Evening star., 1939-07-16

tutional amendment for this pur-
pose.
John Randolph, jr., in February,
1903, said in the House: II could
wish, indeed, to see the people within
this District restored to their rights.
This species of government is an
experiment how far freeman can be
reconciled to live without rights; an
experiment dangerous to the liberties
OF these States. But In as much as
it had been already made, in as
much as I was not accessory to it,
and as at some future time its dele
terious effects may be arrested, am
disposed to vote against the resolu-
tion."
In 1903 it was proposed to retro
cede to Virginia and Maryland the
portions of the District which they
had ceded. Among the reasons as
signed for voting down the PROPOSE
tion-66 to 26-was this: 1.-THE evil
may be remedied by giving them a
Representative in Congress when the
District shall have become sufficient
ly populous, and In the meantime a
local legislature" (Tindall in Origin
and Government of the District of
Columbia" PIP. II and 49,
Roger B. Taney, as counsel in the
celebrated case of Van Ness against
the Corporation of Washington gives
the definition generally accepted
when he says: page 81 Of H. j. Res.
IL and 80 in 1921 before House D. C.
Commee.) 1.-The Constitution of the
United States declares that Congress
shall have exclusive legislation; but
it does not require that the power
shall be despotic or unlimited. 1t
merely excludes the States from all
interfering legislation
But the proposed amendment does
not in any way challenge the power
of exclusive legislation On the
contrary, it assumes that that power
will continue. and simply provides
that representatives of the District
Of Columbia in the Senate and in
the House shall have a vote in the
exercise of that power.
Exclusion Not Necessary.
In his message to Congress in 1881,
President Jackson put the matter in
these terse words: 1T was doubtless
wise in the trainers of our Constitu-
ton to place the people of this Dis
trict under the jurisdiction OF the
General Government. But to ac-
complish the object they had in view
1t is not necessary that this people
should be deprived of all the privi-
leges Of self-government."
And he put to Congress this sig
nificant question: SIS it not just to
allow them at least Delegate to
Congress, If not a local legislature
to make laws for the District sub
ject to the approval or rejection of
Congress?"
Study of the making, constituting.
and expanding Of the Constitution
discloses that there was no intent
on the part Of the makers of the
Constitution and of those who con-
strued and applied it to violate the
American principle that couples rep
resentation with taxation by exclud-
ing residents Of the District forever
from voting participation in the ma
tional councils.
Representation by the people in
the legislature by delegates of their
own election is the corner stone of
American political institutions. Hav-
ing deep roots in the constitutional
history of England, this fundamental
principle of free government received
its full and perfect recognition in
the struggle which resulted in the
independence of the Colonies and
the establishment of the United
States. The Bill of Rights presented
by the colonists to the British Par
lament declared
That the foundation of English
liberty and of all civil government is
the right in the people to participate
in their legislative councils
No Small Town" Projected.
2. The forefathers' intent and ex-
pectation concerning the size and
characteristics of the future Capital
pictured no small town of Office
holders.
Perhaps the forefathers and Capt.
tai founders may appropriately be
typified for the purpose of this dis
cussion by George Washington. What
did the Father of his Country and
the fatheR also, of the Nations city,
have in mind in respect to the Ma
tional Capital and the people who
should live in it?
Was the Nations city to be limited
in area to the ground absolutely nee
essary for the public buildings and
the governmental activities? No. AS
the Federal District was created of
the largest area that the Constitu-
ton permitted, so in respect to the
area of the Nations city George
Washington suggested in one of his
letters that the Capital of the United
States should be as much larger
than Philadelphia as the United
States was larger than Pennsylvania.
In 179l. commenting upon the area
covered by Philadelphia, he inquired
suggestively of the Commissioners
of Washington: IF the metropolis of
one State occupied so much ground,
what ought that of the United States
to occupy?"
Was this extensive city to be de-
voted solely to governmental activi-
ties? No. Washington was located
on it's Potomac site, and canal con-
Meeting the Potomac with tributaries
of the Ohio was projected and built