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 36
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
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
The contractors must make a just return to the Register's office of all the chimneys swept, with the names of the ow- ners, on the first Monday of each month. Stratu-
No person shall keep any hay or fodder in their dwelling houses, under a penalty of twenty dollars-except the same be for bedding, or for packing goods. Stoves- or Fodder
Any person passing a stove pipe through any wooden or weatherboarded house, unless it is properly secured from fire to the satisfaction of the commissioner of the ward, shall in- cur a penalty of three dollars for every week it shall so re- main. The pipes must also be cleaned once a month, under a penalty of three dollars for each omission.
Taxes. A tax of 56 cents on every 100 dollars worth of real and personal property, by law taxable, within the limits of the Corporation, is levied annually.
If any person or persons promptly pay the amount of taxes so levied or imposed, at the time the same shall become due, he, she, or they, are entitled to an abatement in the amount thereof of 6 cents from the 56, established as the rate of taxa- tion; thereby rendering the tax by such prompt payment vir- tually and in effect, but 50 cents on every 100 dollars; and for payment on or before the 1st day of February, after the same shall have become due and payable, an abatement of 53 cents: and for every month thereafter, one half cent abatement is al- lowed, and the abatement thus authorized to be made, is to be continued on the same principle annually. No abatement is made for any fractional portion of a month.
Cts.
On real and personal property, on every 100 dollars, per ,מוnuיוב 56
Male slaves, the property of residents, between 15 and 45 years of age, each $2 00 Female slaves, between the same ages, each 1 00 Male slaves, the property of non-residente, between 12
and 18 years of age, ·
- 12 00
34
.
516
Corporation Laws,
Male slaves, the property of non-residents, over 18 Cic. years of age, - $20 00 Female slaves, the property of non-residents over 15 years of age, - - 2 00
Coach, -
- - 15 00
Chariot, post chariot, and post chaise, -
- 12 00
Phæton, -
- - 9 00
Coachee with pannel work in upper part
- 9 00
Coachce with framed posts and top, - .
. 6 00
Top carriage, with 4 wheels on springs,
Curiele, -
Chaise, - -
3 00
Chair, -
-
Sulkey,
Any other two wheeled carriage, on iron or steel springs 3 00 On every other two wheeled carriage, . 2 00
On every four wheeled carriage of frame posts and top, and on wooden spars, - 2 00
On hacks of resident owners,
- - 10 00
On do. of non-residents,
+ 15 00
Owners residing in Georgetown
- . 20 00
Without the limits of the Corporation or Georgetown
50 00
"To retail wines, &c. less than a pint,
- 50 00
to retailers of wine, &c.
· 10 00
to hawkers and pedlars, - - 50 00
to auctioneers, 100 00
For theatrical and other public amusements, per day, - 5 00 100 00
On billiard tables,
On wagons belonging to residents, -
. 5 00
On carts and drays,. do. each, -
-
- 2 50
On wagons belonging to non-residents,
- 5 00
On carts and drays, do. each, .
. 6 00
On degs of the male kind, .
- 2 00
On dogs of the female kind, -
- 5 00
To pawnbrokers and money changers,
100 00
To money changers and ticket venders, 100 00
50 00
Pawn brokers, -
₹150
Lottery ticket venders,
-
Confectioners,
- 10 00
Retailers of spirituous liquors at fish docks,
· 10 00
Butchers stalls, old or east part of Centre market, new part, or west, - 15 00
- 25 00
in all other markets, - 10 00
-
To venders of lottery tickets, - - .
Money changers, -
-
- 00 00
On licenses to tavern keepers, -
' 517
Corporation Laws.
Shops to sell liquors, - $50 00 Porter ale and cider, - - 15 00
Hardware, dry goods and groceries, -
- 10 00
Theatrical and other public amusements. That no person or persons shall exhibit any theatrical or other public amuse- ment, show, or natural curiosity, for gain, without first having & license from the Mayer for that purpose; for which license shall be paid the sum of five dollars to the Register, for the use of the city, and shall be in force one day and no longer. And any person or persons exhibiting any theatrical or other publie amusement, show, or natural curiosity, without such license, shall forfeit and pay for every such exhibition, the sum of ten dollars; one half for the use of the person who shall prosecute for the same, and the other to the Corpora- tion: Provided, That nothing herein contained shall be con- strued to extend to prohibit the showing or exhibiting any experiment or exhibition in natural philosophy without such.
