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

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

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

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


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

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Hampshire ratification was somewhat irregular; a vote for ratification was taken on March 29, 1961 but was immediately rescinded.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


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


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



Related 23rd Amendment Entries:

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TO ASK FULL PRIVILEGES IN D.C. SUFFRAGE by Bill Price – The Washington Times, April 10, 1919
|| 11/22/2010 || 2:48 pm || + Render A Comment || ||

TO ASK FULL PRIVILEGES IN D.C. SUFFRAGE by Bill Price - The Washington Times, April 10, 1919

TO ASK FULL PRIVILEGES IN D.C. SUFFRAGE – Pleas For Mouthful Portions of Justice Give Way to Demand For Full Meal. By Bill Price, The Washington Times, April 10, 1919


The confident opinion, expressed in all parts of Washington, that Congress will at no distant date provide the machinery for suffrage in the District is leading civic leaders here to the conclusion that nothing will be gained by laying before the national legislators a minimum program; that Congress will be inclined to liberality when it acts and will give the people here a maximum of the rights that go with the suffrage of free Americans.

A number of leading officials of citizens’ associations who have been discussing this subject recently in the light of the strongly developing sentiment in Congress for suffrage here have about come to the conclusion that Congress should be asked grant full voting privileges except in such matters as the Constitution reserves to Congress, especially as to exclusive legislation over this slice of Federal Territory.

In halting, hesitating fashion many advocates of suffrage in the District have for a long time recommended asking for a mouthful of justice at a time instead of A WHOLE MEAL. In this manner there would come to Washington citizens in the course another fifteen or twenty years about half the suffrage rights now accorded to other Americans.

Donovan Wants Full Meal.

T. J. Donovan, the capable head of the Central Citizens’ Association, has recently been going into this subject in detail with other civic leaders, including Theodore Noyes, chairman of central suffrage committee, named by various civic organizations many months ago.

“A very large number of citizens who have expressed their ideas of local suffrage in my presence lately are very definite in their convictions,” said Mr. Donovan today, “that while they recognize it as axiomatic that for all time we must maintain a Federal status in the District, with exclusive right in Congress to legislate, they have no difficulty in harmonizing this with their right to choose the members of the Board of Commissioners of the District, the Board of Education, the Board of Children’s Guardians, the Public Utilities Commission and kindred other administrative officers. None of them can see good reasons why doing of this would conflict in the least with authority of Congress to retain legislative control over the District.

“The President of the United States is really too busy to be compelled to pass upon the qualifications of men for administrative officers, and it is reasonable to assume that all men chosen by the electorate would work in harmony with Congress.”

Demand, Not Supplicate.

Mr. Donovan is convinced that the time has come to stop supplication for representation in the Senate and House and the Electoral College for the District. The question, as he sees it, should be submitted to Congress as a demand from American citizens who have done their share in every activity of peace and war, and whose records in money and men given to the Government for the war with Germany were better than those of a number of States of the Union.

“I am confident that when American citizens outside the District comprehend the status of the people here they will absolutely demand that their Senators and Congressmen correct the injustice so long done to the people of this city,” went on Mr. Donovan. “Therefore I say that the time for that justice is close at hand, and that we should ask for all that we are entitled to rather than humbly asking for a bit of legislation at a time.

“Our trouble in the past, and that is now being overcome through the co-operation of all citizens, is that the citizens of the States were not aware of the fact that to be a citizen of the Federal Capital carried with it the stigma of forfeiture of every right our forefathers fought and died for, and which our sons and brothers went overseas and laid down their lives for.

“When they ascertain that the principle of self-determination is to be made by the peace conference to apply to dozens of little nations in Europe and not to the enlightened citizens of the city of Washington, they will have something effective to say. All indications we now have are that they are already beginning to say it.

Capital Patriotic.

“Seventeen thousand District boys went into the army to fight for democracy; the more than 400,000 citizens who were left behind exceeded the same number of people in any other part of the United States in Liberty bond and war stamp subscriptions. Thus measuring up to the every demand of their Government, meeting every crisis like real men, is there any longer opposition to Washington people being given the same right of self-determination as the Turk, the Bulgarian, the Greek, Rumanian, Serb, and others?”


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.



THE DISTRICT OF COLUMBIA SUFFRAGE BILL – Harper’s Magazine, Monthly Record of Current Events, February, 1867
|| 11/19/2010 || 8:39 pm || + Render A Comment || ||

Monthly Record of Current Events - Harper's Magazine, February, 1867

On the 7th the President returned, without his approval, the bill regulating Suffrage in the District. His objections to the bill were essentially these: Congress having the power of legislating for the District ought “to have a like respect for the will and interests of its inhabitants as is entertained by a State Legislature for the wishes and interests of the people for whom they legislate.”

The people of the District, at a special election held in December, 1865, by a vote almost unanimous (7369 to 35) voted against the extension to negroes of the right of Suffrage. In 1860 the population of the District was 60,000 whites and 14,000 people of color; now there are 100,000 whites and 30,000 colored; the augmentation of the colored population is owing mainly to the influx of escaped fugitives from Maryland and Virginia.

Having heretofore been held in slavery “and denied all opportunities for mental culture, we should inquire whether, after so brief a probation, they are, as a class, capable of an intelligent exercise of the right of Suffrage, and qualified to discharge the duties of official position.” The President is clearly of opinion that they are not.

And, moreover, “clothed with the right of Suffrage, their numbers largely in excess of the demand for labor, would soon be increased by an efflux from the surrounding States; and hardly yet capable of forming correct judgments upon the important questions that often make the issues of a political contest, they could readily be made subservient to the purposes of designing persons; and it would be within their power in one year to come into the District in such numbers as to have the supreme control of the white race, and to govern them by their own officers, and by the exercise of all the municipal authority—among the rest, of the right of taxation over property in which they have no interest.”

The President says that this law, “imposed upon an unwilling people, placed by the Constitution under the exclusive legislation of Congress, would be viewed as an arbitrary exercise of power, and as an indication by the country of the purpose of Congress to compel the acceptance of negro suffrage by the States. It would engender a feeling of opposition and hatred between the two races which would prevent them from living together in a state of mutual friendliness.”

He proceeds to argue that the extension to them of the power of suffrage is not necessary to enable persons of color to protect themselves in their rights and interests; and urges that there is great danger in the extension of this right to any new class of the population. He refers to the checks which are interposed in the way of the naturalization of emigrants, who are required, in addition to a residence of five years, to prove good moral character. It can not, he says, be supposed that the negroes, “from their previous condition of servitude are, as a class, as well informed as to the nature of our government as the intelligent foreigner who makes our land the home of his choice.”

