The Daily Render

by

A Digital Scrapbook for the Past, Present, and Future

| FRONT PAGE | GEOSPATIAL ART | DC HISTORY / TIMELINE | NEWS | COLONIST | FOUND MAPS | FRACTALS |
| PHOTOGRAPHY | ANTIQUE | DESIGN | VIDEO | RANDOM | CONTACT |

Scan & Text of the 23rd Amendment to the United States Constitution
|| 12/17/2010 || 2:02 pm || + Render A Comment || ||

Scan of the 23rd Amendment from the National Archives

Scan of the 23rd Amendment from the National Archives


S.J. Res. 39

Eighty-sixth Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington, the sixth day of January, on thousand nine hundred and sixty

Joint Resolution

Proposing an amendment to the Constitution of the United States granting representation in the electoral college to the District of Columbia

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution only if ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:

“ARTICLE —

“Section 1. The District constituting the seat of Government of the United States shall appoint in such a manner as the Congress may direct:

“A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

“Sec. 2. The Congress shall have power to enforce this article by appropriate legislation.”


Related 23rd Amendment Entries:

+ MORE



Joseph Story: Commentaries on the Constitution of the United States, Book 3, Chapter 23 – POWER OVER SEAT OF GOVERNMENT AND OTHER CEDED PLACES
|| 12/10/2010 || 2:14 pm || + Render A Comment || ||

Joseph Story was a member of the U.S. House of Representatives from Massachusetts’s 2nd district (May 23, 1808 – March 3, 1809), Associate Justice of the United States Supreme Court (November 18, 1811 – September 10, 1845), and is the author of the first comprehensive treatise ever written on the U.S. Constitution. Below is the section of Story’s Commentaries on the Constitution that deals with the District of Columbia when it was still a diamond on the map.


half plate daguerreotype of Joseph Story taken between 1844 and 1845 found in the Library of Congress daguerreotype collection

Daguerreotype of Joseph Story from the Library of Congress


BOOK III CHAPTER XXIII.

POWER OVER SEAT OF GOVERNMENT AND OTHER CEDED PLACES.

Originally published in three volumes by Hilliard, Gray & Company, and Brown, Shattuck, & Co in 1833

§ 1211. THE next power of congress is, "to exercise exclusive legislation in all cases whatsoever over such district, not exceeding ten miles square, as may, by cession of particular states and the acceptance of congress, become the SEAT OF THE GOVERNMENT of the United States; and
to exercise like authority over all places purchased by the consent of the legislature of the state, in which the same shall be, for the erection of FORTS, MAGAZINES, ARSENALS, and other needful BUILDINGS."

§ 1212. This clause was not in the original draft of the constitution; but was referred to a committee, who reported in its favour; and it was adopted into the constitution with a slight amendment without any apparent objection. 1

§ 1213. The indispensable necessity of complete and exclusive power, on the part of the congress, at the seat of government, carries its own evidence with it. It is a power exercised by every legislature of the Union, and one might say of the World, by virtue of its general supremacy. Without it not only the public authorities might be insulted, and their proceedings be interrupted with impunity; but the public archives might be in danger of violation, and destruction, and a dependence of the members of the national government on the state authorities for protection in the discharge of their functions be created, which would bring on the national councils the imputation of being subjected to undue awe and influence, and might, in times of high excitement, expose their lives to jeopardy. It never could be safe to leave in possession of any state the exclusive power to decide, whether the functionaries of the national government should have the moral or physical power to perform their duties. 2 It might subject the favoured state to the most unrelenting jealousy of the other states, and introduce earnest controversies from time to time respecting the removal of the seat of government.

§ 1214. Nor can the cession be justly an object of jealousy to any state; or in the slightest degree impair its sovereignty. The ceded district is of a very narrow extent; and it rests in the option of the state, whether it shall be made or not. There can be little doubt, that the inhabitants composing it would receive with thankfulness such a blessing, since their own importance would be thereby increased, their interests be subserved, and their rights be under the immediate protection of the
representatives of the whole Union. 3 It is not improbable, that an occurrence, at the very close of the revolutionary war, had a great effect in introducing this provision into the constitution. At the period alluded to, the congress, then sitting at Philadelphia, was surrounded and insulted by a small, but insolent body of mutineers of the continental army. Congress applied to the executive authority of Pennsylvania for defence; but, under the ill-conceived constitution of the state at that time, the executive power was vested in a council consisting of thirteen members; and they possessed, or exhibited so little energy, and such apparent intimidation, that congress indignantly removed to New-Jersey, whose inhabitants welcomed them with promises of defending them. Congress remained for some time at Princeton without being again insulted, till, for the sake of greater convenience, they adjourned to Annapolis. The general dissatisfaction with the proceedings of Pennsylvania, and the degrading spectacle of a fugitive congress, were sufficiently striking to produce this remedy. 4 Indeed, if such a lesson could have been lost upon the people, it would have been as humiliating to their intelligence, as it would have been offensive to their honour.

