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PLEA FOR RESTORATION OF ALEXANDRIA COUNTY – The Washington Times, April 13, 1902
|| 8/1/2010 || 12:35 pm || + Render A Comment || ||

Of note, is that this very same article was published verbatim the following week on the same page in the same newspaper with a new title REUNION OF DISTRICT AND ALEXANDRIA.


Screengrab of the headline


Mr. H. Phillips Memorializes the District Committee.


MANY BURDENS IMPOSED


Caused by Proximity to District- Problems of Police Protection and Improvement of Public Highways Cited as Reasons for Re-annexation.


Mr. H. Phillips, a resident of Alexandria county, Va., who believes that the retrocession of that county is unconstitutional and that it still forms a part of the District of Columbia, has communicated to Congress his views on the question of restoration.

Mr. Phillips statement is addressed to the House Committee on the District of Columbia, and is as follows:


“In the year 1784, pursuant to paragraph 17, section 8, article 1, of the Federal Constitution, Virginia ceded to the United States a small area on the Potomac River to form part of the permanent seat of the General Government. In 1846 Congress passed an act ceding this land back to Virginia, thus dismembering the established seat of government of ten miles square. The portion returned to Virginia was organized as a separate county, only one-fourteenth of the average size of the counties of the State.

Burdensome Problems

“The problem of local police protection and improvement of public highways in the little county has become difficult and burdensome on account of the disorder and heavy travel incident to proximity to a large city.

“In 1861, the War Department and military forces again took practical possession of the county, building fortifications on every conspicuous eminence within its borders, and at the close of the war retained the Custis estate of eleven hundred acres, later paying for it and establishing a great national cemetery, a large military post, and a station of the Department of Agriculture, within its borders. The United States makes no contribution to the expenses of the local government, notwithstanding its ownership of one-sixteenth of the area and one-seventh of the property valuation of the county.

“The suburbs of cities are peculiarly subject to the presence of unlawful persons who resort to such points for illicit liquor selling, gambling, and other disorderly conduct near public highways. Especially is this observed on the Sabbath day. The residents of Alexandria county as a class are honorable, intelligent, and public spirited. The attorney for the county is active and successful in prosecuting offenders brought to his attention, and the judiciary resolute in sentencing law breakers. The police force of this small county, limited to a few men, receiving inadequate pay, cannot, however, prevent disorderly person entering the county from the city of Washington, or preserve order along the extensive river front. The history of municipal government shows that public order is thus difficult to preserve near boundary lines of a city. Malefactors constantly seek such border for the commission of unlawful acts, or to escape the strong arm of the law; hence cities are usually extended far beyond the limits of closely-built houses.

Sanitary Protection Needed.

“Sanitary protection, equally important to public welfare, requires that Alexandria county should be restored to the District of Columbia. Disease is carried to the limits of cities in deposits of water material, not only contaminating springs and water courses used by unsuspecting persons, but adding by exhalation to the other impurities of city air. Fire protection in suburbs also makes an extension of municipal limits desirable.

“It is also reasonable that cities control the maintenance of suburban parks and driveways, contributing to the health and pleasure of its residents. The circumscribed limits of walls and fortresses observed in the history of feudal towns should be thus brushed aside by the advance of science and civilization. The principles applicable to the extension of cities generally become more important when the seat of government and capital of a nation are concerned.

“So, disregarding the legal status of Alexandria county, there are important and practical reasons why it should be restored to the District of Columbia. It was urged in behalf of ceding part of the District of Columbia back to Virginia in 1846, that the United States had no property or buildings in Alexandria county. Now, we find the United States owns three bridges across the river, and in addition, a large share of the lands, buildings, and other improvements in the county, is the property of the National Government.

“An instance of the necessity of police protection occurred a few years ago. Coxey’s army came to Washington. They were ordered from the city and came over to Alexandria County and camped, and only moved when, upon application to the Governor, a company of troops bundled the army, bag and baggage, across the river. The executive officers of the Government, the judiciary, and members of Congress pass over this unpoliced area to and from Arlington National Cemetery. If injury comes to any official of the Government on the county highways from some criminal or insane person the Government is responsible for neglecting to maintain a jurisdiction imposed by the Constitution.

The Legal Question.

“It would seem, however, to be a proper subject for judicial inquiry, whether under the Federal Constitution, one or two of the three principal branches of Government have power to alienate a part of the established seat of government. The War Department has built on the county highways water mains, telegraph and telephone lines, and pumping station on land obtained for a bridge approaches in Alexandria county, without authority of Virginia, and without permission of the owners of the fee of the public highways, so if Alexandria county is lawfully part of Virginia, the United States is a trespasser without process of law or just compensation; but if the Supreme Court declares Alexandria county part of the District of Columbia, the Commissioners of the District of Columbia may at once provide for its police protection, and the Government improvements are within the legislative control of Congress.

“Congress has prohibited fishing at certain times, and in various methods in the waters of the Potomac, along the District. If Alexandria county is part of Virginia, such legislation is wholly unwarranted, and notwithstanding such legislation, Virginians have full riparian rights in the waters of the Potomac opposite Washington, subject only to Virginia laws.

“Jackson City has long been a menace to the moral of Washington, but if the establishment of the boundary of Maryland and Virginia has any reasonable interpretation, Jackson City is wholly in the District, and the Commissioners neglect their duties if they do not police Alexandria Island, and abate a stain on Washington city.

“Considering the restoration of Alexandria county to the District, in respect to the wishes of President Washington, it is most worthy of the attention of Congress. To the efforts of the first and most distinguished President, the location, plan, and success of the Capital may be justly ascribed. It will be a deserved tribute and honor to his memory to restore the original and proper limits surveyed and established under his person direction.

“Regarding the fitness of the proposed resolution, the Supreme Court has decided that the question is cognizable only in a case between the United States and the State of Virginia, and cannot be adjudicated between other parties. If the court decides Congress did not exceed its constitutional powers in ceding part of the seat of government to Virginia the controversy ends. If the court decides, however, Congress exceeded its powers, the jurisdiction of Congress, the courts, and Commissioners of the District will thenceforth extend over the entire ten miles square.

“The people of Alexandria county generally favor a restoration of the original District. Virginia does not wish to lose more territory. The United States paid $20,000,000 to Spain for a lot of foreign islands and proposes to $5,000,000 to Denmark for three little tropical islets, so it may not be unjust to contribute $1,000,000 toward the debt of the mother of States if Alexandria county is restored to the National Government.

