Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-04-26
THE WASHINGTON CITY CANAL


Mayor Wallach on Tuesday sent TO Congress
the following communication, showing in per
| spicuous terms the nature of the proprietor
ship OF the city in the canal. and demonstrating
| conclusively that Congress, by giving the canal
| property 10 private company, would be do
| mating what does not belong 10 IL, and which
| was purchased by Congress for valuable
| consideration. The Mayor urges upon Con-
gress the passage of bill TO enable the city 70
| levy the special tax requisite for the cleansing
and improvement OF the canal, in accordance
| with the bill passed by the City Councils:
| MAYORS OFFICE CITY HALL, Washington.
ID. e., April - lS6G.--T To tie House of ESyr,-
SeRtdiires IF TIE UHitcd States That yOu NAV aot
| unadVIseuly infllct a grievous injury on this
community, or deprive the city ofW ashingtOr
| OF us rights and property, or commit 20 the
| VIII and caprice OF n few indi viduaIs what can
only with safety tolts citizens be the SUBJECT of
m9nlcipal regulations-its sewerage, all of
| which is contemplated in the bill from the
| Senate, now under consideration in your Hon.
| oTable Body, entitled s.an act TO incorporate
the District of Columbia Canal and Sewerage
| Company, and more than all that. the com
| mon object OF protecting the public health by
| abatlng ian the readiest manner much COM
| planned OF nuisance may he attained, 1 deem
| d. my duty 10 lay before the House of RPprp-
| sentatIves the claim TO, and right OF property
| IN the Washington City CanaI. OF this Cor
| poraton, and what action in relation thereto
| haf been had in the councils of this CITY,
A Joint stock company was forne~ 10 o;,en
| and cut the Washington City Canal As land
down on the original plan OF the city: ana on
| LIST OF May, lSt2, and February 10th, ISU9. was
| chartered by Congress, The stock being made
| personal property. IStatutes N Large, vol .
| pages 20 and Jl9, vol. 3. page 69I.)
The Canal was cut and opened by this COM
| pany, who complied with all the requirements
OF Their charter, and enjoyed by them for about
| thlrty years, when, with the consent Of Con-
gfess, the interest (stocR) OF each individual
stockholder Was purchased by the CORPORATION
OF Washington. (Staiutes al Large vol ma 90
| 522) f~e'
The ac; OF Congress authorizing the Corpo-
ramon 10 purchase, entaIled in addition 10 the
| purchase money, heavy burden on the CITY
| of Washington, by compelling il TO change the
course of and enlarging the Canal, building
three large basins, and TO drain certain nron
| erty of the General Government uhe low
| gronnds) Immediately west OF the Capitol and
| east OF Sixth street west.
To accomplish this object. and particularly
20 improve the property of the General Gov
ernment, draining the low grounds) Congress
py the same aci donated certain lots, being part
OF those gratnltously given by the original
proprletors oi the soil 10 the General Govern
ment.
subsequently, however, in consideration of
the REIMBURSEMENT by tins Corporation OF all
clam and title 10 these lots, as well as TO GER
IaIn benefits and privileges conferred on il nv
The OH, l0th lIth, I2th and 18th sections of the
act May 3lst, le52, and particularly i'm consid-
eiahon 9l me WORK TO De done by the Corpora
uon OF w Washington in improving and draining
the property OF the General Government
Congress gave to the City OF Washington the
sum OF one hundred and fifty thousand dollars.
