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ALEXANDRIA AND THE DISTRICT OF COLUMBIA – The Alexandria Gazette, June 9, 1909
|| 12/25/2009 || 2:06 pm || + Render A Comment || ||

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
|| 12/24/2009 || 10:25 am || 1 Comment Rendered || ||

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.



Anxious To Come Back – The Washington Post, July 24, 1890
|| 12/17/2009 || 11:36 pm || + Render A Comment || ||

Map of Alexandria County from 1878

ANXIOUS TO COME BACK


The District Hath Charms for the People of Alexandria


A MOVEMENT OF THE CITIZENS


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


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

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

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

“What started this movement?”

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

“How is it proposed to proceed?”

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

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

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

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

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

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

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

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

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

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

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

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


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


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





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