Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-07-28

Dear Sir: The Washington F0st has
apparently, taken up, with grest earnest
ness. the question of taking back int
the District of Columbia the land south @
the Potomac river, which was receded
Virginia in 1876. 1t has an article upor
the subject, in its issues of July twenty
fourth, In its Sunday issue OF JUL
. tWenty.ffth, in its issue of July twenty
sixth, and again on the twenty-seventb
1t is said that some strong private In
terest are back OF the movement.
All the articles refer to some remark
of yours at public dinner in Washing
ton on May eighth. In your speech
you are quoted as saying: 81 hav
never been able to satisfy myself tba
retrocession was within the power o
Congress to make" and other lauguag,
used by You, in your address, rsthe
clearly shows that you view the retro
cession act as unconstitutional.
have no disposition to take issue a
to the academicsl question of constitu
tionslity. 1t appears to me, as it doe
to many Virginians, that the mere con
stitutiouality of the act is not the res
question involved.
There is a moral question which over.
rides all legal questions, and l hardly
think you have considered that side. Bat
even on the legal side, there are Other
questions than the mere constitutiOnslity
90 tho oof of rsfpncoaaion
West Virginia became a state Of the
union, a caessrin birth, but will tha
stand the test of constitutiouslity II We
look to the strict letter of the instru-
ment? The constitution says, Art. w,
section 8, "No new state shall be formed
or erected within the jurisdictio1 OF any
other state, nor any state be formed BY
the junction of two or more states ol
parts of states, without the consent o.
the legislatures of the state concerned ~
section 4, "The United States shsl
guarantee to every state in this union g
republican form of government"
No state had the right to secede, is
claimed to have been established by the
civil war. Then, if Virginia never le'
gally went out of the union, how wa:
West Virgins legally created?
II it is claimed that Virginia con-
sented, the answer Ia that her so.called
consent rests upon the grossest fraud,
and that violates the consent.
When Vlrginis, herself, was received
L., t-N fho nntOn ofoto NTH har
boundary fixed with Alexandria county
and city part Of that boundary, and
accepted by the United States as state
of the union, with all the rights growing
out OF that relation, can the question
now be raised, and part boundary
taken away from her?
As to the legality of the creation ol
West Virginia, looking to the stric'
letter OF the constitution, you do &C.
cept the creation of West Virginia as q
.egal act, how can you, at the same
time, view the acceptance back into the
union of the state OF Virginia, which in
cluded Alexandra county aud city, a.
40 illegal act?
Where can you find any authority in
the constitution for taking away par
of the territory of the state which has
been accepted as much, apparently with
all formslities by the United States
government?
But, as stated above, 1t seems to mi
that the legal question is q small matter
compared with the morul question.
When this matter was before tn
Senate, some years aGO, Senator Hoar,
| Massachusetts,, made report upon thl
question, which looked at the mora
side. That report was, in part, {
follows:
'It seems to the committee that 1t j
not expedient that this act OF retrocessio
should be set aside by Congress, even
Congress have the power so to do, with
out the consent of Virginis. Virgini
accepted the transaction, it being under
stood that it wss at the desire aud 70
the benefit Of the national government
| She has established in Alexandria th
important aud intimate relations whic
every state forms for its own citizen
dwelling on her owu soil and the peOpl'
on the other hand, we presume, feel tt
loyal and deep attachment which such
relation excites. Such ties ought nj
to be wantouly broken at all without tt
consent OF the parties, except in case
some paramount and Overwhelming publ
interest.
"As to the suggestion that the retrOce
sion was unconstitutional, it seems to
the answer is that from the Dsture OF Il
case 1t is a political and not a jndici
question, aud thst it has been settled
the political authorities alone compeIel
to decide il.
$50 it seems TO Us the case must
deemed settled by the scquiesceuce
the act By Virginia and OF the Units
States. as manifested by the conduct
the departments OF government for mo
than half q century.
eff it be desirable that Alexandra b
come a part of the District OF Columb
again, the only way to accomplish
!, will be open to negotiations With Virgiu
and get her consent"