Center for Teaching the Rule of Law

July 16, 1790 -- President Washington signs that Residency Act establishing the authority to create a federal district as the seat of the National Capital along the Potomac River

7/17/2021

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The Residence Act of 1790, officially titled An Act for establishing the temporary and permanent seat of the Government of the United States (1 Stat. 130), is a United States federal statute adopted during the second session of the First United States Congress and signed into law by President George Washington on July 16, 1790. The Act provides for a national capital and permanent seat of government to be established at a site along the Potomac River and empowered President Washington to appoint commissioners to oversee the project. It also set a deadline of December 1800 for the capital to be ready, and designated Philadelphia as the nation's temporary capital while the new seat of government was being built. At the time, the federal government was operating out of New York City.

Congress passed the Residence Act as part of the Compromise of 1790 brokered among James Madison, Thomas Jefferson, and Alexander Hamilton. Madison and Jefferson favored a southerly site for the capital on the Potomac River, but they lacked a majority to pass the measure through Congress. Meanwhile, Hamilton was pushing for Congress to pass the Assumption Bill, to allow the Federal government to assume debts accumulated by the states during the American Revolutionary War. With the compromise, Hamilton was able to muster support from the New York State congressional delegation for the Potomac site, while four delegates (all from districts bordering the Potomac) switched from opposition to support for the Assumption Bill.

The name 'Residency Act" refers to the place where the government of the United States would reside. The need for a special district for the national capital was recognized in 1783 when a group of demobilized soldiers attempted to press their claims for wages owed by surrounding the seat of the Continental Congress in Philadelphia.  Despite requests from Congress, the Pennsylvania state government declined to call out its militia to deal with the unruly mob, and so Congress was forced to adjourn to New Jersey abruptly. This led to the widespread belief that Congress needed control over the national capital. As James Madison wrote in The Federalist No. 43, "Without it, not only the public authority might be insulted and its proceedings interrupted with impunity; but a dependence of the members of the general government on the State comprehending the seat of the government, for protection in the exercise of their duty, might bring on the national councils an imputation of awe or influence, equally dishonorable to the government and dissatisfactory to the other members of the Confederacy." This belief resulted in the creation of a national capital, separate from any state, by the Constitution's District Clause.

Ironically, by authorizing the creation of the separate federal district that was not a part of any state, the Residency Act deprived the residents of the territory selected for the District of Columbia from have representatives in Congress, as the Constitution provides only for representative to be drawn from the states.  A movement to amend the Constitution to allow the District of Columbia to have congressional representation has thus far not met with success. 


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