§ 1215. And yet this clause did not escape the common fate of most of the powers of the national government. It was represented, as peculiarly dangerous. It may, it was said, become a soft of public sanctuary, with exclusive privileges and immunities of every sort. It may be the very spot for the establishment of tyranny, and of refuge of the oppressors of the people. The inhabitants will be answerable to no laws, except those of congress. A powerful army may be here kept on foot; and the most oppressive and sanguinary laws may be passed to govern the district. 5 Nay, at the distance of fourteen years after the constitution had quietly gone into operation, and this power had been acted upon with a moderation, as commendable, as it ought to be satisfactory, a learned commentator expressed regret at the extent of the power, and intimated in no inexplicit terms his fears for the future. "A system of laws," says he, "incompatible with the nature and principles of a representative democracy, though not likely to be introduced at once, may be matured by degrees, and diffuse its influence through the states, and finally lay the foundation of the most important changes in the nature of the federal government. Let foreigners be enabled to hold lands, and transmit them by inheritance, or devise; let the preference to males, and the rights or primogeniture he revived with the doctrine of entails; and aristocracy will neither want a ladder to climb by, nor a base for its support.6"

§ 1216. What a superstructure to be erected on such a narrow foundation! Several of the states now permit foreigners to hold and transmit lands; and yet their liberties are not overwhelmed. The whole South, before the revolution, allowed and cherished the system of primogeniture; and yet they possessed, and transmitted to their children their colonial rights and privileges, and achieved under this very system the independence of the country. The system of entails is still the law of several of the states; and yet no danger has yet assailed them. They possess, and enjoy the fruits of republican industry and frugality, without any landed or other aristocracy. And yet the petty district of ten miles square is to overrule in its policy and legislation all, that is venerable and admirable in state legislation! The states, and the people of the states are represented in congress. The district has no representatives there; but is subjected to the exclusive legislation of the former. And yet congress, at home republican, will here nourish aristocracy. The states will here lay the foundation for the destruction of their own institutions, rights, and sovereignty. At home, they will follow the legislation of the district, instead of guiding it by their precept and example. They will choose to be the engines of tyranny and oppression in the district, that they may become enslaved within their own territorial sovereignty. What, but a disposition to indulge in all sorts of delusions and alarms, could create such extraordinary flights of imagination? Can such things be, and overcome us, like a summer’s cloud, without our special wonder? At this distance of time, it seems wholly unnecessary to refute the suggestions, which have been so ingeniously urged. If they prove any thing, they prove, that there ought to be no government, because no persons can be found worthy of the trust.

§ 1217. The seat of government has now, for more than thirty years, been permanently fixed on the river Potomac, on a tract of ten miles square, ceded by the states of Virginia and Maryland. It was selected by that great man, the boast of all America, the first in war, the first in peace, and the first in the hearts of his countrymen. It bears his name; it is the monument of his fame and wisdom. May it be for ever consecrated to its present noble purpose, capitoli immobile saxum!

§ 1218. The inhabitants enjoy all their civil, religious, and political rights. They live substantially under the same laws, as at the time of the cession; such changes only having been made, as have been devised, and sought by themselves. They are not indeed citizens of any state, entitled to the privileges of such; but they are citizens of the United States. They have no immediate representatives in congress. But they may justly boast, that they live under a paternal government, attentive to their wants, and zealous for their welfare. They, as yet, possess no local legislature; and have, as yet, not desired to possess one. A learned commentator has doubted, whether congress can create such a legislature, because it is the delegation of a delegated authority.7 A very different opinion was expressed by the Federalist; for it was said, that "a municipal legislature for local purposes, derived from their own suffrages, will of course be allowed them."8 In point of fact, the corporations of the three cities within its limits possess and exercise a delegated power of legislation under their charters, granted by congress, to the full extent of their municipal wants, without any constitutional scruple, or surmise of doubt.

§ 1219. The other part of the power, giving exclusive legislation over places ceded for the erection of forts, magazines, &c., seems still more necessary for the public convenience and safety. The public money expended on such places, and the public property deposited in them, and the nature of the military duties, which may be required there, all demand, that they should be exempted from state authority. In truth, it would be wholly improper, that places, on which the security of the entire Union may depend, should be subjected to the control of any member of it. The power, indeed, is wholly unexceptionable; since it can only be exercised at the will of the state; and therefore it is placed beyond all reasonable scruple.9 Yet, it did not escape without the scrutinizing jealousy of the opponents of the constitution, and was denounced, as dangerous to state sovereignty.10

§ 1220. A great variety of cessions have been made by the states under this power. And generally there has been a reservation of the right to serve all state process, civil and criminal, upon persons found therein. This reservation has not been thought at all inconsistent with the provision of the constitution; for the state process, quoad hoc, becomes the process of the United States, and the general power of exclusive legislation remains with congress. Thus, these places are not capable of being made a sanctuary for fugitives, to exempt them from acts done within, and cognizable by, the states, to which the territory belonged; and at the same time congress is enabled to accomplish the great objects of the power.11

§ 1221. The power of Congress to exercise exclusive jurisdiction over these ceded places is conferred on that body, as the legislature of the Union; and cannot be exercised in any other character. A law passed in pursuance of it is the supreme law of the land, and binding on all the states, and cannot be defeated by them. The power to pass such a law carries with it all the incidental powers to give it complete and effectual execution; and such a law may be extended in its operation incidentally throughout the United States, if congress think it necessary so to do. But if intended to have efficiency beyond the district, language must be used in the act expressive of such an intention; otherwise it will be deemed purely local. 12

§ 1222. It follows from this review of the clause, that the states cannot take cognizance of any acts done in the ceded places after the cession; and, on the other hand, the inhabitants of those places cease to be inhabitants of the state, and can no longer exercise any civil or political rights under the laws of the state.13 But if there has been no cession by the state of the place, although it has been constantly occupied and used, under purchase, or otherwise, by the United States for a fort, arsenal, or other constitutional purpose, the state jurisdiction still remains complete and perfect. 14

§ 1223. Upon a recent occasion, the nature and effect of the exclusive power of legislation, thus given by the constitution in these ceded places, came under the consideration of the Supreme Court, and was much discussed. It was argued, that all such legislation by congress was purely local, like that exercised by a territorial legislature; and was not to be deemed legislation by congress in the character of the legislature of the Union. The object of the argument was to establish, that a law, made in or for such ceded places, had no extra-territorial force or obligation, it not being a law of the United States. The reasoning of the court affirming, that such an act was a law of the United States, and that congress in passing it acted, as the legislature of the Union, can be best conveyed in their own language, and would be impaired by an abridgment.

