Maryland State Archives

11/3/00-11/5/00 Spent 12 hours searching Archives and Manuscripts catalog Virginia State Library for legislative materials of the Virginia Assembly. Also searched for materials relating to the Potomac River, and began a preliminary search (not completed) for unpublished private papers of principle people involved in the Compact of 1785 and persons prominent in Va. government at that time (ie. commissioners, governors, and members of the Va. House of Burgess).

Search for legislative materials canvassed all records in the Virginia State Library Archives and Manuscript collection relating to the Va. General Assembly. I did not find any sort of loose legislative papers or debates in the General Assembly. For a detailed list of all subjects searched, see vastatelibrary. For a summary of materials that may be useful, see VSLmaterials.

11/8/00 10:00-15:00 Meeting Attorney General's office with Adam Snyder, Ed Papenfuse, Ron Hoffman (by telephone), and Sam Brainerd to review case and outline our research strategy.

11/17/00 7:30-12:00; 17:30-19:00 Began searching Hening's Statutes at Large for Virginia legislation concerning the Potomac. Finished vols. 5 (1738-1748) and 6 (1748-1755). See HENINGS record for more details.

11/18/00 9:30-14:40, 15:30-17:00 Finished Henings vol. 7. Spent some time exploring Potomac website, updating my journal, and editing and uploading my research notes from Virginia state Library. Consultation with Sam Brainerd to create links to uploaded files. Began Henings vol. 8

11/19/00 9:00-11:00; 16:00-18:30 Continued working on Henings vol. 8. Made modifications to Henings vol. 6 & 7 (included laws on pilots which I had previously overlooked).

11/20/00 18:45-19:45 Finished Henings vol. 8 and uploaded file, and added new records describing laws of interest.

11/25/00 9:00-12:00, 12:30-15:30 Continued working on Hening's statutes, vols. 9-13.

11/26/00 9:00-14:00, 15:45-19:00 Continued working on Hening's statues, vols. 9-13.

The statutes at large; being a collection of all the laws of Virginia, from the first session of the Legislature in the year 1619. By William Waller Hening. New York, Printed for the editor, 1819-23. Imprint [Charlottesville, Published for the Jamestown Foundation of the Commonwealth of Virginia by the University Press of Virginia, 1969

Description 13 v. 23 cm. Contents 1. 1619-1660--2. 1660-1682--3. 1684-1710.--4. 1711-1736.--5. 1738-1748.--6. 1748-1755.--7. 1756-1763. Proclamations of 1754 and1763.--8. 1764-1773.--9. 1775-1778.--10. 1779-1781. Resolutions and State papers from 1779 to 1781.--11. 1782-1784. Resolutions and State papers from1782 to 1784.--12. 1785-1788.--13. 1789-1792.

I made a comprehensive search of the index and noted any laws bearing on the Potomac; also legislation concerning the establishment of ferries, clearing of rivers,regulation of mills etc. Detailed research notes can be found listed by volume in wordperfect format. See heningsvol5, heningsvol6, heningsvol7, heningsvol8, heningsvol9, heningsvol10, heningsvol11, heningsvol12, heningsvol3, or as htmls:

heningsvol5, heningsvol6, heningsvol7, heningsvol8, heningsvol9, heningsvol10, heningsvol11, heningsvol12, heningsvol13, heningsvol13,

A summary of relevant legislation found in Hening's vols. 5-13 (1738-1792) regarding the potomac, ferries, mills, pilots, navalofficers, otherrivers, heningsmisc, warehouses, can be found in word perfect format

OR as HTML files: potomac, ferries, mills, navalofficers, pilots, otherrivers, warehouses, and heningsmisc

NOTE: These summaries do not include as much detail as the research notes by volume so it may be necessary to refer back to individual volumes for more detailed notes; all laws referenced in the summaries give vol. and page nos. for Henings.

[This act is interesting because it suggests Va. viewed the Potomac as a river "of this dominion," and that it had the power to license pilots (and exclude pilots it did not license) from piloting ships on the river.] See notes for Henings Statutes vol. 6

It is continued by acts in 1762, 1766, 1769, and 1772.

