USA > Washington > Standard history of the city of Washington from a study of the original sources > Part 11
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On September 9, 1791, the day following this meeting, the Commissioners wrote to Major L'Enfant at Philadelphia :
"We have agreed that the federal District shall be called 'The Territory of Columbia,' and the federal City 'The City of Washington,' the title of the map will, therefore, be 'A Map of the City of Washington in the Territory of Columbia.'
"We have also agreed the streets be named alphabetically one way, and numerically the other ; the former divided into North and South letters, the latter into East and West num- bers from the Capitol."
On Major L'Enfant's return from Philadelphia the Com- missioners, by a resolution dated September 24th, 1791. instruct- ed him to employ on the first Monday in October next one hundred and fifty laborers to throw up clay at the President's
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House and the house of Congress and in doing such other work connected with the post road and the public buildings as he should think most proper to have immediately executed. He was also instructed to have three hundred copies of the plan of the federal city transmitted to such parts of the Northern states as he should think proper and to keep the remainder subject to the directions of the Commissioners. The time set for the first sale of lots was rapidly approaching and was doubt- less looked forward to with much concern by both the President and the Commissioners, for the result of this sale was to be an indication of the probable success or failure of the scheme for financing the city from the sale of lots. Major L'Enfant and Major Ellicott with their assistants were bending every energy to completing the survey of a number of squares in preparation for the sale. Pursuant to a recommendation which Major Ellicott had made, the lots which it was decided to offer were to be those in the neighborhood of the Capitol and Presi- dent's House, these being deemed the most desirable.
On October 14, the Commissioners met and adopted the form of the bond to be given by purchasers to secure the deferred payments on the lots purchased and also the form of the certificate of sale to be furnished to purchasers of lots; and had a quantity of both forms printed for use at the sale. On October 16, the Commissioners adopted the following build- ing regulations which were promulgated over the President's name at the sale the following day :
"1st. That the outer and party walls of all houses within the said city, shall be built of brick or stone.
"2nd. That all buildings on the streets shall be parallel thereto, and may be advanced to the line of the street, or withdrawn therefrom, at the pleasure of the improver: but where any such building is about to be erected, neither the foundation or party wall shall be begun, without first apply-
. ing to the person or persons appointed by the commission- ers to superintend the buildings within the city, who will ascertain the lines of the walls to correspond with these regulations.
"3rd. The wall of no house to be higher than forty feet to the roof, in any part of the city; nor shall any be lower than thirty-five feet on any of the avenues.
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"4th. That the person or persons appointed by the com- missioners to superintend the buildings, may enter on the land of any person to set out the foundation and regulate the walls to be built between party and party, as to the breadth and thickness thereof: which foundation shall be laid equally upon the lands of the persons between whom such party walls are to be built, and shall be of the width. and thickness determined by such person proper; and the first builder shall be reimbursed one moiety of the charge of such party wall, or so much thereof as the next builder shall have occasion to make use of, before such next builder shall any ways use or break into the walls. The charge or value thereof, to be set by the person or persons appoint- ed by the commissioners.
"5th. As temporary conveniences will be proper, for lodg- ing workmen, and securing material for building, it is to be understood that such may be erected, with the approba- tion of the commissioners: but they may be removed or discontinued by the special order of the commissioners.
"6th. The way into the squares, being designed, in a special manner, for the common use and convenience of the occupiers of the respect squares, the property in the same is reserved to the public, so that there may be an immediate interference on any abuse of the use thereof by any individ- ual, to the nuisance or obstruction of others. The propriet- ors of the lots adjoining the entrance into the squares, on arching over the entrance, and fixing gates in the manner the commissioners shall approve, shall be entitled to divide the space over the arching, and built it up with the range of that line of the square.
"7th. No vaults shall be permitted under the streets, nor any encroachments on the footway above, by steps, stoops, porches, cellar doors, windows, ditches, or leaning walls, nor shall there be any projection over the street, other than the eaves of the house without the consent of the commis- sioners.
