National Republican., 1874-06-06
FEDERAL MUNICIPALITY.
THE UNITED STATES AND TEE DIS
TRICT OFF COLUMBIA,

THE HOUSE JUDICIARY COMMITTEE UPON
THE LEGAL RELATIONS EXISTING BE-
TWEEN CoNGREss AND THE PEOPLE OF
THE CAPITAL-THE DISTRICT THE CHILD
OF THE UNION.
mt Will be remem bered that the following reso-
luton was introduced into the House Of Repre-
sentatves early In the session and referred to the
Judiciary Committee for confederation and repore.
HRssotpsd That the Committee on the Judiciary
be instructed 70 inquire and report 70 this House
the legal relations between the kederal Govern.
fnent and the local government Of the District Of
@usu1I obiiTa.ionI in regard ard to % municipai @ @ eI.
penses; and further TO inquire and report whether
some accurately defined basis Of expenditure can
not be prescribed and maintained by law"
Judge Poland, Of Vermont, in behalf OF said
committee, has presented to the House . most
exhaustive report on the subject-matter Of the
resolution, from which the following important
paragraphs are extracted:
THE LAW OF THE CASE.
Tha Constitution Of the United States would
seem 70 determine, as accurately as Us possipi
70 do the exact legal attitude Of the District oi
clanse n section g. article J. Of the Constitution,
among the enumerated powers Of congress Ii the
n essrc,se exclusive legislation in ell cases
1hatsoever over that district mot exceeding ten
miles square) as may, by session OF particular
States and the acceptance o. Congress become
md 10 exercise HE authority over all plaeespur-
chased By the consent of the Legislature of the
State in which the same snail De, Tor the erection
Your con nmIttee understand this clause OF the
% vest N thS Congress SI tHe
rightful subject Of legislation within the DISTRICT
without any Ieservatlon Whatever 70 any State OF
S the tns IS
no longer admitting Of doubt IL any ever existed.
It may be assumed, therefore, that the Congress
q cSiam6IS, and that in the exercise ofths power
the citizens Of the District have no right TO par
ticipate, and can have no right except such as
How far this power may be delegated Is Q ques-
ton not necessary at this time to discuss
Tho debates which occurred on the adoption Of
the Constitution, the public sentiment which
found expression In various ways cotemporaue.
0aEly are full of interest, and are suggestive oil
the reasons which impelled the statesto provide
for this exclusive control by Congress, But, as
they shed no light upon the question Of power
other than to corroborate the view here expressed
revieW Of the adoption OF this clause Of the Con-
stitution. That It was necessary to bestow dig
not then and cannot now be questioned.
Upon this question Mr.. Madison wrote, In the
Federalist
might be insulted and its proceedings be inter
rupted with ,mpunity, but dependence Of the
members Of the General Government on the state
comprehending the seat Of government, for pro
lection in the exercise of their duty, might bring
on the national councils an imputation OF awe, or
influence equally dishonorable TO the Govern
nent and dissatisfactory to the other members
OF me confederacy. This consideration has the
more weight a. the gradual accumulation Of pub
lie improvements az the stationary residence Of
Government would be too great public pledge tc
be LEFT IN the hands Of Of single State, and
would create 80 many oostaclesto removal Of THE
a6Tel6hspt e stilI further to aOridge its nsoes-
In strict legal sense, there can be said to be
no such thing as Q local government Of the Dis
trict Of Columbia, for there can be no govern
ment within the District independent Of that OF
the Fedefal Government and whatever local
may hsIesT q Be- e. gg gvS5 ThiU t5 bdS
go $ Ry TssssEss sssfs!ss lnshH aSs;
be regarded ss the act OF the United Statel
through their delegated Representatives.
MUTUAL OBLIGATIONS As TO MUNICIPAL Ex.
PENsEs.
