Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-06-05
LEGAL RELATIONS OF THE DIS
THICr OF COLI MIRA AND THE
UNITED STATES.
Report from MI. Poland. of the In
dietary Committed.


local government OF the District OF Columbia
and the extent and character OF the mutus
obligations In regard to municipal expenses;
and, further, to Inquire and report whethe1
some accurately defined basis OF expenditure
cannot be prescribed and maintained by law
have had the subject under consideration, an
submit the following report:
THE LEGAL RELATIONS BETWEEN THE FED
BRAL GOVERNMENT AND THE DISTRICT o.
COLUMBIA.
Upon that branch of the resolution, with
respect TO the legal relations existing between
the federal government and the local govern
ment of the District, the committee remark
that the constitution of the United States wOuld
seem 10 deter mine as Accurately as IL is possible
to do, the exact legal Rttitute of the District o.
Columbia toward the federal government. IL
clause IL, section s, article l. OF the constitution,
among the enumerated powers OF Congress il
the following:
To exercise excusis legislation In all cass what
soeyer over slch district not exceeding ten mile
the acceptance OF Congress, Become ihs ssss ~ ~
goysrnment Of the United States, and to exercis
serl Of the Legislature Of the state in which the ss
sbail be, for the erection Of forte, magazines,
senals, dock yards, and other needful buildings.
Your committee understand this clause OF the
constitution to vest in the Congress Of the Uni
ted States absolute legislative authority over
every Ightipl subject OF legislation within the
District, without any reservation whstever to
any state or states, or to the people within the
District itself
This absolute control by Congress Is a ones
ton no longer admitting Of doubt, il any eve
existed.
1t may be assumed, therefore, that the Con-
gress has supreme legislative power over tn
District Of Columbia, and that in the exercise
OF this power the citizens OF the District havs
no right 10 participate, and can have no RICH
except such az may be delegated to them by
Congress Itself. How far this power may b.
delegated Is question not necessary at this
time to discuss.
The debates which occurred on the adoption
OF the constitution, the public sentiment which
found expression in various ways cotemporane-
ousy, are full Of interest, and are suggestive o!
the reasons which impelled the states TO pro
vide Tor this exclusive control by Congress. Blu
ss they shed no light upon the question OF
power other than TO coTroborate the view here
expressed and now no longer questioned, the
committee have not thought it necessary l.
present a historical review OF the adoption o.
this clause of the constitution. That it Wa.
necessary to bestOw dignity and independents
upon the government was not then and ca0nJ'
now be questioned.
Upon this question Mr. Madison wrote, In th.s
Federal.st:
With Ut it, not only the public Authority nigh
iIDpuni y, but de pcE sence Of the memb rs Of the
general government on TIE state comprenepdiug III .
seat OF government for prOtt cLon ia the exercise
OF their duty might bring on the national caun I'll.
an impuration OF ave, or influence equally di,h1n-
cradle 70 the government, and to III
othe members of the cOnfederaoy. THIS consider
stion has he nore weight as the gradual sccu nuIs
ton OF public improvements at the stationary resi-
dtnce Of government would be too great pablo
pledge To be Iet IN the hands OF single state,
would ereate So many obstacles TO q removal of ia
government as s'ih farther te abritse its uecesslry
In strict legal sense, there can be said to b.
no such thing as a local government of the Dis
uict OF Columbia, for there can be no govern.
ment within the District independent OF thar
of the federal government; and whatever locs,
authority there may be how existing, or whct
may here after lie set up within the District,
can only be regarded legally as an agency 0
the federal government; and whatever author
ity this local government may exercise. 1t mas
be regarded as the act OF the United Stat
through their delegated representative.
THE EXTENT AND CHARACTER OF The MUTUAi
OBLIGATIONS IN REGARD TO MUSICIPAL EE
PENsES.
AS to the extent and character of the mutu1
obligations between the local and general gov
ernment respecting municipal expenses, TIL
committee have found the question one u.
greater difficulty, yet capable, as they believe
Of a clear solution. This branch Of the resolu-
ton would seem to invite an eXaminato on, first,
into the question as 20 the character and extent
of expenditures contemplated in laying out the
Federal city; and second, the mutual obuga.
tons Of the federal government and the Citizens
to defray these expenses.
In answering this branch OF the resolution it
becomes necessary to examine somewhat the
history attending the location of the capital
Every student OF Ame rican history knows that
few questions aroused greater attention In tue
continental Congress, at the close or the Reyo-
ton, than the question as to permanent seat
of the government. The archives of the gov
ernment are full of debates on that subject
Not only the future tranquility and well being
OF the United States were thought to depend
honor, and even Of patriotism, were involved
in it. The act TO establish perm anent seat or
government waS approved July l6, 1890. The
first section accepted district of territory
upon the Potomac, not exceeding ten miles
square, for the permanent seat of government
or the United States. Section two provided that
" the President be authorized to appoin,
three commissioners, who ,
shall, under the direction of the President, sur
vey, and by proper metes and bounds denne
and limit, a district Of territory undsr the limi.
tstioLs above mentioned; and the district SO
defined shall be deemed the district
accepted by this act" Section three author
lied The commissioners TO purchase or accept
such quantity of land within said district "as
the President shall deem proper for the use Of
the tRited States" Under the authority OF this
act the commissioners selected the territory EN-.
braoed within the present limits OF thu city OF
Washington as that portion of the District
within the exclusive control OF Congress, which
they deemed necessary for the use Of the United
StGt6S.
When the selection was made, the ground
low occupied by the city was a primeval for
est With few Inhabitants upon il, who had no
purpose OF laying it of for city. The selec-
ton of an uninhabitsd territory FOR the capital
city was directly N accordance with the vie VS.
OF the founders, who believed it to be a wise
policy for the government to establish its capt
tai at point remote from the Immediate inf u
ence OF any present or prospective great com
merciAl city. The lang of the act declares
distinctly the object Of the government 70 be to
mark out, within the ten mile square mentioned
in the Constitution, tract "for the use of the
United States" tho purpose of Congress being
to provide federal capital, and not to make
provision for any other interest whatever.
This is clearly evidenced by the deed OF con-
veyance made by the original proprietors OF the
soil on the 18th OF June, 1871. The conveyance
was made upon certain special trusts, some OF
which it is important to notice in this connec-
ton.
The first one was:
1h.@oy Isha L. a.