Evening star., 1940-01-25
Cites Dates on Law
Locating Seat Of Government.


To the Editor OF The Star:
In your Sunday editorial approving
the suggestion from Kansas that the
Post Once Department issue a stamp
commemorating the sesQuicentennial
150th year, of the law establishing the
seat of government of the United States,
you get your basic date too far from
home to record historical accuracy
The seat of government was "estab-
ished' by the Constitution of the
United States. The act of Congress- July
is, 1870, was enacted to locate" it.
This act of July 16. 1890, authorized
President George Washington to locate
the seat of government on the River
Potomac between the mouth of the
Eastern Branch (Anacostia River) and
Conococheague, the latter a tributary
of the Potomac 20 miles south of the
Pennsylvania State line. The distance
between the two points designated was
approximately 80 miles, at any point
along which President Washington could
start the 10 miles square, or less. OBJ
viously, this act was unconstitutional, as
AZ PAuSCo tllC oCdl Va 6OFCli Clltl ely
within the State of Maryland.
Though announcing by proclamation
of January "a, 1901, that he had acted
under authority of the act of Congress
of July Is, 1890, President Washington
moved the lines of the 10 miles square
south of the mouth of the Eastern
Branch, so as to include the town of AL
exandria. The Zines of experiment"
took in part of the State of Virginia as
well as of Maryland and complied faith
fully with the constitutional require
ment that the seat of government must
be district of territory ceded by States
more than one. Maryland had offered
to cede territory for the purpose by en-
actment of its General Assembly, De-
cember %, 1888, and Virginia made a
similar offer through its General As
sembly by act passed December 3, 1889.
Probably perceiving the unconstitu-
tionality of its first act of July 16, 1870,
Congress passed the supplementary act
OF March 8, 1871. This enactment re-
pealed that part of the act of July 16,
1870, which required that the seat of
So'SA AAAAACAAp OC AOSdtCO Oll ktlVcC fO.
tomac above the mouth of the Eastern
Branch (Anacostia River) and declared
that it shall be lawful for the President
to make any part of the territory below
the said limit and above the mouth of
Hunting Greek Gin Virginia) a part of
the district Of territory and also to in
clude the town Of Alexandria.
This act of March 3, 1871, is a ratifica-
ton Of President Washington's location
OF the Federal district, or seat Of gov
ernment Of the United States Gas shown
by his second proclamation of March 30.
17sD, and is the law of Congress which
fixed the location of the seat of govern
ment authorized by and in conformity
with the Constitution of the United
States.
So it is this act of Congress, March 8,
179l, that definitely located the seat of
government of the United States in
Maryland and Virginia-and not the
partially repealed act of Congress, July
16, 1790, which restricted it to MARYLAND
alone.
However, as President Washington's
second proclamation OF March 80, 1871,
definitely fixed the boundary lines Of
the 10-nile-square seat Of government
Of the United States, 1t would seem that
that should be the proper date for is-