60TH CONGRESS, HOUSE OF REPRESENTATIVES. 2d Session.

EXCHANGE OF OFFICIAL JOURNALS, ETC.

FEBRUARY 23, 1909.-Ordered to be printed.

Mr. LANDIS, from the Committee on Printing, submitted the following

REPORT.

[To accompany S. R. 105.]

The Committee on Printing, having had under consideration the joint resolution (S. R. 105) for the purpose of more fully carrying into effect the convention concluded at Brussels on March 15, 1886, in reference to the exchange of official journals, etc., recommend that the same do pass.

This resolution authorizes the distribution, through the Smithsonian Institution, of copies of the daily Congressional Record to the legislative chambers of such foreign governments as may extend a like courtesy to the Government of the United States, not to exceed, however, a total of 100 copies. As the subscription price fixed by law for the daily Congressional Record is $4 for the short session and $8 for the long session, it follows that the total expense involved for supplying these additional copies during any session of Congress, even though the entire number be supplied by the Public Printer, can not exceed $800.

PAYMENT OF CERTAIN MONEYS ADVANCED BY MARYLAND AND VIRGINIA.

FEBRUARY 23, 1909.-Ordered to be printed.

Mr. MILLER, from the Committee on Claims, submitted the following

ADVERSE REPORT.

[To accompany S. 5252.]

The Committee on Claims, having had under consideration Senate bill 5252, for the payment of certain moneys advanced by Maryland and Virginia to the United States, submit the following report:

The committee recommend that the bill be adversely reported, and as this is a matter of interest to the people of two States, Maryland and Virginia, the committee think it proper that it should furnish the House with a complete statement of the facts in the case so as to justify the House in approving the report of the committee.

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This claim is based upon the action taken by the States of Maryland and Virginia prior to the establishment of the seat of Government at its present location. It is shown by an act of the general assembly of Virginia, passed December 3, 1789 (13 Henning, 33), that the establishment of a situation for the seat of the General Government, central and convenient to the citizens of the United States at large, having due regard to population, extent of territory, and a free navigation to the Atlantic Ocean through the Chesapeake Bay, as well as ready communication with our fellow-citizens on the western frontier," engaged the attention of the said general assembly, and on the 10th of December that general assembly passed the following:

Resolved by the general assembly of Virginia, That a copy of the foregoing act of the third of December, seventeen hundred and eighty-nine, be transmitted to the general assembly of Maryland without delay, and that it be proposed to the said assembly to unite with this legislature in an application to Congress that in case Congress shall deem it expedient to establish the permanent seat of government of the United States on the banks of the Potomac so as to include the cession of either State, or a part of the cession of both States, this assembly will pass an act for advancing a sum of money, not exceeding one hundred and twenty thousand dollars, to the use of the General Government, to be applied in such manner as Congress shall direct, toward erecting public buildings, the said assembly of Maryland on their part advancing a sum not less than two-fifths of the sum advanced by this State for the like purpose.

The resolution of the general assembly of Virginia, of the date December 10, 1789, was not acted upon by the general assembly of Maryland until November, 1790, when the following action was taken:

Whereas by a resolution of the general assembly of Virginia, passed on the 10th day of December, 1789, it was proposed to the general assembly of Maryland that the general assembly of Virginia will pass an act for advancing a sum of money, not less than one hundred and twenty thousand dollars, to the use of the General Government, and to be applied in such manner as Congress shall direct, toward erecting public buildings, the assembly of Maryland on their part advancing a sum not less than three-fifths of the sum advanced by the said general assembly of Virginia; which resolution came so late to the last general assembly of Maryland that it could not be acted upon, and was therefore referred to this present session; and

Whereas this general assembly doth highly approve of the object of said resolution, and is desirous of doing everything required on the part of Maryland for carrying the same into effect; on a second reading of said resolution,

Resolved, That this house doth accede to the proposition contained in said resolution of the assembly of Virginia, and will advance to the President of the United States, for the purposes mentioned in said resolution, the sum of seventy-two thousand dollars, payable to his order in three equal yearly payments.

