USA > Washington DC > Washington DC > Historical sketches of the ten miles square forming the District of Columbia : with a picture of Washington, describing objects of general interest or curiosity at the metropolis of the Union. > Part 2
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Location-President's Proclamation, 1790.
tioned; and the district so defined, limited and located, shall be deemed the district accented by this act, for the permament seat of the government of the United States.
Sec. 3. And be it enacted, That the said commissioners, or any two of them, shall have power to purchase or accept such quantity of land on the eastern side of the said river, within the said district, as the president shall deem proper tor the use of the United States, and according to such plans as the pres- ident shall approve, the said commissioners, or any two of them, shail, prior to the first Monday in December, in the year one thousand eight hundred, provide suitable buildings for the ac- commodation of congress, and of the president, and for the public offices of the government of the United States.
Sec. 4. And be it enacted, That for defraying the expense of such purchases and buildings, the president of the United States be authorized and requested to accept grants of money.
Sec. 5. And be it enacted, That prior to the first Monday in December next, all offices attached to the seat of the govern- ment of the United States, shall be removed to, and until the said first Monday in December, in the year one thousand eight hundred, shall remain at the city of Philadelphia, in the state of Pennsylvania, at which place the session of congress next ensuing the present shall be held.
Sec. 6. And be it enacted, That on the said first Monday in December, in the year onethousand eight hundred, the seat of the government of the United States, shall, by virtue of this act be transferred to the district and place aforesaid. And all offi- ces attached to the said seat of government, shall accordingly be removed thereto by their respective holders, and shall, after the said day, cease to be exercised elsewhere; and that the ne- ยท cessary expense of such removal shall be defrayed out of the duties on impost, and tonnage, of which a sufficient sum js hereby appropriated. July 16, 1790: - APPROVED,
GEORGE WASHINGTON, President of the United States.
By the President of the U. S. of America, A Proclamation.
Whereas, the general assembly of the state of Maryland, by an act passed on the 23d day of December, 1788, entitled, " An act to cede to Congress a district of ten miles square in this state, for the seat of the government of the U. States, "
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President's Proclamation, 1791.
did enact, that the representatives of the said state, in the House of Representatives of the Con- gress of the United States, appointed to assemble at New York, on the first Wednesday of March then next ensuing, should be, and they were here- by authorized and required, on behalf of the said state, to cede to the Congress of the United States any district in the said state, not exceeding ten miles square, which the Congress might fix upon and accept for the seat of government of the Uni- ted States.
And the general assembly of the commonwealth of Virginia, by an act passed on the third day of December, 1789, and entitled " An act for the cession of ten miles square, or any lesser quantity of territory within this state, to the United States in Congress assembled, for the permanent seat of the general government," did enact, that a tract of country not exceeding ten miles square or any lesser quantity, to be located within the limits of the said state, and in any part thereof, as Con- gress might by law direct, should be, and the same was thereby forever ceded and relinquished to the Congress and government of the United States, in full and absolute right, and exclusive jurisdic- tion, as well of soil as of persons residing, or to reside, thereon, pursuant to the tenor and effect of the eighth section of the first article of the con- stitution of government of the United States.
And the Congress of the United States, by their act passed the 16th day of July, 1790, and enti- tled " An act for establishing the temporary and permanent seat of the government of the United States," authorized the President of the United States to appoint three commissioners, to survey
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President's Proclamation, 1791.
under his direction, and by proper metes and bounds, to limit a district of territory, not exceed. ing ten miles square, on the river Potomac, al some place between the mouth of the Eastern Branch and Conococheague, which district, so te be located and limited, was accepted by the said act of Congress, as the district for the permanent seat of the government of the United States.
" Now, therefore, in pursuance of the powers to me confided, and after duly examining and weighing the advantages and disadvantages of the several situations within the limits aforesaid, 1 de hereby declare and make known, that the location of one part of the said district of ten miles square, shall be found by running four lines of experi- ment in the following manner, that is to say: run- ning from the court house in Alexandria, in Vir. ginia, due south-west half a mile, and thence a due south-east course, till it shall strike Hunting Creek, to fix the beginning of the said four lines of experiment:
"Then beginning the first of the said four lines of experiment at the point on Hunting Creek, where the said south-east course shall have struck the same, and running the said first line due north. west ten miles; thence the second line into Ma- ryland, due north-cast ten miles; thence the third line due south-east ten miles; and thence the fourth line due south-west ten miles, to the beginning on Hunting Creek.