Tobacco. A warehouse to contain 600 hhds. of tobacco, is required by law to be erected on lots No. 13 and 14, square 801, for which 2,000 dollars are appropriated.
An inspector of tobacco is appointed by the Mayor, &c. on the fourth Monday of June annually. It is made the duty of the inspector to inspect all tobacco intended for sale, and to mark on each hogshead, the quality, nett weight, owner's pame, place, &c. and to deliver a certificate to the owner for each hogshead. Any person sending tobacco by land or wa- ter out of the District, without such inspection and certificate, to be fined 500 dollars.
Trees. A sum not exceeding 100 dollars per annum is ap- propriated, for keeping the trees in the avenues and streets in order. Any person injuring any of the boxes or trees, to be fined in a suin not less than five, nor exceeding twenty dol- lars. Any person tying a horse to any of the said trees or boxes, to be fined five dollars.
Vagrants-May be required to give security for good con- duct-may be confined to labor, in case of refusal-penalty for aiding their escape, 10 dollars.
Weighing. Scales for weighing hay, &c. are placed, one on square 731; one on the open space between the west inarket house and Pennsylvania avenue, and between 20th and 21st streets west; and one on the centre market square, on the east side of 9th street west, and 20 feet south of Peen- sylvania avenue. All hay, straw, and fodder, to be weighed at one of the said machines, and a certificate of its nett weight obtained before sale, ander a penalty of two dollars. The
-
£
J
1
$18
Corporation Laws.
weigher to receive 50 cents for every wagon, and 25 cents for every cart load weighed.
Wharves. In pursuance of an act of the 10th November, 1506, a wharf was erected on the Potomac river, at the south end of 17th street west, with the following rates of wharfage: For wood or bark, per cord, 10 Cts.
plank, per M. - - - 20
scantling, per M. - -
25
shingles, 18 inches long, per M.
10
shingles, 2 ft. and upwards per M.
15
laths, per M. -
palings, per M.
-
12
stone, per perch, -
-
-
9
sand, per barrel, -
.
bricks, per M. -
-
12
house frames, per story -
30
posts, (cedar or locust) per 100,
40
all kinds of grain, meal, per 100 bushels, 20 C's 3
barrels, cach,
hay, per ton,
25
for hogsheads and crates, each, -
6
kegs and boxes, candles and soap, -
S
lime, per barrel, €
Vessels lying at the wharf longer than twenty-four hour shall be charged per day twenty-five cents.
Wood. Five corders of wood are appointed by the Mayor, &c. on the 4th Monday in June, annually. All wood offer- ed for sale in the city must be sound, and at least four feet long, including one half of the kerf, and not less than two inches in diameter at the small end. It is to be corded by one of the wood-corders; and cvery cord must contain 12s cubic feet of solid wood after making the proper allowances for want of closeness of cording, that is, each cord must be eight feet long, and four feet four inches in height; the straight wood to be placed in the lower part of the pile, and the erook- ed in the upper part. The corder to be paid six cents per cord by the seller. All the defective wood to be corded be- parately.
Any person failing to have his wood corded, to be fined two dollars. And any person purchasing without having the wood first corded, to be fined two dollars. All wood brought by land to be subject to the same regulations, excepting such as may be sold by the wagon, cart, dray, or sled load.
Weighte and Measures. The Mayor, &c. on the 4th Mon day in June, is required to appoint a suitable person as & Sealer of weights and measures. He shall keep an office
-
519
Corporation Laws.
near the centre of the city, and keep all the standards of weights and measures for the use of the city. His duty is to examine all scale-beams, weights and measures, that are brought to his office for the purpose; and after seeing that they are agreeable to the standards, to brand them with the letter W. within three days; and on neglect to be fined five dollars. He is to receive a fee of two dollars in each case of examination and adjustment, and also 200 dollars per annum salary. It is made his duty to go to all the shops in the city at least once in six months and examine the weights, &c .- Any person refusing to have such examination, is liable to pay a fine of from one to ten dollars. Any person selling by weights or measures not stamped, to be fined one dollar, and to have the same seized.
THE DISTRICT LAWS.
