BEPORTS OF THE COMMITTEE ON THE DISTRICT OF COLOMBIA U $ Co-wftyc HOUSE OF REPRESENTATIVES, FROM THE FOURTEENTH CONGRESS, 1815, TO THE FORTY-NINTH CONGRESS, 1887, INCLUSIVE, IN FIVE VOLUMES. COMPILED. UNDER THE DIRECTION OF THE JOINT COMMITTEE ON PRINTING, BT . T. H. IVIcKEE, Clerk, Document Room, United States Senate. t WASHINGTON: GOVERNMENT PRINTING OFFICE. 1887. 9208 D c V\9S .U583 FORTY-NINTH CONGRESS, FIRST SESSION. [Public Resolution — No. 24.] Joint resolution authorizing the preparation of a compilation of the reports of com- mittees of the Senate and House of Representatives. Resolved hy the Senate and House of Representatives of the United States of America in Congress assembled^ That there be prepared under the direction of the Joint Committee of Printing, a compilation of the reports of the Senate and House of Representatives from the Four- teenth to the Forty-eighth Congress, inclusive, classified by committees, arranged, indexed, and bound in suitable volumes for the use of the standing committees of the two Houses of Congress. And the sum of seven thousand seven hundred and fifty dollars, or so much thereof as may be found necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the preparation of said work, which sum may be paid by the Secretary of the Treasury upon the order of the chairman of said Joint Committee, as additional pay or compensation to any officer or employee of the CJnited States. Resolved further^ That the Clerk of the House and Secretary of the Senate be, and they are hereby directed, to procure and file, for the use of their respective Houses, copies of all reports made by each commit- tee of all succeeding Congresses; and that the Clerk of the House and the Secretary of the Senate be, and they are hereby, authorized and directed at the close of each session of Congress, to cause said reports to be indexed and bound, one copy to be deposited in the library of each House and one copy in the room of the committee from which the reports emanated. Approved, July 29, 1886. 2 LI3iVAfo' OF JO.^Gr^esS RHCEIVEO SEP ^ J 1930 COMPILER'S NOTICE. This compilation embraces all the printed reports made by both Houses of Congress from the commencement of the Fourteenth to the close of the Forty-ninth Congress. They are classified by committees and arranged in numerical order. The collection for each committee is divided into volumes of suitable size. Each committee has a separate index, a copy being bound in each volume. The SPECIAL and select reports are all compiled in one collection having one index, a copy of which is bound in each volume. The plan throughout the compilation is to place each report to the committee from which it was reported, without reference to the subject- matter. The House and Senate reports are compiled separately. Care will be required in noticing the chronological order, as in some instances an entire session or Congress may not appear in certain volumes from the fact that during this period no reports were made by this committee. T. H. McKEE. 3 \\ INDE X TO REPORTS OF COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE OF EEPEESENTATIVES. FROM 1815 TO 1887, INCLUSIVE. Subject. as § 1 1 34 1 49 1 21 1 49 1 27 2 24 2 24 1 25 2 28 1 28 1 29 1 29 1 23 1 49 1 49 2 49 1 19 1 29 1 30 1 43 1 43 1 48 2 49 1 48 1 49 1 38 2 47 1 47 1 19 1 47 1 48 1 46 2 23 1 46 2 48 1 14 1 28 1 16 1 18 2 28 1 27 1 35 1 ADDISON, H., forreUef ADIS ISRAEL HEBREW CONGREGATION, Waahington, D. C, for relief... ADVERTISING in D. C, tax sales in Georgetown AGENTS, real estate, in D. C, license tax law, to amend ALEXANDRIA, D. C, Circuit court in, providing for residence of one of judges of, in Corporation, for relief Do Court-house at. To erect To repair roof of Orphan Asylum and Female Free School at, granting public land in aid of — Do Town-site, retrocession of, to Virginia ALEXANDRIA CANAL COMPANY, D. C, memorial of president and direct- ors of AMERICAN COLLEGE FOR THE BLIND, D. C, to incorporate AMERICAN TRUST COMPANY, D. C, to incorporate ANACOSTIA, D. C. , to change name of Uniontown to ANACOSTIA BRIDGE, D. C, To allow William Benningto improve and control Free bridge, to make '- ■ Do New bridge on present site, to erect Do ANATOMICAL SUBJECTS, D. C, delivery of dead bodies of criminals and pau- pers to colleges for Do AQUEDUCT BRIDGE, D. C, to purchase Do ARMY, enlistment of colored criminals of the District of Columbia in ASSESSMENT CE RTIFIC ATES, D. C. , redemption of outstanding Do ASSESSMENT LAW, 1820, D. C, complaint against ASSESSMENTS, D. C, made by M. G. Emory (mayor), refunding Do ATOMIC STEAM COAL GAS COMPANY. D. C, incorporation of AWKWAR17, HENRY, for relief , BALTIMORE AND OHIO RAILROAD, settlement of taxes made by D. C. Com- missioners, to ratify *. BANK SHARES in DC, to tax BANKS in D. C. Charters to. Granting additional ." iDo Renewal of Do Do Relative to BARGY, PETER, Jr., for relief , 319 1723 187 3461 591 255 269 773 458 35 312 325 498 872 4003 171 106 137 643 257 596 2257 873 1958 2300 23 1105 1776 83 1201 1314 1108 417 1109 1523 76 332 56 56 332 4 100 COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE. Subject. BARGT & VAN ALSTINE, for relief of assignee Do Do Do BENNETT, H.M., for relief BENNING, WILLIAM, for relief BILLS OF SALE. (See Mortgages.) BOARD OF FOREIGN MISSIONS, property in District, to hold BOARD OF PUBLIC WORKS, D. C, workmen under, payment of BOILERS. iHee Steam Boileks.) BONDS, D.C., Executors, amending law regulating Do Do Interest on, payment of BOTTLERS in D. C, to protect BOWEN, WILLIAM, forreUef Do BOYLE, CORNELIUS, for relief of heirs BRIDGES in D. C, Across Eastern Branch, To make free Do To construct a new Do Do Do Do Do... Across Potomac River, Aqueduct, to purchase Do Long Bridge, purchase of At Three Sisters, to construct Do Do BROWN, B. PEYTON, et al., petition against taxing church property in District. BURGLARY. (,S«e Safe Burglary.) BURROWS, JOSEPH, et al, memorial for straightening F and G streets in Wash- ington CANALS in D. C, Tiber Creek, to provide for filling CAPITOL, NORTH O STREET AND SOUTH WASHINGTON RAILROAD, To incorporate To pi-ovide for extension of. CARROLL, ANNC, for relief CARROLL, DANIEL, for relief of devisees CASEY. STEPHEN, for relief CERTIFICATES, IMPROVEMENT, D. C, providing for funding of CHESAPEAKE AND OHIO CANAL COMPANY, D. C, to amend act of incor- poration Do CHILDREN in D. C, providing for protection of Do CHITTENDEN BROTHERS, contractors for building dam across Potomac River at Great Falls, claim for relief CHURCH OF THE ASCENSION in D. C, for relief CHURCHES in D. C, exempting from taxation Do CLARK, E. B., for relief of heirs CLARKE, BAILEY L. and MASON E., for relief CODE OF LAWS, D. C, providing for Do Do Do COGSWELL FOUNTAIN, acceptance of, by District COLLATERAL TRUST AND INDEMNITY COMPANY, D. C, to incorporate. COLORED CRIMINALS. (See Criminals in D. C.) COLUMBIA TURNPIKE COMPANY, D. C, to forfeit charter of COLUMBIA COLLEGE, D. C. memorial of president of board of trustees Do COLUMBIAN INSTITUTION FOR DEAF, DUMB, AND BLIND, D. C, for relief CONNOLLY, JOHN, for relief Do Do CONTAGIOUS DISEASES in D. C, to prevent spread of CONTRACTS in D. C, made by board of public works, defining liabilities under. CONVEYANCES in D. C, acknowledgments of COOK, MATTHEW, for relief COOK, PATRK^K, for relief Do 106 29 594 30 216 34 217 34 82 47 106 19 2697 49 1200 47 318 48 1629 49 264.5 49 774 43 987 49 1199 47 1954 48 1112 46 137 29 643 30 106 19 137 29 643 30 257 43 596 43 2703 49 1958 48 2300 49 484 22 470 48 1958 48 2300 49 1573 46 318 22 699 47 129 46 1102 47 1370 47 176 48 2007 47 207 46 48 29 126 30 1444 46 1957 48 3686 49 2580 48 1573 46 980 48 llli 46 515 23 269 21 96 22 683 46 8 47 1372 47 492 48 36 41 290 21 334 22 60 35 128 46 1993 47 928 48 215 20 2J31 48 491 48 1260 47 1992 47 247 48 COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE. Subject. CORCORAN ART GALLERY, to exempt from taxation CREMJNALS AND PAUPERS. (See also Anatomical Subjects.) CRIMINALS in D. C, enlistment of colored criminals in Army and Navy of United States DEATH DAMAGES in D. C, recovery of DEBT of D. C, Eight per cent, improvement certificates Funding of, to provide for Moneys to credit certain, on Settlement of DEGROOT, WILLIAM H., for relief Do DEKRAFET, FREDERICK C, for relief DENMEAD, FRANCIS, for relief Do DENTISTRY in D. C, to regulate practice of DETECTIVES' BONDS in D. C, to compel compliance with the law DISTILLED SPIRITS in D. C, to regulate manufacture and sale of DISTRICT ATTORNEY of D. C, safe burglary in office of DISTRICT OF COLUMBIA, Affairs in, investigation of Do!!;!!!!""!!!!!"""!!"!!!!""!".!!!!!!!!!!!!!!"!!!!!""!"! Do Do Alleys in, To change O street, to close Title to, in square 635 Do To vacate American Trust Company to incorporate Anatomical subjects in, to authorize delivery of dead bodies of criminals and paupers to colleges for Do Assessment certiiicates, providing for redemption of outstanding Do Do Assessments in, to refund to certain citizens , Banks in, recharter of Do Do Do Do Bills of sale in, to amend law on personal property in Bonds, interest on , Bottlers in, to protect Bridges. Aqueduct, to purchase Do Do Eastern Branch, to construct new Do Do Eastern Branch, to make free Do Long Bridge, to purchase Twin Sisters, to construct Do Do Three Sisters, to build Do Do Canals in, for filling Tiber Creek Charter of, Collateral, Trust, and Indemnity Company in, to grant Mutual Fire Insurance Company, to amend National Safe Deposit Company of, to amend Do Sixth Street and Bladensburg Railroad, to grant Southern Maryland Railroad, to change United States Gas, Electric Light and Fuel Company in, to grant | Washington Traction Railway, to grant i Children in, for piotection of \ Do 1 Churches in, relative to taxation of , Do ! Civil and criminal code provide for I Do Contagious diseases in, prevent spread of Contracts of board of public works, to define I 23 38 2379 48 207 46 774 43 3429 49 302 47 182 35 103 36 351 24 2646 49 3459 49 2258 48 2043 47 2581 48 785 43 72 42 7 42 647 43 702 44 64 44 1373 47 430 47 729 49 1012 49 1106 48 4003 49 2257 48 873 49 1105 47 1371 17 1776 47 1314 48 76 14 56 16 56 18 4 27 332 28 1907 47 774 43 987 49 470 48 1958 48 2300 49 257 43 596 43 2703 49 137 29 643 30 484 22 470 48 1958 48 2300 49 470 48 1958 48 2300 49 699 47 492 48 361 48 1775 1 48 2705 ' 49 959 48 1712 43 1116 48 2299 49 1444 46 1957 48 1573 46 980 : 48 269 21 96 22 215 20 2131 48 COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE. Subject. DISTRICT OF COLUMBIA— Continued. Conveyances in, acknowledgnienta of Court, levy, reorganization of, in Criminal code, to provide Crimioala in, enlistment of colored, in Army and Navy of United States Death damages, to provide for recovering Debt of, to fund bonded Do Do Do Dentistry in, to regulate practice of Detectives in, to compel compliance with law District attorney, safe burglary in office of Elevators in, authority to supervise and control construction and operation of. Engineering, to regulate steam engineering in Executors in, To amend law relative to bonds of Do Do Foreign, to allow suits by Financial aii'airs in, investigation of Firemen's Insurance Company of Washington and Georgetown, extending charter of Fire companies in, to organize and encourage Fire escapes in, to require in hotels and boarding houses Firemen, to provide relief for those disabled in service in District Fires in, protection against Fishing season in, to define Gaming in, to more eft'ectually suppress Government of Do Highways in, to forfeit charters of Imprisonment in, for debt, to abolish Inspection of wood in, to repeal laws tor Insurance in, to regulate Jail in, for the erection of Do Justices of peace, to extend jurisdiction of , Land records in, to improve system of indexing Land titles in, To certain United States property To quiet certain ! . , Do Do. Quieting To amend law relative to Lands in, Retrocede to Virginia land allotted to Subdivisions to be made by Commissioners of Laws, appointment of commission to provide code of Do Do / Do Licenses tax in, assessment and collection of .• Liquor in, to regulate manufacture and sale of Do Lottery tickets in, prohibiting sale of Do Mechanics' liens in, to amend law relative to Minors in, protection of , Mortgages in, to amend law relative to, on personal property National Guard in, to maintain order during competitive drill and parade of. Negroes in, sale of, for court charges Do .. Physicians to the poor in, compensation of Police, uiotropolitan, in. Organization of Increase of Payment of Kegulation of Relief for those disabled in service Police court in. Lease of Unitarian church for To regulate service of process in Pool-selliug in, to prohibit Poultry, undrawn, in, to prevent sale of Prisoners in, commitment of Public buildings. Furnishing illuminating gas for To repair roof of court-house in Alexandria, D. C * And views of minority. m t: a o M s* n O Pi O CO 491 48 1 721 29 1 2130 48 1 23 38 2 2379 48 2 774 43 1 207 46 3 302 47 1 3429 49 1 2258 48 2 2043 47 2 785 43 1 3793 49 2 2374 49 1 318 48 1 1 1629 49 1 1 2645 49 1 1 2373 49 1 1434 48 1 4038 49 2 207 21 1 1313 48 1 979 48 1 3051 49 1 1275 47 1 1272 47 1 337 22 1 35 41 3 36 41 3 732 24 1 1576 47 1 3426 4.9 1 211 35 2 41 38 1 242 47 1 1777 47 1 1012 46 2 1271 47 1 1775 47 1 4016 49 9 1734 47 1 1953 48 1 325 29 1 4019 49 2 269 21 1 96 22 683 46 2 8 47 1 813 47 1 2581 48 2 4014 49 2 174 20 1 1631 49 1 1666 48 1 4017 49 2 1907 47 2 3702 49 2 43 19 2 60 20 2 4039 49 2 836 27 2 4015 49 2 59 41 2 1427 48 1 979 48 1 *418 45 2 2301 49 1 1630 49 1 1383 49 1 815 45 9. 1 6 27 1 458 28 1 1 COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE. Subject. DISTRICT OF COLUMBIA— Continued. Kailroads in, „ , ^„ , . ^ ^ • ^ Capitol, North Street and South Washington, to incorporate. Fifteenlh Street, to incorporate. M Street Cross-Town, to incorporate. ■ lOf. 129 352 350 127 1103 1712 351 1512 197 1513 78 3461 3960 2378 Metropolitan, extending line Southern Maryland, amend act incorporating Southern Marvland, to extend Thirteenth Street, to incorporate Washington and Atlantic, extension of Washington and Chesapeake, to extend their limits Washington and Point Lookout, extension Heal estate in, to amend law relative to transfer of Real estate agents, license tax on, to amend law providing for .. Real Estate Title Insurance Company, to change name of Real estate belon ging to, to authorize sale of certain Reform school in. Selection of new site for Trustees of Reform school for girls, to incorporate Revised Statutes of, to amend Roads in, Purchase of toll-roads Do Rock Creek, to condemn land on, for park Safe burglary in office of district attorney - - . ■ Saint Dominic's Church, to exempt from taxation parsonage lot School board, to create ■ School, Building sites in, purchase and erection of Industrial, for girls, making appropriation to aid, in , Sewerage in, to complete system of Slavery in, abolition of Do Small-pox in, to prevent spread of Societies in, to amend law relative to incorporation of Steam boilers, inspection of, to amend act providing for Streets, railroads, and pavements, construction of Street railroads in, to regulate carrying of passengers on Streets in. Commissioners to establish Light by gas Meridian avenue, confirming order of District Commissioners for closing.. Pennsylvania avenue, to macadamize from Capitol to White House Do Do Vacate a certain part of Rock street, in Georgetown Supreme court, Reporter for To regulate sessions and meetings of Tax sales in, advertising, to regulate Do Taxes in, Arrears of, collection of Arrears of, interest on Assessment and collection of Do Bank shares on Parsonages and rectories, to exempt from Sale of real estate for Do School property in, to declare meaning of act of 1870 for Settlement of, "with Baltimore and Ohio Railroad. Washington Monument, railway for fllUng about the base of Washington Safe Deposit Company, to enlarge powers of Water supply in. To amend act for increasing - Extending time for claiming damages by increasing Windsor Hotel Company, to incorporate DIXON, JAMES, for relief - Do Do Do Do DONOVAN, DA.N1EL, for relief DOUGHERTY, REBECCA, for relief DULIN. JOHN (guardian), for relief j 592 EASTERN BRANCH OF POTOMAC, bridges across 106 Do 137 Do ' 643 *And views of minority. 39 3354 4030 3685 *410 1514 3820 785 3738 2704 1445 1010 1115 691 58 215 1058 988 3821 1884 4019 j 354 279 184 291 604 605 3819 3792 187 3769 1779 3768 813 1202 1523 1573 2582 3458 980 1109 3915 3794 981 2491 3933 69 89 363 497 85 1778 1885 21 1 22 1 24 1 47 1 49 2 49 2 21 1 49 2 47 1 . 49 2 •*^ 1 47 1 48 1 46 2 48 2 49 1 48 1 46 2 49 2 49 2 ' 48 1 48 2 I 49 2 28 2 29 1 1 29 1 1 30 1 31 1 : 47 1 47 2 ; 27 2 19 1 29 1 \ 30 1 10 COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE. Sabject. EASTERN BRANCH OF POTOMAC, bridges across Do Do EDUCATION. (See Schools.) EG AN. MART ANNA, for relief ELEVATORS in D. C, construction and operation of ELLIOTT, HI;NRT R. (trustee), for relief. ELLIOTT, JONATHAN, for relief ENGINEERING STEAM, in D. C, to regulate EVANS, THOMAS, foi relief EXECUTORS in D. C, bonds of, to amend law regulating Do Do EXECUTORS, FOREIGN, to allow them to bring suits in D. C EYE, EAR, AND THROAT HOSPITAL in D. C., to incorporate FIFTEENTH STREET RAILWAY in D. C, to incorporate FINANCE of D. C, investigation of FIRE COMPANIES. (See Volunteer Fire Companies.) FIRE DEPARTMENT in D. C, to organize FIRE ESCAPES in D. C, requiring hotels and boarding houses to provide FIREMEN in D. C, providing relief for disability incurred in service FIREMEN'S INSURANCE COMPANY OF WASHINGTON AND GEORGE- TOWN, extending charter of FIRES in D. C, for further protection against FISHING in D. C, defining season for Do FITZHUGH. MARIA C, for relief FOREIGN EXECUTORS, to allow suits to be brought in District by FRANKLIN INSURANCE COMPANY of D. C, to extend charter of FRENCH, THOMAS O., for relief GAMING in D. C, to suppress GARFIELD MEMORIAL HOSPITAL in D.C., to incorporate GAS COMPANIES in D.C., organizations of Do GAS LIGHTS in D.C., for certain street in D. C GEORGETOWN, D. C, Canal debt, relief in pajment of Citizens of, memorial for removal of Long Bridge across the Potomac Do Corporation of, to reimburse, for money advanced for building bridges across the Potomac River Do Streets in, Lighting of To vacate Rock Tax sales, to amend charter regulating GERMAN PROTESTANT ORPHAN ASYLUM ASSOCIATION of D. C, to change name of GIBBONS, JAMES, for relief GRANT. ROBERT, memorial for furnishing gas to public buildings GRAVES in D. C, to prevent desecration of Do HAY in D. C, weighing of, at wholesale market HIGHWAYS in D.C., charters of HORSEY. OFTERBRIDGE (assignee), for relief HOr.SE OF CORRECTION in D.C., selection of new site for HOWARD INSTITUTION inD. C, for relief to the poor HOWISON, WILLIAM G., for relief HUT-IIHINSOX, WILLIAM, for relief IMPRISONMENTFORDEBTinD.C. to abolish IMPROVEMENT CERTIFICATES of D. C, funding of, in 8 per cent, bonds.. . . INAUGURATION' DAT in D.C., to declare a legal holiday INDUSTRIAL SCHOOL FOR (URLS in D. C, making appropriation for aid of . . INSPECTION OF WOOD in D. C, to repeal law for INSURANCE in D.C., to regulate INTEREST ON D. C. BONDS, to provide for IRON PAVEMENT on Pennsvlvania avenue, D. C, providing for JAIL in D. C. : To erect new Do Exclusion of visitor s from JUSTICES OF PEACE in D. C, to extend jurisdiction of KILBOCRN, HALLET, investigation of, in connection with real estate pool LA^IPSinD. C, for erection of, in LAND RECORDS in D. C, improved system of indexing LAND TITLES, in D. C, To quiet Do LAND, United States, in D. C, Retrocession of, to Virginia all south of Potomac River Sale of 257 43 596 43 2703 49 3462 49 3793 49 1906 47 57 16 2374 49 .532 47 318 48 1629 49 2645 49 2373 49 235 45 352 47 1434 48 207 21 1313 48 979 48 4038 49 3051 49 1275 47 978 48 1370 47 2373 49 231 45 1774 47 1272 47 7 47 592 29 233 45 354 35 269 24 108 34 318 34 98 35 462 36 355 35 605 47 187 21 162 47 1104 47 6 27 2257 48 873 49 2034 47 36 41 745 48 39 42 16 28 143 33 582 36 732 24 207 46 198 46 1010 46 1576 47 3426 49 774 43 356 35 211 35 41 38 11 37 242 47 242 44 836 27 1777 47 1271 47 1775 47 325 49 1012 46 COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE. 11 Subject. LAW, JOHN, for relief LAWRENCE. RICHARD, et ah, for relief LAWS of D. C. . authorizing a code of ■ Do Do Do LEACH, WILLIAM, for relief LEVY COURT in D. C. , reorganization of LICENSE TAX in D. C, assessment and collection of Do LIEKS, MECHANICS', in D. C, amending law relative to LIQUORS {see also Distilled Spikits) manufacture and sale of, to regulate LITTLE FALLS, in D. C., bridge across Potomac River at, to reimburse the corpo- ration of Georgetown, D. C, for Do LONG BRIDGE across Potomac River, D. C, Removal of Do LOTTERY TICKETS in D. C, Disposal of, to prohibit Do LOUISE HOME in D. C, to exempt from taxation LUKENS, ISAIAH, for relief LUTHER STATUE ASSOCIATION of D. C, to incorporate M STREET CROSS-TOWN RAILWAY of D. C, to incorporate McCUE, OWEN, for relief MALL, to furnish gas-lights for certain streets passing through MARYLAND, memorial of State, asking Congress to improve navigation of Po- MECHANICS' LIEKS."'(,S'ee"LrKXs!) MERIDIAN AVENUE, confirming order of commissioners for closing METROPOLITAN GAS-LIGHT COMPANY, incorporation of METROPOLITAN POLICE, payment of METROPOLITAN RAILROAD, Extending line of Incorporation of MINORS, protection of, in D. C ^ MORTGAGES in D. C. on personal property, regulating MOSES, WILLIAM B.. for relief Do MUNICIPAL GAS COMPANY, incorporation of MUTUAL FIRE INSURANCE COMPANY, charter of, to amend NASH, MICHAEL, for relief NATIONAL SAFE DEPOSIT COMPANY, charter of, to amend Do NAVY, enlistment of colored criminals of D. C. in NATLOR, JAMES G., for relief NEGROES, sale of free negroes for court charges in D. C Do NYE, J. W. (assignee), for relief Do Do. Do. Do. Do. Do. Do. Do. Do. Do ORPHAN ASYLUM OF ALEXANDRIA, granting charter and public lands to Do PABST. MATHIAS, for relief PARSONAGES in D. C, taxing of PASCHAL, MARGARET L.,' petition for closing alley in Washington, D. C PATTERSON, ELIZA W., for relief PENITENTIARY in D. C, erection of Do PENNSYLVANIA AVENUE, D. C, Iron pavement, to lay Macadamizing of Do Do Do PERSONAL PROPERTY in D. C. bills of sale and mortgages on PHA RM ACEUTIC AL ASSOCIATION of D. C, to incorporate PHARMACY in D. C, to regulate practice of PHYSICIANS TO THE POOR in D. C. compensation of POLER, MELISSA G., for relief Do *And views of minority. .57 923 269 96 683 8 272 721 813 3461 1666 2581 98 462 108 318 48 174 3050 225 280 350 293 354 111 279 275 59 127 *565 4017 1907 163 1790 1108 361 411 1775 2705 23 88 43 60 106 594 216 217 100 117 439 405 406 407 39 35 312 735 1573 1111 246 52 41 356 I 184 ' 291 ; 604 8 i 1907 116 351 4039 I 1904 I 181 12 COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE. Subject . POLICE in D. C, Creating force of Disabled, for relief of Increase of Pay of, to regulate Regulations for POLICE COURT, Lease of Unitarian church for Service of process in, regulating POOL-SELLING in D. C, prohibiting POTOMAC BRIDGE, repair of Do POTOMAC FLATS, Reclamation of, to provide for. Title to ownership of, to quiet United Stales interests in, providing for protection of POTOMAC INSURANCE COMPANY, Georgetown, D.C., for relief POTOMAC KIVER, Bridge across, at Three Sisters, to purchase or build Do Do Bridge across, to purchase or build, at Georgetown, D. C Do Do Bridge over Eastern Branch, To make free Do To build new Do Do Fisheries in, to protect Long Bridge, removal of Do Navigation of. Federal aid to improve POULTRY in D. C, to prevent sale of undrawn PRISONERS in D. C, commitment of PROVIDENT ASSOCIATION OF CLERKS, dissolution of PUBLIC BUILDINGS in D. C, Alexandria court-house, to repair Gas for, to furnish PUTNEY", TRUE, for relief RAILROADS in D. C, Capitol and North O Street and South Washington, to incorporate Fifteenth Street Company, to incorporate M Street Cross-Town Company, to incorporate Metropolitan Railroad, to extend line of Sixth Street and Bladensburg, to incorporate .. "Washington and Atlantic Railroad, to enter "Washington and Chesapeake Railioad, to extend line - Washington and Point Lookout Railroad, to enter RANDALL, HENRY K., for relief of heirs RANDOLPH, CORNELIUS P., et al., for relief REAL ESTATE in D. C, Sale of certain, authorizing Do Transfer of, to amend law relative to REAL ESTATE AGENTS inD.C, to amend license tax on REAL ESTATE POOL in D. C, investigation of REAL ESTATE TITLE INSURANCE COMPANY of D. C, to change name of. RECTOltll^S. (.See Pahsonagks.) REDMOND, SARAH A, for relief Do REFORM SCHOOL in D. C, Site for, selection of Trustees of relative to REFORM SCHOOL FOR GIRLS, D. C, to incorporate RICHARDS, R. R., for relief ROCK CREEK, D. C, Park on, to condemn land for Stone bridire over, to erect KOCK STREET. (Georgetown, D. C, to vacate part of RUPPEKT, CHRISTIAN, and others (trustees), for relief SAFE BURGLARY in D. C.iobbery inolHce of United States district attorney.. SAINT DOMINIC'S CHURCH, D. C, to exempt from taxation parsonage lot SAINT LUKES CHURCH. D. C, for relief SAINT MARK'S EPISCOPAL CHURCH in D. C, for relief Do SAINT PATRICK'S CHURCH.D.C. for relief SALOMON, JOHN C. FR., memorial for furnishing city, of Washington, D. C, with water *And views of mlnoritv. 1905 182 174 I 33 I 1 COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE. 13 Subject. SCHOOL BOAED, D. C, to create SCHOOL-HOUSES inD. C, Exemption from taxation To purchase sites for and erect SCHOOLS. INDUSTRIAL, FOR GIRLS in D. C, appropriation to aid in estab- lishing SEATON HOUSE, D.C., relative to purchase of SEWERAGE SYSTEM. (*«e DisTiucT OF Columbia.) SIXTH STREET AND BLADENSBURG RAILROAD, D. C, to incorporate. .. SKINNER'S GRAND BASIN in D. C, construction for supplying public build- ings with water Do SLAVERY in D.C., abolition of Do SMaLL-POX in D. C. checking progress of SOCIETIES, INCORPORATE in D. C, amending law relating to SOMMERS. SIMON, for relief of heirs SOUTHERN MARYLAND RAILROAD COMPANY of D. C, To amend act of incorporation To extend road into District SOVEREIGN'S DISTRIBUTIVE AGENCY inD.C, to incorporate SPECIAL ASSESSMENTS in D. C, to regulate STEAM-BOILERS in D. C, inspection of .- STEAM ENGINEERING in D. C, to regulate STEWART, HUGH, for relief of assignee Do , Do : Do Do STREET RAILROADS in D. C, to regulate carrying of passengers on STREETS in D. C, Alley in square 234, to vacate Alley in square 635, to convey Do Alley- ways in District, to change Lighting by gas of streets passing through the "Mall " Meridian avenue, confirming order to vacate O street NW., to close alley known as Pennsylvania avenue from Capitol to White House, to macadamize Do Do Rock street, in Georgetown, D. C, to vacate portion of SUFFRAGE in D.C., restricting right of Do SUPREME COURT ofD.C, Reporter for , Sessions and meetings of, to regulate SWISS GENERAL MUTUAL AND BENEVOLENT SOCIETY in D. C, to incorporate TAXES in D. C., Arrears of general taxes, collection of Arrears of, interest on Assessment and collection of, providing for Do Do Parsonages and rectories, providing for School property, defining act of 1870 concerning Settlement made by District Commissioners with Baltimore and Ohio Rail- road, to ratify TAX SALES in D. C, Advertising, to fimend charter of Georgetown relative to To regulate' TENNALLYTOWN ROAD in D. C. to make free THIRTEENTH STREET RAILWAY, D. C, to incorporate, in TITLES TO LAND inD.C, quieting Do TURNPIKE ROADS in D. C, purchasing toll-gates on UNCHARTERED BANKING ASSOCIATIONS. (See Banks.) UNIONTOWN, D. C, to change name to Anacostia UNITARIAN CHURCH PROPERTY in D. C, to lease for police court UNITED STATES AGRICULTURAL SOCIETY of D. C, incorporation of .... UNITED STATES DISTRICT ATTORNEY. (See District Attorney.) UNITED STATES GAS AND FUEL COMPANY of D. C, to incorporate Do VERDL T. S., for relief VIRGINIA, Memorial of State, asking Congress to improve navigation of Potomac River. . Retrocession of that portion of District of Columbia south of Potomac River to. VOLUNTEER FIRE COMPANIES in D. C, organization and encouragement of. WALBREDGE, H. D. and H. S., for reUef *And views of minority. t Parts 1, 2. 980 1445 1010 813 959 281 375 691 58 215 1028 592 1103 47 1712 48 232 45 1371 47 988 49 2374 49 106 29 594 30 216 34 217 34 100 35 1884 47 1106 48 729 49 1012 49 1373 47 354 35 279 48 430 47 184 21 291 22 604 24 605 47 83 19 24 28 3819 49 3792 49 234 45 1779 47 3768 49 813 47 1202 47 1779 47 1573 46 980 48 1109 46 187 21 3769 49 1514 47 351 47 1271 47 1734 47 *410 35 171 49 *418 45 66 36 H928 47 1116 48 1113 46 111 17 325 29 207 21 1197 47 14 COMMITTEE ON THE DISTRICT OF COLUMBIA, HOUSE. Subject. WASHINGTON AQUEDUCT, D. C, construction of "WASHINGTON BRIDGE, D.C., providinj; for sale of WASHINGTON CABLE RAILWAY, D.C., to incorporate WASHINGTON COUNTY, D. C, asking for reorganization of levy court, by citizens of WASHINGTON, D. C, Assessment law of F and G streets in city of, to straighten Gas company in, to establish bo Grounds in, relative to low Laud in, relative to square 446 Lamps in city of, to erect Lotteries in, to regulate Mall, to light with destitute of any means of support. Cross-examined hy Johnson. Have you any claim against Nye ? Answer. I have no claim on any part of this carryall contract, or any legal claim against Nye whatever. W. a. W. WHITE. Subscribed and sworn before the undersigned, on the day and year first above written. HENRY HOWISON, J. P. Extract from the Journal of the House of Representatives, requiring the postmaster of the House to contract loith some p)erson for the services of horses and mail carts wanted for the use of said House. " 6th. Resolved, That the doorkeeper be, and he is hereby, required to contract with some responsible person for the same number of horses and mail carts as are now authorized to be employed, on the best J. W. NYE, 23 terms he may find practicable, the price in either case not to exceed that now given for the same services." The said sixth resolution was amended by striking out the word doorkeeper where it occurs, and inserting "postmaster;" and, as amended, it was agreed to. — {House Jour., Id session 2^th Con., p. 474.) Washington, July 28, 1848. In accordance with a request made to me by J. W. Nye, agreeably, as he informs me, to a direction of the Committee of the Judiciary of the House of Representatives of the United States, I make the follow- ing statement: It appears from my official report made to the House of Representa- tives on the 7th of January, 1845, that horses and carryalls were em- ployed in the service of the House (exclusive of the clerk's office) as follows: By J. W. Nye, from January 5 to 31, 1844, 3 horses and carryalls 27 days each, 81 days ; also |5 10 for extra service during same month. J. W. Nye, in February, 1844, 3 horses and carryalls 29 days each. J. W. Nye, in March, 1844, 3 horses and carryalls 31 days each. J. W. Nye, in April, 1844, 3 horses and carryalls 30 days each. J. W. Nye, in 3Jay, 1844, 3 horses and carryalls 31 days each. J. W. Nye, in June, 1844, 2 horses and carryalls from the 1st to the 25th, inclusive ; also, same month, 1 horse and carryall 30 days. John Lee, in June, 1844, 1 horse and carryall 5 days. E. W. Small- wood, in Jidy, 1844, 1 horse and carryall 31 days Mr. Hill, in August, 1844,^^1 horse and carryall 31 days. E. W. Smallwood, in September, 1844, 1 horse and carryall 30 days. Kendall, in October, 1844, 1 horse and carryall 31 days. Smallwood, in November, 1844, 1 horse and carryall from the 1st to the 24tli, inclusive, 24 days. J. W. Nye, in November, 1844, 3 horses and carryalls from the 25th to the 30th, both inclusive, 18 days. Henry, in December, 1844, 1 horse and carryall 7 days. Smallwood and Laphen, in same month, 1 horse and carryall each 7 days. B. B. FRENCH. It also appears from my official report made to the House of Repre- sentatives on December 3, 1845, that the following horses and car- ryalls wpre employed by the House (exclusive of the clerk's office) as follows, viz: By Henry, in January and February, 1845, 59 days. Smallwood and Laphen, during the same months, 59 days each. Small- wood, Laphen, and Henry, in March, 1845, 11 days each. Henry, in same month, 20 days. John Lee, in April, 1845, 1 horse and carryall 30 days. John Lee, in May, 1845, 1 horse and carryall 31 days. John Lee, in June, 1845, 1 horse and carryall 30 days. John Lee, in July, 1845, 31 days. John Lee, in August, 1845, 1 horse and carryall 31 days. John Lee, in September, 1845, 1 horse and carryall 30 days. John Lee, in October, 1845, 1 horse and carryall 31 days. John Lee, in November, 1845, 1 horse and carryall 30 days. John Lee, same month, 2 horses and carryalls 7 days each. It also appears from my report made to the House of Representatives in December, 1846, that the following horses and carryalls were em- 24 J. W NYE. ployed in the service of the House (exclusive of the clerk's office) as follows' By John Lee, in March, 1845, 2 horses and carryalls 11 days each. John Lee, 1 horse and carryall from the first day of March to the first day of December, 1845, 275 days. B. B. FRENCH. It appears from my official reports made to the House of Representa- tives January 7, 1845, December 3, 1845, and December 7, 1846, that the following hauling was done for the House, and by whom: March 1, 1844, John Lee, $5 50; April 5, 1844, B. tt 0. R. R.. SOcts.; April 13, B. & 0. R. R., 50 cts $6 50 May 6, 1844, B. c"t 0. R. R., 50 cts. ; April 24, 1844, J. F. Secor, 31 cts.; May 16, John Lee, $3 3 81 May 1, 1844, J. F. Secor, 31 cts. ; February 16, 1844, Boteler & Donn, 50 cts ; May 23, schooner Frank, $1 1 81 June 10, 1844, schooner Pha-be, $1 ; January 7, 1844, B. & 0. R. R., 50 cts. ; April 11, B. Kinsley, 25 cts 1 75 March 23, 1844, John Lee, |5 ; January 11, 1844, John Lee, $12 ; January 13, J. Lee, 50 cts 17 50 January 14, 1844, John Lee, $3 ; January 12, 1844, Pen- field, $1 ; January 15, J. Lee, $1 50 5 50 January 20, 1844, Secor, 62 cts. ; January 20, Secor, 31 cts. ; January 27, 1844, J. Lee, $17 50 18 43 January 28, 1844, B. & 0. R. R., 50 cts ; July, 1844, John Lee, $7 50; July 6, 1844, B. it 0. R. R., $1 9 00 July 9, 1844, B. & O. R. R., $1 50; July 31, J. Lee, $15 50 17 00 B. B. FRENCH. 1844. July 2, L. Thomas, $2 ; July 2, B. c^- 0. R. R., 50 cts.: July 2, S. S. Osborn, $4 : July 2, S. Baker, $3.. 9 50 August 5, W. Knapp, $2 ; August 5, Penfield, $2 ; August 5, S. Coster, $3 75; October 5, J. Lee, $25 50 33 25 October 16, J. Pettibone, $92 07 ; November 30, J. Lee, $7 ; June 22, Boyd, 75 cts. ; December 11, Wheeler, 50 cts 100 32 1845. January 31, J. Lee, $4 : January 24, B. & 0. R. R., 50 cts.: irom February 7 to April 2, J. Lee, $66 50.... 71 00 From April 13 to 25, J. Lee, $5 50 ; May 30, J. Lee, $8 50: Auoust30, J. Lee, $8 22 00 August 30, B. c^' 0. R. R., $1 : October 27, R. Burch, 37 cts.: April 25, J. Lee,$ll 50 12 87 October 10, L. Thomas, $6; November 30, J. Lee, $14 50 ; October 5, S. Frank, 50 cts 21 00 351 24 J, W. NYE. 25 Washington, July 29, 1849. It will be seen by tbe loregoing testimony of B. B. French, esq., that there has been hauling done to which 1 was entitled by the terms of my contract, and while I kept a man, horse, and carryall expressly to do said hauling, subjecting me to all the expense I would have been at had it been done by my team and the man in my employment, to the amount of three hundred an- 1 fifty -one dollars twenty-four cents, ($351 24.) It will likewise be seen, by reference to the testimony of Esquire French, that there have been furnished for the use of the House, by Henry, Hill, Kendall, Smalhuood, Lee, and Laphen, horses and carryalls to the amount of 958 days, which, at $1 70 per day, (my contract price,) amounts to $1,628 60, while my horses and carryalls stood idle, unemployed, ready to perform the work. It will be seen by reference to the contract that these horses and carryalls were not to be driven by me or any one in my employment or under my control, but by those in the service of the House, and under the control of the postmaster of the House. All I had to do was to feed them, and keep them in readiness for the service of the House. It was all the same to me, provided I kept them ready for the sf^rvice of the House when wanted, whether they worked or not. I was under no obligation by the contract that they should work. All that was required of me was to keep them in readiness to work ; and if I did that, I was equally entitled to my pay whether they worked or not; and this $1,628 60 for horses and carryalls, and the $351 24 for hauling, amounting to $1,979 84, I am equitably and legally entitled to, and of which no earthly power can deprive me, except on the arbitrary principle that MIGHT makes right. But this $1,979 84, of which I am unjustly deprived, is not near as much as the damage I have sustained by the wilful abuse and destruction of my property by those in the service of the House. One horse (cost $100) entirely ruined ; another (cost $125) killed ; another (cost $150) injured so that he was never again used, and died after an expense of doctoring and keeping over 15 months; another (cost $300) killed ; other valuable horses injured so as to render them nearly worthless ; numbers crippled so that we lost their services for months, and had to hire others in their places at a higher price per day than we were allowed by the contract, besides the expense of keeping ours while they were unfit for business, making 853 days that these horses were injured so as to be unfit for business, and others hired to supply their places. Three sets of harness en- tirely destroyed, (cost $25 each ;) damage to the three carryalls in expense of repairs and injuries sustained of more $50 each, making an amount of damage of more than $.J,000, besides having, for want of the money justly due me by the House, all the balance of my prop- erty sacrified under the hammer at a mere nominal price, and my family, in extreme sickness, deprived of every earthly comfort, and have been compelled to pass through hardships and sufferings which the heart sickens to contemplate. At that time I was doing a good business, which yielded me over $2,000 per year, but by having all my property, which was not destroyed in the performance of that contract, sacrificed under the hammer for debts contracted in the 26 J. W. NYE. performance of that contract, amounting to less than one-half what was then due me by the House under that contract, I have been en- tirel,y thrown out of all business for more than six years, having nothing left to do with or to begin with. It has been said that the postmaster exceeded his authority in making this contract with me ; but it will be seen, by reference to the acts of the House during the second sess{o7i of the 27th Congress, that he was required to make the contract with some person on the best terras that he might find practicable ; and as that act has never been repealed, all horses and carryalls that have been employed in the service of the House since that time in any other manner, have been employed in violation and contempt of the law of the House. But admitting, for the sake of argument, that he had no authority to make any such contract at all but that he or any other ])erson did make such a contract with- out any authority tvhatever, but, after being made, the House ac- quiesced in the contract, it became, in every sense and to every pur- pose, as LEGAL and as binding on the House as* though they had pre- viously appointed him and clothed him with authority to perform this very act. By reference to the testimony of the chairman of the Commit- tee of Accounts, (Hon. General McDowell,) it will be seen that after this contract was made, it was by the House referred to the Committee of Accounts for their examination and approval or rejection ; and that, after a careful examination, they unanimously approved the same as conformable to the law authorizing the postmaster to contract with some person for this work. And now, unless they can show that the contractor has failed to comply with the terms of the contract, there is no way that the House can honorably disengage themselves from the fulfilment on their part of all its stipulations and requirements. Let us now examine the testimony, and see whether there has been any fail- ure on the part of the contractor, or any just cause of complaint of any kind whatever. Hon. Gen. McDowell states that he never heard any complaint while he was chairman of the Committee of Accounts. The assistant postmaster of the House states under oath that he never heard any complaint against Mr. Nye or any of his property until Mr. Nye complained of the abusive and destructive manner in which they were using his property. It is in proof that it was the best property ever put on that work. After the refusal of the postmaster to allow this property to perform the contract, the Committee of Accounts went out and examined the property, and they decided unanimously that it was sufiiciently good. The testimony is abundantly sufficient to show that the property was sufficiently good. And there has never been any com- plaint or any testimony that it was not ahvays ready in season or when wanted. One of the messengers (Mr. Henry) states that his horse and carryall was ahvays ready in season, frequently at his door before he was up, though the contractor was under no obligation to send them to the messengers ; all he was under any obligation to do was to have them in readiness at the stables when wanted. Let us now examine the testimony, and see if there was anything in the conduct of the contractor to in the least justify the treatment he has re- ceived, or any cause whatever to justify the disannulling of the con- tract. The assistant postmaster states under oath that the contractor J. W. NYE. 27 rendered essential service in the office during the first month, and that he and his son assisted the messengers during the first month in carry- ing the mail and learning them their routes — the postmaster and his messengers being entirely unacquainted with the business. That his son continued to assist whenever wanted during the session. That he always found Mr. Nye very kind and accommodating in rendering them any assistance — marking boxes, or assisting in anything they wanted. Now, all this service, rendered by the contractor and his son, was a mere gratuity, which he was not required by the contract to perform, and for which he or his son never received any compensa- tion whatever. The assistant postmaster and Mr. Henry, one of the messengers, and one of the postmaster's own witnesses, both state under oath that they never heard Mr. Nye use any disrespectful language to the postmaster or to any other person. Mr. Henry like- wise states that he never complained — that Mr. Nye had been so kind that he did not feel willing to complain. The postmaster, in justifica- tion of his Conduct, stated to the Committee of Accounts that what caused the first difficulty between him and Mr. Nye was that Nye purchased all his feed for his horses on a month's credit, promising to pay when the money was drawn for their work ; that when it was drawn, Nye refused to pay ; that they warranted him, and that he set them at defiance, which being denied by Nye, the man (Mr. Bowen) who furnished him his feed was summoned before the c:immittee, and he stated under oath, in the presence of the postmaster, that he furn- ished Nye all his feed, and that he received his pay punctually and honorably, and that he never warranted him. And yet after this charge was proven to be talse in the presence of the postmaster, it is in proof that he repeated the same charge to others. The contractor, having the fullest confidence in the rectitude and uprightness of all his actions and conduct, requested the committee, as a lavor to him, that they would allow the postmaster to prove any and every dis- honorable act that he could against him, pledging himself to the com- mittee that if the postmaster would prove one dishonorable, act during his WHOLE life, that he would relinquish all further claim to the con- tract, or any compensation therefor, and never again show himself before them. To this request the committee consented, at the same time telling Nye that he might bring forward any testimony that he could in defence of his character. The postmaster ransacked the loliole city in search of so7ne one by whom he could prove something against Mr. Nye, but could find none — not one. In the meantime, Mr, Nye brought forward a number of persons of the first respect- ability, who had been intimately acquainted with him for many years, ever since his residence in the city, to prove his character, but the committee refused to allow them to be sworn, saying that the post- master having failed to prove anything against him, it was unnecessary to prove anything in his own defence. From the whole testimony introduced, there does not appear the slightest cause for any hostility towards Nye, except his having the impertinence to complain of the destructive manner in which those under the charge of the postmaster were using his property. The assistant postmaster swears that he never heard any complaint against Nye or any of his property, until 28 J W. NYE. Nye complained of the destructive manner in which they were using it. And the rapidity with which this property was destroyed is sur- passing all helief, until it is ascertained that small boys, and those utterly unacquainted with the driving or management of horses, were allowed to drive them, and not only these, hut others that would keep them out after twelve o'clock at night, and sometimes leave them standing, at that late hour of the night, without hitching, and that they ran away and broke the carriage to pieces; also, by another one, who used frequently to come in after twelve o'clock at night so drunk that he would have to be taken out of the carryall and carried home, all of which Nye was frequently complaining to the postmaster, both verbally and in writing, to none of which was the least attention paid, as sworn to by his assistant postmaster. But I will here state the cause of this hostility of the postmaster towards me — the truth of every word that I here state I will willingly state under the most solemn oath before a magistrate. Some time after the signing of the contract, the postmaster requested me, without any compensation therefor, to give up to a colored man what I believed to be the best part of the con- tract ; and on my refusing, through the counsel of my friends, (mem- bers of Congress and others,) to comply with his request, he declared with an oath that I should not make anything by the contract. I replied that I had the contract in writing, and would abide by it. His reply was, if I had it in writing, he could manage it so that I would make nothing by it. And now, in order to carry his threat into execution, he gives his messengers a direct interest in the contract of fifty cents per day each, extra comi)ensation, free from expense, if they could prevent my property from performing the work, and have Lee's property do it, as sworn to in his presence by Mr. Henry, one of his messengers, and one of his own witnesses. In the last Congress, Mr. Henry was examined by the Judiciary Committee as to the correctness of this testimony, and he acknowledged before that com- mittee that it was correct. The same committee likewise had my witnesses before them, to examine the printed testimony said to have been given by them before the Committee of Accounts, and they testi- fied before the Judiciary Committee that it was correct. And now in this controversy between the postmaster and myself, these messengers, having a direct interest in the result of the investigation, these (if I may be allowed the expression) bribed witnesses are brought forward to swear away and to deprive me of my rights. In no court of justice could their testimony have been taken. But had they no direct interest in the investigation, they were improper and incompetent witnesses. They were the ones who had caused the injury and destruc- tion of this property, and would consequently feel an interest in making it appear bad. But their contradiction of each other and of themselves, with the exception of Mr. Henry, would render their testimony of no account. One of them swears that he gave me a letter complaining of the property, but when I cross-examined him he ac- knowledged that he did not give it to me, but gave it to Mr. Rock. Yet Mr. Hock swears that he never gave him any such letter. Another swears that he frequently complained to me of the property, but when I cross-examined him he acknowledged that he had never spoken to J. W. NYE. 29 me, but that he complaiued to ray son, which he said was the same thing. Yet my son stated under oath that he had never complained to him. Two of them swear that their carryall leaked all over, and that the carryalls were all three alike; yet Mr. Henry swears that his was dry, and did not leak : and it is in proof by other witnesses that they were tight and dry, and good carryalls. One of these witnesses swears that the ponies were poor and weak, and yetanother of these same witnesses swears that the ponies were in fine order and worked well. And such is the testimony brought forward against me, to deprive me of my rights ; and yet among all these witnesses they have nowhere brought home to the knowledge of the contractor any deficiency in the property. It is fully proven, and nowhere denied by the postmaster or his messengers, that when one horse was either killed or run down, another, and as good as could be obtained in this city, irnmediatdy put in its place. When one carriage was broken, another was im- mediately placed on the work. It will be seen, that if there were at any time a deficiency, it was through the fault of the postmaster