Evening star., 1869-12-02
Legality Of the RetrOcessiou Of Alex.
amdria.

To re Editor Of the Star,-SrR: As the question
OF the removal of the capital is a subject which
seems 10 be agtating the people OF the different
States some, and those of The District of Column
bia considerably, wish to call attention
10 the debate which occurred in the Senate of
the United states during the Thirty-ninth Con-
gle>s ul"n the bill to repeal the act oi 1876,
troceding that part OF the District as originally
laid on or ceded by the STATE OF Virginia to Con-
gress, living south OF the Potomac river, ani
should you deem the same OF sufficient interest.
You will please publish tlic same.
The hill having been favor ably reported by the
committee OF the District OF Columbia, Senator
" aie moved It's passage, and sustained IL IA a
very able ami patriotic speech, in which he aScd
the following language Now. Mr.. President
10 show how this subject was viewed by the
great Patriots OF the day when this capital was
hNed geTtaGaebtig IN this District. wish 20 ead
a short extract from the speech OF the President
of 1.-THE United States on the opening OF Congress
IN lSfi-aS well as the proclamation Of General
Washington hxing the capital permanently here
nuteness with which he went forward in antici-
patton of all the evils that might ialhUpOn the
country hereafter. to point out and fN the bound
aries with that care and that prudence that char
acteTizod him everywhere and in all h. did. will
read the congratulations OF the President OF that
lay. when the capital Was fixed here, To show
you the great achievement theysupposedt they had
worked out when they had fixed il peTiadReRtly
here On the 22d day Of November, 1890, the Pres
,deht, UT: john Adams: IN his speech at the
opening OF congress, said congratulate
the people q! the United States on the assem-
bling OF Congress at the permanent seat OF their
Government, and 1 congratulate YOU, gentle
men, on the prospect OF a residence not 10 b.
changed Sou will see il YOU go into il min
utely that the cession of this District was made
originally with t!oo States as contemporaneOus
act, concurring in the same thing; for the act OF
cessiOn with Maryland and Virginia were in the
same language, and at the same time. and made
with the identical purpose OF complying with the
constitutional provisions that enabled Congress
TO GcccPt from the States certain territory not
exceeding ten miles square, to be the capital
and to have exclusive jurisdiction over the same
IN all cases whatsoever, discovering il from the
States to which il formerly belonged as per-
fectly as it could be done by human language;
and If Congress can retrocede it back TO Vir-
glnia, II may also make the same dispositionof
t TO Ohio or Rhode Island. All claim to the
territory was parted with by Virginia and Mary
lard forever" and neither State had any
right that would suffer them to csme i'm and
claim any interest more than either of the other
states. 1t was placed under the entire control
ana jurisdiction of the General Government in
all cases whatsoever, and il was fOrerer to remain
here, unless by an eq ual solemn and authoritative
way II be authorized to retrocede il back. and
that can only be done by a change i'm the Con-
Stitution and the mutual agreement of Virginia
and Maryland. Maryland was not consulted
absolutely rdid.
Senator Howard, of Michigan, in his remarks
sald a. follows:-''FOr my own part as Iremark-
Ell few days ago, / entertain no doubt about
The unc0nstitutiOnality OF the act of 1876 COM
monty known as the RetrOcession act. do not
oeheve II was competent for Congress to make
that retrocession. because bv the constitution if
self when the United States ACQUIRED this Dis
ulct. they acquired 1t for particular purpose,
and that purpose was that it should l,s used by
the Government a. the seat Of government and
as the permanent seat II gOrerahssEF and this n;,-
tion as government having received the Dis
Ilct III trust, to use 1t as the seat OF govern
ment, are bound in honor and equity to use the
same as seat OF government. until the people
OF the United States in constitutional form shall
nave relieved us from that obligation. One
word right here respecting the TeHsocdI of tse
CGpitaL-an event which NAV be anticipated-I
an aane s s do % faS S that %Iera the sSIsts
present III the constitution to remove the seat o
government, andif il shall be removed, in my
eeteu by an alteration of the Constitution.
giving to Congress that power. Sir, look upon
tle act OF reiToeessioa as unauthorized by the
Constitution, and therefore totally roid.