That preamble and resolution from the general assembly of Maryland was communicated to the general assembly of Virginia, and on the 24th of December, 1790, the following act was passed:

Whereas the general assembly of Maryland have acceded to a proposition of the general assembly of this Commonwealth contained in their resolution of the tenth day of December, seventeen hundred and eighty-nine, concerning an advance of money to the General Government to be applied toward erecting public buildings at the permanent seat of the Government of the United States, should the Congress deem it expedient to fix it on the bank of the Potomac; and whereas Congress has passed an act for establishing the said seat of Government on the Potomac:

Be it enacted by the general assembly, That one hundred and twenty thousand dollars shall be advanced by this Commonwealth to the General Government, payable in three equal yearly payments, and to be applied toward erecting public buildings at the permanent seat of the Government of the United States on the bank of the Potomac; and the auditor of public accounts is hereby directed to issue his warrants on the treasurer to the amount of one hundred and twenty thousand dollars, payable in the manner herein before directed, to the order of the President of the United States. (See 13 Henning, 125.)

If this were all there was to be considered in connection with the location of the capital it might be inferred that the States of Maryland and Virginia intended the amounts of money respectively furnished by them, to wit, $72,000 and $120,000, to be a loan to the Government of the United States for the purpose described in the acts of their respective assemblies; but in order that the proper meaning of the language in said acts might be presented to the House the committee have thoroughly investigated all of the conditions existing at the time said action was taken, and present herewith as fully as possible the events of that period.

Maryland, by an act of its general assembly passed December 23, 1788, directed its representatives in the House of Representatives of the Congress of the United States to cede to the Congress of the United States any district in said State, not exceeding 10 miles square, which the Congress might fix upon and accept for the site of government; and Virginia by an act of its general assembly of date December 3, 1789, ceded a like tract of any lesser quantity of Virginia territory for the same purpose.

AN ACT For establishing the temporary and permanent seat of the Government of the United States. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a district of territory, not exceeding ten mile

square, to be located as hereafter directed on the river Potomac, at some place between the mouths of the Eastern Branch and the Conococheague, be, and the same is hereby, accepted for the permanent seat of the Government of the United States: Provided nevertheless, That the operation of the laws of the State within such district shall not be affected by this acceptance, until the time fixed for the removal of the Government thereto, and until Congress shall otherwise by law provide.

SEC. 2. And be it further enacted, That the President of the United States be authorized to appoint, and by supplying vacancies happening from refusals to act or other causes, to keep in appointment as long as may be necessary three commissioners, who, or any two of whom, shall, under the direction of the President, survey, and by proper metes and bounds define and limit a district of territory, under the limitations above mentioned; and the district so defined, limited, and located shall be deemed the district accepted by this act for the permanent seat of the Government of the United States.

SEC. 3. And be it (further) enacted, That the said commissioners, or any two of them, shall have power to purchase or accept such quantity of land on the eastern side of the said river, within the said district, as the President shall deem proper for the use of the United States, and, according to such plans as the President shall approve, the said commissioners, or any two of them, shall, prior to the first Monday in December in the year one thousand eight hundred, provide suitable buildings for the accommodation of Congress and of the President and for the public offices of the Government of the United States.

SEC. 4. And be it (further) enacted, That for defraying the expense of such purchases and buildings the President of the United States be authorized and requested to accept grants of money.

SEC. 5. And be it (further) enacted, That prior to the first Monday in December next all offices attached to the seat of the Government of the United States shall be removed to and until the said first Monday in December in the year one thousand eight hundred shall remain at the city of Philadelphia, in the State of Pennsylvania, at which place the session of Congress next ensuing the present shall be held.

SEC. 6. And be it (further) enacted, That on the said first Monday in December, in the year one thousand eight hundred, the seat of the Government of the United States shall, by virtue of this act, be transferred to the district and place aforesaid. And all offices attached to the said seat of Government shall accordingly be removed thereto by their respective holders, and shall, after the said day, cease to be exercised elsewhere; and that the necessary expense of such removal shall be defrayed out of the duties on imposts and tonnage, of which a sufficient sum is hereby appropriated. Approved July 16, 1790. (1 Stats., 130.)

AN ACT To cede to Congress a district of ten miles square in this State [Maryland] for the seat of the Government of the United States. (Approved December 23 1788.)

