USA > Washington > Standard history of the city of Washington from a study of the original sources > Part 9
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fixed on, the water-courses were to be levelled, the heights taken, &c, &c?
"Let the whole of my declaration be taken together, and not a part only, and being compared with the instru- ments then subscribed,-together with some other circum- stances which might be alluded to, let any impartial man judge whether I had reason to expect that difficulties would arise in the conveyances.
"When the instrument was presented I found no occa- sion to add a word with respect to boundary, because the whole was surrendered upon the conditions which were expressed. Had I discovered a disposition in the subscrib- ers to contract my views, I should then have pointed out the inconveniences and the impolicy of the measure.
"Upon the whole I shall hope and expect that the bus- iness will be suffered to proceed-and the more so as they cannot be ignorant that the further consideration of a certain measure in a neighboring State stands postponed -for what reason is left to their own information or con- jectures.
"I expect to be with you at the time appointed, and should be exceedingly pleased to find all difficulties removed.
"I am, with great esteem, gentlemen
Your most obedient servant, George Washington.
Messr. Johnson, Stuart and Carroll, Georgetown."
Before starting on his Southern trip President Washington, whose itinerary had been carefully worked out in advance, arranged to meet with the Commissioners on June 27, by which time it was calculated he would have returned to Mount Vernon. After spending a week at Mount Vernon on the conclusion of his trip, riding over his farms and receiving visitors, he went to Georgetown as per appointment on June 27th, the particular business in hand being to bring the proprietors into line with his ideas as to the boundary line which should be adopted for the northeastern limits of the city and to obtain the execution of conveyances from them which should incorporate a descrip- tion adopting the boundary so determined. Among those who had protested against the description in the deed as originally drawn was Col. Stoddert who owned a tract of land near the Eastern Branch and lying just within the boundary as contemplated by
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the President. Upon this tract was a spring known as Gibson's or Cool Spring which delivered a copious flow of water and headed a stream which flowed castward to the Eastern Branch. This stream was located just east of the present intersection of Fifteenth and E Streets, northeast, and is now used by the Hygenic Ice Company. Col. Stoddert desired to have this spring excluded from the limits of the proposed city, and apparently this was the basis of his opposition to the form of the deed as first drawn. At any rate the President, accord- ing to his own version of the affair, had little difficulty in bringing the proprietors into line except that, either by way of compromise or as a favor to his old friend, he agreed to so draw the boundary line of the city as to exclude Col. Stoddert's spring. The line as finally agreed upon, instead of continuing straight to the Eastern Branch on the course it took at the crossing of Reedy Branch of Goose Creek (9th and Florida Avenue) takes a course due south at Fifteenth Street and Florida Avenue, northeast, continuing to C Street, northeast, and following the line of the last named street to the Eastern Branch, thus forming the right angled notch which appears on the maps of the city at that point .* The incidents of the President's stay are recited in the following extracts from his diary for that period :
"Monday 27, June, 1791: Left Mount Vernon for Georgetown before six o'clock; and according to appoint- ment met the Commissioners at that place by nine. Then calling together the proprietors of those lands on which the Federal City was proposed to be built who had agreed to cede them on certain conditions at the last meeting I had with them at this place but from some misconception with respect to the extension of their grants had refused to make conveyances and recapitulating the principles upon which my comns to them at the former meeting were made and giving some explanations of the present state of matters and the consequences of delay in this business they readily waived their objections and agreed to convey to the utmost extent of what was required.
*The Abraham Young Mansion, by Allen C. Clark. Vol. 12, Records Col. Hist. Soc.
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"Tuesday, 28th : While the Commissioners were engaged in preparing the deeds to be signed by the subscribers this afternoon, I went out with Majors L'Enfant and Ellicott to take a more perfect view of the ground in order to decide finally on the spots on which to place the public buildings and to direct how a line which was to leave out a spring (commonly known by the name of the Cool Spring) belonging to Major Stoddart should be run.
