DISTRICT OF COLUMBIA. A portion of the country, originally ten miles square, which was ceded to the United States by the states of Virginia and Maryland, over which the national government has exclusive juris diction.
Under the constitution, congress is authorized to "exercise exclusive jurisdiction In all cases whatso ever, over such district, not exceeding ten miles square, as may, by cession of particular states and the acceptance of congress, become the seat of gov ernment of the United States." In pursuance of this authority, the states of Maryland and Virginia ceded to the United States a small territory on the banks of the Potomac, and congress; by the act of July 16, 1790, accepted the same, for the permanent seat of the government of the United States.
By the act of July 11, 1846, congress ceded back the county of Alexandria, part of the District of Co lumbia, to the state of Virginia.
The seat of government was removed from Phila delphia to the District in December, 1800. As it ex ists at present, it constitutes but one county, called the county of Washington.
By act of Congress of Feb. 21, 1871, a territorial government was created for the District ; 16 Stat. L. 419 ; which was not a mere municipality in its restricted sense, but was held to be placed upon the same footing with that of the states or territories within the limits of the act ; Grant v. Cooke, 7 D. C. 165. This government was, however, abolished by act of June 20, 1874, and a temporary government by commissioners was thereby created, which exist ed until by act of June 11, 1878, provision was made for the continuance of the District "as a municipal corporation" and its control by the federal govern ment through these commissioners, two of whom are appointed by the president and confirmed by the senate, and the other is an engineer officer of the army to be detailed for that service by the presi dent. It Is a municipal corporation having a right to sue and be sued, and Is subject to the ordinary rules that govern the law of procedure between prl vete persons. The sovereign power is lodged in the government of the United States, and not in the corporation of the District; Metropolitan R. Co, v, District of Columbia, 132 U. S. 1, 10 Sup. Ct. 19,,
33 L. Ed. 231. Congress is its local legislature ; Gib bons v. District of Columbia, 116 U. S. 404,, 6 SUP. Ct. 427, 29 L. Ed. 680 ; and exercises over it full' and entire jurisdiction both of a political and municipal nature ; Shoemaker v. U. S., 147 U. S. 282, 300, 13 Sup. Ct., 361, 37 L. Ed. 170 ; Parsons v. District of Columbia, 170 U. S. 45, 18 Sup. Ct. 521, 42 L. Ed. 943; and it may legislate with respect to people and property therein as may the legislature of a state over any its municipalities ; Mattingly v. District of Columbia, 97 U. S. 687, 690, 24 L. Ed. 1098.
The District differs from a territory in that the latter is the fountain from which rights ordinarily flow, thOugh congress may intervene, while in the former the body of private rights is created and controlled by congress and not by a legislature of the District v. Polyblank, 205 U. S. 349, 354, 27 Sup. Ct. 526, 51 L. Ed. 834.
The District of Columbia and the territorial dis tricts, of the United States are not states within the meaning of the constitution and of the Judiciary Act, so as to enable a' citizen. thereof to sue a citi zen of one of the states in the federal courts ; Hep burn v. Ellzey, 2 Cra. (U. S.) 445, 2 L. Ed. 332; New Orleane v. Winter; 1 Wheat. (U. S.) 91, 4 L. Ed. 44; Seton v. Hanham, R. M. T. Charlt. (Ga.) 374. Kent says: "However extraordinary it might seem to be, that the courts o; the United States, which were open to aliens, and to the citizens of every state, should be closed upon the inhabitants of those districts (territories and the District of Columbia), on the construction that they were not citizens of a state, yet as the court observed, this was a subject for legislative, and not for judicial consideration." 1 Corn. 349. It might be suggested as a considera tion not here adverted to, that the theory on which this right of suing in federal courts is based is possible prejudice to the rights of a citizen of an other state or an alien in the state court. In the District of Columbia and territories this would not apply, as their courts are created by the federal government.
For the judiciary, see UNITED STATES COURTS.