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Some of Washington’s Grievances – NO VOTES, YET NO GRIEVANCE? Editorial by Theodore W. Noyes, Washington Evening Star, March 10, 1888
|| 2/9/2011 || 3:21 pm || + Render A Comment || ||

“When Theodore Noyes began the expression of such aspirations, he almost stood alone. His series of articles published in The Washington Star in February and March 1888, entitled “Some of Washington’s Grievances,” and particularly the fourth of the series [below], aroused considerable interest on the subject in the local civic groups. The fourth of the series, published March 10, 1888, bore the headline: “No Votes, Yet No Grievance? Washington Needs no Elective Franchise in Municipal Affairs, But Right to Vote for Representative, Senator and President.” Apparently the immediate effect was a letter by a civic leader, Appleton P. Clark, Sr. dated March 19, 1888, requesting Senator Henry W. Blair of New Hampshire to introduce in the Senate an enclosed draft of an amendment to the Constitution conferring representation in Congress and the electoral college upon the people of the District of Columbia. This appears to have been the first time that a proposed amendment for such purpose was presented in Congress.” — James Waldo Fawcett, pages 20-21, from the biographical sketch of Theodore W. Noyes in his posthumously published book “Our National Capital and its un-Americanized Americans” (1951).

scan of the book from the Library of Congress

Some of Washington’s Grievances


NO VOTES, YET NO GRIEVANCE?


Washington Needs no Elective Franchise in Municipal Affairs–No Repeal of "Exclusive Legislation" Clause–But Right to Vote for Representative, Senator, and President.


From the Washington Evening Star, March 10, 1888.
[via The National Capital – Newspaper Articles and Speeches Concerning the City of Washington by Theodore W. Noyes, 1893]


The idea of withdrawing from state power and the control of its residents a portion of territory to serve as the seat of government under the exclusive jurisdiction of the people of the whole Union, as represented by Congress, seems to have obtained a strong hold upon the minds of the founders of the Republic. Many desired to strengthen the notion of a Union by giving the general government an exclusive territory, a center of federal action, controlled by it alone. State jealousies had some influence in the matter. The jurisdiction of any one state over the seat of government would, it was thought, give that state, to some extent, control over the general government itself. Exclusive jurisdiction and the power to call out the militia would also, it was considered, enable Congress to protect itself in case of riot or other disturbance. The fact, now worn threadbare by constant allusion, was remembered, that Congress, while meeting at Philadelphia, October 21, 1783 [actually June 21st, 1783], had been insulted and forced to adjourn to Princeton. The opposition to the plan of giving Congress exclusive jurisdiction over the seat of government seems to have been feeble. No debate upon the clause is reported to have taken place in the Constitutional convention. Objection was made in the Virginia ratifying convention that the District might become an asylum for political criminals or violators of states’ rights. But the clause was adopted without much opposition. By its terms Congress was given the power of exclusive legislation in all cases whatsoever over this national territory. The legislature of the Union has an authority over the District incompatible with the exercise of the full elective franchise by its citizens. Without an amendment to the Constitution Washington can never vote for President or Senator or Representative. If there is a political grievance, the Constitution is responsible. The city’s complaint against Congress is not that it has deprived residents of the right to vote, but that it has failed to take this disability sufficiently into consideration in its treatment of the city. If the United States had attempted to assume no particular control over the capital, and the seat of government as a city of Maryland had legislated for itself, and had improved and developed itself only in proportion to the means of its citizens, then the indifference of Congress, and the frantic efforts of legislators to avoid a few hours’ consideration of its affairs might have some ground of justification. But Washington protests against the application of a theory and practice which, in combination, have denied it the privileges while burdening it largely with the responsibilities of independence.

In the performance of its duties as guardian of the capital’s welfare, four courses are open to Congress. First, it may leave the relations between the District and the general government unchanged, but give more time and consideration to the capital and its affairs, remodeling its laws in accordance with the wishes of its citizens and providing liberally for the improvement of its appearance, for its general development and for its relief from the heavy debt inequitably imposed upon it. Congressmen should look upon themselves as the representatives of a national district as well as of their own local districts. It should be remembered that the so-called congressional appropriations for the capital’s ordinary expenses are not gifts or beggar’s alms, but merely a disbursement of the District revenues, one-half coming from individual tax-paying citizens, the remainder from the United States as the untaxed holder of one-half of all Washington property, and much should be done by the government beyond the contribution of this quota. If the capital is to be deprived of privileges which would belong to it as the city of its citizens, it should be made worthy of admiration as the city of the United States, representing in miniature its growth in population, wealth and power.

UNLIMITED ELECTIVE FRANCHISE IN MUNICIPAL CONCERNS.

Secondly, Congress may give to the District local sovereignty and the elective franchise to the limited extent which the Constitution will permit. It has been urged by many that Congress has the ability to delegate its power of general legislation; that the exercise of exclusive authority does not forbid a choice of agencies; that the government provided for the District should be assimilated to the theory of republican institutions; and that the natural right of men to govern themselves should be recognized as far as that is possible. And to show that it was never intended by the framers of the Constitution to deprive any portion of the people of the United States of local representative government, the words of Madison in the 43d number of the Federalist are quoted. The other side of the question has been argued with equal ability, and the Supreme Court of the District of Columbia have adopted it. In Roach et al. vs. Van Riswick (Washington Law Reporter, November 10, 1879), it was decided that Congress has no capacity under the Constitution to delegate its delegated powers by bestowing general legislative authority upon the local government of the District, and an act of the so-called legislative assembly of the District, upon which the suit was brought, was declared inoperative and void. For the present, then, in the absence of an overruling decision by the Supreme Court of the United States, such a delegation of power is unconstitutional, and only the unsatisfactory privileges of a municipal corporation can be conferred. But experience has taught that if the decision in Roach against Van Riswick were reversed, and if the most extensive powers of voting were bestowed, which any reasonable construction of the Constitution can grant, the gift would be not merely valueless, but objectionable. The judiciary committee of the House of Representatives, in a report made June 1, 1874, stated the following truths: "In a strict legal sense there can be said to be no such thing as a local government of the District of Columbia, for there can be no government within the District independent of that of the federal government, and whatever local authority there may be now existing, or which may hereafter be set up within the District, it can only be regarded legally as an agency of the federal government, and whatever authority this local government may exercise, it must be regarded as the act of the United States through their delegated representative." The District legislature would in any event act under the restrictions suggested by these words. Its general laws would be mere petitions, void without the assent, express or implied, of Congress. A delegate without a vote has little weight in a "log-rolling" body like the House of Representatives. The other officers would be petty town officials, and a voice would still be denied the city in the choice of the executive and legislative officers of the nation. In short, the exercise of suffrage thus limited would be an expensive farce. Without representation suffrage is of no value; and, shut out from the bodies which make its laws and impose taxes upon it, representation of the District under the Constitution in its present shape can be only a sham.