An able and interesting report was submitted to the House of Representatives, on the Sd of March, 1850, by Mr. Powers, Chairman of the Committee on the District of Columbia, chiefly touching the Judiciary of this District: our limited space will only permit an abridgment of this valuable and interesting document-
The historical facts, embodied in the report, inform us that --
The First Congress of the Revolution met at Philadelphia, in September, 1774, and there held their sessions until De- cember, 1776, when, in consequence of the approach of the British army, they adjourned and met at Baltimore, io Feb- ruary, 1777, where they remained but seven days, and then. adjourned, to meet at Philadelphia again in March following.
On Sunday, the 14th of September, 1777, Congress resolv- ed, that, if it should be obliged to remove from Philadelphia, Lancaster should be the place where they should meet. A few days after, a letter was received from Colonel Hamilton, which satisfied Congress of the immediate necessity of leaving Philadelphia; and, in pursuance of their resolve, they met ac Lancaster on the 25th of September, and, on the same day, ailjourned to York, where they met on the 30th, and remain- ed until the latter part of June, in the year following; when, having received information from General Washington that the British had left Philadelphia, Congress adjourned, to meet again at that place, on the second day of July, 1778.
No effectual measures having been taken to secure the safe - ty of Congress in Philadelphia, and the elamors of the soldiers for pay not being appeased, Congress assembled at Princeton on the 5th of June 1783, upon the summons of the President.
520
Report on District Latvs.
From the 1st September, 1789, to 1790, various proposi- tions had been under discussion, when, on the 6th July, 1790, a bill passed for locating a District for a permanent Seat of Government. This bill was approved on the 16th of the same- month. (See page 18, of these sketches. )
Oa the 15th of June, 1800, the public offices were opened at Washington, where Congress assembled on 22d of Nov. fol- lowing, when President Adams, in his speech at the opening of the session, made the following impressive remarks: " I congratulate the people of the United States on the assemh- ling of Congress at the permanent seat of their Government, and I congratulate you, gentlemen, on the prospect of a resi- deuce not to be changed. It is with you, gentlemen, to con- sider whether the local powers over the District of Columbia, vested by the Constitution in the Congress of the United States, shall be immediately exercised. If, in your opinion, this important trust ought now to be executed, you cannot fail while performing it, to take into view the future probable situ- ation of the Territory, for the happiness of which you are about to provide. You will consider it as the Capital of a great nation, advancing, with unexampled rapidity, in arts, in com- merce, in wealth, and in population; and possessing, within itself, those resources, which, if not thrown away, or lamen- tably misdirected, will secure to it a long course of prosper- ity and self-government."
To this, the House of Representatives replied, that " the final establishment of the scat of the National Government. which has now taken place in the District of Columbia, is an event of no small importance in the political transactions of our country. A consideration of those powers which have been vested in Congress over the District of Columbia, will not escape our attention; nor shall we forget, that, in exer- cising these powers, a regard must be had to those events which will necessarily attend the Capital of America. "
On the 27th February, 1801, Congress passed the act, en- titled " An act concerning the District of Columbia " the Gost section of which, declares, " That the laws of the State of Virginia, as they now exist, shall be and continue in force in that part of the District of Columbia which was ceded by the said! State to the United States, and by them accepted for the permanent seat of Government; and that the laws of the State of Maryland, as they now exist, shall be and continue in force in that part of the said Distriet which was ceded by that State to the United States, and by thein accepted, as atoresaid."
The second section forms the Virginia side of the District into the county of Alexandria, and the Maryland side, includ.
.
521
Report on District Laws.
ing the cities of Georgetown and Washington, into the county of Washington, and places the Potomac river in the jurisdic- tion of both those counties. The third section institutes a court of three judges, and declares " that the said court and the judges thereof shall have all the powers by law vested in the Circuit Courts and the Judges of the Circuit Courts of the United States. The fourth section appointed four terms for each county, in a year; but, afterwards, they were reduced to two terms. The fifth section is as follows: " That said court shall have cognizance of all crimes and offences committed within said District, and of all cases, in law or equity, between parties, both or either of which shall be residents, or be found within said District; and, also, of all actions or suits of a civil nature, at common law or in equity, in which the United States shall be plaintiff's or complainants; and of all seizures on land or water, and all penalties and forfeitore made, aris- ing, or aceruing, under the laws of the United States. "
The act also provides for the appointment of a clerk, mar- shal, and district attorney, and for appeals to the Supreme Court. The 11th section authorises the appointment of as many justices of the peace, for five years, by the President, (by and with the advice and consent of the Senate) as he may think expedient; and they are invested with the same powers, as individual magistrates, as they have a right to exercise in the respective counties under the respective laws of Maryland and Virginia; and shall have cognizance of personal demands to the value of twenty dollars, which, by a subsequent act, was increased to fifty dollars, and a jury trial allowed in all cases above the former sum. The 12th section institutes an Orphans' Court, and provides for appeals therefrom to the - Circuit Court.
