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Richards, Mark David. “The Debates Over the Retrocession of the District of Columbia, 1801-2004.”

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Richards, Mark David. “The Debates Over the Retrocession of the District of Columbia, 1801-2004.” Washington History in the Classroom This article, © the Historical Society of Washington, D.C., is provided free of charge to educators, parents, and students engaged in remote learning activities. It has been chosen to complement the DC Public Schools curriculum during this time of sheltering at home in response to the COVID-19 pandemic. “Washington History magazine is an essential teaching tool,” says Bill Stevens, a D.C. public charter school teacher. “In the 19 years I’ve been teaching D.C. history to high school students, my scholars have used Washington History to investigate their neighborhoods, compete in National History Day, and write plays based on historical characters. They’ve grappled with concepts such as compensated emancipation, the 1919 riots, school integration, and the evolution of the built environment of Washington, D.C. I could not teach courses on Washington, D.C. Bill Stevens engages with his SEED Public Charter School history without Washington History.” students in the Historical Society’s Kiplinger Research Library, 2016. Washington History is the only scholarly journal devoted exclusively to the history of our nation’s capital. It succeeds the Records of the Columbia Historical Society, first published in 1897. Washington History is filled with scholarly articles, reviews, and a rich array of images and is written and edited by distinguished historians and journalists. Washington History authors explore D.C. from the earliest days of the city to 20 years ago, covering neighborhoods, heroes and she-roes, businesses, health, arts and culture, architecture, immigration, city planning, and compelling issues that unite us and divide us. The full runs of Washington History (1989-present) and its predecessor publication the Records of the Columbia Historical Society (1897-1988) are available through JSTOR, an online archive to which many institutions subscribe. It’s easy to set up a personal JSTOR account, which allows for free online reading of six articles per month in any of their journals, or join the Historical Society at the Membership Plus level for unlimited free access to our publications. George Washington specifically included land in Virginia southwest of the Potomac River in his design for the seat of gov- ernment , as shown by this map by Artemas C. Harmon based on surveys by Andrew Ellicott in 1791-92. Courtesy, Kenneth Bowling. The Debates over the Retrocession of the District of Columbia, 1801-2004 Mark David Richards 1846, the District of Columbia was a and long after 1846; indeed, the discussion still con- "10 Miles Square" diamond spanning the tinues today. For example, early Washingtonians Potomac River. President George Wash- submitted numerous petitions and congressional ington determined the District's shape in 1791 in leaders sponsored several bills in support of retro- order to include his hometown of Alexandria, cession in the first decade of the nineteenth century. Virginia. In 1846, Congress retroceded, or After retrocession, Presidents Lincoln and Taft returned, the entire District southwest of the questioned the wisdom and even the constitution- Potomac River to Virginia, a fissure that perhaps ality of the decision. In the end, however, the foreshadowed the great storm that was to frag- Supreme Court sidestepped the issue and the U.S. ment the nation. Although many believe slavery Attorney General viewed the matter as a fait accom- to have been the main reason why retrocession pli Today, a few supporters continue to raise the occurred, the record suggests a more textured story idea of retroceding most of the remaining area to with District political rights and economic griev- Maryland as a solution to the District's continued ances at the fore. political inequality and economic problems. It is In fact, the history of retrocession in the District not hard to understand why. Residents of the former is much broader than just the events surrounding portion of the District, now located in Virginia, the retrocession of Virginia. Congress and the Dis- enjoy equal constitutional rights and provide an trict's citizens debated retrocession as early as 1801 economic engine to that state. District citizens remain disenfranchised and struggle economically. Virginia representatives to Congress, elected by cit- Mark David Richards is a Washington, D.C., sociol- izens from the former southwestern portion of the ogist. This article was adapted from a chapter in his District, serve on congressional oversight commit- unpublished doctoral dissertation, "Hope and Delu- tees and have greater power over District affairs sion: Struggle for Democracy in the District of than the District's own elected officials. Columbia." 