“The Capital, the seat of general government, is important, however, not only to the in Washington, and in Virginia, but its preservation, its size, and location and its welfare are rights of and affect the people of the entire nation. The interests of the people, from the Atlantic to the Pacific, and from Canada to the Gulf and the detached territory, should be fully and justly considered in the action on the proposed resolution.

“It may urged, Why disturb a condition of dismemberment of the seat of government established for over fifty years? In reply, it may be justly stated there is no progress of civilization, or improvement of any description, that does not disturb existing conditions within lawful limits. If the object of the resolution is desirable for the Government and for the citizens directly and indirectly interested, if it is entirely within the powers and limitations of the Federal Constitution, and if the resolution is appropriate to the subject matter, it should be adopted.”


This newspaper article was transcribed from a scan of the original newspaper article on Chronicling America. It is being republished here in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



EARLY SECESSION DAYS – The Washington Times, August 12, 1900
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EARLY SECESSION DAYS - The Washington Times, August 12, 1900


The Sentiment Had No Bearing on the National Union.


Efforts of Alexandria and Georgetown to Be Release From Their Association With the City of Washington- Appeals to the Maryland and Virginia Legislatures.


The exclusive jurisdiction of the United States was extended over the District of Columbia on the 27th of February, 1801, and almost immediately plans were proposed for a change in the District bounds, or for its entire abolition. The act of March 3, 1791, which provided that nothing therein should authorize the erection of public buildings on the Virginia side of the river had created dissatisfaction there before the United States took control, and at the third session which Congress held in Washington Mr. Bacon, of New York [actually Massachusetts], introduced a bill to cede back to Maryland and Virginia the land and jurisdiction which made the District of Columbia. On the 9th of February, 1803, the vote was taken on this proposal, and it was found to have only twenty-two supporters in the House of Representatives. In 1804 the attempt to disestablish the District of Columbia was again made by Mr. Bacon [actually it was made by John Dawson, of Virginia]. This time his proposal to re-cede to Maryland and Virginia all the territory except the city of Washington. These attempts seem, from the records, to have been abandoned after 1806 for many years. On both these occasions Mr. G. W. P. Custis of Arlington was an active opponent of retrocession.

However, talk on the subject did not cease. It was claimed on the one hand that the constitution of Maryland had been violated by the cession without a vote upon the act having been taken at two successive sessions of the Maryland Legislature. In Virginia some talkers alleged that the prohibition on the Virginia side of the river was a violation of the terms of cession, and made it void. Mr. Bacon and those of his opinion asserted that Congress was authorized to be “the seat of government,” and that, inasmuch as Georgetown, Alexandria, and the other territory outside the city of Washington were not the seat of government, the retention of that territory was unconstitutional.

In 1818 another proposal for the disintegration of the District of Columbia came to the front, and a town meeting in Alexandria was called by the mayor. Dr. E. C. Dick presided and Jacob Hoffman was secretary. At this meeting a protest against retrocession was adopted. It was not, however, until 1834 that a general movement outside of Washington was made for retrocession. It had been proposed in Congress to establish a Legislature for the District of Columbia. The two little cities, Georgetown and Alexandria, feared the overwhelming influence of the continually growing city of Washington, which might deprive them of the home rule which existed in their municipalities. Georgetown this time took the lead, and made a strong appeal to the State of Maryland for help, while Alexandria made an appeal to the Congressional delegation from Virginia.

In the House of Representatives, on the 19th of February [1838], Mr. Wise of Virginia introduced a resolution that the committee on the District of Columbia be instructed to inquire into the expediency of receding, under proper restrictions and reservations, and with the consent of the people this District and the States of Maryland and Virginia, the said District to the said States.

In Georgetown a series of popular movements in favor of a return to Maryland were initiated, and, after some preliminary proceedings, a mass meeting of the voters of Georgetown was called. The meeting was held on the 12th of February at the North Lancasterian school room, and the “Potomac Advocate” states that it was “one of the largest and most respectable ever held within our town.” Mr. John Kuntz occupied the chair and Thomas Turner was the secretary. Mr. S. McKenney introduced a resolution that “without reference to the political advantages to accrue to that portion of the county of Washington which lies west of Rock Creek, including Georgetown, from a retrocession thereof to Maryland, provided that it can be effected on such terms as shall secure from Congress the reimbursement from Congress of the debt created in the improvement of the harbor and the construction of the Chesapeake and Ohio Canal, will, in the opinion of the his meeting, promote the pecuniary interests and general prosperity of the citizens.” The meeting requested the mayor to order a vote of the citizens of the territory affected on the 14th of February, and if such vote was favorable to retrocession to unite with the common council of Georgetown in bringing the subject before the Maryland Legislature.

The Georgetown committee went to Annapolis to seek help from the Legislature of Maryland, and action on the subject was begun in April, just before the time fixed for adjournment. A committee reported a series of resolutions on the subject, the most important being this one:

“Resolved, That the General Assembly of Maryland do assent to the recession of Georgetown and that portion of the county of Washington, in the District of Columbia, lying west of Rock Creek formerly included within the limits of Montgomery County; provided the Congress of the United States do agree to yield its exclusive jurisdiction over the same; and in such event the said territory shall thereupon be held and deemed a portion of the domain of Maryland, and that the citizens thereof be entitled to all the immunities and privileges of citizens of the State, and the corporate powers which may have been granted by the Congress of the United States.”

On that occasion Mr. Cottman, of Somerset, submitted an additional resolution, as follows:

“And whereas the Constitution of the United States has provided that Congress shall have power to exercise exclusive legislation in all cases over such district as may by the cession of particular States and the acceptance of Congress become the seat of the United States; and

“Whereas the territory north of the Potomac, a portion of the domain of Maryland, has been apparently and ostensibly ceded to the United States by an act of the Legislature of Maryland which was not ratified and confirmed by a succeeding Legislature, and this ostensible cession of the domain being such a modification of the Constitution as requires the action of two successive Legislatures in the mode provided by the constitution of Maryland; therefore

“Resolved, That the territory aforesaid was not ceded in conformity with the constitution of this State, and now is, and of right ought to be, part of the territory of Maryland.”

The Legislature of Maryland, however, adjourned too soon for final action on the subject, and the recession of Georgetown never again assumed formidable proportions.

