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City of Washington.

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the instalment which became due in May, 1795, but early in that year discontinued the buildings which they had commenced under their contract, and in which very little progress has since been made. The President, however, did not think it prudent to offer for sale so large a portion of the public property as would be necessary to raise the sums requisite for carrying on the public buildauthorize the declaration of his opinion in a message to Congress, accompanying the memorial of the Commissioners hereafter mentioned, that this property would be amply sufficient for the purpose, could it be reserved till after the removal of Government, or till it could be sold in small parcels to such as would purchase for their own use. It was therefore determined to solicit the patronage of Congress, which was done in the year 1796, by a memorial from the Commissioners, stating the affairs of the Federal seat in as clear a light as circumstances would then admit, and suggesting the propriety of authorizing a loan bottomed on the city property, and guarantied by Congress, if that property should prove deficient. Congress approved of the measure, and author

according to the terms and conditions of such pur- 'Washington, at any time after sixty days' notice chases; and the produce of the sales of the said of such sale, in some of the public newspapers of lots, when sold as aforesaid, should in the first Georgetown and Baltimore town, and retain in place be applied to the payment in money to the their hands sufficient of the money produced by original proprietors for all the parts of their lands such new sale, to satisfy all principal and interwhich should be laid off in lots, squares, or par-est due on the first contract, together with the cels, and appropriated to the use of the United expenses of advertisement and sale; and the origiStates, at the rate of £25 per acre, not accountingnal purchaser, or his assigns, shall be entitled to streets any part thereof; and the surplus, wheth-receive from the said Commissioners, at their er in money or securities of any kind, should be treasury, on demand, the balance of the money paid, assigned, transferred, and delivered over to which may have been actually received by them the President for the time being, as a grant of or under their order, on the said second sale; and money to be applied to the purposes mentioned in all lots so sold shall be freed and acquitted of all the aforesaid act. In which deeds of trust, it is claim, legal, and equitable, of the first purchaser. further provided, that the said Trustees should at his heirs and assigns." any time, at the request of the President of the Notwithstanding the favorable prospect which United States, convey all or any of the said lands, this transaction for a time afforded, the scene soon which shall not then have been conveyed in exe-changed. The purchasers not only failed to pay cution of the trusts 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 the same may be perfected, (A.) A very valuable property being thus placed at the disposal of the President, he pursued those measures which appeared most conducive to the great objects committed to his charge. He directed public sales of the property, and authorized, by a wri-ings; believing, on grounds sufficiently solid to ting under his hand, dated 29th September, 1792, the Commissioners, or any two of them, to sell, or agree for the sale of any lot or lots in the said city at private sale, for such price and on such terms as they should think proper, (B.) But no sales took place deserving attention, until the 23d of December, 1793, when a contract was made with Robert Morris and James Greenleaf, for the sale of six thousand lots, averaging five thousand two hundred and sixty-five square feet each, at the rate of eighty dollars per lot, payable in several equal annual instalments, without interest, commencing the 1st of May, 1794, and with condition of building twenty brick houses annually, two stories high, and covering twelve hundred square feet each; and with further condition that they should not sell any lots previous to the 1st of Jan-ized a loan, under their guaranty, to the amount uary, 1796, but on condition of erecting on every third lot one such house within four years from the time of sale, (C.) This contract was afterwards modified by an agreement of the 24th of April, 1794, by which the payment of 80,000 dollars, and the erecting the first-mentioned houses, should rest on the joint bond of the said Morris and Greenleaf, and of John Nicholson; and that one thousand lots should be conveyed to the said Morris and Greenleaf, (D.) which was accordingly done. It is proper to observe, that on the day on which the first-mentioned contract was executed, the Assembly of Maryland passed a law enacting, "that on all sales of lots in the said city, 'by the said Commissioners, or any two of them, 'under terms or conditions of payment being made 'therefor, at any day or days after such contract entered into, if any sum of the purchase money ' or interest shall not be paid for the space of thirty 'days after the same ought to be paid, the said Commissioners, or any two of them, may sell 'the same lots at public vendue, in the City of

of $300,000. It is needless to detail the fruitless attempts which were made to fill this loan with actual specie. The only loan which could be obtained was $200,000 in United States six per cent. stock, at par, from the State of Maryland, and for which the Commissioners were obliged, in addition to the guaranty of Congress, to give bonds, in their individual capacities, agreeably to the resolutions of the Assembly of that State, passed in the years 1796 and 1797. (E.)

