Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-12
Is Alexandria In the District Of co.
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A REVIEW OF THERETRoCEssIoE QUESTION.
Among the most Interesting cases TO come
before the United States Supreme Court at the
session which begins to-day, lie that of Philip
vs.. Payne, which involves the legality of the re-
PROCESSION OF Alexandria city and county from
this District to the state of Virginia. The de-
fendant, Payne, lie or wss collector of taxes in
Ale1AndTia county, for the state of Virginia,
and the plaintiff, Philips, takes the ground that
Virginia has Is right TO collect taxes in that
county. The points on which the appellant re-
bes are; First, that, when accepting the cession
OF ALEXANDRIA, Va, it became part of the per
manent capital Of the United States, and Con-
RIess Dad 10 constitutional power to pass law
changing that relation; second, that the act OF
reu0cekslon Is invalid, because IL was made de-
pendent for its force and effect upon the votes
81 q majority OF the voters of Alexandria. and
| Congress had no power to delegate to it legIs-
I ldtiTe functions.
The Supreme Court OF this District, IL will e
remembered, affirmed tbeivalidIty of the trans
| Ter. Judge Nilloughby, who represents the
appellant, will shortly make an application TO
/ the supreme court 10 advance the case upon the
/ calendar. he has consulted the Attorney Gen
eTal OF the nited States who thinks it of grave
! Importance that the case should be early de-
Cided, but ii II Lot understood that the law Of
heers OF the United States vii! take any part in
the Argument.
The matter having attracted considerable at
teDtiOn, the following facts may prove in
ttTeshng: Alexandria WAS founded in 1Ii9. and
aLd was incorporated IN 1'tJ. The cession OF
the town and county Of Alexandra to the
JTIted States was made by an act OF the general
assembly Of Virginia of December 3 IIs1.
Congress accepted the cession in 1890, and
jurisdiction was extended over the town and
county Of alexandria on the 9th of Eebrg ary,
1901. From 1885 there was growing desire on
the part OF the people or the town of AIeNan-
ora 10 return TO Virginia but this desire was in
no wise shared by the people Of the country, who
continued TO the last almost unanimous against
reuoceSslons In lS3S, after tbs repeal by Con-
gTess OF the local bank charter, the agitation
uIOn The subject became more active and per
seEering. Foremost among the young men who
promoted the movement was Henry Winter
Davis, then resident of Alexandria. In Feb
ruaTy, 1876, the general assembly of Virginia
passed al act providing for the acceptance of
the TetrocessiOn Of Alexandria town and county
upon the passage of an act of Congress for that
purpose and its acceptance by the voters of
Alexandria. On the Sth OF May, in the same
year the House OF Representatives of the United
states suthOriZc d the retr0cession by a vote of
20 20 100. Among them who voted in the mega
tive were John Quincy Adams, jefferson Davis
AID Abraham Lincoln. IL was adopted in the
Senate ty vote of 81 TO IL. Messrs. Calhoun,
keVerdy johnson, Benton, Cameron, CLAYTON,
COrEin, Crittenden Snd other distinguished
men, voting in lis favor. Messrs. Breese, Dick
Mr.. Webster did not vote.
This set, after setting forth that "no more
territory under the exclusive legislation given
TO Congress over the District, which is the seat
OF the general gOyernme mt, than may be neces-
saTy and proper for the purpose of such a seat"
and mat experience hath shown that the por-
hited States by the state OF Virginia has not
been, nor is likely to be necessary for that pur-
pose proceeded to cede the county and town
OF ALEXANDRIA, with the consent of majority Of
the people thereof, 'tO the state of Virginia in
full and absolute right and Jurisdiction, as well
OF soil as Of persons residing OF to reside there
in" The voters of Alexandria early in Sep
tembef cOncuTTed in the retrOcessson BY a vote
Of It3 70 222, the polls being kept open three
days, ard before the close of the year the iurIs-
dieiion OF Virginia was formally extended over
the retIoceded territory,
Nor has the subject failed heretofore to ba
called TO the attention Of eminent judicial tTi-
buTsls. At the time of the retrocession there
were re nding in the Supreme Court of the nj
tee States on appeal from the Circuit Court of
TIE District of Columbia for Alexandria several
cases notably that of Bank Of Potomac vs.. Me-
LsUghiin. Congress authorized the Supreas
Court TO decide all such cases as before, and TO
certify the decision to the Circuit Superior Court
OF virginia for Alexandria, and ths legislature
OF Virginia authorized the latter court to &C
cept such decision as binding. The SuDreme
Cont decided the cases and certified them ac-
coTdtngy, and in the case above cited on appeal
the Court Of AIPeals OF Virgins on the 18th of
MAY. 1SJG, decided this proceeding constitu.
uOnal and valid.
1T one time MI Lincoln recommended the
recession Of Alexandria to the District by the
Joint action Of the United States and Virginia
During the war IL was proposed that the gen
eTal government should take and keep iurIsijc-
ton under 1.-THE war power, - and Just after the
var Tue subject was agitated in the Senate OF
the United States, but was soon dropped.