It is extremely doubtful whether popular suffrage is desirable in the choice of those who are intrusted with purely municipal functions, even in cities where its adoption is not opposed by the peculiar objections which confront it in its application to the affairs of Washington. Experience and observation do not teach that a municipality which is reasonably well-governed will display wisdom by demanding a change of system in order to assimilate itself to ordinary American cities. The latter are notoriously misgoverned. Incompetent and dishonest officials have been too often chosen in partisan contests, immense municipal debts have been contracted, and excessive taxation has been imposed. Statistics show that while state indebtedness has decreased between the last two censuses, municipal indebtedness has vastly increased, far more rapidly than population and valuation, and its amount in American municipalities is now estimated at a billion dollars. The deplorable financial condition of so many of our large cities is due, in the main, to unlimited popular suffrage, which has given to non-taxpaying, irresponsible voters

THE POWER TO EXPEND, EXTRAVAGANTLY AND CORRUPTLY,

the money supplied by tax-payers. It has placed the contributors and non-contributors to a fund upon an equal footing in the matter of deciding how and by whom the fund shall be disbursed. It has enabled the latter, under the guise of taxation, to make a division of the contributions of the former. It has legalized the virtual confiscation of accumulated wealth by aggregated paupers. Under its workings, robbers at the head of organized bands of destitute and desperate followers, have been permitted to seize, through mere force of numbers, the purse of more than one city, and to spend its contents at pleasure. The intolerable misgoverment of many American cities has not only caused the suggestion of such schemes of reform as the limitation of suffrage to tax-payers, and minority representation, but it has led even to the bold proposition that all power of self-government be withdrawn from these municipalities, and that the management of their affairs be intrusted to the state legislature–a plan which, if adopted, would place them in respect to their internal administration in a condition similar to that of Washington. In theory the powers exercised by the officers of cities are by delegation from the people of the whole state, in whom the ultimate sovereignty, as modified by the Constitution of the United States, resides. In New York, from 1777 to 1821, the officers of municipal corporations were appointed by the governor and four senators chosen every year by four subdivisions of the assembly. Instances of the intervention of the state government into the affairs of cities, amounting in some cases to indirect disfranchisement, have not been lacking in later years. There are serious objections, however, to the plan of granting exclusive control over cities to the state government, and it is not likely that the proposition can muster many advocates. But the mere fact that the suggestion has been made indicates that the evils which our municipalities endure are so great that the condition of Washington is viewed by some as preferable. The capital may well hesitate before it demands a privilege which its possessors are eager to resign, before it seeks to bind upon its own shoulders the burden of which other cities are making desperate efforts to relieve themselves, before it asks, as a boon, the main source of municipal woes. If the doctrine were generally accepted that universal suffrage is demanded by republican principles only in the choice of those officers who exercise purely governmental functions, and not in the selection of agents by municipal corporations to perform duties affecting private property interests, and if Congress might be depended upon to grant to the tax-payers of the District the financial administration of the capital, some of the objections against an elective system would be removed. But there is no probability of such action by Congress. The same spirit which would force republican forms of government to be observed in the District, though republican rights are not granted therewith, would deny a property qualification for voters. The municipal affairs of the city are now managed by a Commission appointed by the President, and compared with the manner and cost of the performance of similar duties in other cities the work is well and cheaply done. If this method of government should be abandoned, and the universal-suffrage system adopted, there is no reason to believe that Washington would escape the maladministration which prevails in other large cities. The conditions which cause popular suffrage to be baneful in the latter exist to a considerable degree at the capital, and in one or two respects
WASHINGTON HAS ADDITIONAL DISADVANTAGES

with which to contend. The character of the voting population of the city, though it would not be a proper ground of objection if it were proposed to invest the residents of the District with the full rights of American citizenship, may be noted when the evils of suffrage are offered without its substantial benefits. About one-third of the inhabitants of Washington are colored, and this number includes thousands of the worst as well as the best specimens of the race. In addition to the permanent colored element an army of recruits would be attracted by elections to the city from the farms of Maryland and Virginia, to be used as voting material by political "bosses," and to be supported as loafers, partly by the wages of politics, partly by charity and partly by jail nourishment. The floating population of non-tax-payers will always be large at the capital, where office-seekers most do congregate, but with the accessions that elections bring the solid citizens would almost certainly be overwhelmed.

An objectionable result of the choice by general vote of minor officers only, with insignificant powers, is the small-bore politician developed by small-bore elections. In the states the politician may hope to rise, step by step, to the governorship of a wealthy, populous and powerful community, to a seat in the national legislature, or to the presidency. In Washington he must confine himself to petty affairs and limit himself by petty ambitions; and, naturally, few able and upright men would be tempted by the prospect.