The moneys arising from the sales of this stock, with the interest accrued thereon previous to the respective sales, amount to $169,873 41; and the interest paid thereon, up to the 30th of September last, inclusive, amounts to $39,000; so that the net sum of $130,873 41 remained applicable to the use of the public.

The extent of these loans being thus ascertained, and the purchasers of lots still failing to pay the amount of their purchases, it became obvious that the views of Government could not be accomplished without further aid.

City of Washington.

The Commissioners, therefore, prepared a second memorial to Congress, stating the situation of the Federal seat, and the resources which remained in their hands, which memorial was transmitted by the President to Congress on the 23d of February, 1798, and, in consequence, an act was passed authorizing the Treasurer of the United States to advance the sum of $100,000, at the times in the said act mentioned, which was declared to be in full of the sums previously guarantied. From the difficulty of collecting outstanding debts, as well from purchasers at public sales held by the Commissioners for default of payment by the first purchasers, as from the first purchasers themselves, it became evident that the several objects considered as necessary previous to the removal of Government could not be accomplished with the means at the disposal of the Commissioners; application was therefore made to the Assembly of Maryland for a loan, and a resolution of that Legislature was obtained on the 23d of December, 1799, directing the trustee of the State to transfer to the Commissioners of the Federal buildings in the City of Washington the sum of $50,000 of the stock of the United States, bearing a present interest of six per cent. per annum, on their giving such real and personal security as the Governor and Council should approve, for the payment of the principal sum, on or before the 1st day of November, 1802, and the punctual payment of the interest quarter-yearly. Whereupon, Gustavus Scott and William Thornton, two of the Commissioners, together with Uriah Forrest and James M. Lingan, entered into bond to the State of Maryland for payment of the principal sum of $50,000, and interest thereon; and the said Uriah Forrest executed a mortgage on 420 acres of land, for the same purpose, agreeably to the said resolution; the abovementioned Commissioners having agreed, by a letter dated 28th of February, 1800, and directed to the said Uriah Forrest and James M. Lingan, in answer to their letter of the same date, that all the property in the City of Washington, before that time sold or contracted for, and where the payments had not been made, (except the property pledged by the act of Congress to secure the loan of $300,000,) should be held as security for the payment of the said sum of $50,000. (F.)

The Trustee of the State transferred the stock accordingly, which has been sold at different times, including the interest received thereon, for the sum of $42,738 36, and interest has been paid thereon up to the 30th of September last, inclusive, to the amount of $2,250, leaving the net sum of $40,488 96 to be applied to public use. The land which has been accepted, or purchased by the Commissioners for the use of the United States, and which yet remains unsold, (exclusive of lots forfeited for non-payment of the purchase money, and which for that cause are liable to be resold.) consists of 24.655,735 square feet of ground in the City of Washington, equal to 4,682 lots of 5.265 square feet each, exclusive of lots which bind on navigable water; these form fronts to the extent of 2,043 feet, and are generally sold by the

foot front. It is impossible to ascertain with precision the value of this property; some idea may be formed of it by taking the average price at which similar property has heretofore been sold; in this case, a reference must be had to the different situations; 3,178 of the city lots lie northeast of Massachusetts avenue, in which situation only five standard lots (except 1,500, part of Morris & Greenleaf's selection of 6,000 lots) have been sold by the Commissioners; but many lots (of private property) on the same side of that avenue have been sold. We have been able to ascertain the price of 355 of these, which, united with the price of the five lots sold by the Commissioners, make an average of upwards of $105 per standard lot, which rate would produce, by the sale of the whole number on that side of the avenue, the sum of $333,747. The remaining 1,504 lots are situated to the southwest of Massachusetts avenue; the average price of lots sold in that division of the city, since passing the guaranty law in May, 1796, is $343, at which rates the abovementioned 1,504 lots would produce $515,872. The average price of lots binding on navigable water, sold during the same period, is $12 71 per foot front. The property of this descriptoin, remaining to be sold at the same rate, would produce $25,979 24. It is to be observed that most of these lots were sold at periods remote from the time when profit could be expected to arise from them, and many of them at reduced prices, in consequence of covenants to build thereon. Although it may be admitted that the lots heretofore sold, are, on an average, better than those which remain for sale, yet the change of circumstances under which future sales may be made we hope will more than counterbalance the difference. In addition to this property, four wharves have been built, at the expense of thirty-two hundred and twenty-one dollars eighty-eight cents, which yet remain in a useful state.