55 56 E Washington History, Spring/Summer 2004 This map byT.G. Bradford shows the five original jurisdictions of the District of Columbia: Washington City, the seat of government, Georgetown, Washington County, Alexandria, and Alexandria County. Almost as soon as Congress arrived in Washington in 1800, politicians and residents began debating the idea of retroceding, or returning, these lands to Maryland and Virginia. Courtesy, Library of Congress. The Debates over Retrocession, 1801-2004 E 57 The earliest debates over retrocession were tant one. It was a right which this country, when intricately related to questions about exclusive under subjection of Great Britain, thought worth federal authority over the District in particular making a resolute struggle for, and evinced a and about federal power in general. The Sixth determination to perish rather than not enjoy.5 Congress moved from Philadelphia to the nation's new seat of government in Washington Residents of Alexandria made the same point in City and convened its second session there on a town meeting and in a petition to Congress.6 November 17, 1800. President John Adams In contrast, Representative John Dennis of opened a joint session of Congress with an Maryland (Federalist) argued the bill would annual message on November 22 and told mem- increase the prosperity of District residents. He bers, "It is with you, gentlemen, to consider added that the amount of their actual power in whether the local powers over the District of their state legislatures was "little in essence."7 If it Columbia vested by the Constitution in the should be necessary, he argued, "The Constitu- Congress of the United States shall be immedi- tion might be so altered as to give them a delegate ately exercised."1 of the General Legislature when their numbers After limited debate, Congress assumed exclu- should become sufficient."8 sive legislative authority in all cases whatsoever Although the Sixth Congress assumed exclu- over the District in the Organic Act ("An Act sive federal authority under the Organic Act, the Concerning the District of Columbia"), signed Democratic-Republican-controlled Congress con- into law on February 27, 1801. Historian William tinued to debate the matter between 1803 and C. diGiacomantonio described passage of the 1805. In January 1803, Representative John Organic Act as a "last-ditch, 1 lth-hour insurance Bacon of Massachusetts (Republican) introduced polic[y] aimed at perpetuating Federalist influ- resolutions to retrocede the District, provided the ence, and the power of the national government states of Virginia and Maryland consented.9 generally, beyond the political life of the Federal- Debate opened in February, with Rep. Smilie ist party."2 The debate over exclusive legislative maintaining that "he never could understand the authority was one of many issues that divided the reason for giving Congress an exclusive jurisdic- Federalists, who supported exclusive jurisdiction, tion over ten-miles square. He believed there was and Democratic-Republicans, who opposed it.3 but one reason: It had been thought good policy Representative John Smilie of Pennsylvania to introduce this article into the Constitution to (Republican) was one of the most consistent pro- facilitate its adoption, as it was known that all ponents of the idea that Congress could parts of the Union were anxious to have the seat incorporate Washington City without assuming of Government."10 He said, "It did not appear to exclusive jurisdiction.4 He told members that he him, in any proper point of view, necessary that "wished to destroy the bill" unless his colleagues Congress should possess such exclusive jurisdic- could "prove to him that the rights of these peo- tion. There was no doubt that, let Congress sit ple could be reserved." Under exclusive federal where they would; they would always have suffi- control, District citizens would lose precious cient power to protect themselves rights, Rep. Smilie cautioned: can derive no solid benefit from the exercise of this power, why keep the people in this degraded Not a man in the District would be represented situation?"11 in the Government, whereas every man who Rep. Smilie also raised concerns about the contributed to the support of a Government time and expense of acting as the District's legis- ought to be represented in it, otherwise his nat- lature and questioned congressional competency ural rights were subverted, and he left, not a to legislate for the District. He noted that "the citizen, but a subject. This was one right the bill trouble and expense would increase with the deprived these people of, and he had always been increasing number of inhabitants."12 He again taught to believe it was a very serious and impor- warned about the loss of political rights: "Here, 58 E Washington History, Spring/Summer 2004 the citizens would be governed by laws, in the resentatives from Virginia offered various retro- making of which they have no voice - by laws cession options. Representative John Dawson not made with their own consent, but by the (Republican) moved to divide the two questions United States for them - by men who have not of retroceding the Virginia portion from the the interest in the laws made that legislators Maryland portion, while Representative John ought always to possess - by men also not Randolph suggested retroceding all the territory acquainted with the minute and local interests except Washington City.
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