The commission government, which a sham representative system would displace, has the advantage of bringing the United States and the national capital into those close relations which were anticipated in the plans of our forefathers. The members of the commission are appointed by the President, to whom they report, and the nominations of two of them are approved by the Senate. The Treasurer of the United States is treasurer of the District. Congress alone is responsible for all general legislation. The true relations of Washington to the general government are thus suggested at every turn. If the city were permitted to elect local officers and pass local laws it would remove itself to that extent from national consideration, members of Congress would be permitted fewer opportunities of learning their full responsibilities in respect to the nation’s ward, while the privilege gained would have no compensating advantage.

It is true that commission governments are not unobjectionable, but it is believed that the most serious of their evils may be avoided more readily than those of the alternative system. Among the possible dangers of such a government for Washington are two that are prominent: First, that the executive may appoint as commissioners, not bona fide citizens of the District, interested in its welfare alone, but his own favorites, on the score of personal friendship, or as a reward for political services. Secondly, that such commissioners, when appointed, will use the minor positions under their control as similar political rewards to aid the party or the political "boss" in whose interests they have been given office. If the city’s government is ever debased into a mere political machine, a death blow will be given to the interests of the District. The capital is the ward, not of a party, but of a nation; it requires the friendly legislation of both parties; and to obtain such legislation its government must be non-partisan. The affairs of Washington are in certain respects confided to the President and commissioners appointed by him as trustees. If President or commissioner takes advantage of this position to benefit himself, or a clique, or a political party, and is not influenced solely by a consideration of the interests confided to his protection a sacred trust is betrayed.

Thirdly, Congress may propose an amendment to the Constitution

EXTINGUISHING ITS OWN POWER OF EXCLUSIVE LEGISLATION

and placing the residents of the District upon the same footing in regard to all elections as the citizens of the several states. The prosperity of Washington as the national capital would be endangered by the grant of local sovereignty to its citizens. Even if the nation might be induced to surrender the control of its property interests in the District entirely to the residents, which is hardly conceivable, it would not be willing to pay one-half of the expenses of the capital with no power of management in respect to its affairs, and with not even a voice in its government. But it is absolutely essential to the welfare of the city that its present financial relations to the United States shall be preserved. The manner of Washington’s development renders it utterly unable to meet, unassisted, the expense of sustaining itself as a magnificent national capital. What was said in 1878, when the question was whether the government should pay a fixed proportion of District expenses, might be repeated if under any circumstances the attempt were made to withdraw the support then provided: "As in the beginning the federal city was without population or resources to which its founders could look for its development and improvement, so also at the present time it is wholly without the means either in property, commerce or manufactures, to meet the enormous outlays which the magnificence of the plan requires. One-half of its property, and the best half, is owned by the United States, and pays no taxes, and the other half is mortgaged for one-fourth of its value by a debt contracted in exhausting and paralyzing efforts to make it what its patriotic founders designed it to be–a national capital, worthy of the name it bears." If deprivation of suffrage is the only condition upon which citizens of the District are partially relieved from their heavy burdens, they evidently prefer to remain "political slaves" rather than become bankrupt freemen.

The arguments, already recited, which led to the establishment of an exclusively national district must also be weighed when it is attempted to reverse the decision then made.

The sentiment which identifies the fate of the Union with that of the capital should not be disregarded. Washington has planted the roots of its existence and prosperity in the spirit of American nationality. It has flourished in proportion as this spirit has been strong. The grand designs respecting it were neglected by those, not its enemies, who resented the substantial embodiment of a power superior to that of the state. It again revived when civil war developed the patriotic national sentiment, and Americans learned that the Union is a substantial something to love, to live for, and to die for. The bloodshed of the Revolution gave birth to the spirit of nationality and created the city; the bloodshed of the civil war revived the spirit and regenerated the city. The imagination may conceive that the soul of the Union is enshrined in this exclusive territory, and that if ever its peculiar existence shall be extinguished the event will be a forerunner of the dissolution of the Union.

Fourthly, retaining exclusive jurisdiction, Congress may propose

A CONSTITUTIONAL AMENDMENT GIVING THE DISTRICT REPRESENTATION

in the bodies which legislate for it and tax it, a voice as to the President, who is to appoint the commissioners to manage its local affairs, and, in general, except as to the privilege of choosing town or county officers, to place the residents of the District upon the same footing as the citizens of the several states.

A minor discrimination against inhabitants of the capital which needs to be thus remedied is that which denies them the right of bringing suits in the federal courts in those cases where the privilege is given to the citizens of a state, and which puts them before the national judiciary in a less favorable attitude than that of aliens. (Hepburn vs. Ellzey, 2 Cranch., 445.)

