Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/105

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CH. XXIII.]
POWERS OF CONGRESS—CESSIONS.
97

to undue awe and influence, and might, in times of high excitement, expose their lives to jeopardy. It never could be sate to leave in possession of any state the exclusive power to decide, whether the functionaries of the national government should have the moral or physical power to perform their duties.[1] It might subject the favoured state to the most unrelenting jealousy of the other states, and introduce earnest controversies from time to time respecting the removal of the seat of government.

§ 1214. Nor can the cession be justly an object of jealousy to any state; or in the slightest degree impair its sovereignty. The ceded district is of a very narrow extent; and it rests in the option of the state, whether it shall be made or not. There can be little doubt, that the inhabitants composing it would receive with thankfulness such a blessing, since their own importance would be thereby increased, their interests be subserved, and their rights be under the immediate protection of the representatives of the whole Union.[2] It is not improbable, that an occurrence, at the very close of the revolutionary war, had a great effect in introducing this provision into the constitution. At the period alluded to, the congress, then sitting at Philadelphia, was surrounded and insulted by a small, but insolent body of mutineers of the continental army. Congress applied to the executive authority of Pennsylvania for defence; but, under the ill-conceived constitution of the state at that time, the executive power was vested in a council consisting of thirteen members; and they possessed, or exhibited so little energy, and such apparent intimidation, that congress indignantly removed to New-Jersey,
  1. The Federalist, No. 43; 2 Elliot's Deb. 92, 321, 322, 326.
  2. The Federalist, No. 43; 2 Elliot's Deb. 92, 321, 322, 326, 327.

vol. iii.13