National Republican. (Washington City (D.C.)) 1872-1888, 1874-12-04
TIE DISTRICT 60 TERNMENT.
HOW SHALL BEGOvERNED?-vIEw
OF AN EMINENT JURIST-A STEP IN
ADVANCE

HOW SHALL WE BE GOV ERNED?-NlE"S
OF AN EMINENT JURIST-A STEP IN
ADVANCE,
WASHINGTON, D. C.; 595 STREET,
To the Editor of the National Republican:
SIR: do not wish to enter into the controversy
about future government of the District of Co
lumbia. My residence Is here for professional
purposes-busness and pleasure. My domicIl is
Texas and have no expectation Of changing it.
The right to vote vote for magistrates is a sweet
power. But assure your readers that men can
five happily without it. 1 have voted but three
times in tWenty-three years; once against the
ordinance Of secession: once for Union candi-
date for Supreme Judge, and once for the new
constitution to restore the State to the Union.
And yet would not voluntarily surrender the
right and power to vote in q State, and had tho
remOdelng Of republican government no mag
istrate should be chosen by other magistrates, but
every magistrate, great and small, should be
elected directly by the people, for short terms,
thus making them directly responsible to the
people. Next to the absurdity Of having magis-
trales born magistrates, is the absurdfty Of hav-
ing magistrates, as such, choose other maZis-
trates.
government is based upon the theory that all
magistrates shall be elected by the people. And
it will be years before democratic republics will
reach that experiment.
Your paper the other day stated the first point
in the controversy. And that is does the COnsti-
tuition of the United States give to Congress the
right to create distinct elective government in
the District OF Columbia? Or, more accurately
perhaps, can Congress or the people Of the Dis
trict create a government for themselves with
the power to elect their own Legislators, in whole
or in part.
do not think the solution of this question de-
Tives any aid from the section ''abOUt the terrific
ries.n The Constitution, as originally written,
was divided into articles and sections. ERumer-
ated clauses have been the inventions Of editors
and printers. By general agreement the clause
relative to such District is clause Il Of section s.
article l. and it Immediately precedes the ''neces
sary and proper powers The clause reads thus:
ITO exercise exclusive Legislation in all Gases
whatsoever, over such District (nOt exceeding ten
Miles square) as may, by OesstOn Of particular
States. and the Acceptance OF Congress, become
the Seat Of the Government Of the United States,
purchased by the Consent Of the Legislature Of
the state in which the Same shall be, for the
Erection of Forts, Magazines, Arsenals. Dock
Yards and other needful BUildings:-And"
The final clause follows the and
Article ". section 3, clause 2, reads thus:
The Congress shall have Power to dispose Of
and make all needlUl Rules and Regulations re-
spccting the Territory or other Property belong
ing 10 the United States; and nothing in this
Constitution shall be go construed as TO PrCju-
dice any Claims Of the United States, or Of any
particular State.m
To print .sTerritories, instead Of Territory
has become a habit so persistent that it actually
miSleads inaccurate thinkers.
II will be seen that the two clauses are in diff
lerent articles and have no necessary connection,
nor have any combination, whatever. The clause
in relation to the District contemplated a cessiOn
by particular States Of District not to exceed
ten miles square, and the acceptance by Congress:
this District TO become the seat Of Government;
and over this District Congress was given the
power to exercise exclusive legislation. And
with only the division Of coma, land to exercise
like authority over all places purchased by the
consent Of the Legislatures Of the States in which
the same shall be- for the erection Of forts, maya
zines, arsenals, dock yards, and other buildings.
But neither to the District noras to the places
did the Constitution contemplate the cession or
the purchase Of soil; by or from the States. 1t
was CessiOn Of jurisdiction by the States which
the Constitution contemplated, "the purchases" of
the soil might be made from individuals. but
until made by the consent Of the States. the
United States could exercise no Jurisdiction.
In point OF fact, the District OF Columbia, mot
the sOil) was ceded to the United States, and ac-
cepted by Congress: and the courts in it were es-
taDlished on the 9th day Of February, 1901.
Were TO indulge in speculation, drawn from
judicial precedcnts, l should say that the grant
Of power to Congress, the cessiOn by the States
and acceptance Dy Congress, and the establish
ment of the seat OF Government here, give to
Congress the exclusive right of legislation; that
is, 1t excluded Maryland and Virginia from the
District and left Congress all the powers Of legis
latiOn OverpeOple and things in the District which
Maryland and tho Union combined now have over
the residue of Maryland. In other words, Con
gress may prescribe the whole rule Of action for
the District. This being indisputable, the ques
ton naturally follows, can Congress divide the
District into counties. townships towns and cities
and confer upon the people corporate powers Of
legislation, create for them legislative govern
ment with limited or general powers, with the
right Of the people to choose magistrates, and to
exercise all or part Of the powers Of the states?
ii this can ne answered IN the aulFmaJlNe, II ne
ccssarly follows that ii can be done in every port
arsenal. magazine and dOck-yard, and other
needful buildings; for all these are included in
the same comprehensive sentence. 1t would
therefore result that vast number of the people
Of the States might be entirely Withdrawn from
the legislation Of the states, and they might
have corporate and municipal legislation for
hundred little communities
The power Of Congress 70 pass laws for the gov
Verumcnt Of the inhabitants Of all these places
cannot be denied; nor can 1t be denied that IL was
said the TTdFFdIfEF and has also 6een said by
one Of the justices Of the Supreme Court of the
United States, that the people Of the District Of
Columbia might have local Legislature; so in
corpOrated cities have been created, their legsla
tion recognized; the corporations have been abOl-
ished, District government created and that
abolished; but surely before long the Legislation
Of the District will lie brought In review. still,
as the Constitution has created no authoritative
eXpounder, and the supreme Court often reyerses
Its own deci lions upon constitutional law, the
question Of power Is still open, and always must
be; and in every aspect it is one for the grayest
have said that the subject can draw no aid
from art. tx, sec. 3, clause 3 already quoted.
The power there given to Congress Is to ''dis-
pose Of and make needfUl rules and regulations
respecting the territory and other property be-
longing to the United States" This grant Of
power applies to the property Of the Union
Wherever situated. Its as applicable to the pub
lie lands Of Florida, Alabama and Mississippi
ana every state west Of the Mississippi and Ohio
rivers as It Is TO the nine organized Territories
and the Indian country. Indeed these rules and
regulations ms5 extend to he. property OF the
United States upon the high seas and In foreign
nations Yet the right Of exclusive legislation
over the places Were this property exists BY no
means fellows. The property, not the places,
gives the right TO makercgulatlons concerning IL.
viii not deny that the word 'teTritOry'' in this
clause had reference to the "croWn lands" then
recently eeded BY Virginia Ner would eoutine
II, as Chief Justice fancy did In the bred Scott
case to that territory and land alone. II may
apply as we'll to the eessiOns by France, Spain,
Mexico. and Russia. But all these purchases
looked to the hTst clause 10 the same section;