While the District is not a state, and while its citizens, in addition to the denial of the benefits of the federal courts, are forbidden representation, it is subject to direct federal taxation, although the Constitution says that "representatives and direct taxes shall be apportioned among the several states of the Union according to their respective numbers." These words are held to furnish merely a rule of apportionment, and not to limit the power of taxation. (Loughborough vs. Blake, 5 Wheaton, 317.) The District paid its proportion, some $50,000, of the twenty-million direct tax of August 6, 1861, the last of the four direct taxes. It has also paid into the national treasury from the commencement of the excise-tax law in 1862 $6,454,907.03, a larger amount than that derived from Alabama, Arkansas, Maine, Mississippi, Nevada, South Carolina or Vermont. "Taxation without representation" thus prevails at the capital. It is alleged, in justification, that the District (when nearly uninhabited) voluntarily resigned its right of distinct representation, and irrevocably adopted the whole body of Congress (including its bitter enemies and its lukewarm friends) as the representatives of its interests. Washington was in existence only a few months when its residents began to bemoan their prospective disfranchisement, their exclusion from participation in national elections. In a pamphlet concerning the "government of the territory of Columbia," published in 1801 by A. B. Woodward, it is said: "This body of people is as much entitled to the enjoyment of the rights of citizenship as any other part of the people of the United States. There can exist no necessity for their disfranchisement, no necessity for them to repose on the mere generosity of their countrymen to be protected from tyranny; to mere spontaneous attention for the regulation of their interests. They are entitled to a participation in the general councils on the principles of equity and reciprocity." From the beginning of the century, too, members of Congress who have viewed the condition of the capital with other emotions than that of indifference have either "felt their hearts bleed" over the enslaved condition of the people, or have denounced the disfranchised as selling their republican birthright for a mess of pottage. In a debate in the House, December, 1800, Representative Smilie said: "Not a man in the District would be represented in the government, whereas every man who contributed to the support of a government ought to be represented in it; otherwise his natural rights were subverted and he was left not a citizen but a slave. It was a right which this country, when under subjection to Great Britain, thought worth making a resolute struggle for, and evinced a determination to perish rather than not enjoy." In 1803 the "unrepublican" condition of the District was again a matter of comment, and it was proposed to recede to Maryland and Virginia jurisdiction over the parts of the District originally ceded by them. John Randolph, Jr., in February of that year, said in the House: "I could wish, indeed, to see the people within this District restored to their rights. This species of government is an experiment how far freeman can be reconciled to live without rights; an experiment dangerous to the liberties of these states. But inasmuch as it had been already made, inasmuch as I was not accessory to it, and as at some future time its deleterious effects may be arrested, I am disposed to vote against the resolution." A proposition to recede the territory of Columbia outside of the limits of Washington, caused Representative Clark to say, in 1805, that he spoke of the inhabitants whenever he had occasion to allude to them with pity and compassion, and he most devoutly wished to see them placed in a condition more congenial to his own feelings, and the feelings of every true lover of civil and political freedom. Alexandria was retroceded in 1846, her "galling disfranchisement" being referred to in debate. Georgetown had sought retrocession in 1838, but unsuccessfully.

Many of those who favored the exclusive jurisdiction of Congress over the District on the same grounds that caused such a District to be established were yet

PREPARED TO AMEND THE CONSTITUTION

when the proper time should come, in order to give the people of the capital a representation in Congress, the body which, in theory, constitutes their legislature. As early as December, 1800, Representative Dennis said: "If it should be necessary the constitution might be so altered as to give them a delegate to the general legislature when their numbers should become sufficient." A territorial delegate, which did not then exist, could not have been intended. The time suggested by Mr. Dennis seems to have now arrived. The difficulty of providing Congressional representation for an isolated collection of people, insufficiently numerous in themselves to be entitled to a representative, is no longer to be met. The population of the District is increasing with extraordinary rapidity. In 1880 it numbered 177,638, and in 1885, 203,459. The census of 1880 was the first enumeration which showed it to have acquired a population that would entitle it to ask admission as a state if it were upon the footing of an ordinary territory. The number of persons to be represented by each member of the House of Representatives is, according to the last apportionment, about 152,000. The House committee on territories reports in favor of granting representation to Montana, which, it thinks, will have 170,000 population next November; to Washington territory, which is expected to contain 160,000 people at that time, and to New Mexico, which had 134,131 persons in 1885. One representative in the House and one, at least, in the Senate, should be granted the District. This arrangement is found to be equitable when the population and growth of the several states are considered. The District, by the showing of the census of 1880, already surpassed in point of numbers Nevada (62,265), Delaware (146,654), and Oregon (174,767); and the advantage over Delaware and Nevada is likely to be retained. In addition to these three states, Colorado (194,649), Florida (267,351), Rhode Island (276,351), Vermont (332,286) and New Hampshire (346,984), had less than double the District’s population, making the assignment of one Senator to the latter equitable.

In view of the comparative rate of increase and other considerations, the District is likely to be found in the future ahead of New Hampshire, Rhode Island, Delaware, and, perhaps, Connecticut, of the original states, and Vermont and Nevada of the new states.

The adoption of the fourth plan by Congress would be a compromise between granting only local, qualified suffrage, which is highly objectionable to the District, and consenting to absolute self-government, which involves a surrender of national control over the capital, and to which the United States, as the owner of one-half the city, and the virtual payer of one-half its taxes, would never consent. The wisdom of this course is sustained by all the arguments which go to show that the constitutional power of "exclusive legislation" by Congress should not be hastily yielded, and also by those which maintain that taxation without representation and inequality of citizens before the law should not be allowed to exist. The District would be placed in certain respects on a level with the states. Taxed like them, it would have like them a voice in the disposition of the general taxes. It would not, however, stand upon precisely the same footing with them, for the states are subordinated to the general government only in certain defined particulars, whereas the District would be subordinate in all respects. This inferiority would be indicated, it has been suggested, by giving the District

ONE INSTEAD OF TWO SENATORS

and by a corresponding reduction in its electoral vote. Enjoying representation in Congress and participation in the choice of the President, who appoints its local officers, Washington would resemble in its municipal government a city which, after voting for the governor and legislature of a state, is managed by a commission appointed by the former and approved by the latter. Under this fourth plan the suggestions made in respect to the duty of members of Congress as the exclusive legislators for the capital would still be applicable; the present financial arrangements between the District and the general government would be maintained; the expensive transportation of office-holding voters to the states from Maine to Florida and from New York to California would, after the abolition of the office-apportionment system, be avoided; the rights of residents of the District as American citizens would be recognized in a manner which would inflict the smallest possible injury upon the interests of the city as capital of the United States, and this spot of national territority with all its patriotic associations would be preserved to the Union.

If at the time of giving the District the substantial representation suggested it should also be decided that Congress can manage the minor concerns of the District more satisfactorily by modifying in details the present form of municipal government, such changes may then be conveniently made. But every alteration should be based upon a full recognition, first of the absolute necessity of a retention by the general government of such representation in and control of the management of city affairs as will enable it to protect its vast interests here; second, of the frightful warning from the experience of other large cities against recourse to unlimited popular suffrage as a factor in the decision of purely municipal and financial matters; and, third, of the vital importance to the District that its local government shall be non-partisan.