By this act, Congress assumed the government of this ter- ritory; for ever extinguished all legislative jurisdiction of the States to which it had belonged; and so executed that power of exclusive legislation vested in Congress by the Constitution, as, in the opinion of many, to have placed it beyond the reach of Congress to recal. Your committee cannot forbear to ex- press the opinion, that this was one of the most unfortunate Lets which ever was, or can be, passed by Congress, within the pale of the constitution.
They believe it would have been much wiser and safer, if Congress had never exercised that power, but left it to the respective States, at all events till a necessity for the assump- tion of its exercise had occurred, which, It is believed, would never have happened.
>
522
Report on District Laws.
Since that period, numerous laws have been passed by Con- gresa, relating to city charters, public buildings, bank and bridge companies, to the militia, to the incorporation of vari- ons societies and institutions, and to other local matters; but there have not been many essential changes in the general laws of the District, nor in their administration. It apperrs that one part of this District is governed by the laws of Vir- ginia, and the other by those of Maryland, as they existed nearly thirty years ago-laws, too, which had been accumu- lating for generations, many of whose sanctions are only suit- ed to the barbarous ages, and which have long since been wisely abrogated by the respective States, but are still in force in this District.
This will, in some measure, be illustrated by the following abstract of the criminal statutes of Maryland, now in force here. 1720, Ch. 25. Burning a court-house, punishment death.
Arson of a mansion house, death. 1729. Ch. 4, sec. 2. Petit treason, murder, and arson, by negroes, - death.
S. Breaking into a shop, store, or warehouse, not contiguous to, or used with, a man- sion, and stcaling goods to the value of 5 shillings, death. 1737. Ch. 2, seo. 2. Breaking tobaccoor other out house and stealing to the value of five shillings, . · death.
4,
Stealing a boat or a negro,
- death.
1744. Ch. 5, sec. 3. Burning tobacco, or tobacco house with tobacco in it,
- Ch. 20, sec. 1. Horse stealing, -
sec. 2. Burning a ship, sloop, or boat,
death. deati !. death.
1751. Ch. 14, sec. 2. Slaves consulting to raise an in- surrection, or to murder or poison any person, or to burn a house, - dests.
Slaves who shall attempt to burn any dwelling house or out house contiguous, or any house in which any person shall be, or any goods, tobacco, Indian corn, or fodder, - - death. 1777. Ch. 1, sec. 1. Destroying, or burning, or con- spiring so to do, any magazine of provisions or mi- litary or naval stores of the U. States or the State, death. 1793. Ch. 57, sec. Mayhem, death.
Without going into details, it is believed that the existing criminal laws in the county of Alexandria, are of about the Same sanguinary character as the above; and, it is remarked by several intelligent gentlemew of that county, that, in con- sequence, many offences are suffered to go either unpunished.
523
Report on District Laws.
or punished in such manner as amounts, in effect, to no pun- ishment.
It will be observed, that, during the time which is occupled by the trial of civil and equity cases, all the witnesses in be- half of the United States are kept waiting, at the expense of $1 25 each, per day ; to which should be added jurors' fees and various other expenses. Your committee may, as well in this place as any other, express their opinion, that witnes- ses' fees are much too high, and are of very dangerous ten- dency, independent of the enormous expense to suitors and to the government, which it occasions.
The long time intervening between the sessions of court. produce great hardships, both in civil and criminal cases ; and in the latter, under a law of this District, which requires a witness to procure security for his appearance at court, it is stated that, some ternis ago, a person who could not give such security, was put in goal, where he remained suffering for nearly six months, in a matter where the principal, if guilty, would not have been confined more than ten days.