"Wednesday, 29th : The deeds which remained unexecuted yesterday were signed today and the Dowers of their respective wives acknowledged according to law. This being accomplished, I called the Several Subscribers together and made known to them the spots on which I meant to place the buildings for the P: and Executive departments of the government-and for the Legislature of D°. A Plan was also laid before them of the City in order to convey to them general ideas of the City-but they were told that some deviations from it would take place -- particularly in the diagonal streets or avenues, which would not be so numerous; and in the removal of the Presi- dent's house more westerly for the advantage of higher ground. They were also told that a Town house, or exchange wd be placed on some convenient ground be- tween the spots designed for the public buildings before mentioned, and it was with much pleasure that a general approbation of the measure seemed to pervade the whole.
"Thursday, 30th: The business which brot me to Georgetown being finished and the Commissioners instructed with respect to the mode of carrying the plan into effect I set off this morning a little after four o'clock in the prosecution of my journey to Philadelphia."
It was either while the President was at Georgetown on this occasion or on the occasion of a visit of Major L'Enfant to Mount Vernon that the latter laid his second report and tentative plan before the President.
Major L'Enfant's report was dated June 22, 1791. In this report the Major goes quite fully into his explanation of the system of avenues which was to characterize his plan, saying :*
"having first determined some principal points to which
*L'Enfant's Communications and Memorials. Vol. 2, Records, Col. Hist. Soc.
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I wished making the rest subordiante I next made the dis- tribution regular with streets at right angle north, south and east, west but afterwards I opened others on various directions as avenues to and from every principal places, wishing by this not merely to afford a greater variety of pleasant seats and prospect as will be obtained from the advantageous ground over the which the avenues are mostly directly but principally to connect each part of the city with more efficacy by, if I may so express, making the real distance less from place to place in menaging on them a reciprocity of sight and making them thus seemingly connected promot a rapide stellement (settlement) over the whole so that the most remot may become an addition to the principal while without the help of these divurgents communications such settlements if at all attempted would be languid, and lost in the extant would become detremental to the main establishment."
He further spoke of his system of avenues as "being com- bined to injure (insure) a rapide Intercourse with all the part of the City to which they will serve as does the main veins in the animal body to diffuse life through smaller vessels in quick- ening the active motion of the heart."
With respect to the points selected by him for the locations of the public buildings, he says :
"After much menutial search for an elligible situation, prompted I may say from a fear of being prejudiced in favour of a first opinion I could discover no one so advantageously to greet the Congressional building as is that on the west end of Jenkins heights (Capitol Hill) which stand as a pedestal waiting for a monument, and I am confident, were all the wood cleared from the ground no situation could stand in competition with this. Some might perhaps require less labour to be rendered agreeable but after all assistance of arts none ever would be made so grand and all other would appear but of secondary nature."
He then proceeds to discuss the location for the President's house, in the selection of which President Washington had apparently had some voice. He says :
"that where I determine the seat of the presidial palace, in its difference of nature may be view of advantage-
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ous to the object of adding to the sumptuousness of a palace the convenience of a house and the agreeableness of a country seat situated on that ridge which attracted your attention at the first inspection of the ground on the west side of the Tiber entrance it will see 10 or 12 miles down the Potowmack front the town and harbor of Alexandria and stand to the view of the whole city and have the most improved part of it made by addition to those grand improvements for which the ground in the dependenly of the palace is proper."
After remarking that he does not anticipate that any disadvantage will result from the distance between the Capitol and President's House, he continued :
"to make however the distance less to the other offices I placed the three grand Departments of State contiguous to the principle Palace and on the way leading to the Congressional House the gardens of the one together with the park and other improvement on the dependency are connected with the publique walk and avenue to the Con- gress house in a manner as most form a whole as grand as it will be agreeable and convenient to the whole city which form (from) the distribution of the local will have an early access to this place of general resort and all along side of which may be placed play houses, room of assembly, academies and all such sort of places as may be attractive to the learned and afford diversion to the idle."