It is conceded that the best method by which Congress can regulate the capital as a city may vary somewhat in details, with altering circumstances, but there is no urgent, present necessity for a change in this respect. The more important question is, Shall not the people of the District, who now largely exceed the number of persons represented by each member of the House, be

ADMITTED TO THE UNION

as citizens of a quasi-state, and be granted representation in the national legislature, and the privilege of voting for President? Without disputing for the present the proposition, proved absurd by experience, that they do not need, as citizens of the District, distinct representation in Congress as a local legislature because they are represented in that capacity by all Senators and Representatives, do they not, as citizens of the United States, assembled in sufficient numbers in a limited space and paying national taxes, require representation in the body which imposes and disburses these taxes?

The people of Washington do not wish an unlimited elective franchise in municipal concerns or a repeal of the "exclusive-legislation" clause, with a change of the financial relations between the city and the United States, and many of them, in view of the dangers to be faced in the discussion by Congress of changes of any description in the present government, will continue to favor the first or do-nothing policy on the part of Congress, which was unquestionably wisest as long as the fixed population of the District, not in government employ, was insufficient to entitle it to a representative in Congress, and which is still wisest so far as the municipal government is concerned. These citizens will doubtless for the reason suggested hesitate to ask the additional fights to be secured by this constitutional amendment. But while the asking and granting of these fights may be in various ways reasonably delayed, they can not be indefinitely postponed. Though representation in their national and local legislature, which alone makes laws for them and taxes them, and may send every man of them to war to be wounded or killed, be denied to the 225,000 District residents of the present, will the same denial be given to the half million of the near future, or to the prospective million toward which figure as a goal the District’s population is pressing?


This newspaper article was obtained from the The Capital and the Bay: Narratives of Washington and the Chesapeake Bay Region, ca. 1600-1925. It is being republished here in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



District of Columbia Suffrage Bill – The President’s Veto — The New York Times, January 8, 1867
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The argument with which President Johnson supports his veto of the District of Columbia Suffrage Bill will not convert Congress or the country to his views. His denial of the right of Congress to legislate for the District is so flatly opposed to the terms of the Constitution, and the ground upon which aid for District projects has always been invoked, that it amounts to little. The provision of the Constitution empowering Congress to “exercise exclusive legislation in all cases whatsoever” over the District, and the fact that its citizens have never claimed the rights which the President now asserts in their behalf, are conclusive against him. The plea that the citizens of the District possess, “as an organized community, the same popular rights as the inhabitants of a State or Territory,” is sustained neither by theory nor usage. Congress has, indeed, conceded certain municipal privileges; but its power to legislate in all matters pertaining to the District has not been disputed by people or President until now.

Certain it is that this message will not induce the surrender by Congress of the authority under which it regulates the suffrage in the Federal District. The right by which it legislates for the District on the other questions embraces the right to legislate on this question, with exclusive reference to the wishes and requirements of the States represented in the Capitol. And nothing is more clear than the fact that the States whose verdict has recently been pronounced are in favor of solving in the District, experimentally, one of the many problems which grow out of the altered relations of the colored people. The pending Constitutional Amendment indirectly encourages the enfranchisement of the freedmen in every State, North and South. It diminishes everywhere the basis of representation to the extent of the number of those who are excluded from the franchise because of race or color; so affirming, indirectly, the principle of impartial suffrage, while recognizing the absolute right of each State to determine the standard of suffrage for itself. What more proper than that the application of the principle should begin in the District whose public concerns are specially subject to the control of Congress?

The president dwells upon the opposition of the majority of the white residents in the District to any scheme of negro enfranchisement. This opposition, however, has never assumed the form of a denial of the Congressional right to legislate in the premises. They are too conscious of the substantial benefits accrue continually from the guardianship of Congress, to impugn its authority in the matter of the franchise. As for the rest, Congress is the judge of what is proper and expedient. And nothing could be more obviously proper than that the Congress which has decreed the civil status of the negro should also affirm his political equality as a citizen, so far as it is subject to the national legislation. In affirming this, Congress simply obeys the will of the majority of the American people, whose utterances the President continues to disregard.

There may be room for doubt as to the expediency of acting on the principle of universal enfranchisement. We should have preferred the application of some test of fitness, whether intelligence or property or taxation, to be enforced alike against black and white. So that the right to vote be shared impartially, irrespective of color, the great point would seem to be gained. Congress has thought differently, however; and as between universal suffrage and the entire exclusion of the freedmen because of color, the Republican Party cannot hesitate in its choice.

The President quotes from MADISON, JEFFERSON, STORY AND KENT in support of his course. But the citations from the writings of these eminent men really have no direct bearing upon the point at issue. They vindicate the value of the veto power and the right of the Executive to exert it; but as neither is disputed the appositeness of the passages reproduced is not very apparent.

The right to veto is as valid as the right of Congress to pass the bill over the veto, and no more so. The debatable part of the question relates to the arguments by which the position of each is upheld. And we apprehend that in this case the popular judgment will be on the side of Congress, and against the President.


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



An Appeal To The Americanism of Visiting Governors & Mayors – The Washington Times, March 4, 1919
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As previously mentioned, this advertisement was published in every newspaper in the District of Columbia on Tuesday, March 4th, 1919.


 An Appeal To The Americanism of Visiting Governors & Mayors - The Washington Times, March 4, 1919

TEXT:

An Appeal To The Americanism
Of the Visiting
Governors & Mayors

400,000 residents of the District of Columbia pay Federal taxes, obey Federal laws, go to war to defend the Federal government! But these 400,000 have no representation in Congress, no Presidential vote.

Will you help us effect the Constitutional Amendment, which will give us this right, to which we, as American citizens, are entitled?

