The Washington herald., 1910-01-18

Senator Haywood of North Carolina Who as
chairman Of the District Committee bitterly as
sailed The constitutouality Il the act Of reroces
sion the meaning and effect Jf section 5. Article l.
was fully explored.
! cannot d07Ibt the soundness 0f the conclusion
then reached by many leading statesmen q that
day 10 the effect that considered In reference 20
that part q the Constitution alone. the act Of
TetrOcession Is null and void What I cannot I'm
destaud Is the fact that 10 any debate. however
hastily conducted. the deeper and more obvious
argument based on the contract clause 4 the Con
stiuti0n article J. section 10. shCld have been
entirely overlooked And yet the reo1rd shows that
such the fact
Il never occurred 20 any one in 1876 or since that
time. 90 look 90 the sources q the title in the
qgsdrlateral contract upon which the ownership q
the ten miles square really depends What is
said herein as 70 that branch 4 the subject IS NY
personal contribution % the controversy
Acquirement of site.
/ He goes into history TO show how the
site of the National Capital was discussed
and finally acquired, and says;
After prolonged discussion the act Of july l6 l7o
was passed and the site Z the District finally 10
Gated partly in Prince George and Montgomery
! counties in the State Of Maryland. and partly in
/ Fairfax County. IN the State Of Virginia. b. pro
c,4mation of President George Washington, March
/ 59 l7sl within the following bounds.
Beginning at Jones Point, being the upper cape n
Hunting Greek. IN Virginia and at an angle in the
outset 4 45 degrees west Il the north and running
in a direct line ten miles for the first line: then
I beginning again a. the same Jones Point and run.
ming another direct line AZ q right angle with tie
/ first a-ross the Potomac ten miles
/ From the diagram It appears that the Portion
derived from and rcCeded 70 Virginia" constitutes
nearly 0nehan 4 the teTrlfor q the District a
/ originally defined IN the PROCLAMATION Of March %
l75l II he act q July g, 1876 Stats. 5j entitled
An act 20 T5trocede the County Il Alexandria IN
The District # Columbia 10 the State q Virginia
is unconstitutional and void. the laws Of the JuteJ
/ states -huuld U5w be executed by the Presideu
throughout the Portion derived from and recodet
90 Virginia
Continuing. he says.
After the rovsr 70 elect the scat Of soTerumeu
had been once exercised by gorgr5s. after the Ces
sion had been made for that purpose by 'U8rri-I
lar States" after the area 81 esde5 had been sc
/ CeptCi ly Congress UUie- the az, ~ July l6. L4
declaring "the same s hereby accepted iuT The gsr
maneut seat q the government q tho Unite.
States. the power ~ Congress over TIE 1Ihiec
matter was eXhzus-ed. or If II was not exhausted
CrU.d not again h0 exercised hlCausc no power r.
uaiued 20 transfer the District as originally create,
and accepted. " any portion ~ u % any state
/ In other words after q district Ten miles @guar
had once beer established and accepted as a Per
maucnt seat Of government. Congress p1ssCssGd ID
power 60 acquire another Territory for another sea-
n EHJmmtuf Wi,he1t violating the constitutions
limitation which confined 81 90 tAe zen miles square
The Congress. an agent 5f limited authority wa
expressly authorized ~ receive Ctss,uls from State
q limited amount II territory 20 b. held ss
/ permanent seat 4 government; but % wa5 not au
thorizeI expressly implicdly. 90 give any part O.
suCh sessions away 90 any one. such was the con
sttutiual difficulty which the Hon. T. VI
Hunter attempted 90 overcome when ths bi! il
question was uU Tor debate iu the House Of Repre-
Eeutallvts MAY :. $50.
Section of Article I Of the Constitution vher
takou a whole. provides that "the Congress ShaI
have power 70 exercise exclusive Legislation
in all cases whatsoever over slch District tuo
exceeding ten miles square, may. by ceSslon q
particular states and the acceptance cf Congress
become the seat q the government Il the Jnite<
States. and % exercise Ike authority over al
places purchased hy tie consent 0f the legsistUr
Uf tbe State iu which the same shall be for IN
erection 1f forts. magazines. arSsua.s d1csgards
and other ueedful things" The delegation o.
power thus made ~ Congress % acquire a seat O.
government for the United States. through f1Tma
acceptance e Dessiou~ 90 De- made hy pertlcll3
States is a distinct sIbjecimatter entirely separat
and apart from the sucCeedUg delegation q p9we
to govern al places purchased by the C0uSeu
q the legislature = the State IN which the sam
I shall be- Did the gaut Cf an express pgwe
formally 10 accept cessiCns from particular States
which were 20 constitute and "hecrme the sat q
government of the United States carry with II
a. necessary implication, the night % use th
means necessary Tor the execution q the power
In ether words did the implied power TO use sue
necessary means How from the express. power q
accomplish The end In constituting nat claus
which provides that Congress shall have power .
make an laws which shall be necessary and prUpe
for carving into execution the foregoing powers an
al other powers vested Ay the Constitution IN tn
government Of the United States. IN any depart
mont Officer thereof It was held at an earl
day that the clause in question "coufers on Con
gress the choice Of means and does not c1unne
to what Is indispensabIy Necessary"