An island in Aquia creek, in the State of Virginia, was purchased, in the year 1791, for the sum of $6,000, on account of the freestone quarries therein, which has been conveyed to the beforementioned Thomas Beall and John M. Gantt for the use of the United States. Thus a real estate of the value of $884,819 88, according to the best estimate we are able to form, remains at the disposal of Government. (G.)

The measures to be pursued, with regard to this property, it is not for us to determine; but we think it necessary to state some other matters which require attention. The debts due, and shortly to become due, to the city fund, and which are considered as good, amount to $144,125 80; and the debts contracted on the credit of that fund, as nearly as can be ascertained, amount to $360,881 05. (G.)

Although it is believed that all the debts stated to be good may be ultimately recovered, (they being due for property sold and not conveyed, or secured by notes with sufficient endorsers,) yet the difficulty of enforcing payment is such that they cannot be relied on for the punctual payment of the interest on the several loans from the State of

City of Washington.

Maryland, of the sums due to individuals, and the expenses of the Commissioners' office.

We further observe, that only three squares remain undivided, owing to the original proprietors not having agreed on their respective proportions therein; and that the division of thirty-three squares has been agreed upon, but the papers respecting them are not yet signed by the parties; and that the accounts with some of the original proprietors for land appropriated for public use have not yet been settled, owing to a difference of opinion between the Commissioners and them with respect to small portions of land for which they claim payment.

Thomas Beall and John M. Gantt, the trustees before named, have, at the request of the President of the United States, conveyed the building lots in the city of Washington to Gustavus Scott, William Thornton, and Alexander White, subject to the trusts remaining to be executed. Gustavus Scott has since deceased. The said trustees have been required by the President to convey the streets and grounds appropriated to public use to the Commissioners, but have not complied.

State of Maryland, of the one part. and Thomas Beall, of George, and John Mackall Gantt, of the State of Maryland, of the other part, witnesseth: That the said Abraham Young, for and in consid eration of the sum of five shillings, to him in hand paid by the said Thomas Beall, of George. and John M. Gantt, before the ensealing and de livery of these presents, the receipt whereof he doth hereby acknowledge; and thereof doth against the said Thomas Beall, of George, and John M. Gantt, their executors and administra tors, and also for and in consideration of the uses and trusts hereinafter mentioned, to be performed by the said Thomas Beall, of George, and John M. Gantt, and the survivor of them, and the heirs of each survivor, according 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 and John M. Gantt, and the survivor of them, and the heirs of such survivor, all the lands of him, the said Abrabraham Young, lying and being within the following limits, boundaries, and lines, to wit: Beginning on the east side of Rock creek, at a stone standing in the middle of the 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, making an angle of sixtyone degrees and twenty minutes with the meridian, to a stone standing in the road leading from Bladensburg to the Eastern Branch ferry; then, 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; thence, east, paral

Several acts of the Legislature of Maryland have vested certain powers in the Commissioners, which it may be proper to notice, particularly an act passed the 19th December, 1791, entitled "An act concerning the Territory of Columbia and City of Washington," a copy whereof is enclosed, (marked H;) and an act passed in December, 1793, being a further supplement to the act above mentioned; by the first paragraph of which it is enacted, "That the certificates granted, or which may be granted by the said Commissioners, or any two of them, to purchasers of lots in the said city, with acknowledgment of the payment of the whole pur-lel to the said east and west line, to the Eastern chase money and interest, if any shall have arisen thereon, and recorded agreeably to the directions of the act concerning the Territory of Columbia , and City of Washington, shall be sufficient and effectual to vest the legal estate in the purchasers, their heirs, and assigns, according to the import of such certificate, without any deed or formal conveyance."

The second paragraph of the last mentioned act, empowering the Commissioners to resell lots for default in payment of the first purchase money, has been before recited.

The Commissioners having stated all the facts and observations which appear to them necessary for the information of Government respecting the business committed to their charge, with the greatest deference and respect submit the same to the consideration of the President of the United WILLIAM THORNTON, ALEXANDER WHITE, W. CRANCH. COMMISSIONERS' OFFICE, Jan. 28, 1801.

States.

A.

Copy of a Deed of Trust for Land in the City of
Washington.

This indenture, made this day of June, in the year 1791, between Abraham Young, of the

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 or lots of which the said Abraham Young is seized, or to which he is entitled, lying in Carrollsburg or Hamburg; 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 trusts 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 and 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 convey to the Commissioners for the time being, appointed by virtue of the act of Congress, entitled "An act for establishing the temporary and permanent seat of the Government 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

City of Washington.