In this he evidently referred to his scheme for the develop- ment of the Mall.
Other explanations set forth his plans for developing the Tiber Canal and the park south of the President's house, and indicate his intention to place "a grand Equestrian figure" of President Washington on the present site of the Washington Monument.
The deeds of which President Washington had secured the execution recited that in consideration of five shillings and of the uses and trust thereinafter mentioned, the proprietors conveyed all their lands within the defined boundaries of the city, except such as lay within the limits of Carrollsburgh or Hamburgh, to Thomas Beall, son of George, and John Mackall Gantt, in trust to be laid out into such streets, squares, parcels and lots as
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the President might approve for the purpose of the Federal City. They provided that the trustees should convey to the Commissioners all of the streets and such of the squares, parcels and lots as the President should deem proper, the residue of the lots to be equally divided between the proprietors. The half thus apportioned to the public were to be sold to raise money with which to erect the public buildings, but the first proceeds were to be applied to reimburse the proprietors for the land taken for the public reservations at the rate of £25 ($66) per acre, no payment being made for the land taken for streets.
The full text of the deeds follows:
"This indenture, made this 29th day of June, in the year of our Lord one thousand seven hundred and ninety- one, between (here is inserted the name of the grantor), of the State of Maryland, of the one part, and Thomas Beall, of George, and John M. Gantt, of the State of Mary- land, of the other part, witnesseth : That the said
(the grantor), for and in consideration of the sum of five shillings, to him in hand paid by the same Thomas Beall, of George, and John M. Gantt, before the sealing and deliv- ery of these presents, the receipt whereof he doth hereby acknowledge, and thereof doth acquit the said Thomas Beall, of George, and John M. Gantt, their executors and administrators; and also, for and in consideration of the uses and trust hereinafter mentioned, to be performed by the said Thomas Beall, of George, and Jolin M. Gantt, and the survivor of them, and the heirs of such survivor, accord- ing to the true intent and meaning thereof, hath granted, bargained, sold, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, alien, release, and confirm unto the said Thomas Beall, of George, and John M. Gantt, and the survivor of them, and the heirs of such survivor, all the lands of him, the said (grantor) lying and being within the following limits, boundaries, an'd lines, to wit: Beginning on the east side of Rock Creek, at a stone standing in the middle of the main road leading from Georgetown to Bladensburg; thence along the middle of the said road to a stone standing on the east side of the Reedy Branch of Goose Creek; thence southeasterly, mak- ing an angle of 61 degrees and twenty minutes with the meridian, to a stone standing in the road leading from
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Bladensburg to the Eastern Branch ferry; thence south, to a stone eighty poles north of the east and west line already drawn from the mouth of Goose Creek, to the Eastern Branch; then east, parallel to the said east-and- west line, to the Eastern Branch; thence by and with the waters of the Eastern Branch, Potomac River, and Rock Creek to the beginning, with their appurtenances, except all and every lot and lots of which the said
(the grantor) is seized or to which he is entitled in Car- rollsburgh or Hamburgh; to have and to hold the hereby bargained and sold lands with their appurtenances to the said Thomas Beall of George and John M. Gantt, and the survivor of them, and the heirs of such survivor forever: To and for the special trust following, and no other; that is to say: That all the said lands hereby bargained and sold, or such part thereof as may be thought necessary or proper to be laid out, together with other lands within the said limits, for a Federal City, with such streets, squares, parcels, and lots as the President of the United States for the time being shall approve; and that the said Thomas Beall of George and John M. Gantt, or the survivor of them, or the heirs of such survivor shall con- vey to the Commissioners for the time being, appointed by virtue of the act of Congress entitled 'An act for estab- lishing the temporary and permanent seat of the Govern- ment of the United States,' and their successors, for the use of the United States forever, all the said streets and such of the said squares, parcels, and lots as the President shall deem proper, for the use of the United States; and that as to the residue of the said lots, into which the said lands hereby bargained and sold shall have been laid off and divided, that a fair and equal division of them shall be made. And if no other mode of division shall be agreed on by consent of the said (the grantor and
the Commissioners for the time being, then such residue of the said lots shall be divided, every other lot alternate to the said -(the grantor), and it shall, in that event, be determined by lot, whether the said
(the grantor) shall begin with the lot of the lowest
number laid out on the said lands or the following number.
