Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/104

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96
CONSTITUTION OF THE U. STATES.
[BOOK III.

CHAPTER XXIII.

POWER OVER SEAT OF GOVERNMENT AND OTHER CEDED PLACES.

§ 1211. 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 overall places purchased by the consent of the legislature of the state, in which the same shall be, for the erection of forts, magazines, arsenals, and other needful buildings.

§ 1212. This clause was not in the original draft of the constitution; but was referred to a committee, who reported in its favour; and it was adopted into the constitution with a slight amendment without any apparent objection.[1]

§ 1213. The indispensable necessity of complete and exclusive power, on the part of the congress, at the seat of government, carries its own evidence with it. It is a power exercised by every legislature of the Union, and one might say of the World, by virtue of its general supremacy. Without it not only the public authorities might be insulted, and their proceedings be interrupted with impunity; but the public archives might be in danger of violation, and destruction, and a dependence of the members of the national government on the state authorities for protection in the discharge of their functions be created, which would bring on the national councils the imputation of being subjected
  1. Journ. of Convent. 222, 260, 328, 329, 358.