The assistance given by Congress in securing the release of the Holland loan when it was said that the District cities “were sold to the Dutch” quieted for a while the popular unrest at the “want of a vote” that long galled the young men of the District; but the entente cordiale between the District cities was at an end forever when the corporation of Georgetown passed resolutions protesting against Congress giving aid in the construction of the Aqueduct and the Alexandria Canal, which continued to Alexandria the Chesapeake and Ohio Canal. And although Congress gave Alexandria $300,000 for that work, yet the desire to be with Virginia was not allayed, and when a Democratic Congress refused to re-charter the Alexandria banks the moneyed interests fell in with and even led the people, and then began an agitation which finally severed the District which Washington had made. Then, too, the Van Buren Administration was Democratic, or “loco-foco,” as was the Alexandrian term, and the town of Alexandria was intensely Whig. The Harrison banner of 1840 bore on its reverse the picture of the “Sic semper” woman bending over a shackled maiden in tears, and the legend read: “Our Revolutionary fathers intended us to be free. Sons of Virginia, will you see us slaves?”

At first as the retrocession was so vehemently championed by the Whigs, the “loco-focos” opposed it. The partisans of Van Buren were few in town, but very numerous in the county, and during Tyler’s Administration the Democratic leaders began to see that if Alexandria was turned over to Democratic Virginia it would give the Democrats a more extensive influence; and so, when Polk came in, the Congress which completed the annexation of Texas divided the District of Columbia, and Congress passed a law, which President Polk approved, declaring that “all that portion of the District of Columbia ceded to the United States by Virginia, and all right and jurisdiction, be hereby ceded and forever relinquished to the State of Virginia, in full and absolute right and jurisdiction, as well of soil as of persons residing or to reside therein.” So by this act of July 9, 1846, the District of Columbia, which came into being February 27, 1801, ceased to exist south of the river Potomac.


This newspaper article was transcribed from a scan of the original newspaper article on Chronicling America. It is being republished here in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



A Shower of Proclamations: Arlington Heights – The New York Times, May 9, 1861
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This tirade against the State of Virginia was written one month after the American Civil War began. At the end of the article there is the assertion that for the previous 20 years Virginians had been plotting to overthrow the Union and the Retrocession of Alexandria was one step in the process. By obtaining Arlington Heights, present-day Rosslyn, Virginia, the State of Virginia was able to obtain a militarily important piece of land where cannons could fire upon Washington. As I noted before, later in 1861 Abraham Lincoln mentioned this liability in his first State of Union delivered to Congress.


A Shower of Proclamations.; Arlington Heights.

The New York Times, May 9, 1861

Gov. LETCHER has issued a proclamation full of lofty sentences and abounding in big words, calling upon Virginians to “rally in defence of the State,” to “uphold the flag of the Commonwealth,” and “maintain the rights of the South.” All this means a call upon the traitors and disloyal men, of whom he is the chief, in the once patriotic and true old State of Virginia, to arm against the Republic of which her own WASHINGTON was the founder, and against a Constitution which her JEFFERSON, her MADISON and MONROE — names so dear to the American people — aided so largely in framing,

Of all the treason against the Constitution and Union, that of Virginia is the rankest, the most inexcusable and the meanest. The noble and true patriots of her past history are dishonored, and the graves of her wise and true men polluted by it. Of all the States, there is not one so linked to the Union by hallowed memories, by ties which all mankind in all ages have regarded as sacred, as Virginia. Her history bears the names dearest to the American heart — of patriots who labored most, fought most, sacrificed most and suffered most for that Union which her degenerate sons would shiver to-day. Of all the States, she has least cause of complaint. She has enjoyed more of the patronage, more of the offices, and exercised a greater influence in shaping the policy of the Government, than any other State. She has asked nothing that has not been granted — demanded nothing that has not been conceded. And yet hers is the heart that is foulest with treason, the hand that threatens to be reddest with the blood of loyal and true men!

The Governor of South Carolina has issued his proclamation, and though representing the smallest save one of all the seceding States, his tone is the loudest, his boast the largest, and his words the biggest of them all. We can respect Georgia for her real strength, while we execrate her treason. She was among the strong States of the Union, and is strongest among those that have seceded, and might, therefore, speak with something of power; but for little South Carolina, the verriest bantam of the secession brood, to flap its puny wings and crow so defiantly, is one of the jokes of the age. Virginia could put South Carolina in its breeches pocket, and yet South Carolina speaks so patronizingly, so condescendingly, so full of motherly regard for the Old Dominion, that were it not for the census and the map, one would suppose that Virginia was some helpless and oppressed little community, too weak to think even of defending itself. And, then, to see how meekly and humbly Virginia receives her proffers of aid — to see the once proud and haughty Virginia — the mother of Presidents and nursery of heroes — the once chivalrous, self-reliant, noble Virginia, submissively and gratefully receiving nursery pap from a spoon in the hands of South Carolina, is a tableau worth a day’s journey to see.

JEFFERSON DAVIS, too, has issued his proclamation, tendering his aid, and forwarding his starving troops to Virginia. Virginia food is to feed them — Virginia money is to pay them — Virginia soil is to be desecrated, and her social life demoralized by them. The war is transferred to her valleys, and her cities are to be made a camp. And yet Virginia submits. She forgets her former chivalry — her boasted strength. Three months ago she assumed to be the arbiter of the destinies of the nation; to-day she is the protege and follower of South Carolina, and the tool of JEFFERSON DAVIS. She yields a craven deference to the one, and bears submissively the burdens of the other.

And last, though not least. Brig. Gen. COCKE has issued his proclamation. He is in command of the Potomac Border of Virginia. Whether he is a Virginian he does not inform us, and history is silent on the subject. It may be that he is, or it may be that he holds the border as one of the myrmidons of JEFFERSON DAVIS. He, too, like his illustrious compeers, the trio of Governors, uses the language of grandiloquence. Hear him:

“The Capital has never been threatened by us. It is not now threatened. It is beyond and outside the limits of the free and sovereign State of Virginia. The North has not openly, and according to the usage of civilized nations, declared war on us. We make no war on them — but should the soil of Virginia, or the grave of WASHINGTON, be polluted by the tread of a single man in arms from north of the Potomac, it will cause open war.”