The bill was passed notwithstanding the veto of the President (in the Senate, by 29 to 10 — 13 Senators not voting; and in the House by 113 to 38 — 41 members not voting). More than two-thirds of each House voting in its favor; the bill becomes a law.


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



President Andrew Johnson’s Veto Message to Congress Concerning A Bill to Regulate the Elective Franchise in the District of Columbia – January 5, 1867
|| 11/15/2010 || 6:26 pm || 2 Comments Rendered || ||

Even five years after President Lincoln signed An Act for the Release of certain Persons held to Service or Labor in the District of Columbia aka the District of Columbia Compensated Emancipation Act, it was quite evident that emancipation did not mean electoral equality. Amendments to the Constitution were to be required, but before they were even ratified, Congress chose to extend suffrage to African Americans over a recent vote of the qualified, male Caucasian population in the District of Columbia.

Below is the veto message to Congress President Andrew Johnson wrote against a bill that would have extended universal suffrage to African Americans in the District of Columbia. In the message he assumes the role of a “check” against the exclusive jurisdiction of Congress over the District and explains that Congress should not experiment on the District residents, but rather let the Constitutional Amendment be ratified first.

I have chosen to highlight this text because while I disagree with Andrew Johnson’s conclusion, I believe his intention was correct. The 15th Amendment to the Constitutional was ratified three years later and Andrew Johnson was impeached. But the notion that the President should be the protector of the people of the District of Columbia against powers of Congress over the people of the District of Columbia is something to seriously consider when studying means to obtain full representation for residents today, especially since the President is the only federally elected official District residents can vote for, and that was only through a subsequent constitutional amendment.

Detail of a print showing a portion of the campaign banner for the Republican ticket in the 1864 presidential election.

To the Senate of the United States:

I have received and considered a bill entitled “An act to regulate the elective franchise in the District of Columbia,” passed by the Senate on the 13th of December and by the House of Representatives on the succeeding day. It was presented for my approval on the 26th ultimo–six days after the adjournment of Congress–and is now returned with my objections to the Senate, in which House it originated.

Measures having been introduced at the commencement of the first session of the present Congress for the extension of the elective franchise to persons of color in the District of Columbia, steps were taken by the corporate authorities of Washington and Georgetown to ascertain and make known the opinion of the people of the two cities upon a subject so immediately affecting their welfare as a community. The question was submitted to the people at special elections held in the month of December, 1865, when the qualified voters of Washington and Georgetown, with great unanimity of sentiment, expressed themselves opposed to the contemplated legislation. In Washington, in a vote of 6,556–the largest, with but two exceptions, ever polled in that city–only thirty-five ballots were cast for Negro suffrage, while in Georgetown, in an aggregate of 813 votes–a number considerably in excess of the average vote at the four preceding annual elections–but one was given in favor of the proposed extension of the elective franchise. As these elections seem to have been conducted with entire fairness, the result must be accepted as a truthful expression of the opinion of the people of the District upon the question which evoked it. Possessing, as an organized community, the same popular right as the inhabitants of a State or Territory to make known their will upon matters which affect their social and political condition, they could have selected no more appropriate mode of memorializing Congress upon the subject of this bill than through the suffrages of their qualified voters.

Entirely disregarding the wishes of the people of the District of Columbia, Congress has deemed it right and expedient to pass the measure now submitted for my signature. It therefore becomes the duty of the Executive, standing between the legislation of the one and the will of the other, fairly expressed, to determine whether he should approve the bill, and thus aid in placing upon the statute books of the nation a law against which the people to whom it is to apply have solemnly and with such unanimity protested, or whether he should return it with his objections in the hope that upon reconsideration Congress, acting as the representatives of the inhabitants of the seat of Government, will permit them to regulate a purely local question as to them may seem best suited to their interests and condition.

The District of Columbia was ceded to the United States by Maryland and Virginia in order that it might become the permanent seat of Government of the United States. Accepted by Congress, it at once became subject to the “exclusive legislation” for which provision is made in the Federal Constitution. It should be borne in mind, however, that in exercising its functions as the lawmaking power of the District of Columbia the authority of the National Legislature is not without limit, but that Congress is bound to observe the letter and spirit of the Constitution as well in the enactment of local laws for the seat of Government as in legislation common to the entire Union. Were it to be admitted that the right “to exercise exclusive legislation in all cases whatsoever” conferred upon Congress unlimited power within the District of Columbia, titles of nobility might be granted within its boundaries; laws might be made “respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the Government for a redress of grievances.” Despotism would thus reign at the seat of government of a free republic, and as a place of permanent residence it would be avoided by all who prefer the blessings of liberty to the mere emoluments of official position.

It should also be remembered that in legislating for the District of Columbia under the Federal Constitution the relation of Congress to its inhabitants is analogous to that of a legislature to the people of a State under their own local constitution. It does not, therefore, seem to be asking too much that in matters pertaining to the District Congress should have a like respect for the will and interest of its inhabitants as is entertained by a State legislature for the wishes and prosperity of those for whom they legislate. The spirit of our Constitution and the genius of our Government require that in regard to any law which is to affect and have a permanent bearing upon a people their will should exert at least a reasonable influence upon those who are acting in the capacity of their legislators. Would, for instance, the legislature of the State of New York, or of Pennsylvania, or of Indiana, or of any State in the Union, in opposition to the expressed will of a large majority of the people whom they were chosen to represent, arbitrarily force upon them as voters all persons of the African or Negro race and make them eligible for office without any other qualification than a certain term of residence within the State? In neither of the States named would the colored population, when acting together, be able to produce any great social or political result. Yet in New York, before he can vote, the man of color must fulfill conditions that are not required of the white citizen; in Pennsylvania the elective franchise is restricted to white freemen, while in Indiana Negroes and mulattoes are expressly excluded from the right of suffrage. It hardly seems consistent with the principles of right and justice that representatives of States where suffrage is either denied the colored man or granted to him on qualifications requiring intelligence or property should compel the people of the District of Columbia to try an experiment which their own constituents have thus far shown an unwillingness to test for themselves. Nor does it accord with our republican ideas that the principle of self-government should lose its force when applied to the residents of the District merely because their legislators are not, like those of the States, responsible through the ballot to the people for whom they are the lawmaking power.