These volumes are not well indexed and may need to be searched intensively. I was led from editorial notes in the Madison Papers to some interesting correspondence in Volume 4 regarding the compact and trade on the Potomac (none of which could be found via the index). Of particular interest is the opinion of the Va. attorney general (James Innes) on the interpretation of the Compact of 1785 made in 1787. See notes from volume 4: cvspvol4

There was a little material in Volume 1.

"To these considerations [as to why Va. should ratify the consititution], I might add many others of a similar nature. Were I to say that the boundary between us and North Carolina is not yet settled; I should be told, that Virginia and that State go together. But what, Sir, will be the consequence of the dispute that may arise between us and Maryland on the subject of Potowmack river. It is thought Virginia has a right to an equal navigation with them in that river. If ever it should be decided on grounds of prior right, their charter will inevitably determine it in their favor. The country called the Northern neck, will probably be severed from Virginia: There is not a doubt, but the inhabitants of that part will annex themselves to Maryland, if Virginia refuse to accede to the Union. The recent example of those regulations lately made respecting that territory, will illustrate that probability." For replies to Randolph and full notes from The Documentary history of the ratification of the Constitution edited by Merrill Jensen see dochistrat and George Mason's reply to Randolph.

12/1/00 8:00-14:30, 16:00-18:30 Worked on summary of Henings statutes and revised earlier research notes. Read Reverdy Johnson's pamphlet on Riparian rights of Virginians. Downloaded and read the Brewer decision. Looked at the Documentary History of the Ratification of the Const.; checked vols. 8-10, for Virginia.

12/2/00 9:30-13:30, 16:30-19:00 Continued working on Henings statutes.

12/3/00 9:00-10:30, 14:30-18:30 Finished summary of Henings statutes vols. 5-13; posted summaries, by subject. Took notes from Doc. History of the Ratification of the Constitution and posted findings.

12/8/00 9:00-12:00; 13:30-14:30; 16:00-18:00 and 12/10/00 8:00-12:00; 13:30-16:30; 17:30-19:00 Read and commented on ecp's note re. Md. legislation 1784; reviewed and made changes to Henings legislation; reviewed some of the Md. legislation; read Virginia's brief; read ecp's analysis of Virginia's brief; searched repositories for more convenient access to Va. legislative materials (JHU has the Jenkins microfilm, now I have to find if I can get access to it; also found 3 addtl. volumes of Henings 1792-1807 at Peabody library; TSU has JVHB to 1775; Md. may have JVHD in Evans Early Am. Imprints but not clear from Victor, I will check tomorrow); read Peter Albert's master's thesis and noted items he cites from JVHB, JVHD and newspapers that we may want to look at.

12/11/00 19:00-20:30 Searched to locate materials ecp asked for; read Sam Brainerd's note on the Virginia brief; telephone conference with Ron Hoffman re. Va. brief.

12/12/00 10:00-12:30 Conference attorney general's office with Adam Snyder, Andy Bada, Sam Brainerd, Ed Papenfuse and (by phone) Ron Hoffman and Doug Littlefield.

12/16/00 9:00-12:00, 13:00-16:00 Read all of Sam's notes from Mason, Jefferson and Washington papers. Copied them into wp so I can paste overlapping entries from Madison papers. Worked on Madison papers vol. 8

12/17/00 9:00-15:00, 17:00-19:00 Continued working on Madison vol. 8. (there is a lot of stuff in here, most of it good, but the editor thinks the Md. & Va. commissioners were supposed to MEET with commissioners apptd. by Pa.; ie. that they were supposed to be invited to join the Mt. Vernon conference, which would be a real problem for us. But so far I haven't found any evidence to substantiate his editorial notes to this effect; I think he is misreading the Dec. 28, 1784 resolution re. Pa. I will post all the notes on this as soon as I've finished the volume).

12/22/00 9:30-12:30 Finished and posted Madison volume 8

12/26/00 11:30-1:30; 2:00-5:00 Modified Hening's volumes 11 & 12 & misc. (to include Port Bill which I'd previously overlooked). Reposted revised versions. Finished Madison volume 9.

12/27/00 12:00-14:00 Worked on Madison Vol. 7.

