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GAMBLERS MAY GET ALEXANDRIA FOR US – The Washington Times, October 16, 1905
|| 8/8/2010 || 6:53 pm || + Render A Comment || ||

The only Supreme Court ruling on the constitutionality of the retrocession of Alexandria was in Phillips v. Payne. This the first I’ve transcribed that includes R. A. Phillips.


GAMBLERS MAY GET ALEXANDRIA FOR US


Argue That County Belongs to the District


FAMOUS QUESTION REVIVED


Federal Court Will Decide Whether Congress Legally Returned the County to Virginia


Interest in whether Alexandria county is part of the State of Virginia or of the District of Columbia has been revived through the prosecution of poolrooms in Virginia.

The cases are now before Judge Waddill, judge of the United States court of the eastern district of Virginia. His decision tomorrow may mean the opening of this celebrated question.

Ten years ago the jurisdiction of Alexandria county was questioned. The case was taken before the United States Supreme Court by R. A. Phillips, a well-known capitalist and real estate owner of Alexandria county, with offices in Washington.

The court decided that the issue was one wholly between the United States and the State of Virginia and that a private citizen was not qualified to bring it up for disposition.

Since that decision, which failed to settle the status of the county, the case has been at a standstill and is so now. There are residents of Alexandria county who now are inclined to believe that with the agitation attending the poolroom cases the retrocession of the county will again come up for serious discussion.

Return of County

In the proclamation of President Washington, Alexandria county was part of the “ten mile square” allotted as the seat of the Federal Government. In 1846, Congress voted to retrocede to Virginia “that portion of the ten mile square south of the Potomac.”

It has been contented by eminent lawyers that if Congress has that power in 1846, it has that power today to retrocede to Maryland that portion which is known as the District of Columbia. They argue further that it then has the power to change the seat of Government to Bladensburg, Jackson City, of even to Hawaii.

It is not understood that Congress ever had the power to cede away any part of the “ten mile square” defined as the limits of the District of Columbia in President Washington’s proclamation.

The activity of Mr. Phillips and other is ascribed to the lax methods which now obtain in the government of the county and the benefits to be derived from its restoration to the District.

Would Benefit Town.

The county would have the benefit of the good-roads law, the revenues from Government property, such as Arlington, the three Government bridges, and other property would revert to the District and citizens of what is now Alexandria county would have the protection of a police system and the benefits of sanitary laws which are not now in force in the county.

L. E. Phillips, the Washington attorney, a son of R. A. Phillips, said yesterday that there is practically no sanitation in the county, the police facilities are poor, and that the methods of governing the county are much in line for improvement. Should the court decide that Alexandria county is legally within the District line it would mean practically a general revision of affairs there, and one which would not only mean benefits to the people of the county, but to the county itself, and to the District of Columbia.

New Phase Brought Up.

A letter from Mr. Phillips father to Attorney John A. Lamb, counsel for the two poolroom men who now under arrest, is interesting in that it presents a phase of the matter which has not been brought prominently before the public.

The letter reads as follows:


“It is a pleasure to me to observe that you assert in a case before Judge Waddill, of the United States district court, that Alexandria county is a part of the District of Columbia, and that the act of retrocession was wholly ultra vires.

“In my opinion Congress has less right to relinquish or transfer its exclusive jurisdiction over part of the seat of Federal Government than it would have to cede away or relinquish its legislative power over postoffices and postroads.

“Of course, we all know the Constitution has become a mere political football in these modern days. We find our Federal Government in canal-digging business in foreign territory, and in the missionary business in Asiatic islands, and it is refreshing to observe occasionally a recurrence to safe principles of jurisdiction and Federal authority.

“Section 8, paragraph 17, provides for the establishment and jurisdiction of the District, and a few lines later, Section 9, paragraph 2, puts a guarantee about one good old writ- ‘The privilege of the writ of habeas corpus’ shall not be suspended. It is a striking coincidence that the provision of the Constitution violated dismembering the seat of government and the appropriate procedure for the determination of such infractions of the fundamental law are in close proximity. When, in the course of events, it may appear necessary to dismember the seat of government or remove it permanently to a new location, such a proposal must first be submitted to all the States; and with the approval of three-fourths it will become lawful.

“As for the individual citizens respecting whose rights or liberty the writ of habeas corpus is brought in this particular case. I have no interest. It is an ill wind that blows no one good, and so even the rights and liberties of an unfortunate gambler may correct the grevious error of dismembering our seat of government. It was established by our Revolutionary ancestors. I trust Judge Waddill will do his part as a judge and a patriot to restore it.

