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 33

Author: Elliot, Jonathan, 1784-1846. 4n
Publication date: 1830
Publisher: Washington : Printed by J. Elliot, Jr.
Number of Pages: 1114


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 33


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39


Building fots, as above,.


1,083,891 77


Donation from the State of Virginia, 120,000 00


Do du Maryland, ... .. 72,000 00


$1,979,702 77


Amounting in grounds and donations, to the sum of one million nine hundred and seventy-nine thousand seven hun- dred and two dollars and seventy-seven cents, accruing to the United States from the mere circumstance of locating the seat of Government at this place.


The expenditures on the public buildings in this city, have been as follows:


On the wings of the capitol, previous to their destruction iu 1814, ... $788,071 98


On the President's house, previous to 1814, 333,207 00


On the public offices do do 93,014 00


Rebuilding the wings of the Capitol,. 687,126 00


Do President's house including two por- ticos erected since,. 301,496 25


Rebuilding public offices,. 68,317 00


Erecting centre building of the Capitol. 957,647 36


$3,228,879 50


-


£


486


Cost of Public Buildings.


The appropriations made by Congress, for . objects within the District of Columbia, exclusive of buildings for the accom- modation of Government, have been as follows, as far as I have been able to ascertain them, viz:


1800 Making a footway from Georgetown to the Capitol, ..


$10,000 00


1803 Improving Pennsylvania Avenue, .. 13,466 69


1807 Repairing and opening streets and avenues, 3,000 00


1823 Streets and foot pavements,. 5,000 00


1824 Footways b'n Capitol and executive offices, 5,000 00


1825 Read around Capitol square,. .3,018 00


1825 Road adjoining President's Square. . 1,080 00


1824 Enclosing pub. burial ground, (East. Br.). 2,000 00


1823 Court house for Circuit Court.


10,000 00


1824 Fitting up the same ..


1,116 00


1809 Building a Jail in Washington $ 5,800 00


1803 Do do do 5,902 66


1826 Repairing do


do 5,000 00


1826 Penitentiary in the District, ...


40,000 00


1897 Do


do 15,590 00


Do


do 22,387 97


1829


do 27,000 00


121,480 63


1826 Jail in Alexandria. 10,000 00


1828 Do do. 1,699 16


11,609 16


$186,860 48


Court house, jails, and penitentiary. 144,295 79


Other objects. 42,564 09


$186,8G0 48


The distances between the Capitol and the executive offices are as follows, viz: Yards.


654


Circular road ..


Pennsylvania Avenue, from Circular road to 15th st ... 2,318


'Thence to front of the President's house 50%


Thence to the Navy office .. $20


Total distance, yards. 3,909


......


487


Charter of Washington.


NOTE.


In the enumeration of the powers of Congress, as contained within the Sth section of the 1st article of the Constitution of the United States, is the following.


"' To exercise exclusive legislation in all cases whatsoever, over such district, (not exceeding ten miles square ) as may, by cession of particular states, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased by the con- sent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings."


CHARTER OF WASHINGTON. Abstract of the Act of Incorporation, or Charter of the City. Passed by Congress, 15th May, 1820.


Sec. 1. In this section, all former acts of incorporation arc declared to be repealed. It provides, however, that the mem- bers of the Corporation in office at the time of the passage of this act are to continue as such until the expiration of the terms for which they were respectively appointed: and all their acts done in pursuance of former acts of incorporation, and not in- inconsistent with this one, are to remain valid.


Sec. 2. enacts that the inhabitants of Washington shall con- tinue to be a body politie and corporate, by the name of the " Mayor, Board of Aldermen, and Board of Common Council. of the City of Washington;" and, by their corporate mune, are authorized to do all acts as natural persons; and that they may have a city seal, which they may alter at pleasure.