"And all the said lots which may in any manner be divided or assigned to the said - (the grantor) shall, thereupon, together with any part of the bargained and sold lands, if any, which shall not have been laid out
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in the said city, be conveyed by the said Thomas Beall of George and John M. Gantt, or the survivor of them, or the heirs of such survivor, to him, the said (the grantor), his heirs and assigns. And that the said other lots shall and may be sold at such time or times, in such man- ner, and on such terms and conditions as the President of the United States for the time being shall direct; and that the said Thomas Beall of George and John M. Gantt, or the survivor of them, or the heirs of such survivor, will, on the order and direction of the President, convey all the said lots so sold and ordered to be conveyed to the respec- tive purchasers in fee simple, according to the terms and conditions of such purchases; and tlie produce of the sales of the said lots when sold as aforesaid shall in the first place be applied to the payment in money to the said
(the grantor), his executors, administrators, or assigns, for all the part of the land hereby bargained and sold which shall have been laid off into lots, squares, or parcels, and appropriated as aforesaid to the use of the United States, at the rate of twenty-five pounds per acre, not accounting the said streets as part thereof.
"And the said twenty-five pounds per acre, being so paid, or in any other manner satisfied, that then the produce of the same sale, or what thereof may remain as aforesaid, in money or securities of any kind, shall be paid, assigned, transferred, and delivered over to the President of the United States, for the time being, as a grant of money, and to be applied for the purposes and according to the act of Congress aforesaid. But the said conveyance to the said (the grantor), his heirs or assigns, as well as the conveyance to the purchasers, shall be on, and subject to such terms and conditions as shall be thought reasonable, by the President, for the time being, for regulating the materials and manner of the buildings and improvements on the lots, generally, in the said city, or in particular streets, or parts thereof, for common convenience, safety, and order: Provided, Such terms and conditions be declared before the sales of any of the said lots, under the direction of the President. And in trust further, and on the agreement that the said
(the grantor), his heirs or assigns, shall and may continue his possession and occupation of the said lands hereby bargained and sold, at his and their will and pleasure, until they shall be occupied under the said appropriations for
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the use of the United States as aforesaid, or by purchasers; and when any lots or parcels shall be occupied under pur- chase or appropriations as aforesaid, then, and not until then, shall the said- - (the grantor) relinquish his occupation thereof. And in trust also, as to the trees, timber, and wood, on the premises, that he the said
(the grantor) his heirs or assigns, may freely cut down, take, and carry away, and use the same as his and their property, except such of the trees and wood grow- ing as the President or commissioners aforesaid may judge proper, and give notice, shall be left for ornaments, for which the just and reasonable value shall be paid to the
said (the grantor), his executors, adminis- trators, or assigns, exclusive of the twenty-five pounds per acre for the land.
"And in case the arrangements of the streets, lots, and the like will conveniently admit of it, he the said
(the grantor), his heirs or assigns, if he so desire it, shall possess and retain his buildings and graveyard, if any, on the hereby bargained and sold land, paying to the President at the rate of twelve pounds ten shillings per acre for the lands so retained, because of such build- ings and graveyards, to be applied as aforesaid, and the same shall thereupon be conveyed to the said
(the grantor), his heirs or assigns, with his lots. But if the arrangements of the streets, lots, and the like will not conveniently admit of such retention, and it shall become necessary to remove such buildings, then the said
(the grantor), his executors, administrators, or assigns, shall be paid the reasonable value thereof in the same manner as squares or other ground appropriated for the use of the United States are to be paid for. And be- cause it may so happen that by deaths or removals of the said Thomas Beall, of George, and Jolin M. Gantt, and from other causes, difficulties may occur in fully perfect- ing the said trusts, by executing all the said conveyances, if no eventual provision is made, it is therefore agreed and covenanted between all the said parties, that the said Thomas Beall, of George, and John M. Gantt, or either of them, or the heirs of any of them, lawfully may, and that they, at any time, at the request of the President of the United States for the time being, will convey all or any of the said lands hereby bargained and sold, which shall not then have been conveyed in execution of the trusts
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aforesaid, to such person or persons as he shall appoint, in fee simple, subject to the trusts then remaining to be executed, and to the end that some may be perfected.