In another instance, a person just landing on the wharf from an eastern vessel, happened to witness some trifling assault and battery, was summoned before a magistrate, and being a stranger, and unable to give security, he was committed to groal with the culprit, where they both remained more than four months ; and although the defendant was convicted, yet the court, believing he had already suffered more than merit- ed punishment, discharged him with the witness. So that both endured the same imprisonment, and were discharged at the same time.
Another similar instance has been stated to your committee, where a wood boatman was assaulted on his boat, by some piratical fellows, to whom he administered summary justice to his own entire satisfaction, and drove them off. Yet the third person brought the subject before a magistrate, who summoned the boatman as a witness, who, being also a stran- ger, could not give bail, and was thrust into prison, where he .was kept for months ; and, when discharged, his boat and property were lost or destroyed. It will be found, ia great proportion of cases, that persons committed for trial are sub- jected to unreasonable imprisonment, before it is known whether they are innocent or guilt. y
In civil cases, also, there are serious hardships. So unfre- quent are the terms of court, and such its jurisdiction, prac- tice, and course of proceeding, that it takes two years and & half to collect an indisputable debt.
---
524
Report on District Laws.
Your committee will next advert to the character and pro- ceedings of justices of the peace, whose mode of appointment, tenure of office, and jurisdiction, have already been stated. There are, in the county of Washington, twenty-five of these justices. This formidable corps of subordinate magistrates, is aided in the administration of justice by about thirty-five constables, (who are appointed by the Circuit Court, ) while in Baltimore, which contains a population of nearly eighty thousand, there are only ten constables devoted to justices' courts. With such a swarm of officers, canvassing for busi- ness, as it appears many of them do, the most disastrous sys- tem of litigation and petty oppression of the poor, must be the inevitable consequence ; and that such is the fact, is abun- dantly proved to your committee.
A single magistrate, and one of the most respectable, dur- ing the last year, issued 4,000 warrants. For proof of these facts, we again refer to the accompanying documents, and to the intelligent gentlemen of this county. We might appeal to the suffering poor, to whom no scourge is so great a curse as petty and legalized oppression.
It is the practice to issue a warrant, and arrest in all civ !! cases without oath ; and a cause commenced before one ma- gistrate is triable before another.
One of the heads of Department was recently called upon with such a process ; and after his attorney had proved to the satisfaction of a jury that the suit was utterly groundless and vexatious, the same magistrate issued another warrant in the same case.
When judgments are recovered before a justice of the peace, he will not receive the money, because he is allowed no compensation for doing it ; and where there is a delav of execution, it is the practice for the plaintiff to take a certifi- cate of the judgment, and sell it to some one of a class of men who are in the habit of shaving (as it is called) such ser- tificates. He may sell this to another, and he to a third ; and while the defendant is in pursuit of the holder of the judgment, with a view to pay it, the certificate may be handed to & con- stable, who will go to some other magistrate than the one by whom the judgment was rendered, take out an execution, and pounce upon the defendant with a bill of costs, before he can find the last shaver, to whom only, or the constable, he can pay the money.
Your committee beg leave further to illustrate the charac- ter and proceedings of justices' courts by some cases which. Have been stated to them.
.
525
Report on District Laws.
'The Circuit Court has given an opinion (and which is here- to annexed) that in no case where there is a jury trial before a justice of the peace, can it be brought before the Circuit Court for a re-hearing ; that the justice in such cases acts ministeri- ally-is bound to enter the verdict of the jury as the Clerk of the Circuit Court is bound to enter its judgments ; that the justice has no right to say what evidence the jury shall hear, or to instruct them as to the law ; that he has no discretion, no will, no choice, but is bound by law to enter up judgment, ac- cording to the will of others.
And this decision of the Circuit Court, whether right or wrong, cannot be reviewed by the Supreme Court, because the amount is not sufficient. But the effects of this decision are shown by the following cases, which are stated to be common.
A plaintiff recovers a judgment before a justice, for any sum between twenty and fity dollars, [in which only jury trials are allowed,] the defendant being dissatisfied pays the judgment, goes to the same or another justice, takes out a warrant to recover back the money, intercedes with a friendly constable to summon for him a suitable jury, who, it is seen, are placed above all law, brings his cause before them, and recovers back the amount of the first judgment. The plaintiff also can pursue a similar course, and there is nothing to pre- vent such a course of proceeding ad infinitum.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.