The Washington herald., 1913-01-19
RETROCESSION ACT OF 1916 Is
AGAIN BROUGHT BEFORE PUBLIC
Residents Of Interested Territory Trying to Get Final De-
csion on the Much Disputed Question Of Whether
District Be as Originally Intended.
CLAIMED If ACT STANDS ALL LAND ~
NDISTRICTI IS PLACED In JEOPARDY

pursuant to the tenor and effect OF the
Constitution OF the Government OF the
United States.''
Grant. from Nincteen PROPRIETOR.
On March %. I7si. nineteen local pro-
prietors executed an agreement in which
I'VE. the subscribers. in considera ton
Of the great benefits we expect to derive
from having the Federal city laid on
upon our lands do HEREBY agree and bind
ourselves. heirs, executors. and admin
istrators. to convey. In trust. TO the Pres
ident OF the United States. or ccmmis-
sioners. or such person or persons as he
shall appoint. by good and sufficieht
deeds, In fee simple. the whole of our re-
spective lands which he may think proper
to include within the lines OF the Federal
city. for the purposes and on the eondi-
tions following:
THE President shall have the sole pow
er Of directing the Federal city to be laid
on in what manner he piesses.
He may retain any number OF Squares
he may think proper for public improve
ments, or other public uses. and the lots
onIy which shall be laid on shall be a
joint property between the trustees on
behalf of the public and each present pro-
prietor. and the same shall be fairly and
equally divided between the public and
the individuals as soon as may be the
city shall be laid OF.
For the streets the proprietors shall
receive no compensation. but for the
squares or lands in any form which shall
be taken for public buildings. or any kind
OF public improvements or uses. the pro-
prtetors whose lands shall be taken shah
receive at the rate Of e25 per acre. to be
paid by the public
On or about June q. 1871, these nine
teen original proprietors Of the greater
part Of the lands which now constitute
the city Of Washington. in execution OF
the agreement Of March %. 1871, conveyed
them in trust. by deeds in a form append
ed later on. In each one OF these trust
deeds It is provided that the lands in
question are conveyed
To and for the special trust follow
ing and no other: that Is TO say: That all
the said lands hereby bargained and sold,
or such part thereof as may be thought
necessary or proper 10 be laid out, to-
gether with other lands within the said
limits. for a Federal city, with such
streets, squares. parcels. and lots as
the President Of the United States for the
time being shall approve, and that the
said Thomas Beall. OF Georgia, and John
NJ. CAN'T, or the survivor of them, or the
heirs of such survivor. shall convey to the
commissioners for the time being ap-
pointed by virtue OF the act of Congress
entitled: An act for establishing the
temporary and permanent seat of the
government of the United States and
their successors. for the use of the Unittd
States forever" -
Thus 1t appears that nineteen local pro-
prietors conveyed their lands to the
-pN~ ~nI
and conditions of section OF the act ap-
proved July 1s. 1870. which provided ex-
pressly as follows: That the President
OF the United States be authorized to ap-
point and by supplying vacancies hap
pening from refusals to act or other
causes. TO keep in appointment as long
as may be necessary, three Commission
ers, who, or any two OF whom, shall, un-
der the direction OF the President sur
vey. and by proper metes and bounds. ode
fine and limit district of territory. under
the limitations above mentioned, and the
district 81 defined. limited, and located
shal be deemed the district accepted by
this act for the permanent seat of the
government of the United States" Act
ing under and by virtue of that section
the President. by his proclamation of
March ~. 1921. completed the acceptance
and defined the boundaries Of the said ter
ritory II ten miles square
The Final Grant from Maryland.
Maryland. the last to convey, took no
cehnite or effective action prior to the
passage of her act OF December 10. 17s1-
entitled An act concerning the Territory
Of Columbia and the City of Washing.
ton. In that grant, embodied in a very
elaborate act of thirteen sections, Mary
land put the fact beyond all question that
the prior grants made by Virginia and
the nineteen proprietors were conditions
precedent to her grant. With the predi-
cate thus laid the general assembly of
Maryland enacted -.
That all that part of the said territory
called Columbia which lies within the
limits OF this State shall be, and the
same is hereby. Acknowledged to be for
ever ceded and relinquished TO the Con-
gress and government of the United
states, and full and absolute right and
exclusive Jurisdiction, as We'll Of soil as
OF persons residing or to reside thereon
pursuant to the tenor and effect Of the
eighth section of the first article of the
Constitution of government of the United
States
Immediately preceding that enacting
clause We find, in the conclusion Of the
preamble. the following decIaration:
Whereas. 1t appears to this General
Assembly highly Just and expedient that
all the lands within the said city should
in due proportion, in the
means which have already greatly en-
HANGED the value of the whole: that an
incontrovertible title ought to be made
to the purchasers. under public sanction:
that allowing foreigners to hold land
within the said territory will greatly
to the Improvement and popu-
lation thereof. and that many temporary
provisions will be.necessary till Congress
the jurisdiction and government
over the said territory; and ,
Whereas, in the cession of this State.
made. OF territory for the
of the United States, the
lines OF such Cession could not be PR
ticularly designated - and II being ex-
pedient and proper. that the same should
be recognized in the acts OF this State,
&C.
Here We have an explicit declaration
upon the part of Maryland that the two
States and the local proprietors were CO.
in common enterprise
whose leading motive was the enhance
ment OF the value OF the total territory
by each to a common fund.
The declaration that ''tt appears to this
General Assembly highly just and exped-
isnt that all the lands within the said
rffy shnntd In dua r1ropnrffar,