“If appealed to the Supreme Court of the United States, that august body may meet the question fully and say that under the high privilege of this particular writ, the court is bound to decide whether the District was dismembered lawfully.

“As for inconvenience that will arise respecting titles and acts of de facto government since 1847, changes of governmental control are frequent respecting territories, counties and cities and nobody has has ever been seriously hurt by them.

“R. A. PHILIPS.”


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
|| 7/22/2010 || 2:53 pm || + Render A Comment || ||

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
|| 5/10/2010 || 8:14 pm || + Render A Comment || ||

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.



S280 – A Bill To Repeal an Act Entitled ”An Act to Retrocede the County of Alexandria, in the District of Columbia, to the State of Virginia” – United States Senate, April 23, 1866
|| 4/6/2010 || 11:01 am || + Render A Comment || ||

Within two years of the end of the Civil War, it was realized that Virginia’s retrocession in 1846 was unconstitutional and Senator Benjamin Wade, a Radical Republican introduced a bill to repeal the act:


Page 1 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'
Page 2 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'
Page 3 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'
Page 4 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'
[ Source: Library of Congress ]

Bills and Resolutions
Senate
39th Congress, 1st Session:
April 23, 1866

Mr. Wade asked, and by unanimous consent obtained, leave to bring in the following bill; which was read twice, referred to the Committee on the District of Columbia, and ordered to be printed.

A Bill To repeal an act entitled ”An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia,” and for other purposes.

Whereas the Constitution of the United States provides that Congress ”shall 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 government of the United States;” and whereas by an act of Congress approved July sixteenth, anno Domini seventeen hundred and ninety, ten miles square of territory was accepted from the States of Maryland and Virginia, as the permanent seat of government, constituting what was subsequently known as the District of Columbia, which when so accepted and defined, all jurisdiction over the same was, by the Constitution, forever vested in Congress, whose duty it was then, and forever after, to preserve unviolated and free from all control whatsoever, save that of Congress; and whereas experience derived from the recent rebellion, has demonstrated the wisdom of preserving such ten miles square under the exclusive control of Congress, both for military and civil purposes, and for the defense of the capital; and whereas, by an act of Congress approved July ninth, anno Domini eighteen hundred and forty-six, that portion of said ten miles square lying south of the Potomac was ceded back to the State of Virginia, in violation of the intent and meaning of the Constitution of the United States, and to the great peril of the capital as aforesaid: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of Congress approved July ninth, anno Domini eighteen hundred and forty-six, retroceding to the State of Virginia that portion of the district ten miles square, as provided by the Constitution, known as the District of Columbia, be, and the same is hereby, henceforth and forever repealed and declared null and void, and that the jurisdiction of Congress, and the laws provided for the District of Columbia be, and the same hereby, put in force, as same as if said act of retrocession had never been passed.

Sec. 2. And be it further enacted, That private and personal property shall not be affected by this act, so far as the rights of parties are concerned; and all public property whereof the United States were possessed at the time of the retrocession of said portion of the District of Columbia to the State of Virginia shall, from and after the passage of this act, be vested in the United States government, any law, act, or conveyance to the contrary notwithstanding, and the government, through its proper officials, is hereby authorized to acquire, by purchase or otherwise, any and all further property, real or personal, in said portion of the District of Columbia, as may be deemed necessary for public use.

Sec. 3. And be it further enacted, That all suits and actions at law, civil or criminal, shall from and after the passage of this act be conducted and determined according to the laws, rules, and regulations enacted and provided by Congress for the District of Columbia, excepting causes wherein final judgment, decree, or sentence shall have been pronounced or passed; in such cases the final satisfaction of such judgments or decrees will be in accordance with the laws in force in the State of Virginia. But all causes wherein final judgment or decree shall not have been passed or pronounced, shall be in future conducted and determined as provided by this act.

Sec. 4. And be it further enacted, That all taxes and revenues assessable and collectible on property, real or personal, in said portion of the District of Columbia south of the Potomac, shall from and after the passage of this act, be rated, collected, and applied according to the existing or future laws of Congress governing the District of Columbia.

Sec. 5. And be it further enacted, That from and after the passage of this act all civil offices in the said portion of the District of Columbia south of the Potomac, in the city of Alexandria and what is known as the county of Alexandria, shall be declared vacant; and the vacancies so created shall be filled by new appointments or elections, to be made and held under the laws, regulations, and qualifications provided by Congress for elections and electors in the District of Columbia.

Sec. 6. And be it further enacted, That this act shall be in force from and after its passage.





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  • thank you,
    come again!