As to, the extent and character Of the mutual
obligatious between the local and General Gov.
eminent respecting municipal expenses, the com.
nittee have found the question one Of greater
difficulty, yet capable, as they believe, Of eeaI
seem to invite examination, first, into the ques
ton as TO the character and extent Of expendl
lures contemplated IN laying out the Federal city
eral Government and the citizens TO defray these
expenses.
comes necessary tc examine somewhat the history
attending the location Of the capital. Every stu
dent OF American history knows that few questions
aroused greater attention IN the Continental Oon-
Eress at the close Of the Revolution than the ques
Gop as to permanent sc ate oftegovernment. The
archives Of the Government are full Of debates on
that subect. Not only the future tranquility and
we'll being Of the United States were thought to
depend upon it, but that every principle Of pride
and honor, and even OF patriotism, were involved
in It. The act 10 establish permanent seat of
government was approved July 10 1870. The first
section accepted district Of territory upon the
Potomac, not exceeding ten miles square, for the
States. Section two provided that ''the President
be authorized to appoint - three commits
sioners, who shall under the direction
Of the President, survey, and by proper metes and
bounds detne and limit district Of territory un-
der the Limitations above mentioned; and the dis
trIct 90 defined shall be deemed the
district accepted by this act" Section three
authorized the commissioners 10 purchase or &C
cept such quantity Of land within said district as
the President shall deem proper for the use OF the
United States" Under the authority Of this act
the commissioners selected the territory embraced
within the present limits of the city OF Washing
ton that portion Of the District within the eI-
elusive control Of Congress- which they deemed
necessary for the use Of the United States.
When the selection was made, tho ground now
occupied by the city was primevAl forest with
few Inhabitants upon it. who had no purpose Of
laying It of for city. The selection OF an unin-
habited territory for the capital city directly
in accordance with the views of the founders, who
believed it TO be wise policy for the Govern
msnt to establish Its capital at point remote
from the immediate influence Of anv present or
prospective great tcommer"'~'" ,.r..5,E:
VI 90, a,oIssss dlsEsHIEiy ths object Sf the
T 6oTernnent to be 10 mark out, within tns Is9
miles square mentioned IN the eConstituponl Eest
sfoF the use Of the United States" the purpose o.
Congress being to provide Federal capital, and
not 70 make provision Tor any other interest what
ever.
ancs made by the original pLoprietors Of the soil
6n-the 18th OF June, 1871. The conveyance vai
made upon certain special trusts, some Of which
The first one was: That all the said lands an
hereby pargAined and sold, or such part thereo
Ss may be thought necessary or proper, 70 De iaiS
limltI, for Federal city, with such streets
souareS and parcels and lots as the President o
the United States for the time being shall up
The proprietors parted with sll the soil for tn,
purpose Of building here 0 Federal city, leaving
it exclusively with the President to select from
the whole whatever he might deem necessary O
desirable for that purpose. No reservation wa
made in the deed for the beneft Of the proprietor
other than that after the President had indicatst
all the streets, squares, parcels and lots that b
should deem proper for the use Of the Unitet
States there should be "a fnir and equal division
Of the remaining iots ana the IN Sn.sa ~ Stase te
per acre" The deed does not provide for the ded
fcstion Of any public squares, streets or avenue
70 the PUBIC ubes Luo bOeOlubo ieo
vested In the United States, so that the Govern
ment could at any time close street or occupy
public square for such purpose as It deeme
The question as to the scope of the deed in thi
regard came up early in dispute between tn
commissioners and proprietors. The latte
thought that the United States had the riRh
only 70 use the streets as public highways, an
not to ALLEVIATE them or divert them 70 other useI
Attorney Generals Breckenridge, Writ and Cusl
ing advised that the fee simple title to the street,
avenues and reservations was in the Unite
. HIs,,, -, wss 90 held BY the Supreme Coul
IN the case Or Van Nes. w. n - s9s oity
This absolute control Is further seen In the 70
lowing clanse OF the deed:
But the said conveyance to the said grantor-
The Government was to reconyeyto the grantc
what 1t did not require-hiE heifs or assigns,
we'll as the conveyance and purchase, shall be Q
and subject to such terms and conditions Is sha
be thought reasonable by the President fol In
time being for regulating the materials and mai
ner Of the buildings, aud improvements on q
lots generally in the said city, or any particuls
streets, or parts thereof, for common convenience
safety and order.
By this clause Of the deed It would appear thu
the construction Of the houses and the improv
ments generally were 20 be subject TO the discr
tion Of the President.
An examination Of these old conveyances show
: very conclusIVely that the Federal Governmei
I determined that no other interests than those
the United States should be primarily considere
> The plan Of the capital city, determined upt
under authority Of Congress, and subsequently,
December Is 11e1, submittedt to Congress by Pre-
jdent Washington In message Of tnat cate 10
fher Illustrates the purpose Of the Federal Go
ernnent in establishing Its capital