The great object of placing the seat of Government under the exclusive legislation of Congress was to secure the entire independence of the General Government from undue State influence and to enable it to discharge without danger of interruption or infringement of its authority the high functions for which it was created by the people. For this important purpose it was ceded to the United States by Maryland and Virginia, and it certainly never could have been contemplated as one of the objects to be attained by placing it under the exclusive jurisdiction of Congress that it would afford to propagandists or political parties a place for an experimental test of their principles and theories. While, indeed, the residents of the seat of Government are not citizens of any State and are not, therefore, allowed a voice in the electoral college or representation in the councils of the nation, they are, nevertheless, American citizens, entitled as such to every guaranty of the Constitution, to every benefit of the laws, and to every right which pertains to citizens of our common country. In all matters, then, affecting their domestic affairs, the spirit of our democratic form of government demands that their wishes should be consulted and respected and they taught to feel that although not permitted practically to participate in national concerns, they are, nevertheless, under a paternal government regardful of their rights, mindful of their wants, and solicitous for their prosperity. It was evidently contemplated that all local questions would be left to their decision, at least to an extent that would not be incompatible with the object for which Congress was granted exclusive legislation over the seat of Government. When the Constitution was yet under consideration, it was assumed by Mr. Madison that its inhabitants would be allowed “a municipal legislature for local purposes, derived from their own suffrages.” When for the first time Congress, in the year 1800, assembled at Washington, President Adams, in his speech at its opening, reminded the two Houses that it was for them to consider whether the local powers over the District of Columbia, vested by the Constitution in the Congress of the United States, should be immediately exercised, and he asked them to “consider it as the capital of a great nation, advancing with unexampled rapidity in arts, in commerce, in wealth, and in population, and possessing within itself those resources which, if not thrown away or lamentably misdirected, would secure to it a long course of prosperity and self-government.” Three years had not elapsed when Congress was called upon to determine the propriety of retroceding to Maryland and Virginia the jurisdiction of the territory which they had respectively relinquished to the Government of the United States. It was urged on the one hand that exclusive jurisdiction was not necessary or useful to the Government; that it deprived the inhabitants of the District of their political rights; that much of the time of Congress was consumed in legislation pertaining to it; that its government was expensive; that Congress was not competent to legislate for the District, because the members were strangers to its local concerns; and that it was an example of a government without representation — an experiment dangerous to the liberties of the States. On the other hand it was held, among other reasons, and successfully, that the Constitution, the acts of cession of Virginia and Maryland, and the act of Congress accepting the grant all contemplated the exercise of exclusive legislation by Congress, and that its usefulness, if not its necessity, was inferred from the inconvenience which was felt for want of it by the Congress of the Confederation; that the people themselves, who, it was said, had been deprived of their political rights, had not complained and did not desire a retrocession; that the evil might be remedied by giving them a representation in Congress when the District should become sufficiently populous, and in the meantime a local legislature; that if the inhabitants had not political rights they had great political influence; that the trouble and expense of legislating for the District would not be great, but would diminish, and might in a great measure be avoided by a local legislature; and that Congress could not retrocede the inhabitants without their consent. Continuing to live substantially under the laws that existed at the time of the cession, and such changes only having been made as were suggested by themselves, the people of the District have not sought by a local legislature that which has generally been willingly conceded by the Congress of the nation.

As a general rule sound policy requires that the legislature should yield to the wishes of a people, when not inconsistent with the constitution and the laws. The measures suited to one community might not be well adapted to the condition of another; and the persons best qualified to determine such questions are those whose interests are to be directly affected by any proposed law. In Massachusetts, for instance, male persons are allowed to vote without regard to color, provided they possess a certain degree of intelligence. In a population in that State of 1,231,066 there were, by the census of 1860, only 9,602 persons of color, and of the males over 20 years of age there were 339,086 white to 2,602 colored. By the same official enumeration there were in the District of Columbia 60,764 whites to 14,316 persons of the colored race. Since then, however, the population of the District has largely increased, and it is estimated that at the present time there are nearly 100,000 whites to 30,000 Negroes. The cause of the augmented numbers of the latter class needs no explanation. Contiguous to Maryland and Virginia, the District during the war became a place of refuge for those who escaped from servitude, and it is yet the abiding place of a considerable proportion of those who sought within its limits a shelter from bondage. Until then held in slavery and denied all opportunities for mental culture, their first knowledge of the Government was acquired when, by conferring upon them freedom, it became the benefactor of their race. The test of their capability for improvement began when for the first time the career of free industry and the avenues to intelligence were opened to them. Possessing these advantages but a limited time–the greater number perhaps having entered the District of Columbia during the later years of the war, or since its termination–we may well pause to inquire whether, after so brief a probation, they are as a class capable of an intelligent exercise of the right of suffrage and qualified to discharge the duties of official position. The people who are daily witnesses of their mode of living, and who have become familiar with their habits of thought, have expressed the conviction that they are not yet competent to serve as electors, and thus become eligible for office in the local governments under which they live. Clothed with the elective franchise, their numbers, already largely in excess of the demand for labor, would be soon increased by an influx from the adjoining States. Drawn from fields where employment is abundant, they would in vain seek it here, and so add to the embarrassments already experienced from the large class of idle persons congregated in the District. Hardly yet capable of forming correct judgments upon the important questions that often make the issues of a political contest, they could readily be made subservient to the purposes of designing persons. While in Massachusetts, under the census of 1860, the proportion of white to colored males over 20 years of age was 130 to 1, here the black race constitutes nearly one-third of the entire population, whilst the same class surrounds the District on all sides, ready to change their residence at a moment’s notice, and with all the facility of a nomadic people, in order to enjoy here, after a short residence, a privilege they find nowhere else. It is within their power in one year to come into the District in such numbers as to have the supreme control of the white race, and to govern them by their own officers and by the exercise of all the municipal authority–among the rest, of the power of taxation over property in which they have no interest. In Massachusetts, where they have enjoyed the benefits of a thorough educational system. a qualification of intelligence is required, while here suffrage is extended to all without discrimination as well to the most incapable who can prove a residence in the District of one year as to those persons of color who, comparatively few in number, are permanent inhabitants, and, having given evidence of merit and qualification, are recognized as useful and responsible members of the community. Imposed upon an unwilling people placed by the Constitution under the exclusive legislation of Congress, it would be viewed as an arbitrary exercise of power and as an indication by the country of the purpose of Congress to compel the acceptance of Negro suffrage by the States. It would engender a feeling of opposition and hatred between the two races, which, becoming deep rooted and ineradicable, would prevent them from living together in a state of mutual friendliness. Carefully avoiding every measure that might tend to produce such a result. and following the clear and well-ascertained popular will, we should assiduously endeavor to promote kindly relations between them, and thus, when that popular will leads the way, prepare for the gradual and harmonious introduction of this new element into the political power of the country.