and his messengers ; and they certainly cannot take the advantage of their OWN WRONG to deprive another person of his just rights. When this claim was before the Judiciary Committee in the last Congress, they allowed the postmaster and myself one week to procure any additional testimony either of us might wish. He procured no new testimony more than the printed testimony then before the committee, and here printed. Could he procure any testimony in justification of the manner in which I have been treated, or showing that of any of my witnesses untrue, he certainly owed it to himself, and to the honor and dignity of the House, whose officer he was, to have procured that testimony, that it might have been put on the record with this testimony, which has already been printed and put on the record by order of the House. The Judiciary Committee reported a resolution directing the Clerk of the House to pay me five hundred and twenty-five dollars out of the con- tingent fund of the House, (which I would not accept.) But the chairman and other members of that committee told me expressly that they did not report that small amount, believing it all I was entitled to, but that, from the prejudices created against me in the House by the Postmaster and his messengers, should they report a bill or reso- lution for the whole amount to which I was justly entitled, they did not think there would be any chance for me to obtain anything at all ; that they thought they might get that small amount allowed ; and in my distressed circumstances, that would be better than nothing. And I now most respectfully submit it to the consideration of your honorable body, whether it comports with the honor and dignity of the House of Representatives, with the honor and the dignity of the United States to suffer an American citizen, without being able to show any fault or wrong on his part to be thus crushed to the earth, and he and his family deprived of every earthly enjoyment_, and subjected to all the sufferings we have experienced during the last seven years, without any redress. And I would now most respectfully ask, if, on every principle of equity and justice, the contractor is not entitled to receive the full avails of his contract, unless it can be shown that he has failed to comply with the terms thereof; and is he not likewise justly 30 J. W. NYE. entitled to the same pay per day for each horse while he was injured, so as to be unable to work, and another had to be hired in his place, as he had to pay for the one liired or his contract price ; and likewise pay for those horses killed or ruined by the wilful abuse of his prop- erty by those in the service of the House ? And is he not on every JUST AND HONORABLE principle entitled to receive the full amount of damages he has sustained in the destruction of his business, in conse- quence of the destruction of his property by those in the service of the House, and in consequence of the non-payment of the amount due under the contract ? All of which is respectfully submitted. J. W. NYE. ADDITIONAL TESTIMONY. No. 1. Letter of J. M. Johnson, dismissing the property. Post Office House of Representatives U. S. December'^i, 1844, Sir : In consequence of the very frequent accidents that occur by which the lives of the messengers in this office are jeopardized and the performance of their duties retarded, occasioned by the badness of your harness and wagons, your contract with, this office will cease after to-day. Respectfully, JNO. M, JOHNSON, Postmaster. Mr. Jas. W. Nye. No. 2. Testimony of George Mattingly. ss. Washington County, District of Columbia, On this 19th day of July, 1848, before me, the subscriber, a justice of the peace in and for said county, personally appeared George Mat- tingly, who being duly sworn on the Holy Evangely of Almighty G-od, deposeth and saith : That some time in December, 1844, J. W Nye received a notice from the postmaster of the House of Represen- tatives, inlorming him that the property that he had contracted to furnish for the use of the House of Representatives, would not be any longer used in the service of the House. That the said Nye wrote a letter to the said postmaster, and another to the Chairman of the Com- mittee on Accounts: "That the property that he had contracted to furnish for the use of the House was on hand, in good order, and ready J. W, NYE. 31 at any and all times to do the work of the House, and that he should demand and expect the pay for their services, according to the terms of the contract." And that he, the said Mattingly, delivered the aforesaid letters — one to the Chairman of the Committee on Accounts, and the other to the said postmaster of the House — and that while said property was idle he requested Nye to let him have one of those horses to use part of the day, which he, the said Nye, refused to do, saying, that their services belong to the House of Representatives, and that he would neither use them himself, nor let any other person use them, except in the service of the House, as he should claim pay for their services according to the terms of his contract during the whole term of said contract. GEORGE MATTINGLY. Subscribed and sworn to before the undersigned, the 19th day oi July, 1848. HENRY HOWISON, Justice Peace. No. 3. Deposition of John 31. Johnson in the case J. W. Nye. Post Office House of Representatives, 31arch 30, 1852. Sir : In compliance with the request of the Hon. A. P. Edgarton, a member of the Committee on Claims, I beg leave to state, that in the month of January, 1844, I entered into a contract with J. W. Nye to furnish for the use of the House of Representatives, "three good horses omd, carriages," and " to keep them in good order.'' Very soon thereafter, there were complaints made to me by the messengers who drove the horses and carriages of the leaky and dangerous con- dition of two of the carriages, and of the rottenness of the har- ness, and of the unsuitableness of some of the horses, one which had to be goaded by a nail fixed in a stick, furnished by Nye. This state of things continued throughout the first session of the 28th Congress, although Nye was frequently spoken to to remedy them. I threatened to take the contract from him if he did not furnish suitable property, and he set me at defiance. Soon after he got the contract, he assigned the pay he was to receive for the horses and carriages to one George Mattingly and before the second session of the 28th Congress, I requested Mattingly to have suitable carriages and horses, and said if they were not, I should take the contract from Nye, but it had not the desired effect ; and, conse- quently, I notified Nye on the 24th December, 1844, that the contract with him would cease on the 31st of that month. At the same sessioii the matter was re/erred to the Committee of Accounts, and after the ex- amination of all of Nye's witnesses, including Kimmell and Walker, Mattingly a7id Andrew Rock, ivho loere creditors of Nye, the Committee decided that I had "properly revoked" the contract icith Nye, and "that Nye had not fulfilled the terms and conditions of the said contract, and that he is therefore not entitled to any compensation." — {See resolution of the Committee of the 1st March, 1845.) J 32 J. W, NYE. Immediately after the adjournment of the first session of the 28th Congress, Nye called and requested me to discontinue his horses and carriages as soon as possible, as Mattingly received pay for them, and said he (Nye) had to feed them ; that he was scarce of funds, and could pasture them cheaper in the country than he could feed them in town. Notwithstanding that request, Nye now claims compensation for a horse and carriage for the recess. After the contract was taken from Nye, he attempted to impose upon the Committee of Accounts by showing them better and difierent horses than those used while he had the contract. At the first session of 30th Congress the claim of Nye was again referred to the Committee of Accounts, and some member of the com- mittee informed me that, in order to get rid of Nye's importunities, they resolved to pay him $91, which was '' to be in full of all claims for services or otherwise, under a contract luith the postmaster of the House of Representatives, dated IBth January, 1844." — (See Journal of Committee of Accounts^ January 11, 1848.) I am satisfied that the member of the Judiciary Committee who re- ported in favor of paying Nye $525, was grossly deceived by misrep- resentations made to him, and that his report was not based upon the testimony which induced two or three previous committees to decide against the claim, and regret that that testimony, which was deposited in the clerk's office, has been lost or mislaid. Nye did not pretend to claim before the first Committee of Accounts who acted on his claim any compensation for a horse and carriage during the recess, or for dead horses, although a recess had the7i passed, through which he now claims pay for a horse and carriage, and two months had elapsed from the time I had revoked the contract. The only claim that Nye presented to that committee was for hauling. Had he have had any other, he doubtless would have presented it. The claim for the use of a horse and carriage during the recess and for dead horses is entirely an afterthought, and of which I do not re- collect to have heard for two or three years after I revoked the contract. I am, verv respectfully, your obedient servant, JNO. M JOHNSON, Fosiniaster. Hon. J. R. J. Daniel, Ohairjnan Committee on Claims. P. S. I honestly believe that the horses and carriages which Nye furnished would not at any time have sold for $500 cash, and he re- ceived from the government for the use of them for about seven months $1,000 or upwards ; and two of the horses when the contract was revoked were in better order than they were when they were first put in the service. JNO. M. JOHNSON, Postmaster House of Representatives. Subscribed and sworn to before me this 31st day of March, 1852. J. W. BECK, Justice of the Peace. J. W. NYE. No. 4. Affidavit of J. W. Nye, in reply to John 31. Johnson. I have seen and read the deposition of John M. Johnson, postmaster of the House of Representatives, of the 30th March, on the subject of the contract entered into between him and myself for furnishing certain vehicles for the use of the House of Representatives during the 28th Congress. I make the following statement on oath, in reply, in order that both sides may be fairly heard. I declare thac the quality of the animals and carriages furnished was not only good, and fully sufficient, but was of a higher grade than was necessary to have been placed in such service. In support of this statement, I refer to the depositions of Kimmell, page 2 ; Walker, p. 3 ; Bowen, p. 3 ; Batson, p. 4 ; Rock, p. 5 ; N. W. Nye, pp. 5 and 6 ; Mattingly, p. 6 ; Willett, pp. 6 and 7 ; Robinson, p. t ; and the Hon. Mr. Rodney, p. 10. I never received any comjjlaint from him on the subject until I received his letter, dated the 24th December, 1844, informing me that the contract was revoked. Mr. Johnson has mis- stated a fact in his deposition, when he swears he gave me notice, on the 24th of December, that my service would cease on the 31st of December. His letter is annexed hereto, and shows it was to take eflfect from its date. The Hon. J, J. McDowell, chairman of the Committee on Accounts, to whom, naturally, such complaints would have been made, declares, on pages 1 and 2, that he heard no com- plaints of the kind from Mr. Johnson. I never received any notice from Mr. Johnson of his intention to take the contract from me, except on one occasion, when he required me to pay for two days' service of a horse and carryall belonging to Lee, Ui^ed by one of his messengers, while I had one ready for use standing in the yard, which I refused to do. Perhaps this is what he calls setting him at defiance. I frequently heard of his threatening to take the contract from me,if hecould. — (»SeeMr. Hill's deposition, p. 2.) I confe>s that a bare majority of the Committee on Accounts of the second session 28th Congress decided that the contract was properly revoked. I requested them to point out wherein I had violated my contract, which they failed to do. I solemnly declare that I never asked Mr. Johnson to discontinue the use of my stock during either vacation of Congress. He was soliciting me to allow others to furnish a vehicle during vacation, which I refused to do, declaring that, as long as a vehFcTe of any kind was required for the use of the House during the 28th Congress, I would furnish it under my contract. He requested me to give him the key of the public stable, that one of his messengers might keep a horse there during the summer, and I refused to do so on the above ground, and that no one, by my consent, should furnish stock for that purpose. — (See deposition of N. W. Nye, page 12.) I solemnl ■ deny the charge of having imposed different prop- erty on the Committee on Accounts for examination from that used by me. This charge is fully met by the testimony of persons who were capable of knowing the truth, as they kept the stable, and knew the H. Rep. Com. 439 3 34 J. W. NYE. horses and other property employed and examined. — (See Batson, p. 4 ; N. W. Nye, p. 6.) As to the value of the proi)erty, the deposition referred to in the second ])aragra))h herein, will prove that I expended nearly if not quite $2,000 in the original and nuhsequent purchase. The first set of horses and vehicles cost me $825, and they could not have been purchased in this market for less price. The cruel treatment of the animals, and wanton destruction of the carriages by the messengers, notwitlistand- ing my rej)eated remonstrances, compelled me to go to a ruinous out- lay to rejdace damaged property. There was but one horse which did not share that fate, and it was because he was treated humanely by his driver, Mr. Henry. It was no afterthought that I claimed pay during vacation, as I presented my claim for that service to the Committee on Accounts, at the second session of Congress, and at their request with- drew it till the question of continuance of the contract should be set- tled. I took testimony before that committee to prove the destruction of property by the messengers ; but no demand for payment was then made, for the same reason. As that committee did not report till the last day of the session, it was of necessity postponed to a succeeding Congress, Tlie payment of |91, ordered by the Committee on Accounts, was for hauling done by me under my contract, and not for any service included in my present claim. Although the committee directed their clerk to ])ay it as in full of all claims, I refused to receive it as buch_, but entered my protest at the time. A subsequent committee of the House of Representatives did not consider it as in full, for they al- lowed me $525 in addition, for the service of horses and carryalls, which I declined receiving, and so it now stands. In regard to the lost testimony spoken of by Mr. Johnson, I declare that the deposition printed in document No. 117, second session 29th Congress, is the testimony, and all the testimony, to my knowledge, ever before any previous committee. It was taken before the Com- mittee on Accounts, second session 28th Congress, was referred to Committee of Claims, second session 29th Congress, and was again submitted to the Judiciary Committee of 30th Congress, who exam- ined nine of the witnesses in person, who declared those were the same taken before the Committee on Accounts, as above stated, and were true, of which the most of them had previously sworn to before a jus- tice. The committee also took additional testimony, which had not been before any previous committee, which is now before the present Committee of Claims. The Judiciary Committee also refused to hear any statement from either party, except both were present. J. W. NYE. District of Columbia, > County of Washington, ^ ' Sworn to before me, a justice of the peace in and for said county, this 8th day of April, 1852. B. K. MORSELL, J. P. J. W. NYE. 35 No. 5. Testimony of Mr.. Thomas Scrivner. Washington, 3Iay 14, 1852. Gentlemen : I am informed that you were police officers, at the Capitol, during the second session of twenty-eighth Congress, when the horses and carryalls, furnished by J. W. Nye for the service of the House of Representatives, were taken by order of the Committee on Accounts, to the Capitol for examination, after they had been dis- missed by the postmaster of the House, and that you probably saw them on that occasion, as you had been in t1ie habit of seeing them previous to that time, will you please state whether the horses exhib- ited on that occasion were or were not the same that Mr. Nye had used for that service previously, while he was engaged in the service of the House, under his contract. By doing so at your earliest con- venience, you will oblige. Yours, respectfully, JOHN M. McCALLA. John L. Wirt, Esq., Thomas Scrivner, Esqt. Sir: In answer to the above, I hereby state that I was one of the police officers of the Capitol during the second session of twenty-eighth Congress ; at the time the Committee on Accounts went out and ex- amined the property, after it had been dismissed by the postmaster of the House, which had been furnished by Mr. Nye for the service of the House, I well recollect three of them, one a large sorrel horse, and two gray Canadian ponies, which had all three been in the service of the House previous to the dismission of said property ; I have no re- collection of seeing any horse there, for the examination of said com- mittee, that had not been employed in the service of the House. Yours, repectfully, THOS. SCRIVNER. Gen. John M. McCalla. No 6. Testimony of John L. Wirt. Washington, May 28, 1852. Sir: To your note, dated May 14, I reply that I was one of the police officers of the Capitol during the twenty-eighth Congress, and that while Mr. Nye's horses and carryalls were in the service of the House of Representatives, during that Congress, I used to see them every day. When the Committee on Accounts examined them during the second session of that Congress, after the postmaster refused to let them be used any longer in the service of the House, I was f)resent, and I saw no horse there for the committee to examine that had not 86 J. W. NYE. been used in llic service of" flic House, wliih^ T\Ir. Nye's Iiopncsh w(!ro jierfoi mill;; l.liiit work. lliul II.ck! been any Htieli. 1 cerluitd 1/ nhould liavu noticed it.. Yours, rcHpectfiilly, .lOJlN L. WIKT. Qcn. John M. McCalla. Mo. 1. Tcsilmony of J)/r. James A. lUnocn. 8tA'IK of M AUYIiANl), ) Prince (reonjc'ti Comity, ) On \)\\H Hecoiid day <»(' Deeenilier, in tlio y(»ar of our Lord ei^liteen hundred and lilty-fonr, ))erore nii', a jiisliee of the jieacc^ in and lor tlie paid county, iiorsonally apjieared .lanufH A. Bowen, who, being duly 8worn on the lloly Mvan^(dy of Aliiiif^lity (Jod, depoH<'th and naith, that in 1844 he was livin;j; on (^ipitoi Hill, in Wahhiii};toii eily, keep- ing a leed store; that in rlaiiiiai}' ol" that year Mr. J. W. Nye obtained a eontraet t.o rnrnish horsi's and (^arryalis lor the uko of th<' House of" Jvepresenfatives for that (JongresH ; that lit^ {Mv. Howen) furnished Mr. Nye tlie I'vva] for his horses emph)yed at the C!!apitol that session, and Hoinetinie during the ensuing session, until the jtostniaster of tlu; House refused to let Nye's property any longer pcMf'orni said servicer ; that ho used to see tlu^ horses every day that they were in the servic;e of tho House, taking particular notice of them in eonseiiuenee of the nianiwr in which they were driven by the niessi-ngeis who bad charge of them, l^oing informed somo time after tho refusal of the postmaster to allow Nye's property to perform the service, that tho Oommitt(KM>n Accounts bad directed Mr. Nye to have the property Takoji to the Capitol for their e.xamiiiat ion, that he went over to flu* Ca|iitol, and was j>resent when tlu! committee examined ihem ; that, there were two gray Cana- dian j)onies and a bob-tailed bay horse harnessed to the carryalls, and that these three liorses, and the three carryalls, were tho same that were in the service of the House at the time the postmaster refused to let fliem be used any longer in that service ; and that, in addition tt) these three liorses, Nye had two or tlii'ee others there thai had heeii used in that service duiiiig lliat session, oiu' a long-tailed hay horse, called Charley, and a large soriel horse, called Hill, and he thinks another Imh-tailed bay ; and he further states that Mr. Nye had no borse there that morning that had not been u.>>'ed in the servit-e of the Jlouse that session. dAS. A. IJOWEN. Sworu and subscribed before me, the day and year above written. F. K. BROOKS, J. r. J. W. NYE. 37 No. 8. Testimony of Mr. A. J. Rock. WASFriNdTON County, ) DiHirici of Colum/jiu, \ ' ' On il)iH 2()tli (lay of M;iy, in tho year oConr liord one thousand eight liuii(lrce ukcmI in the service} of the llouKe. After said I)ro[)erty had been dismisKed hy the [)ostmaster, the Committee oq Accounts, who had the subject before them for their investigation, di- rected Mr. Nye to have the jjroperty taki, and to have refunded to him the amount of his expenditures (less the amount paid to him by the government J incurred by him as the assignee of the contract for furnishing brick for the Wabhington Aqueduct, report: That they have examined the claim of the memorialist and the evi- dence adduced in its support. It a[)pears that on the 23d of January, 18.54, William H. Dego;sand Francis H. Smith entered into a contract with Montgomery C. Meigs, acting for and on behalf of the United States, by which they agreed to lurnish the latter with not more than forty million nor less than twenty-five million of bricks, at the rate of $3 75 per thousand, to be used in building the Washington Aqueduct. For the faithful per- formance of the contract by Deggs & Smith, Columbus Alexander and Alexander H. Mechlin became sureties. Deggs & Smith failed in the performance of their contract, and Mechlin and Alexander undertook to carry it out in their stead. The substitution of Mechlin & Alex- ander for Deggs & Smith having been accepted by the United States, they became the legal parties to the contract which was subsequently prosecuted in their names. On the 9th of May, 1855, an agreement was concluded between William H. De Groot, the memorialist, and Mechlin & Alexander, by which the former undertook the execution of the contract on the same terms and conditions, in all respects, as it had been originally undei- takeu by Deggs & Smith ; the memorialist receiving, at the same time, a power of attorney from Mechlin & Alexander, authorizing him to do and perform everything required by the contract. He was to receive payment for the brick delivered, and to act in all respects in their stead, as fully as if he had been the legal party to the con- Z WILLIAM n. DE GROOT. tract. All this was done with the knowledge and consent of Captain Meigs, the agent of the United States, who always thereafter treated witn the memorialist on the same footing as if he had been the origi- nal contractor. In pursuance of the agreement with Mechlin & Alexander, the memorialist applied himself immediattly to prepare for the execution of the contract, by purchasing land for clay and wood; machines for moulding brick; boats, carts, wagons; horses and mules for transporting thetn ; building extensive houses for the accommodation of the work- men ; kilns, sheds and roads; making yards, providing tools, hiring hands, and doing everything necessary to enable him to prosecute the work in a manner satisfactory to the government. It also appears that Deggs & (Smith, the original contractors, having /ailed to furnish any- brick, or to provide in any way for the execution of their contract, it became necessary for the memorialist to furnish a considerable num- ber before it was practicable to manufacture them himself, in order that the work might not be delayed. This he did without murmuring, though at the loss of all the profits which he would have realized had he been permitted to wait until he could manufacture them himself. It apj)ears from the evidence furnished to the committee that a kiln ot 800,000 brick, made after he had completed his arrangements ibr the prosecution of his contract, cost, when delivered on the line of the Avork, .$1,575, and thnt these brick were worth, at the contract price, $2,625 ; showing a profit to the contractor exceeding $3 50 per thousand. It also appears from the testimony that, in the purchase of land, wood, boats, wagons, horses, machinery, and tools ; building houses and brick kilns ; in making yards, roads, HOUSE OF REPRESENTATIVES. ( Report 1st Session. \ / No. 103. WILLIAM H. DE GROOT. [To accompany Joint Resolution H. R. No. 17.] March 19, 18G0. Mr. BuRNETT_, from the Committee for the District of Columbia, made the following REPORT. The Committee for the District of Columbia, to lohom was referred the memorial of William H. De Groot, praying to he indemnified for his losses and damages, and to have refunded to him it,e amount of his expenditures (less the amount paid to him hy the government) incurred hy him as the assignee of the contract for furnishing hricTcfor the Washington aqueduct, report : That they have examined the claim of the memorialist and the evi- dence adduced in its support. It appears that on the 23d of January, 1854, William H. Deggsand Francis H. Smith entered into a contract with Montgomery C. Meigs, acting for and on behalf of the United States, by which they agreed to furnish the latter with not more than forty million nor less than twenty-five million of bricks, at the rate of $8 75 per thousand, to be used in building the Washington aqueduct. For the faithful per- formance of the contract by Deggs & Smith, Columbus Alexander and Alexander H. Mechlin became sureties. Deggs & Smith failed in the performance of their contract and Mechlin and Alexander undertook to carry it out in their stead. The substitution of Mechlin & Alex- ander for Deggs & Smith having been accepted by the United States, they became the legal parties to the contract which was subsequently prosecuted in their names. On the 9th of May, 1855, an agreement was concluded between William H. De Groot, the memorialist, and Mechlin & Alexander, by which the former undertook the execution of the contract on the same terms and conditions, in all respects, as it had been originally under- taken by Deggs & Smith ; the memorialist receiving, at the same time^ a power of attorney from Mechlin & Alexander, authorizing him to do and perform everything required by the contract. He was to receive payment for the brick delivered, and to act in all respects in their stead, as fully as if he had been the legal party to the con- tract. All this was done with the knowledge and consent of Captain 2 WILLIAM H. DE GROOT. Meigs, the ngent of the United States, who always thereafter treated with tlie memorialist on the same footing as if he had been the origi- nal (ontractor. In pursuance of the agreement witli Mechlin &: Alexander, the memorialist applied himself immediately to prepare for the execution of the contract, by purchasing land for clay and wood ; machines for moulding brick; boats, carts, wagons; horses and mulesfortrans{)orting them; buihling extensive houses for the accommodation of the work- men ; kilns, sheds and roads ; making yards, providing tools, hiring hands, and doing everything necessary to enable him to prosecute the work in a manner satisfactory to the goverment. It also appears that Deggs & Smith, the original contractors, having failed to furnish any brick, or to provide in any way for the execution of their contract, it became necessary ibr the memorialis to furnish a considerable num- ber before it was practicable to manufacture them himself, in order that the work might not be delayed. This he did without murmuring, though at the loss of all the profits which he would have realized had he been premitted to wait until he could manufacture them himself. It ap])ears from the evidence furnished to the committee that a kiln of 300,000 brick, made after he had completed his arrangements for the prosecution of his contract, cost, wlien delivered on the line of the work, $1,575, and that these brick were worth, at tlie^contract price, $2,025 ; showing a profit to the contractor exceeding $3 50 per thousand. It also appears from the testimony that, in the purchase of land, wood, boats, wagons, horses, machinery, and tools ; buihling houses and brick kilns ; in making yards, roads, &c., pre])aratory to the execution of his contract, and in the purchase and transportation of brick which his predecessors had failed to provide for, the memorialist had expended the sum of $67,987 18, and that he was prepared to prosecute the work which he had undertaken as rapidly, and even more rapidly, than was retjuired by the government superintendent; and that his profits would not only have been remunerative, but large and likely to increase, as the operations at the yard and in the trans- portation of the brick became more systematic. At this period, about the first of October, 1855, the memorialist, as has been shown, was fully prepared to proceed in the execution of his contract, (everything having been provided to enable him to do so to the best advantage for his own interest as well as to the satisfac- tion of the government,) and continued to perform the same until the contract was virtually terminated by tlie United States, through the refusal of Congress to make any further appropriation for carrying on the work, and no complaint was made in relation to the manner in which the contract was performed by the memorialist. That the contract of the memorialist had been executed with fidelity and to the entire satisfation of the government is sliown by the report of Captain Meigs of the 11th of April, 185G. In this ho fays of the contractors, De Groot & Darling : "They are waiting orders, and they do not know whether they should make 100,000 or 15,000,000 of bricks for the season's use." As further proof of the faithful and satisfactory performance of the WILLIAM n. DE GROOT. O contract of the memorialist, it .appears that at the time the work was 8top[)ed hy the government there were 418,544 brick unused on the line of the work, and 300,000 in the kilns ready for delivery. But there is, however, no allegation of any default or failure on the part of the memorialist in the manner in which his contract was executed. On the contrary, it appears that the moment the contract was assigned to him by Mechlin & Alexander he set vigorously to work to prepare for its execution, and that at the time it was terminated by the gov- ernment he was prepared to prosecute it in the most approved and systematic manner. lie was provided with everything necessary — with land for clay, with steam engines, machines for moulding, kilns for burning, yards for drying, houses for the accommodation of the workmen, roads, boats, carts, wagons, and animals for transportation, workmen — in short, with everything necessary to enable him to afford satisfaction to the government and to make his contract profitable to himself. The further prosecution of the contract was ended by the failure of Congress to make an appropriation to carry on the work, and the large, expensive, and necessary preparations made by the memorialist for prosecuting the contract were rendered abortive, and tlie property thrown upon his hands before he had realized any profit. " liesolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury shall settle and adjust with all the parties respectively in- terested therein, on principles of justice and equity, all damages, losses, and liabilities incurred or suBtained by said parties, respectively, on account of their contract for manufacturing brick for the Wash- ington aqueduct ; and he is hereby directed to pay the amount found due by such settlement and adjustment out of the appropriation made for paying the liabilities for the said aqueduct by the act making appropriations for certain civil expenses of the government for the year ending June thirtieth, eighteen hundred and fitty-seven, approved the eighteenth of August, eighteen hundred and fifty-six : Provided, That the said parties first surrender to the United States all the brick made, together with all the machinery and appliances, and other per- sonal property prepared for executing the said contract, and that the said contract be cancelled. *' Approved March 3, 1857." The memorialist, under said resolution, surrendered to the United States all the brick then made, together with all the machinery, ap- pliances, and ])roperty therein referred to, under the supposition that he would be fully indemnified under said resolution. At the time the contract was stopped the whole amount of expendi- tures of the memorialist, as appears from the proved vouchers which accompany his petition, was, exclusive of interest, his own time, and the sum paid to his temporary partner, D. S. Darling, $G7,1)H7 18 tlie amount received by him $18,074 85. He subsequently received the sum of $7,576, out of the amount awarded by the Secretary of the Treasury to Mechlin & Alexander, under the joint resolution of the .3d March, 1857. Thus it appears that, without reference to loss of time, profits, and 4 WILLIAM H. DE GROOT. damages, and independent of the sum paid to his temporary partner, who reassigned to the memorialist the whole of his interest in the contract, and the numerous personal and other expenses inseparable from the prosecution of the contract in the first place, and his claim for indemnity in the second, the memorialist has expended in money, over and above the amount received, the sum of $42,336 33. The committee are not unaware that, by the original agreement, the contractor was to take tlie risk of a failure of appropriation. But it will hardly be contended, even if the question of a right to in- demnity on the part of the memorialist had not been settled by the act of August 18, 185G, and the joint resolution of March 3, 1857, that tlie government, after contracting with the memorialist for so large a supply of brick, and requiring him to prepare for the executioa of his contract in such a manner as to be able to make and deliver 60,000 brick a day, involving an expenditure of over $60,000 before a single brick could be made and delivered under the contract, might, through caprice or whim, without some overruling necessity, stop the work to the ruin of the contractor. It could never have been the in- tention of the parties that the government might wantonly stop the work contemplated by the contract, after inducing the contractor to prepare for its execution by the expenditure of large outlays of money. Such a construction would be totally repugnant to every principle of equity and justice. The true construction of the contract undoubt- edly is, that any accidental failure of appropriation should be at the- risk of tbe contractor. But it was never intended that after the me- morialist had incurred an expense of many thousands of dollars in preparing to execute the contract in a manner commensurate with the views and instructions of its superintendent-, the government should terminate it without excuse, and afterwards taking possession of the property and improvements of the contractor without fully indemni- fying him both ior his outlays and loss of profits. Anything short of this would be unjust. But the question of right on the part of the memorialist to full indemnity the committee understand to have been settled by the joint resolution of March 3, 1857. That resolution, as will be observed, directs "that the Secretary of the Treasury shall settle and adjust, with all the parlies respectively intei'ested therein, on principles of justice and equity, all damages, losses and Uahililies incurred or sus- tained by said parties, respectively, on account of the contract for manufacturing brick for the Washington aqueduct." Nothing can be broader or more explicit than this resolution. It provides that all the parties interested in the contract shall be settled with ; not merely the legal parties, but the parties interested in and " on account" of the contract. This language could have been used for no other purpose than to give to the equitable party, or party to whom the contract has been assigned, a right to his proper share of the indemnity, provided, as Congress supposed, by the resolution. In other words, it was to give to the memorialist a legal claim to such " damages, losses, and liabilities" as he had "incurred or sustained on account of the said contract." By directing the Secretary to settle and adjust " the damages, losses, ^VILLIAM n. DE GROOT. 5 and liabilities" incurred or sustained by the parties respectively, Con- gress intended^ as the committee believe, to indemnify the memorialist, and all others who had sustained injury, against all losses, v^hether arising from the actual expenditure of money, deprivation of profits, or damages which they might have sustained in their business, or by reason of having their property and improvements thrown upon their hands. The words "damages, losses, and liabilities," as well by ordinary import as by judicial interpretation, imply that the party who is to be settled with on account of having incurred or sustained them shall have the amplest satisfaction. These words embrace un- satisfied expenditures, damages and pofits ; and under a proper con- struction of the resolution the Secretary of the Treasury would have allowed the memorialist not only for the amount of his expenditures, over and above his receipts, but also such fair profits as the contract would have yielded, together with the damages he may have sustained by the interruption of his business, &c. The language of the resolu- tion is susceptible of no other meaning. But from the report of the Secretary, or rather his award made in pursuance of the joint resolution, it appears that the memorialist was allowed neither expenditures, profits, nor damages. He was excluded on the ground that he was not a legal party to the contract, and could not therefore be recognized as one of the parties who had a right to claim under the joint resolution. The memorialist was not a party to the original contract, but was accepted by the agent of the govern- ment as the assignee, and was thus a legal party under the resolution, and had a just claim to indemnity under it. Having once decided that the memorialist had no right to indemnity under the resolution, his decision, judging from the evidence before the committee, was entirely correct ; for neither Deggs & Smith, nor Mechlin & Alexander, sustained any damage, loss, or liabilities which the government was bound to make good, l^eggs & Smith never suf- fered any interruption in the performance of their contract. Indeed, there is no evidence that they ever attempted to execute it, Mechlin and Alexander were mere sureties for the faithful performance ot the contract of Deggs and Smith ; but they assigned it to De Groot, the memorialist, and never incurred any liability, nor sustained any loss, and could not, therefore, justly claim an allowance for losses, liabilities or damages under the resolution. It seems that a Mr. Kellogg presented a claim, arising after the work had been virtually stopped, and received a portion of the sura awarded by the Secretary of the Treasury under the resolution of March 3, 1857; but inasmuch as there is no connexion between him and the present claimant, the committee have not thought it necesssary to inquire further than to ascertain that fact. But the position of the memorialist is different from that of the parties to whom reference has been made. He became a party to the contract at a period long anterior to the stoppage of the work ; he expended, as appears^ large sums in the purchase of land, engines, machinery, wood, and all the necessary apparatus and fixtures for carrying on the contract ; he built houses and brick kilns, made yards, roads, and other improvements, and did everything required to enable € WILLIAM H. DE GROOT him to execute his contract with promptitude and despatch. After havin^]!: done all this, at a large expenditure of money, and having proved his ability to carry out his contract in a manner satisfactory to the government and profitable to himself, the work was stopped, not through any default of his, but by the order of the superintendent. Under such circumstances can it be pretended that he was not entitled to indemnity, and to such an indemnity as would embrace not only the expenditures he had made, but likewise damages sustained? From this review of the case of the memorialist it would seem that recognized principles of equity and justice require that these amounts should be refunded to him ; and these principles are powerfully sus- tained by the facts that all the property and improvements purchased and provided by the memorialist^ at the expense of this large outlay of money, now belong to the government, having been conveyed to it in pursuance of the joint resolution of March 3, 1857. The govern- ment cannot take the memorialist's property and enjoy the fruits of his labor without fully indemnifying him therefor. But this is not all. The memorialist has as much right in equity -and justice to damages for his losses, and satisfaction for the benefit which he would naturally have derived from his property and labor, as to compensation for his actual expenditures. The committee re- gard this as a well established principle of law and equity. The joint resolution of March 3, 1857, intended to provide for a full indemnity, but the Secretary of the Treasury having construed it otherwise, the committee recommend the passage of a joint resolution to meet the prayer of the memorialist for such expenditures as he has made in the fair prosecution of his contract, over and above the amount he has received, and also for the damages he has sustained. The committee have refrained from fixing the amount, and submit the decision in re- lation thereto to the Secretary of War. 36th Congress, ) HOUSE OF REPRESENTATIVES. J Report 1st Session. \ } No. 275. METROPOLITAN GAS-LIGHT COMPANY. [To accompany BUI H. R. No. 522.] March 30, 1860. Mr. Carter, from the Committee on the District of Columhia, made the following REPORT. The Committee on the District of Columhia, to whom loas referred the 'petition of Henry S. Davis and others praying for a charter to incor- porate them into a company for the purpose of building gas ivorks and supplying the city of Washington loith gas, have considered the same, and ask leave to report : That after a full and careful investigation of the subject your com- mittee have come to the conclusion that it is necessary to have a wholesome competition in the manufacture and distribution of gas as well as in many other branches of business, so as to enable the con- sumers to procure the article at a fair price, and as your committee believe that the present company who are manufacturing gas in this city are charging a high price for the same, and as your committee believe that the only remedy is in chartering a new company, to come in competition with the old one, and as your committee believe that the petitioners are honest and sincere in their application, and intend to build up gas works so as to cheapen the price of gas both to the government and citizens of the city, and also to improve the quality of the same, therefore, your committee ask leave to report the accompanying bill, with the recommendation that it pass. To the honorable Senate and House of Representatives in Congress as- sembled : The undersigned petitioners would respectfully represent that the gas company in the city of Washington, D. C, chartered by an act of Congress in the year 1848, have charged and do continue to charge an exorbitant price for the gas furnished the government and also the citizens of the city, their charge being four dollars per thousand feet for gas of an inferior quality ; and in the opinion of your petitioners 2 METROPOLITAN GAS-LIGHT COMPANY. the only remedy is in forming a new company which will come in competition with the old company. Therefore, your petitioners respect- fully pray your honorable bodies that you will grant them a charter to construct gas works and lay down pipes throughout the city, so as to furnish the government and also the citizens with gas at less price than they are now paying, and of better quality ; and as in duty bound will ever pray. H. S. DAVIS. GYRUS MOORE. GEO. W. COCHRAN. JAMES G. ELLIS. J. HEPBURN. HARMON BURNS. J. SHILLINGTON, December 5, 1859. 36Tn Congress, ] HOUSE OF REPRESENTATIVES. C Report 1st Session. \ ) No. 319. GENERAL HOSPITAL FOR THE DISTRICT OF COLUMBIA. [To accompany Bill H. R. No. 552.] April 2, 1860. Mr. Carter, from the Committee for the District of Columbia, made the following REPORT. The Committee for the District of Columbia beg leave to submit the fol- lowing report : That they find that the buildings and grounds occupied as the Washington Infirmary belong to the United States. The use of them was allowed to the faculty of the medical department of Columbian College, some years ago, for the purposes of an infirmary for the medical instruction and scientific purposes — to be returned, when demanded, in good condition. That an appropriation of $20,000 has been made by Congress to the institution, and a further annual appropriation, first of $2,000, now increased to $6,000, has been made for several years past to de- fray the expenses in said infirmary of a limited number of transient paupers who may fall sick while here as strangers, and have no claim upon the corporation of Washington. That said faculty receive others into the infirmary who pay accord- ing to their accommodations, and that all profit arising from the infirmary is enjoyed by the faculty, known as Directors of the Wash- ington Infirmary. That the faculty use the building for the purposes of a medical col- lege. That, as a rule, no person is admitted to the infirmary without pay. It is believed that greater benefit will be insured to the public, and the claims of humanity better answered, by placing the infirmary under the care of regents, responsible to proper authorities, that the profits now enjoyed by private individuals may be used to extend relief to a greater number of those who are unable to pay, and cannot be accommodated in the infirmary under present circumstances. That the rooms now used for medical lectures should be appropri- ated to hospital purposes. That the directors in possession have no vested rights, and their interests are not interfered with unjustly by devoting the building to 2 GENERAL HOSPITAL — DISTRICT OF COLUMBIA. the accommodation of the sick. Again, they have no claim upon government to be furnished with a building for private purposes. That regents are the proper authorities to manage the institution, instead of directors virtually self-appointed, self-controlling, and irre- sponsible. The management will be more in consonance with republican prin- ciples, insuring the greatest good to the greatest number. Washington, March 26, 1860. We, the undersigned, after a full and free conference, have con- cluded to withdraw all opposition to the proposed plan of separating the Washington Infirmary from its present connexion with the Na- tional Medical College, and earnestly recommend the adoption by Congress of the accompanying bill. We further recommend, that in view of the expenses incurred by the present managers in furnishing and supporting the institution for the last fifteen years, that a sufficient sum be appropriated to indem- nify them. J. C. HALL, M. D. ALEX. Y. P. GARNETT, M. I). THO. MILLER, M. D. HARVEY LINDSLY, M. D. 36Tn Congress, ) HOUSE OF KEPRESENTATIVES. [ Report 1st Session. \ [ No. 405. J, W. NYE, ASSIGNEE, &c. [To accompany Bill H. R. No. 628.] April 13, 1860, Mr. Carter, from the Committee for the District of Columbia, made the following REPORT. The Cotnmitteefor the District of Columbia, to wJiom was referred the memorial of Bev. G. Hildt and eight other clergymen, the mayor, alder- men, president and memhersqfthe common council, district attorney, and one hundred and thirty-eight citizens of Washington, D. <7., praying an examination and settlement of three several claims of J, W. Nye upon the government ; one for services rendered and m,oneys expended in macadamizing Fentisylvania avenue, Washington city, D, G. in 1832 ; one for furnishing horses and carryalls for the service of the House of Representatives for the 2S(h Congress ; and the other for improving certain public grounds, beg leave to submit the following re- port : That at the Ist session of the 22d Congress a law was passed for macadamizing ibrty-five feet of the centre of Pennsylvania avenue from the Capitol to the executive offices, putting said improvement under the control of the Commissioner of Public Buildings, and direct- ing him to advertise for proposals. The Commissioner awarded said work to Peter Bargy, jr., of New York, and Hugh Stewart, of Pennsylva- nia, in nearly equal divisions, they being the lowest responsible bidders and stipulating to perform the same at sixty-two cents per square yard. One part of the contract was as follows: " And it is further covenanted and agreed, that if the said contractors shall not prosecute the said work in such manner, or make such rate of progress as the Commissioner may deem necessary, or shall not work on such part or parts of the work hereby undertaken, and at such time or times as the Commissioner may prescribe, or shall not increase the force employed by them if so required by the Commissioner, the said Commissioner shall be at full liberty, and is hereby invested with full power and authority, to employ or contract with any other person or persons to complete the work hereby undertaken, at the proper cost and charo-e of the aforesaid contractors, without molestation, hindrance, or any interruption by said contractors in anywise or manner." And the contractors were required to give ample security for the faithful per- formance of said contract. 