“Taxation Without Representation Is Tyranny!”

This appeal is made by men of the District of Columbia, men deeply interested in its Americanization.


This newspaper advertisement is from a scan of the original newspaper 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 D.C. Statehood Vote – The Washington Post, November 20th, 1993
|| 10/14/2009 || 10:28 am || + Render A Comment || ||

The D.C. Statehood Vote

The Washington Post, November 20th, 1993

Today the House of Representatives begins debate on whether the District of Columbia should become a state. The deliberation is historic, as will be the vote expected to follow this weekend. The issue is not the fate of statehood legislation this year: Supporters concede they have little chance of winning. It is whether a lopsided defeat will ultimately cost or break political ground for statehood. D.C. Delegate Eleanor Holmes Norton contends that even in defeat, a vote `would give the undemocratic treatment of the District the serious national attention it would never attract in any other way.’ If that is the outcome, the statehood debate will be a milestone.

There is, after all, a historic wrong to be set right. The tax-paying, war-fighting citizens of the District, unlike citizens in the 50 states, have no control over their own governmental affairs. As residents of the nation’s capital, they are denied voting representation in the Congress, final word on the budgets and laws they enact, the ability to appoint their own prosecutors and judges and the ability to work out reciprocal taxing arrangements with neighboring jurisdictions. They are at all times subject to the whims of Congress.

We had hoped a way could be found for citizens here to enjoy the full political participation that is their due and still have their city remain the seat of the national government. But the defeat of a proposed constitutional amendment that would have given the District full congressional representation, and congressional inaction on other political reforms, made that outcome impossible. It became apparent that these goals could only be achieved in the context of statehood–but statehood that fulfilled certain clearly understood conditions.

As we said earlier this year, there are critical issues to be faced to make statehood feasible and desirable. We refer to a prenegotiated agreement or understanding with suburban representatives for a limited commuter tax, resolution of the congressionally created unfunded pension liability problem that threatens the District’s financial solvency and a predictable, stable and guaranteed payment to the new state.

Of the three issues, today’s statehood proposal addresses only the payment question. It eliminates the federal payment and replaces it with a payment in lieu of taxes arrangement that mirrors the funding scheme for other states with federal property within their borders. The merits of that alternative, as well as Congress’s role in addressing the other issues that could threaten the new state’s fragile viability, ought to receive a thorough airing this weekend. If a consensus can be reached on how best to approach those outstanding issues, this unprecedented debate, whatever the vote, will take statehood to a new and better place.


This newspaper article was obtained from the Congressional Record in the Library of Congress related to H.R. 51, The New Columbia Admission Act of 1993. The article is not in the public domain but is being republished here under the fair use doctrine of U.S. copyright law in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



Tax Fairness for D.C. – The New York Times, October 30th, 1993
|| 10/13/2009 || 10:20 am || + Render A Comment || ||

Tax Fairness for D.C.

The New York Times, October 30th, 1993

With a population of nearly 600,000, the District of Columbia has more people than Vermont, Wyoming or Alaska. Yet its Mayor and City Council have limited power. And the District is denied a voting representative in the same Congress that rules on its affairs.

The colonial character of this arrangement was underscored this week when Congress voted on the Washington D.C. budget, and grandstanding politicians from other places tried to deny its citizens the right to spend their own money as they see fit.

The District’s budget totaled $3.7 billion. The $3 billion came from District citizens in taxes; all but a tiny fraction of the rest is what the Federal Government pays for occupying 41 percent of the District’s land, on which it pays no taxes. The Federal payment is a miserly sum, given that the Government presence costs the District $2 billion a year in lost tax revenues.

Still, many in government see the District as a pawn in a political game. George Bush once vetoed the city budget, forcing the District to ban the use of even locally raised tax revenues to furnish abortions for impoverished women. C-Span’s broadcast of the District’s budget vote showed the latest act in this political amateur hour.

Representative Dan Burton, Republican of Indiana, seemed not to have read the budget bill but that didn’t deter him. He questioned the salaries of the District’s City Council members, and condemned District voters who chose to return the former Mayor to office as a Councilman. He picked out random lines in the budget and asked the sponsors to explain them. This nitpicking came at the end of a tortuous 18-month process that the District suffers to get its budget.

Congress as usual? Perhaps. But imagine yourself a citizen of the District, with no voting representative in Congress, watching as Congressmen questioned not just the vote you had cast in your city, but your entitlement to tax dollars that you had paid to local government for local use. How angry would you be?

Mr. Burton rationalized his antics by contending that Federal tax dollars were at stake. But the bulk of the budget is D.C. tax money. The Federal payment that makes up the rest is rent, and skimpy rent at that. Congress oversteps in trying to control how its bargain-basement rent is spent. Mr. Burton was performing for the people back home. But what people in Indiana need to see is that their Congressman is trampling on the rights of citizens just like them, all for a little time on camera. No wonder Congress was besieged by District demonstrators agitating for statehood.

It’s hypocrisy that America champions democracy abroad while refusing fair political treatment to the citizens of its own capital.


This newspaper article was obtained from the Congressional Record in the Library of Congress related to H.R. 51, The New Columbia Admission Act of 1993. The article is not in the public domain but is being republished here under the fair use doctrine of U.S. copyright law in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



D.C. Statehood – The Washington Post, January 13th, 1993
|| 10/12/2009 || 10:13 am || + Render A Comment || ||

D.C. Statehood

The Washington Post, January 13th, 1993

It is time to right a great historic wrong. Since 1800, the residents of Washington, D.C., have been the only tax paying U.S. citizens denied representation in Congress. With the election of Bill Clinton, it has become politically possible to give them the status that is their due. We believe now is the time to begin defining and then putting in place an arrangement that puts District residents on an equal footing with all Americans.

