A History of the Boundaries of Arlington County, Virginia Part 2

The August date is given in the proclamation as that on which five commissioners were appointed by the President and directed to take the poll.

On September 7, 1846, President Polk announced the results of the referendum and called "upon all and singular the persons whom it doth or may concern to take notice that the act aforesaid [of July 9, 1846]

'is in full force and effect.'"[31] It was not until the next year, however, that Virginia got around to extending its jurisdiction over the "county of Alexandria." On March 13, 1847, "An Act to extend the jurisdiction of the Commonwealth of Virginia over the county of Alexandria" was pa.s.sed. It stated:

"... The territory comprising the county of Alexandria in the District of Columbia heretofore ceded by this Commonwealth to the United States and by an Act of Congress of July 9, 1846, retroceded to Virginia and by it accepted shall be an integral portion of the Commonwealth."

[31] Richardson, _Messages and Papers of the Presidents_, Vol.

IV, p. 470. The legality of the retrocession was unsuccessfully challenged in 1875. Cf. _Phillips_ v. _Payne_, U.S. Reports, S.C. Otto 2, p. 130.

The Act provided that after March 20, 1847, the laws of Virginia were to be in force in this territory, and went on:

"That the territory so retroceded and accepted, comprising the county of Alexandria, shall const.i.tute a new county, retaining the name of the county of Alexandria, the court-house whereof shall be in the Town of Alexandria where the courts now sit...."[32]

[32] Acts of a.s.sembly, 1846-47, Chapter 53. Cf. also, _Code of Virginia, 1950_, t.i.tle 7.1, Sec. 9. For a full account of the actions on the part of both the United States and Virginia in connection with this retrocession, cf. Harrison Mann, "Chronology of Action on the Part of the United States to Complete Retrocession of Alexandria County (Arlington County) to Virginia," _The Arlington Historical Magazine_, Vol. 1, No.

1 (1957), pp. 15-23; and "Chronology of Action on the Part of the State of Virginia to Complete Retrocession of Alexandria County (Arlington County) to Virginia" _Ibid._, Vol. 1, No. 2 (1958), pp. 43-51.

Tentative efforts have been made from time to time to re-annex this area to the District of Columbia. It was on one such occasion, in 1865, that a "Remonstrance of the Mayor and Citizens of Alexandria against the Bill to annex the city and county of Alexandria to the District of Columbia" concluded that "Annexation to the District at this time is repugnant to the feelings and wishes and would be ruinous to the interests of the people of Alexandria."

_Arlington's Boundary with the City of Alexandria_

Until 1870, Alexandria, first as a Town and, after 1852 as a City, was geographically part of the County of Alexandria. However, its boundaries must be considered from the beginning because all Acts extending the area of the Town were made in reference to the pre-existing limits. It is impossible to comprehend the effect of any given change without tracing the boundaries back to--or forward from--the beginning. (Map III.)

[Ill.u.s.tration: MAP III Boundaries of the Town and City of Alexandria 1749 to 1915 Drafted by W.B. Allison and B. Sims]

In 1748, a charter was issued to a group of trustees to establish a Town

"covering 60 acres of land, parcel of the lands of Philip Alexander, John Alexander, and Hugh West, situate, lying and being on the south side of Potomac River about the mouth of Great Hunting Creek and in the county of Fairfax ... beginning at the mouth of the first branch above the warehouse, and extending down the meanders of the said River Potomac to a point called Middle Point, and thence down the said river ten poles; and from thence by a line parallel to the dividing line between John Alexander's land and Philip Alexander, and back into the woods for the quant.i.ty aforesaid."[33]

[33] Hening, Vol. vi, p. 214. Cited by t.i.tle as "An Act for erecting a town at Hunting Creek warehouse, in the county of Fairfax." The text of the Act is given in the _Journal of the House of Burgesses_, and quoted in Caton, _Legislative Chronicles of the City of Alexandria_, p. 7.