" And the said four lines of experiment being so run, I do hereby declare and make known, that part within the said four lines of experiment which shall be within the state of Maryland, and above the Eastern Branch, and all that part within the
President's Proclamation, 1791.
23
same four lines of experiment which shall be with- in the commonwealth of Virginia, and above a line to be run from the point of land forming the Upper Cape of the mouth of the Eastern Branch due south-west. and no more, is now fixed upon and directed to be surveyed, defined, limited and located for a part of the said district accepted by the said act of Congress for the permanent seat of the government of the United States; hereby ex- pressly reserving the direction of the survey and location of the remaining part of the said district, to be made hereafter contiguous to such part or parts of the present location as is or shall be a- greeably to law.
" And I do accordingly direct the said commis- sioners. appointed agreeably to the tenor of the said act, to proceed forthwith to run the said lines of experiment, and the same being run, to survey, and by proper metes and bounds, to define and limit the part within the same, which is herein be- fore directed for immediate location and accept- ance; and thereof to make due report to me, un- der their hands and seals.
In testimony whereof, I have caused the seal of the U. States to be affixed to these presents, and signed the same with my hand. Done at the City of Philadelphia, the 24th day of January, in the year of our Lord 1791, and of the Inde- pendence of the United States the fifteenth.
GEORGE WASHINGTON. By the President. THOMAS JEFFERSON.
Dy the President of the U. S. A Proclamation. [. Imendatory.]
" Whereas, by a proclamation, bearing date the Sith day of January, of this present y car, and in pursuance of certain acts of the states of Maryland and Virginia, and of the Congress of the United States therein mentioned, certain
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34 President's Proclamation, 1791.
lines of experiment were directed to be run in the neighbor- hood of Georgetown, in Maryland, for the purpose of deter- mining the location of a part of the territory of ten miles square, for the permanent seat of the government of the United States; and a certain part was directed to be located within the said lines of experiment on both sides of the Potomac, and above the limit of the Eastern Branch, prescribed by the said act of Congress-
" And Congress, by an amendatory act, passed on the 3d day of this present month of March, have given further authority to the president of the United States " to make any part of the said territory, below the said limit, and above the mouth of Hunting Creek, a part of the said district, so as to include a convenient part of the Eastern Branch and of the lands lying on the lower side thereof, and also the town of Alexandria."
" Now therefore, for the purpose of amending and complet- ing the location of the whole of the said territory of ten miles square, in conformity with the said amendatory act of Congress 1 do hereby declare and make known that the whole of the said territory shall be located and included within the four lines following, that is to say:
" Beginning at Jones' point, being the upper cape of Hunting Creek in Virginia, and at an angle in the outset of 45 degrees west of the north, and running in a direct line ten miles for the first line; then begining again at the same Jones' point, and run- ning another direct line at a right angle with the first, across the Potomac, ten miles, for the second line; then from the ter- minations of the said first and second lines, running two other direct lines, of ten miles each, the one crossing the Eastern Branch aforesaid and the other the Potomac, and meeting each. other in a point.
And I do accordingly direct the commissioners, named un- der the authority of the said first mentioned act of Congress, to procced forthwith to have the said four lines run, and by pro- per metes and bound's defined and limited; and thereof to make due report under their hands and seals; and the territory so to be located, defined, and limited, shall be the whole territory accepted by the said act of Congress, as the district for the per- manent seat of the government of the United States.
In testimony whereof, I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. Done at George-Town aforesaid, the 30th day of March, in the year of our Lord, 1791, and of the Independence of the United States the fifteenth.
GEORGE WASHINGTON, By the President. THOMAS JEFFERSON,
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Ratification of Cession by Maryland.