2 J. W. NYE. So severe were the terms of this contract, the contractors were un- willing to sign it until, by actual experiment, they had ascertained they could make a reasonable profit on it. To test this they were per- mitted to commence work without previously signing the contract. On the 14th of August the contract was regularly signed and the necessary papers passed. On the 18th of the same month the cholera broke out in the city and raged with great violence, especially among the laborers on the work. Many were attacked while at work, and iJiiriy persons died in one night in the vicinity oi the residence of the superintendent of the work. Physicians advised the laborers to leave the city, and most of them left the work. The contractors, under these circumstances, applied to the Commis- sioner for permission to suspend the work until the epidemic subsided; but they were refused, and they were required to prosecute the work^ or suffer it to be relet at their risk. The contractors had now no alterna- tive left but to prosecute the work under these disadvantages, or suffer it to go into other hands which they could not direct or control. They then offered an increased rate of wages ; but the mortality in- creased fearfully, and the Commissioner, loitJiout consultation ivlth the contractors, employed three physicians, who visited the men twice daily, advising them not to work early or late, and not liard at any time. The result was a mere nominal amount of labor performed by the men. The superintendent of the work thinks the men did not perform more than one-fourth part as much work in a day as they did before the cholera, and their wages were raised from 62| and 75 cents per day to from $1 to $1 37| per day. The engineer employed by the government, who superintended the work, states under oath that he passed along the work several times every day, and took particular notice of the small amount of labor performed by the men, and that iiuo men did not perform more work in a day than one did before the cholera. The contractors were consequently compelled to employ iivohundred men to perform the amount of work in a given time that one hundred would have performed in the same time had the cholera not visited Washington, or had the contractors been allowed to have suspended their work during its influence, and their wages were raised at least fifty per cent. In justice to the contractors and humanity to the laborers^ the work ought to have been suspended. The refusal to suffer it to be sus- pended, and the interference of the phys'cians employed by the gov- ernment with the men, would seem to render the loss a. just and an equitable claim against the government; and iiad not the contractors assigned away thuir claim, the committee consider that they would be justly and equitably entitled to full remuneration for the diminished quantity of work jjerformed by the men, and the increased price paid them to induce tliera to stay upon the work. The commissioner who had charge of the work says the contractors used a due degree of diligence in the propecution of the work, and he considers them entitled to receive the full amount of their expendi- tures, and a reasonable compensation for their services and the respon- sibilities they were under in doing the work. J, W. NYE. 3 But in the case of the present claimant, to whom Bargy and Stewart assigned their claims, it would seem to present still stronger claims on Congress for relief. Nye had done a large share of this work as sub- contractor, amounting to as much as the additional amount claimed by said contractors upon the government. The contractors offered to transfer these claims against the government to Nye. provided he would accept them, and release the contractors from all further lia- bility to him. Nye had them presented to a number of members of both houses of Congress for their examination and advice, who, after a careful exam- ination, informed him that they considerrd it a good and a valid claim, and that he would run no risk in accepting it and releasing thcra, and advised him to do so. In support of their advice, they referred him to a number of precedents, where Congress had granted relief, where the justice of the claims was not as clear as this. In conse- quence of this advice and these precedents pointed out to him by members of Congress, Nye took an assignment and released Bargy and Stewart from all further liability, thereby depriving himself of any security but the Justice, the honor, and the integrity of Congress. Had he not released them, he could long ere this obtained both principal and intered. Nye being at that time, from sickness, unable to pre- pare the necessary papers for presentation to Congress, put them in the hands of the late F. S. Key, (then district attorney,) for him to prepare and present to Congress in the name of Peter Bargy, jr., and Hugh Stewart, without informing Congress of their assignment, Bargy 's being presented first. The funds for this work were intrusted to Mr. Conger, Bargy's clerk, who made his entries on page 79 of Bargy's ledger, kept by Conger, showing the amount paid by him. Other bills were paid by Bargy himself, and entered by Conger on page 2 of same ledger. Conger left the city, and went to the west at the close of the work the first year, and did not return. The book was sent to him, that he might authenticate the accounts by oath, and show why certain judg- ments obtained against Bargy were not entered. His affidavit says : "These judgments were for that work done in 1832, but were not entered because not paid, and that he entered nothing that was not actually paid out." The books of the second year were kept and the disbursements made by Mr. Ford, clerk of Bargy ; and Ford says that a considerable amount of the expenditures of 1832 were not paid until 1833, and were not entered in Conger's books. Conger's was the only book sent to Mr. Key, and the amount entered on page 19, as expenses of said work, and the above-named judgments, were all that were brought to Mr. Key's notice. Mr. Key presented to the Senate a claim for $5,645, the amount of expenses entered by Conger on page 79, and these judg- ments, more than the amount received from the government for that work; which passed the Senate. But while this claim was before the Committee of Claims of the House, this error was discovered, viz: the omission to include the expenses paid by Bargy, and entered on page 2 of his ledger, and the money paid in 1833 for work done in 1832, and entered by Ford, the new clerk of Bargy ; and the chairman of 4 J. W. NYE.. the committee proposed to make an amendment to the Senate bill, but the claimant (as it was near the close of the session) preferred to take the amount, and apply to Congress at its next session for the balance, rather than lake the risk of losing the present bill. This bill passed the House March 9, 1839. At the next session the balance of this claim was presented to the House, and a report was made from the Committee of Claims in favor of its payment, but the House did not act upon it. {Since that time it has received the sanction of several standing committees and one select committee, and has passed the Senate. The claim of Stewart was presented in the Senate, received the sanction of the Committee on Claims, passed the Senate, sent to the House, and received the sanction of the committee of the House, but was not acted on by the House. At the next session a very able report ■was made in its favor by Mr. S. B. Leonard, chairman of the Com- mittee on Public Buildings and Grounds, in which he adopted a dif- ferent rule for the settlement of this claim from that adopted in Bar- gy's case, which was, to pay the whole expense of the work ; so that had the contract been taken too low, and a loss sustained, from that or any other cause, the government would have met the loss. The principle adopted by Mr. Leonard was to allow the claimant the loss sustained from the diminished quantity of work performed by the men, and the increased price of wages paid the men to induce them to stay during the influence of the cholera. This principle would seem a correct one, as it would place the contractors in the same con- dition they would have been placed in had they been allowed to post- pone their work during the influence of the cholera, but would allow them nothing for any loss sustained from any other cause. This principle has been adopted by a number of standing committees and one select committee. Mr. Leonard's bill was not acted on by the House. At the next Congress Mr. Ward, chairman of the above committee, made a report to the House, in which he sustained the principle adopted by Mr. Leonard, but did not go into an examination of the amount justly due on that principle, but reported a bill allowing him the same amount of extra compensation as had been allowed in the case of Bargy, which passed both houses, by which the claimant received |6,666 25. The balance of Stewart's loss, according to the principle established by Mr. Leonard, has, since the passage of Mr. Ward's bill, received the sanction of a number of standing committees and one select committee, and has passed the Senate. The amount of work done by Stewart during the influence of the cholera, at his con- tract price, was ,$10,924 60. The amount done by Bargy during the same time, at his contract price, was $1,871 40, amounting in all to $18,796, to which amount, according to the principle adopted by former committees, one hundred per cent ought to be added for the diminished amount of labor performed by the men, the contractors being compelled to employ two hundred to perform what one hundred would have done in the same length of time had the contractors been allowed to suspend their v/ork during the influence of the cholera ; and to this amount add fifty per cent, for the increased price paid the J W. NYE. 5 la"borers to induce them to stay on the work, and from this amount deduct the amounts paid the original contractors^ and their assignee or attorney, and should there remain a balance, thus found, still unpaid, that the proper accounting officers of the treasury pay the same to J. W. Nye, the assignee of said contractors, and in accord- ance with the foregoing principle the committee report a bill and earnestly recommend its passage. The amount due Nye from Bargy and Stewart for this work was as large as the amount claimed by tliem from the government ; so that, had he obtained it without any delay, he would have received no more than was justly due him for services rendered and moneys expended, of which the government has received the whole benefit. In justice to the claimant and his family, and in consideration of the great length of time most faithfully devoted by him to the prose- cution of this claim, and to relieve Congress from any further ijupor- iunity and expense, the committee recommend its immediate settle- ment. All of which is respectfully submitted. 36th Congress, ) HOUSE OF EEPRESENTATIVES. ( Report 1st Session. S I ^^' ^0^- J. W. NYE. [To accompany Bill H. R. No. 629] April 13, 1860. Mr. Carter, from the Committee for the District of Columbia, made the following REPORT. The committee beg have to submit the following report in regard to Nye's claim for improving a lot of public ground: That, by an act approved 5th of July, 1812, (Statutes at Large, first session, twelfth Congress, page 775,) the President of the United States was authorised to lease any of the public grounds in the city of Washington, for a term not exceeding ten years, on such terms and conditions as, in his judgment, would best eflfect their improve- ment for public purposes. By an act of Congress the Tiber creek was, in 1833, changed from its original bed, between the avenue and canal, to where it now flows, leaving the old bed of said creek an open, offensive channel. This lot of ground, in which was this channel, became the receptacle of the filth and rubbish of that part of the city, rendering it a public nuisance. This lot was bounded on the north by Pennsylvania avenue, east by the creek where it now flows, on the south by the canal, and on the west by Third street, now known as the botanical garden. In 1813 J. W. Nye proposed to the President of the United States that, if the President would give him a lease of said ground for tea years, he would fill the old bed of Tiber creek, make a sewer to con- vey the water from the avenue to the creek, set out a row of shade trees along the avenue and along Third street, on the borders of said lot, and put the ground in as high a state of cultivation as the other grounds around the Capitol, and would enclose the ground with a board fence, erect a carriage-house and stable near the canal and Missouri avenue, and put no other buildings of any description on said piece of ground. When the proposition was made to the Presi- dent he objected to giving a lease for ten years, on the ground that it was thought by many that Congress would direct the location of the b'mithsonian Institution on that lot. To obviate that objection, Nye consented to agree to relinquish said grounds should Congress see fit otherwise to dispose of them, and to remove his fence and stable from said ground whenever required by the government so to do. 2 J. W. NYE. without any claim on government for said improvement. When re^ monstrated with for making this offer, Nye said he would as willingly take it with this condition as without it, having no fear, should Con- gress desire to appropriate it to any other purpose after he had made the improvements, that any member of Congre8S,would consent that it should be taken irom him without making him sufficient compen- sation i'or his expenditures, and that tliey would as willingly do it as though it had been so expressed in the lease. Major JNoland, the Commissioner of Public Buildings, remonstrated with Nye for making this offer, telling him that jt would cost at least Jive thousand dollars to make said improvements. He obtained a lease from President Tyler, on the 29th day of April, 1843, on the aforesaid conditions. He planted the trees in November of the same year, agreeable to his contract. He was three years in making the improvements re- quired by the lease, having expended over tiverify-nine hundred dollars in making said improvements, besides putting three hundred dollars worth of manure on said ground, making an expenditure of about three thousand two hundred dollars, besides hia own services, in making said improvements — he having kept no account of work done by himself^ — most of the work, filling up, and hauling soil to spread on the ground, being done by his own teams and hands. The fourth year he raised a very large crop of corn and vegetables on said lot, the ground having been i)ut in a high state of cultivation. The fifth year he had it put in a high state of preparation for a crop, but the Commissioner ot Public Buildings (Mr. Charles Douglass) re- quested him to let the lot lie open long enough to enable him to have the creek near the avenue walled up ) and when the Commissioner got the walling done, it was too late to raise anything that year. In the ensuing lall or winter this walling was washed away, and Congress having made an appropriation for walling the creek from the avenue to the canal, the Commissioner requested Nye to let the lot lie open in order to more conveniently make said imi)rovements, promising Nye that he would get his lease extended as long as he was deprived of its use during both years, to which Nye consented. The Commissioner did not get the improvements made until winter ; Nye was consre- quently deprived of its use that year also. During that Congress an appropriation was introduced in the Senate for enclosing the public grounds on the north, south, and west front of the Capitol. Nye called on one of the senators to know if it was intended to include the lot leased to him, and was informed that it was not. After said a})proprialion was made, the Commissioner in- formed Nye tliat he was going to enclose the square between the Cap- itol and that occupied by Nye with a high paling-fence, and requested him to remove his hoard-Jence and let the Commissioner extend his paling-fence around both squares, at the same time assuring him that it was in noway to interfere with him in his occupancy of said lot until the exj)iration of his lease, to which Nye assented. After the Commissioner had enclosed said lot, he called on Nye to remove his carriage-house and give up the lot, which Nye refused to do, and sent a memorial to the Senate to ascertain if it was their intention to de- J. W. NYE. 3 prive liim of his lease without compensation. The memorial was re- ferred to the Committee on Public Buildings and Grounds, but not acted upon. This Commissioner being removed in a few days, and another appoin ed, Nye proceeded to sow the lot with oats; but a short time before the oats were sufficiently ripe for cutting, the new Commissioner demanded of Nye the key of the gate, which he refused to surrender until the expiration of his lease. The next day he found the lock broken from the gate and the oats mowed and raked up for fodder ; and from that time Nye was refused the occupancy of the lot. And the use of said lot ior one year only, after the improvements Nye made, is all the compensation he has ever received. Without the authority of Congress, the Commissioner had no right to bar his occupancy of the grounds undet the lease of the President of the United States. The lease was given in good faith, and with the intent that it should run its full term if Nye fulfilled the conditions ; and there is no evi- dence that he did not to the letter. At the commencement of the thirty-fourth Congress, the mayor, aldermen, members of the common council, and some one hundred and thirty very respectable citizens of Washington, feeling a deep interest in Nye and his suffering family, memorialized Congress, praying that "a liberal and generous settlement of his claims" might be made. This memorial, with the papers in the case, was referred to the Coni- niittee for the District of Columbia ; they, after having fully examined the claim, finding that Nye having stated under oath he had ex- pended in money $2,900 for improvements, and had used about $300 worth of manure on the said lot, in addition to his ov/n labor, reported a joint resolution in his favor for the sum of $3,200, which passed the House, was sent to the Senate, and referred to the Committee for the District of Columbia of that body; when the committee examined the case they found no testimony showing what was the actual cost or worth of the work that had been done. It therefore became necessary for Nye to furnish that evidence to the committee before they would agree to report in favor of the House resolution. Accordingly, Nye procured the services of W. W. Birth, esq., a highly respectable citi- zen of this city, (a sworn measurer,) to measure the work, also state- ments made by other respectable citizens accustomed to doing such work, sustaining Mr. Birth, some of them naming a much larger sum than Mr. Birth. This additional evidence having been submitted to the Senate committee, they rej)orted in favor of the resolution, which v/as passed, and the money paid. The statement made by Mr. Birth shows that the actual cost of the work done by Nye on said lot^ at a lair and reasonable price, amounts to thesura of $7,982 84 From which Nye makes the following deductions : By cash received from treasury |3,200 00 By cash from sale of materials 210 00 By use of square or lot one year , 1,140 40 — . .^ 4^550 40 3,432 44 4 J W. NYE. Leaving the above balance in Nye's favor, whicli he claims as being equitably and justly due him. The measurement of this work was not an after thought of Nye, and never thought of by him until suggested by the Senate committee, and what is now claimed is not for damages, but for services rendered and moneys expended, which the government has received; and had Nye not made those improvements. Congress would have been called upon to appropriate that amount of money, and perhaps more, for that purpose. The committee are therefore of the opinion that the said Nye should be paid the sum of , and report a bill herewith. All of which is respectfully submitted. 36th Congress, ) HOUSE OF REPRESENT A.T1VES. ( Report Is;; Sess{o7i. S ) No. 40T. J. W. NYE. [To accompany Bill H. R. No. 630.] April 13, 1860. Mr. Carter, from the Committee for the District of Columbia, made the following REPORT. The Committee for the District of Columbia ^ to iuhom loas referred the memorial of the Bev. Mr. Hildt, district attorney, mayor, aldermen, members of the common council, and one hundred and thirty-eight citi- zens of Washington, D. (7., praying an examination and settlement of three several claims of J. W. Nye against the government ; one of luhich ivas for furnishing horses and carryalls, and keeping them in readiness for the service of the House of Representatives for the 28^A Congress, submit the following report: That on the 5th day of January, 1844, the postmaster of the House of Representatives entered into a contract with J. W. Nye to furnish for the use of said House for the 28th Congress three horses and car- ryalls, and keep them in readiness for the service of the House. Said horses and carryalls were not to be driven by Nye, or by any one under his control, but by those in the service of the House and under the control of the postmaster. All that was required of Nye was to feed the horses and keep them for the service of the House whenever required. The postmaster likewise contracted with Nye to haul all the boxes and other articles wanted by or for the House for that Con- gress. After this contract had been duly signed by the respective parties, it was by the House referred to the Committee on Accounts for their examination, who unanimously approved the same as being in conformity to the law authorising the postmaster to contract with some person to furnish property for this service. Shortly after Nye had furnished this property, and they were performing the service, the postmaster requested Nye to give up the hauling to a colored man without any remuneration therefor. Mr. Nye refused to annul this part of the contract, believing it to be the best of it. On Nye's refusal, the postmaster told him that he should make nothing by the contract. Nye replied that he had it in writing, and would abide by it ; to which the postmaster replied, if Nye had it in loriling, that he, the post- master, could manage it so that Nye could make nothing by it. Soon after this the drivers, with the exception of Mr. Henry, commenced 2 J W. NYE. driving this property in the most abusive and destructive manner. They were in the habit of taking a number of young men into the carryall ; one take the lines and another the whip, and drive the horse at his utmost speed. Small boys, and those unacquainted with the management of horses, were allowed to drive them. One driver used frequently to come in after twelve o'clock at night so drunk that he would have to be taken out of the carryall and carried home. The horses and carryalls were frequently left standing out late at night without being fastened, and ran away and broke the carryall and har- ness to pieces, A respectable merchant of this city met one of these messengers driving one of Nye's horses and carryalls into Georgetown with two or three young men with him in the carryall, with the horse in a full run, covered with foam. Seeing him soon after, he told him he ought not to drive in that manner, that he would certainly Jki7Z the horse; to which he repiied, " that was no matter; that he could have a. fresh horse whenever he wanted ; and ia all probability it would be but a few days before they would have some other person to furnish the property." Nye frequently remonstrated with the postmaster, both verbally and in writing, of the destructive manner in which those under his control were using this property, to which not the least attention was paid by the postmaster, as sworn to by his assistant postmaster. The assistant postmaster also states, under oath, that the postmaster declared that he would take the contract from Nye if he could, and that Nye should have nothing to do about the Capitol, if he could prevent it, without giving any reason why. There does not appear, from any of the testimony, that Nye ever gave the least cause for this hostility to him. One of the postmaster's messengers, and one of his own witnesses, (Mr. Henry,) and his assistant postmaster both state, under oath, that they never heard Mr. Nye utter a disrespectful word to the postmaster or to any one about the Capitol. They also stated that Mr. Nye treated them with great kindness ; that he and his son gave them their services for one month, assisting them in their otfice and learning them their routes, and carrying their mails, the post- master and his assistants being entirely unacquainted with the busi- ness ; and for this month's service Mr. Nye or his son never received or asked any remuneration. The rapidity with which this property was destroyed is almost sur- passing belief. Three horses were injured so that they died soon after; others rendered entirely worthless, and eight others crippled so as to be unfit for service for months, and others hired in their places. Three sets of harness and one carryall were destroyed and the others very much injured. Had this property been driven in a proper man- ner, three horses would have been sufficient for the use of the carryalls for the whole Congress ; but in consequence of the destructive manner i'n which they were driven, in addition to the five he owned when he took the contract and seven he purchased, which were all used in that •work, he was compelled to hire large numbers by the day to perform the work. Mr. Henry, one of the messengers who drove one of these horses and carryalls, stated, under oath, before the Committee for the District of Columbia, (34th Congress,) that, had the horses been J. W. NYE. 6 properly driven, the work would not have hurt them in the least; that he had one that had been in constant service in that work eight years, and was then ia as good condition as when first put on the work. [Shortly after the commencement of the second session of that Con- gress, Nye received a letter from the postmaster, informing him that his property would be no longer used in the service of the House. Nye then sent a letter to the postmaster, and another to the chairman of the Committee on Accounts, that the property he had contracted to furnish for the use of the House was on hand, in good order, and ready at all times to perform said service, and that he should demand and expect pay for their services according to the terms of the contract. This work was then performed by property owned by John Lee, while Nye's property stood idle, unemployed, ready to perform the service of the House ; he neither using it himself, nor permitting any one else to use it, except in the service of the House. The postmaster's messengers were then allowed fifty cents per day each extra compen- sation, free from expense or any extra service, as long as they could prevent Nye's horses performing the service and have it done by Lee's, as sworn to by one of the messengers and one of the postmaster's oion witnesses ; and then these same messengers were brought forward by the postmaster to swear away Nye's contract. The Committee on Accounts were directed by the House to inquire into the refusal of the postmaster to allow Nye's property to perform the work. ^ On the committee's calling on the postmaster for the reason for this refusal he informed them that what caused the first difficulty between him and Nye was, that Nye purchased all his feed for his horses on a month's credit, promising to pay when the money was drawn for their work ; that when it was drawn Nye refused to pay ; they warranted him, and he set them at defiance ; which being denied by Nye, the committee sent for the man who furnished the feed, and he stated under oath that he furnished Nye all his feed after he got the contract, and that Nye paid him punctually and honorably, and that he never warranted him ; and yet, it is in evidence that after this charge was proven untrue the postmaster repeated it to others. This charge, and the insufficiency of the property, were all the postmaster made openly in his defence. The committee examined a large number of witnesses under oath in regard to the property fur- nished by Nye. It was proven to be as good as could be procured in the city, and the best ever employed in that service. One of them was considered worth more than all three furnished by Lee. After examining a large number of witnesses in regard to this property, the committee had it taken to the Capitol, and they went out and ex- amined it for themselves, and they decided that it was sufficiently good. They then examined two men who assisted in taking care of this property, and who took them to the Capitol for the examination of the committee, to ascertain whether it was the same property that was in the service of the House while Nye furnished the property ; and they stated under oath that it was the same that was in the ser- vice of the House the last day Nye's property were allowed to perform the service. During the 33d Congress this carryall contract was be- 4 J. W. NYE. fore the Committee of Claims of the House, and in order to do away the effect of the decision of the Committee on Accounts, that the property was sufficiantly good, the postmaster presented to that com- mittee a written statement, sworn to before a magistrate, stating that Nye imposed on the Committee on Accounts by presenting them dif- ferent and better horses than were in the service of the House while his property were doing that work. In addition to the testimony of the two men examined by the Committee on Accounts, Nye presented his own evidence under oath, and three other disinterested wit- nesses who were present when the committee examined the property, that there was not a horse there for the examioation of the committee that was not in the service of the House while Nye's horses were doing the work. The postmaster has presented no testimony what- ever in support of his affidavit. At tlie termination of this contract there was due to Nye, according to the terms of his contract for hauling and for furnishing horses and carryalls, $1,979 84, of which he has since received $525 ; and for 853 days of extra horses to sup- ply the place of those crippled by the wilful abuse of those in the service of the House, which, at his contract price, $1 70 per day, amounts to $1,450 10 ; and for horses killed or ruined, $775 ; three sets of harness destroyed, $25 each, $75 ; and for loss by destruction and injury of carryalls, $270. In consequence of the great destruction of this property, and to enable him to comply with his contract, and have horses, &c., ready at all times when required, Nye was compelled to contract debts to the amount of $771, for the payment of which, at the termination of his contract, he had property sacrificed under the hammer worth at least $2,150, making a loss to him of $1,379. Had Nye, at the termination of his contract, received the $1,979 84, justly his due from the House, he could have paid this $771, and would have had $1,208 84 left to help him in his business, without disposing of any of his property. Previous to and at the time Nye took this contract, he was doing a good business, keeping a livery stable and running hacks, and his family were living as well as any family in Washington city ; but by the failure of the House to pay him his just due, all his property, horses, carriages, furniture, and everything he possessed, were sacrificed under the hammer for debts contracted in doing this work for the House, his business entirely broken up and he and his large family, (nine in number,) in extreme and long-continued sickness, left entirely destitute of any means of support except what his son, in feeble health, could earn until he was struck down by consumption; and then all th3 support they had was what his oldest daughter, (18 years of age,) could earn in a printing office, until she was struck down by the same disease as her brother was, and then her younger sister took her place in the printing office, who has since been consigned to the silent grave ; and the whole family, in consequence of the destruction of his property by those in the service of the House^ and the failure of the House to comply with the terms of sa.id contract, have passed through scenes of suffering and distress which the heart sickens to contemplate. In addition to the amount due under the contract, Nye claims that he is justhj and J. W. NYE. 5 equitably entitled to receive from the government Avhat he can show what his business, which he was then doing, was worth per annum over and above his necessary expenditures in its performance, from the time his business was broken up by the non-performance of the contract on the part of the House until tiiey pay him the amount then justly due. But as he has presented no testimony in regard to the worth of that business, the committee have not taken that into con- sideration. It appears from the testimony that Mr. Nye faithfully complied with the terms of his contract, and the committee consider him justly and equitably entitled to receive the amount due for hauling boxes and furnishing horses and carryalls, and damage to property, amount- ing to $5,568 44, deducting the sum of |525 already received, and they accordingly report a bill for his reliefj and earnestly recommead its passage. All of which they submit. 36th Congkess, ) HOUSE OF KEPRESENTATIVES. ( Report 1st Session. S f No. 462. EEIMBURSE CORPORATION OF GEORGETOWN CERTAIN MONEYS. [To accompany Bill H. R. No. 679.] April 20, 1860. Mr. Carter, from tlie Committee for the District of Columbia, made the following REPORT. The Committee for the District of Columbia have had under conside- ration the bill " to reimburse the corporation of Georgetown, in the District of Columbia, a sum of money advanced towards the construc- tion of the Little Falls bridge," and beg to submit the following "report," prepared by Mr. Goode, during the thirty-fifth Congress, concurring in the same : In the month of March, 1853, the sum of thirty thousand dollars was appropriated by Congress for the construction of a bridge over the Potomac river, at a point known as the Little Falls, and the work was placed in process of construction, under the direction of George Thorn, captain in corps of topographical engineers. In the fall of 1853, when the work had been prosecuted near to completion, the appropriation was found to be exhausted — the sum of thirty thousand dollars having been expended — and it became neces- sary to suspend operations until other funds could be procured appli- cable to the object. It was supposed that several months must pass before an additional appropriation could be expected from Congress ; and the abandonment of the work, in an unfinished condition, at the approach of winter, must expose it to serious injury, whilst its suspension would involve a necessity for a sale of the stock on hand, by which the government would suffer a heavy loss. To avoid these evils, the officer in charge, on consultation with the Secretary of the Interior, applied to the cor- porate authorities of Georgetown to advance a sum of five thousand dollars, which would enable him to continue his operations, and carry forward the bridge to a condition in which it might be used for travel during the then following winter. This proposition was acceded to, and, by several acts of the corporation, the sum of five thousand eight hundred dollars was placed to the credit and subject to the order of 2 REIMBURSE CORPORATION GEORGETOWN CERATIN MONEYS. Captain Thorn, to be expended in the construction of the Little Falls bridge, his assurance being given, with the consent of the Secretary of the Interior, that the amount should be reimbursed to the corpora- tion of Georgetown when the further appropriation should be made by Congress. It also appears that some lien on the stock on hand was executed in fevor of the corporation of Georgetown, as a security for the reimbursement of the amount advanced ; but it is believed that nothing was realized by the corporation from this lien, the entire stock having been applied to the uses of government. In August, 1854, Congress appropriated a further sum of fifteen thousand dollars for completing the bridge; but a serious accident had befallen it, which created a necessity for the appropriation of a large sum, and the corporation of Georgetown postponed its claim for im- mediate payment, unwilling to delay the completion of the work ; accordingly, the sum of thirteen thousand eight hundred dollars, part of the appropriation of fifteen thousand dollars, was applied towards the completion of the bridge, leaving a balance of twelve hundred dollars, which was applied towards the payment of the sum of five thousand eight hundred dollars, leaving the sum of four thousand six hundred dollars due to the corporation of Georgetown ; for the pay- ment of which a bill is herewith reported. 36th Congress, ) HOUSE OF REPRESE.^TATIVES. ( Report 1st Session. \ ( No. 565. METROPOLITAN RAILROAD COMPANY. [To accompany liill H. R. No. 768.] May 24, 1860. Mr. Hughes, from a minority of the Committee on the District of Columbia, submitted the following xMINORITY REPORT. The Committee on the District of Columbia, to whom loas referred the memorial of the select committee of the directors of the Bletropolitan Railroad Company, beg leave to submit the following report: Your committee have carefully examined the said memorial and the evidence which has been laid before them, in support of the statements which it sets forth, and the result of their investigation shows : That on the 3d March, 1853, Congress passed a law entitled " An act to incorporate the Georgetown and Catoctin, or Metropolitan Rail- road Company." By this act it was provided, " That whenever the State of Maryland shall, by law, incorporate a company to lay out and construct a railroad from any point in connexion with the Balti- more and Ohio railroad, at or near the Point of Rocks to Georgetown, in the District of Columbia, the right of way, not exceeding sixty feet wide, be, and is hereby granted to such company," &c. This company was to exercise and possess powers and franchises within the District of Columbia, which should be granted by Maryland within that State. At the January session of 1853 the general assembly of Maryland did pass an act entitled " An act to incorporate the Metropolitan Rail- road Company," by which several gentlemen whose names are men- tioned, some of them citizens of the District, and others of Maryland, were appointed commissioners to receive subscriptions to the capital stock of the Metropolitan Railroad Company, which was thereby in- corporated, on the subscription of ten thousand shares of fifty dollars each, on which a payment was to be made at the time of subscription of five dollars per share. By the 10th section of this act the company was invested with the right to construct and repair a railroad from Georgetown, in the dis- trict of Columbia, through Montgomery county, crossing the Baltimore and Ohio railroad at a point not exceeding five miles from the Mono- cacy aqueduct, &c. This act was passed on the 5th May, 1853, and was consequently within the provisions of the act of Congress of the preceding March. 2 METROPOLITAN RAILROAD COMPANY. On the 6th March, 1856, an amendatory act was passed by the gen- eral assembly of Maryland, dispensing with the requirement contained in the original act of incorporation that the road should be constructed to Hagerstown before any dividends should be declared. By virtue of this conjoint action of Congress and the legislature o Maryland, the com})any thus incorporated became entitled to the right of constructing a railroad within the District of Columbia, from Georgetown, through certain parts of Maryland. The memorialists now solicit Congress to authorize this company to construct railway tracks through certain parts of the cities of Wash- ington and Georgetown. Your committee entertain no doubt of the legal power of Congress to grant the authority thus asked, and as little as to expediency of conferring it upon proper conditions, and with suitable restrictions and conditions. The power to make this grant has been so repeatedly exeicised by Congress in cases exactly analogous, that it is believed its validity cannot admit of a reasona- ble doubt, and it is certain that it has in repeated instances been done, not only with the distinct concurrence of the adjacent States of Vir- ginia and Maryland, but at their special instance and request. The question of expediency demands a more extended notice, and as there have arisen some serious misapprehension as to many facts connected with this branch of the case, your committee will, with as much brevity as is consistent with a fa'r exposition of the subject, submit the results to which they have been conducted by the most satisfactory evidence. In presenting the view of the grounds upon which they have formed their opinions, they will be able to correct some of the errors, as they conceive them to be, upon which objections have been founded to the grant which is now asked. It seems to be universally conceded that on every ground of public benefit and private convenience the establishment of railroads with commodious arrange- ments for the transportation of passengers, &c., is highly desirable. The various cities to the north, more especially Phiadelphia and New York, have fully recognized the advantages resulting from this system. The numerous railways constructed in those cities have demonstrated beyond all doubt to the satisfaction of their respective communities the vast benefits of which they are productive. In every aspect of the case the advantages resulting from its adop- tion in this District would be and must be far greater. In those older cities the streets are of much smaller dimensions than those in Wash- ington. Few, if any even, of the streets in the recently built parts of Baltimore, Philadelphia, New York or Boston, can be compared in their dimensions, or in their adaptation to the use of railroads with those of Washington. The Pennsylvania avenue and other streets through which it is contemplated to construct these roads are so ample in their dimensions as to allow of them without any hindrance to their employment in any other way. The great distances between the termini of these projected improve- ments would seem to require some facilities for intercourse between them far greater than is now enjoyed. To go from one extremity of Washington to the further end of Georgetown is almost an impracti- cable day's labor for any but a robust and active pedestrian. Even METROPOLITAN RAILROAD COMPANY. 3 with the facilities afforded by omnibuses it is no inconsiderable task. The introduction of railroads and passenger cars would largely con- duce to the comfort and convenience of the citizens of both places. This view of the case is so universally acknowledged and appre- ciated, that it is deemed unnecessary to dilate upon it further. Other considerations, of a far more enlarged character, have been presented to the consideration of the committee, to which they will now briefly advert. This part of the subject involves questions of the highest import. The value of the railroad system to be introduced into tlie cities of the District is influenced by peculiar circumstances growing out of their position, distinguishing this locality from all the cities to which reference has been made. Boston and New York, to a great degree, and Philadelphia and Bal- timore, to a considerable extent, are the natural termini of communi- cations with the interior country. When passengers reach them from any quarter, they are frequently at the end of their journey ; when produce arrives, it is either to be consumed on the spot or shipped abroad. The District of Columbia occupies a different position. It constitutes a common centre ; every communication does, or ought to, radiate from it. Travellers from the north to the south, from the east to the west, and contrariwise, may, or ought to, find channels of com- munication scantily afforded by any other position in this District. The capacity for this facility of communication to the north, the south, the east, and the west, was distinctly seen by Greneral Washington, and entered largely into the consideration which induced the selection of the District as the permanent seat of the federal government. Sim- ilar views were taken of the subject by Mr. Grallatin, who, while Sec- retary of the Treasury, in a very able report made to the Senate in 1808, explained them at large. It is in the two aspects of the case to which we have adverted that the committee has maturely considered the subject referred to them. They estimate very highly the advantages which would result to the private and public interests of the cities of Georgetown and Washing- ton from a judicious and properly arranged and conducted system of railroad communication through them. They appreciate still more highly the far more enlarged and national benefits which must accom- pany the union of these local advantages, if the same system can be so framed as to make this road the regular and convenient channel of communication between the different sections of this great empire — if the District of Columbia can be made the centre from which shall radiate to the north, south, east, and west, the great lines for trans- portation. The combination of these two important purposes would realize the hopes of W^ashington and the proposed views of Grallatin. The only remaining question which the committee has thought it necessary to examine is, whether the project of the memorialists in this case afford any reasonable promise of the accomplishment of these great results. We think that they certainly do. To enter into a particular examination of all the facts which have conducted us to our conclusions would be to extend this report to an 4 METROPOLITAN RAILROAD COMPANY. unreasonable length. The committee therefore refer with much pleas- ure and satisfiiction to the very able report made by the acting chief engineer of the Metropolitan Railroad Company, dated July 2, 1855, which they make part of this report, and the memorial of the commit- tee of the directors of the company referred to them. We are of opinion that these documents fully estaV.lish these points : 1. That the Metropolitan railroad is an essential part of the system of railroads centering at the seat of the general government, and the successiul completion and operation of the system depends upon the construction of this road. 2. The lull development of the advantages and true policy of the Baltimore and Ohio railroad demands its construction. 3. The local interests of Georgetown, Washington, and Alexandria are dependent upon it. 4. When completed, it will exercise an influence upon these cities equal to the most sanguine expectations. 5. It will undoubtedly be a remunerating road ; it can be completed without exceeding the estimates, and whatever may be the present delays and difficulties, the inducements for its construction are too great to doubt it will be built. These conclusions are distinctly proved by the report of the acting engineer already cited, and established by him with an argument founded upon premises which appear to us conclusive. The memorial which has been referred to the committee, with the evidence embodied in it and appended to it, also as clearly corrects some misapprehensions that have occurred in regard to the character and procetdings of the Metropolitan Railroad Company, and have satisfied the committee as to the propriety of those proceedings, as well as to the ability of the company to perform the contract which they ask Congress to make with them. Accompanying this report are the two documents already cited, and others, which the committee ask to have appended as part of it. They have reported the following bill, and ask that the same may be enacted into a law. [See report of William H. Grant, esq., acting chief engineer of the Metropolitan Railroad Company, marked No. 1 ; also, memorial of select committee, &c., No. 2, and the legal opinion of Joseph H. Bradley, No. 3.] No. 1. Beport of William H. Grant, Acting Chief Engineer of the Metropolitan Railroad Company. Engineer's Office, Metropolitan Railroad, Georgetoivn, D. C, July 2, 1855. To the Board of Directors of the 3Ietropolitan Railroad Company : GentlexMEN : The first annual report, made to you July 3, 1854, contained a statement of the operations of the engineer department, from the commencement of the preliminary surveys up to that date ; METROrOLITAN RAILROAD COMPANY. 