The land was surveyed and lots sold by auction in July 1749. A map with a notation of the purchasers was made by George Washington,[34] at that time a boy of seventeen. On the north, the lots lay along the north side of Oronoco Street, one block below Water Street (later Lee; at that time it was interrupted between Queen and King Streets by the sh.o.r.e line of the River), and on the south, lots were laid off on the south side of Duke Street. The Potomac with its bend between Oronoco and the south side of Prince Street, formed the eastern boundary, while the western was a line of lots on the west side of Royal Street. There were 84 lots in all, four to a block for the most part except for the northwest portion where a stream, rising on Pitt Street between Cameron and Queen, drained into the Potomac north of Oronoco Street. This is the "first branch above the warehouse" referred to in the charter.

[34] In the Library of Congress. Reproduced in Moore, _Seaport in Virginia_, pp. 10-11.

The first increment came in 1762 when the General a.s.sembly pa.s.sed "An Act for enlarging the town of Alexandria in the county of Fairfax."[35]

On the ground that all of the lots included within the bounds of the town had been built on except for some lying in low wet marsh, this Act included in Alexandria the

"... lands of Baldwin Dade, Sibel West, John Alexander the elder and John Alexander the younger which lie contiguous to the said town ... beginning at the corner of the lot denoted in the plan of said town by the figures 77 [at the south side of Duke St., three lots from its intersection with Water (Lee) Street] on the said river Potowmack, at the lower end of the said town, and to extend thence down the said river the breadth of two half acres, and one street thence back into the fields, by a line parallel to the lower line of the said town, such a distance as to include ten half acre lots and four streets; thence by a line parallel with the present back line of the said town to the extent of seventeen half acre lots and eight streets, and from thence by a line at right angles with the last to the river."

[35] Hening, Vol. vii, p. 604. Acts of a.s.sembly, November 1762, Chapter XXV.

Until 1779 the Town of Alexandria had had no formal government, being managed by a Board of Trustees whose interest was primarily in the sale of land. In that year, however, the Town was incorporated by the General a.s.sembly with provision for a Mayor, Council, and other officials. The charter[36] made no mention of boundaries except to give the town authorities jurisdiction over the territory within a half mile of the town limits. Another Act[37] adopted at the same session stated that lots had been laid off by John Alexander adjacent to the town in 1774 and sold with the stipulation that they be built on within two years. Because of the difficulty of obtaining building materials due to wartime conditions not all the purchasers had been able to meet this requirement. The Act extended the period within which building on these lots was required to two years

"after the end of the present war ... and the same are hereby annexed to and made part of the said town of Alexandria."

[36] Hening, Vol. x, p. 172. "An Act for incorporating the town of Alexandria in the County of Fairfax."

[37] Hening, Vol. x, p. 192. Acts of a.s.sembly, 1779, Chapter x.x.xI: "An Act to confirm certain sales and leases by the trustees of the town of Alexandria and to enlarge said town...."

The width and direction of the streets to be laid off in the area surrounding the Town was regulated by an Act of 1785,[38] but this did not extend the actual town limits. The area affected was described as:

"Beginning at Great Hunting Creek and running parallel with Fairfax street to four mile run or creek so as to intersect King street when extended one mile west of the courthouse, thence eastwardly down the said creek or run to its confluence with the Potomac river, thence southwardly down the said river to the mouth of Great Hunting Creek...."

[38] Acts of a.s.sembly, October 1785, Chapter XCI. Hening, Vol.

xii, p. 205.

In the next year, however, the Legislature provided

"That the limits of the town of Alexandria shall extend to and include as well the lots formerly composing the said town, as those adjoining thereto which have been and are improved."[39]

[39] Acts of a.s.sembly, October 1786, Chapter LXXIII. Hening, Vol. xii, p. 362.

The town was still growing, and ten years later the General a.s.sembly again extended its legal limits.

"Whereas several additions of lots contiguous to the town of Alexandria have been laid off by the proprietors of the land in lots of half an acre each extending to the north that range of lots upon the north side of a street called Montgomery; upon the south, to the line of the District of Columbia [this line had been surveyed but Alexandria had not yet been incorporated in the District] upon the west, to a range of lots upon the west side of West street, and upon the east to the river Patowmac; that many of the lots in those additions have already been built upon, and many more will so be improved; and whereas it has been represented to the General a.s.sembly that the inhabitants residing on said lots are not subject to the regulations made and established for the orderly government of the town and for the preservation of the health of the inhabitants, by the prevention and removal of nuisances, upon which their property and well being does very much depend:

"1. _Be it Therefore Enacted_: That each and every lot or part of a lot within the aforesaid limits, on which at this time is built a dwelling house of at least 16 feet square, or equal thereto in size, with a brick or stone chimney and that each and every lot within said limits which shall hereafter be so built upon, shall be incorporated with the said town of Alexandria and considered as part thereof."[40]

[40] Acts of a.s.sembly, November 1796, Chapter 32. Shepherd, Vol. ii, p. 41.