It has long been our preference to have this city remain the seat of the national government with increased municipal powers, which, taken as whole, would give residents the same democratic rights enjoyed by other citizens. The goals have included full voting representation in the House and the Senate, complete independence from Congress on budget and legislative matters, control over the local court system including the appointment of judges, an automatic and predictable federal payment formula and the ability to negotiate reciprocal income tax arrangements with neighboring jurisdictions. Achieving each, as a strategy was far more important than what the final package ended up being called. As a step toward that end, Congress passed a proposed constitutional amendment 15 years ago that would have given the city full congressional representation. Only 16 of the required 38 states ratified the proposal, mostly for partisan reasons. Republican lawmakers wanted no more democrats in Congress (and, as some suspect, many legislators wanted no more blacks there as well). The only achievable alternative, if citizens here are to enjoy the full political participation that is there due, is statehood.

Denying District residents the right to send people to Congress who can vote on taxes or decide questions of war and peace while at the same time expecting them to shoulder the burdens of citizenship–including the obligation to pay taxes and to fight and die for their country–is wrong. Forcing local officials to perform their duties under today’s restrictive conditions is no better.

Congress at its whim passes laws regulating purely local matters, including the spending of local tax money. Even the city’s own elected delegate to the House of Representatives can’t vote on final passage of any legislation, including District-only matters.

Statehood opponents argue that the voteless status of the District descends directly form the intent of the Framers of the Constitution-from Washington, Madison and their peers. True, the constitution calls for a federal district (and the statehood proposal allows for one, leaving the `federal seat of government’ to consist of the mall, monuments and principal U.S. government buildings). At the same time the government of the United States moved here in 1800, the largest city, New York, had a population of little more than 60,000. What would Washington and Madison say about a voteless city 10 times larger than that? We know what they said in 1776 in behalf of a colonist population only four times larger that today’s Washington, D.C. They wanted to be among those who governed themselves. So do the citizens of Washington today.


This newspaper article was obtained from the Congressional Record in the Library of Congress related to H.R. 51, The New Columbia Admission Act of 1993. The article is not in the public domain but is being republished here under the fair use doctrine of U.S. copyright law in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



Statehood for the District of Columbia – The Boston Globe, December 2nd, 1992
|| 10/11/2009 || 10:04 am || + Render A Comment || ||

Statehood for the District of Columbia

The Boston Globe, December 2nd, 1992

It has a larger population than three states and is nearly as large as three more. Its citizens pay among the highest federal income taxes in all states. It has no power to tax those who work within its borders but take their pay home to states with which it has no reciprocal tax agreements. It is subject to the legislative-decisions of a body on which it has no voting representation.

It is the nation’s capital, and its citizens want and deserve a better break, one possible only through direct participation in federal government. As the most outspoken champion of statehood for Washington, D.C., Rev. Jesse Jackson plans to hold President-elect Clinton to his promise to make it a state, because only with that status can the district end the worst anomalies of its politically segregated condition.

When the Constitution provided for a federal district, it assigned full legislative control to Congress when few envisioned the capital becoming a major city with a population larger than that of any state at the time.

Congress has long kept the city in a degree of thralldom that suited the convenience of representatives and senators, who legislate matters as trivial as taxicab rules. The problem was exacerbated by longtime bigotry against the city’s large black population from a Congress often dominated by members from the Old South.

Congress has partly acknowledged the inequity by granting citizens of the district a nonvoting member of the House and by allowing D.C. residents to vote in presidential elections. The district has three electoral votes–exactly what it would have if it were a full-fledged state with two senators and a member of the House.

The political question of D.C. statehood has been complicated by its predominantly Democratic voter registration, making the matter unpalatable for Republicans when the balance of power could hinge on just a few votes. That is a weak excuse for perpetuating political inequity in a country launched on a cry of `no taxation without representation.’ Make the district a state.


This newspaper article was obtained from the Congressional Record in the Library of Congress related to H.R. 51, The New Columbia Admission Act of 1993. The article is not in the public domain but is being republished here under the fair use doctrine of U.S. copyright law in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



The State of Misgovernment – The New York Times, July 21st, 1992
|| 10/10/2009 || 9:58 am || + Render A Comment || ||

The State of Misgovernment

The New York Times, July 21st, 1992

Representative Eleanor Holmes Norton’s speech to the Democratic Convention gave fresh evidence of how the Federal Government treats Washington, D.C.: like a plantation.

The District’s elected officials have only token power. They can’t pass a budget or even reschedule garbage collection without groveling before Congress. The District has 608,000 people, more than Alaska, Wyoming or Vermont. Yet Representative Norton is denied a vote in the Congress that runs her city. As she told the Democrats, `It is too late in the century for Americans to accept colonial rule at the very seat of government.’

The remedy is to admit the District as the 51st state, as called for in the Democratic platform. Congress can do its part by passing the New Columbia Statehood Admission Act, which Ms. Norton introduced more than a year ago.

The hardships the District of Columbia endures are evident in the annual budget process. Congress can prevent the District from spending even locally raised revenues in ways that citizens see fit. During budget hearings, members of Congress grandstand on municipal issues and meddle with the city’s finances on behalf of special interests. Extortionate threats to hold up budget passage are common.

The need for autonomy was highlighted in a recent encounter between Mayor Sharon Pratt Kelly and Representative Thomas J. Bliley of Virginia, the ranking Republican on the House committee that supervises the District. Mr. Bliley berated Mayor Kelly for what he said was foot-dragging on crime.

He is in no position to criticize. He is currently in court challenging a District law intended to reduce the number of weapons on the streets. The law imposes `strict liability’ for semiautomatic rifles and pistols, allowing victims to recover damages from manufacturers and dealers even though they had nothing to do with gun crimes.