25 An Act [of Maryland] concerning the territory of Columbia, and the City of Washington.
" Whereas, the president of the United States, by virtue of several acts of congress, and acts of the assemblies of Virginia and Maryland, by his proclamation, dated at George- town, on the thirtieth day of March, seventeen hundred and ninety-one, did declare and make known, that the whole of the territory of ten miles square, for the permament seat of govern- ment of the United States, shall be located and included within the four lines following, that is to say: Beginning at Jones' Point, being the upper part of Hunting creek, in Virginia, and at an angle in the outset of forty-five degrees west of north, and run- ning a direct line ten miles for the first line, then beginning again at the same Jones' Point, and running another direct line at a right angle with the first across the Potomac, ten mile's, for the second line, then from the terminations of the said first and second lines, running two other direct imes ten miles cach, the one crossing the Eastern Branch, and the other Potomac, and meeting each other in a point; which has since been called the Territory of Columbia: And whereas Notley Young Dan- ict Carroll, of Duddington, and many others, proprietors of the greater part of the land hereinafter mentioned to have been laid out in a city, came into an agreement, and have conveyed their lands in trust to Thomas Beall, son of George, and John M ckall Gantt, whereby they have subjected their lands to be laid out as a city, given up part to the United States, and sub- jected other parts to be sold to raise money as a donation to be employed according to the act of congress for establishing the temporary and permanent seat of the government of the Unit- ed States, under and upon the terms and conditions contained in each of the said deeds; and many of the proprietors of lots in Carroll burg and Hamburgh, have also come into an agree- went, subjecting their lots to be laid out anew, giving up one- half of the qu. ntity thereof to be sold, and the money thence arising to be applied as a donation as aforesaid, and they to be reinstated in one-half of the quantity of their lots in the new location, or otherwise compensated in land in a different situa- tion within the city, by agreement between the commissioners and them, and m case of disagreement, that then a just and full compensation shall be made in money; yet some of the pro- prictors of lots in Carrollsburgh and Hamburgh, as well as some of the proprietors of other lands, have not, from imbecility and otimer causes, come into any agreement concerning their Heads within the limits hereinafter mentioned, but a very gres wpre-
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Ratification of Cession by Maryland.
portion of the land-holders having agreed on the same terms, the President of the United States, directed a city to be laid out, comprehending all the lands beginning on the east side of Rock creek, at a stone standing in the middle of the road lead- ing f. om Georgetown to Bladensburg, thence along the middle of the said read, to a stone standing on the east side of the Reedy branch of Goose ereck, thence southeasterly, making an angle of sixty-one degrees and twenty minutes with the meridian, to a stone standing in the road leading from Bladensburgh to the Eastern Branch ferry, then south to a stone eighty poles nerth of the east and west line already drawn from the mouth of Goose creek to the Eastern Branch, then cast, parallel to the said east and west line, to the Eastern Branch, then with the waters of the Eastern Branch, Potomac river and Rock creek, to the beginning, which has since been called the City of Washington: And whereas it appears to this general assembly highly just and expedient, that all the lands within the said city should contribute, in due proportion, in the means which have already very greatly enhanced the value of the whole; that an incontrovertible title ought to be made to the purcha- sers, under public sanction; that allowing foreigners to hold Jand within the said territory, will greatly contribute to the improvement and population thereof; and that many temporary provisions will be necessary till congress exercise the jurisdic- tion and government over the said territory: And whereas, in the cession of this state. heretofore made, of territory, for the government of the United States, the lines of such cession could not be particularly designated; and it being expedient and proper that the same should be recognized in the acts of this state ---
$$ 2. Be it enacted by the General Assembly of Maryland, That all that part of the said territory, called Columbia, which lies within the limits of this state, shall be and the same is here- by acknowledged to be forever ceded and relinquished to the congress and government of the United States, in full and ab- solute right, and exclusive jurisdiction, as well of soil as of per- sons residing, or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the constitution of government of the United States: Provided, 'That nothing herein contained shall be so constructed to vest in the United States any right of property in the soil, as to effect the rights of individuals therein, otherwise than the same shall or may be transferred by such individuals to the United States: And Provided also, That the jurisdiction of the laws of this state, over the persons and property of individuals residing within
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Ratification of Cession by Maryland.
the limits of the cession aforesaid, shall not ecase or determine until congress shall, by law, provide for the government there- of, under their jurisdiction, in manner provided by the article of the constitution before recited.
