State, in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings."

199. A moment's consideration will establish the importance and necessity of this power. Without it, the National Government would have no adequate means to enforce its authority in the place, in which its public functionaries should be convened. They might be insulted, and their proceedings might be interrupted with impunity. And if the State should array itself in hostility to the proceedings of the National Government, the latter might be driven to seek another asylum, or be compelled to an humiliating submission to the State authorities. It never

could be safe, to leave, in the possession of any one State, the exclusive power to decide, whether the functionaries of the National Government should have the moral or physical power to perform their duties. Nor let it be thought, that the evil is wholly imaginary. It actually occurred to the Continental Congress, at the very close of the Revolution, who were compelled to quit Philadelphia, and adjourn to Princeton, in order to escape from the violence of some insolent mutineers of the Continental army.

§ 200. It is under this clause, that the cession of the present District of Columbia was made, by the States of Maryland and Virginia, to the National Government; and the present seat of the National Government was established at the city of Washington, in 1800. That convenient spot was selected by the exalted patriot, whose name it bears, for this very purpose. And who, that loves his country, does not desire, that it may for ever remain a monument of his wisdom, and the eternal capital of the republic?

$201. The other clause, as to cessions for forts, magazines, arsenals, dockyards, and other needful buildings, is dictated by a like policy. The public money expended on such places, the public property deposited there, the military, and other duties to be executed there, all require, that the sovereignty of the United States

whether, when called upon, he is bound to obey the requisitions of the President or not. This question was formerly a matter of heated controversy, and at last came before the Supreme Court of the United States for decision, where it was finally settled, upon full deliberation, that, from the necessity of the case, the President is the exclusive judge of the exigency; and that his decision was conclusive. The reasoning, which led to this conclusion, cannot be repeated in this work; but it deserves the attentive consideration of every statesman.

§ 197. Another question, of great practical importance, is, Who, in the personal absence of the President, is to command the militia called forth in the service of the National Government? Are the commanding officers of the militia of each State, so in service, to command their separate detachments during his absence, or has the President a right to delegate his authority to any superior military officer of the United States, or of the militia, to act as commander of the whole force during his absence? This question was also formerly a matter of great controversy; and perhaps is not now definitively settled. Practically, however, the National Government has constantly insisted upon the right of the President, in such cases, to appoint a person to act as his delegate in the command; and most of the States of the Union have acquiesced in this decision, as indispensable to any effective military operations.

CHAPTER XXII.

Seat of Government, and other Ceded Places.

§ 198. THE next power of Congress is, "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 like authority over all

State, in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings."

§ 199. A moment's consideration will establish the importance and necessity of this power. Without it, the National Government would have no adequate means to enforce its authority in the place, in which its public functionaries should be convened. They might be insulted, and their proceedings might be interrupted with impunity. And if the State should array itself in hostility to the proceedings of the National Government, the latter might be driven to seek another asylum, or be compelled to an humiliating submission to the State authorities. It never could be safe, to leave, in the possession of any one State, the exclusive power to decide, whether the functionaries of the National Government should have the moral or physical power to perform their duties. Nor let it be thought, that the evil is wholly imaginary. It actually occurred to the Continental Congress, at the very close of the Revolution, who were compelled to quit Philadelphia, and adjourn to Princeton, in order to escape from the violence of some insolent mutineers of the Continental army.

§ 200. It is under this clause, that the cession of the present District of Columbia was made, by the States of Maryland and Virginia, to the National Government; and the present seat of the National Government was established at the city of Washington, in 1800. That convenient spot was selected by the exalted patriot, whose name it bears, for this very purpose. And who, that loves his country, does not desire, that it may for ever remain a monument of his wisdom, and the eternal capital of the republic?

§201. The other clause, as to cessions for forts, magazines, arsenals, dockyards, and other needful buildings, is dictated by a like policy. The public money expended on such places, the public property deposited there, the military, and other duties to be executed there, all require, that the sovereignty of the United States

It would be wholly improper, that such places, on which the security of the Union may materially depend, should be subjected to the authority of any single member of it. In order to guard against any possible abuse, the consent of the State Legislature is necessary to divest its own territorial jurisdiction; and, of course, that consent will never be given, unless the public good will be manifestly promoted by the cession.

§ 202. A great variety of cessions have been made by the States under this power. And generally there has been a reservation of the right to serve all State process, civil and criminal, upon persons found therein. This reservation has not been thought at all inconsistent with the provision of the Constitution; for the State process, in this respect, becomes the process of the United States, and the general power of exclusive legislation remains with Congress. Thus, these places are not capable of being made a sanctuary for fugitives, to exempt them from acts done within, and cognizable by, the States, to which the territory belonged; and, at the same time, Congress is enabled to accomplish the great objects of the power.

The

§ 203. The power of Congress to exercise exclusive jurisdiction over these ceded places is conferred on that body, as the Legislature of the Union; and cannot be exercised in any other character. A law passed in pursuance of it is the supreme law of the land, and binding on all the States, and cannot be defeated by them. power to pass such a law carries with it all the incidental powers to give it complete and effectual execution; and such a law may be extended in its operation incidentally throughout the United States, if Congress think it necessary so to do. But if intended to have efficiency beyond the District, language must be used in the act expressive of such an intention; otherwise it will be deemed to be purely local.

§ 204. It follows from this review of the clause, that the States cannot take cognizance of any acts done in the ceded places after the cession; and, on the other hand,

the State, and can no longer exercise any civil or political rights under the laws of the State. But if there has been no cession by the State, of a particular place, although it has been constantly occupied and used, under purchase, or otherwise, by the United States, for a fort, arsenal, or other constitutional purpose, the State jurisdiction still remains complete and perfect.

§ 205. Upon a recent occasion, the nature and effect of the exclusive power of legislation, thus given by the Constitution in these ceded places, came under the consideration of the Supreme Court, and was much discussed. It was argued, that all such legislation by Congress was purely local, like that exercised by a territorial Legislature; and was not to be deemed legislation by Congress in the character of the Legislature of the Union. The object of the argument was to establish, that a law, made in or for such ceded places, had no extra-territorial force or obligation, it not being a law of the United States. The reasoning of the Court affirming, that such an act was a law of the United States, and that Congress, in passing it, acted as the Legislature of the Union, can be best conveyed in their own language, and would be impaired by an abridgement, and therefore is omitted as incompatible with the design of the present work.

CHAPTER XXIII.

General Power to make Necessary and Proper Laws.

§ 206. THE next power of Congress is, "to make all laws, which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department, or officer thereof."

§ 207. This clause is merely declaratory of a truth, which would have resulted by necessary implication from the act of establishing a National Government, and invest