5 showing the nature and extent of the service that had heen performed, the character and topographical features of a wide region of country, and the pains that had been taken to develop the route that would best conform to the somewhat difficult conditions and restrictions of the act of incorporation. Numerous trial lines were exhibited and compared, and subjected to the required tests, and a route was desig- nated which, fortunately, met the requirements of the act and accorded with the interests of the stockholders and the public. An approxi- mate estimate of the cost of the work accompanied the report. Since that date the final location of the road has been made upon the route designated, between Georgetown and Hagerstown, and the necessary maps, plans, and estimates, have been prepared for the work, in accordance with instructions, and I have now the honor to report the same co the board. Is/. The located line. The field duties were closed in October last, and the two parties that had been engaged were disbanded. The heads of the parties, Messrs. Burgess and Miller, retaining one assistant each, entered upon the office work of preparing their field notes and executing the maps, profiles, &c. This duty, together with the labor incident to the public letting of forty-three miles of the road, on the 15th of February, 1855, occupied them until the 30th of April last, when their services were suspended. The line was located with great care, and with all the details requisite for defining it with accuracy and preparing it for the actual operations of construction. The division lines and boundaries of property inter- sected by the road were traced and fixed upon the maps of location, each separate parcel of land occupied being defined, with the owner's name, and the area computed, the topography delineated, embracing streams, roads, hills, mountains, and valleys, cities and villages, and altogether forming a complete and skilfully executed record of the labors of the engineer corps, and of the entire details of the allinement of the road. The map accompanying this report is accurately reduced from the maps of location, which are contained in two large portfolios, and embraces a wider scope of country, exhibiting the principal experi- mental lines that have been traced, and a comprehensive view (in great part from actual survey) of the portions of country more immediately affected by the road. The District of Columbia^ with the county of Montgomery, and a large portion of the counties of Frederick and Washington, in Mary- land, and more fully mapped out than has been done heretofore. On the west is the Potomac river, the Chesapeake and Ohio canal, and the line of the Washington Aqueduct, extending from Washington city to the Great Falls of the Potomac, and on the east and north, and turning westwardly with a wide detour, is seen the Baltimore and Ohio railroad, extending from Washington to the Potomac river near the Point of Rocks, &c. Intermediate is the Metropolitan line, passing directly across the b METROPOLITAN RAILROAD COMPANY. country, intersecting the Baltimore and Ohio road east of the Point of Eocks, and extending on to the cities of Frederick and Hagerstown. This map, taken in connexion with that accompanying the Ibrmer re- port, will give a complete view of the local and more extended objects and advantages oi the Metropolitan road. The located line is so distinctly represented by the map that a more particular descri})tion of it is unnecessary. It follows very nearly the route described as the "■ middle" route in the former report, with a few exce})tions, (which were then alluded to,) where material improve- ments were found practicable on a closer examination. The grades and alinement were generally improved, and, on the whole, the work was rendered more favorable than was shown by the preliminary sur- veys. The route, from Georgetown to the Baltimore and Ohio road, is a superior one in all the essentials of grades and curves, and, as will be seen by the estimates, as compared with other roads of the country, it is much below the average in cost of construction. On a great portion of the distance its location is such as to render the cost of maintenance comparatively light, passing as it does over moderately undulating ground, where deep cuts and heavy embankments are not required, and so near the dividing lines of the drainage of the country as to be free from the wash of rains and streams that is so prolific a source of expense in repairs. In regard to the position of the route, as being " the most eligible and central through Montgomery county," the subject was so fully discussed (and I think correctly determined) in the former report that it cannot be necessary to recur to it again. I will mention here, however, that on a subsequent examination and comparison of the estimates for the " east line" and the "■ mid- dle (located) line," the excess of cost of construction of the former over the latter was found to be $216,817 instead of $163,027, as stated in the report, and that the excess, after being diminished by compen- sation of equated distance, &c., (by the process on page 20 of former report,) was $82,617 instead of $28,827, as there stated. As to the question whether this route occupies such ground as to free it from future injurious comi)etition by other interests seeking and occupying a better position — which is an all-important considera- tion in this enterprising age — I think it must be demonstrable to all who will examine the map and the face of the country that no fears need be entertained upon the subject. If this route should ever be super- seded, it will only be when the proprietors have failed to avail them- selves of the advantages that natur-e has conferred. It is clear to my mind, after thorough investigation, that the natural features of the country, as well as its great commercial and social interests, indicate, unmistakably, this route as one that cannot be supplanted, and one that ought long ago to have been occupied. Its advantages may be in some measure diminished by other improvements taking precedence of it, if such a thing should be permitted ; but as long as railroad transportation costs more on two miles than on one, or as long as the laws of gravitation remain in force, and it requires more steam, fuel, and power to drive an engine over heavy grades than comparatively METROPOLITAN RAILROAD COMPANY. 7 liglit ones, this route must retain its real superiority for all the pur- poses for which it is designed. From the Baltimore and Ohio road to Hagerstown the route located upon is the best, it is believed, that can be found that will comply with the terms of the charter.* It is unavoidably more expensive, and rather less favorable as to grades and curves, than the route from Georgetown to the Baltimore and Ohio road, the maximum grades upon the latter being 50 feet per mile, and 66 feet upon the former. During the progress of the experimental surveys, it was ascertained that a line crossing the Baltimore and Ohio road further west, and connecting with the located line on the Catoctin mountain, west of Frederick, would reduce the cost of construction about $200,000, and shorten the distance about 6f miles. But this was not admissible under the charter, and hence could not be made available. When it is considered that a saving of distance of 6f miles is equivalent, in expenses of operation and maintenance, to a capital of $405,000, (at $60,000 per mile,) and to this is added $200,000 saved in cost of con- struction, making a total of $605,000, the economy ol the more direct line becomes strikingly obvious. The compensation for this must be found in the advantages of the route passing by way of the city of Frederick. This part of the route, as located, may be considered, in view of all the circumstances, a fortunate one, crossing two ranges of mountains and the intervening valleys with maximum grades of 66 feet per mile, and with curves of a large radius. It will well accommodate the rich and highly cultivated and populous portions of Maryland through which it extends. 2d. 7 he Plans of the Work. These have been designed with reference to the greatest economy consistent with stability and safety. The principal mechanical struc- tures are those required in crossing the deep ravines and the channels of the larger streams. Where these occur, the formation is mostly rock, and but little earth is afforded by the contiguous excavations, within convenient distances, for forming embankments. The alterna- tive is therefore presented, of excavating rock for the embankments, or of substituting less expensive work in the form of bridging. The ravines are designed to be passed by trestle bridges, and the larger streams by truss bridges, or by truss and trestle bridges com- bined. On the line between Georgetown and the Baltimore and Ohio road, the principal trestle bridge is at Ten Mile creek ; it is 85 feet high at the highest place, and about 600 feet long. The principal stream crossed is the Monocacy river. The bed at the lowest place is 100 feet below the grade line of the road. A truss bridge of four spans, of 132 feet each, is designed for the water-way, connected with trestle work at the west shore of about 270 feet in ■^' Which makes the city of Fredericlc a point on the route. 8 METROPOLITAN RAILROAD COMPANY. length, and 50 in height. The masonry for the foundations is to be carried up to the highest water mark, about 30 feet, and the timber work is jdaced above. The design is, that the trestle work generally shall be replaced by embankments in the course of twelve to fifteen years, the materials for which can be obtained from earth excavations with far greater economy when the road is completed, than from rock excavations which are only available at the present time. The Monocacy bridge, by being suitably enclosed, will be rendered permanent, or if it should hereafter be re-built, the masonry, which is to be of the best descrip- tion, will be adapted to the erection of an iron superstructure, should that be preferred to wood. On the line between the Baltimore and Ohio railroad and Hagers- town, the principal structure will be at the crossing of the Catoctin creek, in the Middletown valley. It is designed to be trestle work ; the greatest height is 150 feet, and the entire length,, gradually di- minishing in height to the ends, about 1,200 feet. A bridge of one span of 100 feet is required to pass the Antietam creek between Funkstown and Hagerstown. The culverts and smaller bridges are to be of a permanent and sub- stantial character. The plans of the bridges have been thoroughly tested in practice, and. ibund to combine the qualities of great strength, durability and economy. The general design and details of the various structures can oiJ}' be fully understood by reference to the drawings, and a more particular description is therefore omitted. The earth work, in excavations for single track, is to have a width at the grade line of 20 feet, with side slopes, varying from 2 to 1 to I to 1, according to the kind of material, whether earth or rock. Em- bankments to be not less than 14 feet wide for single track, when finished to the grade line, with slopes of 2 to l,or li to 1. The tunnels to be not less than 17 feet high at the crown, and 16 feet wide. There are three tunnels pro})Osed ; one between Georgetown and the Baltimore and Ohio railroad, of 800 feet, and two between the Balti- more and Ohio railroad and Hagerstown, through the crests of the Catoctin and South mountains, of 1,825 feet and 2,200 feet respectively. Provision is made for artificial supports for the roofs, though it is not certain such supports will be required. 3d. The Estimates. The estimate submitted in the former report was necessarily a hasty one, based upon j^reliminary surveys, and could not be regarded as more than an approximate statement of the cost of the work. This was all I aimed at, but, as then stated, " the aim was to err on the side of excess rather than the reverse." The revised estimate has since been made, independently of the former, and upon the final lo- cation of tlie road, with the aid of careful measurements and compu- tations, perfected plans, and a carefully studied regard to all the details and contingencies of construction. The result of this estimate, as com- METROPOLITAN RAILROAD COMPANY. pared with the former, fully confirms the general correctness of that estimate. It is rather within the amount of the original, but not so much so as to induce me to vary from it. Therefore, the aggregate amounts of the estimate of 1854, as regards the two divisions of theroad,from George- town to the Baltimore and Ohio road, and from the Baltimore and Ohio road to Hagerstoiun, are submitted luiih great confidence, as being full and teliable under any probable contingencies. They are as follows, with the accurate distances of the located line : Distances in miles. Maximum grades in feet, per mile. Estimated cost. Georgetown to the Baltimore and Ohio Railroad 41.24 34.91 50 66 $1,850,000 1,865,000 Baltimore and Oliio Railroad to Hagerstown.... .... .... Totals 76.15 $3,715,000 This estimate includes grading, masonry and bridging, superstructure, right of ivay, station buildings and equipments, and general expenses. It provides for an equipment of 10 locomotives and a corresponding number of passenger and freight cars. On the first division, from Georgetown to the Baltimore and Ohio railroad, the equipment would be sufficient for two through passenger trips, and one freight trip per day. The details of the estimate are not repeated here, as they can be referred to in the former report ; some of the items would be modified by the correction of the distances, but not materially. It will be seen that the distance on the first division has been shortened about half a mile, and on the whole line, about one mile, since the former report. Pursuant to public notice, proposals were received on the loth day of February last, for the grading, ma8 Laws District of Columlua, p. 59. f Laws District of Columbia, p. 64. I Laws United States, vol. ii, p. 113. SLAVERY IN THE DISTRICT OF COLUMBIA. 6 ■portions of the District ceded by each, still continue to be in almost every particular the local laws of the District of Columbia. Such are the relations at present existing between the federal gov- ernment and the District, so far as local legislation is concerned. The powers of Congress, as the local legislature of the District, were de- rived from the cessions by Virginia and Maryland, and the special grant of exclusive legislation, and not from the general powers con- ferred upon it by the Constitution; and these special and local powers, which Congress has now possessed for nearly half a century, have been exercised only to the extent above described, and, from the best in- formation your committee have been able to obtain, to no other or greater extent. The right of Congress to accept the cession of this territory from the States of Virginia and Maryland is found in the eighth section of the first article of the Constitution of the United States, which gives it power "to exercise exclusive legislation in all cases whatsoever over such District, not exceeding ten miles square, as may by cession of particular States, and the acceptance of Congress, become the seat of government of the United States;" and the purpose for which the cession was to be made and received is declared, in the language of the Constitution itself, " such District as may become the seat of gov- ernment of the United States." The session, therefore, was to be made for this purpose and for no other; and, as regards its use by the federal govermuent, the object of this provision evidently was simply to authorize Congress to accept the grant and to exercise the powers of legislation therein provided for. It will be conceded by the committee, for the purpose of this re- port, that the cession was made in conformity with the power of Congress to receive, and that, therefore, by the cession from Vir- ginia and Maryland, Congress is in possession of the powers which the Constitution intended it should possess over the district intended to be ceded. This brings us to the inquiry as to the probable objects of the grant of "exclusive legislation in all cases whatsoever" over the territory which was to constitute the seat of government of the United States. In consulting the commentators upon the Constitution, it Avill be found that the old Congress encountered inconveniences and even dangers from holding their sessions where State legislatures had exclusive local jurisdiction, and where State authorities alone were to be depended on in matters of police and personal protection. In- deed, an adjournment of that Congress from the State of Pennsyl- vania to New Jersey for a cause of this description, which occurred at the close of the revolutionary war, no doubt contributed greatly to the introduction of this clause into the Constitution of the Union. The proceedings of the old Congress show distinctly that the acquire- ment of a territory for the seat of the federal legislature, over which it should have exclusive or special jurisdiction, was a favorite idea with that body as early as the year 1783, and that it continued up to the time of the formation of the Constitution. Upon this point your committee will only detain the House with a few of the resolutions 4 SLAVERY IN THE DISTRICT OF COLUMBIA. adopted by the old Congress that go to establish it. On the 7th of October, 1783, a resolution Avas passed "that buildings for the use of Congress be erected on or near the banks of the Delaware,* pro- vided a suitable district can be procured on or near the banks of the said river for a federal town, and that the right of soil, and exclusive, or such other jurisdiction as Congress may direct, shall be vested in the United States." On the 21st of the same ntonth (October, 1783,) another resolution was passed, preceded by a preamble as follows: " Whereas there is reason to expect that the providing buildings for the alternate residence of Congress in two places will be productive of the most salutary effects, by securing the mutual confidence and affections of the States, Resolved, That buildings be provided for the use of Congress at or near the lower falls of the Potomac, t or George- town, provided a suitable district on the banks of the river can be procured for a federal town, and the right of soil, and an exclusive jurisdiction, or such other as Congress may direct, shall be vested in the United States." On the 20th of December, 1784, the old Congress passed, among others, the following resolutions: '■''Resolved, That it is expedient that Congress proceed to take measures for procuring suitable buildings to be erected for their accommodation. ^'Besolved, That it is inexpedient for Congress at this time to erect public buildings for their accommodation at more than one place." These resolutions by the continental Congress, as to the expediency and necessity for a territory for the seat of the federal government^ over which it should have peculiar if not exclusive jurisdiction, are produced to show the origin of the provision in the Constitution upon that subject, and the object for which the acquisition of such a terri- tory was desired. That object, beyond all question, was to secure a seat for the federal government, where the power of self-protection should be ample and complete, and where it might be exercised with- out collision or conflict with the legislative powers of any of the States, so far as its exercise should be required for the great national purposes for which the peculiar or exclusive jurisdiction was sought to be obtained. The jurisdiction was made exclusive, not as your committee believe, and as they think every considerate citizen will admit, to change the object of the grant of the jurisdiction when it should be made, but to secure that object more effectually by making the federal government independent of State interference and of State protection Avithin the district where it was to be located, and where its deliberations should be held. Had the legislative power of Con- gress over this District not been made exclusive, one of the great and wise objects intended to be secured, the prevention of conflict between federal and State legislation, would have been necessarily defeated. Every statesman Avill admit the extreme inconvenience and danger of granting powers of legislation of the same character, and to be exer- cised within the same territory, (powers of local and municipal legis- lation,) to two distinct and independent legislative bodies; and the o Journals of the Old Congress, vol. iv, p. 288. f Journals of the Old Congres.s, p. 299. SLAVERY IN THE DISTRICT OF COLUMBIA. O extreme difficulty, if not impossibility, of so defining the portions of power to be exercised by each, as to prevent constant conflict and collision. This must have been the result if any division of the powers of local legislation within the District of Columbia had been made between Congress and the States, by which the territory was ceded to the United States. Congress required all that power which, through all time, would be indispensably necessary for its own protection, and also to render all the departments of the federal gov- ernment independent of State authority, and entirely dependent on, .and obedient to, the federal legislature, and it alone, in all matters of police or municipal legislation. The adoption of the federal Consti- tution by the people of the several States with this provision in it, shows that the attainment of these objects was considered of para- mount importance; and hence, in the judgment of your committee, the power in question was made exclusive. Assuming the correctness of these premises, the next inquiry is, what expectations were the States by which the District was ceded, as w^ell as their sister States, authorized to entertain as to the exercise •by Congress of the legislative powers derived from these cessions? The cessions included not only a portion of the territory of those States, but also a portion of their citizens. To secure the great national objects intended b}^ the cession, the jurisdiction of the States over those citizens, as well as over the territory of the district, was transferred to the federal legislature. This transfer, from the neces- sity of the case, abridged the rights of the citizens within the terri- tory, who had been formerly entitled to vote for their legislators and other rulers, by subjecting them to a government composed of per- sons in whose election they were to have no choice. Their govern- ance, however, was confided to those intrusted with the common government of all the States; and when we reflect upon the confidence reposed in Congress by the States that made the transfer, and by the citizens transferred, it accounts at once for the readiness with which the cession was affected. Still, the question recurs, what expecta- tions might reasonably be entertained by the States making the ces- sion, by the other States of the confederacy, so far as their interests were directly or indirectly involved, and by the citizens thus placed under the peculiar care of Congress, as to its exercise of the powers ■conferred upon it by this cession of territories for a seat of the federal government? Your committee have no hesitation to say, in answer to this inquiry, that those expectations, by all the parties interested, not only might, but must have been, that Congress would exercise the powers con- ferred, so far as their exercise should be found necessary for the great national objects of the cession, with strict reference to the accom- plishment of those objects; and that all other powers conferred by the ■cession would be exercised with an equally strict reference to the interests and welfare of the inhabitants of the District — those citizens of two free States who had been made dependent on Congress for their local legislation, for the protection of life, liberty, and property — rights guaranteed by the Constitution to all the citizens of the con- federacy — in order that a seat for the federal o'overnment, subject to b SLAVERY IN THE DISTRICT OF COLUMBIA. the exclusive control of Congress, might be granted to it. If these- positions are correct, it follows necessarily that the institutions, the customs, the rights, the property, and every other incident pertaining to those citizens, and municipal in its character, which they enjoyed as citizens of the States to which they belonged before the cession of the District^ and which did not then and have not yet interfered with the great national rights and privileges intended to be secured by the cession, should have been hitherto, and should be in all time to come, guarded and preserved with the same paternal care and kind- ness Avith which the legislatures of the States to which they belonged ■would have guarded and protected them if they had continued to-be intrusted to their respective jurisdictions. Your committee rely confidently upon this as the great rule for the foithful action of Congress in reference to this subject. They feel assured that no rational man will differ with them. Two questions, then, remain to be considered, to determine whether Congress should or should not attempt to interfere with slavery in the District of Co- lumbia, viz : 1st. Do the great national objects which were intended to be secured to the federal government by the cession of the territory require such action on the part of Congress? Your committee will make no argument upon so plain a proposi- tion. No individual within their knowledge, not even the most de- luded fanatic, has ever asked, or attempted to justify, a measure of this description upon such a pretext. The security and independ- ence of Congress, from the moment of its removal to this District to the present hour, have been as perfect as the framers of the Con- stitution could have desired. No intimation has ever been heard that the existence of slavery in the District of Columbia has ever produced the slightest danger or inconvenience either to the inter- ests or to the officers of the federal government within it. Surely, then, Congress cannot be called upon to interfere with that institu- tion within the District as one of its duties growing out of the na- tional objects connected with the cession ; and if such interference is demanded from it, the demand must grow out of its relations to the- District as a local legislature. This brings the committee to the re- maining question. 2d. Would the States of Maryland and Virginia, if tiie cession of this territory to the federal government had not been made, from anything which has been shown to Congress, be induced to interfere with or abolish the institution of domestic slavery within it? At the time of the cession from those States slavery existed in every portion of their territory, in the same degree and subject to- the same laws and regulations by which it was authorized and regu- lated in the territory ceded to the federal government. It still exists in those States, Avithout any material variation or modification of their laAvs respecting it. As those States, then, have not abolished it within the territories remaining under their jurisdiction, is it reasonable to- suppose that they would have abolished it in the territory comprising the District, had they continued to retain their original jurisdiction^ SLAVERY IN THE DISTRICT OF COLUMBIA. 7 over it? Can any reason whatever be given for the abolition of slavery in this particular District which does not apply with equal force to every other slaveholding section of the country ? Can any cause be shown why the States of Maryland and Virginia would have abolished, or would now abolish, slavery in this District, had it con- tinued to form a part of those States, respectively, which would not have warranted or produced general abolition throughout those States ? Most unquestionably not. As those States, then, have not abolished slavery in the residue of their territory, it is evident that they would not have abolished it in the District of Columbia, if it had continued subject to their action. It follows conclusively, there- fore, that Congress, as the local legislature of the District, and acting independently of the national considerations connected with its powers over it, is bound, for the preservation of the public faith and the rights of all the parties interested, to act upon the same reasons and to exercise the same paternal regard which would have governed the States by which the District was ceded to the federal govern- ment. And it is unnecessary to add that Congress has acted wisely in treating the institutions found in existence at the time of the cession as the institutions of the people of the District; in continuing their laws and customs, as the laws and customs to which they had been used, and which should never be altered or interfered with, except where the people themselves may be desirous of a change. Your committee must go further, and express their full conviction that any interference by Congress with the private interests or rights of the citizens of this District, without their consent, would be a breach of the faith reposed in the federal government by the States that made the cession, and as violent an infraction of private rights as it would have been if those States themselves, supposing their jurisdiction had remained unimpaired over their territory, had abol- ished slavery within those portions of their respective limits, and had continued its existence, upon its present basis, in every other portion of them. And surely there is no citizen, in any quarter of the coun- try, who has the smallest regard for our laws and institutions, State and national, or for equal justice, and an equality of rights and privi- leges among citizens entitled to it, who would attempt to justify such an outrage on the part of those States. The question then is, Are the citizens of the District desirous of a change themselves ? Has any request or movement been made by them that would justify an interference Avith their private rights on the part of Congress ? None whatever. The citizens of the District not only have not solicited any action on the part of Congress, but it is well known that they earnestly deprecate such action, and regard with abhorrence the efforts that are made by others, who have no interest whatever in the District, to effect it. It is impossible, therefore, that any such interference on the part of Congress could be justified, or even pal- liated, on the ground that it was sought or desired by those who are alone interested in the subject. If, therefore. Congress were to interfere witli this description ot" property against the consent of the people of the District, your committee feel bound to say that it would 8 SLAVERY IN THE DISTRICT OF COLUMBIA. be as gross a breach of public faith, and as outrageous an infraction of private rights, as it would have been if such interference had been committed by the States of Avhich the District was formerly a .part, supposing that it never had been ceded to the United States. Your committee will here anticipate an objection which may be urged against this reasoning and these conclusions. They have shown that the powers of Congress over this District divide themselves into two classes, national and local; that in reference to the former, the action of Congress should be governed by the interests of the whole country, so far as they are connected with the branches of the federal govern- ment located within the District; that in reference to the latter, its poAvers are, and its action should be, those of a local and municipal legislature, extending its paternal care and protection over the citizens dependent upon, and subjected to, this branch of its authority; that in the exercise of its powers, the safest stand in reference to slavery is, what Avould the States to which the District originally belonged, and of which its citizens Avere originally citizens, have done in case their jurisdiction had never been transferred to Congress; and that those States Avould certainly not have interfered with the institution of slavery in the District had the power to do so remained with them. The objection anticipated is that the States in question have pursued an unwise policy as to themselves, and that their having done so should not have bound Congress, as the local legislature of the Dis- trict, to a similar policy in relation to its government. To this, how- ever, your committee consider it perfectly conclusive to reply, that under our institutions, that people is the best governed which is governed most in accordance with its own habits, interests, and wishes; that the policy hitherto pursued by Congress, in reference to slavery within the District, your committee have every reason to believe has been in perfect conformity Avith the wishes and interests of the citizens concerned; and that it Avill be time enough for Con- gress, acting as the local legislature of the District, and in that capa- city bound to consult the governed, as the regulators of its action, to move in any matter relating to their private interests and rights when they themselves shall ask such movement. There is another consideration connected Avith this part of the argument which your committee think Avorthy of attention. It is this : that there is no law in the District prohibiting the master from manumitting his slaves, Avhich he may do at his own discretion, and without incurring any responsibility Avhatever. Certain it is that no such laAv has been passed by Congress. The citizens of the district, therefore, have no necessity for the aid of Congress, should they Avish the abolition of slavery among them. They have only to exer- cise an existing right, and their Avish Avill bo accomplished. Can there be more decisive evidence, then, that they do not Avish the abolition of slavery than that it continues to exist among them ? Or can any one desire more conclusive proof that any attempt by Con- gress to elfect this object by the force of laAv Avould be an inter- ference Avitli the rights of priA^ate property, against the Avishes and consent of those concerned, and for none of the purposes ibr Avhich SLAVERY IN THE DISTRICT OF COLUMBIA. 9 Congress is authorized by the Constitution to take private property for public use ? Hence, your committee believe they have proved, beyond the power of contradiction, that an interference by Congress with slavery in the District of Columbia would be a violation of the public faith — of the faith reposed in Congress by the States which ceded the territory to the federal government, so far as the rights and interests of those citizens residing within the ceded territory are concerned. Your committee will now consider this proposition in reference to the interests of the States of Maryland and Virginia. They were slaveholding States at the time they made their cession, and they are so still. They entirely surround this District, from which they are only separated upon all sides by imaginary lines. They made the cession for the great national objects which have been already pointed out, and they made it from motives of patriotism alone, and without any compensation from the federal government for the surrender of jurisdiction over commanding positions in both States. The surrender was made for purposes deemed sufficiently important, by all the original States, to be provided for in the Constitution of the United States; and it was made in conformity with that provision of the Constitution. It is surely unnecessary, after this statement of facts, to undertake to show that those patriotic States made this cession for purposes of good to the Union, and consequently to themselves, and not for pur- poses of evil to themselves, and consequently to the Union; and that the government of the United States accepted the cession for the same good, and not for evil purposes. If, then, it can be demonstrated that the abolition of slavery in the District of Columbia would produce evil, and not good, to the States that made the cession, the conclusion is inevitable that such an act on the part of Congress would be a violation of the faith reposed in it by those States. To all to whom this is not perfectly palpable without an argument, the following considerations are presented: It has been already said that the States of Maryland and Virginia surround the District. It has also been shown that, in reference to slavery within the District, the relations of Congress are entirely those of a local legislature, and that its action therefore, in this capa- city, should be governed by the same reasons which would have governed those States themselves in relation to this subject, if their jurisdiction over this territory had never been surrendered. Let us suppose, then, that this jurisdiction had never been surrendered by Maryland and Virginia, and that it was now proposed that they should abolish slavery, and relinquish all power of legislation over free blacks within the portions of those States which constitute the Dis- trict of Columbia, retaining their respective institutions of slavery in all the remaining portions of their territory. Who is there that would not be amazed at the folly- of such an act ? Who does not see that such a step would necessarily produce discontent and insurrec- tions in the remaining portions of those States ? Who does not per- ceive that under such circumstances the District would constitute at once a neutral ground, upon which hosts of free blacks, fugitive 10 SLAVERY IN THE DISTRICT OP COLUMBIA. slaves, and incendiaries would be assembled in the work of general abolitionism; and that from such a magazine of evil every conceivable mischief would bo spread througli the surrounding country, with almost the rapidity of the movements of the atmosphere ? Surely no one can doubt the certainty of the consequential evils in the case supposed. How, then, can any doubt or deny the dangers in the case before us ? The territory is the same; it is surrounded by the same portions of slaveholding States; and the only difference is that in the case supposed, the abolition Avould be the work of State authorities, Avhile, in the other, it is sought to accomplish it by the authority of Congress. The condition of things before and after it is done is the same in both cases, and the opportunities for mischief, in case the work be accomplished, are equal in both. Can it be necessary to say more to establish the position, that any interference with slavery in the District of Columbia, on the part of Congress, would be a viola- tion of the puplic faith, the faith reposed in Congress by those States, and without which they never could have been induced to have made that cession. It only remains under this head to show that Congress could not inter- fere with slavery in the District of Columbia, without a violation of the public faith, in reference to the slaveholding States generally, as well as to the States of Virginia and Maryland. The provision in the Constitution authorizing Congress to accept the cession of a ter- ritory for a seat of the federal government, and to exercise exclusive jurisdiction over it, was as general and universal as any other provision in that instrument. In its national objects all the States were equally interested, and so far as there was any danger that the powers of local legislation conferred on Congress might interfere with or injuriously affect the institutions of the various States, each State possessed an interest proportioned to the probable danger to itself. As far as your committee know or believe, however, no ap- prehension of an interference on the subject of domestic slavery was entertained in any quarter, or expressed by any statesman of the day. An examination of the commentaries on the Constitution will show that various apprehensions were entertained, as to the powers conferred on Congress by this clause, such as that privileged classes of society might be created within the District ; that a standing army, dangerous to the liberties of the country, might be organized and sustained within it, and the like ; but not a suggestion can be found, that, under the local powers to be conferred, any attempt would be made to interfere with the private rights of the citizens who miglit be embraced within the District, or to disturb or change, directly, or by consequence, the municipal institutions of the States, or that the subject of domestic slavery as it existed in the States could be in any way involved in the proposed cession. At that time all the States held slaves. Many of them have since, by their own independent action, without influence or interference from the federal government^ or from their sister States, effected in their own time and way the work of emancipation ; others of the original States remain as they were at the time of the adoption of the SLAVERY IN THE DISTRICT OF COLUMBIA. 11 Constitution in reference to this description of property, and several new members have been admitted into the Union as shiveholding States. All the States which have held or now hokl slave property have invariably considered the institution as one exclusively subject to State authority, and not to be aflfected. directly or indirectly, by federal interference. The practice of the government, as well as its theory, has established this doctrine, and the action of the States in retaining- or abolishing the institution at pleasure has conformed entirely to this principle. Now the subject of federal inteference has become one of some agitation, and Congress is solicited to adopt measures in relation to the District of Columbia which have been shown to be most dangerous and destructive to the security and in- terests of the two slaveholding States by which it was ceded to the federal government. Your committee will not trouble the House to prove that any measure of the federal legislature which Avould have this tendency in those two States, would, from the very necessity of the case, and the unity of the interest wdierever it exists, have the same tendency, measurably, in all the other slaveholding members of the Union. This position is too plain for argument. If, then, all the States were equally interested in the national objects for which this territory was ceded as the seat of the federal govern- ment: if that cession was designed by the framers of the Constitu- tion to inure to the benefit of the whole confederacy, and was made in furtherance of that design; and if Congress, contrary to the ob- vious intent and spirit of the cession, shall do an act not required by the national objects contemplated by it, but directly repugnant to the interests and wishes of the citizens of the ceded territory, and cal- culated to disturb the peace and endanger the interests of the slave- holding members of the Union, such an act must be in violation of the public faith — of the faith reposed in Congress by the States that made the cession, and which would be deeply injured by such an ex- ercise of power under it, and also of the faith reposed in that body by all the States, inasmuch as no independent State in the Union can be injured in its peace or its rightful interests by the action of the federal government, without a corresponding injury to every member of the confederated States. Your committee have already shown that an interference with slavery in the District of Columbia would involve a violation of the public faith as regards the rights and interests of the citizens thereof. They recur to this topic, however, on account of its importance, and for the purpose putting it in another light, and, as they consider, upon unanswerable ground. They are aware that under the *Consti- tution, Congress possesses " exclusive legislation" over the aforesaid District, but the power of legislation was given to be exercised for beneficial purposes only, and cannot, therefore, be exercised consist- ently with public faith for any object that is at war with the great principles upon which the goverment itself is founded. The Consti- tution, to be properly understood, must be taken as a whole. Wherever •-Article 1, section 8. 12 SLAVERY IN THE DISTRICT OF COLUMBIA a particular power is granted, the extent to Avhieh it may be carried can only be inferred from other provisions by which it may be regu- lated or restrained. The Constitution, while it confers upon Congress exclusive legislation luithin this District, does not and could not con- fer unlimited or despotic authority over it. It could confer no power contrary to the fudamental principles of the Constitution itself, and the essential and unalienable rights of American citizens. The right to legislate, therefore, (to make the Constitution consistent with itself,) is evidently qualified by the provision that "no man shall be deprived of life, liberty, or property, without due process of law,"* and various others of a similar character. We lay it down as a rule that no government can do anything directly repugnant to the prin- ciples of natural justice and of the social compact. It would be to- tally subversive of all the purposes for which government is insti- tuted. Vattel says: "The great end of civil society is whatever constitutes happiness with the peaceful possession of property." No republican would tolerate that a man should be punished by a special statute for an act not legally punishable at the time of its commission. No republican could approve any system of legislation by which private contracts, lawfully made, should be declared null and void, or by which the property of an individual, lawfully ac- quired, should be arbitrarily wrested from him by the high hand of power. But these great principles are not left for their support to the natural feelings of the human heart, or to the mere general spirit of republican government. They are expressly incorporated in the Constitution, and they have also been recognized and insisted on by the Supreme Court of the United States, which lays down the following- sound and incontrovertible doctrine : "There are acts which the federal or State legislatures cannot do without exceeding their au- thority. There are certain vital principles in our free republican government which will determine and overrule an apparent and flagrant abuse of legislative power ; as to authorize manifest in- justice by positive law, or to take away that security for per- sonal liberty or private property for the protection whereof the government was established. An act of the legislature contrary to the great first princijjles of the social compact cannot he considered a rightfid exercise of legislative aidhority. The obligation of a law in governments established on express compact, and on republican prin- ciples, must be determined by the nature of the power on which it is founded. A few instances will suffice to explain: A law that pun- ished a citizen for an innocent action, or that was in violation of an existing law ; a law that destroys or impairs the obligation of the lawful private contracts of citizens ; a law that makes a man a judge in his own case ; or a law that takes property from A, and gives it to B. It is against all reason and justice for a people to intrust a leg- islature with such powers, and therefore it cannot be presumed that they have done it. The legislature may enjoin or permit, forbid or punish ; they may declare new crimes, and establish rules of conduct '^Amendments to the Constitution, article 5. SLAVERY IN THE DISTRICT OF COLUMBIA. 13 for future cases; but they cannot change innocence into guilt, or punish innocence as a crime, or violate the rights of an antecedent lawful private contract, or the right of private property. To maintain that our federal or State legislatures possess such powers, even if they had not been expressly restrained, loould be a political heresy, altogether inadmissible in our free republican governments ^"^ Now, every prin- ciple here afiirmed by the court applies to and protects the people of this District, as well as the people of the States. The inhabitants of this District are a part of the people of the United States. Every right and interest secured by the Constitution to the people of the States is equally secured to the people of the District. Congress can therefore do no act affecting property or person, in relation to this District, which it is prohibited to do in relation to the citizens of the States, -without a direct violation of the public faith. For instance, it is a Avell-settled constitutional principle, that "private property shall not be taken for public use, without just compensa- tion." Now, the true meaning of this provision obviously is, that private property shall be taken only for public use, but shall not be taken, even then, without adequate remuneration. It is evident, however, in reference to slavery, either that the government would use the slaves, or that it would not. If it would use them, then they would not be emancipated; and it would be an idle mockery to talk of the freedom of those who Avould only cease to be private to be- come public slaves. If it would not use them, then how could it be said that they w^ere taken for the public use, consistently with the provision just recited ? But even if they could be taken without reference to public use, they could not be taken without just compensation. It is exceedingly questionable, however, whether Congress could legally apply the public revenue to such an object, even with the consent of the owners of the slaves. As to emancipa- tion without their consent, and without just compensation, your com- mittee will not stop to consider it. It could not bear examination. Honor, humanity, policy, all forbid it. It is manifest, then, from all the considerations herein stated, (and there are others equally forcible that might be urged,) that Congress could not abolish slavery in the District of Columbia, without a violation of the public faith. Your committee will only add one or two reflections upon this interesting point. What is the meaning of the declaration adopted by the House in relation to the District of Columbia? Is it not that Congress cannot and will not do an act which it has solemnly proclaimed to involve a violation of the public faith? Does it not aftbrd every security to the south Avhich it is in the power of the federal government to aftbrd ? Is it not tantamount, in its binding obligation upon the government, to a positive declaration, that the abolition of slavery in the District of Columbia would be unconstitutional ? Nay, is it not even more e^^ca- cioris in point of fact ? Constitutional provisions are matters of con- struction. The opinion of one house upon an abstract controverted * Dallas's Report, volume 3, page 388. 