According to Brig. Gen. COCKE, we shall have open “war,” then, for, just as sure as that the sun shall rise and set, thousands of men in arms from the north of the Potomac will be in Virginia within a week.

It can hardly have escaped notice, that the Virginia authorities lay very great stress on the inviolability of Virginia soil. Gov. LETCHER and Gen. COCKE both state that Virginia wages no war against the Federal Government, but the moment any United States soldier steps in arms upon the soil of the State, that act will be regarded as a declaration and the actual commencement of war.

This undoubtedly has more than a general meaning. It is intended to prevent the Government from taking possession of Arlington Heights, which command Washington, and which must be held if the Capital is to he saved. These heights are in Alexandria, which used to form part of the District of Columbia, but was ceded back to the State of Virginia by Congress in 1846. Now, these heights are part of the soil of that State, and the occupation of them by the Government will be regarded and resented, as an act of invasion.

It is scarcely necessary to say that it ought to be done, and beyond all question will be done the moment it is necessary, in spite of this menace. The fact that the menace is made proves that Virginia only seeks a pretext for assuming an openly hostile attitude to the Government, — and if she does not get one here, she will find one somewhere else. Loyalty or forbearance that rests on so flimsy a foundation as this, should not have a feather’s weight on the action of the Government. Whenever Gen. SCOTT deems it necessary, as a military precaution, to take possession of those heights, it will undoubtedly be done. The Government has a right to occupy and hold, for military reasons, any part of any State under its jurisdiction.

It is altogether probable that some such contingency as the present was in view, when the leading Virginia politicians urged the secession of that portion of the District of Columbia. They have been plotting the violent overthrow of the Government for twenty years, — and written records remain to show that the leaders of this treasonable plot made provision for every possible contingency. The whole State of Virginia was carefully studied with a view to military operations against the United States Government, more than twenty-five years ago. Nothing is more probable than that reasons of this sort were among the motives for seeking renewed possession by the State of that portion of the District which commands the Capital. The retrocession was granted out of pure good nature, and with that utter blindness to future contingencies which has characterized the action of Northern public men for many years. Not a thought was given to the military importance of the position, because nobody then believed it possible that the State of Virginia would ever be at war with the Federal Government, — while the members of Congress from that State were at that very moment plotting its overthrow, and using the good nature of the North as the means for accomplishing that object.

It was held by many at the time that the retrocession was unconstitutional, and therefore void. Whether this be so or not, we presume the Government will have very little hesitation about making it practically a nullity, whenever the safety of the Capital may render its military possession necessary.


This newspaper article was obtained from the New York Times archives. It is being republished here in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



Phillips v. Payne, 92 US 130 – Supreme Court – October Term, 1875
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As I mentioned previously, the New York Times published an article that highlighted how residents of Washington and Alexandria were planning on challenging the constitutionality of the Retrocession of Alexandria. Less than 4 years later they brought the challenge all the way up to the Supreme Court, but as you can read below, their challenge failed.

The error in the plan was the concept of ‘continued sovereignty’, as in, just because the government changes, it does not mean one can choose to not follow the rules of the new government, including taxation. The Supreme Court did not touch on the legality of the Retrocession of Alexandria, but instead merely said that “[Virginia] She does not complain of the retrocession,” and “No murmur of discontent has been heard from them: on the contrary, Congress, by more than one act, has recognized the transfer as a settled and valid fact.”

By saying such, the Supreme Court did not look deeper at the constitutional considerations of Article 1, Section 8, Clause 17 in regards to the retrocession, but only at the merits of the suit itself- the payment of taxes to a sovereign government. I believe, if they would have chosen a different path, one that included the State of Maryland as a plaintiff, the constitutional considerations of the retrocession would have been discussed further. Instead of as Justice Swayne concluded, “The plaintiff in error is estopped from raising the point which he seeks to have decided [the Constitutionality of the Retrocession of Alexandria]. He cannot, under the circumstances, vicariously raise a question, nor force upon the parties to the compact an issue which neither of them desires to make.”


92 U.S. 130 (____)

PHILLIPS
v.
PAYNE.

Supreme Court of United States.

Mr. W. Willoughby and Mr. S. Shellabarger for the plaintiff in error.

Mr. R.T. Daniel, contra.

MR. JUSTICE SWAYNE delivered the opinion of the court.

This suit was brought to determine the validity of the retrocession by Congress to the State of Virginia of that part of the District of Columbia, as originally constituted, which was ceded by Virginia to the United States. The plaintiff in error was the plaintiff in the court below. The case upon which he relies is thus set forth in his declaration:—

In pursuance of the Constitution of the United States, Virginia, by an act of her legislature of Dec. 3, 1789, ceded to the United States that part of her territory subsequently known as the county of Alexandria. Congress passed an act accepting the cession. Maryland ceded to the United States the county of Washington, and Congress accepted that cession also. The two counties constituted a territory ten miles square, which Congress set apart as the seat of the government of the United States, and organized as the District of Columbia, over which the Constitution of the United States required that Congress should exercise exclusive legislation in all cases whatsoever. Thereafter, on the 9th of July, 1846, Congress, in violation of the Constitution, passed an act purporting to authorize a vote to be taken by the people of Alexandria County to determine whether the county should be retroceded to the State of Virginia, and declaring, that, in case a majority of the votes should be cast in favor of retrocession, the county should be retroceded and for ever relinquished in full and absolute right and jurisdiction. A majority of the votes were cast for retrocession: whereupon, without any further action by Congress, the State of Virginia passed an act declaring that the county was reannexed, and formed a part of the State. Since that time the State has assumed to exercise full jurisdiction and control over the county, and to authorize the election of officers for the county, among whom is one known as the collector for the township of Washington. The defendant was elected such collector, and assumed to exercise the duties of his office. The State has also assumed to enforce the assessment and collection of taxes upon persons and property in the county. The plaintiff resides in the county, and owns a large amount of real estate and other property there. The defendant alleged that an assessment had been made upon this property; that there was payable to him as such collector, upon the assessment, the sum of $165.18; and he demanded payment. In the event of refusal to pay, he would have sold the property pursuant to the law of the State. To prevent the sacrifice which this would have involved, the plaintiff paid the money under protest; notifying the defendant at the time that he regarded the exaction as illegal and unauthorized, upon the ground that the county of Alexandria was not within the jurisdiction of the State of Virginia, but that it was within the District of Columbia. He avers that the act of Congress of 1846, before mentioned, every thing done under it, and the law of Virginia reannexing the county to the State and extending her jurisdiction over it, are contrary to the Constitution of the United States, and illegal and void.