§ 1224. "In the enumeration of the powers of congress, which is made in the eighth section of the first article, we find that of exercising exclusive legislation over such district, as shall become the seat of government. This power, like all others, which are specified, is conferred on congress, as the legislature of the Union; for, strip them of that character, and they would not possess it. In no other character can it be exercised. In legislating for the district, they necessarily preserve the character of the legislature of the Union; for it is in that character alone, that the constitution confers on them this power of exclusive legislation. This proposition need not be enforced. The second clause of the sixth article declares, that ‘this constitution, and the laws of the United States, which shall be made in pursuance thereof, shall be the supreme law of the land.’ The clause, which gives exclusive jurisdiction, is unquestionably a part of the constitution, and, as such, binds all the United States. Those, who contend, that acts of congress, made in pursuance of this power, do not, like acts made in pursuance of other powers, bind the nation, ought to show some safe and clear rule, which shall support this construction, and prove, that an act of congress, clothed in all the forms, which attend other legislative acts, and passed in virtue of a power conferred on, and exercised by congress, as the legislature of the Union, is not a law of the United States, and does not bind them.

§ 1225. "One of the gentlemen sought to illustrate his proposition, that congress, when legislating for the district, assumed a distinct character, and was reduced to a mere local legislature, whose laws could possess no obligation out of the ten miles square, by a reference to the complex character of this court. It is, they say, a court of common law, and a court of equity. Its character, when sitting as a court of common law, is as distinct from its character, when sitting as a court of equity, as if the powers belonging to those departments were vested in different tribunals. Though united in the same tribunal, they are never confounded with each other. Without inquiring, how far the union of different characters in one court may be applicable, in principle, to the union in congress of the power of exclusive legislation in some places, and of limited legislation in others, it may be observed, that the forms of proceedings in a court of law are so totally unlike the forms of proceedings in a court of equity, that a mere inspection of the record gives decisive information of the character, in which the court sits, and consequently of the extent of its powers. But if the forms of proceeding were precisely the same, and the court the same, the distinction would disappear.

§ 1226. "Since congress legislates in the same forms, and in the same character, in virtue of powers of equal obligation conferred in the same instrument, when exercising its exclusive powers of legislation, as well as when exercising those, which are limited, we must inquire, whether there be any thing in the nature of this exclusive legislation, which necessarily confines the operation of the laws, made in virtue of this power, to the place, with a view to which they are made. Connected with the power to legislate within this district, is a similar power in forts, arsenals, dock-yards, &c. Congress has a right to punish murder in a fort, or other place within its exclusive jurisdiction; but no general right to punish murder committed within any of the states. In the act for the punishment of crimes against the United States, murder committed within a fort, or any other place or district of country, under the sole and exclusive jurisdiction of the United States, is punished with death. Thus congress legislates in the same act, under its exclusive and its limited powers.

§ 1227. "The act proceeds to direct, that the body of the criminal, after execution, may be delivered to a surgeon for dissection, and, punishes any person, who shall rescue such body during its conveyance from the place of execution to the surgeon, to whom it is to be delivered. Let these actual provisions of the law, or any other provisions, which can be made on the subject, be considered with a view to the character, in which congress acts, when exercising its powers of exclusive legislation. If congress is to be considered merely as a local legislature, invested, as to this object, with powers limited to the fort, or other place, in which the murder may be committed, if its general powers cannot come in aid of these local powers, how can the offence be tried in any other court, than that of the place, in which it has been committed? How can the offender be conveyed to, or tried in, any other place? How can he be executed elsewhere? How can his body be conveyed through a country under the jurisdiction of another sovereign, and the individual punished, who, within that jurisdiction, shall rescue the body? Were any one state of the Union to pass a law for trying a criminal in a court not created by itself, in a place not within its jurisdiction, and direct the sentence to be executed without its territory, we should all perceive, and acknowledge its incompetency to such a course of legislation. If congress be not equally incompetent, it is, because that body unites the powers of local legislation with those, which are to operate through the Union, and may use the last in aid of the first; or, because the power of exercising exclusive legislation draws after it, as an incident, the power of making that legislation effectual; and the incidental power may be exercised throughout the Union, because the principal power is given to that body, as the legislature of the Union.

§ 1228. "So, in the same act, a person, who, having knowledge of the commission of murder, or other felony, on the high seas, or within any fort, arsenal, dockyard, magazine, or other place, or district of country within the sole and exclusive jurisdiction of the United States, shall conceal the same, &c. he shall be adjudged guilty of misprision of felony, and shall be adjudged to be imprisoned, &c. It is clear, that congress cannot punish felonies generally; and, of consequence, cannot punish misprision of felony. It is equally clear, that a state legislature, the state of Maryland for example, cannot punish those, who, in another state, conceal a felony committed in Maryland. How, then, is it, that congress, legislating exclusively for a fort, punishes those, who, out of that fort, conceal a felony committed within it?

