Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-06-09
ALEXANDRIA AND TIE DIS
TRICI OF COLUMBIA.

IRiCI Or OOLOmOlAs
Az heretofore stated Mr.. Hayes, oil
California. on May q introduced a bill
in the House of Representatives to ex-
tend the limits Of the District Of Column
bia 40 "A to lake in all of Alexandria
couuty. but not Alexandria city or that
mart of Falls Church which lies within
the county. The bill was published in
foil in the Gazette of June /. Com
menting upon this the Gazette of June
lat suggested that MT. Hayes should
read the report made to the Senate on
this subject by the late Senator Hoar.
This report reads as follows and has
never before been published in full :
Oonstitutionality OF the retrocession OF a
certain portion of the District OF COL
Iumbia coded to the United States by
Virginia.
April il, 1902 Ordered to be printed
MP HOAR, from the committee on the
judiciary, submitted the following
ADVERSE REPORT.
The committee on the Judiciary, to
Whom was referred the joint resolution
Is. r. 5O) directing the encouragement
IN hiring suit to determine the cOnstitu-
tiouslity of the retroeession of that por-
ton of the original District OF Columbia
which WAS ceded to the United States
5y the state OF Virginia, submit the iol-
lowing report:
The territory on the other side OF the
Potomac river, including the city oil
Alexandria, which was originally part
of the 10 miles square, WAS coded by
Virginia for the seat of government. 1t
was retroceded to Virginis by act OF
Congress in 1916, accepted by Virginia,
and thereafter Congress exercised no a.
risdiction over it, except 80 far ss 1t eon-
drols the Arlington national cemetery,
The experimental farm OF the Depart.
ment of Agriculture, the military school
for cavalry, and the signal corps, with
che land and buildings occupied by them
Ii seems to the committee that 1t is
not expedient that this act OF retroces'
sion should be set aside by Congress,
even II Congress have the power 80 to
do, without the consent OF Plrginis.
Virginia accepted the transaction, II
being understood that it was at the de-
sire and for the benefit of the rational
government. She hss established IN
Alexandria the important and intimate
relations which every state forms for lis
own citizens dwelling on her own soil and
the people, on the other hand, we pre-
epme. feel the loyal and deep attach
ment which such relation excltes Such
a tic ought not to be wantOnly broken,
and ought not to be broken st all with
out the consent OF the parties, except 10
case of some paramount and overEhel-
ming public interest.
As to the suggestion that the retro
scessiOn WAS unconstitutional, it seems to
us The answer is tina. from the nature oil
the case il is political and not "a
dicisl question, AMI that it has been set
tied by the political authorities alone
competent to decide it. 1t is like the
question, What is the true state govern
ment, the true and lawful government OF
a state like the question, What is the
true frontier? where any dispute exists
as TO whether territory belongs to us OF
10 q neighbOriDg foreign country, end
many like questions.
These are partly questions OF law snd
partly questions OF fact. The questions
of law may be settled by the highest
court to whom, ia the course of Judicial
proceedings, they may be taken, uoless
aud until that court choose to reverse ITS
previous opinions. But the fact must be
determined ia each case, when II arises,
by the Jury or other tribunal authorized
20 find the fact. 1t would he utterly IN
solerable that territory should be held IN
one case to be a part of Virginia, aud in
another case to be part OF the District
of Columbis, according ss might be held
in the individual csse.
So il seems to us the case 1lnst be
deemed settled by the acquescence 10
the act by Virginia and OF the United
States, 90 manifested by the conduct o.
the departments of government for more
than halt century. The consequence
of holding that this retrocesslon ha'
been void from the beginning would be
very serious.
Ii il be desirable that Alexandra be-
come part of the District of OOlumbif
again, the only way to accomplish 1t viii
De to open negotiations with Virgins
and get Ter consent. (See Luther v
Borden, z How, ~
The committee, therefore, report sp
vessely, and recommend that the resolu
.iou be indefinitely postponed.