It can not be urged that the proposed extension of suffrage in the District of Columbia is necessary to enable persons of color to protect either their interests or their rights. They stand here precisely as they stand in Pennsylvania, Ohio, and Indiana. Here as elsewhere, in all that pertains to civil rights, there is nothing to distinguish this class of persons from citizens of the United States, for they possess the “full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens,” and are made “subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstanding.” Nor, as has been assumed, are their suffrages necessary to aid a loyal sentiment here, for local governments already exist of undoubted fealty to the Government, and are sustained by communities which were among the first to testify their devotion to the Union, and which during the struggle furnished their full quotas of men to the military service of the country.

The exercise of the elective franchise is the highest attribute of an American citizen, and when guided by virtue, intelligence, patriotism, and a proper appreciation of our institutions constitutes the true basis of a democratic form of government, in which the sovereign power is lodged in the body of the people. Its influence for good necessarily depends upon the elevated character and patriotism of the elector, for if exercised by persons who do not justly estimate its value and who are indifferent as to its results it will only serve as a means of placing power in the hands of the unprincipled and ambitious, and must eventuate in the complete destruction of that liberty of which it should be the most powerful conservator. Great danger is therefore to be apprehended from an untimely extension of the elective franchise to any new class in our country, especially when the large majority of that class, in wielding the power thus placed in their hands, can not be expected correctly to comprehend the duties and responsibilities which pertain to suffrage. Yesterday, as it were, 4,000,000 persons were held in a condition of slavery that had existed for generations; to-day they are freemen and are assumed by law to be citizens. It can not be presumed, from their previous condition of servitude, that as a class they are as well informed as to the nature of our Government as the intelligent foreigner who makes our land the home of his choice. In the case of the latter neither a residence of five years and the knowledge of our institutions which it gives nor attachment to the principles of the Constitution are the only conditions upon which he can be admitted to citizenship; he must prove in addition a good moral character, and thus give reasonable ground for the belief that he will be faithful to the obligations which he assumes as a citizen of the Republic. Where a people–the source of all political power–speak by their suffrages through the instrumentality of the ballot box, it must be carefully guarded against the control of those who are corrupt in principle and enemies of free institutions, for it can only become to our political and social system a safe conductor of healthy popular sentiment when kept free from demoralizing influences. Controlled through fraud and usurpation by the designing, anarchy and despotism must inevitably follow. In the hands of the patriotic and worthy our Government will be preserved upon the principles of the Constitution inherited from our fathers. It follows, therefore, that in admitting to the ballot box a new class of voters not qualified for the exercise of the elective franchise we weaken our system of government instead of adding to its strength and durability.

In returning this bill to the Senate I deeply regret that there should be any conflict of opinion between the legislative and executive departments of the Government in regard to measures that vitally affect the prosperity and peace of the country. Sincerely desiring to reconcile the States with one another and the whole people to the Government of the United States, it has been my earnest wish to cooperate with Congress in all measures having for their object a proper and complete adjustment of the questions resulting from our late civil war. Harmony between the coordinate branches of the Government, always necessary for the public welfare, was never more demanded than at the present time, and it will therefore be my constant aim to promote as far as possible concert of action between them. The differences of opinion that have already occurred have rendered me only the more cautious, lest the Executive should encroach upon any of the prerogatives of Congress or by exceeding in any manner the constitutional limit of his duties destroy the equilibrium which should exist between the several coordinate departments, and which is so essential to the harmonious working of the Government. I know it has been urged that the executive department is more likely to enlarge the sphere of its action than either of the other two branches of the Government, and especially in the exercise of the veto power conferred upon it by the Constitution. It should be remembered, however, that this power is wholly negative and conservative in its character, and was intended to operate as a check upon unconstitutional, hasty, and improvident legislation and as a means of protection against invasions of the just powers of the executive and judicial departments. It is remarked by Chancellor Kent that–

To enact laws is a transcendent power, and if the body that possesses it be a full and equal representation of the people there is danger of its pressing with destructive weight upon all the other parts of the machinery of Government. It has therefore been thought necessary by the most skillful and most experienced artists in the science of civil polity that strong barriers should be erected for the protection and security of the other necessary powers of the Government. Nothing has been deemed more fit and expedient for the purpose than the provision that the head of the executive department should be so constituted as to secure a requisite share of independence and that he should have a negative upon the passing of laws; and that the judiciary power, resting on a still more permanent basis, should have the right of determining upon the validity of laws by the standard of the Constitution.

The necessity of some such check in the hands of the Executive is shown by reference to the most eminent writers upon our system of government, who seem to concur in the opinion that encroachments are most to be apprehended from the department in which all legislative powers are vested by the Constitution. Mr. Madison, in referring to the difficulty of providing some practical security for each against the invasion of the others, remarks that “the legislative department is everywhere extending the sphere of its activity and drawing all power into its impetuous vortex.” “The founders of our Republic * * * seem never to have recollected the danger from legislative usurpations, which by assembling all power in the same hands must lead to the same tyranny as is threatened by Executive usurpations.” “In a representative republic, where the executive magistracy is carefully limited both in the extent and the duration of its power, and where the legislative power is exercised by an assembly which is inspired, by a supposed influence over the people, with an intrepid confidence in its own strength, which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions by means which reason prescribes, it is against the enterprising ambition of this department that the people ought to indulge all their jealousy and exhaust all their precautions.” “The legislative department derives a superiority in our governments from other circumstances. Its constitutional powers being at once more extensive and less susceptible of precise limits, it can with the greater facility mask, under complicated and indirect measures, the encroachments which it makes on the coordinate departments.” “On the other side, the Executive power being restrained within a narrower compass and being more simple in its nature, and the judiciary being described by landmarks still less uncertain, projects of usurpation by either of these departments would immediately betray and defeat themselves. Nor is this all. As the legislative department alone has access to the pockets of the people and has in some constitutions full discretion and in all a prevailing influence over the pecuniary rewards of those who fill the other departments, a dependence is thus created in the latter which gives still greater facility to encroachments of the former.”

“We have seen that the tendency of republican governments is to an aggrandizement of the legislative at the expense of the other departments.”

Mr. Jefferson, in referring to the early constitution of Virginia, objected that by its provisions all the powers of government–legislative, executive, and judicial–resulted to the legislative body, holding that “the concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots would surely be as oppressive as one.” “As little will it avail us that they are chosen by ourselves. An elective despotism was not the government we fought for, but one which should not only be rounded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others. For this reason that convention which passed the ordinance of government laid its foundation on this basis, that the legislative, executive, and judicial departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time. But no barrier was provided between these several powers. The judiciary and executive members were left dependent on the legislative for their subsistence in office, and some of them for their continuance in it. If, therefore, the legislature assumes executive and judiciary powers, no opposition is likely to be made, nor, if made, can be effectual, because in that case they may put their proceedings into the form of an act of assembly, which will render them obligatory on the other branches. They have accordingly in many instances decided rights which should have been left to judiciary controversy; and the direction of the executive, during the whole time of their session, is becoming habitual and familiar.”