He therefore claims to recover the amount so paid to the collector.

+ MORE



Anxious To Come Back – The Washington Post, July 24, 1890
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Map of Alexandria County from 1878

ANXIOUS TO COME BACK


The District Hath Charms for the People of Alexandria


A MOVEMENT OF THE CITIZENS


Ninety Per Cent of the Population of Alexandria City and County Ready and Willing to Leave the Old State and Become Part of the National Capital.


The question of the repeal of the law retroceding Alexandria county to Virginia is the uppermost topic in the ancient city now. The advocates and opponents of repeal are having it back and forth good naturedly. “When are you going into the District?” one asks banteringly of the other. The latest step that has been taken toward securing a crystallization into action of all the discussion on the subject for the past twenty-five years was the presentation in the Senate, as stated in The Post yesterday, of a petition by Mr. Edmunds, signed by about 400 citizens of Alexandria county, praying for the repeal of the act of 1846, giving back to Virginia that portion of the ten miles square which Virginia had ceded for the seat of government. A Post reporter circulated among the business men of Alexandria yesterday with a view of learning the public sentiment in the matter. He found an almost unanimous sentiment in favor of it, at least those whom he met favored it and claimed that there was little opposition to the movement.

Mr. Amos Slaymaker, the King-street drygoods merchant, carried the petition among the business men. He said that he found very few who were opposed to it. There were some who thought that it was a slap at old Virginia, and they thought that it was not right to “go back” on the old State. The opposition was based entirely on sentiment. Those who favored repeal were animated by practical movements.

“We do not regard it as a slap at old Virginia,” Mr. Slaymaker said to the Post reporter. “We believe that it would benefit Virginia as well as Alexandria. See how Maryland has benefited by the proximity of the District. This would put a slice of the District right into Virginia, and could not but benefit all the surrounding country. I was a Confederate soldier myself, and I would not do anything that would be a blow to Virginia. Alexandria should be the port of entry for Washington. The navy yard and the ordnance foundery should be located here, where there is plenty of deep water instead of government spending thousands of dollars every year dredging out the Eastern Branch.”

“What started this movement?”

“It was started out in the county, and the paper was sent to me by Mr. Lacey, the patent attorney of Washington, who own considerable property in Alexandria county. The people in the county are all strongly in favor of it.”

“How is it proposed to proceed?”

“We hope to get Congress to repeal the law of retrocession. The Virginia legislature will bring the case before the Supreme Court, where we hope to get a decision. It is said, I believe, that Daniel Webster claimed when the law of retrocession was passed that it was unconstitutional, but a test has never been made of the law. Why, at the present time when you want to run any lines in the District you have to start from our corner of the ten miles square. It would be quite as constitutional for Maryland to take back that portion which she ceded to the Government. Then where would your District be?”

Mr. Joseph Broders, the grocer, on King street, near Union, heads the list of those who signed the petition. “I have thought for years that the act of retrocession was unconstitutional,” he said, “and when the paper was brought to me I said that I would willingly sign it– I would put my name at the top if they wanted. Daniel Webster said when it was proposed to let Virginia take back what it had given the Government, ‘Why, gentlemen, you can’t do that.’ But the South was in a majority in Congress, and it was rushed through. It was put through largely through railroad influence. Alexandria wanted to subscribe for the Orange and Alexandria Railway, and as part of the District it couldn’t do it. So it was decided to have the city go back into the State, and then it could be authorized to subscribe, and it was done. But it was wholly unconstitutional. Why, suppose a bill were to be brought up into Congress retroceding to Maryland that part which that State gave to the Government? The thing wouldn’t be heard of. It would be declared unconstitutional at the start. But if it was constitutional to let go of the part of the District on this side of the river it certainly is to retrocede that part of the District on the other side. That is plain enough.”

Mr. D.W. Whiting, the publisher of the Daily Progress, said that he had long favored repeal and had written for it for years. “Here we are paying out between $80,000 and $100,000 a year to the State,” said he, “and are getting nothing in return for it. All our license fees, the fines in State cases, and 40 cents on the $1 goes into the State, and we get nothing in return for it. Look at our streets; cobblestones overgrown by grass. If we had this $100,000 to spend on home improvements we could pave our streets better. As it is we spend about $10,000 a year on our streets. The benefit to Alexandria by coming into the District would be immense. There is an overwhelming sentiment here in favor of it. I believe that 90 out of 100 favor it. The laboring people favor it almost to a man, and the business men of Alexandria are largely in favor of it.”

Mr. Whiting yesterday published in his paper the following editorial on the subject:

RETROCESSION — A petition was presented to the United States Senate yesterday signed by a number of leading citizens of this city, asking Congress to pass an enabling act so that the constitutionality of the act annexing that portion of the District of Columbia, south of the Potomac, to Virginia. There are many very strong reasons why the people of Alexandria should desire to get back into the District. One of the reasons is that Alexandria is paying annually into the State treasury nearly, if not quite $100,000, which if spent in the city would give us good streets instead of miserable cobblestone wagon-destroyers that we have. The only reason for desiring to remain with the State is a sentimental one. The reasons for going back to the District are practical ones and appeal to common sense and business interest. If a vote was taken on the subject, nine-tenths of the people would vote to go back.

George Fisher, of Fisher Bros., on Royal street, said that he favored repeal because he believed that it would be a great benefit to the city to be in the District. It would rid the city of an undesirable political element. They could get city councils that would improve the streets. The city debt was being rapidly paid off without any increase in taxation, instead of improvements being made to the city. The politicians were, of course, opposed to repeal. It would take away the franchise.

Mr. John Harlow, of Harlow Bros., Royal and Cameron streets, said that he believed 95 persons out of 100 favored it. His brother, George Harlow, is strongly in favor of it.

Mr. M. B. Harlow, the city treasurer, said that one great reason for complaint was that so much money was paid into the State and nothing received in return. The circuit judge, the city sergeant, and other State officials were paid by the city. He, however, was not convinced of the wisdom of taking the step of separation.

Mr. Peter Aitchison, of Aitchison Bros., lumber dealers, on Union street, near Prince, is strongly in favor of repeal. He is a member of the city council, and has given considerable thought to the subject. He was not in his office when the reporter called, but his brother George was. He agreed with the other speakers that Virginia got a good deal more out of Alexandria than Alexandria did out of Virginia. He believed that a large majority of the people favored the repeal.

