Evening star., 1897-01-22
RETROCESSION DISCUSSED
A Correspondent Argues That It Was
Unconstitutional.
No Authority Found for the Return
of Land From the District
to Virginia.

In your article on The Ten Miles
Square in issue of the 10th, YOU say 1.-The
answer of the Attorney General to the
resolution of inquiry of the Senate must
be disappointment, as Mr.. Harmon
says" &C., &C., which throws no new
light upon the question" I respectfully
suggest that you do not read between the
lines. The Attorney General says: THE
answer to the question, What legislation
Is necessary again to secure to the govern
ment exclusive jurisdiction over the whole
or part of the retroceded territory?' is,
think. indicated in the Constitution (see
article l, sec. 8, par. 10; it is the cession Of
the territory by the state and an ac-
ceptance thereof by Congress. Inasmuch
as this inquiry here apparently assumes
the validity Of the act of retrocession (since
otherwise no legislation for the purpose
thereln mentioned would be necessary, l
deem 1t proper to state that my response
thereto is not intended as an expression of
opinion upon that point
IN other words. the Attorney General
says that as the Senate by this resolution
mas assumed the validity of the act of
retrocession. he tout of courtesy) does not
contradict the Senate or take issue with
swer to the question is indicated in the
Sonstl!utlon OF the United States in the
cession or the territory by the state and
acceptance thereof by Congress" 1t is
not assume the validity of the act of
retrocession.' but means to say that no
iegisla,ion whatever is needed from Con-
sress upon the subject meaning that the
isnu % Deiohgs to and Is in the District of
CoiumE1a as much as it ever was. And
thls II is not difficult to see The Consti-
sutton (article /, sec. 8, par ID says: THE
CoIsress snali have power to exercise ex-
ciuslVe legislation in all cases whatsoever
over such district (not exceeding ten miles
square) as may by cesson of particular
states and the acceptance of Congress,
1ecome I the seat of government of the
nave power tpar. 1S to make all laws
"nlcn snail be necessary and proper for
carving into execution the foregoing pow
els, &C. Ihis authority and these powers
were given to Congress by the states in
tnelr adoption of the Constitution. and
.he states being party must be a party
10 any change of these powers or of this
autnority; or to the receding of such dis
ict or any part thereof to the states
"nich ceded their jurisdiction The Con-
s.tutlon thus gave Congress, first, power
60. 90 &C accept jurisdiction for the United
o,a.es over such district which may be-
eoine c 'he seat OF government of the United
states. but this power to accent" was a
special power given to Congress which ex
,.h nIusted itself when it was performed, ie..
When congress accepted the cession bv ire
act of July IT, 1880. which saws "anJ ,ho
ulstrlct SO defined, limited and located shan
pe o.emed the district accepted by this act
~ aer .ne permanent seat of the government
OF the United States" Hence so Far DC ~
authority existed, it expired on nerforn,
ahce OF the act of acceptance SeconJ
congress was given the right TO exercise
e1.or No,usNe i've legislation in all cases whatso-
ever over such district" Here is anntbo
power given. but this power is contin,,ons
~ iohs as the necessity for Its exercise
enis'sLt e;,is Is In perpetuo; also it is excI,-
i1, nve. ana as 1t Is exclusive it is all author
remember the discussion Of the legality 81
me act OF Congress Of February ISL al
oeihptlhs to delegate power to the DIs,rio,
and ,na;tI nneht then created with a governor
anu anu legislature, and how the courts haI.1
that II could not DO So and ,bat ~ neiu
eill einneht then created was merely mint
sn, corporation with no attributes nf
sovereignty. oi
10 say that Virginia now exer.is.s ,,.,.,
PoMers In any part of what was ever ~ a
Distrlct t OF Columbia is to saw that daia
nartta 1aom oi power to subordinate to do p
subordinat 'nlhg can be extended by the
~ aS thdt congress could and by the act
" re.rocession OF 1885, did, delegate ~
r,.I sihia the power to legfslate over tor.
Congress the exclusive ri9ht IN lea,sfa.o gay
G ur.ner' Congress 'is authorized" to nnsLa
an laWs necessary for carrying into eyscn
ian0. taom 'ne foregoing powers" but to make
"forepo,ns nol nes.rict or repudiate these
esoils powers Congress has no an
thority whatever. The several sto 49,,
ana we. the people," are the nartias -
TINS contract-this CONSTITUTIONS
a,th % tdy tleir agent, and until this sovereign
authorizes Congress to cede away the Dis
.iiet oI Columbia, or any part of it. or dele
sate !he power and Jurisdiction of the
onlteo states over this District or anv
subject are simply void In a report to the
uu1ted States Senate Senator Southsrd
once said: THE District was the creation
0a the = mon FOR Its own purposes-and the
rpp,11i 10, l.o-.
all legislation as the seat of government
OF the United States" This does not mean
one corner Of 1t, nor two corners of it. NOT
nve or six miles square, nor five or six
s;s.s sHua,e miles OF 1t, but all Of 1t. ie. Such
district as may by cession Of particular
states and acceptance Of Congress become
the seat of government" The whole Dis
tr1ct became qualified as. and to be the seat
OF government of the United States. and
being once qualified to be such, only the
sovereign power could change it or any
part OF 1t. In speaking of grants of land
made by citizens to the general government
for Washington city, the Supreme Court in
Van Ness VS.. U. s.. Peters, said: '.These
grants are made for the foundation of a
federal city, and the public faith was neces-
sariiy pledged when the grants were ac-
cepted to found such city. The city was
designed to last in perpetuity, capitola i'm
mobile saxum."
How much more strongly this language
applies to the District" itself in which
such city was to be built and defended.
and to provide and protect which these
constitutional provisions for its perpetu-
ity were erected, must be apparent to all.
Strictly, the District is a creature of diff
ferent parentage-four parties-viz: The
two states which ceded their respective
parts, the states which by the Constitu-
tion authorized the contract and its ac-
ceptance; and Congress representing the
United States as a governmenD, which
executed tie power Of accepting the grant
and exercises exclusive legislation over
it: and neither Of these parties, or no two
Of them, can alter or repudiate the condi-
tions established, mutually accepted and
acted upon by them all. The power ito ex-
ercise exclusive legislation" could not give
Congress the right to divest itself at will
of this exclusive power to legisIate for
the people Of such District" for that
would terminate Its power to Exercise
exclusive legislation Neither can 1t divest
the states and I'VE the people of the
United States of their rights in and juris-
diction over such district" dedicated by
them to and for a specific purpose. For
Congress to cede away the whole or any
part of 1t is to legislate away the subject
matter in which and over which Congress
has only right Ito exercise exclusive legis-
lation," and 1t has no power to violate the
spirit Of it's instructions given to it by
ceding, relinquishing. wasting or destroying
this trust estate" committed to its care by
the states and people. In law it takes the