The Proposed Federal District Might Become a Sanctuary for Criminals

16 June 1788

MR. GEORGE MASON thought there were few clauses in the constitution so dangerous as that which gave congress exclusive power of legislation within ten miles square. Implication he observed, was capable of any extension, and would probably be extended to augment the congressional powers. But here there was no need of implication. This clause gave them an unlimited authority in every possible case within that district. This ten miles square, says MR. MASON, may set at defiance the laws of the surrounding states, and may, like the custom of the superstitious days of our ancestors, become the sanctuary of the blackest crimes. Here the federal courts are to sit. We have heard a good deal said of justice. It has been doubted whether jury trial be secured in civil cases. But I will suppose, that we shall have juries in civil cases. What sort of a jury shall we have within the ten miles square? The immediate creatures of the government. What chance will poor men get, where congress have power of legislating in all cases whatever, and where judges and juries may be under their influence, and bound to support their operations? Even with juries the chance of justice may here be very small, as congress have unlimited authority, legislative, executive, and judicial. Lest this power should not be sufficient, they have it in every case. Now, sir, if an attempt should be made to establish tyranny over the people, here are ten miles square, where the greatest offender may meet protection. If any of their officers, or creatures, should attempt to oppress the people, or should actually perpetrate the blackest deed, he has nothing to do, but get into the ten miles square. Why was this dangerous power given? Felons may receive an asylum there, and in their strong holds. Gentlemen have said that it was dangerous to argue against possible abuse, because there could be no power delegated but might be abused. It is an incontrovertible axiom, that when the dangers that may arise from the abuse, are greater than the benefits that may result from the use, the power ought to be withheld. I do not conceive that this power is at all necessary, though capable of being greatly abused.

We are told by the honorable gentleman, that Holland has its Hague. I confess I am at a loss to know what inference he would draw from that observation. This is the place where the deputies of the United Provinces meet to transact the public business. But I do not recollect that they have any exclusive jurisdiction whatever in that place, but are subject to the laws of the province in which the Hague is. To what purpose the gentleman mentioned that Holland has its Hague, I cannot see.

MR. MASON then observed, that he would willingly give the:  exclusive power as far as respected the police and good government of the place, but he would give them no more, because he thought unnecessary. He was very willing to give them in this, as well as in all other cases, those powers which he thought indispensably necessary.

 Rutland, The Papers of George Mason, Vol. III, pp. 1082-1083 (1970).