Be it enacted by the general assembly of Maryland, That the representatives of this State in the House of Representatives of the Congress of the United States, appointed to assemble at New York on the first Wednesday of March next, be, and they are hereby, authorized and required, on behalf of this State, to cede to the Congress of the United States any district in this State not exceeding ten miles square, which the Congress may fix upon and accept for the seat of Government of the United States.

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

1. Whereas the equal and common benefits resulting from the administration of the General Government will be best diffused and its operations become more prompt and certain by establishing such a situation for the seat of said Government as will be most central and convenient to the citizens of the United States at large, having regard as well to population, extent of territory, and free navigation to the Atlantic Ocean through the Chesapeake Bay, as to the most direct and ready communication with our fellow-citizens in the Western frontiers; and whereas it appears to this assembly that a situation combining all the considerations and advantages before recited may be had on the banks of the river Potomac, above tide water, in a country rich and fertile in soil, healthy and salubrious in climate, and abounding in all the necessaries and conveniences of life, where, in a location of 10 miles square, if the wisdom of Congress shall so direct, the States of Pennsylvania, Maryland, and Virginia may participate in such location:

2. Be it therefore enacted by the general asssembly, That a tract of country not exceeding ten miles square, or any lesser quantity, to be located within the limits of this State, and in any part thereof as Congress may by law direct, shall be, and the same

is, forever ceded and relinquished to the Congress and Government of the United States, in full and absolute right and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the Constitution of the Government of the United States. 3. Provided, That nothing herein contained shall be herein construed to vest in the United States any right of property in the soil, or to affect the rights of individuals therein, otherwise than the same shall or may be transferred by such individuals to the United States.

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

AN ACT Concerning the advance of money to the Government of the United States for public buildings.

Whereas the general assembly of Maryland has acceded to a proposition of the general government of this Commonwealth, contained in their resolution of the tenth day of December, seventeen hundred and eighty-nine, concerning an advance of money to the General Government to be applied toward the erection of public buildings at the permanent seat of the Government of the United States, should Congress deem it expedient to fix it on the banks of the Patowmack; and whereas Congress have passed an act for establishing the said seat of government on the Patown ack: Be it enacted by the general assembly [of Virginia], That one hundred and twenty thousand dollars shall be advanced by this Commonwealth to the General Government, payable in three equal yearly payments, and to be applied toward erecting public buildings at the permanent seat of government of the United States on the banks of the Patowmack, and the auditor of public accounts is hereby directed to issue his warrants on the treasurer to the amount of one hundred and twenty thou sand dollars, payable in the manner herein before directed, to the order of the Presi dent of the United States.

Passed December 27, 1790.

[SEAL.] George Washington, President of the United States, to all who shall see these presents, greeting:

Know ye that reposing special trust and confidence in the integrity skill and diligence of Thos. Johnson and Daniel Carroll, of Maryland, and David Stuart, of Virginia, I do, in pursuance of the powers vested in me by the act entitled “An Act for establishing the temporary and permanent seat of the Government of the United States" approved July 16, 1790 hereby appoint them, the said Thomas Johnson, Daniel Carroll, and David Stuart, commissioners for surveying the district of territory accepted by the said act for the permanent seat of the Government of the United States, and for performing such other offices as by law are directed, with full authority for them, or any two of them, to proceed therein according to law, and to have and to hold the said office, with all the powers, privileges and authorities to the same of right appertaining each of them, during the pleasure of the President of the United States for the time being.

In testimony whereof I have caused these letters to be made patent and the seal

of the United States thereto affixed.

Given under my hand at the city of Philadelphia, the twenty-second day of January, in the year of our Lord one thousand seven hundred and ninety-one and of the Independence of the United States the fifteenth.

By the President:

THOMAS JEFFERSON.

GEORGE WASHINGTON.

AN ACT To amend "An act for establishing the temporary and permanent seat of the Government of the United States."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act entitled "An act for establishing the temporary and permanent seat of the Government of the United States" as requires that the whole of the district of territory, not exceeding ten miles square, to be located on the river Potomac, for the permanent seat of the Government of the United States, shall be located above the mouth of the Eastern Branch, be and is hereby repealed, and that it shall be lawful for the President to make any part of the territory below the said limit, and above the mouth of Hunting Creek, a part of the said district, so as to include a convenient part of the Eastern Branch, and