Sec. 3. declares that the Mavor shall be elected biennially, commencing on the first Monday in June, 1820, at the same time and place, in the same manner, and by the persons qual- ified to vote for the Boards of Aldermen and Common Council. Commissioners of Election are to make out duplicate comili- cates of the result of the election, and returnone to each Board on the Monday following the election; and the person having the greatest number of votes shall be the mayor; but in case 2 or more, highest in vote, shall have an equal number, then the Boards are to determine, by ballot in joint meeting, the choice between them. The Mavor must, on the Monday en- suing his election, take an oath in presence of the two Boards, to be administered be a justice of the peace, " lawfully to execute the duties of his office, to the best of his skill and Judgment, without favor or partiality." By virtue of his office,


488


Charter of Washington.


he is to be a justice of the peace for the county of Washington, He is empowered, with the consent of the Board of the Aldert men, to appoint all officers under the corporation, (excep? commissioners of election,) and may remove them at pleasure. He may appoint persons to fill vacancies which occur during the recess of said Board, to hold their offices until the end of the then ensuing session. He may convene the two Boards when in his opinion the publie good may require it; he shall lay before them in writing such alterations in !the laws of the corporation as he may deem proper; and he shall receive for his services, annually, a compensation, which shall not be al- tered during his continuance in office. Any person is eligible to the office of Mayor, who is a free white male citizen, thirty years of age, has been a resident of the city for two years pre- ceding the elcetion, and who is the bona fide owner of a free- hold estate in the city. In ease of the refusal of the Mayor elect to accept of the office, or of his death, resignation, ina- bility, or removal, the said Boards shall elect another, to serve for the remainder of the term, or during such ina- bility.


Sec. 4. enacts that the Board of Aldermen shall consist of two members to be residents in, and chosen from, each ward, by the qualified voters therein, to be elected for two years, from the Monday next ensumg their election. The Board of Common Council shall consist of three members from each ward, to be chosen in like manner, for one year. Each Board shall meet at the council chamber, at ten o'clock, on the 24 Monday in June in every year, and at such other times as they may by law direct. A majority of each Board is necessary to forin a quorumn; but a less number may adjourn from day to day. They may compel the attendance of absent members; and regulate their own compensation. Each Board to choose its own President, who is entitled to a vote. They shall fix their rules of proceeding, choose their own officers, regulate their compensations, and remove them at pleasure. They may, three-fourths coneurring, expel any member for disorder- ly behaviour or malconduct in office, but not a second time for the same offence. Each Board shall keep a journal of its pro- eeedings, and the yeas and nays shall be entered thereon at the request of any member. Their deliberations shall be public, All their ordinances or acts shall be sent to the Mayor, and, if approved by him, shall be obligatory. ` But if the Mayor does not approve of any ordinance or net, he shall return it within five days, with the reasons, in writing, of his disapproval; But if, on a reconsideration, two- thirds of both Boards agres


برجاد .


489


Charter of Washington.


to pass the same, it shall be valid. If the Boards, by their adjournment, prevent its return, it shall not be obligatory .


Sec. 5. designates the qualifications of members of the two Boards, and of voters. No person is eligible to a seat in ei- ther Board, unless he is upwards of twenty-five, a free white male citizen, has resided in the city for one year next preced- ing the election, is a resident of the ward for which he is elec- ted, the bona fide owner of a freehold estate in the city, and shall have been assessed on the books of the Corporation for the year ending on the 31st of December next preceding the election. Voters must be in like manner qualified, except that it is not requisite for them to own a freehold estate, nor to be more than twenty-one; voters must, however, in addition to the above qualifications, have paid all taxes legally assessed and due on personal property, when legally required to pay the same, before they can exercise the right of suffrage. It is enjoined upon the City Register, or such person as the corpo- ration may direct, to furnish the commissioners of election in each ward, previous to every election, with a list of the per- cons having a right to vote.


Sec. 6. requires an election for members of the two boards to be held on the first Monday in June, annually. Three com- missioners are to be appointed for each ward, by the boards in joint meeting, ten days at least before the election. It shall be the duty of the commissioners to give at least five days' no- tice of the places where the election is to be held. They are to take an oath " truly and faithfully to receive and return the votes of such persons as are by law entitled to vote for mem- bers of the two boards in their respective wards; and not know- ingly to receive or return the vote of any person who is not legally entitled to the same. " The polls shall be opened a> ten in the morning, and close at seven in the evening. As co. as the polls are closed, the commissioners shall make out a correct return of the persons having the greatest number of legal votes for members of the two boards, rezpetively, toge- ther with the number of votes for each person voted for. The persons having the greatest number of votes, shall be duly elected; and in all cases of an equality, the commissioners shall decide the choice by lot. The said returns shall be made -made to the Mayor on the day following the election, who shall cause them to be published. A dupheute return, Loge- ther with a list of the persons who voted, shall also be made at the same time, to the City Register, who shall record the same; and shall, within two days thereafter, notify the several persons retorned of their election. Each board shall judge