" 3. And be it cnacted, That all the lands belonging to minors, persons absent out of the state, married women, or persons non compos mentis, or lands the property of this state, within the limits of Carrollsburgh and Hamburgh, shall be and are hereby subjected to the terms and conditions herein before re- cited, as to the lots where the proprietors thereof have agreed concerning the same; and all the other lands, belonging as aforasaid, within the limits of the said city of Washington, shall be, and are hereby subjected to the same terms and conditions as the said Notley Young, Daniel Carroll, of Duddington, and others, have by their said agreements and deeds, subjected their lands to, and where no conveyances have been made, the legal estate and trust are hereby invested in the said Thomas Beall, son of George, and John Mackall Gantt, in the same manner as if cach proprietor had been competent to make, and had made, a legal conveyance of his or her land, according to the form of those already mentioned, with proper acknowledg- ments of the execution thereof, and where necessary, of release of dower, and in every case where the proprietor is an infant, a married woman, insane, absent out of the state, or shall not attend on three months' advertisements of notice in the Mary- land Journal and Baltimore Advertiser, the Maryland Herald and in the Georgetown and Alexandria papers, so that allot- ment cannot take place by agreement, the commissioners afore- said, or any two of them, may allot and assign the portion or share of such proprietor as near the old situation as may be, in Carrollsburgh and . amburgh, and to the full value of what the party might claim under the terms before recited; and, as to the other lands within the said city, the commissioners afore- sant, or any too of them, shall make such allotment and as- ughment, within the lands belonging to the same person, in alternate lots, determining by lot or ballot, whether the party shall begin with the lowest number: Provided, That in the exses of coverture and infancy, if the husband, guardian, or next friend, will agree with the commissioners, or any two of them, then an effectual division may be made by consent; and in case of contrary claims, if the claimants will not jointly agree, the commissioners may proceed as if the proprietor was absent; and all persons to whom allotments and assignments of lands shall be made by the commissioners, or any two of them, on consent and agreement, or pursuant to this act without consent,
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Ratification of Cession by Maryland.
shall hold the same in their former estate and interest, and in lieu of their former quantity, and subject in every respect, to all such limitations, conditions and ineumbrances, as their for- mer estate and interest, and in lieu of their former quantity, and subject, in every respect, to all such limitations, conditions and incumbrances, as their former estates and interests were sulyect to, and as if the same had been actually re-conveyed pursuant to the said deed in trust.
"4. And be it enacted, That where the proprietor or propri- etors, possessor or pos-essors, of any lands within the limits of the city of Washington, or within the limits of Carrollsburgh or Hanbugh, who have not already, or who shall not, within three months after the passage of this act, execute deeds in trust to the aforesaid Thomas Beall and John M. Gantt, of all their lands within the limits of the said city of Washington, and on the terms and conditions mentioned in the deeds already exe- cuted by Notley Young, and others, and execute deeds in trust to ibe said Thomas Beall and John M. Gantt, of all their lots in the towns of Carrollsburgh and Hamburgh, on the same terms and conditions contained in the deeds already executed by the greater part of the proprietors of lots in the said towns, the said commissioners, or any two of them, shall and may, at any time or times thereafter, issue a process, directed to the sheriff of Prince George's county, commanding him, in the name of the state, to summon five good substantial freehold- ers, who are not of kin to any proprietor or proprietors of the lands aforesaid, and who are not proprietors themselves, to meet on a certain day, and at a certain place, within the limits of the said city, to inquire of the value of the estate of such proprietor or proprietors, possessor or possessors, on which day and place the said sheref shall attend, with the freehold- ers by hito summoned; which freeholders shall take the fol- lowing oath, or offirmation, on the land to be by them valued, to wit: "I, A. B. do solemnly swear, (or affirm, ) that I will, to the best of my judgment, value the lands of C. D. now to be valued, so as to do equal right and justice to the said C. D. and to the public, taking into consideration all circumstances," :: nd shall then proceed to value the said lands; and such valuation; under their hands and seals, and under the hand and seal of the said sheriff', shall be annexed to the said process, and returned by the sheriff to the clerk appointed by virtue of this act, who shall make record of the same, and the same lands shall, on the payment of such valuation, b. and is hereby vested in the said commissioners in trust, to be disposed of by them, or otherwise employed to the use of the said city of Washington, and the
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Ratification of Cession by Muryland.