§ 1229. "The solution, and the only solution of the difficulty, is, that the power vested in congress, as the legislature of the United States, to legislate exclusively within any place ceded by a state, carries with it, as an incident, the right to make that power effectual. If a felon escape out of the state, in which the act has been committed, the government cannot pursue him into another state, and apprehend him there; but must demand him from the executive power of that other state. If congress were to be considered merely, as the local legislature for the fort, or other place, in which the offence might be committed, then this principle would apply to them, as to other local legislatures; and the felon, who should escape out of the fort, or other place, in which the felony may have been committed, could not be apprehended by the marshal, but must be demanded from the executive of the state. But we know, that the principle does not apply; and the reason is, that congress is not a local legislature, but exercises this particular power, like all its other powers, in its high character, as the legislature of the Union. The American people thought it a necessary power, and they conferred it for their own benefit. Being so conferred, it carries with it all those incidental powers, which are necessary to its complete and effectual execution.

§ 1230. "Whether any particular law be designed to operate without the district or not, depends on the words of that law. If it be designed so to operate, then the question, whether the power, so exercised, be incidental to the power of exclusive legislation, and be warranted by the constitution, requires a consideration of that instrument. In such cases the constitution and the law must be compared and construed. This is the exercise of jurisdiction. It is the only exercise of it, which is allowed in such a case." 15


1. Journ. of Convent. 222, 260. 328, 329, 358.

2. The Federalist, No. 43; 2 Elliot’s Debates 92, 321,322, 326.

3. The Federalist, No. 43; 2 Elliot’s Debates 92, 321, 322, 326, 327.

4. Rawle on Const. ch. 9, p. 112, 113.

5. 2 Elliot’s Debates, 320, 321, 323, 324, 325, 326; Id. 115. — Amendments limiting the power of congress to such regulations, as respect time police and good government of the district, were proposed by several or the states at the time of the adoption of the constitution. But they have been silently abandoned. 1 Tucker’s Black. Comm. App. 276, 374.

6. 1 Tucker’s Black. Comm. App. 277.

7. 1 Tucker’s Black. Comm. App. 278.

8. The Federalist. No. 43.

9. The Federalist, No. 43. See also United States v. Bevans, 3 Wheat. R. 336, 388.

10. 2 Elliot’s Debates, 145.

11. Commonwealth v. Clary, 8 Mass. R. 72; United States v. Cornell, 2 Mason R. 60; Rawle on Constitution, ch. 27, p. 238; Sergeant on Constitution, ch. 28, [ch. 30;] 1 Kent’s Comm. Lect. 19, p. 402 to 404.

12. Cohens v. Virginia, 6 Wheat. R. 264, 424, 425, 426, 427, 428; Sergeant on Constitution, ch. 28, [ch. 30 ;] 1 Kent. Comm. Lect. 19, p. 402 to 404; Rawle on Constitution, ch. 27, p. 238, 239; Loughborough v. Blake, 5 Wheat. R. 322, 324.

13. 8 Mass. R. 72; 1 Hall’s Journal of Jurisp. 53; 1 Kent’s Comm. Lect. 19, p. 403, 404.

14. The People v. Godfrey, 17 Johns. R. 225; Commonwealth v. Young, 1 Hall’s Journal of Jurisp. 47; 1 Kent’s Comm. Lect. 19, p. 401, 404; Sergeant on Constitution, ch. 28. [ch. 30 ;] Rawle on Constitution, ch. 27, p. 238 to 240.

15. Cohens, v. Virginia, 6 Wheat. R. 424 to 429.


Sources: The Constitution Society & Google Books


Related DC History Entries:

+ MORE



Map of the Ratification of the 23rd Amendment to the United States Constitution
|| 12/4/2010 || 2:53 pm || + Render A Comment || ||

A recolored wikipedia map of the ratification of the 23rd Amendment to the United States Constitution

The 23rd Amendment to the United States Constitution allows residents of the District of Columbia to vote for the President, but denies them any representation in Congress.

The Twenty-third Amendment was sent to the States on June 17, 1960 and was ratified by 3/4’s of the State Legislatures on March 29, 1961, which was faster than the ratification of the Twenty-first Amendment.


The following states ratified the amendment:
1. Hawaii (June 23, 1960)
2. Massachusetts (August 22, 1960)
3. New Jersey (December 19, 1960)
4. New York (January 17, 1961)
5. California (January 19, 1961)
6. Oregon (January 27, 1961)
7. Maryland (January 30, 1961)
8. Idaho (January 31, 1961)
9. Maine (January 31, 1961)
10. Minnesota (January 31, 1961)
11. New Mexico (February 1, 1961)
12. Nevada (February 2, 1961)
13. Montana (February 6, 1961)
14. South Dakota (February 6, 1961)
15. Colorado (February 8, 1961)
16. Washington (February 9, 1961)
17. West Virginia (February 9, 1961)
18. Alaska (February 10, 1961)
19. Wyoming (February 13, 1961)
20. Delaware (February 20, 1961)
21. Utah (February 21, 1961)
22. Wisconsin (February 21, 1961)
23. Pennsylvania (February 28, 1961)
24. Indiana (March 3, 1961)
25. North Dakota (March 3, 1961)
26. Tennessee (March 6, 1961)
27. Michigan (March 8, 1961)
28. Connecticut (March 9, 1961)
29. Arizona (March 10, 1961)
30. Illinois (March 14, 1961)
31. Nebraska (March 15, 1961)
32. Vermont (March 15, 1961)
33. Iowa (March 16, 1961)
34. Missouri (March 20, 1961)
35. Oklahoma (March 21, 1961)
36. Rhode Island (March 22, 1961)
37. Kansas (March 29, 1961)
38. Ohio (March 29, 1961)
The amendment was subsequently ratified by the following states:
1. New Hampshire (March 30, 1961)
2. Alabama (April 16, 2002)

The New Hampshire ratification was somewhat irregular; a vote for ratification was taken on March 29, 1961 but was immediately rescinded. On that same day Kansas and Ohio ratified the amendment making New Hampshire’s second vote that was taken on the following day unnecessary for enactment.