14 SLAVERY IN THE DISTRICT OF COLUMBIA. point may be overrule(i and reversed by another. But when Con- gress has solemnly declared that a jjarticidar act looidd he a violation of the public faith ^ is it to be supposed that it would ever violate a pled,i!;e thus given to the country? Can an abolitionist expect it? Need any citizen of a slave State fear it? What is i)ublic faith but the honor of the government? Why are treaties regarded as sacred and inviolable? Why but because they involve the pledge, and de- pend upon the sanctity, of the national faith ? Why are all compacts or promises made by government held to be irrevocably binding? Why but because they cannot break them without committing ])erfidy, and destroying all confidence in their justice and integrity? Surely, then, 3'our committee may say Avith the utmost confidence, (and the sentiment will be ratified by every American heart,) that the decla- ration now promulged in relation to this subject, will not be departed from b}' any succeeding legislature, except under circumstances (should any such ever arise in the progress of our country) in which a departure from it would not be regarded by the slaveholding States themselves, as a wanton or arbitrary infraction of the public faith ! Your committee are further instructed to report that, in the opinion of this House, Congress ought not to interfere in any way with slavery in the District of Columbia — 2dly. Because it would be unwise and impolitic. It will be palpable to the minds of all that if the committee have succeeded in establishing, as they think they have, that any such in- terference on the part of Congress would be a violation of the public faith, it would be a work of supererogation to attempt to show that such an act would be unwise and impolitic. As there may be some, however, who may not agree with them in their arguments or conclu- sions upon that point, they feel bound, under the instruction of the House, to offer a few suggestions under this head. The federal government was the creation of the States of the con- federacy, and the great objects of its creation and organization "were to form a more perfect union, establish justice, insure domestic tran- quillity, and provide for the common defence and general welfare.'' Apply these principles, then, to an interference by Congress with slavery in the District of Columbia. Such action, to be politic, must be in accordance with some one of those great objects; and it will be the duty of the committee, in as concise a manner as possible, to show that it would not be in accordance with either of them. First, then, as to the District itself. It has already been shown that any interference, unsolicited by the inhabitants of the District, cannot "establish justice,'" or promote the cause of justice within it, but directly the reverse. No greater degree of slavery exists here now than did exist when the Constitu- tion was adopted, and then the inhabitants of the District were citi- zens of the States of Maryland and Virginia, and had a voice in the adoption of that instrument. Surely their subsequent transfer to the jurisdiction of Congress, made in conformity with that Constitution, could not deprive them of the protection to which they were entitled by these great leading principles of it. On the contrary, they had SLAVERY IN THE DISTRICT OF COLUMBIA. 15 ever}' right to expect that Congress would "establish justice," as to them, in strict compliance with the great charter under which it acted, and by which it is forbidden to interfere with their rights of private property without their consent, or in any way to affect inju- riously their domestic institutions. Of those institutions slavery was and is the most important, and any attempt on the part of Con- gress, acting as the local legislature of the District, to abolish it, would not only be impolitic, but an act of gross injustice and oppres- sion. Secondly, as to the States of the Union. Here, again, your com- mittee have but to refer to their former remarks to show that the abolition of slavery in the District would not "establish justice," but work great injustice to the surrounding States in particular, and to all the slave States in general, and in a degree proportioned to their proximity to the District and to the influence upon the institution of slavery in the Union, of such action on the part of Congress. They liave also shown that the abolition of slavery here, so far from tending ,to "insure domestic tranquillity," would have a direct tendency to produce domestic discord and violence and servile war in all the slavehoiding States. As these consequences, then, would follow such action in reference to the States, your committee need not say, that, instead of providing for "the common defence hy it," Congress would be called upon "to provide for the common defence" m consequence of it, and to an extent which cannot now be foreseen. Seeing, then, that the American confederacy was formed for the great objects of provid ing for "the common defence and general welfare," it follows, neces- ssarily, that Congress is not only restrained from the commission of any act by which these objects may be frustrated, but that it is bound to sustain and promote them. The same provision of the Constitution which requires it to call out the miliiia to "suppress insurrections," unquestionably imposes the corresponding obligation upon it to com- mit no act by which an insurrectionary spirit may be excited. The ■ same provision which enjoins it on the federal government, to " guarantee to each State a republican form of government, and to aid .and protect each State against domestic violence," evidently implies ,the correlative obligation to take no step of which the direct and inevitable tendency would be to overthrow the State governments, and to involve them in wide-spread scenes of misery and desolation. Jn one word, if it be the duty of Congress, as it most clearly is, to support and preserve the Constitution and the Union, then it is mani- fest that it is bound to avoid the adoption of any legislation which may lead to their destruction. Your committee consider these positions too obvious to require argument or illustration. They consider it equally manifest, that any attempt to abolish slavery in the District, would necessarily tend to the deplorable consequences to which they have adverted. Congress, therefore, is bound, by every principle of duty Avhich forbids it to interfere with slavery in any of the States, .to abstain from any similar interference in the District of Columbia. We have said that the scheme of general emancipation is imprac- 16 SLAVERY IN THE DISTRICT OF COLUMBIA. ticablc. The slightest reflection must satisfy every candid mind of the truth of this assertion. Admitting that the federal government had a right to act upon this matter, which it clearly has not, it certainly never could achieve such an operation without full compensation to the owners. And what would probably be the amount required ? The aggregate value of all that species of property is not less, probably, than four hundred mil- lions of dollars ! And hoAV could such an amount be raised ? Will the people of this country ever consent to the imposition of oppres- sive taxes, that the proceeds maybe applied to the purchase of slaves ? The idea is preposterous ; and not only that, but it is susceptible of demonstration, that even if an annual appropriation of ten millions were actually applied to the purchase and transportation of slaves, the whole number would not be sensibly diminished at the expiration of half a century, from the natural growth and multiplication of the race. Burden the treasury as we might, it w^ould still be an endless expense and an interminable work. And this view of the subject surely is sufficient of itself to prove that of all the schemes ever projected by fanaticism, the idea of universal emancipation is the most visionary and impracticable. But even if the scheme were practicable, wdiat would be gained by effecting it? Suppose that Congress could emancipate all the slaves in the Union, is such a result desirable ? This question is addressed to the sober sense of the people of America. Would it be politic or advan- tageous? Would it contribute to the wealth, or grandeur, or happiness of our country ? On the contrary, would it not produce consequences directly the reverse ? Are not the slaves unfit for freedom ; notori- ously ignorant, servile, and depraved ? and would any rational man have them instantaneously transformed into freemen, with all the rights and privileges of American citizens? Are they capable of understanding correctly the nature of our government, or exercising judiciously a single political right or privilege? Nay! Avould they even be capable of earning their own livelihood, or rearing their families independently by their own ingenuity and industry ? What, then, Avould follow from their liberation but the most deplorable state of society Avith which any civilized country was ever cursed ? How would vice and immorality and licentiousness overrun the land? How many jails and penitentiaries that now seldom hold a prisoner would be crowded to suffocation ? How many fertile fields that now yield regular and abundant harvests would lie unoccupied and desolate? How w^ould the foreign commerce of the south decline and disappear? How many thousands of seamen, of whom southern agriculture is the very life, would be driven for support to foreign countries ? And how large a portion of the federal revenue derived from foreign commodities exchanged for southern products would be lost forever to this government? And, in addition to all this, what would be the ct)ndition of southern society were all tlie slaves eman- cipated ? Would the whites consent that the blacks should be placed upon a full footing of equality with them? Unquestionably not. Either the one class or the other would be forced to emigrate, and^ SLAVERY IN THE DISTRICT OF COLUMBIA. 17 in either case, the whole region of the south would be a scene of poverty and ruin ; or, what is still more probable, the blacks would everywhere be driven before the whites, as the Indians have been, until they were exterminated from the earth. And surely it is un- necessary to remark that decay and desolation could not break down the south without producing a corresponding depression upon the wealth and enterprise of the northern States. And here let us ask, too, what would be the condition of the non-slaveholding States themselves, as regards the blacks ? Are they prepared to receive myriads of negroes, and place them upon an equality with the free white laborers and mechanics, who constitute their pride and strength? Will the new States consent that their territory shall be occupied by negroes instead of the enterprising, intelligent, and patriotic white population which is daily seeking their borders from other portions of the Union ? Shall the yeomanry of those States be surrounded by thousands of such beings, and the white laborer forced into com- petition and association with them ? Are they to enjoy the same civil and political privileges as the free white citizens of the north and west, and to be admitted into the social circle as their friends and companions? Nothing less than all this will constitute perfect free- dom, and the principles now maintained by those who advocate emancipation would, if carried out, necessarily produce this state of things! Yet, who believes that it would be tolerated for a moment? Already have laws been passed in several of the non-slaveholding States to exclude free blacks from a settlement within their limits, and a prospect of general and immediate abolition would compel them, in self-defence, to resort to a system of measures much more rigorous and effective than any which have yet been adopted. Driven from the south, then, the blacks would find no place of refuge in the north ; and, as before remarked, utter extermination would be the probable, if not the inevitable, fate of the whole race. Where is the citizen, then, that can desire such results ? Where the American who can contemplate them without emotion? Where the abolitionist that will ■not pause, in view of the direful consequences of his scheme, both to the whites and the blacks, to the north and the south, and to the- whole Union at large? Your committee deem it their duty to say that, in their opinion^ the people of the south have been very unjustly censured in reference- to slavery. It is not their purpose, however, to defend them. Their character, as men and citizens, needs no vindication from us. Wher- ever it is known it speaks for itself, nor would any wantonly traduce it, but those assassins of reputation, who are also willing to be the destroyers of life. Exaggerated pictures have been drawn of the hardships of the slave, and every eftbrt made to malign the south, and to enlist against it both the religious and political feeling of the north. Your committee cannot too strongly express their unanimous and unqualified disapprobation of all such movements. The Consti- tution under which we live was framed by our common ancestors to preserve the liberty and independence achieved by their united efforts in the council and the field. In all our contests with foreign H. Rep. Com. 58 2 18 SLAVERY IN THE DISTRICT OF COLUMBIA. enemies, the south has exhibited an unwavering attachment to the common cause. Where is the spot of which Americans are prouder than the phiins of Yorktown? Or, when was Britain more humbled, or America more honored, than by the victory of New Orleans? All our history, from the revolution down, attest the high and uniform and devoted patriotism of the south. Her domestic institutions are her own. They Avere brought into the Union with her, and secured by the compact which makes us one people; and he who would sow dissensions among members of the same great political family, by assailing the institutions, and impugning the character of the citizens of the south, should be regarded as an enemy to the peace and pros- perity of our common country. If there is a feature by which the present age may be said to be characterized, it is that sickly sentimentality which, disregarding the pressing claims and wants of its own immediate neighborhood, or to\vn, or State, wastes and dissipates itself in visionary, and often veiy mischievous, enterprises, for the imaginary benefit of remote communities. True philanthropy, rightly understood and properly applied, is one of the purest and most ennobling principles of our nature; but, misdirected or perverted, it degenerates into that fell spirit of fanaticism which disregards all ties, and tramples on all obstacles, however sacred or venerable, in the relentless prosecution of its horrid purposes. Experience proves, however, that, when in- dividuals in one place, mistaking the true character of benevolence, rashly undertake, at the imminent hazard of conflict and convulsion, to remedy what they are pleased to consider evils and distresses in another, it is naturally regarded by those who are thus injured, either as a species of madness which may be repelled or resisted, as any other madness may, or as manifesting a feeling of hostility on the one side, which must necessarily produce corresponding alienation on the other. It is all important, therefore, that the spirit of abolition, or, in other words, of illegal and officious interference with the domestic institutions of the south, should be arrested and put down: and men of intelligence and influence at the north should endeavor to produce that sound and rational state of public opinion Avhich is equally due to the south and to the preservation of the Union. And this brings your committee to the last position they have been instructed to sustain, and that is, that, in the opinion of this House, Congress ought not to interfere in any way with slavery in the Dis- trict of Columbia. 3dly. Because it would be dangerous to the Union. The first great object enumerated in the Constitution, as an induce- ment to its adoption, was to "form a more perfect union." At that time all the States held slaves to a greater or less extent, and slavery in the States was fully recognized and provided for, in many particu- lars, in that instrument itself. It was recogzized, however, and all the provisions upon the subject so regarded it, as a State and not a national institution. At that time, too, as has been before remarked, the District of Columbia constituted an integral part of two of the in- dependent States which became parties to the confederacy and to the SLAVERY IN THE DISTRICT OF COLUMBIA. 19 Constitution itself. Since that time an entire emancipation of slaves has taken place in several of the old States; but in all cases this has been the work of the States themselves, without any interfence what- ever by the federal government. New States have also been admitted into the Union, with an interdiction in their constitutions against in- voluntary servitude. In this way the slave States have become a minority in representation in the federal legislature. Their interests, however, as States, in the institution of domestic slavery, as it exists within their limits, have not diminished, nor has their right to perfect security under the Constitution, in reference to this description of property, been in any way or to any degree surrendered or impaired since the adoption of that instrument by themselves and their sister States. The operation of causes, to a great extent natural, and proceeding from climate, soil, and consequent production, has rendered slavery a local and sectional institution, and has thus added another to the most alarming apprehensions of patriots for the perpetuity of this Union — the apprehension of local and geographical interests and dis- tinctions. How immensely important is it, then, that Congress should do no act, and assume no jurisdiction, in reference to this great interest, by which it shall ever appear to place itself in the attitude of a local, instead of a national tribunal — a partial agent, providing for peculiar and sectional objects and feelings, instead of a general and paternal legislature, equally and impartially promoting the gen- eral welfare of all the States. No one can fail to see that any other course on the part of Congress must weaken the confidence of the injured. States in the federal authority, and, to the same extent, prove "dangerous to the Union." Since the adoption of the federal Constitution the District of Co- lumbia has been ceded to the United States as a seat of the federal government; but not only many eminent statesmen of the country, but all of the slaveholding States, speaking through their legislative assemblies, firmly believe and insist that the cession so made has con- ferred upon Congress no constitutional power to abolish slavery within the ceded territory. Your committee have abstained from an examination of this question, because they were not instructed to discuss it. But they have no hesitation to say that, in the view they have taken of the whole question, the obligations of Congress not to act on this subject are as fully binding and insuperable as a positive constitutional interdict, or an open acknowledgmentof want of power. Considering the subject in this light, your committee have already proved that any interference by Congress with the subject of slavery would be evidently calculated to injure the interests and disturb the peace of the slaveholding States; and if they have succeeded in estab- lishing this position, no argument is necessary to show that such con- sequences, springing from the action of Congress as the local legisla- ture of the District, would eminently endanger the existence of this Union. It has also been shown that Congress, as the legislature of the Union, can have no constitutional power over this subject, and that its powers as a local legislature of the District .were granted for ■20 SLAVERY IN THE DISTRICT OF COLUMBIA the mere purpose of rendering its general powers perfect and free from conflict and collision with State authorities. It has also been shown that these local powers should be so exercised as to confer the greatest benefits upon the citizens residing within the District, with the least possible injury to the peculiar interests of any State, or the general interests of all the States. Your committee have also shown, as they think successfully, that the abolition of slavery in the District of Columbia would be a deep injury to the citizens of the District, and therefore a violation of the trust reposed in Congress as the local legislature of the District, and also that it would inflict an incurable injury upon all the slaveholding States, and would therefore be an equal violation of the trust reposed in that body as the legislature of the Union. If, then, they have established these positions, as they think they have, can any one doubt that the action contemplated would be "dangerous to the Union," being directly calculated, as it ■would be, to weaken the confidence of the District in Congress as a safe and faithful local legislature, and the confidence of the slave- holding States as an impartial guardian of their interests ? Important as the Union is to each State, and to the whole American people, everyone will admit that, as far as possible, strict impartiality and kind feelings to all the interests and all the sections of the country should characterize the action of the federal government. The Union was formed for the common and equal benefit of all the States, and for the perfect and equal protection of the rights and interests of all the citizens of all the States. Its only strength is in the confidence of the States, and of the people, that these great benefits will continue to be secured to them, and that these great purposes will be accom- plished by its preservation. Any action, therefore, on the part of Congress which shall weaken or destroy that confidence in any por- tion of our citizens, or in any State of the Union, must inevitably, to that extent, endanger the Union itself! Who can doubt this reason- ing ? Who does not know that the agitation of any question connected with domestic slavery, as it exists in this country, among any portion of our citizens, creates apprehension and excitement in the slaveholding States? Who does not know that the agitation of any such question in either branch of Congress shakes their confidence in the security of their most important interests, and, consequently, in the continuance to them of those great benefits, to secure which they became parties to the Union ? Who, then, does not believe that any action by Congress, having for its object the abolition of slavery in any portion of the Union, however narrow or limited it may be, Avbuld necessarily impair the confidence of the slaveholding States in their security in relation to this description of property, put an end to all their hope of benefits to be derived to them from the further continuance of the Union, and alienate their aflections from it? Were Congress, in a single instance, to sufter itself to be impelled by mere feeling in one por- tion of the Union, to attempt a gratification of that feeling at the sacri- fice of the dearest interest and most sacred rights of another portion, who can doubt that the Union would be seriously endangered, if not dstroyed? But this conclusion does not depend upon reasoning alone. SLAVERY IN THE DISTRICT OF COLUMBIA. 21 The evidences of public sentiment on this point are equally abundant and decisive. Your committee having already extended their report beyond the limits to which they could have wished to confine it, will enter into no details upon this portion of their duty. Suffice it to say that the legislatures of several, if not of all, the slaveholding States, have solemnly resolved that " Congress has no constitutional authority to abolish slavery in the District of Columbia." It would be utterly impossible, therefore, that any such attempt should be made by Congress without producing an excitement and involving con- sequences which no patriot can contemplate without the most painful emotions. It would be regarded by the slaveholding States as an en- tering wedge to a scheme of general emancipation, and, therefore, tend to produce the same results, in relation to the federal govern- ment and the Union, that would be produced by the adoption of any measure directly affecting the domestic institutions of the States themselves. Your committee will not dwell upon the picture that is thus presented to their minds. The reflection it excites is one of unmingled bitterness and horror. It is one, they trust, which is never to be realized. Looking upon their beloved country, as it now stands, the envy and admiration of the world; contemplating, as they do, that unrivalled Constitution, by which a beauteous family of con- federated States, each independent in its own separate sphere, re- volve around a federal head with all the harmony and regularity of the planetary system; and knowing, as they do, that under the benefi- cent influence of our free institutions, the people of this country en- joy a degree of liberty, prosperity, and happiness, not only unpos- sessed, but scarcely imagined, by any other upon earth; they cannot and will not advert to the horrors, or depict the consequences of that most awful day, when the sun of American freedom shall go down in blood, and nothing remain of this glorious republic but the bleeding, scattered, and dishonored fragments. It would indeed be the extinc- tion of the world's last hope, and the jubilee of tyranny over all the earth ! But your committee feel that, with these painful impressions on their minds, they would but imperfectly discharge their duty if they did not make an earnest appeal to the patriotism of the American people to sustain the resolution adopted by the House. And they would also appeal to the good sense and good feelings of that portion of the abolitionists who, acting under a mistaken sense of moral and religious duty, have embarked in this crusade against the south, sol- emnly invoking them, in the name of our common country, to abstain from a system of agitation which has not only failed, and will always fail, to attain its objects, but has even brought the Union itself into a state of imminent and fearful peril. It is confidently believed that this appeal will not be made in vain, and that hereafter all who truly love their country will manifest their patriotism by avoiding this un- happy cause of discord and disunion, and that they will make no fur- ther exertions upon a subject from the continued agitation of which nothing but augmented evils can result. 22 SLAVERY IN THE DISTRICT OF COLUMBIA. In conclusion, the undersigned recommend the adoption of the fol- lowing resolutions as a substitute for the bill reported by the majority of the Committee for the District of Columbia : JResolved, That the Constitution confers no power on Congress to establish or abolish slavery in the States, Territories, or the District of Columbia. Besolved, That the deeds of cession of Virginia and Maryland neither contemplated nor intended to confer such a power on Con- gress. Resolved, That to alter, change, or abolish the rights of property in the District of Columbia, without the consent of the owners, would be unjust, and in violation of the spirit if not the letter of the Con- stitution. Besolved. That, even with such consent, to interfere with the sub- ject of slavery, not only without but against the consent of the people of Maryland, would be in flagrant violation of the public faith, an abuse of the trust conferred on Congress by the cession, and hazard- ous to the peace and security of that State, and particularly unfortu- nate at this time, as calculated to discourage many loyal citizens and strengthen the power of the rebellion. CHAS. B. CALVERT. JOHN B. STEELE. 3Si;i Co.\(jiii;s.s } HOUSE OF ilEPUESENTATlVES. | Report ist Session. i i No. 41. PENITENTIARY IN THE DISTRICT OF COLUMBIA. [To accompany bill H. R. No. 169.] April 2, 1864.— Ordered to be printed. Mr. J. R. Morris, from the Committee for the District of Columbia, made the following REPOET. Mr. Morris, of Ohio, from the Committee for the District of Columhia, to whom was referred House hill No. 169, " authorizing the construction of a peni- tentiary, jail, and house of correction in and for the District of Columbia,^^ submitted the following report : The committee have had this bill under careful consideration, and have come to the conclusion that the buildings therein provided for are imperatively de- manded by the necessities of the government and the District. Without enter- ing into a lengthy discussion of the subject, it is simply proposed to refer to extracts from the reports and letters of those who are much more familiar Avith the question than the committee could hope to become. The Secretary of the Interior, in his annual report of the 5th of December last, says : " The want of a penitentiary has been particularly felt in the administration of justice in this District during the past year. The whole number of convicts now under sentence from this District is 179; of this ni;mber 143 have been convicted and sent to the penitentiary at Albany, New York, since the appro- priation of the penitentiary of the United States for the District of Columbia by the War Department. The average cost of transporting convicts from this District to the penitentiary at Albany is about fifty dollars, and that of main- taining them there one dollar and twenty-five cents per week, or sixty-five dol- lars per annum. It is confidently believed that with a penitentiary possessing the appliances necessary for the judicious application of the labor of the con- victs, they could be much more economically maintained in this District, and the moral advantages secured to the community of having institutions of this char- acter located in their midst. " The government now OAvns a tract of land, containing two hundred and eighty-one acres, upon which the receiving reservoir of the Washington aque- duct is situated, which embraces several suitable sites for a penitentiary, and a house for the detention and reform of jitvenile offenders. These lands are now lying vacant. There are excellent quarries immediately contiguous thereto, from which substantial buildings could be erected. They could be located in close proximity to the canal, whence fuel could be obtained at the cheapest rates. 2 PENITENTIARY IN THE DISTRICT OF COLUMBIA. Sewerage could be easily constructetl, and all the necessaiy water power for propelling: the requisite macliinery for the successful and profitable employment of the labor of the convicts could be ])rocured from the surplus Avater of the reservoir at a veiy small cost. I think it would be good economy to provide for the erection of penitentiary buildings upon these lands, and that it would be well for Congress at its approaching session to make the necessary provision for the commencement of the Avork. In a very short time many of the convicts could be provided with secure and comfortable quarters upon the premises, and employed in quarrying stone, and other labor pertaining to the construction of such works." In addition to this testimony of the Secretary of the Interior, the committee beg leave to refer to the following letter from the judges of the supreme court for the District of Columbia : " To the honorable the committee of the House of Representatives of the United States for the District of Columbia : "Thi' undersigned beg leave respectfully to state, that since the 16th day of January, 1863, some one hundred and seventy-two prisoners have been sent to the Albany county penitentiary by order of th(! court of this District, under the arrangement made between the Secretary of the Interior and the warden of the Albany county penitentiary, at an aggregate expense to the government of about $8,000. That the said expense of keeping said criminals from said 16tli day of January, 1863, to the 16tli day of the present month, March 16, 1864, will be about $8,000, making an aggregate of $16,000, or about $1,153 per month. "It is confidently believed that a well managed penitentiary in the District would be a self-sustaining institution, and would for several years to come be a saving to the government of at least $12,000 per annum. '•The undersigned therefore res])ectfully, but earnestly, suggest that the committee recommend to Congress the passage of a bill providing for the estab- lishment of a penitentiary in the District of Columbia at the earliest practicable period. " Verv respectfully, "D. K. CARTTER, "GEORCIE P. FISHER, "ANDRKW WYLIE, "A. B. OLIN. " P. S. — The government is also obliged to pay to each prisoner the sum of ten dollars, on his discharge, which, added to the foregoing sum of $16,000, would .swell the aggregate cost on 172 prisoners to the sum of $17,720." At the date of the committee's last information upon this subject, there had been sent to Albany one hundred and seventy-three convicts. The cost of their transportation, at $50 each, is $8,650 ; amount paid each prisoner on his dis- charge, $10, is $1,730 ; cost of boarding at Albany, $65 per year for each prisoner, $11,245. Thus we have an aggregate expenditure of $21,625 annu- ally for transporting and maintaining one hundred and seventy-three prisoners at Albany — a sum equal to the interest, at 6 per cent., on $350,000. In the opinion of the committee, a penitentiary in this District, properly and judiciously managed, ought to be very nearly self-sustaining, as are many State penitentiaries throughout tlu^ United States. It certainly is not veiy creditable to the country that, at the capital of this great nation, there is no building in Avhich to confine those who offend against the laws of the land ; no house of correction for the reclamation of juvenile offenders, and a jail little better than " the black-hole of Calcutta." The au- thorities are compelled to " go into the market," as it were, with their convicts PENITENTIARY IN THE DISTRICT OF COLUMBIA. 6 and make the best bargain they can with those who have no interest in the moral welfare and reformation of the prisoners, as they wonld have among whom they would be again thrown at the expiration of their terms of service. On the contrary, the object, under the present system, can only be to get the most labor possible out of the prisoners, and to keep them at the least possible exj)ense. Upon this subject the Board of Metropolitan Police, in their last an- nual report to the Secretary of the Interior, well say : "There can be no question that a very great moral advantage is derived to a community from having its institutions of punishment within its oiim borders, and the board can safely say that there not only is not another community in this country Avhose penitentiary is in a foreign and distant jurisdiction, but that there is no community which would not consider it a very great hardship if any circumstances should compel the removal of convicts outside its borders for pun- ishment, and which would not at once take steps to remedy the disadvantage. Albany is over three hundred miles from the District of Columbia, and for all good that might arise to this District from the presence of such an institution, the penitentiary might as well be in some European country. The board, with all deference, think there is no need for a continuance of such a state of affairs." Upon the subject of the county jail the committee have very little to say. It has been so often complained of by grand juries, by Secretaries of the Interior and by committees of Congress, that it Avonld be useless to add anything further. Perhaps in no city of equal size in the United States are there so many juvenile offenders as in the city of Washington — at least, such are the repre- sentations made to the committee. For this class there is no house of correc- tion — no place to which they may be sent where their future moral and Sdcial welfare will be properly cared for. On the contrary, from the severity and imperfections of the criminal code of the District, these children, if convicted of crime, must be either sent to Albany or to the county jail, to mingle with old offenders, or again turned loose upon society. This ought not to be. In the report before referred to the board of Metropolitan Police say : " There has been great necessity in this District for a house for the correction (f juvenile delin(juents for many years past, but of late years that need has in- creased enormously. The army has following it an immense number of boys, altrarted must of them by the species of fascination that the life of a soldiei- has for such young minds. These boys, from one cause and another, find their way after a very brief experience of the hardships of camp life, or perhaps by reason of some severe order from headquarters, into our city, and are soon denizens of our streets. In a very little while they become petty criminals, requiring the attention of the police, and the question becomes a very important one, what is to be done with them 1 There are no houses of correction for such delinquents in this community, and to imprison them in our jails only graduates them in crime, and in a little while makes complete scoundrels of boys who, underproper treatment, might have been reformed." That there is an absolute necessity for these buildings the committee believe no one can question. But the objection urged is, that at this time, when the expenses of the government are so very large, it is unwise and doubtful economy to expend money for such a pui-pose"; In answer, the committee have only to say that they believe an expenditure of $2-50,000 Avill erect all the buildings necessary for the present wants of the District, and for years to come. Who will weigh that expenditure against the ])resent, and, perhaps, eternal M'ell-being of scores of boys now in the District without a home? It is less than one- twelfth of one day's expenditure of the government — less than one four thou- sandth part of one year's expenditure. While the committee believe that these buildings ought to be constructed on a plan commensurate with the style and proportions of the other public buildings, worthy the capital of a great nation, 4 PENITENTIARY IN THE DISTRICT OF COLUMBIA. yet tlioy have thought it inexpedient to recommend a greater appropriation than the sum named, believing such phms will be adopted and such buildings erected that, at any time when needed, additions may be made thereto. The committee are furtiier advised that this appropriation will be considerably les- .^ened by the use of materials in the old penitentiary, as provided in the bill. On this subject the officer in chiirge of Washington arsenal, in a letter to the late warden of the penitentiary, says: " SfR : I have to acknowledge the receipt of your letter of the 25th instant, and to say that the present penitentiary building is now used for the storage of a large amount of ammunition. The removal, as proposed, of the ccdls would not only increase the storage room, but would render the hauling of the ammunition safer and more convenient. All the heavy interior doors might also be dis- pensed with. "The outer gates, with their cut stone masonry, the coping and iron railing could be spared, and much of the outer wall, only leaving enough in height to prevent improper persons too near the magazine. " Respectfully, your obedient servant, "J. G. BENTON, " Captain of Ordnavce, Comonav dingy The committee are informed that thei'e are in the old penitentiary J60 cells faced with cut stone eighteen inches square; 224 cell doors; a number of large iron doors, iron guards, &c. ; about 1,260 feet of yard wall, containing some 750,000 brick, with cut cap stone on the walls, and foundation stones, together with a large amount of brick in the old cells, all of M'hich might and will be used in the construction of the new buildings. The committee have left the question of a site for the proposed buildings to the decision of the Secretary of the Interior, the judges of the Supreme Court for the District of Columbia, and the mayors of Washington and Georgetown. It is provided in the bill, however, that it shall be within the District, and the build- ings all on contiguous territory. The objection to the site proposed by the Sec- retary for a penitentiary is, that it is too remote from the city, and especially so should it be thought more economical to have all the said buildings in the same enclosure. The jail must be within a reasonable distance of the City Hall, in which the courts are held. In many of the State penitentiaries a considerable sum, ranging from two to five thousand dollars per annum, is received from vis- itors. With a penitentiary located on the grounds proposed by the Secretary, there would be no revenue from this source. Possibly it were better so. The committee have provided, in the bill reported by them, that the cities of Washington and Georgetown, and the county of Washington, shall pay into the treasur}' of the United States the sum of one hundred thousand dollars, believing it to be a sum justly to be assumed by said cities and county as their proper })roportiou of said appropriation. The bill assesses to the city of Wash- ington twelve-fifteenths of said sum, to the city of Georgetown two-fifteenths, and to the county of Washington one-fifteenth. This is in the same proportion as fixed by a law passed at the present session of Congress regulating the assessments of the levy court of the District. It is sometimes claimed that the property -holders of the District of Columbia should build their own peni- tmitiary, jail, and house of correction ; but it must be remembered that the United States own very nearly one-half in value of all the real jjroperty in the city of Washington, and which the corporate authorities cannot tax one dollar. In addition. Congress, under tlu; Constitution, exercises exclusive legislation in all cases whatsoever over the District, and it is for violating laws passed by Congress, administered by judges not chosen by the people, that these j)eniteu- tiaries, jails, and houses of correction, become necessary. The sum of one hundred PENITENTIARY IN THE DISTRICT OF COLUMBIA. 5 thousand dollars being' paid into the treasuiy by said cities and county, will leave only the sum of one hundred and fifty thousand dollars to be paid by the United States, which sum, it is believed, will be further reduced fifteen to thirty thousand dollars by stone, brick, iron doors, and other material furnished to the contractor from the old penitentiary and other public grounds. The bill reported by the committee provides, first, that the Secretary of the Interior, the judges of thes upreme court for the District, and the mayors of Washington and Georgetown, shall select sites for the proposed buildings on contiguous territory within the District. 2d, that they shall, before contract- ing for the erection of the same, cause full and detailed plans and specifications to be prepared for said edifices, or such divisions or portions of the same as may be needed for the present wants of the District. 3d, that they shall, after giving thirty days' notice, enter into a contract with the lowest responsible bidder, who shall give the reqiiisite security. 4th, after this is done the duties of the judges and mayors cease, and to the Secretary of the Interior is given the general supervision of the work. 5th, the sum of two hundred and fifty thousand dollars is appropriated for the construction of the buildings. 6th, convict labor shall be employed by the contractor, who shall allow one dollar and fifty cents a day for each prisoner. 7th, the contractor shall use stone, brick, timber, or other material, now in the old penitentiary, or on any of the public grounds, whenever it will lessen expenses, and shall make a just allow- ance for the same. 8th, the city of Washington to pay into the United States treasury $80,000, Georgetown $13,500, and the county of Washington $6,500, and may issue scrip, bonds, or other securities for the same, to be redeemed within ten years, and may also levy, assess and collect such proportion of said sums in each year as the city or county authorities may determine. 10th, in defiiult of payment by either or all of said cities and county, the Secretary of the Interior shall appoint assessors and collectors to levy, assess and collect the several amounts so unpaid. 11th, when the buildings are completed, and the sums assessed upon said cities and county are paid into the treasury, the lands occupied by the same shall be forever set apart and dedicated to the District of Columbia for the purposes designated in the bill. SStii Coxgre&s, ) HOUSE OF HEPRESENTATIVES. i Report 2d Session. ) ( No. 23. ENLISTING CRIMINALS FROM THE JAIL' IN THE DISTRICT OF COLUMBIA IN THE ARMY AND NAVY OF THE UNITED STATES. [To iiccoiiiijany bill H. R. 79:;.] February 28, 1665.— Ordered to be printed. Mr. Tho.mas T. Davis, from tlie Committee for the District of Columbia, made tlie following EEPOIIT. The Comimtlec for the District of Columbia, to icMch was referred two certain resolutions of the House of Representatives, the one directing an inquiry into the sale to substitute brokers of colored men coffned in the jail of the District of Columbia charged with felony, and the other a resolution directing an in- quiry into a system of substitute brokerage alleged to be in 'practice at said jail, in the city of Washington, by the officers and, guards in charge thereof, report : That, by virtue of the powers conferred, and in obedience to the duties en- joined, upon them, thej proceeded to summon before them the officers and per- sons named or referred to in the last resolution, as well as many other persons, who were supposed to possess knowledge upon the subject of inquiry, and such officers and persons have been examined upon oath, and the testimony taken has been reduced to Avriting, and is submitted herewith. From the testimony thus taken and submitted the undersigned are happy to state, as the determination of their judgment, that the number of persons impli- cated in corrupt practices, connected with the procurement of substitutes for the military and naval service, is not so great as many have supposed, and that but a few instances have been found in which criminals, charged with heinous offences, have been admitted to bail for the purpose of being used as substitutes. It is nevertheless unquestionably true that corrupt practices have existed, that wrongs have been committed, that outrages upon public morality and public justice have been perpetrated, which call for the interference of Congress, and, so far as may be, for the punishment of the guilty by existing law. To the end that the report which we have the honor to submit may present an intelligible outline of the subject under consideration, without compelling a reference to the somewhat voluminous testimony which has been taken, the undersigned state briefly the material faets which have been proved before them. The district or United States jail in the city of Washington is under the immediate charge of Robert Beal, the warden thereof, who has under him as deputy or assistant warden next in charge Benedict Milburn, of the city of Washington, and eight guards to assist in the custody and care of the prisoners confined therein. The warden has been in office since the 11th day of April, A. D. 1864, and Milburn has since that period been deputy Avardeu, having, however, for nearly two years before been connected -^ith the jail as an officer thereof, under the administration of Marshal Lamon. 