tStatutes at Large, Vol. 1, page 65l)
The City of Washington not only M id a large
sum OF money Tor this franchise. (the rights
and property of the Individual stockholdersl
but likewise from time TO time expended other
large amounts in building bridges &c and
for which debt of one hundred and fifty
thousand dollars stlll rests on IL, and in good
faith complied with all the REQUIREMENTS of
| the act of Congress of May 3Ist. ls39. nv en-
| larging the Canal, and building the basins
therein provided for, as well As improving the
property OF the General Government
| The Corporation OF Washington therefore
owns all tins property, and the franchises
winch belonged 10 the Washington Ciry Canal
COMPANY not under any grant of Congress to
them as a public municipal Corporation bur
under purchase for a valuable CONSIDER
uon- actually mace and fully complied with
oy Whlch and under an act Of Congress the
rights OF the Canal Company become vested
IN the City of Washington
They not only paid 10 the stockholders of the
1anai company the fun price OF their prop
erty, but they have since then. as before SAID.
expended large sum of money in enIargIn1
The canal ano freIn time 10 time cleaning n 10
improve me health and meet the commercial
demand of the city.
III is as much heir property as though they
Were a private corporation: property in which
every individual citizen has an interest which
cannot he taken from ~. except under cerfain
provisions of law, and when IL rs required for
public uses. "
An attempt. by legislation, to take such
ais, or &c private Corporation, couId onIv
lead TO expensive litigation. ana vould cer
tanly defeat the much desired object OF both
congress and the ecommunIty-..the Temporary
improvement of the Washington CITY r,nai
TO secure the health of the residents OF the Me.
Topols during the summer, an apprehension
OF the approach of the cholera" Nor conId
such leglslatlon be sustained on the ground of
tne power gwen IN the Constitution 10 Con-
gress over this District
Comprehensive as the grant OF power is, it is
COnStrnp1 N aud. 81.
and not as giving an arbitrary and unlimited
power over the inhabitants, or the ri1hrs ~,
property i'll this District
This Corporation has been aware oF Tho
necessity. and a. far back as January last a hill
embracing In substance the main features of
the suggestions made by the Board of Engi-
neers, consisting of Major Generals Tower
Gilmore, and Warren. IN their report of AnriI
>, lc6G, IN compliance with a resolution of the
Senate OF March :, IsG6 respecting the i'm
proyement of the Washington CITY Canal was
introduced into and passed by the lower hrsnch
OF the City Councils
Further action on this bill was DELAYED in the
upper Board only 10 await the action of the
Honse OF Representatives on measure IHouse
Bill NO. 2Ss) entitled "An act 10 establish a
nnl1orm system OF sewerage i'm the Citv of
gtoh, ana Tor ether purposes" reported
Oy the house Committee on the District OF
Columbia, with the sanction and approval of
the Secretary OF the Interior, after "A carpfnI
personal examination OF the canal. and which
provided for the General Government bearing
a part of the expense.
The City Councils perceiving, a. they sup-
posed no disposition Oh the part of Congress
10 contribute their share in this work. and an
preclatIng the necessity Tor Immediately doing
so IN apprehension of the speedy approach OF
the cholera, have by a bill which passed both
branches on tie evening Of the isth inst a
copy OF which is hereto annexed. provided the
means 10 carry out in detail the su ggestions of
those engineers for the tern porary Improvement
Of the Washington City Canal, to SECURE The
health OF the residents This summer. and an
propriated serenty-fiye thousand dollars tor |
that purpose.
The maximum rate of taxation of tbree
quarters OF one per centum 10 winch this Cor
poratlon IL restricted by its charter. precludas
however, the possibility OF realizing without
much dIfcnlty the money required for this
purpose, unless a resort be- had TO extraordI
nary means, and therefore, as provided i'm The 4
I'd section Of the bill, the Mayor was directed /
to procure from Congress the passage OF an act 4
to.leVy ana collect special tax on property
In the city 10 deiray the cost OF the work.
Bv thelr action in the premises, the Councils
OF this city have shown how readily they ap-
preciate the Immediate necessity for speedy |
aoatement OF this nuisance, and their anxiety |
TO carry out the.wlshes of Congress, as eX- |
pressed in the resolution of the Senate OF |
March Z, 1850. Ii is therefore confidently ex- |
pected thai speedy legislation i'm the PASSAGE |