And when

lots, into which the lands hereby bargained and States as aforesaid, or by purchasers. sold shall have been laid off and divided, that a any lots or parcels shall be occupied under purfair and equal division of them shall be made; chase or appropriations as aforesaid, then, and not and if no other mode of division shall be agreed till then, shall the said A. Young relinquish his on by consent of the said A. Young, and the occupation thereon. And in trust, also, as to the Commissioners for the time being, then such resi- trees, timber, and wood on the premises, that he, due of the said lots shall be divided, every other the said A. Young, his heirs or assigns, may freely lot alternate to the said A. Young; and it shall, cut down, take, and use the same as his and their in that event, be determined by lot whether the property, except such of the trees and wood growsaid A. Young shall begin by the lot of the low- ing as the President or Commissioners aforesaid est number laid out on the said land, or the follow- may judge proper, and give notice, shall be left ing number; and all the said lots which may in for ornament; for which the just and reasonable any manner be divided or assigned to the said value shall be paid to the said A. Young, his exAbraham Young shall thereupon, together with ecutors, administrators, or assigns, exclusive of the any part of the said bargained and sold land, if twenty-five pounds per acre for the land. And in any, which shall not have been laid out into the case the arrangements of the streets, lots, and the said city, be conveyed by the said Thomas Beall, like, will conveniently admit of it, he, the said A. of George, and John M. Gantt, or the survivor of Young, his heirs and assigns, shall, if he so desire them, or the heirs of such survivor, to him, the it, possess and retain the buildings and gravesaid Abraham Young, his heirs or assigns; and yards, if any, on the hereby bargained and sold that the said other lots shall and may be sold at lands, paying to the President at the rate of twelve such time or times, in such manner, and on such pounds ten shillings per acre for the lands so reterms and conditions, as the President of the Uni- tained, because of such buildings and grave-yards ted States for the time being shall direct. And to be applied as aforesaid; and the same shall be that the said Thomas Beall, of George, and John thereupon conveyed to the said A. Young, his M. Gantt, or the survivor of them, or the heirs of heirs and assigns, with his lots; but if the arrangesuch survivor, will, on the order or direction of ments of the streets, lots, and the like, will not the President, convey all the said lots so sold and conveniently admit of such retention, and it shall ordered to be conveyed to the respective purcha- become necessary to remove such buildings, then sers, in fee simple, according to the terms and the said A. Young, his executors, administrators, conditions of such purchases; and the produce of or assigns, shall be paid the reasonable value the sales of the said lots, when sold as aforesaid, thereof, in the same manner as squares or other shall, in the first place, be applied to the payment ground appropriated for the use of the United in money to the said A. Young, his executors, ad- States are to be paid for. And because it may so ministrators, or assigns, for all the part of the land, happen that, by the deaths or removals of the said hereby bargained and sold, which shall have been Thomas Beall, of George, and John M. Gantt, and laid off in lots, squares, or parcels, and appropri- from other causes, difficulties may arise in fully ated as aforesaid to the use of the United States, perfecting the said trusts by executing all the said at the rate of twenty-five pounds per acre, not ac- conveyances, if no eventual provision is made; it counting the said streets as part thereof; and the is therefore agreed and covenanted between all the said twenty-five pounds per acre being so paid, or in said parties, that the said Thomas Beall, of George, any other manner satisfied, that then the produce and John M. Gantt, or either of them, or the heirs of the same sales, or what part thereof may re- of either of them, lawfully may, and that they at main as aforesaid in money, or securities of any any time at the request of the President of the kind, shall be paid, assigned, transferred, and de- United States for the time being, will convey all livered over to the President for the time being, or any of the said lands hereby bargained and sold, as a grant of money, and to be applied for the pur- which shall not then have been conveyed in exeposes and according to the act of Congress afore-cution of the trusts aforesaid, to such person or persaid. But the said conveyance to the said A. Young, 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 A. Young, his heirs or assigns, shall and may continue his possession and occupation of the said land hereby bargained and sold, at his and their will and pleasure, until the same shall be occupied under the said appropriations for the use of the United

sons as he shall appoint, in fee simple, subject to the trusts then remaining to be executed, and to the end that the same 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 for 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 carrying into effect the trusts, purposes, and true intent of this present deed.

In witness whereof, the parties to these presents have interchangeably set their hands and affixed their seals, the day and year first above written. Signed, sealed, &c., A. YOUNG.

R. T. HOOE,
Daniel Jenifer, Jun.

B.

City of Washington.

