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

A Shower of Proclamations.; Arlington Heights.

The New York Times, May 9, 1861

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

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

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

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

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

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

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

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

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

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

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

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

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

Washington, D.C., Approves Medical Use of Marijuana By Ashley Southall – The New York Times, May 5, 2010
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Screen grab of Washington, D.C., Approves Medical Use of Marijuana By Ashley Southall - The New York Times, May 5, 2010

Today my names appears for the first time in the New York Times:

Nikolas Schiller, the secretary of the D.C. Patients’ Cooperative, a nonprofit group that advocates legal medical marijuana, said the amendments would have clarified ambiguities in the bill. He pointed to an example of a Wal-Mart worker in Michigan, where medical marijuana is legal, who was fired in March after he tested positive for the drug, which he used to cope with sinus cancer and an inoperable brain tumor.

“We asked the Council to introduce the protection for that and they refused to,” Mr. Schiller said. “And it was very infuriating to sit and watch the best practices from other states, other jurisdictions be ignored.”

Although Ashley recorded a much longer interview with me after the District Council’s final vote, I am happy (read: not infuriated) with how this article is written. I wish she could have highlighted some of the more important issues I spoke to her about. Regardless, I am still disappointed the Councilmembers voted to create one of the most restrictive medical cannabis programs in the country. The reality is that Congress already approved a more liberal version earlier this year and these amendments are far away from the original intent of District residents. The next Congress can take the program away, so why not legislate to create the very best program in the country modeled off of what works? I am sad to say that without home cultivation and limiting growers to 95 plants, the program is going to have some problems, but I hope, in time, we can fix them.

Anyways, yesterday’s vote was an important start, but there is a long way to go…

Read the entire article:

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

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

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

92 U.S. 130 (____)

PHILLIPS
v.
PAYNE.

Supreme Court of United States.

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

Mr. R.T. Daniel, contra.

MR. JUSTICE SWAYNE delivered the opinion of the court.

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

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

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

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RETROCESSION OF ALEXANDRIA – The New York Times, August 17, 1873
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Does the New York Times issue corrections after 137 years? Because this article has two errors. First, William Winter Payne, of Fauquier, was then a member of Congress from Alabama, not South Carolina. I decided to look in the Congressional Globe myself and find their error. Second, the article uses both Judge Underhill and Judge Underwood, when it should have been only using Judge John Curtiss Underwood (sadly, he died less than 4 months after this article was published.)

I decided to repost this article here because it provides the setting for the Supreme Court case of Phillips vs. Payne. I was not expecting to find an article that essentially provides a road map for how the unconstitutionality of Alexandria’s retrocession was to be legally challenged.

RETROCESSION OF ALEXANDRIA

The New York Times, August 17, 1873

At a recent meeting of the Common Council of Alexandria, Va., a proposition to establish a new hospital being under consideration, Judge Underhill spoke of the renewed effort by citizens of Washington to procure retrocession of Alexandria to the District of Columbia. He then related an interview he had with Gov. Cooke and Chief Justice Cartter, from which he had learned that they had determined on the move. Judge Cartter had pronounced the act of retrocession of 1846 unconstitutional and void, and they would make a test case by getting some citizen of Alexandria to refuse to pay his taxes, and file a bill for an injunction against their collection by the State of Virginia. They preferred that mode to proceeding criminal case by habeas corpus. The Board of Public Works thought it necessary to have both sides of the river, as the Board of Health had concluded the swamps on the Virginia side were the cause of much of the malarious sickness in Washington. The effort will probably be made in the Fall. Judge Underwood also remarked that the change, if made, would very seriously affect him, and necessitate his resignation of the judgeship or removal, and he said he had looked at the Globe of the date of the act of retrocession, and found that Col. Winter Payne, of Fauquier, then a member of Congress from ~~South Carolina~~ Alabama, had opposed it as unconstitutional, and many Democratic statesmen, but no Whigs.

This newspaper article was transcribed from a scan of the original newspaper article. The document was obtained from the New York Times 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.