The amendment was rejected by the following state:
1. Arkansas (January 24, 1961)


The following states have not ratified the amendment:
1. Florida
2. Kentucky
3. Mississippi
4. Georgia
5. South Carolina
6. Louisiana
7. Texas
8. North Carolina
9. Virginia



Related 23rd Amendment Entries:

+ MORE



Vote Victory Result Of Luck, Hard Work, Some Sweat, Tears – The Washington Post, March 30, 1961
|| 2/2/2010 || 11:29 am || + Render A Comment || ||

This newspaper article highlights some of the work that was undertaken to ratify the 23rd Amendment to the United States Constitution. Two curious items that I learned from transcribing this article was that the Washington Post sent out a team of correspondents to 44 state capitals to cover the ratification process and that Tennessee was the only Southern state to ratify the Constitutional Amendment. As I have noted here & here, Arkansas was the only Southern State to flatly reject the Constitutional Amendment based mostly on the racial makeup of the District of Columbia. Nonetheless, I’ve got to wonder that with all the technological innovations in the last 50 years, would it be easier to pass a Constitutional Amendment nowadays than it was then?


Vote Victory Result Of Luck, Hard Work, Some Sweat, Tears

23d Amendment Had Close Calls, Many Friends

To the Washington resident starved for the vote the Constitution offered cake: He could be elected President of the United States.

Until the adoption of the 23d Amendment yesterday the Constitution denied him bread: the right to vote for the great office to which he always has been eligible to be elected.

Amending the Constitution is extremely difficult. The approval of two thirds of the members of both Houses of Congress must be won, then the approval of three fourths of the states (either their legislatures, as in the case of the 23d Amendment, or of specially called state conventions, as the case with the 21st Amendment repealing prohibition).

Amended 12 Times

And in the 170 years since the Bill of Rights went into effect the job has been done only 12 times. Several attempts have failed.

The 23d Amendment hardly had the intoxicating, thirst-slaking appeal of the prohibition-repeal Amendment. That it went through 39 states faster than the 21st went through 36 is astonishing.

It is astonishing even if you know of the confluence of luck and circumstance- including the dedicated, devoted work of many persons to a democratic principle, of the fortuitous political self-interest of some, even of the desire to use the presidential vote to head off home rule- that lie behind the 23d’s passage.

The whole story can never be told. But there are several examples of luck and lucky dedication that helped bring the vote to Washington:

+ A ratification resolution squeaked by the Illinois Senate with a 2-vote margin.

+ Tennessee almost certainly would not have ratified had it not been for the decision of Gov. Buford Ellington to rescue an Amendment resolution that a House committee had tabled. Tennessee was the only Southern state that ratified.

+ A House-passed resolution was before the Indiana Senate. Adjournment- until 1963- was but a few days away. It was not realized that the bill had not been lost en route from the printer and was, therefore, not on the Senate calendar.

Because of a routine “How are things going?” phone call from Sturgis Warner, presidential vote counsel to the District Democratic and Republican State Committees, the lost bill was found- and ratified in time.

The GOP-controlled Wyoming Senate got a do-not-pass recommendation from its Judiciary Committee. Under ordinary circumstances that would have been the end of the resolution.

Mary Bruner, District GOP Committee secretary and a former clerk in the Wyoming House, was horrified. She felt that the central problem was that Wyoming legislators did not understand that the Amendment would give District residents the presidential vote- period.

The Wyoming Press Association was meeting at the time in Cheyenne. Mrs. Bruner’s younger brother, Jim Griffith Jr., editor of the Lusk (Wyo.) Herald, had just been elected president.

She contacted him and influential Wyoming friends, including Lewis E. Bates, editor of the Wyoming State Tribune in Cheyenne, and State Treasurer C. J. Rogers.

Even before the Judiciary Committee action, the state’s lone Congressman, Rep. William Henry Harrison (R-Wyo.), had wired compelling appeals for support.

The Senate constituted itself as a committee of the whole, took the Amendment from the Judiciary Committee, passed it and sent it to the House, which later ratified it.

Perhaps it was luck, too, that Washington’s newspapers- divided on home rule and many other issues- were wholeheartedly united in trying to win the presidential vote.

Last September, The Washington Post set up a network of legislative correspondents in 44 state capitals. Especially in recent weeks, they provided The Post with the caliber of phone and wire coverage of fast-breaking news that can come only from experienced, on-the-spot reporters.

Beyond that, these correspondents themselves became interested in the Amendment. Their interest stimulated that of their own and other newspapers, of state legislators and of governors.

Slip-up in Vermont

There was one slip-up. The Vermont Senate had passed a ratification resolution. One day, the Vermont correspondent reported that the House had ratified. The report was duly printed.

Next morning, the office of Rep. Robert T. Stafford (R-Vt.) said there must have been a mistake- that the House had approved on a second, not a third and final, reading.

The cleark of the Vermont House, Dale Brooks, confirmed this. He said the House was in session at the moment (the morning of Friday, March 10) but was tied up with a fish and game bill. He doubted that final action could come before the following Tuesday.

The Washington Post reporter, almost speechless at the possibility of having to repeal Vermont, managed to ask Brooks if he would call collect whenever the House did ratify. Brooks said he’d be glad to.

Brooks called back within 10 minutes. He said that he had apprised Speaker Leroy Lawrence of the situation, and that the Speaker had suspended legislative hunting and fishing and called up the Amendment resolution, which was passed- unanimously.

