The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-03-28

As stated 10 yesserday's Gazette. the cast
I Of Phillips Us, Payne, commonly known hi
the retrocession case, came up Id the Uuited
States Supreme; Court YESTERDAY morning
4 Il. r. Daniel, Attorney General Of Virginia,
1 appeared for the State OF Virginia. Judge.
! Westel Willoughby. OF this city, opened che
argument for the plaintiff. reciting the act oil
| Congress establishing the District of Colum.
bia and the various proceedings hereunder,
Mr. Justice Field, OF California, inquired
II the legality OF acts of de fdcto govern
ment could be Inquired into in suit by o
priYates individual and such acts declared
null?
Judge Willonghby replied that that aues.
tion was not involved In the decision of.the
case. The question was purely one Of Bound.
ary, and this suit did not question de 5acto
acts In this connection he cited the celebra-
ted boundary case between Massachusetts
and Rhode Island to show that the courts
would entertain suchta question, and that il
would be properly tested in suit Between
private persons. i4f.as ~ 8 -
Mr.. Justice Clifford said the question raised
there was one of disagreement between
States. and not individuals, but here the two
governments agreed, and In the present case
the United States was not in court asserting
any rights. ~ d. -<Fsl.,
Judge Willoughby read from that decision,
showing. that it-was agreed on all hands that
the suit by private individuals was proper
in such case, 81
MIR. Justice Swayne said the question In
that case was not raised by suit for taxes.
Judge Willougbby continued to argue
against the power of Congress to ALLEVIATE
any portion of the District which was estab-
lished as permanent seat OF government.
Y Mr.. Justice Miller inquired If the people
Of The United States intended by that clause
that the seat of government could not be
changed. a,
Judge Willoughby was not prepared to
admit that. TN. - s i
Chef-Justice Waite said to admit that
would be to admit away the case. 81 s.tz
Judge Wilioughby thought possibly under
some circumstances the seat OF Government
might be changed. -. l-,j;
Justice Field inquired If Congress would
in that event still retain Jurisdiction over
the District. ,-s.Js ,...as. a11,,
Judge Willoughby argued that the Con-
stitution provided that Congress shall have
power to exercise exclusive legislation
over the District to the exclusion Of all
others; that Congress had no power under
the Constitution to transfer the sovereignty
Of the United States to Virginia, and if
Congress had such power when it submitted
the enactment to the suffrages Of the PEG.
pie of Alexandria for its adoption it thereby
delegated its power Of legislation, which
was unlawful and in legal contemplation
| Congress had never passed the act, but it had
been adopted by one thousand voters of the
county of alexandria. Not even the citizens
| Of the District Of Columbia had been con-
suited upon the question, nor bad the great
mass Of the American people given their
assent to the act Of aIienating portion OF
that sovereignty acquired by them under the
Constitution, and by virtue Of which Con-
gress 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 an act abdicating its sovereignty
over territory acquired under the Consti.
tuition for the specific purpose Of o perma-
rent seat of government. The act estab.
tlishing the District of Columbia as the seat
of government, and the exercise Of exclu.
siYe legislation over it by Congress, was done
in execution of the mandatory power the
Constitution had conferred and when this
had been accomplished any act Of Congress,
such as retrocession to Virginia of part OF
such District, which tended to disturb or
alter the constitutional status and the estab.
lished relationship of the District to the bal.
ance of the United States, was uncopstitu.
tional aad untenable. H..
Judge Willsughby was followed by at.
torney-General R. T. Daniel, of Virginia,
whose remarks were summarized in yester.
day 3 report. - II ~ =.
ExLieutenant.G Governor Marye and Hon.
Randolph Tucker, of Virginia, were present
in the COURTROOM during the discussion, and
manifested much interest in the proceedings
the latter suggesting to and assisting the At
torney-General, although not of counsel in
the case. !, Among other suggestions OF Mr.:
Tucker was the apt one to the effect that the
Government having imposed direct tax
upon the State of Virginia and executed the
law in the county of Alexandria, and having
purchased the Arlington estates under sale
made in pursuance Of that law, it was such
q recognition Of the territorial supremacy OF
Virginia as could pot row be gainsayed.-
alexandria Gazette.
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