"And it is further granted and agreed between all the said parties, and each of the said parties doth for himself, respectively, and his heirs, covenant and grant to and with the others of them, that he and they shall and will, if required by the President of the United States for the time being, join in and execute any further deed or deeds for carrying into effect the trusts, purposes, and true intent of this present deed. In witness whereof the parties to these presents have hereunto set their hands and affixed their seals the day and year first above written.
Signed by the grantor. [Seal.] Signed, sealed, and delivered in the presence of-"
The question of the authorship of these deeds, from which the greater part of the titles to land within the original limits of the city are commonly regarded as dating, is a subject for interesting speculation. Mr. Johnson undoubtedly drew them. In his letter to the Commissioners of April 3rd, almost imme- diately following the execution of the preliminary agreement by the proprietors, President Washington wrote :
"The form of the conveyances as drawn by the Attorney General will, I presume, require alteration or a counter- part, as the present agreement essentially differs from the former. If Mr. Johnson could conveniently undertake to prepare such a deed as he thinks would answer all the purposes both of the public and the Grantees I am sure it would be efficiently done. If this cannot be, then it might be well to furnish the Attorney-General of the United States with a copy of the agreement with the papers I left with you and such other information as will enable him to do it."
Following this letter is the record of the proceedings of the Commissioners from April 12, 1791, before quoted, wherein it is recited, that the form of the conveyance to Trustees was that day presented by Mr. Johnson and agreed to by the Com- missioners.
The letter from President Washington to the Commission- ers, however, indicates that a form of deed had already been
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prepared by the Attorney General, Edmund Randolph, and to what extent Mr. Johnson used this form in drawing the deed it is difficult to say.
The participation of the Attorney General is further indicat- ed by a note from President Washington to Mr. Jefferson dated Sunday, March 6, 1791, wherein he says:
"The President would thank Mr. Jefferson for placing all, or such of the enclosed papers (after he has perused them) in the hands of the Attorney General as he shall deem necessary for the purpose of drawing the several documents of the Ceded Lands or, the form of one. If the former, it is conceived further information than the enclos- ures contain is wanting. If the latter, the agreement, and perhaps the plat to which it refers, is all that is necessary; but the plat referred to, does not apply to the subsequent purchasers."
But while the evidence would thus strongly tend to show the joint authorship of the deeds to have been in Mr. Randolph and Mr. Johnson, there is evidence worthy of serious consider- ation indicating the possibility of Mr. Jefferson's having had a hand in this as in so many other matters connected with the task of starting the city on its road to actual existence.
In the letter which Mr. Jefferson wrote to the President on September 17, 1790, relating the results of his and Mr. Madison's interviews with General Mason, he enclosed a memorandum setting forth the substance of a proposed deed which he desired the President to forward to Mr. Charles Car- roll with whom the subject had been discussed. This memoran- dum was evidently drawn with the idea that the proprietors would sell their lands outright, as the scheme of a division between the proprietors and the government is not provided for therein. Nevertheless, the provisions set forth in Mr. Jefferson's memorandum are so similar to those of the deeds in trust as finally prepared that the conclusion is almost irresist- ible that Mr. Jefferson's memorandum was in large measure used either by the Attorney General or by Mr. Johnson as the foundation upon which the deeds were framed. It reads :
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