Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/109

 CH. XXIII.] welfare. They, as yet, possess no local legislature; and have, as yet, not desired to possess one. A learned commentator has doubted, whether congress can create such a legislature, because it is the delegation of a delegated authority. A very different opinion was expressed by the Federalist; for it was said, that "a municipal legislature for local purposes, derived from their own suffrages, will of course be allowed them." In point of fact, the corporations of the three cities within its limits possess and exercise a delegated power of legislation under their charters, granted by congress, to the full extent of their municipal wants, without any constitutional scruple, or surmise of doubt.

§ 1219. The other part of the power, giving exclusive legislation over places ceded for the erection of forts, magazines, &c., seems still more necessary for the public convenience and safety. The public money expended on such places, and the public property deposited in them, and the nature of the military duties, which may be required there, all demand, that they should be exempted from state authority. In truth, it would be wholly improper, that places, on which the security of the entire Union may depend, should be subjected to the control of any member of it. The power, indeed, is wholly unexceptionable; since it can only be exercised at the will of the state; and therefore it is placed beyond all reasonable scruple. Yet, it did not escape without the scrutinizing jealousy of the opponents of the constitution, and was denounced, as dangerous to state sovereignty.