Mr. Justice Story, in his Commentaries on the Constitution, reviews the same subject, and says:

The truth is that the legislative power is the great and overruling power in every free government. * * * The representatives of the people will watch with jealousy every encroachment of the executive magistrate, for it trenches upon their own authority. But who shall watch the encroachment of these representatives themselves? Will they be as jealous of the exercise of power by themselves as by others? * * *

There are many reasons which may be assigned for the engrossing influence of the legislative department. In the first place, its constitutional powers are more extensive, and less capable of being brought within precise limits than those of either the other departments. The bounds of the executive authority are easily marked out and defined. It reaches few objects, and those are known. It can not transcend them without being brought in contact with the other departments. Laws may check and restrain and bound its exercise. The same remarks apply with still greater force to the judiciary. The jurisdiction is, or may be, bounded to a few objects or persons; or, however general and unlimited, its operations are necessarily confined to the mere administration of private and public justice. It can not punish without law. It can not create controversies to act upon. It can decide only upon rights and cases as they are brought by others before it. It can do nothing for itself. It must do everything for others. It must obey the laws, and if it corruptly administers them it is subjected to the power of impeachment. On the other hand, the legislative power except in the few cases of constitutional prohibition, is unlimited. It is forever varying its means and its ends. It governs the institutions and laws and public policy of the country. It regulates all its vast interests. It disposes of all its property. Look but at the exercise of two or three branches of its ordinary powers. It levies all taxes; it directs and appropriates all supplies; it gives the rules for the descent, distribution, and devises of all property held by individuals; it controls the sources and the resources of wealth; it changes at its will the whole fabric of the laws; it molds at its pleasure almost all the institutions which give strength and comfort and dignity to society.

In the next place, it is the direct visible representative of the will of the people in all the changes of times and circumstances. It has the pride as well as the power of numbers. It is easily moved and steadily moved by the strong impulses of popular feeling and popular odium. It obeys without reluctance the wishes and the will of the majority for the time being. The path to public favor lies open by such obedience, and it finds not only support but impunity in whatever measures the majority advises, even though they transcend the constitutional limits. It has no motive, therefore, to be jealous or scrupulous in its own use of power; and it finds its ambition stimulated and its arm strengthened by the countenance and the courage of numbers. These views are not alone those of men who look with apprehension upon the fate of republics, but they are also freely admitted by some of the strongest advocates for popular rights and the permanency of republican institutions. * * *

* * * Each department should have a will of its own. * * * Each should have its own independence secured beyond the power of being taken away by either or both of the others. But at the same time the relations of each to the other should be so strong that there should be a mutual interest to sustain and protect each other. There should not only be constitutional means, but personal motives to resist encroachments of one or either of the others. Thus ambition would be made to counteract ambition, the desire of power to check power, and the pressure of interest to balance an opposing interest.

* * * The judiciary is naturally and almost necessarily, as has been already said, the weakest department. It can have no means of influence by patronage. Its powers can never be wielded for itself. It has no command over the purse or the sword of the nation. It can neither lay taxes, nor appropriate money, nor command armies, nor appoint to office. It is never brought into contact with the people by constant appeals and solicitations and private intercourse, which belong to all the other departments of Government. It is seen only in controversies or in trials and punishments. Its rigid justice and impartiality give it no claims to favor, however they may to respect. It stands solitary and unsupported, except by that portion of public opinion which is interested only in the strict administration of justice. It can rarely secure the sympathy or zealous support either of the Executive or the Legislature. If they are not, as is not unfrequently the case, jealous of its prerogatives, the constant necessity of scrutinizing the acts of each, upon the application of any private person, and the painful duty of pronouncing judgment that these acts are a departure from the law or Constitution can have no tendency to conciliate kindness or nourish influence. It would seem, therefore, that some additional guards would, under the circumstances, be necessary to protect this department from the absolute dominion of the others. Yet rarely have any such guards been applied, and every attempt to introduce them has been resisted with a pertinacity which demonstrates how slow popular leaders are to introduce checks upon their own power and how slow the people are to believe that the judiciary is the real bulwark of their liberties. * * *

* * * If any department of the Government has undue influence or absorbing power, it certainly has not been the executive or judiciary.

In addition to what has been said by these distinguished writers, it may also be urged that the dominant party in each House may, by the expulsion of a sufficient number of members or by the exclusion from representation of a requisite number of States, reduce the minority to less than one-third. Congress by these means might be enabled to pass a law, the objections of the President to the contrary notwithstanding, which would render impotent the other two departments of the Government and make inoperative the wholesome and restraining power which it was intended by the framers of the Constitution should be exerted by them. This would be a practical concentration of all power in the Congress of the United States; this, in the language of the author of the Declaration of Independence, would be “precisely the definition of despotic government.”

I have preferred to reproduce these teachings of the great statesmen and constitutional lawyers of the early and later days of the Republic rather than to rely simply upon an expression of my own opinions. We can not too often recur to them, especially at a conjuncture like the present. Their application to our actual condition is so apparent that they now come to us a living voice, to be listened to with more attention than at any previous period of our history. We have been and are yet in the midst of popular commotion. The passions aroused by a great civil war are still dominant. It is not a time favorable to that calm and deliberate judgment which is the only safe guide when radical changes in our institutions are to be made. The measure now before me is one of those changes. It initiates an untried experiment for a people who have said, with one voice, that it is not for their good. This alone should make us pause, but it is not all. The experiment has not been tried, or so much as demanded, by the people of the several States for themselves. In but few of the States has such an innovation been allowed as giving the ballot to the colored population without any other qualification than a residence of one year, and in most of them the denial of the ballot to this race is absolute and by fundamental law placed beyond the domain of ordinary legislation. In most of those States the evil of such suffrage would be partial, but, small as it would be, it is guarded by constitutional barriers. Here the innovation assumes formidable proportions, which may easily grow to such an extent as to make the white population a subordinate element in the body politic.

After full deliberation upon this measure, I can not bring myself to approve it, even upon local considerations, nor yet as the beginning of an experiment on a larger scale. I yield to no one in attachment to that rule of general suffrage which distinguishes our policy as a nation. But there is a limit, wisely observed hitherto, which makes the ballot a privilege and a trust, and which requires of some classes a time suitable for probation and preparation. To give it indiscriminately to a new class, wholly unprepared by previous habits and opportunities to perform the trust which it demands, is to degrade it, and finally to destroy its power, for it may be safely assumed that no political truth is better established than that such indiscriminate and all-embracing extension of popular suffrage must end at last in its destruction.