For New Mexico’s ratification much credit is due to the wife of George Dixon, The Washington Post columnist. She is the daughter of Sen. Dennis Chavez (D-N. Mex.) Her name is Ymelda as most Dison’s fans know by this time.



This newspaper article was transcribed from a scan of the original newspaper article. The document was obtained from the Washington Post archives and is not in the public domain. It is being republished here in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



VOTE PLEA TO CONGRESS – Americanize 400,000, Urges D.C. Joint Citizens’ Committee – The Washington Post, February 13, 1918
|| 1/29/2010 || 12:45 pm || + Render A Comment || ||

The Constitutional Amendment contained in this transcribed newspaper article is quite beautiful. It shows nearly 100 years of compromise and the remains of a civil rights struggle that affects 600,000 American citizens. Only a shred of this original Constitutional Amendment exists today and its in the form of the 23rd Amendment to the United States Constitution, which was ratified 43 years after the publication of this newspaper article in 1961. Unfortunately, the 23rd Amendment only allows the residents of the District of Columbia to obtain Presidential Electors (to be able to vote for the President) on par with the least populous state and provides no representation in Congress. The portion of the Constitutional Amendment below that was not ratified remained unfinished business for another 17 years when in 1978 the District of Columbia Voting Rights Amendment was passed by Congress. After seven years only 16 states of the needed 38 had ratified the amendment and the time window of ratification expired, leaving the residents of the District of Columbia without representation in Congress. There has not been a Constitutional Amendment passed by Congress since and I urge my delegate Eleanor Holmes Norton to introduce Constitutional Amendment similar to the one below. If not now, when?



VOTE PLEA TO CONGRESS


Americanize 400,000, Urges D.C. Joint Citizens’ Committee.


NO VOICE ON WAR OR TAXES


Proposed Amendment Would Give Power to Congress to Grant Franchise on President and Fix Representation in Both Houses– Statehood Not Contemplated.


Renewed appeal to Congress to Americanize the 400,000 inhabitants of the Capital by granting them a voice in the national government was made yesterday by the citizens’ joint committee on national representation for the District of Columbia. Every senator and representative was urged to support the constitutional amendment which will empower Congress to give the disfranchised citizens of Washington the right to representation in Congress, and to vote for President and Vice President.

The citizens’ committee mailed to the members of both houses of Congress a copy of the joint resolution providing for amendment of the Federal Constitution as the preliminary step to conferring the vote and representation on the District populace. With the resolution now pending before Congress went two circulars outlining the rights and privileges which its adoption would make possible to the long disfranchised citizens of the nation’s Capital.

Voice in Electoral College.

One circular explains what the proposed District suffrage amendment would do, and also what it would not do. This leaflet sets forth that by enabling Congress to give the District voting representation in Congress and the electoral college, it will become possible to–

Make Americans of 400,000 people– soon to be 1,000,000- whose present political prospects are less than those of aliens elsewhere in America.

Put in force the principle of “no taxation without representation” at the center of the American republic.

Add representative participation in government to the duty, always borne, of paying taxes and bearing arms.

Remove the present stigma resulting from permanent political impotence of a people more numerous than the population in each of six American States (1910 Census).

Statehood Not Proposed.

Make the heart of our own nation “safe for democracy” while engaged in the world crusade to that end.

Make it possible for the District boys fighting in France to look forward on their return to a voting right in the government they have fought to defend.

Make it no longer possible to say that the American Capital city the only national capital that has no voice in its national government.

Showing the other side of the shield, the circular then sets forth that a constitutional amendment does not propose statehood for the District; does not propose destruction of the “ten mile square” provision of the Constitution or lessen in the slightest degree complete control of the nation over the District; it is not a measure for local self-government, and does not disturb in any way the financial relation of the nation and Capital, either by the abolition or perpetuation of the half-and-half law.

Gives Congress Power to Act.

The joint resolution proposing the amendment necessary to the Constitution as a condition precedent to the granting by Congress of District suffrage, was introduced in the Senate by Senator Chamberlain, of Oregon, while in the House it was offered by Representative Austin, of Tennessee. This resolution when passed by a two-thirds vote of the Senate and House and ratified by the legislatures of three-fourths of the States provides that:



“The Congress shall have power to admit the status of citizens of a State the resident of the District constituting the seat of the government of the United States, created by article 1, section 8, for the purpose of representation in the Congress and among the electors of President and Vice President and for the purpose of suing and being sued in the courts of the United States under the provisions of article 3, section 2.

“When the Congress shall exercise this power the residents of such District shall be entitled to elect one or two senators as determined by the Congress, representatives in the House according to their numbers as determined by the decennial enumeration, and presidential electors equal in number to their aggregate representation in the House and Senate.

“The Congress shall provide by law the qualifications of voters and the time and manner of choosing the senator or senators, the representative or representatives, and the electors herein authorized.

“The Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing power.”


Low Court Standing.

Under the caption “Americanize Washingtonians,” the citizens committee in the other circular sets forth that the 400,000 Americans in the District constitute the only community of intelligent, public-spirited citizens in the United States which is denied representation in the national government.

“As a suitor in the courts of the United States,” runs this appeal for congressional support, “the District resident has, the Supreme Court says, a lower standing than an alien.

“In relation to national laws the sole function of the District resident is to obey. They take no part in making the laws which they must obey.

“In relation to national taxes their sole function is to pay. They have nothing to say, like other taxpayers, concerning the amount and kind of taxes they shall pay and how the tax money shall be spent.

No Voice in War Declaration.

“In relational to national war their sole function is to fight in obedience to command. They have no voice, like other Americans, in the councils which determine war and peace. They have no representation in the government which requires them to fight, to bleed and perhaps to die.

