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14 UNIVERSITY OF THE DISTRICT OF COLUMBIA LAW REVIEWstated that he never saw the purpose of giving Congress exclusive jurisdiction,except to serve hastening the capital selection process. 97This view was offset by the notion that the District would receive a benefit notbestowed upon the several States. 98 Many regarded the benefit as a bargained-forexchange for the burden of second-class citizenship.99 In 1789, it was estimatedthat the selected site would benefit from $500,000 spent there annually. tOO Thisbenefit in exchange for rights was explained by James Madison in The Federalist,Number 43,101 "the [ceding] State will no doubt provide in the compact for therights and the consent of the citizens inhabiting the [federal district]; as the inhabitantswill find sufficient inducements of interest to become willing parties to thecession ... "t02 A colleague of Representative Smilie (R-PA) observed, "No pecuniaryadvantages could ever induce me to part with my elective franchise, but ithas been the pleasure of those people to part with theirs, and the Constitution ofthe United States has authorized them to do SO.,,103If the surrendering of rights was a bargained-for exchange, then it must beregarded as a compact. 104 Whit Cobb analyzes the idea of a compact betweenCongress and the District in a 1995 article in the Dickinson Law Review. lOS97 Representative Smilie stated,Here the citizens would be governed by laws, in the making of which they have no voice- by laws not made with their own consent, but by the United States for them - by men whohave not the interest in the laws made that legislators ought always to possess - by men alsonot acquainted with the minute and local interests, coming .. .from distances of 500 to 1,000miles.Id.98 In 1 ANNALS OF CONGo 864 (Joseph Gales, ed., 1789), Madison stated, "The seat of Governmentis of great importance, if you consider the diffusion of wealth that proceeds from this source ...Those who are most adjacent to the seat of Legislation will always possess advantages over others.An earlier knowledge of the laws, a greater influence in enacting them, better opportunities for anticipatingthem, and a thousand other circumstances will give a superiority to those who are thus situated."Madison could not have been more wrong.99 Cobb, supra note 68, at 532 (citing 1 ANNALS OF CONGo 896 (Joseph Gales, ed., 1789».100 Id.101 THE FEDERALIST No. 43 (James Madison). The Federalists Papers are a series of 85 articles,written by James Madison, Alexander Hamilton, John Jay and John Adams, advocating theratification of the United States Constitution. Number 43, published on January 23, 1978, related to"The Powers Conferred by the Constitution Further Considered." Id.102 Cobb, supra note 68, at 532 (citing THE FEDERALIST No. 43, at 280).103 Statement by Representative John Baptiste Charles Lucas, reprinted in Richards, supra note89, at 59, citing 1 CONSTANCE M. GREEN, WASHINGTON: A HISTORY OF THE CAPITAL 1800-1950, 30(1976).104 A compact is a contract, a covenant between parties. BLACK'S LAW DICTIONARY (Westlaw8th ed. 2004).105 Cobb, supra note 68, at 529-31.
TOWARDS EQUAL FOOTING 15Cobb introduces the compact as an agreement. 106 Notably, each time removalwas debated, a prime reason it failed was recognition of the compact. 107 In 1808,urban members, smarting from roughing it in the yet to be built capital, launchedan attempt to return the capital to Philadelphia. lOS John Love of Virginia observedthat removal would be a "violation of obligations solemnly entered into,and destroy the contracts made.,,109 Nathaniel Macon of North Carolina stated,"I consider the faith of the government as much pledged that the Seat of Governmentshall be permanently fixed [in Washington, D.C.], as it can be to any contractunder the sun."l1OSome members favored removal, yet believed the District ought to be compensatedfor losing the benefit. That opinion was not universal. 111 Still, if surrenderingpolitical standing and sovereignty was the consideration, a materialbreach should result in returning the District to its position before the agreement:full citizenship status. However, a court cannot grant such relief. 112 A compactis, "an agreement or covenant between two or more parties, especially betweengovernments or states." 11 3 The compact with Congress was entered into on behalfof the District by Maryland and Virginia acting with apparent authority.114Cobb's article reveals that under the compact the exchange that was bargainedfor was exclusive benefit. This is supported by the provision creating the Districtand the history of attitudes concerning capital removal. l15 While the statutorylanguage provides that, "offices attached to the seat of government," may be builtelsewhere, it may do so only when "expressly provided by law.,,116106 Id. at 529. Stating eight reasons, that D.C. would be a, "national commons in which therepresentatives of the nation would govern the district with the federal interest at heart and in which,in exchange for federal patronage, the citizens of the district would surrender their suffrage." Id.107 Id. at 529-31, 545-546.108 Id. at 545. As Cobb puts it, "the issue that seemed most consistently on the minds of themembers was related to the capital compact: whether the proposed removal to Philadelphiaamounted to a 'breach of contract." Id.109 Id.110 Whit Cobb, Democracy in Search of Utopia: The History, Law, and Politics of Relocating theNation's Capital, 99 DICK. L. REV. 527, 546 (1995).111 Id. at 545-46.112 U.S. CONST. art IV, § 3, cl. 1. Congress has the sole and exclusive power to grant statehoodto a land area. It is the position of proponents of statehood for the District of Columbia that politicalstanding and sovereignty, resulting in equal footing, is achieved through statehood.113 A convenant is, "a formal agreement or promise, usually in a contract;" while an agreementis, "a mutual understanding between two or more persons about their relative rights and duties regardingpast or future performances; a manifestation of mutual assent by two or more persons."BLACK'S LAW DICfIONARY (8th ed. 2004) (emphasis added).114 U.S. CONST. art. IV, § 3, cl. 1.115 4 U.S.C. §§ 71-72 (2006).116 4 U.S.c. § 72 (2006).
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