Statute Ⅰ.
Chap. XCVI.—An Act to authorize and empower the corporation of the city of Washington, in the District of Columbia, to drain the low grounds on and near the public reservations, and to improve and ornament certain parts of such reservation.[1]
The corporation of Washington, under direction of the President, authorized to contract with the Washington Canal Company, and to change the location, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the mayor, aldermen, and the common council, of the city of Washington, under the direction of the President of the United States, and the said corporation is hereby authorized, when they shall deem it necessary, to contract with the Washington Canal Company, and obtain their consent, to change the present location of such parts of the canal, passing through the said city, as lies between Second and Seventh streets west, into such other course as shall most effectually, in their opinion, drain and dry the low grounds lying on the borders of Tyber creek.
The corporation empowered, after having extended the public reservation, and caused the public reservations, &c. to be divided into building lots, to sell the right of the United States to such lots, at public sale, &c.
The corporation further authorized to lay off four squares, divide them into building lots, and to dispose of the right of the United States to such lots, at public sale, &c.
No change in the direction of the canal, without the written consent, &c.
The change to be made out of moneys paid by the corporation, &c.
No landing for wharfage between Third and Sixth streets.Sec. 2. And be it further enacted, That, to effect the object aforesaid, and to fill up the low grounds on the borders of the said canal, in such manner as they may provide by law, the said corporation is hereby authorized and empowered, after having extended the public reservation, designated on the plan of the said city as number ten, so as the whole south side thereof shall bind on the line of Pennsylvania avenue; and after having caused to be divided the said public reservation numbered ten, except such part thereof as has already been sold, and also the public reservations numbered eleven and twelve, into building lots, to sell and dispose of the right of the United States of, in, and to, the said lots, or any number thereof, laid off as aforesaid, at public sale, on such conditions of improvement, and on such terms, as the said corporation shall prescribe: and the said corporation is further authorized and empowered, for the purposes specified in this act, to cause to be laid off, in such manner as the President of the United States may approve of, two squares, south of Pennsylvania avenue, between Third, and Sixth streets west, to front on the line of said avenue from the junction of said Sixth street west, and the said avenue, to the junction of Third street west with said avenue; and also to lay off, north of Maryland avenue, two uniform and correspondent squares, and the said four squares, when so laid off, to divide into building lots, and to sell and dispose of the right of the United States,
- ↑ In 1822 Congress passed an act, authorizing the corporation of Washington to drain the ground in and near certain public reservations, and to improve and ornament certain parts of the public reservations. The corporation are empowered to make an agreement, by which parts of the location of the canal shall be changed, for the purpose of draining and lying the low grounds near the Pennsylvania avenue, &c. To effect these objects, the corporation is authorized to lay off, in building lots, certain parts of the public reservations, No. 10, 11, and 12, and of other squares, and also a part of B street, as laid out and designated in the original plan of the city, which lots they may sell at auction, and apply the proceeds to those objects, and afterwards to enclosing, planting, and improving other reservations, and building bridges, &c., the surplus, if any, to be paid into the treasury of the United States. The act authorizes the heirs, &c., of the former proprietors of the land, on which the city was laid out, who may consider themselves injured by the purposes of the act, to institute in the circuit court, a bill in equity, in the nature of a petition of right against the United States, setting forth the grounds of any claim they may consider themselves entitled to make, to be conducted according the rules of a court equity; the court to hear and determine upon the claim of the plaintiffs, and what portion, if any, of the money arising from the sale of the lots they may be entitled to, with a right of appeal to the Supreme Court. The plaintiffs, Van Ness and wife, filed their bill against the United States and the corporation of Washington, claiming title to the lots which had been thus sold, under David Burns, the original proprietor of that part of the city, and father of one of the plaintiffs, on the ground, that, by the agreement between the United States and the original proprietors, upon laying out the city, those reservations and streets were forever to remain for public use, and without the consent of the proprietors could not be otherwise appropriated or sold for private use; that the act of Congress was a violation of the contract; that by such sale and appropriation for private use, the right of the United States thereto was determined, or that the original proprietors re-acquired a right to have the reservations, &c., laid out in building lots, for their joint and equal benefit with the United States, or that they were in equity, entitled to the whole or a moiety of the proceeds of the sales of the lots. Held, that no rights or claims exist in the former proprietors of their heirs; and that the proceedings of the corporation of Washington, under and in conformity with the provisions of the act, are valid and effectual for the purposes of the act. Van Ness and wife v. The Mayor of Washington, and the United States, 4 Peters, 232.
