1830 Andrew Jackson - Taxation Without Representation, Slavery in our Nation's Capital

In 1830, freed black men paid taxes and owned property in our nation's capital but were powerless to do anything about the slavery and the slave trade that was flourishing in their own city.   For the first time since its founding in 1800, free blacks outnumbered enslaved blacks in the nation's capital.  There was hope that freedom was coming to the nation’s capital, yet on Pennsylvania Avenue in the heart of the city, regular auctions of black slaves were held at the Indian Queen hotel.  Entire families wore sold and healthy young men brought in top dollar from plantation owners of the frontier states.   The irony of American citizens who paid taxes had no representation in Congress to address even the most repugnant of all laws did not go unnoticed by Andrew Jackson. In his second annual address, he urged Congress to consider giving the District representation in Congress.

There were about 4000 free people of color living and working in Washington City, and almost an equal number of enslaved who were generally hired out to work in hotels or as masons on the construction of public buildings along Pennsylvania Avenue.  The free men of color earned a living as drivers, cooks and laborers.   These were hard working men, some of whom became very prosperous.    By 1830, 75 men paid taxes in Washington City and a handful owned property of more than $1000.  Just stop and think about this for a moment.  Free black men, many of whom owned property and paid taxes lived in our nation's capital, alongside their fellow men enslaved and held in slave pens where slaves were bought and sold.  In our own nation’s capital where the U.S. Congress had sole jurisdiction.  The buying and selling of men and women was even considered by many to be a respectable business in Washington City.   The irony could not be missed, yet, there was little the residents of the city could do.  They had no direct representation in Congress, could not vote, and were at the complete mercy of Congress.   When the District of Columbia was established in 1800 during the Adams administration, the district was carved out of Maryland and there laws became the laws of the capital.  While the people of Maryland and those of every other state had the power in their own hands to change the laws, the people of Washington city were powerless.  

In 1830, Andrew Jackson brought this irony to the attention of Congress.  He began by reminding Congress that per the Constitution the district was placed "under the exclusive jurisdiction and control of Congress".   Jackson pointed Congress to the need of making it's laws uniform with the states surrounding it.  Jackson wrote, "On different sides of the Potomac the same offense is punishable in unequal degrees, and the peculiarities of many of the early laws of MD and VA remain in force".   He made no mention of slavery directly, but it seems very likely that his words, "not with standing their repugnance in some cases to the improvements which have superseded them in those States", is referring to trends in states like New York which first gave slaves freedom in 1817, and followed with a law in 1827 that gave slave-owners an economic motive for slave owners.

"Your attention is respectfully invited to the situation of the District of Columbia. Placed by the Constitution under the exclusive jurisdiction and control of Congress, this District is certainly entitled to a much greater share of its consideration than it has yet received. There is a want of uniformity in its laws, particularly in those of a penal character, which increases the expense of their administration and subjects the people to all the inconveniences which result from the operation of different codes in so small a territory. On different sides of the Potomac the same offense is punishable in unequal degrees, and the peculiarities of many of the early laws of MD and VA remain in force, not with standing their repugnance in some cases to the improvements which have superseded them in those States."

These improvements were happening in the home states of many Congressman, but not in the nation's capital.  Jackson urged Congress to fix this by giving Washington D.C. full representation on the floor of Congress. 

"Besides a remedy for these evils, which is loudly called for, it is respectfully submitted whether a provision authorizing the election of a delegate to represent the wants of the citizens of this District on the floor of Congress is not due to them and to the character of our Government. No principles of freedom, and there is none more important than that which cultivates a proper relation between the governors and the governed. Imperfect as this must be in this case, yet it is believed that it would be greatly improved by a representation in Congress with the same privileges that are allowed to the other Territories of the United States."

Once again in 1831,  Jackson urged Congress to take action.   He described the capital as having "different penal codes -- not the present codes of Virginia and Maryland, but such as existed in those States at the time of the cession to the United States".  Jackson called the capital a community run by two governments, "deprived of all the privileges of self-government".   He urged Congress to either allow them at least one Delegate in Congress or at least a local legislature to make laws for the District. 

"I deem it my duty again to call your attention to the condition of the District of Columbia. It was doubtless wise in the framers of our Constitution to place the people of this District under the jurisdiction of the General Government, but to accomplish the objects they had in view it is not necessary that this people should be deprived of all the privileges of self-government. Independently of the difficulty of inducing the representatives of distant States to turn their attention to projects of laws which are not of the highest interest to their constituents, they are not individually, nor in Congress collectively, well qualified to legislate over the local concerns of this District. Consequently its interests are much neglected, and the people are almost afraid to present their grievances, lest a body in which they are not represented and which feels little sympathy in their local relations should in its attempt to make laws for them do more harm than good. 

Governed by the laws of the States whence they were severed, the two shores of the Potomac within the 10 miles square have different penal codes -- not the present codes of Virginia and Maryland, but such as existed in those States at the time of the cession to the United States. As Congress will not form a new code, and as the people of the District can not make one for themselves, they are virtually under two governments. Is it not just to allow them at least a Delegate in Congress, if not a local legislature, to make laws for the District, subject to the approval or rejection of Congress? I earnestly recommend the extension to them of every political right which their interests require and which may be compatible with the Constitution."

Although, Congress had the power to outlaw slavery in Washington D.C., it did not do so until 1862, and the District of Columbia to this day does not have full representation on the floor of Congress.  In 1971, President Nixon signed the District of Columbia Delegate Act, granting the District of Columbia with one non-voting delegate to the House.   This member can vote on procedural matters only but is not allowed house votes. Washington D.C. residents have no representation in the United States Senate either.  As of 2018, Washington D.C. has a population of 702,455 residents.  That is more than some of our smaller states like Wyoming and Vermont.

References

Presidency.ucsb.edu. (2019). Second Annual Message | The American Presidency Project. [online] Available at: https://www.presidency.ucsb.edu/documents/second-annual-message-3 [Accessed 27 Apr. 2019].

Morley, J. (2013). Snow-storm in August. New York: Anchor, pp.10-13.

AwesomeStories.com. (2019). Slavery Code of the District of Columbia. [online] Available at: https://www.awesomestories.com/asset/view/Slavery-Code-of-the-District-of-Columbia [Accessed 27 Apr. 2019].

En.wikipedia.org. (2019). District of Columbia Delegate Act. [online] Available at: https://en.wikipedia.org/wiki/District_of_Columbia_Delegate_Act [Accessed 27 Apr. 2019].

Slavenorth.com. (2019). Emancipation in New York. [online] Available at: http://slavenorth.com/nyemancip.htm [Accessed 27 Apr. 2019].