Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-08-27
Special Dispatch to the Baltimore Sun.
TiFE TIONAL. CAPITAL.
The Removal Question n-Tae La.s ftstRb~
Ilshfng a Seat OF Governmental Consti~
.utiOuaI Amendment Necessary for Re
moVal, &c.
WASHINGTON. Aug. 10.


Mr.. N. Sargent, commissioner Of Gus
toms, has been looking up the laws estab-
fishing seat of government for the Unit
ed States. and has prepared an article to
show that Congress cannot remove the cap
ital except by an amendment to the con-
stitutiOn. l am permitted to make extracts
from the article which will be published
in the Republican of this city tomorrow.
Mr.. Sargent says:
"Among the powers enumerated as given
to Congress by the constitution is the pow
er to '' exercise exclusive legislation in
all cases whatever, over such district (not
exceeding ten miles square) as may by ces
sion of particular States and the accept
ance of Congress become the seat Of gov
ernment OF the United States"
BY this clause Of the constitution " the
seat of government Of the United States :"
within the district which should be ceded
by particular States and accepted by Con
gress The present District of Columbia
was selected for that purpose, ceded by the
States of Maryland and Virginia for the
same purpose, and accepted by Congress,
as we shall see
On the 10th of July, 1890, Congress
passed san act for the temporary and per-
manent seat of tho government
of the United States,'' the first
section of which declares THAT district
of territory not exceeding ten miles square,
to be located as hereafter directed on the
Potomac river, at some place between the
mouths of Eastern Branch and Conego-
cheague be, and the same is hereby, accep
ted for the permanent seat of the govern
ment of the United States.
The same act provided for the seat of
government remaining temporarily at Phil
o1 lrb1 fhaf 10 nfi ha IA
could be prepared here.
In subsequent act, passed March 3,
1871, the object of which was to so alter
the bounds Of the District as to take in
Alexandria, the language used is as fol-
lows: And the territory so included shall
form past of said district, not exceeding
ten miles square, for the permanent seat
of government of the United States''
On the 9th of February, 1901, Congress
passed an act declaring, ''That the laws of
the State of Virginia, as they now exist,
shall be and continue in force in that part
of the District of Columbia which was
ceded by the said State to the United
States, and by them adopted for the per
manent seat of government ; and that the
laws of the State Of Maryland. as they now
exist, shall be and continue in force in
that part of the said District which was
and by them accepted as aforesaid > that
is to say, accepted for the permanent
seat of government.
1t appears from the foregoing that the
trainers of the constitution anticipated
that territory not exceeding ten miles
square would be ceded to the United States
for its seat of government by one or more
States, and that in framing that instru-
ment they gave Congress power to exer-
else exclusive legislation over such district.
The cessions were made by the States of
Maryland End Virginia "for permanent
seat of the government of the United
States. and accepted as such by Con-
gress.
Here, then, was a compact entered into
by and between the United States and the
States of Maryland and Virginia. namely:
that tho territory thus ceded should be and
remain " the permanent seat of govern
ment of the United States, pursuant to
provision of the constitution. And not
only was there compact entered into, in
fulfllment of a provision of the constitu-
ton, between the United States and the
two States mentioned, but this compact is
part and parcel Of the agreement or COM
pact which the United States entered into
with those to whom the government sCld
the lots and squares of ground from time
to time. That this should be the perma-
nent seat of government was one of " the
rights, privileges. and appurtenances be-
longing to and constituting the largest por
tion and the entire value of the property
sold. Government could, with equal pro-
priety and Justice, sell mill privilege,
and then divert the stream of water which
constituted the whole value of the prop
erty.
Government is bound by its compact,
and Congress has no power to undo
a manner. q. X.