490


Charter of Washington.


of the legality of the elections of its own members, and shall supply vacancies in its own body, by causing elections to fill the same, and appointing commissioners who are to give the usual notice of the time and place of holding such elections .-- The members feither Board shall take an oath or affirmation " faithfully to execute the duties of his office to the best of his knowledge and ability," to be administered by the Mayor or a justice of the peace.


Sec. 7. defines the powers of the Corporation. They are authorized to tax all real and personal property, provided said tax does not excecd three-fourths per cent. on the assessment except for special purposes; wearing apparel, or the necessary tools and implements used in carrying on the trade and occu- pation of any person, not to be taxed, nor subject to seizure for taxes; after providing for all objects of a general nature, the balance of taxes to be expended in the ward where raised. The corporation shall have power to establish a board of health who shall have authority to enforce its regulations, and take measures to prevent the introduction of contagious diseases -- prevent and remove nuisances; establish night watches; treet lanips; preserve the navigation of the rivers; erect and regu- late public wharves; deepen creeks, doeks, and basins; rogu- late the manner of erecting private wharves, and their rates of wharfage; the stationing of vessels; provide for lincensing, taxing, and regulating auctions, retailers, ordinaries and taverns carriages, wagons, carts and drays, pawn brokers, renders of lottery tickets, money changers, and hawkers and pedlars; theatrical or public shows; tippling houses, lotteries, and all kinds of gaming; regulate and establish markets; erect bridges; open and keep in repair streets and drains, agreeably to the plan of the city; supply water; provide for the safe keeping of the standard weights and measures, as fixed by Congress, and regulate those used in the city; regulate the sweeping of chim- nevs, and the fees therefor; provide for the prevention and extinguishment of fires; regulate the size of bricks; provide for the inspection of lumber and other building materials; aud with the approbation of the President of the United States, to regulate the manner of erecting, and the materials to be used in the creation of houses; regulate the inspection of country produce, and salted provisions; the gauging of casks and li- quors; the storage of gunpowder, and all naval and military stores not the property of the United States; to impose and appropriate fines, &c. for the breach of their laws; and to pro- vide for the appointment of the officers necessary to execute the laws of the Corporation.


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491


Charter of Washington.


Sec. 8. further empowers the Corporation to tax particul." wards, or parts, for their local improvement; and, upon appli- cation of the owners of more than one half of the property upon any portion of a street, to cause the curb stones to be set and the foot way to be paved, on such portion, and to tax such property to the amount of the expense thereof, provided said tax shall not exceed three dollars per front foot. Upon like application, they may cause the carriage way to be paved, or lamps erected, the expense to be defrayed by the imposition of a tax on the lot fronting the portion so improved; and if said tax is not paid within thirty days after it becomes due, an in- terest at the rate of ten per cent. per annum, may be demand- ed. The corporation is authorized to establish, superintend, and endow, public schools; all necessary public institutions and buildings, and impose taxes to defray the expense thereof; re- gulate party walls and fences, and determine by whom they shall be kept in repair; cause new alleys to be opened, and ex- tend those already laid out, in any square, upon application of the owners of more than half of the property in such square; but it is provided, that if any individual suffers damage, he shall be indemnified therefor by the corporation, after the amount shall have been ascertained by a jury summoned by the mar- shal; the amount of damages, and the expenses accruing, to be levied upon the property benefitted. They are empowered to improve, for public purposes, with the consent of the Presi- dent, any public ground, not interfering with private rights; regulate the admeasurement and weight by which all articles for sale shall be disposed of; provide for the appointment of appraisers and measurers of builders' work and materials, and of wood, coat, grain, and lumber; restrain the disorderly meet- ings of slaves, free negroes, and mulattoes, and punish such slaves by whipping, not exceeding forty stripes, or by impris sonment, not exceeding six months, for one offence; and to punish such free negroes and mulattoes by penalties not ex- ceeding twenty dollars for one offence, and in case of their in- ability, to confine them not exceeding six months; and they may cause all vagrants, disorderly or suspicious persons, eves- droppers, and night-walkers, gamblers, prostitutes, and all who lead an immoral course of life, to give security for their good ichavionr, and to indemnity the city againt any charge for their support, and if they do not give such security, to con- fine them to labor, net exceeding one year at a time; to bind out poor orphans, and the children of vagrants and paupers; prescribe the terms upon which free negroes and mulattoes may reside in the city; authorize, with the approbation of the.


