Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-03-25
The ketrocession Case.

As stated in yesterdays Gazette, the case Of
Phillips VS.. Payne. commonly known as the re-
procession case, cam up in the u. 5. Surr,me
Court. yesterday moruiog. R. L. Daniel, At
toruey General Of Virginia, Appealed for sbe
State of Virginia. Judge Weste Willoughby,
Of this city, opened the argument for the plain
tiff, reciting the act Of Congress establishing
the District Of Columbia aud the various pro-
cecdiups hereunder.
Mr.. Justice Field. OF CAL, inquired if the
b. Inquired into IN suit by private iudivId
ual aud such acts declared null?
Judge WiIloughby replied that tina, quas.
tuu Was not involved in the decision OF the
case. The question was purely one Of bound
AIRY, aud this suit did not question de faco acts.
Ia this connection he cited the celebrated
boundary case between Massachusetts, and
| RhoIe Island to show that the courts would
entertain such qnrstlou, and that i: would be
properly tested III suit b.tween private per
SnGS.
Mr. Justice Clifford said the question raised
| there was one OF disagreement b :,Wceu States,
and not Individuals, hu here the Two govern
meuts agreed, aud IN the present cas-" the
Uuicd States WIS not IN court asserting any
rights.
Judge w. read from that decision. showing
that it Was agreed on all hands that the sui;
by private Individuals WIS proper IN such
case.
MIR. Justice Swaync said the question in that
case was oct raised hy suit for taxes.
Judge WiIioughby continued to rguc against
h. power vi Congress to ALLEVIATE auy portion
of the District which was established a. per.
,nanent seat OF government.
Mr., Justice Miller inquired if the people OF
the Ullt"d States intended by that claus: that
tn seat ri government cru not be changed.
Judge WlIloughDy was not prepared to adj
mlt that.
Chief Justice Waite said to admit that would
be to admit away the case.
Judge Willoughby thought possibly under
some circumstances the seat OF government
might be changed.
Justice Field inquired if Congress would in
that event still retain jurisdiction over the Dis
lrct?
Judge Wloughby argued that the constitu-
ton provided that Congress shall have power
to exercise exclusive legislation over the Dis
trct to the exclusion Of all others; that Con
eress bad 20 power under the constitution to
transfer the sovereignty of the Uoited States to
Virginia, and if Congress had such power when
it submitted the enactment to'the suffragcs of
the people OF Alex ludrla for its adoption it
thereby delegated lis power oflegisIation, which
was unlawful, and D legal contemplation Con
sress had never passed be act but it had been
adopted by one THOUSAND voters Of the county
oil Alexandria Mt even the clt,Z Us of the
District Of Columbia had been con, utcd upon
tie question, nor had the great mass OF the
American people given their assent to the act
OF aIle0atlug portion OF that sovereignty 30
qlired by them under The constitution; and by
virtue Of which Congress had been invested
With the power OF exclusive legislation over
the District. The power given Congress TO
dispose OF property OF the United States did
not have reference to 40 act abdlcating its SOW
eriguty over territory acquired under the con-
stitutlon for the specific purpose of pcrna
ncut seat of government. The act establish.
ing the District of Columbia as tie seat Of gov
ernmeut aud the exercise of exclusive leglsla
ton over il by CoDgrcss was dooe 10 ,xecutiou
OF the naodatory power the constitution had
conferred, and when this bad been accomplish
ed auy act o. Congress, such as retrDcesSon t.
Virginia OF part OF such district which ten
dcd 20 disturb or alter the constitutional status
aud the established rel tooship of the district
to the balance of he ,'ted States, was 10
constitutional aud u llcnabIe.
Judge WilIoughby was followed By Attorney
Genera K. I. Daoiel, of Virginia, whose re-
marks were summarized in yesterdays report |
Ex Lieut.. Gov. M4rye and Hon. Randolph |
Tucker, OF Virginia, we're present 10 the court !
room during The discussion and manifested |
much interest in the proceedings, the latter
SUI sgestiug to and assisting the Attorney Gen
eral, although not of counsel, 10 the case.
Among other suggestions OF Mr.. Tucker was J