States as an agent to consummate the object,
there could hardly have been higher assumption or
louder vaunting. The sole object of having
such a District was in effect totally perverted in
the resolution of Mr. Clay, and in the discussions
of the entire southern delegation, upon its passage.
Instead of taking the ground, that the benefit of
the whole Union was the sole object of a federal
district, that it was designed to guard and promote
the interests of all the states, and that it
was to be legislated over for this end—the
resolution proceeds upon an hypothesis totally the
reverse. It takes a single point of state
policy, and exalts it above NATIONAL interests, utterly
overshadowing them; abrogating national rights;
making void a clause of the Constitution; humbling
the general government into a subject—crouching
for favors to a superior, and that too on its own
exclusive jurisdiction. All the attributes
of sovereignty vested 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,”