"8th. These regulations are the terms and conditions un- der and upon which conveyances are to be made, according to the deeds in trust of the lands within the city.
George Washington."
The seventh regulation was amended on July 7th, 1794, to permit of area ways seven feet in breadth secured by a free-
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stone wall raised eighteen inches above the surface having a neat iron pallisading four feet high in the center thereof.
Before the sale commenced, the Commissioners issued the following announcement :
"All the Lots purchased at this sale are to be subject to the Terms and conditions declared by the President pur- suant to the deeds in Trust. The purchaser is immediately to pay one-four part of the purchase money; and to secure the payment of one Third yearly with six per cent Interest on the whole by bond with good security : But if any pay- ment is not made at the date the whole is to be recovered in one suit and execution.
"The purchaser is to be entitled to a deed on the whole purchase money and Interest being paid and not before. No bid under twenty Shillings to be received."
Before the sale began the Commissioners announced that every facility the public convenience would admit of would be given to purchasers, and that the latter would meet with that disposition in the Commissioners; but that if the terms of sale were not complied with nor any accommodation agreed upon for the convenience of the purchaser, the sale should be bind- ing or not at the option of the Commissioners.
The sale continued from the 17th to the 19th of October with James McKenna acting as vendue master. The result was that thirty-one lots were sold at prices ranging from sixty-five pounds Maryland currency ($173), to one hundred and fifty pounds ($400). The Commissioners in reporting the results of this sale to the President stated that to accommodate some strangers they were obliged to agree that the land should stand as security subject to forfeiture of the one-fourth paid down if the other payments were not made. They gave in explana- tion of this course the fact that the gentlemen in town had come to a resolution not to go security for purchasers which they conceded was perhaps almost necessary, and that as a result it had happened that the purchasers had no acquaintances of whom they could ask such a favor. The Commissioners sug- gested that it was worth considering whether in future the terms ought not on this account to be varied. The President, writing to the Commissioners, expressed himself as encouraged by the
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outcome of the sale, not so much by reason of the number of lots sold as because of the fact that the Commissioners had been able to keep up the prices.
It was at this sale that the first serious indications of trou- ble between Major L'Enfant and the Commissioners manifested themselves. The Major, it will be remembered, had from the first opposed the holding of a sale at this time; his letter to President Washington of August 19, being devoted largely to an argument in favor of a postponement. At the sale he con- ceived the idea that it would tend to induce speculation to permit purchasers to see the plan of the city, the draft of which he had completed while in Philadelphia. Accordingly, he refused the request of the Commissioners to exhibit it at the sale, and the Commissioners were compelled to indicate the locations of lots to purchasers as best they could. This circumstance the Com- missioners reported to the President in a letter of October 29, 1791. The President's reply, addressed to Dr. Stuart, is an interesting document, by reason of the insight which it furnishes of his intimate knowledge of human nature, and of the skill and tact which made him so successful in handling men. It is important also as refuting the premise upon which Major L'Enfant based his subsequent controversies with the Commis- sioners, to wit, that it was by virtue of the President's instruc- tions to him that he was independent of the authority of the Commissioners. The letter is of still further interest as indicat- ing that the President was now beginning to feel that the establishment of the city, while not completely out of danger, was yet in a much more secure state than it had been a few months before. The letter reads :
"Philadelphia, November 20th, 1791.
"Dear Sir: I had heard before the receipt of your letter of the 29th of October-and with a degree of surprise and concern not easy to be expressed-that Major L'Enfant had refused the map of the Federal City when it was requested by the Commissioners for the satisfaction of the purchasers at the sale. It is much to be regretted, however common the case is, that men who possess talents which fit them for peculiar purposes should almost invariably be under the influence of an untoward disposition, or are sottish, idle,
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or possessed of some other disqualification by which they plague all those with whom they are concerned. But I did not expect to have met with such perverseness in Major L'Enfant as his late conduct exhibited.
"Since my first knowledge of this Gentleman's abilities in the line of his profession, I have viewed him not only as a scientific man but one who added considerable taste to professional knowledge and have thought that, for such employment as he is now engaged in, for prosecuting public works, and carrying them into effect, he was better qualified than any one who had come within my knowledge in this country, or indeed in any other, the probability of obtain- ing whom could be counted upon.
"I had no doubt, at the same time, that this was the light in which he considered himself; and, of course, that he would be so tenacious of his plans as to conceive that they would be marred if they underwent any change or alteration; but I did not suppose that he would have inter- fered further in the mode of selling the lots, than by giving an opinion with his reasons in support of it; and this perhaps it might be well always to hear, as the latter would stamp the propriety or show the futility of it. To advise this I am the more inclined, as I am persuaded that all those who have any agency in the business have the same objects in view, although they may differ in sentiment with respect to the mode of execution; because, from a source even less productive than L'Enfant's may flow ideas that are capable of improvement ; and because I have heard that Ellicott, who is also a man of uncommon talents in his way, and of a more placid temper, has intimated that no informa- tion had been required either from him, or L'Enfant on some point or points (I do not now particularly recollect what) which they thought themselves competent to give.
"I have no other motive for mentioning the latter circum- stance than merely to show that the feelings of such men are always alive, and where their assistance is essential that it is policy to humor them or to put on the appear- ance of doing it.
"I have, however, since I have come to the knowledge of Major L'Enfant's refusal of the map, at the sale, given him to understand through a direct channel, though not an official one as yet, further than what casually passed between us, previous to the sale, at Mount Vernon, that he must in future look to the Commissioners for directions;
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that he having laid the foundation of this grand design, the Superstructure depended upon them; that I was perfect- ly satisfied his plans and opinions would have due weight, if properly offered and explained; that if the choice of Commissioners was again to be made I could not please myself better, or hit upon those who had the measure more at heart, or better disposed to accommodate the various interests and persons concerned; and that it would give me great concern to see a goodly prospect clouded by imped- iments which might be thrown in the way, or injured by disagreements which would only serve to keep alive the hopes of those who are enemies to the Plan. But that you may not infer from hence he has expressed any dissatisfac- tion at the conduct of the Commissioners towards him, it is an act of justice I should declare that I never have heard, directly or indirectly, that he had expressed any. His pertinacity would, I am persuaded, be the same in all cases, and to all men. He conceives, or would have others believe, that the sale was promoted by withholding the general map, and thereby the means of comparison; but I have caused it to be signified to him, that I am of a different opinion ; and that it is much easier to impede, than to force a sale, as none who knew what they were about would be induced to buy-(to borrow an old adage) 'a Pig in a Poke.'
"There has been something very unaccountable in the conduct of the Engraver, yet I cannot be of the opinion the delays were occasioned by L'Enfant. As soon, how- ever, as a correct draught of the City is prepared, the same, or some other person shall be pressed to the execution. I say a correct draught, because I have understood that Mr. Ellicott has given it as his opinion it was lucky that Engrav- ings did not come out from the first plan inasmuch as they would not have been so perfectly exact as to have justified a sale by them.
"It is of great importance, in my opinion, that the City should be laid out into squares and lots with all the dispatch that the nature and accuracy of the work will admit. And it is the opinion of intelligent and well informed men, now in this City, who are friends to this measure, that for this purpose, and to accommodate the two great interests of George Town and Carrollsburg, it would be advisable, rather than delay another public sale until the Whole can be completed to lay all the ground into squares which shall be West of the Avenue leading from George Town to the
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President's House, thence by the Avenue to the House for Congress, thence by a proper Avenue (I have not the plan by me to say which) to the Eastern Branch, comprehend- ing the range of Squares next to and bounding on the said Avenues on the East side; and to appoint as early a day, for the sale as a moral certainty of their completion will warrant.
"When I speak of the importance of dispatch, it does not proceed from any doubt I harbour, that the enemies to the measure can shake the establishment of it; for it is with pleasure I add as my opinion that the roots of the permanent seat are penetrating deep, and spreading far and wide. The Eastern States are not only getting more and more reconciled to the measure, but are beginning to view it in a more advantageous light as it respects their policy and interests; and some members from that quarter who were its bitterest foes while the question was pend- ing in Congress, have now declared in unequivocal terms to various people and at various times, that if attempts should be made to repeal the Law they would give it every opposition in their power. These sentiments of the Eastern people being pretty well known, will, I am persuaded, arrest the design, if a repeal had been contemplated; but it will not prevent those who are irreconcilable, from aiming all the side blows, when in their power at it; and the rumor which was spread at the Sale, that Congress never would reside there, is one of the expedients that will be exerted in all its force, with a view to discourage the Sales of the Lots, and the buildings thereon, that the accommodations may be unfit for the Government when the period shall arrive that the removal is to take place.
"When I see Major L'Enfant, who it is said will shortly be here, I shall endeavor to bring him to some explanation of the terms on which he will serve the public and will also impress upon him the necessity of dispatch, that as early a Sale as circumstances will admit may ensue.
"When I began this letter, and until I had got to the present stage of it, it was intended as an answer to yours of the 29th of October; but on reperusal of that of the 21st of the said month from the Commissioners, I find it will serve as an answer to both; and, as it is of an enormous length, and my head and hands during the Session of Con- gress are fully employed, I pray you at the first meeting
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of the Commissioners to lay these sentiments before them for their private information.
"I forward the enclosed, as I did a former communica- tion from the same person, that the Commissioners may be apprised of the circumstances attending the land which is the subject of the letter. No acknowledgment of this, or, the former, has been made by me.
"With very great esteem and regard I am, Dear Sir, Your most obt. and Affecte, Humble Servant,
G. Washington."
Close upon the controversy which arose over the refusal of Major L'Enfant to permit the inspection of his plan at the October sale of lots, came a new and more serious one which arose over the demolition by Major L'Enfant of the house of Daniel Carroll of Duddington. So serious was this latter con- troversy that, notwithstanding peace was eventually re-estab- lished, relations were strained to such a degree that only one further incident of a similar character was required to create a situation which made it necessary for the President to decide whether he should dispense with the services of the Major or with those of the Commissioners. Much has been written and told of these quarrels and of their outcome, and an impression more or less general has prevailed that the Major was harshly treated. This must necessarily be a matter of individual opin- ion. The interest which attaches to the circumstances leading up to the severance of Major L'Enfant's connection with the city, however, justifies a full statement of the entire affair.
With reference to the circumstances attending the demoli- tion of Mr. Carroll's house much testimony has been furnished by the various participants in the episode. In trying to effect a settlement with Mr. Carroll, President Washington found it necessary to obtain the opinion of his Attorney General, Edmund Randolph, and to this end called upon the Commissioners for a full statement of the facts. The statement, as it appears copied in the Commissioners' letter book is as follows: (blank spaces probably being due to the illegibility in the original). In reading it the difference of identity between Daniel Carroll, the Commissioner, and Daniel Carroll of Duddington, must be kept in mind to avoid confusion.
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"Daniel Carroll's Case. In 1790, the cellar of his house was walled up and stood so the Winter-30th of March, 1791, he signed the agreement subjecting his property marked A .- 27th or 28th of June, 1791, he executed a deed in trust to carry the agreement into effect. The original is in the Office at Annapolis where it was lodged to be recorded, but the paper B is a copy of the trust part of that and the other deeds. (B). In the latter end of August a day or two before Major L'Enfant set out for Philadel- phia the nothern part of the street was run and struck the house about feet. Major Ellicott (and several of his Assistants then present) told D. C. that the street was originally intended 110 feet wider but that Major L'Enfant had said to save the building if that would do it, he would reduce the street to 100 feet. Major Ellicott and all the Assistants seem to have been impressed with, and given the idea that a-alteration conveniently could and would be made to leave the house clear. Fenwick's Dep. C-Mr. Carroll some time before. Daniel Carroll of Duddington, resumed his building fell in company with him near the Camp. The latter complained that he had been disappoint- ed in not having the location of his house ascertained agree- able to reported promises given him that he had his work- men under engagements in consequence thereof and could not delay any longer. Mr. Carroll being-both in private and public account went immediately to Camp in hopes of seeing Major L'Enfant, but not finding him there request- ed Major Ellicott to communicate the above to him with his earnest wish and that all misunderstanding might be avoided by explanation or a conference. Previous to this Mr. Carroll from-conversations with Major Ellicott was under impressions that a very short time would suffice to ascertain the location of the house and-conversation with Major L'Enfant he had taken up the same idea, but he said at the same time something of the plan, to be approved of by the President. Mr. Carroll afterwards hearing the line of the street had struck the house called on Major Ellicott-Major L'Enfant having set off for Philadelphia and informed him that he intended to write to the Presi- dent, that if an alteration could not be made with conven- ience and propriety Daniel Carroll of Duddington, might have notice and desist. On which Major Ellicott answered that an alteration might be made without the least injury to the plan and that he would be answerable that Daniel
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Carroll of Duddington, would be safe. Mr. Carroll confid- ing in this did not trouble the President on the subject. This conversation has been acknowledged by Major Ellicott in the presence of Doctor Stewart and Mr. Gantt. Doctor Stewart is under the fullest impression from various con- versations he had with Major Ellicott on the subject of Daniel Carroll of Duddington house and more especially the particular one in Mr. Gantt's Office when Major Ellicott was called upon expressly to give information on the sub- ject : that he gave it as his decided opinion that when the work was concerted Daniel Carroll of Duddington house would not be effected by the street. As a proof of this he frequently repeated that the plan at that time was mere fancy work, and would be very different when completed, that therefore, it was idle to be alarmed at what was then doing. On Friday the 13th of November, Doctor Stewart and Mr. Carroll met as Commissioners and agreed to meet again the Friday following. After the adjournment Major L'Enfant meeting with Dr. Stewart told him that he had wrote to Daniel Carroll of Duddington, informing him that his house must come down. Doctor Stewart told him that he hoped he wrote in an accommodating manner, the Major said he had and feeling in his pockets said he was sorry he had not the letter with him. Dr. Stewart told the Major the Commissioners were to meet the following Friday and that if Mr. Carroll did not choose to pull his house down, to lay the letters before the commissioners.
"The Tuesday following the demolition began, whilst it was in progress Daniel Carroll of Duddington having obtained an injunction showed it to Mr. Roberdeau and Mr. Orme, who were at the spot overseeing the work and read it, as alleged. See D. C. letter of the 7th of Jan .- D. Major L'Enfant at the time of showing the injunction was in Virginia. Friday, the 25th, Dr. Stewart and Mr. Carroll met as Commissioners, see their letters to Major L'Enfant .- E. and Mr. Roberdeau and Benjamin Ellicott. -H. See also Major L'Enfant's letter of the 6th of Dec. to the Commissioners. G. which shows that after his re- turn from Virginia and his recit of the Commissioners' letter to him he resumed and completed the demolition which had been suspended in his absence. Daniel Carroll of Duddington, has laid before the Commissioners Major L'Enfant's letter of the 13th of November, 1791 .- G. his letter 21st of November .- H. and Daniel Carroll of Dudd-
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ington account .- I. The paper K. is a statement of what Major L'Enfant refers to, as to Mr. Carroll's not acting. "Respecting Major L'Enfant's letter about Daniel Car- roll. Something being said in Major L'Enfant's letter to the Commissioners of- respecting one of them. Mr. D. Carroll, he deems it proper to acknowledge, he said in the presence of Major L'Enfant, that if there was occa- sion he would appear as an evidence not as a Commissioner on this subject, and further, to remark that such was his intention with the permission of the other Commissioners on such an event. That there was not a Board on this occasion without him, that circumstance made it appear to him proper to act, that Major L'Enfant did not men- tion this to Dr. Stewart on the conversation between them which has been mentioned, Dr. Stewart adds for this, that knowing Daniel Carroll's intention on this subject, he had in conversation with Major L'Enfant informed him that if an occasion should arise Mr. Johnson and himself would be ready to give their determination."
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