of Congress;
but after the cession, under that of Congress alone. Now, when the
inhabitants of this District passed out of the jurisdiction of
Maryland, and came under the exclusive jurisdiction of Congress, let us
see what was the effect of such change of jurisdiction upon them.
In the act of Congress of 1790, c. 28, sect. 1, which was an act for
establishing the seat of government of the United States, there is
the following clause: “_Provided, nevertheless_, That the operation
of the laws of the state [of Maryland] within such District shall not
be affected by this acceptance, _until the time fixed for the removal
of the government thereto, and until Congress shall otherwise by law
provide_.”
Here, then, Congress _expressly_ provided and contracted with the state
of Maryland, that the laws of Maryland in this District should not be
interfered with until the removal of the seat of government to this
place; and Congress likewise _impliedly_ provided and contracted, that
when the seat of government should be removed to this place, it would
discharge the duty imposed upon it by the constitution of the United
States, and would assume and exercise the “exclusive legislation”
provided for in that instrument. This act of Congress was approved on
the 16th of July, 1790.
By the Maryland laws of 1791, c. 45, sect. 2, that state ceded to the
United States the territory which now constitutes the District of
Columbia, and the words of the cession are these: “In full and absolute
right, as well of soil as of person, residing or to reside thereon,”
&c. ... provided that the jurisdiction of the laws of Maryland “shall
not cease or determine _until Congress shall by law provide for the
government thereof_.”
The state of the case, then, was simply this: 1. The constitution
gave Congress power of “exclusive legislation” over such district
as might be ceded for the seat of government. 2. Congress, by the
act of 1790, above referred to, proposed to the state of Maryland to
accept a portion of her territory for this purpose, but engaged not to
interfere with her laws until after it had taken actual possession of
the ceded territory. 3. Maryland accepted the proposition, rehearsing
the condition in these words; namely, that “the laws of Maryland shall
not cease or determine until Congress shall by law provide for the
government thereof.”
Public-domain text, read in full here on John Shaqi.
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