Morris v. United States

• Decision Date: 01 May 1899
• Docket Number: No. 49,49
• Citation: 43 L.Ed. 946,174 U.S. 196,19 S.Ct. 649
• Parties: MORRIS et al. v. UNITED STATES
• Court: U.S. Supreme Court

174 U.S. 196

19 S.Ct. 649

43 L.Ed. 946

MORRIS et al.

v UNITED STATES.

No. 49.

May 1, 1899.

[Syllabus from pages 196-198 intentionally omitted] The act of Maryland entitled 'An act to cede to congress a district of ten miles square in this state for the seat of the government of the United States' was in the following terms: 'Be it enacted by the general assembly of Maryland, that the representatives of this state in the house of representatives of the congress of the United States, appointed to assemble at New York, on the first Wednesday of March next, be and they are hereby authorized and required, on behalf of this state, to cede to the congress of the United States any district in this state, not exceeding ten miles square, which the congress may fix upon and accept for the seat of government of the United States.' Kilty's Laws Md. p. 46, c. 2.

On December 3, 1789, by an act entitled 'An act for the cession of ten miles square, or any lesser quantity of territory within this state, to the United States, in congress assembled, for the permanent seat of the general government,' Virginia ceded to the congress and government of the United States a tract of country not exceeding 10 miles square, or any lesser quantity, to be located within the limits of the state, and in any part thereof as congress may by law direct, in full and absolute right, and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon; providing that nothing therein contained should be construed to vest in the United States any right of property in the soil, or to affect the rights of individuals therein, otherwise than the same shall or may be transferred by such individuals to the United States; and providing that the jurisdiction of the laws of the commonwealth, over the persons and property of individuals residing within the limits of the said concession, should not cease or determine until congress should accept the cession, and should by law provide for the government thereof under their jurisdiction.

Congress, by an act entitled 'An act for establishing the temporary and permanent seat of the government of the United States,' approved July 16, 1790, accepted a district of territory, not exceeding 10 miles square, to be located on the river Potomac, and authorized the president of the United States to appoint commissioners, who should, under the direction of the president, survey, and, by proper metes and bounds, define and limit, the district, which, when so defined, limited, and located, should be deemed the district so accepted for the permanent seat of the government of the United States. It was further thereby enacted that the said commissioners should have power to purchase or accept such quantity of land on the estern side of said river, within the said district, as the president should deem proper for the use of the United States, and according to such plans as the president should approve, and that the commissioners should, prior to the first Monday in December in the year 1800, provide suitable buildings for the accommodation of congress, and of the president, and for the public offices of the government; and that on the said first Monday in December in the year 1800 the seat of the government of the United States should be transferred to the district and place aforesaid, and that all offices attached to the government should be removed thereto and cease to be exercised elsewhere. The act contained the following proviso: 'That the operation of the laws of the state within said district shall not be affected by this acceptance until the time fixed for the removal of the government thereto, and until congress shall otherwise by law provide.' 1 Stat. 130.

On January 22, A. D. 1791, Thomas Johnson and Daniel Carroll, of Maryland, and Daniel Stewart, of Virginia, were appointed by President Washington commissioners to carry the foregoing legislation into effect.

On March 3, 1791, congress passed an amendatory act, by which, after reciting that the previous act had required that the whole of the district or territory, not exceeding 10 miles square, to be located on the river Potomac, should be located above the mouth of the Esatern Branch, the president was authorized to make any part of the territory below said limit, and above the mouth of Hunting Creek, a part of the said district, so as to include a convenient part of the Eastern Branch and of the lands lying on the lower side thereof, and also the town of Alexandria, and that the territory so to be included should form a part of the district not exceeding 10 miles square for the seat of the government, but providing that nothing contained in the act should authorize the erection of the public buildings otherwise than on the Maryland side of the river Potomac.