Assault weapons are sold legally in Mr. Bliley’s state. And Virginia is a main source of origin for guns confiscated in the District. Mr. Bliley forced the District’s City Council to repeal the law by threatening to block Federal aid. When voters reinstated the law, Mr. Bliley brought his suit. The suit was dismissed; Mr. Bliley has appealed. In essence, this suit argues that Congress’s control supersedes the right to self-government.

The citizens of Washington, D.C., deserve relief from this kind of imperial arrogance. Statehood is the way to provide it.


This newspaper article was obtained from the Congressional Record in the Library of Congress related to H.R. 51, The New Columbia Admission Act of 1993. The article is not in the public domain but is being republished here under the fair use doctrine of U.S. copyright law in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



Grant D.C. Residents Full Rights – The Oregonian, April 15th, 1992
|| 10/9/2009 || 9:54 am || + Render A Comment || ||

Grant D.C. Residents Full Rights

The Oregonian, April 15th, 1992

Congress can right an old and grievous wrong in coming weeks. It should pass the District of Columbia statehood bill to grant district residents the same citizenship rights enjoyed by all other Americans.

The measure to create the state of New Columbia recently passed the House District of Columbia Committee. The bill should reach the House floor by late May or June.

While the new state would be–unlike any other–entirely a city, the continued subjugation of district residents to a paternalistic Congress is a travesty of democratic justice.

Eleanor Holmes Norton, the district’s nonvoting representative, points out that Washingtonians not only have fewer rights than those in the 50 states, but fewer rights than those in the territories of Guam, Puerto Rico, the Virgin Islands and American Samoa, which at least have local self-governance.

Limited home rule has been a hollow promise. All laws passed by the district’s city council must be approved by Congress. An assualt-weapons referendum overwhelmingly approved by city residents is being challenged by Rep. Dana Rohrabacher, R-Calif. The district can’t even change garbage-collection days without clearance on the Hill.

D.C. residents pay U.S. taxes without representation and serve in the military with no voice in choosing those who put their lives at risk.

The unique creation of a city-state has led some opponents to suggest joining most of the district to neighboring Maryland. That, however, runs counter to the will of district residents and those of Maryland.

The district meets three traditional statehood tests: Statehood reflects the will of the people; they have agreed to adhere to a representative form of government; and there are enough people and resources to ensure economic viability.

The district’s 608,000 residents outnumber the populations of three states. D.C. households have an average income of $32,106. The district raises 84 percent of its $3.8 billion budget through income, property and sales taxes.

No compelling argument against statehood has been advanced, and no acceptable alternative has been offered. To continue second-class citizenship for D.C. residents is inconsistent with and offensive to democratic principles. It is unworthy of this republic.


This newspaper article was obtained from the Congressional Record in the Library of Congress related to H.R. 51, The New Columbia Admission Act of 1993. The article is not in the public domain but is being republished here under the fair use doctrine of U.S. copyright law in order to continue my advocacy for full representation for the American citizens of the District of Columbia.



The D.C. Plantation: Freedom Soon? – The New York Times, November 25th, 1991
|| 10/8/2009 || 9:42 am || + Render A Comment || ||

The D.C. Plantation: Freedom Soon?

New York Times, Nov. 25, 1991

The effort to grant statehood to Washington, D.C., could well become a campaign issue in 1992.

A bill that would admit the District to the Union as New Columbia, the 51st state, was introduced in the Senate on Thursday. And hearings on the House version of the bill saw a welcome burst of enthusiasm. Three Democratic Presidential candidates testified in favor of statehood and others sent messages of support.

That’s as it should be. The District’s treatment is a scandal, albeit one with a long history. The Federal Government runs the city like a plantation, denying it a voting representative in Congress, forbidding it even rudimentary self-rule and limiting severely its ability to raise revenue.

President Bush favors keeping the District on its knees. But Gov. Bill Clinton of Arkansas, Gov. Douglas Wilder of Virginia and Senator Tom Harkin of Iowa testified before Congress that the District deserved to become a full partner in the Union. The three were on the mark.

Washingtonians have long been denied rights that the rest of us take for granted. They weren’t allowed to vote in Presidential elections until 1964. And it was not until the Home Rule Act of 1973 that they could elect a mayor and city council; both had previously been appointed.

The Home Rule Act left the Federal Government’s dictatorial powers intact. Congress can overturn any law the District council passes. A powerful senator can throw some cash to friends by attaching amendments to the city’s budget bill. And one meddlesome Congressman can by himself trigger bearings on any law by simply raising an objection to it.

The Federal Government is not above extortion. Mr. Bush recently vetoed the city budget, forcing the District to ban the use of locally raised tax revenues to furnish abortions for impoverished women. And Congress used similar blackmail to force repeal of a law that made gun dealers and manufacturers liable for injuries from assault weapons. The citizens have reinstated the measure; gun-lobbying senators may yet thwart it. The District’s non-voting representative, Eleanor Holmes Norton, spends much of her time fending off odious infringements like these.

Fiscal restrictions abound. The Federal Government’s real estate is exempt from taxation; the city is forbidden to tax the earnings of commuters, most of whom are Federal employees. District officials say these restrictions cause the city to forgo $1.9 billion in revenues per year. Last year the Federal Government paid a paltry $430 million in return. Denied sources of revenue, the city levies some of the highest taxes in the nation.

Those who oppose statehood typically offer weak constitutional arguments against it. It seems fairly clear, however, that Republicans who oppose statehood do so because the District would send two more Democrats to the Senate.

But most Americans understand democracy well. The issue of statehood for the District raises an obvious question: How can we justify championing democracy abroad while inflicting second-class citizenship in the nation’s capital? The answer is obvious, too: We can’t.


This newspaper article was obtained from the Congressional Record in the Library of Congress related to H.R. 51, The New Columbia Admission Act of 1993. The article is not in the public domain but is being republished here under the fair use doctrine of U.S. copyright law in order to continue my advocacy for full representation for the American citizens of the District of Columbia.





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  • thank you,
    come again!