492


Charter of Washington.


President of the United States, the drawing of lotteries for making those improvements in the city which the ordinary re- venue will not accomplish, for ten years, provided the amount 80 raised shall not exceed $10,000 in any one year, clear of expenses; to regulate burying grounds; provide for the regis- tering of births, deaths, and marriages; to punish colored ser- vants or slaves, for a breach of their laws, unless the master of such servants or slaves shall pay the fine; and they may pass all laws which may be deemed necessary to carry into execu- tion the powers vested by this act in said Corporation.


Sec. 9. Makes it the duty of the Marshal of the District of Columbia, to keep within the jail for the county of Washing- ton, all persons committed thereto, by authority of this act; and where suits shall be had before a justice of the peace, for the recovery of fines, by the Corporation, executions shall be issued, as in other cases of small debts.


Sec. 10. Authorises the sale by auction of real property, on which two years taxes are due, or so much thereof as may be necessary to pay such taxes and costs; public notice there- of to be given in some newspaper of the city, once a week for six months, when the property is assessed to persons residing out of the United States; for three months when they reside in the United States but out of the District; and for six weeks, when they reside in the District; which advertisement shall describe the property, give the person's name to whom as- sessed, and the amount of taxes due thereon. The purchaser to pay at the time of sale, the amount of taxes and expenses, and the residue within two years and ten days from the sale, which shall be placed in the city treasury and remain subject to the order of the original proprietor; the purchaser to re- ceive from the Mayor a title in fee simple. It is provided that the proprietor may redeem his property so sold, withm two years, by paying or tendering to the purchaser, or deposit- ing with the Mayor, and notifying the purchaser thereof, the amount paid by the purchaser, and ten per cent. per annum thereon. If the purchaser fails to pay the residue within the two years and ten days, he shall pay an interest thereon ot ten per cent. per annum, until he does pay it, and receive a conveyance from the Corporation; the interest, like the resi- due, to be subject to the order of the original proprietor .-- No sale is to be made of improved property, whereon there is personal property sufficient to pay the taxes: minors, mortga- gees, and others, having equitable interests in real property sold for taxes, are allowed one year after such minor's coming of age, or the others, have obtained a decree for its sale. to


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495


Charter of Washington.


t'edecin the property so sold, which they may do by paying to the purchaser a sum equal to the whole amount he has paid on said property up to the period of redemption, with ten per cent. interest, and also the full value of the improvements thereon made by the purchaser. Where the estate of the tenant in default, as for years, or life, is sufficient to pay the taxes, such estate only shall be sold.


Sec. 11. Makes it lawful for the collector to postpone the sale, for want of bidders, he giving public notice thereof, and the sale made at such postponed time is to be as valid as if made on the day first stated.


See. 12. Authorises the collector to proceed by distress and sale of goods and chattels, in the collection of all legal taxes, after giving ten days' notice in a newspaper of the city. The laws of Maryland relative to the right of replevying, are made applicable to cases of personal property taken by dis- tress for taxes imposed by the Corporation.


Sec. 13. Declares that the Levy Court of Washington County shall not have the power of taxing property in the rity. The Corporation are exempted from contributing to- wards defraying the expenses of said court, except for one half incurred en account of the Orphans' court, the office of coroner, the county jail, and the opening and repairing of roads east of Rock Creek, leading to the city; but the Corpo- ration are to have the sole control of the bridge over Rock Creek, at the termination of K. street north, which they must repair and rebuild when necessary.