On March 30, A. D. 1791, President Washington issued a proclamation, describing the territory selected by him for the location of the seat of government, as follows:

'Beginning at Jones' Point, being the upper cape of Hunting Creek in Virginia, and at an angle, in the outset, of forty-five degrees west of the north, and running in a direct line ten miles for the first line; then beginning again at the same Jones' Point and running another direct line at a right angle with the first across the Potomac ten miles for the second line; then from the terminations of the said first and second lines, running two other direct lines of ten miles each, the one crossing the Eastern Branch aforesaid and the other the Potomac, and meeting each other in a point.'

The commissions were accordingly instructed by the president to have the said four lines run, and to report their action.

In the meantime, intercourse was had between the commissioners and the principal owners of property within the district, looking to the sale and conveyance by the latter of land on which a federal city was to be erected. And the following agreement was signed by the proprietors:

'We, the subscribers, in consideration of the great benefits we expect to derive from having the federal city laid off upon our lands, do hereby agree and bind ourselves, heirs, executors and administrators, to convey in trust, to the president of the United States, or commissioners, or such person or persons as he shall appoint, by good and sufficient deed in fee simple, the whole of our respective lands which he may think proper to include within the lines of the federal city, for the purposes and on the conditions following:

'The president shall have the sole power of directing the federal city to be laid off in what manner he pleases. He may retain any number of squares he may think proper for public improvements, or other public uses, and the lots only which shall be laid off shall be a joint property between the trustees on behalf of the public and each present proprietor, and the same shall be fairly and equally divided between the public and the individuals, as soon as may be, after the city shall be laid out.

'For the streets the proprietors shall receive no compensation, but for the squares or lands in any form which shall be taken for public buildings or any kind of public improvements or uses, the proprietors, whose lands shall be so taken, shall receive at the rate of twenty-five pounds per acre, to be paid by the public. The whole wood on the land shall be the property of the proprietors, but should any be desired by the president to be reserved or left standing, the same shall be paid for by the public at a just and reasonable valuation exclusive of the twenty-five pounds per acre, to be paid for the land on which the same shall remain.

'Each proprietor shall retain the full possession and use of his land, until the same shall be sold and occupied by the purchasers of the lots laid out thereupon, and in all cases where the public arrangements as to streets, lots, etc., will admit of it, each proprietor shall possess his buildings and other improvements and graveyards, paying to the public only one-half the present estimated value of the lands, on which the same shall be, or twelve pounds ten shillings per acre. But in cases where the arrangements of the streets, lots and squares will not admit of this, and it shall become necessary to remove such buildings, improvements, etc., the proprietors of the same shall be paid the reasonable value thereof by the public.

'Nothing herein contained shall affect the lots which any of the parties to this agreement may hold in the towns of Carrollsburgh or Hamburgh.

'In witness whereof we have hereto set our hands and seals, this thirteenth day of March, 1791.'

Among the signers of this agreement were Robert Peter, David Burns, Notley Young, and Daniel Carroll.

Subsequently, in pursuance of the agreement, the several proprietors executed deeds of conveyance to Thomas Beall and John Mackall Gantt, as trustees.

It will be found convenient, in view of the questions that arise in the case, to have the deeds of David Burns and Notley Young transcribed in full:

'This indenture, made this twenty-eighth day of June, in the year of our Lord one thousand seven hundred and ninety-one, between David Burns of the state of Maryland, of the one part, and Thomas Beall (son of George) and John Mackall Gantt of the state of Maryland, of the other part, witnesseth: That the said David Burns, for and in consideration of the sum of five shillings to him in hand paid by Thomas Beall and John Mackall Gantt, before the sealing and delivery of these presents, the receipt whereof he doth hereby acknowledge and thereof doth acquit the said Thomas Beall and John Mackall Gantt, their executors and administrators, and also for and in consideration of the uses and trusts hereinafter mentioned to be performed by the said Thomas Beall and John Mackall Gantt and the survivor of them, and the heirs of such survivor, according to the true intent and meaning thereof, hath granted, bargained, sold, aliened, released...