The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-09-07
THE CAPITOL SQUARE.
HOW 1T BECAME THE PROPERTY
OF THE STATE. *

OF THE STATE. atI41
THE TRUE HISTORY OF ITS ADJOURNMENT
A QUESTION sETTL RESULT OF COLO
MEL FRENCTs INvEsTIGATIoN-INTE
ESTING FACTs-WHEN THE CORNER
STONE OF THE CAPITOL wAsFLAID, &C.
During the session Of the Legislature in
1875 q Joint resolution was passed author
izing and requesting the Governor to in
quire and report as to the States title not
only to the Public Square, but also the other
lots OF land owned by the Commonwealth
in the city OF Richmond: The Governor
appointed Colonel S. Bassett French to make
the investigation and write the report. The
duty has been performed, and we publish
below the facts gathered from his report in
relation to the Capitol Square. The ques-
tion of title has often been discussed, and
Colonel FrencRs report settles it beyond
doubt. Many persons were under the i'm
preston that the Square had been donated
to Virginia by Colonel Byrd, ofsWestover,
and that in the event OF its being sold or
used for any other purpose by the State it
would revert to Colonel Byrd's heirs. This
appears to be an error. The following are
the. main features of Colonel ,French's re-
port:
In ITO the Assembly ordered the removal
OF the seat OF government from Williams
burg to Richmond, and appointed q conf
nittee known as the " Directors Of the Public
Buildings" " to lay off on "Shocca Hill," in
the city Of Richmond, six whole squares sur
rounded each by streets, and containing all
the ground therein for the use and purpose
Of public buildings, and directed the clerk
of the County Court OF Henrico, upon the
application OF the "Directors OF Public
Buildings, to issue writs Of ad Quod DAM
mum to condemn the same for the purpose
mentioned, declaring that when the valuation
should have been made by the jury, and the
return made by the sheriff TO the clerks
office Of Henrico," the rights and property
Of the owners and tenants in the lots OF land
should be Immediately devested and trans
ferred to the Commonwealth in fuN and d6-
SoIute dominion. any want OF consent or disa-
| bility to consent in the said owners and
tenants Notwithstanding. Hen, Statute at
Lage, page 18. There were nine directors
named, with Mr.. Jefferson at the head, and
subsequently in the same year they were
vested with authority to lay off the public
grounds in such forms and dimensions as
should become most convenient and requi-
site, and also to secure for the use Of the
Commonwealth two hundred other lots in
the authorized addition to Richmond (page
31S); and they were required to file with
the report OF the jury description and plat
of the said six squares and the additional
two hundred lots in the clerks office of the
County Court OF Henrico.
| After most searching examination the
requisition and plan have not been found,
nor, indeed, any minute Of issuing the writs
Of ad quod damnam or OF the pro-
ceedings thereon. During the Revolu-
tionary war the clerks Office OF Hen
rico county was destroyed, with its con-
tents, by fire. The order-book now
remaining in that Office commenced at the
October term, 1871, two years after the
"Directors of Public Buildings" received
the instructions to lay Off the Public Square.
The evidence shows that the Directors Of
Public Lands did execute their task as to a
large number OF lots going to make up the
Capitol Square and Governors grounds,
and, after such lapse Of time, it is fair to
presume that the act OF condemnation was
executed as to all. 1t is perfectly clear that
the Commonwealth holds no part of this
property by donation, as has been stated for
many years, from Byrd, who died before
there was any purpose to remove the seat
of government, and whose lottery, which
embraced all Of Richmond, was drawn in
1856; nor from Gum, for we have, says
Colonel French, his petition praying pay
ment for his lots condemned for the
Public Square," and the resolution
of the General Assembly directing
payment of e1,2S3 to him, being
the jury's valuation for lots 39l, 392, 404,
405-on parts Of the two former of which
the capitol is built, the cornerstone thereof
being laid August is, 17S5-l01 years ago.
The only pretence which gives color 10 the
delusion that any portion OF the Public
Square was gift to the State was the at-
tempted donation OF lot by DR.. Thomas
Turpin, Jr., son condition that the public
buildings should be located thereon; but
it was admitted, both by him and the Attor-
ney-Genera, that the donation was not
made by him until after the lot had been
condemned, and his rights and properties
devested and transferred to the Common
wealth in full and absolute dominion. The
court said the doctor was not competent to
| give that to which he had no title.-At-
torney-General as. Turpin, 3 Hen. and Man.
1t is singular that in this case the court
cites the return Of the inquisition under the
hand of the clerk condemning Turpin's
land in totidenl Uer6is and yet no minute
appears on the order-book or return in the
papers OF the date referred to as the day on
which the writ was executed; and 50 OF
others where we have proof that they were
paid for lands condemned for the Square. I
can account for the want of a minute on the
record-book only on the hypothesis that as
the writ Of dd gaod ddmnun1 was directed
to issue by the clerk of the court upon the
requirement of the "Directors OF Public
Buildings" and as no action OF
the court was necessary to pass the
title, but that the inquisition had returned
to the writ "deyested and transferred the
rights of owners and tenants" to the Com
monWealth in full and absolute dominion.
The clerk made no entry on the order-book
of the issue Of the writs, and that the re-
turns, &c, have now been lost it Is fair to be-
lieye, as no others are claimed to have do
mated the Public Square or any part but the
persons mentioned, and they are shown to
| have their property condemned, that no
part of this public property was acquired in
manner or form other than was prescribed
bv the General Assembly in the act OF 1779
referred to, since this was the most certain
mode whereby The State could acquire
8. full and absolute dominion"
The lots embraced in the Capitol Square
were held by many different persons, and
after days OF search, says Colonel French, l
have not been able to discover the names OF all
or the price paid to them. The land-books in
| the last century and the aecount-books In
the Auditors and Treasurer's of1ce were
not kept as now they are. The first do not
describe the property assessed to on lndl-
yidual, nor do they note transfers; and
| L &@ hv1f hn