2 ENLISTING CRIxMINALS. This jail is the place of confiucment for all persons arrested within the Dis- trict for criminal oifences, by the civil authorities of the District, and committed for trial therein. The number of committments annually is large, and it appears from the testimony of the Avarden in the case that, since the office has been held by him up to the 21st of February, 1865, 756 persons committed for trial or examination have been discharged. Of these discharges there have been By the district court 77 By the district attorney 11 By the failure of the grand jury to find bills of indictment 45 By the marshal 335 By justices of the peace 308 From the whole number thus dischai'ged not far from seventy have been let to bail for the purpose of being mustered into the military or naval service of the United States as substitutes for parties in or out of the District, drafted or liable to be drafted for such service. So for as your committee have been able to»learn from the judges and officers of the court, and t!ie responsible officers of the prison, the great majority of these persons were committed for breaches of the peace or trivial offences, or for alleged offences, of the commission of which no proof to sustain an indict- ment or prosecution was ever offered to the grand jury of the District, or to the committing magistrate. The committee have found no proof of the letting to bail of more than five or six persons, charged with any crime as high as the grade of grand larceny, with intent to use the parties thus charged as substitutes. It is in proof before us that two persons, one convicted of grand larceny, and one of highway robbery, in taking S2 50 from a colored woman of his acquaintance in the streets, have been pardoned, and immediately thei'-aftcr mustered into service as substitutes ; but your committee are satisfied iliat in these cases the clemency of the executive was properly exercised, and that no reasonable objection to it can be urged. With the exception, therefore, of the comparatively few cases where parties held for trial for grand larceny or other heinous offences have been let to bail to be taken as substitutes, your committee are satisfied that no special injury has been inflicted upon the public service by the employment of substitutes, either colored or white, from the jail of the District. But there are considerations arising from the facts, which we shall now pro- ceed to submit, showing that the whole system of letting to bail persons charged and held for trial uj)on any grade of crime should be arrested by legislation, as tending to the manifest wrong and oppression of the alleged criminal, as well as to venality and corruption on the part of officers having the charge of the jail. During the pendency of the draft for troops in the District of Columbia in the last year, (1864,) it was to be sujiposed that parties desiring to obtain substitutes would make strenuous efforts to find them in any quarter which should promise success. The jail of the District, where the poor and the friendless Avere con- fined, often on charges of slight assault and battery, committed in momtrnts of inebriation, or lor other breaches of the public peace of no very aggravated char- acter, and where others were held for trial of more serious offences, became a fa- vorite resort for parties desiring substitutes for themselves, as well as for brokers and speculators whose business it was to procure them for others. Success in this undertaking would depend very materially upon the disposi- tion and influence of the officers and custodians of the jail; and with a corrupt officer, disposition and influence would depend upon the material consideration by which they should be cultivated. Unfortunately for the reputation of the jail, unfortunately for the poor and friendless prisoners, unfortunately, in some instances at least, for the character ENLISTING CRIMINALS. C> of the military service, and to the dishonor of public morals, one man, clothed with official power, and subject to official responsibility as deputy Avarden of the jail, was found base and iniamons enough to prostitute his office to the sale of prisoners on a brokerage. lie communicated with them himself on the subject of selling themselves as substitutes, and, in violation of the known rules of the jail, he permitted communication to be held with them by others. He did it for pay, sullied his office and his name by the price of blood, and in the judgment of your committee has added perjury to corruption. Your committee have no desire to do injustice to any man, and they therefore ask to incorporate in the report itself which it is their duty to make the mate- rial portion of the evidence of Benedict Milburn, the deputy warden, to whom they have alluded. He was sworn before us, and permitted, at his own re- quest, to make a statement explanatory of the testimony given by him in an- swer to direct interrogatories. He swears that he has been the deputy warden of the jail since the 11th of April, 1864, under Robert Beal, warden, and was there before for twenty months under the marshal ; that he knew of the removal of prisoners convicted of, or charged with, crime from the jail, for the purpose of being recruited into the military service of the United States since April 11, 1864; that he himself took out one man by the name of Jackson, under direction of the warden, and that some eighty men had been taken out on bail, in the aggregate, for the same purpose ; that the charges against them were various, but principally for lar- ceny; that Benjamin F. Beveridjre had more to do with the applications to take out the prisoners than anybody else ; that they had been taken out for various persons connected with the courts ; that Judge Fisher and his friends had taken them out; that one person had been taken out to be sent to the army as a rep- resentative for Mr. Lincoln ; that he aided the persons applying to take them out, by stating to them the nature of the crimes for which they were committed, or giving them copies of the commitments, showing the causes for Avhich they were committed ; that he received money in the case of Jackson — the sum re- ceived being S325 ; that Beveridge had made him presents for informa- tion given to him, but that he did not know for wJiat the presents were given, as nothing was stated by Beveridge as to the purpose of the pres- ents ; that he, the Avitness, supposed it was lor information and service, and that the amount was as much as -S200 ; that he thought Beveridge was making money out of it ; and therefore he, witness, might, with propriety, accept a remuneration ; that he, the witness, would not swear that he had not received more than $200, nor that he had not received $500, though he thought he had not received as much as that, but could not tell, because he kept no account of it ; that he never asked any remuneration from Beveridge, and told him he did not want any, as he was doing only his duty ; that he also received from Robert M. Beal, a son of the warden, $40 for procuring a substitute ; that he sometimes went into the jail to inquire whether prisoners desired to go into the army, but not often ; that he was requested to do so by the warden ; that at one time he went in Avith Thompson, a laAvyer, about sunset, to see a prisoner, for Avhom Thompson said he Avas counsel, and learned afterwards that he, Thomp- son, wanted to get a prisoner as a substitute ; that there Avas a custom, but not a rule, prohibiting the visiting of prisoners at that hour, or after 4 o'clock p. m., Avhen they Avere locked up ; that of his OAvn knoAvledge he could not say that any other officer of the jail had ever received money for services in procuring substitutes ; that he iiimself had never receiA^ed any money, except in the cases stated ; that Jackson, the prisoner aboA^e referred to, Avas taken out in the first place at the request or instance of the Avarden ; Judge Carter gave a note of introduction for a Mr. Murphy, addressed to Mr. Beal, the Avarden, speaking highly of Mr. Murphy, and asking Mr. Beal to aid him in obtaining a substitute from the jail ; that he, the Avitness, saAV the latter, and that Beal requested him 4 E.NLISTIXG CRIMINALS. to find a man as substitute, and tliat Jackson offered to go as a substitute on application of the witness ; that Jackson M'as taken out, examined, and rejected, by reason of a defective eye; and tliat witness then putliim into the second sub- district of the District of Columbia as a representative substitute for a i\Ir. Hill, and received for it $325. The witness further stated that the particular cases, or the names of partic- ular persons remember(;d by him as taken out of jail for the purpose before stated, were as follows : William A. Jackson, a white man, taken out by witness on the 6th of Octo- tober, 1S64, charged with grand larceny in stealing $400 or $500 in money, and a gold watch M'orth .$70 or $S0; Levi Underwood, a black man, sentenced for grand larceny, and tak(.'n out about three months since ; Solomon Young, a colored man, sentenced for grand larceny and pardoned; Thomas jMilstead, a white man, charged with horse-stealing, and let out on bail about four months smce; and John Stearne and Robert Garcie, both charged with the same offence of stealing from a jewelry store in Washington from $500 to $800 worth of property, and both held for trial; and one George Washington Morrell, a colored man, charged with horse-stealing and other offences, and held for trial; and that many others, in all amounting to about eighty, had been taken out. The witness further stated that the usual course of proceedings was as follows : Any one desiring a substitute would apply to a broker or friend, and then application would generally be made to witness for information as to persons confined and held for trial, urpersons under conviction. In cases where parties were still held for trial, a copy of the commitment would be furnished and taken to the court or judge, bail given for the party in prison, the prisoner taken out for ex- amination, and if accepted for the service he was not brought back; if rejected, Le was generally recommitted, and the bail discharged. Some thirty of the parties bailed out were rejected and recommitted. We have now given a candid abstract of the tpstimony of Mr. Milburn, and in connexion with it we think it due, in reference to the opinions above expressed, to state that Mr. Benjamin F. Beveridge, spoken of by the witness Milburn, has been examined on oath before the committee, and testified that he was en- gaged as a business in part in procuring substitutes ; that he had frequent interviews with Milburn ; that sometimes he applied to Milburn for information as to parties confined in the jail, and that sometimes Milburn would call upon him, and say that their were parties there who could be secured as substitutes; that he paid for such as he procured through Milburn tivcnij/ dollars apiece ; that that was the sum which Milhurn demanded of him, and claimed the service to he worth, and that he thus procured somewhere from 25 to 30 or more substi- tutes. It is therefore clear, if Beveridge is entitled to credit, which we do not doubt, that Milburn's allegation that he did not ask remuneration, is not only untrue, but that he did demand, and fixed the value of his service at the specific price of twenty dollars per man. It also appears from the testimony of Beveridge, that he was in the habit of paying Duval, Fayna, and others of the jail guard, some small douc<;ur of from one dollar to five dollars for taking the prisoners before a magistrate, or court to be baih'd, or for other services and facilities rendered him in the premises. Several guards of the jail have been called before us and sworn, and each one has admitted, with apparent frankness, that it has been usual to receive from the party obtaining a substitute from the jail a small douceur for taking the prisoner in charge to the court or magi:d any act whatever unbecoming either the dignity or integrity of their position. The undersigned reprobate the action of any guard of the jail in receiving any gratuity for the performance of a duty connected with his charge ; but, in their judgment, no one of such guards has corruptly received a consideration for aiding in the pi'ocuring of substitutes, nor has in fact aided in the procure- ment itself. From the investigations which they have made, the undersigned are satisfied that one man, and one alone, of the officers in any wise connected with the ad- ministration of justice, or Avith the charge of prisoners, has been guilty of such corruption and malfeasance in office as to call for severe and special censure, and that man is Benedict Milburn. Aside from the corruption to which he was a party, by express or implied contract with Beveridge, his action in the case of Jackson -was such as might well satisfy the highest ambition for infamy. From the testimony of the chief of the police, contained in the evidence sub- mitted with this report, it appears that Jackson was an old offender, and had previously been committed twice for criminal offences in 1864, while Milburn held the office of deputy w.irden. Milburn must have known Mm, as is stated by the chief of the police, and we assume that he did know him. Those commitments were for grand larceny, and the commitment for which he was held for trial at the time that Milburn sold him as a substitute to Mr. Hill was for the larceny of property to the amount of at least $580. Still, after knowledge of his being rejected as a substitute on his original letting to bail upon the application of Murphy, Milburn, without authority of law, without the request of his superior, aiid without his knowledge, and for the consideration of $325 in hand paid, sells him as a representative substitute to Mr. Hill, of Georgetown; and the notorious convict, ready to commit new de- predations and new crimes, takes his place beside some honest soldier in the army of the republic. At the time that he was thus taken out for bail, it appears by the testimony of Duval and others of the jail guard, that Jackson, then in citizen's clothing, acknowledged and stated, in the prcsetire and //caring f)/^ Mil- hum, that he was then already in the military service of the United States, and Milburn knew that he was either a deserter, and liable as such, or was incapable of being musti.'red in as a substitute because of his existing obligations to the service. Still for money, arising from the sale, in violation of his duty as an officer, in disregard of the interest and character of the service, Benedict Milburn became the bail of the criminal, placed him in the army, pocketed the bribe, and then procured the entry of a nolle prosequi by the district attorney on the proceeding against Jackson, and thus discharged the obligation given for his appearance to answer for crime. It is in proof bi fore us, as might have been expected, that .fackson is again a deserter from the army, and his arrest is now being sought, for the purpose of bringing him to punishment; for burglary in entering an office, in Alexandria, connected with the military administration, and there breaking open and robbing a safe, and taking therefrom the sum of $1,100 belonging to his brother soldiers, and deposited for safe keeping. The undersigned have been informed that since this investigation has com- menced before them, Mr. Milburn has been dismissed from his office, and they 6 ENLISTING CRIMINALS. * are pleased to recognize the di^^inissal as a distinction to which he i> most emi- nently entitled by his m(>rits and his character. There are but two or three additional facts bearing upon the matter presented, a statement of which seems material. Benjamin F. Beveridgo, who seems to have been the principal o])erator at the jail in the procurement of substitutes, was, by authority of the warden, furnished with more than ordinary facilities for learning the condition and disposition of prisoners. He seems to have been designated by the warden for this purpose, for the reason, as stated by the warden, that it was better to have one person visit the jail than to have a number of irresponsible and improper persons holding conference Avith prisoners. Beveridge became bail, as it appears by a statement from the jail docket, in twenty-seven cases, and that in some cases prisoners were released on their own recognizances. The profits of the business, on the part of B;.'veridge, ranged from $.50 to §150 on a prisoner. It is, perhaps, just to mention, that the man Jackson, who was bailed by Milburn, oflPered himself to Beveridge as a substitute, and that Beveridge refused to accept him, or give bail for him, by reason of his infamous character and the serious nature of the chai'ge against him The undersigned respectfully suggest that the evils of this system should be remedied by penal enactment, prohibiting the recruiting of persons into the mili- tary or naval service while under charge of crime in the District of Columbia, and either confined or held for trial ; and further prohibiting, under severe penalties, any officer of the jail, or any guard thereof, from receiving, directly or indirectly, any fee, emolument, compensation, gratuity, or reward, other than his salary or legal pay, for any service rendered or information given to any person in virtue of his office or employment or in any matter connected therewith. The undersigned respectfully recommend the passage of an act herewith sub- mitted, for the purpose of effecting the objects desired. THOMAS T. DAVIS, J. W. PATTERSON, Of the Committee. Washixgton, February 20, 1S65. T E S T I M N Y TAKEN BEFORE Thomas T. Davis and J. W. Patterson, from the Committee for the District of Colmnlna, on resolution of inquiry in respect to ja\l, S^'c. Wednesday, Fchruary 22, 1865. B. MiLBURN called, sworn and examined : Qviestion. What connexion have you -with the jail in the city of Washington 1 Answer. I am a deputy under ilobert Beale as warden. I keep the books of the jail. Question. How long have you been there ? Answer. I have been there under Mr. Beale since the 11th of April, 1864. I was there for twenty months previous to that period under the marshal of the District. Question. Do you know anything about the removal of prisoners convicted of or charged with crime from the jail for the purpose of being recruited into the military service of the United States since the 11th day of April, 1864? Answer. I do. I took out myself, under the direction of the warden, one man by the name of Jackson. Some eighty meii have been taken out altogether for that purpose. Question. On what chai'ges were these men committed ? Answer. On various charges, principally for larceny, but for all kinds of crime except murder. Question. What persons have been engaged in taking out prisoners for enlisted men ? Answer. Benjamin Y. Beveridge has had more to do with it than any other person. Question. For whom have they been taken out ? Answer. For several persons connected with the courts. Judge Fisher and his friends have taken out men, one was taken out and put into the army as a representative for Mi-s. Lincoln, and other persons have taken them out. Question. Did you aid any persons in taking out prisoners ? Answer. I have aided them by stating the crimes for which prisoners were committed to jail; that is, I gave parties applying copies of the commitments, showing the crimes for which prisoners Avere committed. Question. Have you ever received any money for aiding any person or per- sons in taking out prisoners as substitutes 1 Answer. 1 received money in the case of Jackson, and have received presents from Beveridge for information which I have given him. It was not, however, stated by him for what these presents were given. Question. How much money did Beveridge give you for this service ? Answer. I do not know that he gave it to me for this service. He did not say what it was for. I suppose it was for information I had given and services I had rendered to Beveridge in this matter. He gave me as much as $200. Question. Did you think that Beveridge was making money out of it, and, therefore, could aftbrd to give you compensation 1 Answer. I did. Question. Will you say that you have not received more than S200 for this purpose ■? Answer. I will not ; I kept no account ; I may have received more than $200. Question. Will you swear that you have not received $500 '? Answer. I will not swear that I have not received S500, as I kept no account ; I cannot tell, but I believe I did not receive as much as that. 8 ENLISTING CKIMINALS. Question. I Mil you receivo inoiicy from others for this purpose? Answer. I received from Robert ^l. Beale, 840. lieale is connected with Bevcridge in this business. I received, also, in the case of Jackson, from George Hill, of Georgetown, $325. Question. Did you visit the i)risoners in jail to ascertain whether vou could get substitutes for dift'erent persons? Answer. I sometimes went into the jail to inquire whether parties desired to go into the army, but not often ; I was requested to do so by ^Ir. Beale, the warden ; I Went in, in one instance about sunset, with Mr. Thompson, a lawyer, Avho said he was counsel for a prisoner he desired to see. A friend aecompanied Thomp- son. I afterwards learned that he wanted the man as a substitute. Question. Is there any rule which forbids officers of the prison from visiting prisoners at night, or after a particular hour ? Answer. There is no rule; there is a custom not to see prisoners after 4 o'clock, unless by order of the court, or of a magistrate. Question. Did you ever take any person in to see a prisoner except in the case of Thompson, unless by order of the court, or of a magistrate ? Answer. I never did. I went into the jail with a committee of the 4th ward, by order of Judge Cartter, and have at other times been through the jail for the same purpose, but always on an order from one of the judges. Question. Do you know of other officers of the jail receiving money f.r ser- vices of this description ? Answer. I do not of my own knowledge. Question. Did you ever receive any except from the persons you have named? Answer. I did not. Question. What was the mode of proceeding in these cases ? Answer. Any one desiring a substitute would apply to a broker or friend, and that party would make application to me for information as to persons con- tincd and held for trial, or persons imder conviction, and get a copy of the commit- ment, and, in cases where the parties charged were still held for trial, a copy of the commitment was taken to the court or judge, bail was given fir the party in prison, the prisoner taken out for examination, and if accepted he was not brought back, if he was rejected he was generally recommitted, and the bail discharged. Some thirty of the men who were taken out on bail, I think, were returned and recommitted, not having passed examination. Question. Had Hill obtained substitutes there before the case of Jackson ? Answer. Yes, he had taken out two before. I desire to make this explanation, with the permission of the committee : Mr. Beale, the warden, appointed Bevcridgc to act as substitute-broker. Judge Cartter wrote a letter of introduc- tion to Mr. Beale for Major Murphy. Question. Did you see the letter ? Answer. I did ; the letter spoke of the object which Major Murphy had in view, which was to get a substitute, and requested Mr. Beale to aid him in ob- taining one. Question. AVhat persons do you remember Avho have been taken from the jail to be enlisted into the military service since April 11th, 1S64 ? Answer. Those I now remember are William A. Jackson, white man, taken out by myself on the Gth of October last, charged with grand larceny in steal- ing four or five hundred dollars in money, and a watch worth seventy or eighty dollars ; Levi Underwood, black man, sentenced for grand larceny, taken out about three months since ; ^Solomon Young, colored man, taken out about a month since, charged with grand larceny, tried, convicted, and released on par- don ; Thomas ]\lilred, white man, chaiged with horse-stealing, and held for trial, taken out about four months since ; John Stearne and Robert Garcia, both charged with the same offence of stealing from a jewelry store in the city five ENLISTING CRIMINALS. 9 or eight hniidred dollars or more ■worth of property, held for trial ; a great many others have been taken out, I should think about eighty since 1 went there ; one George Washington Morrill, a colored man, was taken out a fevr days since, charged with horse-stealing and other offences, held for trial ; Ben- jamin F. Beveridge was the party who Avas principally engaged in taking out prisoners. When I Avas applied to, I looked over the list of prisoners to see the charges against them, and furnished copies of commitment to Beveridge. I gave him the names of persons who desired to go into the army. 1 received money from Beveridge, but I uniformly told him I did not ask anything, I was only doing my duty. I desire with the consent of the committee to state in the case of Jackson, that Mr. Beale received a letter of introduction for Major Murphy from Judge Cart- ter, speaking highly of him, and asking Mr. Beale to get him a substitute from the jail. Mr. Beale asked me to find a man for him, and I found Jackson. He was taken out and was examined and rejected as a substitute for defective eye. I then put him in as a representative substitute for the quota of the District of Columbia. Judge Fisher sent several letters asking to aid persons in securing substitutes. The letters were sometimes sent to Mr. Beale, and sometimes to myself. Robert Bbale called, sworn and examined. Question. What connexion have you with the jail of the District of Colum- bia? Answer. I am its warden. Question. How long have you served in that capacity? Answer. Since the 11th of April last. Question. Have you known anything in regard to enlistment of recruits from among convicts in the jail, persons under sent('iice, or persons charged Avith felony, since you have been warden ? AnsAver. 1 do not know it personally, or of my own knowledge. I sit in my office, and I am not personally aAvare of the fact when they send prisoners either to the judge or to the committing magistrate to be bailed. I knoAv that the citizens of this place, when they Avere attempting to fill their ijuota, came in considerable numbers to the jail to get substitutes. Well, Lhad no objec- tion to that. They Avould ask a man Avhen he came up to the grating, " Will you go in the army V 1 have been told this took place ; I never witnessed it myself. The man Avould say, " Yes," and then the parties seeking him Avould go and ask the judge to let that man out on bail, and he Avould be sent OA'er to the court, Avith the statement of the cause of his commitment, his offence, and the amount of money stolen, if he was held for larceny. Question. Who furnished the copy of the commitment] AnsAver. Well, I consulted Avith Judge Cartterand Judge Fisher on the sub- ject, and I suggested that it would be Avell enough to have the cause of com- mitment furnished to the court, and I instructed Mr. Milburn, for the in- formation of the judges, to send a copy of the commitment. This Avas not done in cases Avhere prisoners were committed, by magistrates, because one magis- trate cannot take out a prisoner that another has sent in. On one occasion. Judge Cartter addressed a note to me for some friend of his. Question. Mr. Murphy ? Answer. I believe that was his name; I never saw the gentleman, that 1 know of. Mr. Milburn told me tAvo or three days ago that he let a man out for Judge Cartter, and got, I think, some 6300 for liim ; and if the man did not go in the army right aAvay, he Avould haA-e been returned to the prison. It Avas the understanding Avilh the judge that if the man did not go into the army he, should be returned, to be tried, sentenced and punished according to laAv. Rep. Com. 23 2 10 ENLISTING CRIxMINALS. Question. l>i(l a\Iilbm-ii tell you whether that man went into the army? Answer. I think lie said that tliey did not take him into the army, but into a district court liere. Question. Do you mean to say that it was tlie understanding;; with the judges that men might be tak(;n out of prison on bail bonds, provided they would go into the army ? Answer. Well, that was the luulerstanding, at least with Judge Fisher, in the case of a man who was convicted of stealing $2 50, and sentenced for three years. I asked for a committee to consult with Judge Carter about this matter. Question. Is not jNlr. Beveridge a substitute broker 1 Answer. lie keeps the Washington House, at the corner of Third street. Question. Was not he engaged in this business of getting men out of the jail m substitutes, and was he not appointed by you ? Answer. I wish to tell you all about that. There Avas no appointment at all. There was a great ci'owd around there after substitutes^, and 1 told Mr. Bever- idge, thinking there was no more harm to let him in than anybody else, " there are men here ; I do not want any of my men to do anything excej)t to watch you ; go on and find out who is in there, who is willing to be enlisted." And I have no doubt in the world that he got paid twenty, fifty, or a hundred dollars for each man. Question. Did he apply to you before he proceeded m that matter 1 Answer. No, sir ; he was around there along with the rest of them. I thought he was a worthy man. Mr. Milburn himself Avould have done it, but I would not allow it because he was an officer of the jail. I never approved of what he did in sending men out ; but I never found it out until the other day. Question. How many did he take out of the jail and put into the army 1 Answer. I cannot say how many have been sent into the army. Question. How many do you suppose have been put into the army by substi- tute brokers or their friends ? Answer. Well, I cannot tell you ; I never saw the face of one of them. I do not go around in the prison except to see that everything is clean. I have a memorandum here, however, which I will read to the committee : Office United States Jail, Washington, February 21, 1865. The males discharged from this prison from the 11th day of April last (as shown by the jail docket) to this date are as follows : By the honorable court 77 district attorney 11 grand jury 45 marshal 335 justices of the peace 308 756 We have no means of knowing what number of the above discharged prisoners entered the army ; when a prisoner is discharged on bail or otherwise, we ha^'e no means of knowing where he goes to. ROBERT BEALE, Warden. ENLISTING CRIMINALS. 11 The foIloAving- is a list of the magistrates on Avhose order prisoners have been discharged : Ncancs of Justices (if the Peace. S. Drury. G. L. Giberson. E. G. Handy. J. H. Johnson. Wm. Thompson. Z. A. Bosvvell. James Cull. T. G. Clayton. M. V. Biickey. E. H. Bates. N. H. Miller. B. S. Kinsey. B. W. Eurgerson. J. W, Barnaclo. J. S. Holingshead. H. Reaver. A. Gladmon. Very few persons come to the jail on this business. As soon as a man is ar- rested these sharks follow him to the magistrate's office, and look at him. If he seems to be a strong able-bodied man, they find out the charge on which he has been arrested ; tell him he will probably be sent to the penitentiaiy, and ask him if he would not like to go into the army. If he says he would, they go to the magistrate's office, give bail and take him off. If they are sent to the jail there is not a man of them released until a statement of the cause of his com- mitment is sent to the judge. Question. Have these parties paid you any money for this? Answer. No. That man does not live who could pay me money for such service. Question. Have they paid any money to anybody in the jail for this purpose ? Answer. I do not know. If you ask me what I think, that is another matter. Question. Have you ever paid money, directly or indirectly, to Mi'. Milburn for taking men out of the jail ? Answer. Not to any human being on this earth. Question. Has your son done that to your knowledge ? Answer. I never heard of such a thing until Milburn said just xiow that my son had given him $40. Question. You say that applications were made for persons to be taken out on bail as substitutes for the army; do you know of any instances where per- sons so taken out to be examined have been rejected and leturned to the jail, because of their rejection ? Answer. I am sure there have been several. Question. Do you know whether in other cases, where these persous have been received into the army, when the cases have been called in court of the bail being discharged by the entry of a nolle prosequi ? Answer. I have heard the order given by the district attorney in some of these cases to enter a nolle frosequi. Question. Eor what reason % Answer. I did not hear the reason, but I suppose because the men were in the army. I am sure some of them were persons who had been taken from tbe jail for that purpose. Question. Eor what crimes had these persons been committed to the jail % Answer. Principally for larceny, assault and battery, &c. I do not know of any persons charged with high crimes being taken off for that purpose, except in two instances, pardoned by the President. I do not know what they were pardoned for, but they went into the army. Question. What rules have you in regard to officers of the jail visiting prisoners in jail ? Answer. Grand jurors have the right to come in and sec prisoners. The re- latives of white prisoners have the privilege of seeing them in the morning, and 12 ENLISTING CRIMINALS. colored people have llic paine privilege ia the afternoon. Another rule is that no officer shall have anything to do with taking any prisoner out, or shall be connected with it as bail or in anyway except to take them out on the order of a judge or nlagistrat(^ Question. Is there any portion of the day or night during which officers are prohibited by your rules from going in to see prisoners 1 Answer. 'J'hey are not permitted to do so after four o'clock except by the order of a judge or magistrate, or in some peculiar case, such as sickness or something of that kind. The night watch have to go their rounds every half hour. Question. Have you any knowledge of any officer in the jail visiting prisoners in violation of your rules for purposes connected with enlistment? Answer. Not of my own knowledge. Some of the guards of the jail told me the other day that a colored man came to Mil burn and wanted to see a prisoner very much. Milburn at first refused, but afterwards went into the next room, and subsequently about 9 o'clock at night came out and went up stairs with him. When they came down stairs the man took a $100 note and slipped it into Mil- burn's hands ; Bell, one of the guards, saw the money delivered. Milburn Avent up to Bell, after the man had gone out and requested him not to mention it to anybody. That is all I know about it. The next day I was informed the man had been taken out and put into the army. Question. Do you know of any other officer of the jail than ]\Lilburn who has received any compensation or money for aid in securing the enlistment of prisoners confined on charge or conviction of crime? Answer. I have no knowledge of any such. Question. Will you state who of the magistrates are most engaged in the business of letting out prisoners for this i)urpose ? Answer. Justices Giberson and Johnson. Question. Do you know that Beveridge has paid money to ]Milburn ? Answer. Only by Milburn's own confession. Question. In the case of the 300 persons who you say have been dismissed by magistrates, do you know whether they went into the army? Answer. I do not know anything about it. Question. Do you know any other matter connected with the subject of this investigation which it would be proper for you to state to promote the ends of j ustice ? Answer. I do not know that I do. Be.\ja.\iin F. Bevkrid.ge called, sworn, and examined: Question. What is your business ? Answer. I keep a store on the avenue. Question. How long have you lived in the city? Answer. From fourteen to sixteen years. Question. Have you attended to any other business than that of merchan- dise during the last year ? Answer. I have been doing a little of all kinds of business. Question. Have you done anything in the substitute business? Answer. Yes, sir, but not as a broker. Question. In what capacity ? Answer. I have merely helped my friends in different ways to obtain sub.sti- tutes. Question. Have you ever received compensation therefor ? Answer. Yes, sir. Question. AVhere have you principally obtained substitutes ? Answer. I have got some from the jail. Question. How many have you obtained from that source? Answer. I do not know; perhaps 25 or 30; in that neighborhood. Question. What was the method of getting them out of jail ? ENLISTING CRIMINALS. 13 Answer. The way we got tliem was generally this : I would get the name of a person committed to jail. I went to the jail and found out parties there who were committed for trifling offences. Mr. Milburn, the jailer, would gene- rally give me a certificate of what the offence was ; he would also tell me when persons came to the jail. Question. Was it on your request that he came to you? Answer. Sometimes I Avould ask him, and sometimes he me ; and finding a man committed for some trifling offence, I would give security and get him out. * Question. Did you become the security yourself ? Answer. Sometimes I did, and sometimes the men I was getting substitutes- for would go security. Question. Was Mr. Milburn him.'~:elf sometimes the security? Answer. 1 think in one or two instances he was. Question. Did the magistrates become security in any state? Answer. No, sir, not to my knowledge. Question. Had you any arrangement with Milburn in regard to this ? Answer. The only arrangement I had was that when I Avent to him for in- formation he would tell me that I ought to pay him for his services, and I would generally allow him $20. Question. Did you ever allow him moi-e than that ? Answer. No, sir; T think 1 paid him about that for each case. Question. And you think you have taken oiit 25 or 30 prisoners ? Answer. I do not know ; 1 think about that many. Question. Did you say that Milburn asked j'ou for compensation ? Answer. He said I ought to pay him for his trouble. Question. Did he name the price ? Answer. He said he thought I ought to pay him about $20. Question. Did he first suggest to you this mode of obtaining substitutes ? Answer. No, I cannot say that he did. I think it was one of the guards of the jail who first suggested it. He said he thought I could obtain men from there. I said I would see Mr. Milburn and find out. Question. Did he state that Milburn would assist you ? Answer. He did not say positively that he would. Question. What is the name of that person ? Answer. I do not know which of the guards it was. Question. Did you give that person any compensation ? Answer. No, sir, I do not know that I ever did. I have given the guard small sums sometimes. When they were off duty they have helped me to go with a man, and I have given them something. Question. About what amount would you generally give ? Answer. G-enerally about $5. I have often assisted friends. The Secretary of the Interior once sent for a man to be gotten out for some of his relations — a nephew or somebody. Question. Have you that letter ? AnsAver. No, sir, 1 think it is in the jail. Question. Did he send it to you ? Answer. No, sir, he sent it, I believe, to Mr. Beale, the warden. Question. How did you get notice in regard to it ? Answer. 1 believe Mr. Beale told me to see if there was any one in there available, and, if so, to let this gentleman have him. I believe he got cue, and put h'm in. Question. Did you go into the prison and consult with prisoners on this sub- ject? Answer. Sometimes I would. Question. On an order from Mr. Beale ? 14 ENLISTING CRIMINALS. Answer. It \v;i3 in this way : There would be so many persons tliere looking for substitutes — sometimes ten or twenty in a day — that Mr. Beale spoke to Judge Fisher, suggesting that he should get some one to attend to the matti'r, and help citizens to get substitutes. Judge Fisher assented, and Mr. Beale told me that if I would attend to it I could do it. Question. You Avere really then appointed by him as an agent for this work? Answer. I could not say Avhat you might call it. ^Ir. Milburn was the one "who would generally do everything. Question. Were your negotiations there always with Mr. Milburn ] Answer. Yes, sir. Question. Did Mr. Milburn take you in to see prisoners'? Answer. No, sir ; he sent me up sometimes with the guards, or told the guards to let me go. Question. Was it necessary for you to have the order of ]Mr. Beale or of one of the judges of the court ? Answer. No ; a great many would bring orders. Question. Have you any idea how much money you have paid in the aggre- ^•ate to Mr. Milburn for the services he has rendered ? Answer. I do not know ; I could not tell. Question. How much bounty did you get from these men ? Answer. Sometimes I would get $100, and sometimes $50, more than I paid them ; and sometimes put them in without any advance. Question. What is the highest you ever received for these prisoners 1 Answer. About S200, after paying the man. Question. What did you pay the man ? Answer. Sometimes $200, and sometimes $300. Question. Then you have received as high as $600 as the whole amount ? Answer. Yes, sir. ♦ Question. And you could afford to pay the bail if it Avas forfeited ? Answer. If I brought a certificate that the man was in the army he would not be tried by a criminal court. The first case I ever knew, I think, was of a man sentenced to the penitentiary, who Avas put in as a representative for Mrs. Lincoln. An order was brought from the President to deliver him up ; and there was another case of the same sort for Mr. Lincoln himself. I remember that there Avere so many running to the jail that Mr. Beale went to see the proA'ost marshal, jMr. Ingraham, and told him that there were a good many parties in the jail that he might as Avell take out and make soldiers of. I think a lieutenant came down and got six or seven, but some of them would not pass and were brought back. He said he Avould come again, but I do not know as he ever came there more than once or twice on that business. I think he brought an order from the court, or from some of the judges, stating that if there 'were any men there Avho Avanted to go into the army he could put them in. He took that order to Mr. Beale, sent some guards and picked out six, took them up, but they Avould not pass and he brought them back again. Question. In the cases mentioned by you of the President and Mrs. Lincoln, did they order particular men] Answer. I think the last time the order Avas for a particular man. Question. Do you know what the crime Avas? AnsAver. He Avas charged Avith stealing nine or ten dollars, and A\-as sentenced to the penitentiary for one year. The man had been taken up once for exam- ination and they did not want to accept him because he had been convicted, but I believe this order Avas shown to the proA'ost marshal and he accepted him. Question. Was the order a pardon ? AnsAver. No, sir; I do not think there Avas any pardon granted. Question. Do you know Avhether any of these men Avere deserters or not be- or e being put in jail? ENLISTING CRIMINALS. 15 Answer. No; I never heard of but one, and he, it was said, had been in the service. I know nothing about it. That was the one Milburn took out. Question. Do you know of other persons having obtained substitutes tliere, who have paid money to officers of the jail 1 Answer. No. G. L. Gfberson, called, sworn and examined. Question. What is your profession ? AnsAver. I am police and metropolitan justice, 4th ward, city of Washington, at the City Hall, in the neighborhood of the jail. Question. Have you acted in that capacity during the last year ? Answer. Yes, sir. Question. Do you know anything of the manner in which this brokerage has been conducted, for procuring substitutes in the jail? Answer. Nothing in the world, except that sometimes I have admitted per- sons to bail who have been taken out of the jail — generally small offences. Bail has been given and filed in the office in all such cases. Question. For what crime were such persons in custody ? Answer. I do not know of any particular cases that I can recall. Question. Did you admit to bail any persons Avho were charged with grand larceny ? Answer. I do not now recollect, it is probable I did. Question. Did you commit John Stearne and Robert Garcia, for grand larceny in robbing a jewelry store 1 Answer. I do not now recollect. Question. On whose application, or in what Avay, did you discharge these persons 1 Answer. Upon the parties giving bail, I would release them as a matter of course. Question. Was this business, so far as you know, conducted principally by one or two individuals, or wei-e there various persons connected with it ? Answer. Sometimes one and sometimes another. Question. Was application ever made to you by Mr. Milburn 1 Answer. Never that I recollect. Question. Did he ever become bail for any party held by you or committed by you 1 Answer. Never to my recollection. Question. Did you ever receive from any person offering bail any con- sideration for admitting such person to bail 1 Answer. No, sir ; I would scorn such a thing. Question. Do you know of any person having received money for such service ? Answer. I do not. Question. Have you any idea of the number of persons committed by you charged with crime, who were bailed for the purpose of being enlisted in the army as substitutes 1 Answer. I cannot say. There were very few considering the number of per- sons I committed. I suppose from my situation that I committed more persons than all the other justices in the city of Washington. Question. Can you form some approximate idea of the number ? Answer. I can recollect very few — perhaps half a dozen, not a dozen cases, I am sure. Question. Did the parties applying for these substitutes generally themselves become bail ? Answer. No, generally some person was taken as bail, who I thought was sufficient for the amount. If I understood the prisoner was to go into the army, of course I would lessen the bail. 16 ENLISTING CRIMINALS. Question. ^Vllat ninouiit of'liiiil wa^ <^-('iK'rally required iu case^ of grand larceny 1 Answer. Sometimes $5^00 or $250. Question. Did you ever know of any committee from tlie fourth ward going to the jail on this suliject'.' Answer. No, sir ; 1 never heard of it. Anson Dival called, sworn and examined. Question. What is your business 1 Answer. I nm guard of the jail. Question. How long have you been there? Answer. Since the first of May, last. Question. ])o you know anything of prisoners having been taken from the jail for the ])urpose of being used as substitutes in the army. Answer. Yes, sir. Question. Plow many have been taken, in your judgment? Answer. I have no idea of the number, probably GO or 70. Question. Do you know whether any- officers of the jail have been engaged in obtaining these substitutes for a considt.'ration ? Answer. I do not know of any one but Mr. Milburn. Question What do you know of his receiving money for this purpose ? Answer, lie took a man out of jail who was committed on the 14th of Sep- tember last, under the name of William G. A. Jackson. The same man had previously been examined for the purpose of being taken out, but he stated he was already in the service. The officer from the provost marshal who examined him asked tlie character of the crime for which he was committed. It was stated he had stolen five or six hundred dollars and a gold watch. He was put back into the cell ; the officer would have nothing to do with him. Subsequent to that, on or about the 6th of October, Milburn took tlie man out, and, as I understand, I do not know the fact, went security for him for ^500. He put liim into the service, and Milburn told me he got 8325 for him. Question. Do you know anything of Milbnru's entering the jail at niglit for the purpose of getting out a substitute for a man by the name of Thompson? '-'■''Answer. Yes. I do not remember the date, but one evening some time, after the prisoners had been locked up, a negro man called at the jail to see a jjrisoner, but was refused on the ground that the man was locked up. It was contrary to the rules of the prison for any man to be seen after nightfall. The party had some conversation with Milburn which I did not hear. After a while Mil- burn, and Colonel Thompson, who claimed to be counsel for this mau, went inio the jail to see him. He, Colonel Thompson, and the negro man went in. Question. Did you know of any money being paid to Milburn at that time ? Answer. I saw a SlOO note in Milbnru's hand, the next day or day afterward, I forget which. Question. Did you know where he got it? Answer. I did not. Question. You stated in regard to Jacks )n that he had been examined be- fore IMilburn took him out, and that when his crime was ascertained, and that lie had already enlisted, the otHcer refused to liavi' anything to do with him. Did Milburn know that fact ? Answer. When the examination took place, ^lilhuni was present. The man stated distinctly that lu^ luul already enlisted and that his name was Johnson, not Jackson. Question. Was it stated that he was a deserter from the service ? Answer. I did not hear that. I understood him to say that he was in the service. Question. Did he say where he entered the service ? I ENLISTING CRIMINALS. 17 Answer. I am not positive. He stated tliat he was in the service and, I think, that he enlisted in August. Question. How long after the party had been examined, in the first instance, before Milburn took him out and used him as a substitute 1 Answer. It must have been perhaps 10 days. Question. Are you sure that Milburn knew he was already in the service? AnsAver. He had the same opportunity of knowing it with others in the room. It Avas stated distinctly. Question. In the case of Milburn's visiting the jail after the hour visits were prohibited, do you know whether Milborn was aware of the order prohibiting such visits 1 Answer. He issued the order himself from Mr. Beale. Question. Have you at any time received pay for allowing agents or other persons to visit prisoners ? Answer. Never. I would like to say, lest there should be any misunder- standing, that sometimes, when I have gone down as a guard to the office where a man was put into the service, I have received, perhaps, five dollars, but at no time have I made any demand for money, nor any sort of bargains. I have always distinctly refused every offer that has been made me. Question. Have you received offers ? Answer. Numbers of times. Question. From whom 1 Answer. A gentleman named Train offered me $600 to get him a substitute. Another friend of mine, a clerk in the mayor's office, by the name of Klopfer, without knowing anything of the impropriety of my engaging in the matter, offered to give $700 if I would procure a substitute from the jail ; but I told him distinctly that I was not in that business. Question. Have you received any other offers 1 Answer. Major Donohue, whose son had been drafted, said he would give SSOO for a substitute for him. Question. Do you know whether any of the persons who applied to you did obtain substitutes from the jail? Answer. 