ANDREW JOHNSON.
Veto Message
January 5, 1867



Citation: John T. Woolley and Gerhard Peters, The American Presidency Project [online]. Santa Barbara, CA. Available from World Wide Web: http://www.presidency.ucsb.edu/ws/?pid=72067.



Act of Cession from the State of Virginia – December 3, 1789
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In this act, passed December 3rd, 1789, the State of Virginia “forever ceded and relinquished to the Congress and Government of the United States,” a tract of land no larger than 10 miles square to be used for the seat of government of the United States. However, 57 years after the passage of this act, the Legislature of State of Virginia would pass a subsequent act requesting the land back with the assent of Congress and the people of Alexandria.

One constitutional question I have, and the reason why I am posting the legislation below, is, if in the spring of 1846, did the State of Virginia violate Article I, Section 10, Clause 1 of the United States Constitution? This section says it is illegal for States to pass laws impairing the obligation of contracts. Therefore, if the State of Virginia entered into a Contract with the Federal Government with the passage of the act below (and others), was the passage of the 1846 act requesting the land back a form contractual impairment?

Act of Cession from the State of Virginia - December 3, 1789

ACT OF CESSION FROM THE STATE OF VIRGINIA.

AN ACT for the cession of ten miles square, or any lesser quantity of territory within this State, to the United States, in Congress assembled, for the permanent seat of the General Government. [Passed the 3d December. 1789.]

I. Whereas the equal and common benefits resulting from the administration of the General Government will be best diffused, and its operations become more prompt and certain, by establishing such a situation for the seat of the said Government as will be most central and convenient to the citizens of the United States at large ; having regard as well to population, extent of territory, and a free navigation to the Atlantic Ocean, through the Chesapeake Bay, as to the most direct and ready communication with our fellow-citizens on the western frontier; and whereas it appears to this assembly that a situation combining all the considerations and advantages before recited may be had on the banks of the river Potomac, above tidewater, in a country rich and fertile in soil, healthy and salubrious in climate, and abounding in all the necessaries and conveniences of life, where, in a location of ten miles square, if the wisdom of Congress shall so direet, the States of Pennsylvania, Maryland, and Virginia, may participate in such location :

II. Be it therefore enacted by the general assembly, That a tract of country, not exceeding ten miles square, or any lesser quantity, to be located within the limits of the State, and in any part thereof, as Congress may by law direct, shall be, and the same is hereby forever ceded and relinquished to the Congress and Government of the United States, in full and absolute right, and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the Constitution of the Government of the United States.

III. Provided, That nothing herein contained shall be construed to vest in the United States any right of property in the soil, or to affect the rights of individuals therein, otherwise than the same shall or may be transferred by such individuals to the United States.

IV. And provided also, That the jurisdiction of the laws of this commonwealth over the persons and property of individuals residing within the limits of the cession aforesaid, shall not cease or determine until Congress, having accepted the said cession, shall, by law, provide for the government thereof, under their jurisdiction, in manner provided by the article of the Constitution before recited.


SOURCE: Page 651. The Compiled Statutes in Force in the District of Columbia, Including the Acts of the Second Session of the Fiftieth Congress, 1887-’89


Related Retrocession of Alexandria Entries:

+ MORE



“Representation, Reforestation” Was Selected For The DC Urban Forest Project
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I’m looking forward to finding out where my “tree” will be “planted” in downtown DC. I should know sometime next month!

My Urban Tree Project Submission: Representation, Reforestation

From the AIGA DC Website: AIGA DC would like to thank the Washington DC community for contributing over 400 submissions to be judged for The Urban Forest Project Washington DC. We are excited to share with you the 100 artists whose artwork was selected to be exhibited this spring on street banners. In addition to the professional artists, the work of AIGA DC’s mentoring teams and the Corcoran College of Art and Designs students* will be included.

Please look for additional information regarding the exhibition date, online gallery and reception in a couple of months. In the meantime visit ufp-dc.com to see where the banners will be exhibited.


WINNING PROFESSIONAL DESIGNERS AND ARTISTS
Sandy Adams
Antonio Alcala
Milagros Arrisueno
Julia Ames
Ioana Balasa
Sarah Hitchcock Becker
Ed Bisese
Nancy Bratton
Jessica Blair Buchanan
Bryan Byczek
Craig Cahoon
Sarah Chamberlain
Danielle
Dominique Chirinciuc
Ryan Clennan
Ryan Cooley
Adriana Cordero
Cecilia Cortes-Earle
MIchael Crossett
Daniel Delli-Colli
Tara Detchemendy
Alex Diaz
Eileen Doughty
Ilfigenija Dupras
Alessandra Marie Echeverri
Lauren Emeritz
Jo Fleming
Liani Foster
Lara Fredrickson
Rachel Freedman
Doug Fuller
Alia Faith
Nathan Gomez
Francheska Guerrero
Nicole Hamam
Robin Harris
Rania Hassan
Sean Hennessy
Richard Lee Heffner
Allen Hopper
Marcie Wolf Hubbard
Alicia Jager
Ann Kerns
Minki Kim
Ethel Kessler
Phyllis Klein
Galen Lawson
Marni Lawson
Sara Lin
Patti Look
Betsy Martin
Jessica Menk
Jamie Mitchell
Kudirat B. Momoh
Phil Napala
Catherine Nichols
Phil Napala
Katie O’Brien
Julian Oh
Nicole Parente-Lopez
Michelle Thomas
Hillary Reilly
Elizabeth Renomeron
Jessica Reynolds
Karen Rose
Kerri Sarembock
Erika Satlof
Monica Servaites
Shikha Savdas
Nikolas Schiller
Alex Schultz
Carolyn Sewell
Lindsey Smith
Marri Stanback
Greg Stein
Randall Stoltzfus
Rachel Stone
Hermano Talastas
Shelby Tanase
Angela Terry
Julee Dickerson Thompson
George Travez
Joe Velasquez
Sarah Joy Verville
John Wehmann
Jessica Witmer

AIGA DC MENTORING TEAMS
William Jones + Erin Green
Dezae Precia + Nicole Hamam
Demetria Williams + Jane deBruijn

*Not listed are the selected Corcoran Art + Design students

THE JURORS
Sam Shelton, Kinetik
Jim Darling, Useful Studios
Rachel Dickerson, DC Commission on the Arts and Humanities
Monica Lear, Urban Forestry Administration, DDOT
Linda Harper, Director of Cultural Tourism DC


ABOUT THIS PROJECT
This spring, The Urban Forest Project, a global public arts and environmental initiative, will plant 100 street banners designed by local designers and students in the downtown Washington DC. Each banner will use the form of, or metaphor for, a tree to make powerful visual statements about the environment. Together they’ll create a forest of thoughtful images in the heart of the nation’s capitol. Once the banners come down from the light poles, the artwork will be repurposed into tote bags for purchase. Proceeds from the sales of the tote bags will go to non-profit environmental efforts that will aid Washington DC in being a cleaner, greener and more sustainable city.