S280 – A Bill To Repeal an Act Entitled ”An Act to Retrocede the County of Alexandria, in the District of Columbia, to the State of Virginia” – United States Senate, April 23, 1866
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Within two years of the end of the Civil War, it was realized that Virginia’s retrocession in 1846 was unconstitutional and Senator Benjamin Wade, a Radical Republican introduced a bill to repeal the act:

Page 1 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'

Page 2 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'

Page 3 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'

Page 4 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'

[ Source: Library of Congress ]

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

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

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

Whereas the Constitution of the United States provides that Congress ”shall exercise exclusive legislation in all cases whatsoever over such District (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States;” and whereas by an act of Congress approved July sixteenth, anno Domini seventeen hundred and ninety, ten miles square of territory was accepted from the States of Maryland and Virginia, as the permanent seat of government, constituting what was subsequently known as the District of Columbia, which when so accepted and defined, all jurisdiction over the same was, by the Constitution, forever vested in Congress, whose duty it was then, and forever after, to preserve unviolated and free from all control whatsoever, save that of Congress; and whereas experience derived from the recent rebellion, has demonstrated the wisdom of preserving such ten miles square under the exclusive control of Congress, both for military and civil purposes, and for the defense of the capital; and whereas, by an act of Congress approved July ninth, anno Domini eighteen hundred and forty-six, that portion of said ten miles square lying south of the Potomac was ceded back to the State of Virginia, in violation of the intent and meaning of the Constitution of the United States, and to the great peril of the capital as aforesaid: Therefore,

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

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

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

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

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

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

The 1910 Publication Calendar of the Alexandria Gazette from the Chronicling America Newspaper Collection [100 Year Old News]
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Scan of the newspaper masthead of the Alexandria Gazette

Text & content from the Chronicling America newspaper collection

Established in 1834 as a successor to several papers dating back as early as 1800, the Gazette began as a voice of the Whig Party but eventually turned to a Democratic view. For the time, that was hardly an unusual political evolution for a Virginia paper. What did, however, make the paper somewhat unique in nineteenth-century Virginia was its forceful and effective support of industrialization throughout the South. Situated across the Potomac from the Washington Navy Yard, Alexandria was a growing riverfront community that could boast of considerable industry for its size—including brickworks; shoe, furniture, and machinery factories; breweries; ship chandleries and boat yards; and rail lines for both the Baltimore & Ohio and Chesapeake & Ohio Railroads. By 1900, the city had a population of 6,430 and was increasingly affected by—and prospered from—the growth of the federal government and its payroll. Its perspective, then, was unlike most Virginia papers.

Too, the Gazette by 1900 was the dominant daily newspaper and an influential voice in the community. Since 1865, at least 23 papers had begun publication in Alexandria but then disappeared. In the 1890s alone, six shut down. By 1900, then, the Gazette’s competition was reduced primarily to the Alexandria Times, but even that paper would barely survive the decade. Particularly noteworthy is how fertile the Alexandria region had been for the African-American press. But the Clipper had ceased business in 1894, and its successor the Leader and Clipper ended in 1898; the
Home News, established in 1902, and the Industrial Advocate, opened circa 1900, disappeared within several years as well. The point, though, is that the papers reflected a perceived need within a substantial enough minority community that any major paper—whatever its politics, whatever its bias—would be compelled to take its existence into account in reporting on local government and the economy.

Thus, at the beginning of the twentieth century, the Alexandria Gazette could legitimately comment on its considerable significance to the growing northern Virginia community and region. “The files of the paper,” the editor wrote, “are the official and unabridged history of Alexandria, and while numbers of other papers have appeared and disappeared during all the years of its existence, it has weathered all the storms of time. . . .”

1910 Newspapers

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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.

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.

A Bill To Extend The Limits of the District of Columbia – The Alexandria Gazette, June 1, 1909
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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.

The Snow-Covered Washington, DC Area Is Today’s MODIS Satellite Image of the Day
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Satellite: Aqua
Date Acquired: 12/20/2009
Resolutions: 250m (reduced)
Bands Used: 1,4,3
Credit: Jesse Allen, NASA’s Earth Observatory

I was looking for satellite images of last weekend’s blizzard and found that today’s MODIS Satellite Image of the Day just so happens to be of the Washington, DC area. MODIS (or Moderate Resolution Imaging Spectroradiometer) is a key instrument aboard the Terra (EOS AM) and Aqua (EOS PM) satellites that documents changes on the surface of the earth. Terra’s orbit around the Earth is timed so that it passes from north to south across the equator in the morning, while Aqua passes south to north over the equator in the afternoon. Terra MODIS and Aqua MODIS are viewing the entire Earth’s surface every 1 to 2 days, acquiring data in 36 spectral bands, or groups of wavelengths that are used for numerous scientific purposes. You can view these satellite images in real-time and see exactly what has happened on the surface of the earth within the last 48 hours.

The Daily Render By

A Digital Scrapbook for the Past, Present, and Future.

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Nikolas Schiller is a second-class American citizen living in America's last colony, Washington, DC. This blog is my on-line repository of what I have created or found on-line since May of 2004. If you have any questions or comments, please contact: