Standard history of the city of Washington from a study of the original sources, Part 12

Author: Tindall, William, 1844-
Publication date: 1914
Publisher: Knoxville, Tenn., H. W. Crew & co.
Number of Pages: 640


USA > Washington > Standard history of the city of Washington from a study of the original sources > Part 12


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The first information of Major L'Enfant's action to reach the President, was conveyed by Mr. Carroll of Duddington, who laid the entire matter before him in a letter of November 21st. The President, with his characteristic loyalty to the Commissioners, stated in his reply that he would rather Mr. Carroll had made his appeal to the Commissioners, but feeling that the exigencies of the occasion made it highly important to bring about a speedy settlement of the affair before it should give rise to rumors of controversy in connection with the federal city, he took the matter up in person and proposed two alter- natives for Mr. Carroll's choice ; first, to have the Commission- ers complete the demolition of the building and rebuild it, the following spring, in line with the street, to the height it had attained; second, to let Mr. Carroll rebuild it at his own expense and occupy it six years, at which time it should be removed; allowance to be made only for the value of the walls at the time they were torn down.


In the meantime the Commissioners wrote to the President on November 25th, the following account of the affair up to that time :


"Sir: We are sorry to be under the disagreeable neces-


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sity of mentioning to you an Occurrence which must wound your feelings. On our meting here to-day, we were to our great astonishment informed that, Maj'r L'Enfant, without any authority from us, and without even having submitted the matter to our consideration, had proceeded to demolish, Mr. Carroll's house, Mr. Carroll who had received some let- ters, from the Maj'r on the subject, fearing the consequence obtained an injunction from the Chancellor, for him to desist : with a summons to Maj'r L'Enfant to attend the Court of Chancery in December, to receive his decision on the subject, but before his return the house was in part demolished. Tho' this circumstance is sufficiently unfor- tunate of itself it is particularly so with respect to the time at which it has happened. We had just sent up a memorial to the Assembly, on several subjects which we had deemed of importance to the Federal City.# We therefore fear it may produce unfavorable impressions in the members respecting the several matters prayed for, Tho' we have taken every step in our power to prevent it. As soon as we met we issued directions to Maj'r L'Enfant and the persons acting under him in his absence, to desist till he received our instructions which might have obtained, what was proper in the Case, without any disagreeable conse- quences. As he cannot pretend to have Acted from any authority from us, we have been much hurt at insinuations, that he acted by authority from you. Being fully con- vinced that these were unfounded, we have not hesitated to declare that they were so. The Maj'r is at Dumfries, so that we have had no opportunity, of communicating, with him on the subject or learning his reasons and justifi- cations, anticipating your feelings on this subject, and fully apprised of the Maj'rs fitness for the work he is employed in, we cannot forbear expressing a hope that the affair may be still so adjusted that we may not lose his services." On receipt of this letter the President wrote to Major L'Enfant, who had advised him of the action he had taken:


"Philadelphia, Dec. 1, 1791.


"Sir: I have received with sincere concern the informa- tion from yourself as well as others, that you have proceed- ed to demolish the house of Mr. Carroll of Duddington, against his consent, and without authority from the Com- missioners or any other person. In this you have laid your-


*Urging the passage of the ratification bill-see post.


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self open to the laws, and in a country where they will have their course. To their animadversion will belong the present case. In future I must strictly enjoin you to touch no man's property, without his consent, or the previous order of the Commissioners. I wished you to be employed in the arrangements of the federal city. I still wish it: but only on condition that you can conduct yourself in subordination to the authority of the Commissioners, to the laws of the land, and to the rights of its Citizens.


"Your precipitate conduct will, it is to be apprehended, give serious alarm and product disagreeable consequences. Having the beauty and regularity of your plan only in view, you pursue it as if every person, and thing. was obliged to yield to it; whereas the Commissioners have inany circumstances to attend to, some of which, perhaps, may be unknown to you; which evinces in strong point of view the propriety, the necessity, and even the safety, of your acting by their directions.


"I have said, and I repeat it to you again, that it is my firm belief that the Gentlemen in Office have favorable dis- positions toward you, and in all things reasonable and proper will receive and give full weight to your opinions and ascribing to your zeal the mistakes that have happened I pursuade myself under this explanation of matters, that nothing in future will intervene to obstruct the harmony which ought to prevail in so interesting a work."


Major L'Enfant's position is set forth in a letter which he wrote the Commissioners on December 6, after the destruc- tion of the house had been completed. In the course of this letter he says :


"The peculiar circumstance attending the undertaking of Mr. Carroll of Duddington, together with his manifest- ed disposition to contravene his engagement and oppose the progress of operating being sufficiently known you could not but be satisfied that I acted with propriety in proceed- ing as I have done. Had that house been one of those improvements the removal of which in complyance with the compact between the individuals and the public would have required a previous estimate of its value, I would have doubtless referred the circumstance to the consider- ation of your board and would have suspended the oper- ation until matter had been adjusted between you and the individual concerned, but this not being necessary in the


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case of Mr. Carroll of Duddington, a different mode of process was expedient and proper and the mode I pursued it must be allowed has been more delicate than was his right to expect-having offered him a fair opportunity to oppose at least contest an immediate operation.


"The measure was necessary and expedient to be pro- ceeded to with allacrity it was proper-I proceeded to it of right as well as I do in directing trees to be cut down or rock to be removed where obstructive to the operations or impediments in the streets, and if the way of process is made or any individual injured it is to me and not to the people employed to whom opposition is to be made and lead in my steps with due regard to the public as well as to the individuals rights. Complaints from any of them when founded on raison have and will always meet me ready to redress and when ever the matter will be of a nature as to require your interference you will always find me disposed to respect the hotority vested in you by law. "In this instance the magnitude of the object to remove only constituted its importance-the novelty of the case has I conceive rised your apprehension and I account how one of the gentlemen of your board close connection with Mr. Carroll of Duddington, most have interested you to the event and lead you to conceive the undertaking delicate and of consequence for you to determine upon.


*


"The removing of the building Mr. Carroll of Dudding- ton, had erected in contrariety to the plan was doing justice to them all and it has been effected without a violation of the right of property a difference and a wide one too being to be made in this case from that of touching a man's property without his consent. This exposal of the consid- erations and reasons which was and ever will made the rue of my conduct being wholly to convince you I have acted consistently I hope from this explanation of the matter that nothing in future will intervene to disturb the har- mony and good understanding which it is desirable may prevail amongst all concerned in so interesting a work." Mr. Carroll, having considered the President's alternative propositions, accepted the one providing for the reconstruction of his house by the Commissioners; but when this became known


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to the other proprietors, they addressed a vigorous protest to the Commissioners who referred it to the President, by whom it was in turn referred, together with the statement of the case previously quoted and other pertinent documents, to the Attorney General.


The result of the Attorney General's consideration of the case was an agreement to pay Mr. Carroll the value of the materials in his house at the time of its destruction. The matter was later (June 4, 1792) settled by the payment of £1679, 12 sh, 3 d.


On Christmas (1791) Major L'Enfant started for Philadel- phia to prepare the plan of the city for engraving. He left in charge of operations two young men, Isaac Roberdeau and Balentine Baraof, to whom he gave instructions as to the work to be attended to in his absence. Under his instructions Mr. Roberdeau took twenty-five of the men engaged in the city work to the stone quarry at Aquia Creek. The Commissioner, think- ing it more important that the work of digging up the clay for bricks should be pushed during the Winter season, requested Mr. Roberdeau to attend their meeting to receive their instruc- tions. Instead of complying with their request Mr. Roberdeau proceeded to Aquia Creek. The Commissioners at the same time directed Mr. Baraof to discontinue the work in the city in which he was engaged and to discharge the hands, settle their accounts, take care of the tools, and sell a horse purchased at the public expense. Instead of obeying he went to Virginia to consult Mr. Roberdeau and on returning ordered a supply of bread for the men preparatory to renewing operations. In consequence of this proceeding the Commissioners gave Mr. Baraof peremptory orders to turn over the public property in his charge to Capt. Elisha Williams and warned him that if he presumed to interfere in digging the soil or doing any act on the land as of his own or under any kind of public author- ity they would order actions of trespass against him. The patience of the Commissioners was now being rapidly exhausted as the following recital of events sent by them to the President under date of January 7th, 1792, will show.


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"From what we collect from the Commissary of provis- ions there are now retained in service about laborers and their overseers in the City and that Major L'Enfant has ordered 25 of them to be withdrawn from there to be employed in the Stone Quarry under the direction of Mr. Roberdeau, who has left George Town on that business though previously told by two of the Commissioners sepa- rately and by the third on his way that his presence was desired at the meeting and we have reason to believe that he proceeded, to avoid orders from us, independent of this mortifying treatment we think it advisable, from the nature of the season, for the present at least, to put every thing we can on piece work and to discharge the hands engaged on time wages and provisions, and employed in digging. For though pains were taken on our part to get brick clay turned up this Fall, we have no knowledge or reason to believe, that a spade of clay has been turned up for that purpose, but labor diverted to other objects which may correspond with Major L'Enfant's designs respecting the Capital and Palace, but we do not conceive that there is certainly enough of the adoption of unprepared plans to warrant the cost of digging long, deep, wide ditches in the midst of the Winter, which if necessary at all might be done much cheaper at some other season. These impres- sions though we wish to avoid a step in Major L'Enfant's absence, which he may possibly think wanting in delicacy, have occasioned us to discharge the hands. The produce of our funds and the public expense must be brought into view and comparison by us: for supposing as we do, that we are not answerable in our private characters for debts incurred within the line of our Office, our honor is con- cerned, that the engagements entered into with our approba- tion should be faithfully complied with nor can we suffer ourselves to be led from these objects: it will hence be necessary that we know and approve the thing to be done and the means and calculations to effect it. We flatter ourselves we need not declare to you that we shall be glad to receive advice, as such at all times, for we are conscious that we need that assistance, and that we ever sincerely wish an unreserved intercourse, and are yet disposed to meet in measures to that end. But without remaining over disagreeable occurrences Major L'Enfant and Major Elli- cott both must if we do business with them consult us in the future. We exceedingly regret the necessity we feel


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ourselves under in interrupting the too few moments you have of leisure and shall truly lament if it so happens the loss of Major L'Enfant's taste and professional abilities, of which we with yourselves have a high opinion : but we owe something to ourselves and to others which cannot be given up."


After issuing orders to Mr. Roberdeau on January 10th, to turn the public property over to Capt. Elisha Williams, the Commissioners, thinking everything settled for the time, dis- persed to their homes. The day following their departure Mr. Roberdeau, collected hands and resumed the digging operations. The Commissioners were summoned by express and making their way to where Mr. Roberdeau was carrying on the work, were informed that he was determined to execute Major L'Enfant's orders in opposition to theirs. On the arrival of mail from Philadelphia he announced that by reason of a com- munication from Major L'Enfant he held it necessary for his justification to submit to an arrest, which the Commissioners proceeded to cause. He informed the Commissioners that Major L'Enfant had directed him to desire the Commissioners not to have any clay turned up for bricks at the President's House.


On receipt of information of these proceedings the Pres- ident both in person and through others endeavored to bring the Major, who was then at Philadelphia, to adopt his views as to the Major's functions.


On February 22, 1792, Mr. Jefferson at the President's instance tactfully informed Major L'Enfant that his continua- tion in the work would be desirable to the President, but that the law required it should be in subordination to the Commis- sioners who would from time to time receive his propositions and submit them to the President to be approved or disap- proved, and that when they should be returned with the Pres- ident's approval, the Commissioners would place in the Major's hands the execution of such parts as should be arranged with him.


This statement of his position was not satisfactory to the Major and after a series of interviews and communications back and forth Major L'Enfant and the President came to a dead-


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lock; the Major refusing without qualification to finish the work in a capacity subordinate to that of the Commissioners. Regret- fully the President was compelled to face the necessity of dispensing with the Major's services, his decision being conveyed in the following letter to the Major from Mr. Jefferson :


"Philadelphia, Feb. 27, 1792.


"Sir: From your letter received yesterday in answer to my last, and your declaration in conference with Mr. Lear, it is understood that you absolutely decline acting under the authority of the present Commissioners. If this understanding of your meaning be right, I am instructed by the President to notify you that notwithstanding the desire he has entertained to preserve your agency in the business, the condition on which it is to be done is inadmis- sible, and your services must be at an end.


Your most obedient humble servant, Major L'Enfant.


Thomas Jefferson."


Writing the Commissioners under date of March 6, 1792, the President recites the efforts made by him to reach a friend- ly understanding with Major L'Enfant. The pertinent por- tions of his letter follow :


"Matters are at length brought to a close with Major L'Enfant. As I had a strong desire to retain his services in this business, provided it could have been done upon a proper footing, I gave him every opportunity of coming forward and stating the mode in which he would wish to be employed, always, however, assuring him that he must be under the control of the Commissioners. But after keeping open the communication with him as long as any reasonable means could be found of doing it, he chose to close it by declaring that he could only act in a certain way,-which way was inadmissible. His services, there- fore, must be no longer calculated upon. Altho' his talents in designing, and the skill which he is said to possess in the execution of this kind of business may occasion the loss of his services to be regretted; yet I doubt, upon the whole, whether it will be found in the end that his dereliction will be of real disservice to the undertaking; for so unac- commodating is his disposition that he would never suffer any interference in his plans, much less would he have been contented under the direction of the Commissioners. I am convinced, Gentlemen, that in your transactions with


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Major L'Enfant you must have suffered much from his temper ;- and if my approbation of yr. conduct in this business can afford you pleasure, you may be assured you have it. Even if I had no corroboration of the fact, I should be persuaded, from what I have known of his dis- position on the recent occasion, that there would scarcely be a possibility of acting harmoniously in concert with him. "As Mr. Jefferson has, in his letter, mentioned the particular objects to which your attention will probably be turned-I shall only observe here that I am impressed in the strongest manner, with the necessity there is of carrying on this business with as much vigor as the nature of the thing will admit. It has been observed by intelligent and well informed men, (not however of the class most friendly to the measure) that the whole success of the fed- eral City depends upon the exertions which may be made in the ensuing season towards completing the object; for such is now the state of the public mind on this subject that it appears as if it were in an equilibrium, and will preponderate either for or against the measure as the progress of the thing may be. And there are not wanting those who, being interested in arresting the business, will leave no means unessayed to injure it. By the proposition for a loan which Mr. Jefferson transmits to you, you will see what prospect you have of funds in addition."


In all of his controversies with the Commissioners, Major L'Enfant had enjoyed the support and sympathy of most of the proprietors, to which cause, it is very easy to believe, may probably be ascribed, in part at least, the obstinancy which he displayed. On hearing of the Major's dismissal a number of the proprietors wrote to Mr. George Walker, who was in com- munication with Mr. Jefferson, the following letter for Mr. Jefferson's attention :


"Georgetown, March 9, 1792.


"Sir: We are obliged by your communication of the letter from the Secretary of State.


"We cannot but lament extremely that the misunder- standing between the Commissioners and Major L'Enfant, has ended in the dismission of the latter-for, having from our own knowledge of his Conduct, formed the highest opinion of his Talents, his unwearied zeal, his firmness,


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(though sometimes perhaps improperly exterted, in general highly useful), his impartiality to this or to that end of the City; or to the views of those proprietors, with whom he has been in Friendship or otherwise-and from his total disregard for all pecuniary considerations, we greatly doubt whether a successor can be found in this country, or indeed in any country, qualified to be so eminently useful to the object in which we are all so Interested,-and cer- tainly none can be found possessing in a higher degree, the public confidence, a circumstance which we cannot help thinking of very great importance in the business where as much depends on public opinion. Thus thinking, we anxiously hope that some mode will yet be devised by the friends of this place at Philadelphia, to secure to the City, the benefit of Major L'Enfant's future services.


"The Commissioners we presume, would do everything they could do, consistently with their duty, to accommodate to his views, and however he may have been misled by the warmth of his Temper, we are persuaded from his well known attachment to the object, which has employed so much of his time and study, that he will on cooler reflexion and on knowing the highest confidence placed in him by the Bulk of the proprietors, stand less on Punctilio than he has hitherto done; especially if he could have assurances, that in things really in his province (and in which from his Scientific knowledge and approved Taste, He would be most competent to Decide) he would be left without controul.


"As you are in correspondence with the Secretary of State, and as it is but justice to Major L'Enfant that the Opinion the proprietors entertain of his merit, from their own observation, should be known to those to whom he owed his appointment, we request you will enclose this letter with your own. We are, Sir,


Your most obed servts,


Robert Peters,


Ben Stoddert,


John Davidson,


Uriah Forrest,


Sam Davidson,


Wm. Prout,


Jas. M. Lingan,


Overton Carr,


Abraham Young,


David Burnes,


Wm. King, Eliphaz Douglas."


The President's determination to dismiss Major L'Enfant was not reached without serious consideration of the possible


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consequences to the city, not only by reason of the loss of the Major's services, but through the loss of public confidence which was likely to result therefrom, and the consequent strength- ening of the claims of Philadelphia for the permanent retention of the Seat of Government at that place.


According to a letter which he wrote to Dr. Stuart shortly after the dismissal of Major L'Enfant, the President was strong- ly apprehensive that either the Major or his friends would come out with a public announcement, to quote the President, "that he found matters were likely to be conducted upon so pimping a scale that he would not hazard his character or reputation on the event under the controul he was to be placed ;" and that it would require the most vigorous exertions on the part of the Commissioners looking to the prosecution of the work along the lines of Major L'Enfant's plan, to prevent the chrystallization of public sentiment in favor of an abandon- ment of the project.


The question of the compensation to be offered Major L'Enfant for his services was determined by President Wash- ington after consultation with others in his confidence at Phila- delphia. In his letter to Doctor Stuart, just referred to, he says "the plan of the city having met universal approval (so far as my information goes) and Major L'Enfant having become a very discontented man, it was thought that less than from 2,500 to 3,000 dollars, would not be proper to offer him for his services." "Instead of this," he suggests, "suppose five hundred guineas, and a Lot in a good part of the City were to be substituted ? I think it would be more pleasing, and less expensive." Previous to his discharge the Major had received six hundred dollars and his expenses, but had persistently refused, though several times requested by the Commissioners, to name the compensation he would expect. Acting upon the President's suggestion, the Commissioners wrote to the Major advising him that they had sent an order in his favor for five hundred guineas and would add to it a lot in the city.


Major L'Enfant wrote briefly in reply that without inquir- ing into the principles upon which they based their offer he


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should only testify his surprise thereupon, and decline to accept it.


What amount he regarded as requisite to adequately com- pensate him for his services he does not appear at the time to have indicated either to the Commissioners or to the President. In 1800 he presented a claim to the then members of the commis- sion in which, without naming any specific sum, he enumerated the following items :


"1st. Of a Salary of my Agency commensurate with the magnitude and importance of the Object and of the Affairs managed.


"2ndly. Of payment for the delineation of the City Plan on an estimation expected such as the Sentiment of a work of genious alone can suggest and-differencing the pro- duction of the artist from that of the mere artisan or virtuoso, making also the price comport with the benefit in the end to result to the Nation.




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