“National representation is a distinctive, basic right of the American citizen- in a government of the people, by the people, for the people- in a government which roots its justice in a consent of the governed- in a representative government which inseparably couples taxation and arms-bearing as a soldier with representation.

“Since the 400,000 Americans of the District pay the national taxes, obey national laws and go to war in the nation’s defense, they are entitled on American principles to be represented in the national government which taxes them, which makes all laws for them and which sends them to war.

Not to Disturb National Control.

“The constitutional amendment which we urge empowers Congress to correct this inequity without disturbing in the slightest national control of the Capital or the present form of municipal government. Congress retains every power in these respects that it now possess. All that happens will be that the District becomes a small fractional part of that Congress, and politically an integral part of the nation which that Congress represents.

“National representation will clothe the Washingtonian with a vital American privilege to which he is undeniably in equity entitled; will cleanse him of the stigma and stain of un-Americanism, and, curing his political impotency, will arm him with a certain power.

“It will relieve that nation of the shame of un-Americanism at its heart and of impotency to cure this evil.

“It will inflict no injury or hardship upon either nation or Capital to counteract these benefits.

“Consistency and justice; national pride and self-respect; the will to efface a shameful blot from the national escutcheon; the spirit of true Americanism and righteous hatred of autocracy in any guise; the patriotic impulse toward full preparedness of the nation as a champion of democracy and representative government everywhere in the world- all combine to make irresistible at this very moment our appeal for the adoption of this amendment.



This newspaper article was transcribed from a scan of the original newspaper article. The document was obtained from the Washington Post archives and is in the public domain. It is being republished here in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



Arkansas Is First To Reject District Voting Amendment – The Washington Post, January 25, 1961
|| 1/25/2010 || 3:13 pm || 1 Comment Rendered || ||

It should be noted that after nearly fifty years Arkansas has still not ratified the 23rd Amendment to the United States Constitution.


Arkansas Is First To Reject District Voting Amendment

Vote Is 59-26;
Opponent Fears Try at Statehood


Arkansas Is First To Reject District Voting Amendment
By Monton Mintz, Staff Reporter

Arkansas yesterday rejected the proposed Constitutional Amendment that would let District residents vote for President and Vice President. It is the first state to do so.

The Arkansas House of Representatives refused to ratify by a vote of 59 to 26. Ratification is possible only with favorable action by both the House and Senate.

Rep. Marion Crank of Little River County led the fight against ratification. The Associated Press reported from Little Rock that he told the House:

“They propose to create another state. Giving them electors is the first step.”

Several cries of “Amen” were heard when he finished speaking, the AP said.

Rep. Jack S. Oakes of Woodruff County, a proponent ratification, brought Washington’s Negro population into limited discussion.

He said he understood that the City was 80-per-cent Negro, but Arkansas should not deprive the District of the right to vote.

“This just gives them another propaganda weapon,” he said.

Oakes’ estimate of the District population is not supported by the Census Bureau. The Bureau said on Jan. 16 that preliminary figures show the population is 53.9 per cent Negro.

As to Crank’s assertion that the Amendment is the first step toward statehood, Washington leaders of the campaign for national suffrage pointed out that Congress carefully framed the Amendment to do only one thing: to allow District residents to vote for presidential electors.

The Citizens for Presidential Vote says in its official brochure: “The Amendment would not make the District of Columbia a state, nor endow it with any attributes of a state. Neither would it give the District any representation in the House of Representatives or the Senate.”

Arkansas Gov. Orval Faubus did not endorse the Amendment, although he had said in September that “I cannot conceive of a situation where I would refuse to let anyone vote.”

In the Ohio Senate yesterday, a ratification resolution was introduced by Minority Leader Frank W. King (D-Toledo). The Amendment has the backing of Gov. Michael V. DiSalle.

Five state legislatures have approved the Amendment, leaving 33 to go. Ratification resolutions are pending in at least 10.

In Maryland, both houses have approved resolutions whose texts differ slightly. Final action awaits agreement on a single resolution.

Similar resolutions have been approved by the Pennsylvania House and the Minnesota and Oregon Senates.


This newspaper article was obtained from the Washington Post historical newspaper archives. This article is not in the public domain but is being republished here under the fair use doctrine of U.S. copyright law in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



The 23rd Amendment – Time Magazine – March 31, 1961
|| 2/14/2009 || 6:05 pm || + Render A Comment || ||

I found this article when I was looking up more information about the Twenty-third Amendment to the United States Constitution:

Thanks to a succession of oversights by the Founding Fathers and early Congresses, the residents of the District of Columbia have never enjoyed one particular constitutional right cherished by all other Americans: the privilege of voting. There was no reasoning attending the oversights; it was just plain neglect.† Last week Rhode Island cast the 36th affirmative vote for the 23rd Amendment to the Constitution, giving 746,000 Washingtonians the right to vote in presidential elections — and three electoral votes. Ohio and Kansas are expected to ratify the amendment this week, making the necessary two-thirds majority for official adoption (only one legislature—Arkansas—rejected the amendment outright, on the ground that 54% of the District’s citizens are Negroes).

But after 161 years, Washingtonians will be limited to voting for the President and Vice President. They will continue to have no representative in Congress, no voice in their municipal government.

†One segment of the capital gained the right to vote in 1846, when one-third of the District’s land area, now Arlington County, was ceded back to Virginia.

What this article shows to me is how racist America used to be….
In some ways, even with an African American president, it still is.
sigh



Related 23rd Amendment Entries:





The Daily Render By
A Digital Scrapbook for the Past, Present, and Future.

