Page:John P. Branch Historical Papers - Volume 2.djvu/329

180 emphatically apply to the case before us. The sovereignty of Virginia must be maintained, and the morals of her people must be preserved, by the power of her proper legislature. These great and important functions must not be yielded up by her to the petty corporation of the city of Washington.

Nothing contrary to this doctrine is to be inferred from the admitted power mentioned by the supreme court, or arresting in any state, felons fleeing from justice from the district of Columbia, or the forts and arsenals of the United States. In such case, the lex loci is inflexible, and the crime committed in the district remains a crime everywhere. The second clause of the second section of the fourth article of the constitution on this subject is only in affirmance of this principle of the laws of nations. Even without such a clause in the constitution that principle would probably prevail. The principles of the law of nations need not be re-enacted in any country but for greater caution. Nor is my general principle at all impugned by the indulgence granted to the lex loci in every country in relation to contracts. That law even in relation to contracts is, however as we have seen, subject to some restrictions. It must not even, as to contracts, contravene the salutary regulations of other states. The exception made as to contracts however, proves the rule.

It was foretold by the celebrated George Mason however, in the convention of Virginia that this power in favor of the ten mile square was a dangerous power, might be “unquestionably extended by implication to overthrow the rights of the states.” It has been so extended, and by the most remote and unwarrantable implication. This has