N. Lindsey, an extensive wholesale grocer at King and Union streets, also member of the city council, strongly favors the movement and signed the petition.

Mr. William F. Creighton, proprietor of the extensive drugstore on King and Royal streets, said that the subject had been considerably discussed in his store by members of the council and others. He had heard it stated that the city had paid in 1889 $88,00 toward the State, for which nothing had been received. His store is quite an assembling place for members of the council before and after meetings, and he had heard a good deal of discussion. He had signed the petition on it being represented to him that in the District the taxes would be lower and the local improvements would be greater.

French Smoot, the lumber dealer, on Union street, near King, a member of the city council, had also signed the petition. Other who believe in repeal are:
Helmuth Bros., butchers, corner King and Columbus streets; Summers & Bros., Pitt, near King; Thomas Leadbeater, North Fairfax, near King; R. C. Acton, the King street jeweler; William H. May, agricultural implements; Thomas Lannon, grocer; B. F. Peake, carpenter and builder; George Wise, insurance; L. E. Corbett, customs collector; C. A. Yohe, Old Dominion cigar factory; R. Bell, L. Bendhelm, C. W. Howell, Isaac M. Bell, R. M. Latham, Issac Eichberg, drygoods; J. H. D. Lunt, Worth Hulfish, V. M. Power, Perry & Son, T. A. Robinson, E. S. Fawcett, D. A. Windsor, whose son assisted in circulating the petition; Frederick Paff, G. E. French, W. N. Berkley, R. T. Lucas, A. W. Armstrong, J. C. Creighton, Thomas Hoy, C. T. Helmuth, H. Kirk, A. A. Warfield, C. B. Marshall, Henry Strauss, J. A. Marshall, R. W. French, G. P. Hill, L. Stabler & Co., R. F. Lee, B. Wheatley, R. J. Thomas, J. R. Edelin, Louis Brill, William Demaine, George Wise, A. H. Smythe.


Anxious To Come Back – The Washington Post, July 24, 1890


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.



Does Virginia Own Alexandria County? – The Washington Herald, January 18, 1910
|| 12/11/2009 || 11:56 am || 2 Comments Rendered || ||

I found this article absolutely fascinating. I’ve blogged about the two acts of Congress that are referenced throughout this article [H.R. 259 – An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia & An Act for establishing the Temporary and Permanent seat of the Government of the United States], but until today I had not thoroughly read a legal opinion on the topic of Virginia’s retrocession of Alexandria County (now present-day Arlington County). My original contention was that the Act of 1846 was illegal because the text of the Act specified that retrocession was possible only with the approval of both the city *and* the county of Alexandria, and only the city voted in favor retrocession. The argument presented in this article below speaks to the larger issue of how the “permanent” seat of government was created out of a legal covenant that involved four parties: the Federal Government, Virginia, Maryland, and the original 19 property owners of the District. A very compelling case is made that through the passage of the Act of 1846 the original covenant was unconstitutionally broken. 99 years later, I thoroughly agree with the logic outlined in the article below and would like to have the District of Columbia return to its original size. While I don’t see it happening any time soon, history shows that change is constant.

Map of the portion of the District of Columbia ceded back to Virginia

The Washington Herald, January 18th, 1910

DOES VIRGINIA OWN ALEXANDRIA COUNTY?


Hon. Harris Taylor, in Elaborate Opinion, Holds the Retrocession Was Clearly Illegal and Unconstitutional.


Was the act of July 9, 1846, under which the County of Alexandria, then in the District of Columbia, was re-ceded to the State of Virginia unconstitutional?

Hon. Hannis Taylor, former Minister to Spain, and a constitutional lawyer of distinction, has prepared an elaborae opinon on this subject, which was presented to the Senate yesterday, in which he holds that the retrocession was clearly illegal and unconstitutional.

“If retrocession to Virginia is to stand,” he says, “then the land underlying the Capitol, the White House, and the Treasury belongs either to Maryland or the local proprietors whom it was granted. The nation can only be protected against that result by a judgement of the Supreme Court of the United States declaring the act of retrocession of 1846 to be null and void.”

Complete Answer Found.

What is the remedy?
“The complete answer,” he says, “is to be found in the opinion of the Supreme Court in the case of The United States vs. Texas (143 U.S.,621-649), in which it was held that the Supreme Court can, under the Constitution, take cognizance of an original suit brought by the United States against a State to determine the boundary between one of the Territories and such State; that the Supreme Court has jurisdiction to determine a disputed question of boundary between the United States and a State; that a suit in equity begun in the Supreme Court is appropriate for determining a boundary between the United States and one of the States.”

He quotes the opinion rendered in this case, and says it solves every problem that can possibly arise in an original suit between the United States and Virginia as to the boundaries of the District of Columbia.

Act of 1846.

His opinion as to the unconstitutionality of the retrocession is based upon the contention that the act of 1846 broke a quadrilateral contract entered into on the one hand by the United States and on the other by Virginia, Maryland, and the nineteen local property-owners in Washington.

The United States, through the act of Congress of July 10, 1790, passed under the constitutional mandate, agreed that “the District so defined, limited, and located, shall be deemed the District accepted by this act, for the permanent seat of the government of the United States.”

Each of the three grantors, in consideration of that stipulation, made for the benefit of each, through which alone title to the whole could be made perfect, entered into the quadrilateral contract in question.

“It is elementary in the law of contracts,” he says, “that when two or more instruments are recorded at the same time or at different times which relate to the same subject matter, and one refers to the other, either tacitly or expressly, they will be taken together and construed as one instrument.

Maryland’s Right.

“Maryland,” he says, “has a perfect right to claim of the United States, by reason of the recision of the original quadrilateral agreement, the return of every foot of land ceded by her and now embraced within the present limits of the District.

“That right Maryland can enforce in an original suit against the United States in the Supreme Court under the authority laid down in the case of the United States vs. Texas.

“That great case,” he says, “refuted most emphatically the contention made by Senator Hoar in the Senate on April 11, 1902, that retrocession was a political and not a judicial question, and was settled by the political authorities, alone competent to decide it.