Copy of the President's order to the Commissioners to express condition that one such house, at the leas

sell at private sale.

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Copy of Morris and Greenleaf's contract with the Commissioners, dated 24th December, 1793. Articles of agreement made and indented this twenty-fourth day of December, in the year of our Lord one thousand seven hundred and ninety-three, between the Commissioners for the Federal Buildings in the City of Washington on the one part, and Robert Morris, of the city of Philadelphia, and James Greenleaf, of the city of New York, Esquires, of the other part. Whereas the said Commissioners, on the twenty-third day of September last, did enter into an agreement, in writing, with the said James Greenleaf, for the sale of three thousand lots of ground in the City of Washington, at the price of twentyfive pounds, current money of Maryland, for each lot, to be ascertained in the mode specified in the said agreement; and the sale to be made upon the terms and conditions therein also specified, as by the said agreement, reference being thereto had, will more fully appear; and whereas the said James Greenleaf is empowered by the said Robert Morris to enter into a contract in his name and on his behalf, as his agent, for the purchase of a like number of lots in the said City of Washington, for such price and on such terms and conditions as may be agreed upon between him and the said Commissioners; and, in pursuance of such power, the said James Greenleaf hath agreed with the said Commissioners for the purchase of three thousand lots of ground in the said City of Washington, fifteen hundred of them to be designated on the southwest, and fifteen hundred of them to be designated on the northeast side of Massachusetts avenue, at the price of thirty-five pounds, current money aforesaid, for each of the said lots, payable yearly, in seven equal payments, without interest; the first of which payments to be made on the first day of May next ensuing the date of these presents, and so on the first day of May in each year succeeding thereto, until the whole of the seven payments shall have been made; and hath further agreed, in pursuance of the said power, that the said Robert Morris should build annually, for seven years next ensuing, ten brick houses, of two stories each, and each of them covering twelve hundred square feet, making, in the whole, seventy houses; and that the said Robert Morris, or his heirs, should not, before the first day of January, in the year one thousand seven hundred and ninety-six, sell or contract for the sale

of any of the said lots, but under and upon the should be built and erected on every third kt within four years next after such sale or contrae: for sale. But it is understood and hereby declared to be the meaning of the parties to these presents, that the said Robert Morris and James Greenleaf may, at their pleasure, associate to them one or more persons in the whole purchase, without creating on any of them an obligation to ereet on or for every third lot; and whereas it is agreed by and between the said Commissioners and the said James Greenleaf, that everything relating to a loan specified in the contract above mentioned. made between the said Commissioners and the said James Greenleaf on the twenty-third day of September last, to be hereafter made by the said James Greenleaf, shall be referred to a new contract, made and entered into this day by and between the said Commissioners and the said James Greenleaf, and shall have no other effect whatever than what such new contract specifies and ascertains; and whereas it is thought best, by the parties to these presents, to consolidate and join in one contract both the said agreements, and, further to prevent all disagreement concerning the size of the said lots, to fix and ascertain five thousand two hundred and sixty-five square feet as the average of the areas of the lots contracted for as aforesaid, as well as to ascertain and fix the general location of them, and to modify that part of the agreement with regard to the improvements to be made: Now, therefore, these articles witness, That the said Commissioners had sold and contracted for the sale and conveyance, and do hereby, for themselves and their successors, in consideration of the covenants of the said Robert Morris and James Greenleaf, hereinafter expressed, being fully executed and performed on their part, sell and contract for the sale and conveyance to them, the said Robert Morris and James Greenleaf, as tenants in common, and their heirs, in fee, six thousand lots of ground in the said City of Washington, upon the average of five thousand two hundred and sixty-five square feet to each lot, so that the aggregate in lots, reckoning in the ways to the squares, as the proportion thereof to the lots to be conveyed, shall amount to thirtyone million five hundred and ninety-thousand square feet, four thousand five hundred of which lots shall lie to the southwest of Massachusetts avenue, and the remaining fifteen hundred shall lie to the northeast of the said avenue. And that. of the said four thousand five hundred lots on the southwest of the said avenue, the said Robert Morris and James Greenleaf shall have the part of the city on Notley Young's land, and in that part of Daniel Carroll's land which lies in the branches of the canal, clear of Carrollsburg. And that the said Robert Morris and James Greenleaf shall have a right to choose, to satisfy the residue of the said four thousand five hundred lots lying to the southwest of the Massachusetts avenue aforesaid, on any part of the said southwest side of the avenue that they shall think proper, excepting such lots as shall lie in squares numbered as follow, to wit,

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