This project, conceived by Worldstudio, is being presented in Washington, DC by the District Department of Transportation (DDOT), in collaboration with the Corcoran College of Art and Design, AIGA DC and Downtown DC Business Improvement District. Seed funding for the project was provided through a grant from the USDA Forest Service with corporate sponsorship being sought to support implementation.

+Visit the DC Urban Forest Project Website



VOTE PLEA TO CONGRESS – Americanize 400,000, Urges D.C. Joint Citizens’ Committee – The Washington Post, February 13, 1918
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The Constitutional Amendment contained in this transcribed newspaper article is quite beautiful. It shows nearly 100 years of compromise and the remains of a civil rights struggle that affects 600,000 American citizens. Only a shred of this original Constitutional Amendment exists today and its in the form of the 23rd Amendment to the United States Constitution, which was ratified 43 years after the publication of this newspaper article in 1961. Unfortunately, the 23rd Amendment only allows the residents of the District of Columbia to obtain Presidential Electors (to be able to vote for the President) on par with the least populous state and provides no representation in Congress. The portion of the Constitutional Amendment below that was not ratified remained unfinished business for another 17 years when in 1978 the District of Columbia Voting Rights Amendment was passed by Congress. After seven years only 16 states of the needed 38 had ratified the amendment and the time window of ratification expired, leaving the residents of the District of Columbia without representation in Congress. There has not been a Constitutional Amendment passed by Congress since and I urge my delegate Eleanor Holmes Norton to introduce Constitutional Amendment similar to the one below. If not now, when?



VOTE PLEA TO CONGRESS


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


NO VOICE ON WAR OR TAXES


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


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

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

Voice in Electoral College.

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

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

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

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

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

Statehood Not Proposed.

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

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

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

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

Gives Congress Power to Act.

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



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

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

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

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


Low Court Standing.

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

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

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

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

No Voice in War Declaration.

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

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

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

Not to Disturb National Control.

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

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

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

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

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



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



ALEXANDRIA AND THE DISTRICT OF COLUMBIA – The Alexandria Gazette, June 9, 1909
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This editorial is the third in a series of editorials published by the Alexandria Gazette in first week of June 1909. As the editors hinted to at the end of the previous editorial, they reprint a previous opinion that was rendered by Senator George Frisbie Hoar of the judiciary committee shortly before his death.

Printed in full, for the first then, as it is the first time now, are the committee’s findings that the matter between Congress and Alexandria County, the former portion of the District of Columbia, have been resolved by political, not judicial means, and there is nothing stopping the negotiations for the reacquisition from taking place. The Hoar opinion was written 7 years prior in 1902 and concluded that the Federal government can purchase those lands back with the consent of the State of Virginia.


Click to view the newspaper clipping

ALEXANDRIA AND THE DISTRICT OF COLUMBIA – The Alexandria Gazette, June 9, 1909

As heretofore stated Mr. Hayes, of California, on May 27 introduced a bill in the House of Representatives to extend the limits of the District of Columbia so as to take in all of Alexandria county, but not Alexandria city or that part of Falls Church which lies within the county. The bill was published in full in the Gazette of June 1. Commenting upon this the Gazette of June 1st suggested that Mr. Hayes should read the report made to the Senate on this subject by the late Senator Hoar. This report reads as follows and has never before been published in full:



Constitutionality of the retrocession of a certain portion of the District of Columbia ceded to the United States by Virginia.
April 11, 1902, — Ordered to be printed.
MR. HOAR, from the committee on the judiciary, submitted the folowing

ADVERSE REPORT.

The committee on the judiciary, to whom was referred the joint resolution (S. R. 50) directing the attorney-general to bring suit to determine the constitutionality of the retrocession of that portion of the original District of Columbia which was ceded to the United States by the state of Virginia, submit the following report:

The territory on the other side of the Potomac river, including the city of Alexandria, which was originally a part of the 10 miles square, was ceded by Virginia for the seat of government. It was retroceded to Virginia by act of Congress in 1846, accepted by Virginia, and thereafter Congress exercised no jurisdiction over it, except so far as it controls the Arlington national cemetery, the experimental farm of the Department of Agriculture, the military school for cavalry, and the signal corps, with the land and building occupied by them.

It seems to the committee that it is not expedient that this act of retrocession should be set aside by Congress, even if Congress have the power so to do, without the consent of Virginia. Virginia accepted the transaction, it being understood that it was at the desire and for the benefit of the national government. She has established in Alexandria the important and intimate relations which every state forms for its own citizens dwelling on her own soil; and the people, on the other hand, we presume, feel the loyal and deep attachment which such a relation excites. Such a tie ought not to be broken at all without the consent of the parties, except in case of some paramount and overwhelming public interest.

As to the suggestion that the retrocession was unconstitutional, it seems to as the answer is that from the nature of the case it is a political question and not a judicial question, and that it has been settled by the political authorities alone competent to decide it. It is like the question, What is the true state government, the true and lawful government of a state?– like the question, What is the true frontier? where any dispute exists as to whether territory belongs to us or so a neighboring foreign country, and many like questions.

These are partly questions of law and partly of fact. The questions of law may be settled by the highest court to whom, in the course of judicial proceedings, they may be taken, unless, and until that court choose to reverse its previous opinions. But the fact must be determined in each case, when it arises, by the jury or other tribunal authorized to find the fact. It would be utterly intolerable that territory should be held in one case to be a part of Virginia, and in another case to be a part of the District of Columbia, according as might be held, in the individual case.

So it seems to the case must be deemed settled by the acquiescence in the act by Virginia and of the United States, as manifested by the conduct of the departments of government for more that half a century. The consequences of holding that this retrocession has been void from the beginning would be very serious.

If it be desirable that Alexandria become a part of the District of Columbia again, the only way to accomplish it will be to open negotiations with Virginia and get her consent (See Luther v. Borden, 7 How., 1.)

The committee, therefore, report adversely, and recommend that the resolution be indefinitely postponed.


This newspaper article was transcribed from a scan of the original newspaper article. The document was obtained from the Chronicling America newspaper collection 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.