1 do not know. Question. Can you mention any other parties? Answer. There have been other parties, but they were strangers to me. Question. Do you know of any other parties connected v/ith the jail having received money for the procuration of substitutes? Answer. I do not. Isaac W. Ross called sworn, and examined: Question. Are you one of the guards of the jail in this city ? Answer. I am. Question. How long have you been there? Answer. Since the first of May last. Question Do you know of any officers at the jail who have received pecu- niary compensation for procuring substitutes for the military service from per- sons in the jail charged with crime or convicted thereof? Answer. I have never meddled with that. I have never had anything to do with taking out substitutes in any shape or form. I have had orders that when certain persons came to the jail to let them in. I have been offered, outside, any amount of money to engage in the business, but I have always refused. I have received at times, from men who have been at the jail, small amounts of money, but 1 never knew their names or anything about it. Question. What amounts did you ever receive ? Answer. I could not say — very small. H. Rep. Com. 23 3 18 ENLISTING CRIMINALS. Question. Do you suppose the persons hanclin<^ you inoufy in that way were there for tlie purpose of proem ino- substitutes? Answer. I suppose that was their business. I was authorized by my supe- rior officers to do what I was doing when these men came to let them in. Question. Do you know of tlie payment of any money to Mr. Milburn for this purpose ? Answer. I saw money brouglit in ou(! morning by a cok)ved man, contained in a note, which was given to ^Mr. Milburn. After a wliile .Mr. Milburn came to the door, having in his Iiand a $100 note. This man came from the party, as I supposed, who was taken in by Mr. Milburn one or two nights before. Question. Was it connected with this ariangement for getting a substitute on the application of Thompson ? Answer. I could not swear positively that it was. I understood that it was. I had gone home for supper Avhen they came there to get out a substitute. Question. Was anything said at that time by Milburn requesting you to con- ceal the fact that he had received this $100? Answer. He never said anything to me about it, one way or the other. Question. What other persons besides Mr. Beveridge procured any consid- erable number of substitutes from the jail ? Answer. There were bailiffs about the court v.'ho came there. A namesake of mine, William Ross, was one, and a man by the name of John Stuart was another. Question. Did you ever take these parties through the jail for that purpose? Answer. I never did. John Bell called, sworn and examined : Question. Are you one of the guards of the jail ? Answer. I am. Question. How long have you been there? Answer. Since the 7th of January, 1864. Question. Have you ever received any money for aiding in procuring substi- tutes from the jail ? Answer. As stated by other witnesses who have preceded me, I have re- ceived small auKumts at different times, but not otherwise. A gentleman came to me whom I did not know, and offered me two hundred dollars to tell him of the charges against some one in there who could be ol'tained as a substitute, but I did not do it. Question. What do you know about one hundred dollars being paid to Mr. Milburn, for giving access to the jail after the hour for locking prisoners up? Answer. I was sitting in the guard-room, with Mr. jMilburn, when a colored man came in and asked me to let him see a prisoner. I told him he could not possibly see him at that hour; he insisted upon seeing him; he wanted to know if I would let him see what charges were against him ; I told him he could see what charges were against him. The colored man said to me, "I will be honest with you about this matter, I Avant this man as a substitute; if you allow me to see him I will give you one hundred dollars; I will give the lawyer one hundred dollars, and the man two hundred dollars, which will make four hundred dollars; and tli'-re are two men I want, I will give the same for the other, which will make eight hundred dollars in all. Alter tliat I was called up stairs to take some medicme; when I came back the colored man was gone. Presently he came back with Colonel Th:)mpson — Tiiompson said he wanted to go up stairs to see the prisoner; 1 told him it was against the rules of the prison; it was then after dark. He turned round and asked Mr. ]\Iilburn if he could not see that prisoner, 3Iilburn replied that as it was him he would have to take the re- eponsibility. Upon that he took a lantern and went with Thompson and the ENLISTING CRIMINALS. 19 colored man ixp stairs. I sat clown in tlie outer room. After some time they came down and went off. The next day I was off dnty. The morning folloAV- ing Milburn drew his chair up to me and said he didn't want me to say anything to the other guards about his going up stairs on that occasion, that it was a privilege he had. I told him I had already mentioned it to some of the other guards. He said he was sorry, but that it was no matter, it was a privilege he had. The same day another colored man came there, went into the room where Milburn was; and I saw Milburn directly afterwards having a one hundred dollar note in his hand. I remarked in joke to the others, " boys we are going to get a part of that." Question. Did Milburn ever tell you the source from which the SlOO came ? AnsAver. No. Question. Was Thompson there the next day ? Answer. No. Question. What is Colonel Thompson's fall name? Answer. Michael Thompson. Question. Have prisoners at any time expressed a desire to be taken out to go into the army ? Answer. A great many of them have. Question. Have they ever sent letters or word to any parties to come and take them out ? Answer. I do not know that they have ; I never took or sent any such word. They have often begged me to get some one to come and take them out, or to take them out myself and put them in the army. Question. Do you know the crimes for which the men so taken out have been committed ? Answer. Various charges. Question. What would be some of the extreme cases 1 Answer. This Jackson case, I believe, was the hardest one that I know of. Question. Do you know anything in regard to Milburn's knowledge of Jack- son's being in the service at the time he was taken out ? Answer. I do not see how he could help knowing it. Question. Were you present at the conversation referred to by Duval ? Answer. I was ; I was standing at the outer door ; Milburn was not further off from Jackson than across this table, and between Jackson and the lieuten- ant. Jackson spoke louder than I am speaking now. Question. Was anything said about his being a deserter? Answer, No ; the lieutenant asked him some fjuestion, to which Jackson re- plied that he had enlisted or volunteered in the service some time last August ; that his name was not Jackson, but George Johnson. Question. Was Jackson in citizen's clothes when brought to the jail ? Answer. Yes. Question. And nothing was said about his being a deserter? Answer. Nothing that I heard. Thursday, February 23, 18G3. Hubert Waters called, sworn and examined. Question. Do you reside in the city of Washington ? Answer. Yes, sir. Question. What is you occupation ? Answer. I am a guard at the jail. Question. How long have you been there ? Answer. Ever since Pierce came in. Question. Do you know whether for two or three years past there has been a habit prevailing of taking criminals or persons charged with crime, held for 20 ENLISTING CRIMINALS. trial, or convicted, out of the jail for the purpose of putting them into the mili- tary service of the United States, as substitutes for other parties ? Answer. I know they have been taken out of the jail; I did not go to see them mustered in. I supposed that was what they were taken out for. (j),uestion. How long has that practice prevailed ? Answer. I suppose it has been going now on for a year or eighteen months. (Question. Was it practiced before the present warden came into office. Answer. I do not know whether it was or not. Question. Since the present warden came into chai-ge of the jail have there been many cases of the kind ? Answer. Yes ; I think there have been a great many. I have not kept any account, but I suppose as many as sixty or seventy. Question. Do you know whether any persons, officers of the jail, have re- ceived compensation from parties outside, for aid rendered in securing substi- tutes from the prison ? Answei". Mr. Beveridge took some men out from there, and 1 have received small sums from him. 1 do not not know what for. I never made any bargains with him. He would pay it may be a dollar apiece, as I supposed, for my ser- vices in running backwards and forwai'ds for him. Question. Do you know of money paid by Beveridge to other parties? Answer. I have seen him give money to the other guards in the same way that he did to me. They asked no questions. Question. Do you know Mr. Milburn, the deputy warden ? Answer. I do. Question. Do you know anything about his going into the jail -it night, or allowing other persons to go into the jail at night in violation of the ruh.'s of the prison, for the purpose of procuring substitutes. Answer. I Avill tell you what I know about it. It is a rule Avith us, wiicn the prison is shut up, not to allow any one to go in unless on some very particular occasion. In going away from there one evening, I met a barouche with three colored men in it. Milburn and Bell were at the jail. I was with a soldier who had been discliarged by the grand jury, and who was intoxicated; he wanted me to go with him and drink. To get rid of him as much as anything, I turned and went back to the jail. "When I got there one of these colored men was in there and came out. I went away again, and when I came back again Mr. Milburn had gone up stairs with the colored man, and lawyer Thompson. After a while they came down stairs and went out. I had no conversation with them what- ever. Question. Do you know of the payment of any money to Milburn in con- nexion with this transaction, for the privilege of going up stairs on that occa- sion ? Answer. I only know what Bell said. It was four or fixQ days after this trans- action, while 1 was very busy in letting some prisoners out to go to court, I saw a yellow man standing in the door. He asked me for Mr. Milburn. I told him ]\ir. Milburn would be back directly. When ]Mr. jMilburn returned, the colored man handed him a bank note, which JMr. 3Lilburn opened, and I saw that it was one hundred dollars. He did not make any concealment about it, but dis])layed it before us all. We spoke of it, and supposed from what had passed that we were going to get five dollars or ten dollars, but did not Question. Did you ever hear Milburn state from what Si;urce that money camel Answer. No, sir. Question. Was anything said to you about concealing the fact that Milburn had received this money ? Answer. Not to me ; no, sir. Question. Did you see this money paid to ililburn? ENLISTING CRIMINALS. 21 Answer. I saw the man put the note in his hand, and I saw him open it. Question. Who was the man that handed him this money ? Answer. I do not know the man, and do not know that I would reco;5aize him if I were to see him. Question. Do you know whether he was one of the parties who were there when Thompson came the night you mention ? Answer. I am under the impression it was the same man v/ho did uot come in, but sat in the barouche. Question. Did you hear Thompson say anything that night? Answer. Not a word, except to speak familiarly to me, as he ahvays does when I meet him. Question. Do you know of Mr. Beale having received any money at any time, in connexion with this substitute business ? Answer. No, sir. Question. Did you, by the direction of Beale, go with any parties into the jail for the purpose of allowing them to consult with prisoners in relation to go- ing to the army 1 Answer. I did once ; I was asked to go there with ^Ir. Beveridge. Bell was not there. One of the guards asked if Beveridge Avas allowed to go up without being accompanied by a guard. Ile^ said he wanted me to go with him, which I did. That is the only time. Question. Do you know anything in relation to the removal of Jackson from the jail ? Answer. I do nnt. I know that he was there, and that he was taken away. Question. Do you know anything about his antecedents ? Answer. No. Question. Do you know anything about his subsequent history? Answer. No ; I only know that he was in there, and was let out. Question. Have you been told by Milburn, at any time, that Jackson had been in the service of the United States ? Answer. No ; I only know that I was told by ^Milburn that he had received $325 for Jackson. George Parker called, sworn, and examined: Question. Where do you reside ? Answer. In this city. Question. Are you a merchant ? Answer. Yes, sir. Question. Have you been in busin.'ss in this city for some time ? Answer. Yes, from my boyhood. Question. Have you, within the last yeai", had any cases of fraud in the pur- chase of goods ? Answer. Some months since, a black man, whose name I do not remember, came to our store with a pass-book and purchased goods for a captain of the navy, as he represented, to the amount of $90. He had been in the habit of coming with the ciptain, and we supposed came for him. We ascertained that the captain had left the city, and that the man had obtained the goods under Mse pretences. We had him arrested and put in jail, but a week or ten days after we learned that he had gone ; that he had been put on board a vessel as a naval substitute, and had gone. Question. Who was the information that he had gone under these circum- stances communicated by ? Answer. I think by a guard at the jail. Question. Is that the only instance you know of men being taken from jail and used as substitutes ? Answer. That is the only instance. 22 I-:XLISTING CRIMINALS Friday, Fchruary, 24, 1S65. David K. Caritkh, called, sworn and examined : Question. Where do yon re.«idc and what is your profession ? Answer. In "Washington. I am the chief justice of the supreme court of the District of Columbia. Question. Do you know anything of the practice said to prevail in the Dis- trict of letting prisoners iii jail, on charge of crimes or felonies, to bail, with in- tent to offer them as substitutes for persons in the District of Columbia liable to draft, or for other persons, and of the connexion of any of the officers of the jail in procuring bail for said persons 1 Answer. All I knov,- on the subject may be told in a very i'ew words. While I was holding a portion of Jiulge Fisher's term of the criminal court last sum- mer, I was M-aited upon by committees of the different wards of the city, and by many citizens, all looking after substitutes to fill the draft which was then pending. The object of their calling on me was to learn whether men for the pur- pose of substitutes could be found in orfurnished from the jail. I replied in answer to their inquiries, that I did not know who were in the jail, or the charges on what persons were confined, and that I should be willing to do whatever I could to aid them compatibly with public justice ; that nobody could be dis- charged from jail except by acquittal or upon bail. I uniformly said to such persons, as well as from the bench, that no man worthy of the penitentiary ought to, or Avith my consent should, be transferred to the army. That princi- ple has actuated my colleagues upon the bench, so tar as it has come to my knowledge. I felt then as I feel noAv, that an able-bodied man fit for the service and guilty of a trifling offence had better be in the army than in the jail. What transpired in the jail and among its officers I had no knowledge of, except from rumor. Question. Did you aid any persons in attaining substitutes from the jail? Answer. I may have given, and I think I did give, a letter to Mr. Beale, the warden, introducing a Mr. IMurphy to him, with reference to procuring a sub- stitute from the jail ; but with no idea or intent of being any party taken as a substitute who Avas guilty of any felony. Question. Did you take bail in any cases of persons committed for a!:d with a vieAv of being then used for substitutes ? AnsAver. I ne\'er took bail Avith any view or for the jnirpose of favoring the committees or any person Avho Avantcd a substitute. I have ncA'er taken bail Avhere a party ought not to haA'e been put on bail. I have taken bail where I kncAv it Avas the purpose of the party bailed to go into the military service. Question. Have you ever taken bail for this object in cases where parties Avere charged Avith felony ? AnsAver. I have not in any case Avhere 1 thought there Avas any proof of the charge, or Avhere, in my judgment, the party ought to be convicted. Question. Do you know of any officer of any court, or of any party connected Avith the jail in this city or District, Avho has directly or indirecth- received any compensation, pay, or remuneration, or gratuity for procuring or aiding in the procuring of substitntes from the jail ? Answer. I do not. Question. Do you knoAv of any persons convicted of any felony Avho haA'e been released or pardoned for the })nrpose of being used as substitutes ? AnsAA'er. I do not. ENLISTING CRIMINALS. ZO John H. Johxson called, sworn and examined : I am a resident of Washington city, and have been for many years. I am a practicing attorney of the District courts, and also a justice of the peace. I liave been a justice of the peace for about seven years. Question. Do you know of parties confined in the city jail on charges for grand larceny, or other felonies, having been bailed out to be mustered into the military or naval service of the United States as substitutes for parties drafted, or liable to be drafted, for such service ? Answer. Not of my personal knowledge ; but it is the current general report that it has been done. Question. Do you know Benedict Milburn, deputy warden of the jail 1 Answer. I do. Question. Did you ever have any conversation with him as to taking out any prisoners ; and if so, when, and under what circumstances, and what occurred between him and yourself? Answer. [ have. About four or five months ago, I met him in the public street, and he asked me if I knew that Mr. Beale, the warden, Avas engaged in the business of taking out prisoners charged with crime as substitutes for persons liable to draft. I said I only inferred the fact from a suggestion made to me by the warden, that if I had, at any time, occasion to commit a person to jail, he would like to be informed of the fact and of the character of the offence charged; and that Beale had said to me that some money might be made by obtaining such persons as substitutes in the army. Milburn stated that it was a nefarious or Avicked scheme to make money, and that it was corruption, and that he in- tended to expose it. This was the substance of Avhat occurred between Mr. Milburn and myself. Question. You have alluded to a conversation which occurred between your- self and Beale, and which you spoke of to Milburn. When and Avhere was that conversation, and what was said by Mr. Beale to youl Answer. This conversation was in the street car, between 11th and loth streets, while I was going to the War Department, and took place about mid- summer. Beal then asked me to give him information as to persons I should have occasion to commit, and the nature of the offence, and said that money might be made by obtaining them as substitutes, or words to that effect. Question. What Avas your reply? Answer. I answered that I committed very few persons, and that I did not think I could serve him in that matter. This may not haA^e been my precise language, but its substance. I never had any further conversation with him on the subject. At this time everybody Avas looking for substitutes, and I did not think that Mr. Beal Avas actuated by any improper motive — I thought he Avanted to help fill our quota. Michael Thompson called, SAvorn and examined : Question. Where do you reside? AnsAver. 1 reside in Washington, and am a lawyer by profession. Question. How long have you resided here ? AnsAver. Since 1848 or 1849. Question. Do you knoAv anything of the practice Avhich is alleged to have prevailed in the District of taking persons from the jail Avho have been charged with crimes, and letting them to bail for the purpose of using them as substitutes in the military serA'ice? if so, state Avhat you know. Answer. I cannot state that 1 know personally of any general practice on the subject, but I can state something of an indiA'idual instance. Question. Will you state it, mentioning time, place, and circumstances, and the persons connected therewith ? 24 ENLISTING CRIMINALS. Answer. It was sonic time last fall. I Avas called upon by a colored man by the name of William Lcary, who requested me to accompany him to the jail to see a colored man by the name of Simmons, I think. I went with him to the jail in a carriage, and I think there was another colored man by the name of Charles Marshal in the carriage. We arrived at the jail about sundown. We found Mr. Benedict Milburn there. I told him I had come there for the purpose of seeing a prisoner by the name of Simmons, but I don't think I told him the purpose for which I wanted to see him. Leary had told me that he wanted to get Simmons out, and if he could, he thought he could get him to go as a sub- stitute. He wanted my professional aid in getting him out. 1 told Milburn that I Avanted to see Simmons. He replied that it Avas too late for that day, that the prisoners AA^ere locked up, and that under the rule no person could be permitted to see the prisoners at that hour, and suggested to me to call the next day if I AA'ished to sec him. I then urged him to relax the rule in my favor. I told him that similar courtesies had been extended to me before, and that I could not conveniently call next day. He finally yielded to my request, and I went up to see Simmons together Avith Milburn. As avc started, Leary asked to go also, and see the prisoner, to Avliich Milburn objected. Leary made an appeal to Milburn, and finally, at my solicitation and Leary's, he permitted him to go. We Avent to the cell. I asked Simmons, and also Leary asked him, if he Avanted to go into the service. He said he Avas willing to go as a substitute if he could be got out. Question. What was the charge against Simmons — was it grand larceny? AnsAver. I iuA'^estigated the charge, and thought the same Avas not Avell founded. I went to the justice (Boswell) Avho committed him, and on talking Avith him, thought the case Avould not A\'arrant his detention. I heard no promise on the part of Lcary to pay William for letting him up. Leary is a truthful man, and lives in this city ; his given name is William. The next day I had Simmons brought into court before Judge Cartter ; I think it Avas the next day. I stated the case to Judge (J.; said I had seen the prosecution and some of the Avitncsses, and that I did not think it was a case of larceny — that avc Avanted to give bail. I think Avhen I tendered bail it Avas in open court, and that Judge Cartter asked the man I tendered as bail Avhat interest he had in the matter and Avhy it Avas he Avent bail. I do not recollect precisely Avhat his answer Avas, but it was such I think as to satisfy Judge Cartter, or induce him to believe that he Avas interested in getting him out for the purpose of making him a substitute. If I recollect right Judge Cartter spoke to Simmons; that he called him up in the court room and asked him if he kncAv that he could get $300 bounty. Very soon somebody, I think this man Long, placed $300 in my hands in open court, Avith the understanding that it should be paid to this Simmons in case he should be released by the court and accepted as a substitute for somebody Avhose name Avas given ; I think his name was Heed. Question. Was Heed present in court? AnsAver. I do not recollect about that ; there Avas some man in the court room Avho said he Avanted this boy for his brother or brother-in laAv. It A\^as stated openly, there was no secret about it. As soon as I received the money I Avent up to the judge and said that $300 had been placed in my hands to be given this boy in case he Avas accepted as a substitute, and that Ave Avere prepared to give good and sufficient bail. I think the judge said, "well bring up your bail, and I Avill hold you responsible that the boy gets his $300 ;" said I, "Judge, I do not like to be responsible for that, 1 do not Avant to hold this money, I Avould prefer to turn it over to the court or to the marshal." I said, "Here is Deputy Marshal Phillips, I Avill turn it over to him," and I did pay it to George W. Phillips, Avith the understanding that it should be turned over to the boy. Question. Hoav high Avas the bail ])laced? AnsAver. I forget, it Avas ample bail. ENLISTING CRIMINALS. 25 Question. Was it less than $300? Answer. I really do not remember what it was. Q,uestiou. "Was the court in the habit of making thj bail lower in these cases of substitutes ? Answer. I cannot say that I ever saw the court receive what I avouIcI regard as insufEcient bail upon any consideration or for any purpose. I know I have tried frequently to get bail down lower than the judges were willing to make it. Question, You acted as counsel for Long, did you not ? Answer. My object was to get this boy out. Long paid me a fee. It is not unfrequent that a person Avill come to me and state that he has a friend in jail, for whom he wishes ine to act as counsel ; but I did not wish to appear in court without first seeing the prisoner, to know whether it met his approval or not. I think it is but justice to Judge Cartter to say that he was determined to pre- vent, as far as he could, any speculation in the way of substitute-brokerage, by requiring me to see that the boy got his S300, and that the brokers did not get it. Question. Do you know how much this man paid Long for procuring a sub- stitute ? Answer. I do not, of my own personal knowledge. Long told me that he got $400 or $450 ; but he will tell you about that, and what he did with the money, if you call him before you. E. J. MiDDLETON called, sworn, and examined : Question. What occupation is yours ? Answer. I am deputy clerk of the supreme court of the District of Columbia. Question. Do you, as such deputy, take bail bonds Avhich are given by parties ? Answer. We take bonds which are sent up by magistrates, and take recog- nizances in open court. Question. Do you keep a record of these bonds ? Answer. Yes, sir. Question. Have you that record here ? Answer. Yes, sir. Question. Can you state what bond was given in the case of W. A. Jackson,. early in October, 1864? Answer. Benedict Milburn was the bail in that case, in the sum of $500. Question. Have you any knowledge of the number of persons who were bailed in your court, for the purpose of being offered as substitutes in the army, between the 11th of April and the present time? Answer. I have no idea; I could not tell for what purpose the bail was given. Citizens usually come from the jail with a slip of paper, stating what the offence is, which is handed to me, and the amount of the bail fixed. Question. Do you know whether 3Ir. Milburn paid the bond, or what was the result in the case of Jackson? Answer. I can ascertain by reference to my book. Saturday, Fchntury 25, 1S65. George P. Fisher called, sworn, and examined. Question. Where do you reside ? Answer. I reside in Washington county, near Fort Bunker Hill. Question. What is your profession ? Answer. I amoneof the justicesof thesupreme court of the Districtof Columbia. Question. Is that a court of criminal jurisdiction? Answer. Yes, sir; it has the entire jurisdiction, criminal and civil, of the Uni- ted States in the District of Columbia. Question. Do you know anything of the removal of prisoners confined on 26 ENLISTING CRIMINALS. charge of crime, from the jail for the purpo.se of being used as substitutes in the military and naval service of the United States within the last year ? Answer. I cannot say that I know anything in respect to their going into the service of the United States. Question. State what you know, if anything, upon the subject within the year past. Answer. I think about a year ago there was a great pressure made about the draft in this District, and applications were made to the various judges of the court to let men go from the jail. My reply, I think, was that we had no power to discharge the jail in that way, but that wherever a man was imprisoned upon a charge of minor character, such as assault and battery or some offence of petty grade, that upon examining into the case, if we found it was consistent with pub- lic policy, we would let the man go upon his own recognizance ; that I would do so in proper cases ; I think a few prisoners went that way ; the military would sometimes ask for them. A good many of them would be discharged soldiers who would get drunk and steal some little thing, as a hat, an old coat, or a pair of shoes. They would be glad enough to get into the army, and I thought they had better be there than in jail. There Avere a few cases of that sort, perhaps half a dozen. On several occasions also, persons applied to me to release men to be- come substitutes for them. I told them I had no power to do that ; there was only one way to get men out who were in prison for crime. If they were bailed out the bail could keep them Avherever he pleased, and if he chose to put them into the army, that was something I had no control over. Question. Have you any idea of the number of persons who were bailed out, as you were informed or believe, for the purpose of going into the army 1 Answer. I have no idea, because after giving that information they would leave me, and I would lose sight of the case. Question. Do you know anything of the case of William G. A. Jackson, who was indicted for grand larceny? Answer. I do not ; but of the twenty-four or twenty-five hundred cases since I have been on the bench, I suppose I have tried fifteen or eighteen hundred and unless there is something very peculiar, I could not recall it. Question. It has been said here that letters were received by the Avarden and deputy warden from the judges of the court in regard to taking prisoners out as substitutes ; have you any recollection upon that subject ! Answer. I have not; I do not recollect writing. It may be that I have writ- ten a letter for somebody Avho came to me and said that he would like to get a substitute, but must have a pei-mit to get into the jail ; I have no recollection upon the subject. Question. In instances where these persons were let out on bail when the cases were called in court afterwards, what disposition was generally made of them ? Answer. You will see by the list of cases, which I believe Mr. Middleton has furnished, that they were nearly all dismissed by the grand jury. I, perhaps, ought to make this general observation, that in the condition the District now is, with all sorts of people from every part of the country, the jail is filled. A great many cases are dismissed by the grand jury, cases where there is no evi- dence and the parties ought not to have gone to jail at all. Quite a number of cases also have been nol/c j'rosscd by the district attorney. Question. In cases where persons were taken out on bail and used as substi- tutes in the army and consequently did net make their appearance in court, they could not be tried, could they ? Answer. No. I think there was some conversation between the district attorney and myself on that subject. He asked me — I do not know whether he talked with any of the other judges or not — what I would do in such cases. I had a great deal of experience in the ci-iminal business as attorney general in ENLISTING CRIMINALS. 27 the State ■where I was born, and I told liim that I would in every case, where I was satisfied that the offence was one of trifling magnitude, allow the man to be enlisted. I thought it was better for such a man to serve his country in the army than to be iii the penitentiary ; that in such a case I would enter a nolle 'prosciiui, but if the case was one of magnitude I would let it stand and try him whenever I cuuld find him. Question. Have you any knowledge of any oflicers connected with the court or with the jail in any way, who have afforded facilities for getting substitutes out of jail for a consideration ? Answer. No, sir ,1 have not the slightest knowledge on that subject. I know that last summer or fall, I heard a gentleman say he had got a substitute from the jail — some Virginian v/ho was not liable to enrolment, who had been guilty of assault and battery on some petty offence — that he got him for a very small sum but did not know how to use him ; that he paid somebody $10 to work the matter through the provost marshal's office and $5 for hack hire, making the entire cost $115. That is all I know about it. I might say farther, that I know the deputy marshal had a bailiff", of the name cf Colclazer, that he dis- charged Colclazer because he caught him in something of this sort. He has been very rigid in trying to find out matters of this sort. Question. What is the name of the deputy marshal ? Answer. George W. Phillips, a most excellent, worthy man. He has been in that place a great many years. He is so strict about it that it is pretty hard now to get bail since he has learned there are rumors about these things. E. J. MiDDLETOi\ recalled and examined. Question. Have you examined your docket to ascertain the number of prisoners who have been bailed by Mr. Beveridge ? Answer. Yes. Question. Have you also ascertained what persons were bailed by Mr. Mil- burn ? Answer. I have. I have made a list of the cases from March, 1SG4, till the end of December followiiig, in which I have also incorporated the disposition of prisoners made in these cases. Question. Is this a statement of the facts as they appear on the docket of the court, and, to the best of your knowledge and belief, do you believe it to be true ? Answer. It is, and I believe it to be true. The following is the statement referred to: Offick uf the Clerk of the Supre.me Court of the Dls't uf Columbia, Washington, Fehniary 26, 1S65. In pursuance of the request of the Committee of the District of Columbia, I have the honor to submit the following statement of cases in which Benjamin L. Beveridge became surety, beginning with the March term, 1864, viz : March 7, 1864, and ending with the close of December term 1864, viz : February 8, 1SG5, as follows, viz : 1. Henry Jones, no bill found by the grand jury. 2. James L. Jones, indicted and nolJ e prosequi entered by district attorney. 3. Thomas Johnson, indicttd in two cases, acquitted in one, and nolle frose- qtd entered in the other. 4. Alpheus Johnson, no bill found by the grand jury. 5. Andrew W. Bear, indicted, not yet tried. 6. Elijah Alsop, no bill found by the grand jury. 7. Paul Jones, do. do. 8. Daniel Chase, do. do. ENLISTING CRIMINALS. ill found by the rrrand iiir do. do. do. do. do. do. do. do. do. do. do. do. 28 10. Win. O. Il.Brunges 11. John IMurling, 12. Alfred Smith, 13. Babe Alexander, 14. Wesley Burch, 15. Henry Smith, IG James Reed, indicted, not yet tried. 17. James Thomas, no bill foxind by the grand jnry, IS. William Anderson, do. do, 19. Benjamin General, do. do. 20. AVilliam H. Light, indicted and convicted, 21. Henry King, surrendered by his 3urety — no bill found. 22. Francis M'Laughlin, do. do. 23. Richard O'Conner, no bill found by the grand jury. I also have the honor to state, that during the same period Banedict Milburn entered bail for but one person, namely, Wm. G. A. Jackson, in which case a bill was found by the grand jury, and a ?ione 2-''oscqi(i entered by the district attorney on the 6th of December, 1864. I find by the record that one Paul Simmons was bailed by one Edward Towers, was afterwards indicted, and a nolle jirosequl entered in his case; that one Wm. A. Simmons was released on his own recognizance, and no bill found in his case; and also, that one John E. Simmons was indicted, and afterwards released on his own recognizance. All of which is respectfully submitted, E. J. MIDDLETON, Dejmty Cleric. I find, on reference to a docket of recognizances, taken in the recess of the court, that licnjamin L. Beveridge was bail in the following cases, in addition to those stated on the preceding page, viz : AVilliam H. PI. Dorsey, indicted, not yet tried. George AV. Seals, indicted, convicted, and recommended by the jury, and a nolle prosequi entered. Edmund Courtney, indicted in two cases, convicted in one, and a nolle prosequi ' entered afterwards in both cases. AVm. Anderson, no bill found by the grand jury. Respectfully, E. J. MIDDLETOX. A. C. Richards called, sworn, and examined. Question. AVhat is your occupation 1 Answer. I am superintendent of the Metropolitan police force. Question. Do you know anything of a man by the name of AVm. G. A. Jackson 1 Answer. I only know him by the records we keep in the office, and by the reputation he has among our detectives and officers of the force. Question. AVill you state what your records show in respect to him ? Answer. I find here, under date of July 15, 1S64, a description of this man as h;iving been arrested for grand larceny and as having given security for court. The articles amounted in value to about $30, and were claimed by Annie M. Steele. Question. AA'^hat became of the case in court ? Answer. I do not know. Question. AVhat is the next entry you have against Jackson ? Answer. The next is under date of September 14, 1864, from which it ap- pears that AA^'m. G. A. Jackson, a notorious thief, arrested on the 17th of ENLISTING CRIMINALS. 29 Augut^t, and charged with grand larceny, made his escape from tlie headquarters of the police office. He was arrested on the charge of robbing the house of John Maddigan of S'550, and a watch valued at $75. Four hundred and forty dollars were found in his possession and a gold watch. He was committed to court by Justice Boswell. Question. Have you any other entry or complaint against him ? A. It appears, under date of November 27, Second Lieutenant Isaac Pierson, of Alexandria, that two soldiers, one by the name of W. Gr. A. Jackson, well known to the detective force, robbed the quartermaster's safe of prisoners' money amounting to 81,100. He is still at large as a deserter, as I understand. John A. Clarvoe called, sworn and examined : Question. State your position? Answer. I am a detective in the Metropolitan police force. Question. State what you know, if anything, in respect to arrests being made of W. G. A. Jackson 1 Answer. I arrested Jackson on the 16th or 17th of July, for the larceny of jewelry from one Annie Steele, who kept a liouse of prostitution, and also for the larceny of $13 50 from Henry Aiken, a soldier In one of the New York regiments. He gave as bail, in the case of the larceny, Edmoud Monroe, his partner. Then, about the 15tli of August, there was complaint made at the office, by Monroe, his partner, of being robbed of a watch, and, I think, ,50 odd dollars. I arrested Jackson on that again, and he was committed to jail for farther hearing. I brought him out for examination, and he made his escape through a window in the otifice. The next I heard of him Avas of his robbing John Mad- digan of $5 50 and a gold watch. I was called off in some important case, and saw him with the passengers on 7th street wharf. I arrested him, but found he was already under arrest by one of our officers. The next I saw of him he came to the office inquiring for a pistol, v/hich was taken from him when lie was arrested. He had soldier clothes on, and said he had been taken out of jail and belonged to the 2d District regiment. The next I heard of him, a man came from Alexandria, and said he would give me $1,000 to catch him ; that he had robbed a safe at the prison in xVlexandria containing all the pri- soners' money. I have never heard from liim since. He was in company at the time he robbed the safe with a man by the name of George Josephs. Question. When v/as it that he appeared at your office and inquired for the pistol 1 Answer. That was after he was arrested for the robbery of Maddigan, and just a few days before the report of the robbery in Alexandria. I remarked, when I heard of the robbery, that I should not be surprised if it turned out to be Jackson ; that we must look out for him; and just then a man came into the ofEce and said it was Jackson. Question. Do you know anything about the circumstances of his being re- moved from jail 1 Answer. I do not; I have had several cases of burglary and garroting that never came to court, and I have always found the men were made soldiers of. There was a man by the name of Dorsey, arrested for enticing a man into an- other man's house, drugging him, and stealing his clothes and money. I found the man the next night, and the gentleman who had been garroted recognized the clothes and proved beyond a doubt the guilt of this party. One of the parties acknowledged it. I saw him in jail afterwards, and that is the last I have heard of him. Question. Do you know that he went into the army ? Answer. I was told that he did. Question. Do you know that Jackson had been in the army previous to his arrest 1 Answer. He said that he never had been a soldier, and never Avould be. Most 30 ENLISTING ClilMIXALS. of these " snakt^ tliieve.<," .'IS W(i call tlicni, those who go into halls and steal overcoats, &c., turn out to be bounty-jumpers. I asked Jackson, when he came to the oliice in soldier clothes, how he caine to be a soldier. He said it was bet- ter to be a soldier than to be in the "hop" — meaning the penitentiary. I re- minded him of what he had said befon;, that he never would be a soldier; he said that circumstances altered cases. Question. Did he say anything about the i)ay that he had received? Answer. He did ; and stated the circumstances, but I do not recollect. Question. Do you know whether Milburn knew Jackson before the time of his being taken out, and knew of the crimes he had been charged with ? Answer. He certainly must have known, as the man had been in jail twice before. Question. Had you any conversation with ^lilburn in reference to the escape of Jackson you have mentioned 1 Answer. No ; he was carried to the head(|uarters of the metropolitan police, and made his escape through a back window of the office. I do not know whether the fact came to Mr. Milburn's knowledge or not. Fecriiarv 27, 18Go. Examination resumed. Robert Bbalb, recalled : Question. What proportion of the parties taken out of jail were black per- sons ? Answer. I think about half Question. Do you know whether your son, Il()bert j\[. Beale, had any con- nexion with Bcvcridge in the business of procuring substitutes? Answer. I do not. I never heard of it. He is a lawyer, and likely may have rendered some professional service to Beveridge. Question. Do you know a lawyer here by the name of John H. Johnson ? Answer. I do. Question. Did you ever hold any conversation with Johnson on the subject of applying for prisoners as substitutes, as a means of making money? Answer. I do not recollect that I ever did. I once said to Johnson that I wish the substitutes could be taken before they got into jail, but I never made any suggestion to him about taking them out with the expectation of making, or with the wish to make, one cent of money for myself 41st CoxaRESS, ( HOUSE OF REPEESE:N^TATIVES. ( Eeport 2(1 /Session. S \ No. 59. 3IETROrOLITA]S[ POLICE. ArraL l'). 1870. — Ordered to lie printed. Mr. Williams, from the Committee for the District of Cohimbia, made the following EEPORT. The Committee for the JDistriet of Cohimhia, to whom were referred Rouse resolutions instructing them to malce inquiry as to the payment of the Met- ropolitan Folice of the city of Washington, respectfully report: That they have made inquiry touching the subject embraced in said resolutions, and find that owing to the delay in making ont the new tax-books during the last half year, said police were not regularly paid, but as soon as collections were made, said police force were iiromptly paid, and at this time there are no balances due to said force, and that hereafter no delay in the payment of their salaries will occur ; and said committee ask to be discharged from further consideration of the subject. 41st Congkess, ) HOUSE OF REPRESENTATIVES. i Report 3d Session. J ( No. 35. GOVERNMENT EOR THE DISTRICT OF COLUMBIA. Febhuauy 15, 1871. — Ordered to be printed. Mr. Cook, from the coiuniittee of conference on the part of the House, made the following REPORT. [To accompauj' bill S. No. 594.] The committee of conference on the disagreeing votes of the two Houses on the amendments of the House of Representatives to the bill ( S. 594^) to provide a government for the District of Columbia, having met, after full and free conference, have agreed to recommend, and do recommend, to their respective Houses as follows': That the Senate recede from its vote of non-concurrence and agree to the amendment proposed by the House of Representatives, with the following amendments, to wit: In section 1, line 0, after the word "Columbia," insert " by which name it is hereby constituted a body corporate for municipal purposes, and may contract and be contracted with, sue and be sued, plead and be impleaded, have a seal, and exercise all other powers of a municipal corporation not inconsistent with the Constitution and laws of the- United States and tlie provisions of this act." In section 2, line 1, strike out the word "reside," and in lieu thereof insert the words " shall have resided." In line 8, in the same section,., after the word " district," insert the words "twelve months before his appointment." In section 3, line 12, after the word " reconsidered," strike out the word "and." In section 4, line 23, after the word " the," strike out the word "officers," and in lieu thereof insert the word "offices." In sect^ion 5, line 5, after the word " members," insert " of whom two shall be residents of the city of Georgetown, and two residents of the county outside of the cities of Washington and Georgetown." In the same section, line 18, strike out the words " qualified voters," and substitute in jdace thereof the word " population." In the same section strike out all after the word " respectively," in. line 21, as far as and including the word " that," line 30, and in i)lace thereof insert: "For the purposes of the first election to be held under this a(;t, the governor and judges of the supreme court of the District of Columbia shall designate the districts for members of the house of delegates, appoint a board of registration, and persons to superintend the election and the returns thereof, prescribe the time, places, and manner of conducting such election, and make all needful rules and regulations for carrying into effect the provisions of this act not other- wise herein provided for: Provided, That the first election shall be held 2 GOVERNMENT FOR THE DISTRICT OF COLUMBIA. witliin sixty days from the passage of tliis act. In the first and all sub- sequont elections the three i)ersons havinj>- the highest number of legal votes for the house of delegates, ies]»ectively, sliall be declared by the governor duly elected members of said house." After section 5 insert, as a new section : '■'• And he it further crmcicd^ Tliat the legislative assembly shall have j)0wer to divide that portion of the District not included in the (;ori)or- ate limits of Washington and Georgetown into townships, not exceed- ing three, and create township officers, and prescribe the duties thereof; but all township otticers shall be elected by the people of the townshij)s respectively." In section 0, line 3, strike out the word " twelve," and substitute in lieu thereof the word " three." In line 4 of said section 6 strike out the words "first election," and substitute in place thereof, " passage of this act." In line 8 of the same section strike out the words " prior to," and substitute in place thereof, " immediately preceding." In line 9 of the sauu^ section, after the word " District," insert " and for all subseipient elections twelve months' prior residence shall b«; required to constitute a voter." In section 7, line 5, after the word "over," insert "upon final judg- ment duly recovered." In section 9, line 20, strike out \\\e, word "provided," and substitute in lieu thereof the word " punished." In section 13, line 7, after the word "elected," insert "or appointed," and after the word " house," insert "as herein provided." In line 11) of the same section, after the word "law," insert "in at least two news- papers in the District." In line 21 of the same section, strike out the words " at the time," and substitute in lieu thereof "in the act." In section 1(5, line 2, strike out the words "local or." In section 21, line 10, after the word " other," add " nor shall said cities, or either of them, be taxed for the exclusive benefit of the county outside of the limits tliereof: Provided, That the legislative assembly may make a])propriations for the repair of roads, or for the construction or Vejiair of bridges outside the limits of said cities." Striktt out all of section 21, after the word " District," in line 7 of said section. After section 24, insert as a new section : "vine/ be it further enacted, That there shall be appointed by the Pres- ident of the United States, by and with the advice and consent of tiie Senate, a board of health for said District, to consist of five persons, whose duty it shall be to declare what shall be deemed nuisances inju- rious to health, and to provide for the removal thereot; to make and enforce regulations to i)revent domestic animals from running at large in the cities of Washington and (ieorgetown ; to prevent the sale ot unwholesome food in said cities; and to ])eribrm such other duties as shall be im])Osed upon said board by the legislative assembly." In section 2."), alter the word "of," iti line 2, insert "legister of wills, recorder of deeds." At the end of section 20 add the following proviso: '■'■ Trovided, That the powers of corporations so created shall be limited to the District of Columbia." In section 29, line 2, strikeout the words " police judge or judges," and substitute in place thereof " other otticers." In tJie same section, after the words "take," in line 4, insert the words "and subscribe," and after GOVERNMENT FOR THE DISTRICT OF COLUMBIA. 