Mr. DAVIS. I happened to be a member of the HoRep when Alexandria was retroceded to Virginia, and I voted against the measure. Ivoted against it because I did not think it was competent for Congress to make the retrocession. I am still of i at opinion. I believe that the act of retrocession was outside of the competence and power of Congress, and is void; but whether it is or not, to my mind is a judicial question. I am not now disposed to, vote and will not vote for the repeal of that law. If the act liad‘any validity, and one of its effects ms to retransfer to the State of Virginia the people of that portion of the DistCol, and ifI was a citizen of Alexandria, I would want the retro cession to remain perpetual. In God’s name I should never want to come under the government of Congress. I would certainly much prefer to be under the government of the State of Virginia if I were a citizen of Alexandria. If Iwere a citizen of Georgetown, and the retrocession had been of the portion of the State of Maryland that was originally ceded by that State to the General Government, I should desire that that retrocession should be valid and perietual. As a citizen of Virginia or a citizen of Maryland I never would want to be under the government of the Congress of the U.S. That portion of the District that we have not ceded back. that is, the portion which was ceded by Maryland for the purposes of the General Government, it seems to mo gives to Congress quite enough trouble. Legislation upon the subject of the people of this District, as it has been mutilate, as I think, by an unconstitutional iict, engrosses a large portion of the time of Congress. It is a source of much difficulty and vexation in Congress to legislate properly for it and a very considerable expense tot ie U.S. Treasury. It seems to me that if Alexandria was brought back to the district by a repeal of the retrocession law it would only increase proportionately the labors of congress in legislating for twice as many peoplein the DistCol as they have now to legislate for; and it would have the further effect, which to my mind is much more objectionable, of bringing a large additional population to submit to a state of things where they would have no right of self government. About the same time Texas was annexed to the U.S. by JtResolution. We all know that a treaty had been 1st formed between Texas and the U.S. under Mr. Tyler’s administration; a treaty, I believe, negotiated by Mr. Calhoun for the cession of Texas as foreign territory to the U.S. That treaty was opposed at the time by the Democratic party, and most vehemently and ably and persistently by Senator Benton; and the treaty was rejected. After the treaty was rejected the JtResolution of Congress was introduced for the purpose of admitting Texas as a Stateiuto the Union. I then hap cued to be a member of Congress and I votediagainst the annexation of Texas in that way, because I then believed and I still believe that foreign territory cannot be annexed to the U.S. by aJtResolution of Congress. congress has no powers but legislative powers, and the scope of its powers oes include val idly, as Iconceive, the actof admitting foreign territory, even in the form of a State, into t ie Union as one of the States of the U.S. I thought it was an illegitimate mode of acquiring the annexation of foreign territory to the U.S. I am still of that opinion. I believe that the JtResolution was against the Constitution and was void and ineffectual. But that now has become a judicial question; and if there was a proposition offered in congress to repeal the JtResolution annexing Texas I would notvote for the passage of such a resolution recaling that Jtresolutiou' why? The act lius been done by the forms of authority. Whether the act be constitutional and valid or not is now a judicial question. It has passed, as I think, properly from the legislative dept to the courts. I think that the question still could be made of the validity of the annexation of Texas to the U.S. by JtResolution in the courts of the country. So in relation to the retrocession of Alexan dria to Virginia. I may be mistaken, but in my own mind I have no doubt that the question of the validity of that retrocession might be made judicially in the courts of the country, and I think it ought to go there. I will not pretend to say whether the act of retrocesson is valid or not; I cannot say so; but I believe that it is invalid. That is the conclusion of my own judgment. It was so at the time the net of retrocession passed and my opinion has not since undergone any change. I still believe that it was an invalid, unconstitutional act, and beyond the competency of Congress. Whether it be invalid and unconstitutional or not, in my opinion could betested at any time in the simplest form in our courts of justice, and I think that the question ought to go there. But, sir, if the act of retrocession was valid, it gave to the State of Virginia rights in that territory retroceded. Whether it could be ceded back again by the State of Virginia under the original provision of the Constitution for getting ten miles square for the seat of the General Government is another question. It might be done; probably it could be done. But upon the proposition thatif the act of retrocession was valid it invests Virginia with the title as a part of the Commonwealth of Virginia to the country so retroceded, I have no doubt. If that be the effect of it, then the act cannotnow be repealed so as to diWestVirginia of her right to Alexandria and to the portion of the country outside the city of Alexandria that was included in the act of retrocession. I will put another case. I believed, and I still believe, that the State of WestVirginia was organized unconstitutionally, without proper and valid authority and that legally and constitutionally WestVirginia is not now a State of the Union. But whether this be so or not, I hold to be a judicial question. no longer to be submitted to the“legislative dept of the Government, but to the courts; and if at this session or any future session when I might happen to be a member of Congress, an effort was made to repeal the laws and the action of the 2 Houses of Congress in relation to the erection of WestVirginia into a State of the Union, I would vote against any such legislation, and I would do it upon the same principle that I now stand opposed to the repeal of law retroceding Alexandria to Virginia, because I think the action of Congress upon both subjects has placed the question in the form of a judicial question and beyond the legitimate pale of the legislative action of the government. Myvote will be to leave the question in the present case, and in relation to WestVirginia, if itever should come up, to the courts, to be decided by the courts upon the constitutionality and the validity of the action of congress in the 2 cases. Certainly, sir, if I was a citizen of Alexan' dria I should never want to be made subject, as a part of the ten miles square, to be brought under the jurisdiction of Congress. IfI resided there, I should regard it as one tithe greatest individual misfortunes to me and to the particular community in which I lived for this reannexation to take place. I have had from observation a good eal of exerience as to the legislation of Congress for this District. I have observed it for 8 years in the other House and for now 5 years in the Senate; and certainly during that whole period, without any exception as to times or parties, among the worst governments I have ever known has been the government by Congress of the DistCol. If I were a citizen of Alexandria, I would say “The Lord deliver me from congressional government;” and I have no doubt man of the citizens there wilf say so. I0not think it is proper, or just, or within the proper exercise of the powers of Congress, to repeal the bill that retroceded Alexandria to Virginia, and, without consulting the Commonwealth of Virginia, as it at present exists, and the people of Alexandria, to attempt to bring those people into the DistCol. For these reasons I shall vote against the measure.