STILL AFTER ALEXANDRIA – The Alexandria Gazette, June 5th, 1909
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This editorial is a follow-up to a previous editorial that included the full text of a bill that Representative Hayes, of California, had introduced in Congress the previous week to expand the size of the District of Columbia. Representative Hayes goes on record in this article saying that his bill is imperfect and that in the next session he would like to also include Alexandria City, which was left out. The editor of the Alexandria Gazette concludes with a hint at what the next editorial will be….


STILL AFTER ALEXANDRIA – The Alexandria Gazette, June 5th, 1909

Representative Hayes, of California, says he will push his bill, recently introduced in the House, for the return to the District of Columbia of the land once part of the District and later ceded to the State of Virginia. The action of the Twenty-third Congress in making the return of this land to Virginia has been criticised as unconstitutional, and President Taft at the dinner given him by the business men of Washington expressed a wish for the enlargement of the District.

Mr. Hayes said yesterday: “I am convinced that the land first ceded by Virginia is still legally a part of the District of Columbia. The constitution plainly states that an area not more than 10 miles square shall be the capital of the United States, under the jurisdiction of Congress. This Virginia land was ceded to the government for the District of Columbia, and there was and is no authority for its transfer back to Virginia. Since my bill was introduced I have become convinced that if the land is reclaimed by the government the town of Alexandria must be included in the transfer. I intend to push my measure at the next session, and I believe that the land will come back to the District. Certainly, no lawyer will contend for a moment that it rightfully belongs to the Dominion State, and I do not see how Congress can act otherwise than to restore the land to the jurisdiction of Congress.”

The president said in his speech that the city of Alexandria should be allowed to remain in Virginia, but members of Congress are of the opinion that if it is unconstitutional for the tract to remain in Virginia it is also unconstitutional for part of of the tract to remain in the State.

Mr. Hayes should read the report on this subject made to the Senate by Senator Hoar shortly before his death.


This newspaper article was transcribed from a scan of the original newspaper article. The document was obtained from the Chronicling America newspaper collection 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.



A Bill To Extend The Limits of the District of Columbia – The Alexandria Gazette, June 1, 1909
|| 12/23/2009 || 11:54 am || + Render A Comment || ||

It appears that some of my recent work uncovering the history of the District of Columbia has been somewhat popular as of late. I could not be happier. History brings joy only to those willing to learn it.

This entry was transcribed from the June 1st, 1909 edition of the Alexandria Gazette. The newspaper printed the entire text of a bill introduced by Representative Everis A. Hayes of California.

In this bill he outlines the expansion of the District of Columbia back to it’s original boundary, with the exceptions of Alexandria City and Falls Church, and gives the President authority to negotiate with the governor of the State of Virginia a price of no more than $100,000 for the land. [that is between 2 million and 40 million 2009 dollars depending on how you calculate it]

There is a portion of the text that is illegible due to the use of tape when the newspaper was archived. However, I was able to adjust the contrast to be able to make out about 90% of the missing text.

I have a couple more subsequent articles to be transcribed that follow up on what exactly happened to this bill.



A BILL TO EXTEND DISTRICT OF COLUMBIA LIMITS.

The following is the full text of the bill introduced in the House of Representatives on May 27, 1909 by Mr. Hayes, of California, which was referred to the committee on the District of Columbia:

A bill extending the limits of the District of Columbia.

Whereas more territory ought to be held under the exclusive legislation given Congress over the District which is the seat of the general government for purposes of such a seat; and

Whereas that portion of Alexandria county, in the State of Virginia, which was originally ceded to the United States by the State if Virginia and receded to the State of Virginia by the twenty-ninth Congress by an act approved July ninth, eighteen hundred and forty-six, is now necessary for the public uses of the District of Columbia; Therefore,

Be it enacted by the [lost] House of Representatives of the United States in Congress assembled, [lost] that portion of the original District of Columbia ceded to the United States of America by the State of Virginia and which was receded to the State of Virginia by the twenty-ninth Congress by an act approved July ninth, eighteen hundred and forty-six, except that portion lying within the boundary lines or corporate limits of the towns of Alexandria and Falls Church, be held under the exclusive legislation given Congress over the District of Columbia, which is the seat of the general government, for the purposes os such a seat, and all the rights and jurisdiction therewith be, and the same are hereby, forever bound unto the District in full and absolute right and jurisdiction as well as of soil as of persons residing or to reside therein.

Sec. 2. That the right of jurisdiction and sovereignty shall be exercised by the United States government for the purposes of the District of Columbia over that portion of said Alexandria county, State of Virginia, except that portion lying within the corporate limits of the towns of Alexandria and Falls Church on and after the first day of July, nineteen hundred and ten.

Sec. 3. That the President is hereby authorized and empowered to open negotiations with the State of Virginia, through the Secretary of War or such other officer or commissioner as he may deem necessary and proper, to comply with the provisions of this act; and, further, the President is authorized to pay over into the treasury of the State of Virginia such sum of money as may be mutually agreed upon by the President of the United States and the governor of the State of Virginia for relinquishing her sovereignty or jurisdictions over the said portion of Alexandria county to the District of Columbia.

Sec. 4. That if it be not possible to conclude negotiations with the State of Virginia prior to July first, nineteen hundred and ten, the sovereignty of the District of Columbia and the exclusive legislation by Congress, together with all the rights and jurisdiction of the same, as well as of persons as of soil, shall extend over Alexandria county as aforesaid, except that portion included within the corporate limits of the town of Alexandria and the town of Falls Church, on and after the first day of July, nineteen hundred and ten, and the negotiations fixing the amount of the award to be awarded to the State of Virginia may be completed and the money paid over into the treasury of the State of Virginia at some future time as may be agreed upon by the President of the United States and the governor of the State of Virginia.

Sec. 5. That in addition to any sum of money which may be paid into the treasury of the State of Virginia by the President of the United States as provided by this act Congress will assume and pay all the debts or any part thereof now due or outstanding against that portion of Alexandria county no included within the corporate limits of the towns of Alexandria and Falls Church at the time of the passage of this act.

Sec. 6. That so much money as may be needed to pay in full said outstanding debts or obligations against that portion of Alexandria county, Virginia, as aforesaid, is hereby appropriated our the United States treasury, out of any money not otherwise appropriated, to be paid when and as the same may become due and payable.

Sec. 7. That so much money as may be needed is hereby appropriated out of the United States treasury no otherwise appropriated, to carry out the provisions of this act, not exceeding one hundred thousand dollars.


This newspaper article was transcribed from a scan of the original newspaper article. The document was obtained from the Chronicling America newspaper collection 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.





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