3 the word "take," in line 16, insert the words "and subscribe," and in line L'3, after the word "taken," insert the words "and subscribed," In section 32, after the word "Columbia," in line 4, insert "and shall have the qualifications of a voter," and in line 9 of the same section, after the word " representatives," insert " and shall also be a member of the Conimittee for the District of Columbia." Strike out all of section 34. In section 35, strike out from the word "all," in line 2, to the word "belonoiiig," in line 3, and substitute in place thereof the words "real estate." Strike out all of line a and line G in said section 'Sry, as far and inckuling- the word " schedules," and insert "and the grounds which have been dedicated to the public parks and squares." In line G of the same section strikeout the word "two," and substitute in lieu thereof the word "five." In the same section strike out all after the word "taken," in line 10, as far as and including the word "afore- said," in line 12, and insert "and the aggregate of the valuation of private property in said District, whenever nuide by the authority of the legislative assembly, shall be reported to Congress by the governor." Strike out all of section 35 after the word "appoint," in line 15, and substitute in place thereof "and under such regulations as he shall pre- scribe." Strike out all of section 36. In section 37, strike out the word "two" in line 3, and substitute in place thereof the word "four." Strike out all after the word " therein," in line 8, as far as and includ- ing tlie " President," in line 12, and in place thereof insert " one of said board shall be a citizen and resident of Georgetown, and one of said board shall be a citizen and resident of the county outside of the cities of Washington and Georgetown." In line 14, strike out the words "for misbehavior," and substitute in lieu thereof "by the President of the United States." In line 15, strike out the word " ordinances," and substitute in place thereof the word "regulations." In line 16, strike out the words "relating to," and substitute in j)lace thereof the words "for keeping in repair," and after the word "avenues," in the same line, insert the word "alleys," Inline 19, strike out the words " received and," and after the word "disburse" insert the words "upon their warrant." In line 20, after the words " United States," insert "in the District of Columbia," and after the words "property holders," insert the words "in pursuance of law." In line 21, after the word "avenues," insert the word " alleys," and after the word " sewers," insert " and roads and bridges." In line 22, strike out the words " and collect ;" also strike out the words " thi'y shall prescribe fiom," and substitute in place thereof the words " shall be prescribed by law upon." In line 23, strike out the words " owners of any;" also strike out the word " speedily," and substitute in place thereof the word " specially." In line 20, after the word "cost," insert " which sum shall be collected as all other taxes are collected." In line 29, after the word "assembly," insert "all contracts made by the said board of ])ublic works shall be in writing, and shall be signed by the parties making the same, and a copy thereof shall be filed in the office of the secretary of the District; and the said board of public works shall have no power to make contracts to bind said District to the payment of any sums of money, except in pursuance of appropria- 4 GOVERNMENT FOR THE DISTRICT OF COLUMBIA. tioiis made bv law, and not until such ai)i)ropiiations shall have been made. All eontiaets made by said board in which any member of said board shall be personally interested shall be void, and no payment shall be made thereon by said District, or any officers thereof." Alter the word ''District,-' Hne 20, section 40 add : "PrortV?6v/, That the charters of said cities severally, and the powers of said levy court, shall be continued for the foUowini-' purposes, to wit: For the collection of all sums of money due to said cities, respectively, or to said levy court; for the enforcement of all contracts made by said cities, respect- ively, or by said levy court ; and all taxes heretofore assessed remain- ing unpaid for the collection of all just claims against said cities, respect- ively, or against said levy court ; for the enforcement of all legal contracts against said cities, respectively, or against said levy court, until the affaii'i* of said cities, respectively, and of said levy court, shall have been fully closed ; and no suit in favor of or against said corpora- tions, or eitlier of them, shall abate by reason of the passage of this act, but tlie same shall be prosecuted to final judgment, as if this act had not been passed." Also add : " Section 41. And he it further enacted, That there shall be no election holden for mayor or members of the common council of the city of Georgetown prior to the first day of June, eighteen hundred and seventy- one, but the present mayor and commou council of said city shall hold their offices until said first day of June next. No taxes for general pur- poses shall hereafter be assessed by the municipal authorities of the cities of Washington and Georgetown, or by said levy court. And upon the repeal of the charters of the cities of Washington and Georgetown, the District of Columbia be, and is hereby, declared to be the successor of said corporations, and all the property of said corporations, and of the county of Washington, shall become vested in the said District of Colum- bia. i^\ tines, i)enalties, costs, and forfeitu'res which are now by law made payable to said cities, respectiveh', or said levy court, shall be paid to said District of Columbia, and the salaries of the judge and clerk of the police court, the compensation of the deputy clerk and bailiff of said police court, and of the marshal of the District of Columbia shall be paid by said District : Provided, That the moneys collected upon the judgments of said police court, or so much thereof as may be necessary, shall be applied to the payment of the salaries of the judge and other offi- cers of said court, and to the payment of the necessary expenses thereof, and any snri)lus remaining after i)aying the salaries, compensations, and expenses aforesaid shall be ])aid into the treasury of the District at the end of every quarter." And the committee further recommend that the House agree to the amendments to the House amendment herein i)roposed. J. W \ PATTEKSON, H. HAINILIN, Managers on the part of the Senate. BUKTOX C.COOK, JNO. A. BINGHAM, D. W. YOOKHEES, Managers on the part of the House. 4lST Congress, ) HOUSE OF KEPKESENTATIVES. i Report 3d Session. ) ( Ko. 36. PUBLIC HIGHWAYS IN THE DISTRICT OF COLU.MBIA. [To acfompiuiy H. R. No. 304S.] FEBKUA15Y 16, 1871. — Ordered to l)e printed. Mr. SruNE, from the Coiimiittee on the District of Coliiinbia, in;ide the following' HEPOllT. Ill obedience to the order of the House of liepresetitatices passed December 15, 1870, ill the following icords : EesoU'cd, That He Committee for the District of f'oJumhia be iiistrncled to inquire whether the cJiurters of the Washington and Roekrille 'Vurnpike Compan;/ and the Columbia Tnrnpike Roads Company have not been forfeited b;/ idlful neglect and uon-complianee wiih the terms thereof, with leave to report bij bill or otherwise — the committee after (jirinrj due notice to thejjersons interested, tal-ing testi- mony, and hearing those interested, note respectfully report : That there are two tnrnpike roads leading ont of the city of Wash- ington against which complaints have leen made — one generally called the Bladeusburg tnrnpike road, whicii leads from tlie city limits toward the village of Bladensbarg, and the other generally called Seventh- street road, leading from the city limits towaromery (Jounty, and although the testimonj' shows the road is not in the condition re-iuired by the charter, yet it also ai)pears, from the testimony, that the com l»any have ai)plied the whole earnings upon the road, and have declared no dividends since 18(3(5. J>ut still the fact is very apparent from tlni whole of the testimony that the road does not come uj) to the re(|uire- raents of the charter. But Avhile your committee are clearly of the o])inion that these roads liave not complied with tlu' law of their creation, they are equally clear in their o])ini(»n that the judicial and not the legislative department of the Government is tlie ])ro[)er tribunal to decide the question whether a corporation has forfeited its charter. No precedent can be found of "the legislature" undertaking to forfeit a charter, and such a course would, in our opinion, be a most unwarrantable exercise of forbidden power. The i)Ower of the legislature is, however, ample in the premises. It has the undoubted right to comJemn the franchise of a corporation as well as the property of an individual, whenever the i»ublic good may require. This question has been fully considered and settled by the" Supreme Court of the United States, who have decided that the property a)id franchises of a corporation may be condemned in the same manner as the property of an individual, whenever the i)ublic good nmy require, and that the legislature is the sole judge of the necessity and expediency of such condemnation, subject only to the constitutional restraint of makiug\/«.s-^ compensation thi'ivi'oi: (West River Bridge Co. rs. Der and al., Otli Howard.) It has been shown that legal proceedings have been commenced to forfeit the charter of these con) panics, and it is urged in argument that the legislature should not interfere. Tiiis, in the view we take of the matter, is not the true issue. The truesubject for Congress to consider is whether the puhlic ejood requires the condemnation of these roads, the right to do so being clear. Are the facts i)resented sufHcient to authorize the determination that the jtublie f/ood re()uires the (condemnation of these roads? We thiidc they are sufficient and that it is manifestly the duty of the legislature to interfere. The proceedings at law to annul these charters may last many years and in the mean time the people must suffer great and continued inconvenience. If these roads were in the most perfect condition re(juired by their charter, the i)ublic good, we think, would require their abolition. One of them, the Bladensburg- road, has its gate about fifty feet from the city limits, and is a tax u])on all ingress and egress to and from thecity in that direction. This gate lies between the (Mty of Washington and the larg- est and only Catholic cemetery of the city, and toll is collected from every funeral procession when on its way to the grave. Every market gardener and small farmer bringing the i)roducts of his labor to the city over this road is taxed for it. It is in truth a tax upon their labor. It is numifestly unjust to deprive the people whose business leads them to or from the city over these roads of the benefits of the free ingress aiul egress wdiich is enjoyeerty of cmcIi. and licrewith r<»port a bill to carry out these provisions. VVashinujon, 1). C, Jamuiry 14, 1«71. Tbt; (iuiniiiitteu met ; Mr. Muzzy apiiejued for the objectors ami Mr. Temple for the turnpike company. Mr. Muzzy stated that the ohjeetors complained of the violation of the charter granted to the turnpike company, dated April 2.5, 1810. which re((uired the company to canse at least twenty-four feet iu breadth throuohont the whole length of the road to be made an artificial road of stone, gravel, or other hard substance, of sufficient depth and thick- kuess to secure a solid and firm road, and to be so nearly level that it should in no case rise or fall more than at an angle of four degrees from a hoiizontal line, and required the road to l)e kept iu good and perfect repair, and bruiges to be built of sound and suitable materials. The objectors complained that it was not au artificial road of twenty-four feet iu width throughout the whole length; that it was not made of stone, gravel, or other hard substance, but^that in places it was made of mud and sand. They complained that it was not level ; that it was not kept in good repair ; aud that the bridges were not built of sound and suitable materials. The objectors also alleged violation of the charter in the 12th section of it, whicli provides that wheuever the net proceeds of tolls collected shall amount to a sum suffi- cient to reimburse the capital expended iu the purchase of the land .and the uuikiug of the roa'i, with 12 per cent, per annum thereon, the road shall become free and toll shall no longer be collected ou it, and prov ides that the company shall aniuiallv make returns to the cir;k. I understand your objection to be, first, that the company has uot com- plied with the terms of the charter iu keeping the road of the prescribed width or iu making ir, of the prescriltcd materials ? Mr. iMiv.ZY. Yes, sir. Mr. Stone. And, secondly, that the company has not complied with the terms of the charter in iu;glectiug to return to the circuit court of the District of Columbia a state- ment of the amount of tolls received aud of the expenses ? Mr. Muzzy. Yes, sir. The first oljjeetiou is that the road is not made aud kept in repair a<'cording to the terms of the charter; and the second, that the com])any has not made leturus to the co\irt according to the terms of the charter. Mr. M< KiCNZii;. The chartf^r is too long in operation to take up now the question of the maun0 or HO year? to tiud if the road was originally built right. 4 PUBLIC 11 Kill WAYS IN THE DISTKICT UF COLl'MinA. C'i.Aj{K Mii-LS swdiii iiiid ('X.imiiicd. To Mr. Muzzy: My rosi(loiie(5 is in llic ooinity il- over tlie road for the last few ycars, and what its condition has been ? — Answ«'r. I had my attention bron'o through tlie fields on Mr. Hickey's farm. Q. Were any ellbrts nnide to re))air the road at tiiat time f — A. No, sir; no efforts whatever. I went myself to the president of the road, Dr. Gunton, and stateaii a road. 1 to]ring of ISlJO the road was in an impassable condition. In going to the city we were compelled to travel through the adjacent fields. At that time I had oc- PUBLIC HIGHWAYS IN THE DISTRICT OF COLUMBIA. O casion, thiougli some of tlie papers, to call attention to tlie inlmnian manner in which the corpses going to the cemetery were jolted and jostled. I think that during that spring there was no toll charged. I do not think there was any toll-gate keeper there at all. Everything was free there for sev^eral months, whih' the road was in that con- dition. As ti) the width of the road, I have frequently had occasion to measure it by my step, and my own judgment is, that the road is not over twenty-one feet wide in any place. From the toll-gate, on toward Mount Olivet cemetery, the road varies from eighteen feet wide, from bank to bank, to twenty-one feet. My fatiier, who lived with me, had his linger broken by having his buggy npset, from not being able to pass a team on the road. By Mr. Stoxk : Question. How much of that eighteen or twenty-one feet is gravel road? — Answer. It is difficult to determine. I should suppose that 'there had been alittle gravel thrown on the center of the road, and that it had been dispersed tow ard the sides. As you get to the sides of the road the gravel gradually decreases, but it is not deep enough in any place to stand the frost, or prevent the road being cnt through by the Avheels when the rains come. liy Ml". Muzzy : ti. Are there rnts in the road, or is tiie road smooth and level ? — A. The road is not what we would call smooth or level ; it is what you might call a very ordinary, com- mon country road. Q'. How much n^pairing is put ou the ioad annnally, on that part of it which you travel over ?— A. I can hardly estimate that. I have sold the company gravel to the amount of about twenty-four dollars, and I think they may have put tweuty-five or thirty dollars" worth of "repairs on the I'oad. They bouglit gravel from me, and I think they bought it nowhere else. The gravel which they got in other parts was clay and gravel mixed. Q. Has tiiere been any macadamizing ])nt on the road since you have been there? — A. No, sir, except to till up a hole now and then. They would put it in the center, about six or eight feet, and then, as the outside became impassable, wagons would drive on this and si)read the gravel. Q. Is it possible for two wagons to pass each other altreast on the graveled part of the road ? — A. A^o, sir, it is not possible. Q. How is it about two loads of hay passing each other ?— A. They conld not do it on the road proper. Q. How about the bridges — can two vehicles pass on the bridges ? — A. There are but two bridges on the road. Two loads of hay cannot pass on the bridges; but two vehi- cles can pass, l»y one vehicle making room f(U' the other. The difficulty in driving to Mount Olivet Cemetery is, that funeral processions take the center of the road, and '■very gentleman jtassing up the ro.id is compelled to join in the procession for about half a milCj not being nble. to ])ass. By Mr. Stoxe : Question. Is that a large cemetery ? — Answer. Yes; it is the cemetery where all the Catlndics in the city are buried. I presume the interments average from three to five a day. Q. Is that the only road to get there ?— A. It is the only road to the cemetery. Mr. Muzzy stated that the interments at Mount Olivet Cemetery, from June 1, 18liH, to December :51, 1888. were n78 ; the interments for 1869, 649 ; and the interments for 1870, 674. Q. HowM'ar is it fnmi the toll-gate to the cemetery?— A. Between half and three- (luarters of a mile. Q. Has the road been in the condition which you have spoken of every winter ? — A. Not in as bad condition as it was during that season. It (h>pends upon whether the weather is cold or wet. If we have a rainy season, the road is impassable ; and if we have a cold spell, when the frost comes out of the ground, tlie road becomes impassable. By Mr. McKknzik : Questu)n. Do yon know how long the road has been rented to the toll-gate keeper '! — Answer. I do not know. He has been renting it, I think, since I went there, which vas in 186."). By Mr. Stu>'k : Question. Have they bought all the gravel that was used on the road from you f — Answer. Yes, so far as I know. They have taken some from the banks outside, but it was a mixture of gravel and clay. I iirj; ncid, abniit a mile ami f liitc-i|iiart»-i.s jVoiu tlir- toll-gatc. I liav(3 lived tlieve siiu-e a year last Uctolier. The road has been in a, very l)ad eondition for a turnpike road. 1 have traveled on. a jjood many turnpike roads in Virjiinia and Maryland. Question. You have heard that the charter reay one-third of tln^ tolls, and the tenant was to pay two-thirds. I paid $1{>, and I i)resunie the tenant ])ays the other two-thirds, Avhich will make .*:W in all. The road will Ik; worse than it is now, if rain comes; but theie is very little mois- ture in the grouud, and eonseijuently the country roads have not cut u]) niucli yet. By Mr. Tkmpi.e : Q. You say that yon have been in flic habit of passing over riic turnjiikc roads in Virginia and Maryland; were none of them so bad that wheels could not jienetrate ? — A. I have traveled over the Shenandoah Valley turni)ike road and the Northwestern and Western Virginia turnpike roads, away out in the Wilderness, and from Freder- ick to Hagerstown, and from Hagerstown to Williamsport, and from Ifockville to Georgetown. )jut nc\ cr found a road so bad as this. I do not say that all the road is like that nc^ar my gate. 1 do not call that a pike at all ; T call that a dirt road ; there is no gravel at all upon it. By Mr. Stonk : Q. Do you know anything ahdut tin- widtli nf tin- mad lictwtiii llic ditchesf — A. No, sir. Q. Can two loaded teams pass / — A. Not on the solid road. In sonn^ i)laces they may do it. The road certainly is not twenty-four feet of hard material in all places. By Mr. McKkxzie : Q. You think it a mighty poor road to lead to the seat of the Federal Government .' — A. I consider it a disgrace "to the Fuited States Government to have such a road clos.- to the city. Anton Kupkkt sworn autl (examined. To Mr. Muzzy : I live on the line of tlu; Bladensburg turn])ikc, ainmt three-quarters of a mile fn»i; the toll-gate. I am a butcher by traite and drive teams over the road every morning, lu 1865 and 186B I had to go to uiarket every morning, and the road was so deep that the horses sank in it and I had to send back to get more horses to haul them out. That hapi)eued not once but several times. Then I had to cut through my place and to take another road. Question. What is the condition of the road uow ? Is there twenty-four feet of it in width of stone or gravel ? — Answer. There is no stone on it ; there is a little gravel on it in some i)laces. Q. How about two teams ]>assing on the road ?— A. Two buggies nuty pass, but noT two hay wagons. I have had many a time to wait behind a hay wagon until we got to tlie toll-gate Ijefore I could jjass. Q. How is the road for hauling heavy loads .' — A. Aery bad. By Mr. SroNK : Q. What is its condition now .' — A. 'folerably lair. There arc smiie few hole.-* in it. luit not many, because we have had no 1)ad sjiells of weather tiiis season. Q. How was it last spring ?— A. It was tolerable, too. During the tinu- that the road was so bad there was lU) toll collectead and spongy. Washinotox Dicxsox sworn and exanuaed. To Mr. Muzzy : 1 live on the line of the Bladenshurg turnpike. I lost a horse on that ruail in 1835. I started from home one morning with a light load, and the horse sank up to the knees in the mud. I took her out of the wagon and got some folks to help me draw the wagon out. I put her iii the wagon again and got a Uttle way farther, and there again had to take her out. When I got as far as the toll-gate I then had a good road and got safe to market ; but when I got back again as far as the blacksmith shop on the turnpike road, I had to take her out of the wagon ; she gave out entirely. I started to take her home, Init she could not get home, and died that day. I bought her from Mr. Dnnu. I gave $35 for her, but would not have taken .f 100 for her. She was in good condition when I started with her that morning. I live about a mile and a half from the toll-gate, and about half a luile from the road. It is a toleraldy good mnd road from the turnpike to my house. C. E. Creecy sworn and examined. To Mr. Muzzy : 1 have to pass Mr. Peter's place to get to my own place. On that portion of the turn- pike road there is nothing at all but dirt. Passing there with a horse and carriage I broke down in the middle of the road. I broke the traces and ])art of the carriage, which cost me four dollars to have repaired. The mud was up to the axles of the cai-- riage. That was last April or May. That was just before you reach the boundary line. I do not think that any stone or gravel has been put on the road, to my recollection. By Mr. Temple : Question. Do I understand you to say that there is nothing but mud from Mr. Peter's gate to the end of the road f— Answer. No, sir; I say that as to about a hundred yards of the road. A portion of it has been graveled siuce then. Q. Have you ever measured the road ? — A. I stepped it over ; and in some places it is not more "than eighteen or nineteen feet in width ; and there are deep gulleyson either side, which, if a horse ran away, or if a buggy were upset into, would endanger life. There is in) barrier or fence protecting the road from these gulleys. On the left-hand side, going from the city, and not a quarter of a mile from the boundary line, one of the gulleys is eight or ten feet deep, and the guUey on the other side of the road is about five or six feet. By Mr. Muzzy : Q. Is the road twenty-four feet in Avidth, of stone, gravel, or other hard -.ubstance, through the entire length of the road '? — A. No, sir. Q. Has it been since you knew it f — A. No, sir. Q. How long have you traveled over that road f — A. Ten years. By Mr. McKexzie : Q. How long has it been leased to the toll-gate keeper ? — A. I have heard it statad by persons who conversed with Mr. Benson, that he leased it before the war, and still con- tinues to lease it. It is the general belief that they charged toll to all the Army wagons. Mr. Muzzy put in evidence the following certiticate from the clerk of the supreme court of the District of Columbia, which court succeeded in 1833 to the duties and powers of the circuit court of the District of Columbia : SurKEME Court of the District of Columijia, Clerk^ii Office, January 16, 1S71. I hereby certify tliat I have been clerk of this court since JIarch, 18G3. And I further certify that during tlie time I have been clerk as aforesaid, the presi- 8 PUBLIC HIGH WAYS IN THE DISTRICT OF COLIIMIUA. dent, directors, and eonipany of Ihe Colnnibia tnrnpiUo roads have not annually made returns to this court of tlie amount of^tlie ti>lls collected by them and of tbeir neces- sary expenses, nor have they nuide any such returns at any time since I have been clerk as aforesaid. Given under my band and ili<' seal of this i-onrt, at Washington City, D. C, this Kith flay of Januarv, A. 1). H71. [SEAL.] ■ K. .T. IVIEKiS, rUrk. C. M. Ai,i;\.\.\i)i:i: re<-alleil. By Mr. Mrzzv : Question. State whether there is any portion of the road diflicult lo travel in sunnuer Tiy reason of sand 'I — Answer. There is a (lortion of the road borderinj^ on Mr. Peter's farm, which is a deep sandy road, wluirc I hi' sand is sonn'tiuios five or six inches deep. It is always difliiMilt for a lit^avy team to p:v over it. This piece extends for two or three hundred yards. I think there is no gi-avel on it. If there has been any gravel l)ut there it must have been a little put in the center; but I do not think there is any jiravel there. It is a heavy sand road, such as they have in many parts of Maryland. Q. How long have you noticed it in that way ? — A. For the last five or six years — since I have been traveliny,- ov<-r the road. C. E. Chkkcy recalled. By Mr. Mrzzv: (Question. You have hearil what Mr. Alexander has stated about a portion of this road being covered with sand. State what you know on that point ? — Answer. That portion of the road lies between Mr. Rives's and Mr. Clark Mills's, and borders on Mr. Peter's farm. In the sunnncr tinu; it is the worst part of the whole road. It is toleral)ly good in the winter time. That sandy portion covers, I should think, one hundred and fifty or two hundred yards. The sand there is generally three or Ibnr inches deep. It is not covered with gnn'el or stone. Q. How long has it liecn in that condition ?— A. Ever since I have been traveling over it. I have never known it to be different. That is eight or nine years. I think they have got a liUle gravel now on the sandy ))ortion. William Foksytii sworn and examined. To Mr. Cni:i:cv : I am a surveyor by jircd'ession. I have made this survey now presented to lue. I ■Wint out there' by special requ(;st and made that little sketch of the road. It is a true sketch of the road. (The sketch was \n\\ in evidence.) To Mr. Stonk: The width of the road at the toll-gate, from fence to fence, is lifty-two and a half feet, I think. Question. "What is the width of the gate ?— Answer. Sixteen and a half feet. That space of sixteen and a lialf feet ( xtends some twenty feet or so from the gate. By Mr. CnEKCV : Q. Did you measure the road a short distance above the gate .'—A. I exanuued the -whole road some time ago, but did not makaid -ifl^O a month, and did the repairs. Dr. Gunton gave me $500 toward one repair. Since then, when I got some gravel from Mr. Alexandei', he gave me, I think, $250. The year that Dr. Gunton gave me $500 the repairs amounted, I thinic, to ovei' itHl.OOO. That was in 18i35_or 18.i8. My contract for the road is not for any specified time. 1 can abandon it whenever I choose. Any trifling repairs that are. necessary 1 attend to. If I found a culvei't out of order or a hole in the road I would have it tixed. That was my jigreement with the company. I Iiave never known any- body to be injured through being thrown out of a buggy on account of the bad con- rice. Then it was reduced to $8>, and the company was to do the repairs, except some trilling matters which I would attend to. That new arrangement Avas made, I think about 1868, and I have been working under it till the ])resent time. By Mr. Templk : (Question. It is ]»rovided in the charter that just and true ace mnts shall be kept afe the toll-gate ; did Dr. Gunton explain to you the necessity of keejiing the books? — Answer. — Yes. Q. Did you do it ? — A. To the best of my ability. By Mr. Muzxy : Question. How much numey have you expended last year in repairs hu ih- iia.- of road f — A. I cannot tell. 10 PUBLIC HIGHWAYS IN THE DISTRICT OF COLUMBIA. C^. How iiiauy haiuls wcir employed on the road diuiiif;' tliat time .' — A. I Tiever kept ail aeouiit. Q. What wore the receipts of the road hist year ! — A. I caiiuot tell. Q. How loiis>- is the road '! — A. It is railed three miles. <^. Is that road, throiij;hont its eutire leiij^th, ojraveled for tweuty-foiiv feet wide, with the other evening, when I Avent up as far as the cemetery. It was a verj- good road then, I thought. Questi<)n. Is thert^ any difficulty in two vehicles passing each other? — Answer. 1 was sitting in my buggy the other evening at the toll-gate, talking to the keeper; my buggy was a little diagonal, too, three feet from the one side; a hack came up. I sup- pose at the rate of six miles an hour: when it got close to me I felt a little scared, but it went by ami never touched my bugay or the other side. I think the toll-uate is al>out 16 feet wide. By Mr. Muz/.v : Q. Do you know whether that load. tiiroughout its entire length, is sixty-six feet wide .' — A. I do not know. Q. Do you know whether, throughout its entire length, there is twenty-four feet of artiticial road, of ston(>, gravel, or other hard sul>stancef — A. I cannot answer that question as knowing it. Q. Do you know whether it is of stone, gravel, or other hard, substance, of sufficient depth or tiiickness to secure a tirm. hard road, with surface as smooth as the materials will admit .' — A. I cannot answer that question. All the examination I ever uuule of the road was from general observation. Q. You know nothing of the dimensions of the road, nor whether the company has eomplied with tiie recjuirements of tlu' charter in adhering to those dimensions? — A. I ilo not know anything about it. Pathick Chowi.KV sworn and examined. By Mr. Tkmi-i.k : I have known tlie liladensburg tnrnpike road since 1811. I was at the making of it when I was sx boy. Whenever I went over it I always foiuid it in good conditiou, except in the spring, when you will find ruts cut in it as in all turnpikes. I always fouml it better than half tiie turnpikes, and l)ettt>rtliau our own streets in tin* city. I Inivelieen a contractorof tiuiqiikes and railroads for forty years. I was on the Bladens- bnrg tiirniiike on tlie ■'"'tli of Dicemlx'r last. It was then what we c:ill first-rate. It was in good traveling order. 1 did not see a nit in the whole of it. 1 cannot see vrhy our friends are making so mu<;]i fn-. Does not the condition of the road depend ou the weather — good in good weather and bad in bad weather ?— A. Certainly ; that is so with all roads. Q. Have you never seen a turnpike which did not get muddy in bad weatlier .' — A. No, sir ; I did uot. Q. Is that road 63 feet in width throughout its eutire length? — A. I cannot auswei that question. Q. Is it an artificial road 24 feet in width throughout its eutire length, made of stone, gravel, or other hard substance !? — A. I judge that in some places it is less than 24 feet, bnt I guess that much of it is more than 24 feet. The road has been graveled and re- gravtdud, and the gravel has worn out. Ou the top of it the gravel does uot show, but there may be gravel there if you dig down. Q. Is there any sand on the- road ? — A, There is in places. Where Mr. Peters's farm is there is sand. The road was rounded up last summer, and sand put on the top. That is the only piece of the road that does not show gravel. il- Have you ever measured that road ? — A. I heard I was going to be summoned, and I measured some i)laces yesterday with a stick. The least width of where I meas- uied, where it is safe for persons to travel, is about 22 teet. Q. Then I understand you that in many places tlie r-oa.d is but 22 feet wide? — A. lu one place. 12 PUBLIC HIGHWAYS IN THE DISTRICT OF COLUMBIA. Q. How lar does that cxtiMHl f — A. A small ]ii('cc — about four feet. Q. Did you ever know a fiMieral to l)e.stall('y being thrown out of a buggy on account of the bad condition of the roa place where the gravel was freshly put on was, I sliould say, 15 feet. Q. Do you know whether that road, throughout its entire length, is 66 feet in width, from feuce to fence ? — A. I should think it was, but I am not a judge of distances. Q. Do you know whether it is an artiticial road, 24 feet iu width, made of gravel, stone, or other hard substance ? — A. I cannot say as to that. I can testify as to the general condition of the road. The road is very hard and firm. I could not trot my horse last Sunday on a portion of H street, but I could trot him along on the toll- road tirst-iate. The general condition of the road is much better than H street, especially that part from the toll-gate to the cemetery. It is in very hard and goctd <-onditiou. yir. Davidge put in evidenc(> the account of tolls and of expenditures on the road. Wa.shingtox, D. C, January 23, 187 J. . . — __^», — „^., _^. ^., ^ — ^ — , ^Ir. Muzzy called the attention of the committee to the act of February 15, 1819, page S2, 3 Statutes at Large, authorizing the extension of the road of the Washington and lockville Turnpike Company in Maryland into the District of Columbia, upon the .'olumbia Turnpike Road Company surrendering the i ight to build the road, and provid- ug that the act in ndation to the width of road, &c., of the Columbia turnpike road, lassed in 1810, should be in force, and should apjdy to that road. This act re(|uired H. W. Bkewku, sworn and examined. To Mr. Mt'zzv: I reside iu Georgetown, and am a civil engineer. I have exannned the Washington and Rockv^ille turn])ike road, and hand in a plat of that road. I uuule the examination in <2onnection with Mr. Forsyth, some tinu' in December, 1870. The tbllowing is a correct i'opy of thi' statement made about it : GKOiuiETOWx, 1). C, DecTinbcr 11, 1870. Sir: In company with you, I have (sxamined into the condition of the Seventh street road, from Boundary street to the Maryland line. The tbllowing is the result, taken from notes and nieasureinents made on the spot: From Boundary street to station No. 2, on the accompanying sketch, road-bed uneven and in ruts, but foundation solid. Bridge l)etween these points iu good order. From No. 2 to No. 5, (toll-gate,) good gravel road. From No. 5 to No. 6, road-bed clay and sand. The culv(>rt at No. (i not in very good order; north wall bulges, and no protec- tions on sides. From No. 6 to No. 7, loose sand and Hat in the nii has good covering but is w.ished at bottom and ui)])er end, and has no protection for travel. From No. y to No. 10, road in very bad condition. From No. 10 to No. 11. the road is mac- iulaniizod, but it is in such a condition that the road would be bem-fited by its removal. PUBLIC HIGHWAYS IN THE DISTRICT OF COLUMBIA. 13 The bridge at No. 11 is built upon foundation Avails three feet high, with plank sides abont twelve feet in height. The railing is in dangerous condition. From the mirth- ern end, for the distance of two hundred and forty feet, there is a liigh embankment entirely unprotected, and is very dangerous to night travel. From No. 12 to No. 13, the road is macadamized, and is in fair order. From No. V.i to No. 14, the road is of sand, with patches of macadamizing, loose stones, «S:c. From No. 14 to No. IG, the road is from twelve to Hfteeu feet in width, and is fairly graveled. From No. 16 to No. 17, deep sand. From No. 17 to No. 18, macadamized, but much worn. From No. 18 to No. 19, road commences with four feet of macadimizing and euds with ten feet ; the whole is in bad condition. From No. 19 to No. 20, sand, with patches of macad- amizing. From No. 20 to No. 21, road in fair order, and about tifteen feet wide. Froui No. 21 to No. 22: About one-half of this portion of the road has well-worn macadamizing; the balauce is in better order, and a1)out tifteen feet wide. From No. 22 to No. 2"J : One thousand and twenty feet of this portion of the road is macadamized, and is in good order; the balance is in bad condition. lu reviewing these notes, there can be no hesitancy in answering the questions pro- l^ounded to yon by the attorneys of the levy court as follows: 1st. The road is not made throughout its entire length twenty-four feet wide of " stone or gravel, or other hard substance, of sufficient depth and thickness to secure solid and tirm road." 2d. The surface of the road is not as " smooth as the material will admit. " :M. The road in no case rises or falls so as to make an angle of 4^^ with the horizontal line. 4th. The road is not in " good and perfect repair." .')th. The bridges are not built of "sonud and suitable material." You will tind accompanying this, a sketch of the road enlarged from Bosclskc's snap of the District. Respectfully yours, &c.. H. W. ]^>]|E\VI:R, Civil Kiuiiimr. William Forsyth, Civil Kin/ineev. By Mr. Stone : By Mr. Muzzy : (^. What is the entire length of the road within the District "?— A. 25,300 feet. q. What is the length from the city limit to the first toll-gate ?— A. 7,C00 feet. Q. Is it your judgment tliat the road, including that part of it which is macadariiized and graveled, is 66 feet in width throughout I — A. I did uot measure it, but I should judge it is about 60 feet. I suppose the width is all right. Q. Are you coutident' that the road is not, throughout its entire length, 24 feet in width, of stone, gravel, or other hard substance ? — A. I am perfectly sure of it. By Mr. Williams : Q. What is the average width of the macadamized ]iart of the road ? — A. Some plaees it is only 8 feet, and in some places 5. I do not think that in any place it is over 20. Q. Would it average half the width of 24 feet f— A. I hardly think it would. Q. Is there any part of it graveled light, in your jiulgnient ? — A. Not a good graveled road. It has had some gravel U[ton it. In some places the road-bed is very good, but it is rather flat, I thiuk — not crowned. The greater portion of it is sandy, and rather deiip sand at that. [The plat of the road was put in evidence, as follows :] (For plat of road see original mannscript.) CiiAULUS H. Bliss sworn. To Mr. Muzzy : I am a civil eugim;er ; I am acquainted with the road known as the Seventh street turnpike; I have traveled it moie or less within the last ten years. Question. You have hcaid the requirements of the charter stated by nve as to the 14 PUBLIC HIGHWAYS IN THE DISTINCT OF COLUMBIA. width ol" tlio iojhI ; that it wais to ))c !24 I'cct, of gravel, stone, or othoi' hard siil»rsraiict> throughout its cut in- h'ligth. Ls it your judgment that that has been complied with ? — Answer. No, sir; not hy any means. Q. What is tlit^ condition of the road ? — A. In muddy times the load is very bad. I recollect, sonu5 nine years ago, getting stalled there with a ])air of horses and carriage. Since then I have been over tlie road a great many times. On another occasion, when I liad my own team haiding a wagon, the road was so bad in one sandy place that 1 Imd to get out and walk the hills, and in many ])laces it is dangerous to attempt to get from th(^ side on to the stone in the center of the road. I consider it a daug(>rous road to travel over. I was v«'ry much surpris(>d that such a road should be called a pike. The bridges are . Between Howard University and the city are there any high banks ? — A. Yes; there are several i>laces that I consider dangerous. Q. Can two carriages pass over the bridg<^s together? — A. I think that perha])S they t-ould on some of the bridges. I always hurry over the bridge, so as not to nu'ct any other team on the bridge. I do not think that a carriage and a load of hay could i>ass each other on the biidges: it seems to me very doubtful. I have been city surveyor of Washington for two years past, and hav(^ had twenty years' experience of building roads and canals. I never saw such a tnrn]tike ; I would not call it a turnpike ; it is not worthy of being called a common country road. You may travel o\i'r any coun- try road in Maryland and be safer than traveling over that road. Q. What amount of gravel or stone do you think necessary for a road 24 feet in width ? — A. It should be at least 18 inches of gravfl in the center and K on the sides. By Mr. St( )X].: : Q. Wliat would be the cost per mile of building such a turnpike '! — A. I should think yon could no*^^ build a good turnpike road, sucli as I speak of, short of from |:5,()()() to .$.5,000 a mile, to put up suitable bridges ami everything else. Q. Would that include the purchase of the land? — A. No, sir; simply foi' building the road. Q. AVhat do you suppose a road like this one could be built for/ — A. I should not think that this road would cost half as much, or pi'rhaj^s more than one-thii'd. but that is merely a rough guess. Francis Mii.I.kh sworn and examined. To Mr. MrzzY : I am an attorney-at-law; I reside in Montgomery County, Maryland; 1 am familiar with the road known as the Seventh-street pike, and hav(> been for twenty-li\ e years. Within the past twelve years I have resided in Maryland, and have been very familiar with that road. 1 walked over the road last Saturday, with a view to <'xaniining its condition. Question. Statt' the result of your observation that day. — Answer. The result of my observ^ition is entirely conlirniatory of tin; report of ^Ir. Jb'ewer. I made some rough notes", as I went along; but it is hardly luicc^ssary to encumber the record with it, be- lause I agree lu'ec-isc^ly witli Mi'. Brewci'. There are two large culverts and two lu'idges on the load, on either side of which it would ln^ very dangerous for a carriage to go over. 'J'he culverts have no jjrotection, no side railing at all. 'One of the bridges has partly a railing, but it is just in that condition that a child could push it down with- out tiie least ditheulty. If a drunken nnin staggered against it, he would fall over and carry the railing with him. The tirst bridgt! has underneath it a partly stone wall. On that there are some upright ]»osts. and across those is nailed some plank, and the ••arth rests against that i)lank. The a])i)roa(di on either side for forty or tifty yards is only fi'om 14 to 1<) l<'it \\ idr. and (piile i)reciiiitous, so that if two wagons were to meet thcn^ they would have diflicnlty in passing. It is entirely impossible for a carriage to pass a load of hay there. The bridge is about 14 feet wide, (1 give the measurements as I ste])ped them,) and the railing is in the condition in which I have stated it. At th« other bridge, which is further out, beycnnl the second toll-gate, there is no railing on one side, and on the other side there is a railing which consists of ni)right posts that are nailed on. The middle ones rest on the Hat ])art of the bridge, and then they arc toe-naih'd. 'I'he others run dow n the side ami are spiked to the side of the briflge. Tlu^rc is nothing buried in the ground at all. The rail is held entiicly by these nails. The boards along the side and across the toj» have been nailed at times, and one end or other is freipiently nailed now, but there is haiilly ever a case when the board is nailed on both ends. 'J"ht! width is like the othei" briilge, and the aiiproaches are quite precipitous. The wh(d(^ surface of t lie road is dat. I letcHl ; I mean the road from the District lino to RockviUe. This charter was obtained ou tlie pretense that they were going to build a turnpike from the city of Washington to Rockville. They have undertaken to build it out to the District line, and are collecting toll on it. The Brookville road from the city limit is on an entirely different charter ; that was built, I think, from IH.54 to 18,56. In the twenty- tive years that I have known the road, there never has been a toll-gate there, and there has not been any pretense to have control over that road by any corporate company from the District line up four miles. At the village of Leesburg the road goes to the xcft to go over Rock Creek, but there is not cxow a tradition that speaks of tlie exist- i'uce of this road. By Mr. Stonk : Q. This turnpike, so built, goes to Brookville. and not to Rockville? — A. To Brook- ville. It is on the road to Rockville for four miles, but it is under an entirely different charter and company. Q. So that there is no turnpike road now leading from the District limits to Rock- ville ? — A. Not only that; but I do not believe that a good load of any kind of Huiterials could get by that way to Rockville. There has been no turnpike there. That company and two other companies depend entirely upon this Seventh-street road to get to the city. There are two other turnpikes that empty into the Brookville pike. This Brookville pike, with the Sandy Spring branch; is IW miles long, and there are two turnpikes in course of construction that will be 21 miles long, making altogether '.IS or 39 miles of turnpikes, which the citizens of Montgomery County have built in order to get to the city of Wasliington ; but when they get to the District line, they are turned into a slough of Mesjiond, and find al! their lal>or lost. WASTiix(a()N, 1). C., Jaimarif 2i, 1871. {'. E. Ckkkcy sworn and examined. To Mr. Muzzv : i am familiar with the Seventh-street turnpike. 1 have been familiar with it 8 or iJ years. I have been over it frequently within the last 4 or .5 years. Thei'O are two toll- gates on it within the District line. The condition of the road is bad. I was over it last Saturday, and found it in some places very bad. There are some places where it is not macadamized. I cannot call to mind particularly the spots. I noticed that the road is not nuu'e than 18 feet wide near a bridge there, and that it is a very dangerous place. In the early spring and the latter part of winter the road is very bad, muddy, and rutty. Ten or twelve years ago they called it the Seventh-street plaidc road, but I never knew why, except that there were some few planks in some places. I have paid t(dl ou the road whenever I went through the gate. The farmers along the road di>mplain of the road being bad, and they all want the toll abolished. There is a great deal of travel o\ cr the road. I counted upward of 20 wagons — what they call Vir- ginia market wagons — coming down the road. It strikes me that if all that pass pay roll, tliey must have a good revenue. I have not iu>ticed any recent repairs on the roail. 16 iniBJJC HIGHWAYS IN THE DISTRICT OV COLUMBIA. I should not Mii>)i»si', tli;it, tliiM'c, have bL^i".i aiiy r{",>iii-.s put o'l for a yi-aror two. Tliurc is ii hridj^t^ ahimt h lU-way ht'twoiMi the first toll-gatii and Urij^litwood, whicli i.s very (hiiijreroiis. I recolh-et driviiiji; over it once with a IVactions horse and I came iieaily jjjoiuji; over the side of it. I woulil liardly liave escap'd witli my life if I iiad. Tiie ruilinj;' was partially down at tliat tim;'. ' Tlnu'e is a railin;*' now to it, hut ths? hriJj^e is only ah;)ut 20 or Ml) t\"'A lonu,", and on rotty thoroughly 1 have driven over it for the last eight year.s, olfand on. Its condition has been very good ou an average; inucdi l)etter than the roads running parallel with it. It has a solid road- bed. It seems to ha\e a bottom solidly packed as a road that has been traveled over for a number of years. Question. Wliat i.s its width ? — Answer. In my opinion the average uidtij \vonld be more than 2i feet. There are some places where the top road Avould not be ipiite 24 feet, but the road-bed is much more than that. There is no part of the road that 1 iiavo seen where three wagons cannot pass. (J. iUe the bridges all in good repair / — A. They were when I last saw them, last fall. I have not been over the road, all the way, since then. They were all in good order then. I was ovrv the whole road last fall, from the connty line to Washington, and I examined it thoroughly. Q. 'I'hat i)art of it which you - since? — A. I have known it sold witliin the last two years. Q. Wliat did it sell for?— A. It rates