sheriff aforesaid, and freeholders aforesaid, shall be allowed the same fees for their trouble as are allowed to a sheriff and jurymam in executing a writ of inquiry; and in all cases where the proprietor or possessor is tenant in right of dower, or by thee artesy, the freeholders aforesaid shall ascertain the annu- al value of the lands, and the gross value of such estate thereity and upon paying such gross value, or securing to the possessor the payment of the annual valuation, at the option of the pro- prietor or possessor, the commissioners shall be, and are here- le vested with the whole estate of such tenant, in manner, and for the uses and purposes aforesaid.
** 5. . Ind be it enacted, That all the squares, lots, pieces and parcels of land within the said city, which have been er shall be appropriated for the use of the United States, and also the streets, shall remain and be for the use of the United States; and all the lots and parcels, which have been, or shall be sold to raise money as a donation as aforestid, shall remain and be to the purchasers, according to the terms and conditions of their respective purchase; and purchases and leasses from private persons claiming to be proprietors, and having, or those under whom they claim having, been in the possession of the lands purchased or leased, in their own right, five whole years next I love the passing of this act, shall be good and effectual for the estate, and on the terms and conditions of such purchases sud leasses respectively, without impeachment, and agau.s. uy contrary title now existing; but if any person hath made a con- Yryanice. or shall make a conveyance or lease. of any land's with- in the limits of the said city, not having right and title t: 10 80, the person who might be entitled to recover the land unsere contrary title now existing, may, either by way of eject rent against the tenant, or in an action for money had and received for huis use against the bargainer or lessor, Ins heirs, execut n's, administrator, or devisees, as the case may require, recover all money received by him for the squares, pieces, or parcale, appropriated for the use of the United States, as well as for Inte or parcels sold, and rents received, by the person not having title as aforesaid, with interest from the time of the recent; and. on such recovery in ejectment, where the land is in lease, the tenant shall thereafter hold under, and pay the rent res- erved to, the person making title to and recovering the land; but the possession bona fide acquired, in none of the said cas. cy shall be changed.
" 6. ind be it enacted, That any foreigner may, by decd er will hereafter to be made, take and hold lands within that part of the said territory which lies within this state, in the
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Ratification of Cession by Maryland.
same manner as if he was a citizen of this state, and the same lands may be conveyed by him, and transmitted to, and be in- herited by, his heirs or relations, as if he and they were citi- zens of this state: Provided, That no foreigner shall, in vir- tue hereof, be entitled to any further or other privilege of a citizen.
" 7. And be it enacted, That the said commissioners, or any two of them, may appoint a clerk for recording deeds of lands within the said territory, who shall provide a proper book for the purpose, and therein record, in a strong legible hand, all deeds, duly acknowledged, of lands in the said territory, deli- vered to him to be recorded, and in the same book make due entries of all divisions and allotments of lands and lots made by the commissioners in pursuance of this act, and certificates granted by them of sales, and the purchase money having been paid, with a properalphabet in the same book of the deeds and entries aforesaid, and the same book shall carefully preserve, and deliver over to the commissioners aforesaid, or their sue- cessors, or such person or persons as congress shall hereafter appoint; which clerk shall continue such during good behaviour, and shall be removeable only on conviction of misbehaviour in a court of law; but before he acts as such, he shall take an oath, or affirmation, well and truly to execute his office; and he shall be entitled to the same fees as are or may be allowed to the clerks of the county courts for searchers, copying and re- cording.
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