©2004-2017 Nikolas R. Schiller - Colonist of the District of Columbia - Privacy Policy - Fair Use - RSS - Contact




::LAST 51 POSTS::

Fair Use


27 queries. 0.774 seconds.
Powered by WordPress

Photo by Charlie McCormick
Nikolas Schiller is a second-class American citizen living in America's last colony, Washington, DC. This blog is my on-line repository of what I have created or found on-line since May of 2004. If you have any questions or comments, please contact:

If you would like to use content found here, please consult my Fair Use page.

::THE QUILT PROJECTION::

Square
Square

Diamond
diamond

Hexagon
hexagon

Octagon
octagon

Dodecagon
Dodecagon

Beyond
beyond

::OTHER PROJECTIONS::

The Lenz Project
Lenz

Mandala Project
Mandala

The Star Series


Abstract Series
abstract

Memory Series
Memory

Mother Earth Series
Mother Earth

Misc Renderings
Misc

::POPULAR MAPS::

- The Los Angeles Interchanges Series
- The Lost Series
- Terra Fermi
- Antique Map Mashups
- Google StreetView I.E.D.
- LOLmaps
- The Inaugural Map
- The Shanghai Map
- Ball of Destruction
- The Lenz Project - Maps at the Library of Congress
- Winner of the Everywhere Man Award

::MONTHLY ARCHIVES::

:: LAST VISITORS ::



::LOCATIONS & CATEGORIES::

  • 2004 Elections (2)
  • 2008 Elections (35)
  • 2014 Elections (4)
  • 2016 Elections (2)
  • ACLU (3)
  • Activism (274)
  • Adbusters (13)
  • Advertisements (33)
  • aerial photography (19)
  • Analysis (31)
  • Animals (30)
  • animated gif (7)
  • Animation (25)
  • Antique (104)
  • Apple (1)
  • Arabic (17)
  • Architectural Archeology (9)
  • Artomatic (25)
  • Astronomy (15)
  • Astrophotography (9)
  • Audio (2)
  • Awards (3)
  • Backpacking (2)
  • banner graphics (5)
  • Beat Google to the Map (56)
  • bicycle (23)
  • Birds-Eye View (5)
  • Blaeu (10)
  • Book Covers (7)
  • Bridge (10)
  • Building (15)
  • calendar (28)
  • calligraphy (6)
  • Capital (61)
  • Cars (18)
  • Cartography (74)
  • Cartoon (9)
  • Celestial (31)
  • Censorship (32)
  • Chinese (7)
  • Chronicling America (34)
  • Classroom (5)
  • Clothing (12)
  • Commentary (76)
  • Commissioned (27)
  • Credit Cards (3)
  • Crime (12)
  • Cyrillic Alphabet (1)
  • DAILY LINKS (30)
  • Dance (2)
  • DC History (93)
  • Design (102)
  • Digital Scrap (5)
  • Election (11)
  • ESA (3)
  • Facebook (19)
  • Fantasy (3)
  • Fashion (23)
  • Fast Food (2)
  • FBI (7)
  • Flag (15)
  • flickr (4)
  • Found Map (56)
  • French (9)
  • Gallery (54)
  • Gardening (25)
  • General (256)
  • George Bush (12)
  • GIS (69)
  • GMO Labeling (3)
  • Google (31)
  • Google AdSense (4)
  • Google AdWords (3)
  • Google Earth (28)
  • Google Maps (47)
  • Google Reader (4)
  • Google Streetview (8)
  • GPS (7)
  • Graffiti (5)
  • Greek (4)
  • Green (72)
  • Green Party (18)
  • Healthcare (15)
  • Highway (35)
  • Hiking (2)
  • Hipster (2)
  • history (151)
  • Holidays (10)
  • House Party (2)
  • Hubble Telescope (2)
  • Humor (87)
  • In The News (76)
  • Insects (2)
  • Interactive (74)
  • Interiors (4)
  • IP Trace (28)
  • Latin (22)
  • Law (14)
  • Lecture (11)
  • Legislation (19)
  • Library (21)
  • Library of Congress (66)
  • Location (1,018)
  • LOLMaps (3)
  • Mass Transit (6)
  • Memorandum (2)
  • meta-data (32)
  • Mobile Phone Applications (1)
  • Movie (3)
  • MrSID (4)
  • MSN (5)
  • Museum (5)
  • Music (48)
  • MySpace (6)
  • NASA (10)
  • National Archives (3)
  • News (170)
  • Obituary (2)
  • Oil (4)
  • Ornithology (4)
  • orthophotography (4)
  • OSCE (16)
  • Photography (134)
  • Poetry (18)
  • Portuguese (1)
  • postmodern (8)
  • QR code (9)
  • QTVR (4)
  • Radio (3)
  • Renderings (675)
  • RSS (3)
  • Seasons (12)
  • Sold (40)
  • Spanish (7)
  • Speech (5)
  • Sports (1)
  • Stadium (40)
  • statehood (94)
  • Statistics (2)
  • Stellarium (4)
  • Stereogram (1)
  • Street (21)
  • Street Art (10)
  • Submissions (5)
  • Tattoo (2)
  • Testimony (2)
  • time-lapse (19)
  • Torture (3)
  • Transportation (6)
  • TV (23)
  • Twitter (5)
  • University (41)
  • Update (24)
  • Vegetarianism (2)
  • Video (49)
  • Vimeo (18)
  • visualization (36)
  • Washington Critic (2)
  • Weather (19)
  • Web Crawler (9)
  • Wikipedia (14)
  • Wordpress (4)
  • Wordpress Upgrade (2)
  • World Wind (3)
  • Yahoo (6)
  • YouTube (113)
  • Zodiac (23)




  • thank you,
    come again!