“The Supreme Court in the case in question decided that ‘it cannot with propriety be said that a question of boundary between a Territory of the United States and one of the States of the Union is of a political nature and non susceptible of judicial determination by a court having jurisdiction of such a controversy.

Constitutional Mandate.

“The constitutional mandate that requires the President to ‘take care that the laws be faithfully executed’ compels him to ascertain and determine the limits of territory over which they are to be enforced.”

And in conclusion he says:
In determining all question all questions of boundary, whether foreign or domestic, the initiative in this country is vested in the Executive acting alone. While he may advise with Congress as to the steps he may take in ascertaining boundaries, while executing the laws within the same, the President cannot surrender his exclusive power to ascertain what they are.

As a practical illustration, if in this matter the President believes that Virginia is in lawful possession of that portion of the District described in the act of 1846, it is his constitutional duty to “take care that the laws be faithfully executed” in that area, regardless of any contrary opinion the legislative department of the government might entertain on the subject. He could hold no other view without abdicating the independence of the executive power in the execution of the laws. It is, however, in my humble judgment, a case in which there should be friendly consultation between the executive and legislative departments, because in the event of a recovery in the Supreme Court Congress would no doubt be called upon to pass such a bill of indemnity as would relieve Virginia of any accountability for revenues derived from the area in question during her de facto occupation.

Goes in the Record.

Senator Carter, in presenting the elaborate brief written at his request by Mr. Taylor, asked and was granted unanimous consent to have it printed in the Record, and also as a Senate document. He said:

The subject is of absorbing interest to the people of the District and will surely challenge the attention of the country with constantly increasing force as the growth of the Federal city and the expanding needs of the government demonstrate more fully the wisdom of President Washington and his co-laborers in fixing the District lines as originally marked.

To the United States government the subject is of
Continued on Page 3, Column 4


DOES VIRGINIA OWN ALEXANDRIA COUNTY


Continued from Page One.

grave concern, for it involves in a technical sense title to the ground upon which this Capitol, the White House, and many other important public buildings stand. If the recession to Virginia stands in law it would seem possible that the Federal government retains jurisdiction over the portion north of the Potomac in derogation of the rights and at the sufferance of the State of Maryland.

Fever-breeding Marsh.

When artistic taste and solicitude for sanitary conditions combined to inspire the movement to reclaim the Potomac Flats, the progress of the work soon revealed the fact that proper treatment of the narrow river and adjacent marshes would always be limited and unsatisfactory while confined to the northern bank alone. A fever-breeding marsh within 7,000 or 8,000 feet of the White House cannot be regarded with indifference, nor can any one fail to observe that the improvement on the north sets forth the unsightliness of the south bank of the river in bold relief. In short, each year more amply justifies the wisdom of Washington and his commission in embracing both sides of the river within the limits of the Federal District.

The Capitol, the White House, and all the public buildings were located near the center in the beginning, but the act of retrocession moved the southern line of the District to within a short distance of the White House grounds. This was not intended by Washington, under whose masterful direction the constitutional design regarding a seat for the Federal government was executed.

Defeat of Intention.

“The act receding two-fifths of the District to Virginia so obviously defeats the intention of the framers of the Constitution in this behalf and so ruthlessly disregards the rights of other parties that I have for years regarded it as null and void on general principles; not withstanding the interesting and important nature of the question, I have not found time to investigate the law and the historical facts bearing upon it. Last year, however, I had the good fortune to mention the matter to Mr. Harris Taylor, known to the bar of the country as one of our leading constitutional lawyers, and the gentleman volunteered to examine the question and to write me his view upon it.

Mr. Taylor’s letter sets forth the constitutional provision in question and all legislation, State and national, in relation to the subject, together with a review of all executive action and contract obligations in pursuance thereof. In fact, the letter is a brief of such rare clearness and ability that I believe it should be made permanently available for reference, and so believing, I renew my request and ask that when printed the commincation be referred to the Committee on the District of Columbia for consideration.

An Exhaustive Opinion.

Mr. Taylor’s opinion, buttressed by historical references and legal citations, is exhaustive and comprehensive. He says, in beginning:

The contemporaneous evidence puts the fact beyond all question that the final definition of a district ten miles square as the seat of our Federal government was in a special sense the personal work of President Washington, whose task involved the acquisition of the title to the tract from three sources- the State of Virginia, the State of Maryland, and the nineteen local proprietors who owned that part at the heart of the present city which underlies the Capitol, the White House, and the Treasury. Washington’s task was to induce the three parties who held the title to cede to the Federal government, without any direct pecuniary consideration, the entire area under a quadrilateral contract in which that government was the grantee and beneficiary, and Virginia, Maryland, and nineteen local proprietors the grantors. The real consideration moving to such grantors was the incidental benefits to accrue to them from their joint cession, which, in the language of the act of July 16, 1790, “is hereby accepted for the permanent seat of the government of The United States.” That covenant represented the only consideration moving directly from the Federal government, while the three grantors were bound to each other by the mutual considerations moving from the one to the other under interdependent grants.

Maryland, the last to grant, expressed the idea of mutual benefits to be derived from a common enterprise when her legislature declared that “it appears to this general assembly highly just and expedient that all the lands within the said city should contribute, in due proportion, in the mean which have already greatly enhanced the value of the whole.” Under that quadrilateral contract, supported by the foregoing considerations, the Federal government entered into possession with a perfect title, after the final cession made by Maryland December 19, 1791.

Government in Control.

No one, perhaps, will deny that after the title to the entire area had thus passed from the three grantors into the corporate person of the nation neither the State of Virginia nor the State of Maryland could have, either in law or in equity, any claim to the common heritage superior to that of any other State. Under such considerations the Federal government remained in peaceful possession of the entire area ten miles square, and governed the same under the Constitution for a period of fifty-five years. During that time the original boundaries as designed by Washington were marked by massive stone monuments, while still abide unimpaired.

By the act of retrocession of July 9, 1846, the District was dismembered by a conveyance to Virginia of nearly one-half of the entire area for no pecuniary or property consideration whatever. What was the real motive of the retrocession it is at this time difficult to ascertain.

From a legal standpoint, the fact that the portion reconveyed to Virginia had originally been contributed by her is of no significance whatever. Therefore, before argument begins, the mind wonders upon what constitutional principle such retrocession could have been made. Two distinct parts of the Constitution are involved. First, that part of section 8, Article 1, which provides that Congress shall have power “to exercise exclusive legislation in all cases whatever, over such District (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of government of the United States;” second, that part of section 10, article 1, which provides that “no State shall pass any bill of attainder, ex post facto law or law impairing the obligation of contracts.”

