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On July 16, 1790, Congress approved the District of Columbia Act which is also known as the Residence Act approving the creation of a capital district to be located along the Potomac River on the country's East Coast.
Article I, Section 8 of the Constitution of the United States states, "To 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 the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; -And"
The states of Maryland and Virginia each donated land to form the federal district, which included the preexisting settlements of Georgetown and Alexandria. Named in honor of George Washington, the City of Washington was founded in 1791 to serve as the new national capital. In 1846, Congress returned the land originally ceded by Virginia and created a single municipal government for the remaining portion of the District in 1871.
In February 1801, Further, the established town governments of Alexandria, Georgetown and Washington were recognized as constituted and placed under the laws of the District, its judges, etc. The popular names for this “Charter Act” are the, “District of Columbia Organization Act” and the “District of Columbia Act ”, which Act the Supreme Court has recognized was the incorporation of the “municipality” known as the “District of Columbia”. Then on March 3, 1801 a Supplementary Act to that last Act, noted here, added the authority that the Marshals appointed by the respective District Court Judges collectively form a County Commission with the authority to appoint all officers as may be needed in similarity to the respective State officials in the states whence the counties Washington and Alexandria came, those being Maryland and Virginia, respectively.
According to the United States Supreme Court those charter acts (first acts) were the official incorporation of the formal municipal government of the District of Columbia as chartered by Congress in accord with the Constitution’s provision. Again, the Supreme Court called that body of government “a corporation”, with the right to sue and be sued. Since 1801 The District of Columbia has been consistently recognized as a “municipal corporation” with its own government.
To understand what the mindset of the government was in 1871 and what they were faced with are clear facts (but not laid out here to excuse what they did). The Civil War had just ended, the country was still under Lincoln's Martial Law (Conscription Act) and the Congress had 3 huge problems:
The first paragraph of the District of Columbia Organic Act of 1871 reads as follows:
Congress wrote: That all that part of the territory of the United States included within the limits of the District of Columbia be, and the same is hereby, created into a government by the name of the District of Columbia, by which name it is hereby constituted a body corporate for municipal purposes … and exercise all other powers of a municipal corporation.
YOU CAN"T! Even Congress who thinks they know everything does not have the power to change History. Maybe this is part of the reason they no longer want our children learning about the history of America prior to 1865. You cannot pass an "Organic Act" when the "Charter Act" is already in place. Historians can try to rewrite whatever they want History to say, but this is why it is so important for Americans to do their research.
The only reasoning left for the terms given in the District of Columbia Organic Act of 1871 is, the “municipal corporation” that was created is a private corporation owned by the existent municipality. And the only government created in that Act was the same government any private corporation has within the operation of its own corporate construct. Thus, we call it Corp. U.S.
Congress such as it is filled with a majority of lawyers (we really need to ratify the original 13th Amendment) reserved the right, granted them in the Constitution, to complete dictatorial authority over their Corp. U.S. construct, without regard for its internal operations or officers. Thus, Congress can use it within the ten mile square as they see fit to both govern the municipality as if it were the municipal government and to use it to do things the Constitution did not grant them the privilege of doing.
Article I, Section 8 of the Constitution of the United States states, "To 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 the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; -And"
The states of Maryland and Virginia each donated land to form the federal district, which included the preexisting settlements of Georgetown and Alexandria. Named in honor of George Washington, the City of Washington was founded in 1791 to serve as the new national capital. In 1846, Congress returned the land originally ceded by Virginia and created a single municipal government for the remaining portion of the District in 1871.
In February 1801, Further, the established town governments of Alexandria, Georgetown and Washington were recognized as constituted and placed under the laws of the District, its judges, etc. The popular names for this “Charter Act” are the, “District of Columbia Organization Act” and the “District of Columbia Act ”, which Act the Supreme Court has recognized was the incorporation of the “municipality” known as the “District of Columbia”. Then on March 3, 1801 a Supplementary Act to that last Act, noted here, added the authority that the Marshals appointed by the respective District Court Judges collectively form a County Commission with the authority to appoint all officers as may be needed in similarity to the respective State officials in the states whence the counties Washington and Alexandria came, those being Maryland and Virginia, respectively.
According to the United States Supreme Court those charter acts (first acts) were the official incorporation of the formal municipal government of the District of Columbia as chartered by Congress in accord with the Constitution’s provision. Again, the Supreme Court called that body of government “a corporation”, with the right to sue and be sued. Since 1801 The District of Columbia has been consistently recognized as a “municipal corporation” with its own government.
To understand what the mindset of the government was in 1871 and what they were faced with are clear facts (but not laid out here to excuse what they did). The Civil War had just ended, the country was still under Lincoln's Martial Law (Conscription Act) and the Congress had 3 huge problems:
- The country was BROKE - out of funds
- They had promised 40 acres of land to each slave who left the South to fight for the North and,
- They had to find some way to reintegrate the South into the Union of which they could not do without controlling the appointment of the Southern States Congressional members.
The first paragraph of the District of Columbia Organic Act of 1871 reads as follows:
Congress wrote: That all that part of the territory of the United States included within the limits of the District of Columbia be, and the same is hereby, created into a government by the name of the District of Columbia, by which name it is hereby constituted a body corporate for municipal purposes … and exercise all other powers of a municipal corporation.
- Knowing the District of Columbia was already "created into a government" and also formed into a municipal incorporation in 1801 under the District of Columbia Acts, I wonder, even with Congress’ constitutional authority to pass any law within the ten mile square of the District, how do you create, or incorporate, for the first time a municipal government that has already been in existence as a municipal corporation for over 60 years?
YOU CAN"T! Even Congress who thinks they know everything does not have the power to change History. Maybe this is part of the reason they no longer want our children learning about the history of America prior to 1865. You cannot pass an "Organic Act" when the "Charter Act" is already in place. Historians can try to rewrite whatever they want History to say, but this is why it is so important for Americans to do their research.
The only reasoning left for the terms given in the District of Columbia Organic Act of 1871 is, the “municipal corporation” that was created is a private corporation owned by the existent municipality. And the only government created in that Act was the same government any private corporation has within the operation of its own corporate construct. Thus, we call it Corp. U.S.
Congress such as it is filled with a majority of lawyers (we really need to ratify the original 13th Amendment) reserved the right, granted them in the Constitution, to complete dictatorial authority over their Corp. U.S. construct, without regard for its internal operations or officers. Thus, Congress can use it within the ten mile square as they see fit to both govern the municipality as if it were the municipal government and to use it to do things the Constitution did not grant them the privilege of doing.
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RESIDENCY ACT OF 1790
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