Sec. 14. Requires the Clerk of the Circuit Court, and the Register of Wills, for the county of Washington, respectively. to furnish the City Register with semi-annual lists of the transfers of real property in the city; for which service the said Clerk and Register of Wills are to be paid not exceeding six cents for each transfer.


Sec. 15. Authorises and requires the Commissioner of the Public Buildings to reimburse to the Corporation a just pro- portion of the expenses incurred in opening, paving, or in- proving, any of' the streets which pass by the United States' squares or reservations; which proportion shall be determined by a comparison of the length of their front with the whole extent of their two sides; and the commissioner shall cause the foot ways to be paved in front of any square, reservation or lot, belonging to the United States, whenever the Corpora- tion shall direct the like improvements to be made on the op- posite or adjoining squares or lots. The expenses to be de- frayed by the commissioner out of moneys arising from the sale of United States lots In the city.


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494


Charter of Washington.


Sec. 16. Authorises the Boards of Aldermen and Common Council, from time to time, to divide the city into as many wards as they think proper, provided that each ward shall comprise, as near as may be, an equal number of inhabitants. Expenses incurred in improving the streets which form the boundaries of the wards, to be defrayed out of the taxes rais- ed in the wards which adjoin them, in equal proportions .- The corporation is required, before the first Monday in June, 1820, to apportion amongst the wards hereby established, such portions of the city debt, as have heretofore been chargeable to the old wards. The Board of Aldermen are directed, on the second Monday in June, 1820, as soon as organized, to divide themselves into two classes, as follow: Those members now in office, and, by virtue of their election in June, 1819, are entitled to take their seats in the new Board as members from the wards in which they shall reside, shall be placed in the first class; those members who shall be elceted from the same wards, in June next, shall be placed in the second class; and the other members shall be placed in their respective classes by lot; the seats of the first class to be vacated at the end of the first year, and the seats of the second class at the end of the second year; so that one member shall be elected in each ward every year thereafter. Aldermen are to be, bv virtue of their office, justices of the peace for the county of Washington, unless holding commissions in the army or navy of the United States.


S.c. 17. Declares that this act shall continue in force for twenty years, and until congress shall determine otherwise.


AN ACT to amend the Charter of the City of Washington.


An Act supplementary to the aet ." to incorporate the inhabi- tants of the City of Washington," passed the fifteenth of May, one thousand eight hundred and twenty, and for other purposes.


Be it enacted, &c. That so much of the act, entitled " An act to incorporate the inhabitants of the City of Washington, and to repeal all acts heretofore passed for that purpose," passed May the 15th, one thousand eight hundred and twenty, as is inconsistent with the provisions of this act, be, and the same is hereby repealed.


Sec. 2. And be it further enacted, That public notice of the time and place of the sale of all real property, for taxes due the Corporation of the City of Washington, shall be given at


495


·Amendatory Charter of Washington.


all cases hereafter, by advertisement, inserted in some news- paper published in the said city, once in each week, for at least twelve successive weeks, in which advertisement shall be stated the number of the square or squares, the number of the lot or lots, (if the square has been divided into lots,) the name or names of the person or persons to whom the same may be assessed on the books of the Corporation at the time of such advertisement, the amount of the tax due on each square or lot, the period for which the same shall be due, and the ag- gregate amount of taxes due on all real property assessed in the name of the same person or persons; but, where a whole square is assessed to the same person or persons, although divided into lots, it may be assessed and advertised, as if the same was not divided. And no sale of real property for taxes, hereafter made, shall be impaired, or void, by reason of such property not being assessed, or advertised, in the name or names of the lawful owner or owners thereof, provided the same shall be advertised as above directed, or by reason of the amount of taxes due thereon not being correctly stated.


See. 3. . And be it further enacted, That in all cases of sales of real property, for taxes duc the said Corporation, where such sale shall not have been made according to law, and void, it shall be law ful for the said Corporation, on the application of the purchaser, or other person entitled under him, to re- fund and pay to such person or persons, the amount paid by him or them, on account of such purchase; and, also, the sub- sequent taxes accrued and paid on the said property, and to re-assess the amount of taxes so refunded, on the property on which the same shall have accrued, which shall be collected in the manner as provided by law for the collection of other taxes, at any time after the first day of January next, after the same shall be so re-assessed.




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