During the memorable Senate debate led by Senator Haywood, of North Carolina, who, as chairmen of the District Committee, bitterly assailed the constitutionality of the act of retrocession, the meaning and effect of section 8, Article 1, was fully explored.

I cannot doubt the soundness of the conclusion then reached by many leading statesmen of that day to the effect that, considered in reference to that part of the Constitution alone, the act of retrocession is null and void. What I cannot understand is the fact that any debate, however hastily conducted, the deeper and more obvious argument based on the contract clause of the Constitution (Article 1, section 10), should have been entirely overlooked. And yet the record shows that such was the fact.

It never occurred to any one in 1846, or since that time, to look to the sources of the title in the quadrilateral contract upon which the ownership of the area ten miles square really depends. What is said herein as to that branch of the subject is my personal contribution to 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 16, 1790, was passed, and the site of the District finally located, partly in Prince George and Montgomery counties, in the State of Maryland, and partly in Fairfax County, in the State of Virginia, by proclamation of President George Washington, March 30, 1971, within the following bounds:

“Beginning at Jones Point, being the upper cape of Hunting Creek, in Virginia, and at an angle in the outset of 45 degrees west of the north, and running in a direct line ten miles for the first line; then beginning again at the same Jones Point and running another direct line at a right angle with the ffirst across the Potomac ten miles.”

From the diagram it appears that the “Portion derived from and receded to Virginia” constitutes nearly one-half of the territory of the District as originally defined in the proclamation of March 30, 1791. If the act of July 9, 1846 (9 Stats. 35), entitled “An act to retrocede the County of Alexandria, in the District of Columbia, to the State of Virginia,” is unconstitutional and void, the laws of the United States should now be executed by the President thourghout the “Portion derived from and receded to Virginia.”

Continuing, he says:
After the power to elect the seat of government had been once exercised by Congress, after the cession had been made for that purpose by “particular States,” after the area so ceded had been accepted by Congress under the act of July 16, 1790, declaring “the same is hereby accepted for the permanent seat of government of the United States,” the power of Congress over the subject matter was exhausted. Or, if it was not exhausted, could not again be exercised, because no power remained to transfer the District, as originally created and accepted, of any portion of it to any State. In other words, after a district of ten miles square had once been established and accepted as a permanent seat of government, Congress possessed no power to acquire another territory for another seat of government, without violating the constitutional limitation which confined it to the ten miles square. The Congress, an agent of limited authority, was expressly authorized to receive cessions from States of a limited amount of territory to be held as a permanent seat of government; but it was not authorized, expressly or implicitly, to give any part of such cessions away to any one. Such was the constitutional difficulty which the Hon. R. M. T. Hunter attempted to overcome when the bill in question was up for debate in the House of Representatives May 8, 1846.

Section 8 of Article 1 of the Constitution when taken as a whole, provides that “the Congress shall have power * * * 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, dockyards, and other needful things.” The delegation of power thus made Congress to acquire a seat of government for the United States, through formal acceptance of cessions to the be made by particular States is a distinct subject matter, entirely separate and apart from the succeeding delegation of power to govern “all places purchased by the consent of the legislature of the State in which the same shall be.” Did the grant of an express power formally to accept cessions from particular States, which were to constitute and “become the seat of government of the United States,” carry with it, as a necessary implication, the right to use the means necessary for the execution of the power? In other words, did the implied power to use such necessary means flow from the express to accomplish the end? In construing that clause which provides that Congress shall have power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” it was held at an early day that the clause in question “confers on Congress the choice of means and does not confine it to what is indispensably necessary.”

Constitutional Mandate.

The express mandate was given by the Constitution to Congress to acquire a seat of government by cessions from particular States, and in no other manner. Congress was powerless to force any State to make a cession; it could not go beyond the limits of the States. It could only persuade; it could not command. Congress did not offer to the ceding States any money consideration whatever for their cessions. The means, and the only means, Congress saw fit to employ to accomplish a vitally important end was the promise, made in the of July 16th, 1790, that the seat of government to be located on the cessions should be “permanent.”

The act expressly declared that “the district so defined, limited, and located shall be deemed the district accepted by this act for the permanent seat of government of the United States.” When Mr. Madison moved in the House of Representatives to strike out the word “permanent” from the act he was voted down, and thus we have a legislative interpretation, practically contemporaneous, to the effect that the Constitution intended to confer upon Congress the power make the seat of government permanent. Contemporary interpretation of the Constitution, practiced and acquiesced in for years, conclusively fixes its construction.

Some years go, when a movement was on foot to remove the Capital to the Valley of the Mississippi, the effect of the action of Congress under section 8, Article 1, was fully discussed. I am informed that it was then universally admitted that by the selection of the present seat of government the power of Congress, under the section in question, had been exhausted.

Virginia made her grant, which was the first grant, December 3 1789. The nineteen local proprietors perfected their grants on or about the 29th of June, 1791. Maryland did not make grant until December 19, 1791. In that grant, embodied in a very elaborate act of thirteen sections, Maryland put the fact beyond all question that the prior grants made by Virginia and the nineteen proprietors were conditions precedent to her grant.

Quotes from Opinions.

He quotes from many opinions rendered by the Supreme Court of the United States to show that a grant is a contract, and this quadrilateral contract entered into by the United States on the one hand and Virginia, Maryland, and the nineteen local proprietors on the other, was binding in its operation and effect, and could not be modified without abrogating the contract as a whole.



Related Legislation Entries:



Text of the District of Columbia Organic Act of 1801
|| 1/29/2009 || 5:12 pm || Comments Off on Text of the District of Columbia Organic Act of 1801 || ||

The District of Columbia Organic Act of 1801 (officially An Act Concerning the District of Columbia) (6th Congress, 2nd Sess., ch. 15, 2 Stat. 103, enacted 1801-02-27) is an Act of Congress, which incorporated the District of Columbia and divided the territory into two counties: Washington County to the east of the Potomac River and Alexandria County to the west. The charters of the independent cities of Georgetown and Alexandria were left in place and no change was made to their status. The laws of both Maryland and Virginia continued to remain in force within the District.

Below is the text of the bill:

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  • thank you,
    come again!