The following year this Act was amended[41] to include unimproved lots since their development was being hindered by the exclusion. These were the boundaries of the Town when it became part of the District of Columbia. They remained unchanged for nearly half a century thereafter.

The charter for the town adopted by the Congress on February 25, 1804,[42] specified that the limits should be those prescribed by the Acts of Virginia. The jurisdiction of the town officials, however, was extended to the

"house lately built in the vicinity of the town for the accommodation of the poor and others"

and over the ten acres of ground surrounding the poor house. This is at what is now Monroe Street and Jefferson Davis Highway. Although the Charter was amended several times while Alexandria was in the District, no changes were made in the Town boundaries.

[41] Acts of a.s.sembly, December 1797, Chapter 60. Shepherd, Vol. ii, p. 122.

[42] U.S. _Stat. at Large_, Vol. 2, p. 255.

After the retrocession of "the county and town of Alexandria" (v.s., p.

13) not only were the boundaries changed, but the Town was chartered as a City. Section 22 of the new charter[43] provided:

"The line of the City of Alexandria shall be extended on the north and west as follows: Beginning in the Potomac River at a point distant northerly in the direction of Fairfax Street four hundred nineteen feet and two inches from the north line of the present corporate limits of the town of Alexandria in said river, and running thence westerly, parallel with said north line, to a point at which it would intersect the present western line if extended north four hundred nineteen feet and ten inches; thence southwesterly with the present western line but the said city council shall have authority to make such police and sanitary regulations of the territory reaching ten feet west of the western bank of Hooff's or Mushpot Run; then parallel to and at that distance from said run to the line dividing Alexandria from Fairfax county; then southeasterly with said dividing line to the present southwest corner of the said town of Alexandria."

[43] Acts of a.s.sembly, 1852, Chapter 358, p. 241.

The next year the Charter was amended,[44] again altering the boundaries:

"Beginning in the Potomac river at a point distant northwardly in the direction of Fairfax street four hundred and nineteen feet and two inches from the present north line of the corporate limits of the town in said river, and running westerly parallel to said north line to intersect the west line of said limits produced northwardly four hundred and nineteen feet and two inches; thence southwardly with said west line produced to the northwest corner of the said limits; thence eastwardly with the said north line into the river; then northwardly to the beginning: Beginning again at the intersection of the northwestern line of said limits with the north line of Cameron street; then southwardly with said western line, to the county line; then northwardly with the county line to the point where it intersects the brick wall on the south side of the Little River Turnpike road; then northwardly by a straight line to the east corner of John Hooff's lot on the south side of King street extended; then crossing King street extended to the west corner of the lot of the late Col. Francis Peyton; then with the west line of said lot and the course thereof to the north line of Cameron street extended; then by a straight line to the beginning."

[44] Acts of a.s.sembly, 1853, Chapter 484. Adopted February 18, 1853.

The next addition came in 1858[45] when the boundaries were described as:

"Beginning in the Potomac River, at a point distant northerly, in the direction of Fairfax Street five hundred and ninety five feet and nine inches from the north line of Montgomery street, as now established in said city, and extended into said river; and running thence westerly and parallel with said north line to a point at which this course will intersect a line one hundred twenty three feet and five inches west of and running parallel to the western line of West street as now established, when extended; thence southerly parallel with West street, to the north line of Cameron street as now established; thence westerly in the direction of the north line of Cameron street extended, to a point in a line with the west line of the lot of the late Francis Peyton, on which he resided; thence southerly, parallel with West street, to the south line of King street, extended; thence in a straight line to a point in the line dividing the county of Fairfax and Alexandria from each other, ten feet west of Hoof's Run; thence southerly, parallel to, and distant 10 feet from Hoof's Run to the middle of Hunting Creek thence with the middle of Hunting Creek into the Potomac River; then up the said river to the beginning."