Judge Harris, Senator from New York i'm his
remarks upon the bill, held the following Ian
guage:-''I am satisfied, myself, that the act of
lslG gds roct, and am inclined to vote for this
blll. IL is quite probable that il will result in
litigation, but believe that the best way TO get
along with this question, attended with some
embarrassment and difficulty, obviously will be
to pass this bill, assert our Jurisdiction over the
whole territory, and let the question arise as il
may, and be settled by the courts. / believe
part Of this District to the States it originally
belonged. The provision of the Constitution is
that Congress may accept from the States the
cession Of % district of ten miles square, and
nave exclusive legislation over the District the
exclusive right to legislate for the District. /
ma nothing in that provision which satisfies me
that it was the intention of the trainers of the
tonsututlon to authorize Congress to cede AWAY
the territory which they were authorized to
accept: believe that Congress has no power to
part with the territory composing the District of
columbia. L think it was the object of the
namers of the Constitution 10 establish a per-
manenf seat OF government and do not beiiece
~ con te ehdnged. disagree, therefore, with the
senator from Missouri. j do not believe Con-
gress has the power to change the seat of gov
ernment l believe it can only be done by an
amendment of the Constitution. think that
was the object of the trainers"
Judge Harris went on further TO show that the
act was void, because the act did not absolutely
pass the territory to Virginia, but authorized the
citizens Of Alexandria to vote upon it. He held
that the Legislative powers of the United States
Is Is vested IN Congress; Congress must exercise
late to the people of the District or to any other
body OF men; and the act authorizing the citi-
zens 10 vote themselves out of the District or
1 find in the statute-book whether it is law or
not, that is no legislation; such proceeding as
that IS utterly roid. i am therefore i'm favor of
Of the way, asserting jurisdiction over the whole
District of Columbia, and letting the legal aues-
ton arise as it may. and be finally settled by the
courts"
Senator Stewart, of Nevada, in his remarks.
took the same ground as Judge Harris did i'm his
second objection, and quoted decisions from
CouIts VI utf1neT III UlHefent states to
tablish the fact that legislation which is left to
the people to decide by ballot whether il shall |
be law or not, was utterly void.
Senator Wiley, of West Virginia, believed Il
would cOmplcate the affairs Of the citizens of
Alexandria, and that the whole question was a
legal one, and he wondered that il had never in
some way or other, reached the United States
Court Hi0r adjudication.
Senator Henderson, of Missouri, said as fol-
lows:-"Now in reference to the change Of Cap
ital, IL strikes me As the most astonishing prop
ositiOn i'm the world that Congress has no power /
to change the seat of government, and therefore
cannot agree with the argument of the able /
and distinguished Senator from New York. / /
imagine If Congress removed the seat of govern
ment from the District, it would revert back
the respective p0rtions-to the States that gave
II. But IL the act Of 1876 be unconstitutional,
that can be tested, and / cannot see that the
passage OF this bill will enable man to test it
any better than he could without. Hence must |
vote against this bill.'
Senator COwan, OF Pennsylvania, insisted that |
the whole question OF retrOcessiOn was one be- l
longing to the courts, and that he was aston
slied 1t had not reached the courts before this.
de was In favor Of the passage Of an act or reso-
luton authorizing the Attorney General to serve
upon the officers of Alexandria exercising their
duties under the laws of Virginia, writ Of quo 1
scdYraRtO requiring them to show cause before
the supreme Court or some justice thereof why
they were acting under the laws of the State of /
virginia, and that was better way than any
more legislation ON the part Of COiRress. He 1
was IN f2yOr OF first ascerfaiuiuQ m