12/30/00 11:45-13:45 Finished Madison vol. 7; started Madison vol. 10

12/31/00 9:15-12:15; 12:45-15:15 Finished Madison vol. 10 & excerpts from Calendar of Virginia State Papers, vol. IV. Started Madison vol. 11

Edited by William T. Hutchinson and William M. E. Rachal. Editorial staff: Jean Schneider [and others. Chicago] University of Chicago Press [1962-1991] Description: 17 v. illus., ports., maps. 25 cm. Vols. 11-17 published by the University Press of Virginia, Charlottesville.

Contents: v. 1. 16 March 1751-16 Dec. 1779.--v. 2. 20 March 1780-23 Feb. 1781.--v. 3. 3 March 1781-31 Dec.1781.--v. 4. 1 Jan. 1782-31 July 1782.--v. 5. 1 Aug. 1782-31 Dec. 1782.--v. 6. 1 Jan. 1783-30 April 1783.--v. 7. 3 May 1783-20 Feb. 1784.--v. 8. 10 March 1784-28 March 1786.--v. 9. 9 April 1786-24 May 1787, with supplement, 1781-1784.--v. 10. 27 May 1787-3 March 1788.--v. 11. 7 March 1788-1 March 1789.--v.12. 2 March 1789-20 Jan. 1790, with supplement 24 Oct. 1775-24 Jan. 1789.--v. 13. 20 Jan. 1790-31 March 1791.--v. 14. 6 April 1791-16 March 1793.--v. 15. 24 March 1793-20 April 1795.--v. 16. 27 April 1795-27 March 1797.--v. 17. 31 March 1797-3 March 1801, with a supplement 22 Jan. 1778-9 Aug. 1795. Notes to

vol. 1 - checked; nothing of interest & no notes

volume7, volume8, volume9 volume10

mjtimeline

1/1/01 9:30-10:30; 14:00-15:00; 16:30-18:30 Downloaded and printed all Sam's files I had not looked at; reviewed all of Sam's notes and my notes to date

1/2/01 10:00-12:30; 13:00-14:00 Meeting AG's office. Then after returning to office I searched for Md. law ceding land to Congress for capital; could not find it posted on the web cite; found it on MSA webcite and downloaded it.

1/4/00 9:00-12:30; 16:00-16:30 Sam and I faxed Ron's notes to Adam and to Ron; I reviewed Ron's notes; Sam and I discussed them and also what points we think need to be added, and mapped our immediate research strategy, noting information we think we lack. Also had a phone conversation with Adam on this subject. I then spent some time on the computer searching for addtional sources--R. H. Lee papers, John Marshall Papers, and found index to Calendar of Va. state papers

1/5/00 13:00-19:30 Worked on additions to timeline, noting my interpretation of events and information we are lacking

1/6/00 8:30-12:00; 12:30-17:30 Worked on timeline; then went to JHU and searched SWEM's index for references to CVSP (have not taken notes yet, but went through references and noted page #s of interest for vols. 2-3--vol. 1 was missing). Finished index to GW Papers Colonial Series, vols. 7&8 (I did not have computer with me so I didn't take notes); finished GW Papers Rev. War series vols. 1-7 (Jan. 1775- Jan. 1777)--there is nothing of interest in them; finished Madison Papers vol. 1 (1751-1779)--nothing of interest, no mention of Va. consitution 1776 or of appointment of commissioners 1777. Checked index to R. H. Lee papers; a few items of interest (have not yet taken the notes).

1/7/00 9:30-11:00; 17:30-18:00 Worked on CVSP vol. 4 and Madison Papers vol. 6; updated journal.

1/11/01 10:00-15:30; 18:00-20:30 Meeting with Adam Snyder and Sam to discuss Ron's affidavit; went to Peabody to find some Va. laws Adam asked for; I knew they were there but they couldn't find them (not in card catalog, computer didn't work); returned to carroll papers office, found them on computer, called Peabody, sure enough they could find them (with call #) but by then they were closed (so I had to go back next day); also spent time on computer trying to locate later laws Adam wanted (not at JHU but DLC had them; however Adam later informed me that Ed had found them); called Ron, discussed affidavit; he wants Sam and I to write the rough draft; later that evening I made an outline of affidavit to discuss with Sam next day

1/12/01 10:00-12:00; 12:45-13:15; 14:30-15:30, 17:30-19:30 met with Sam to discuss and outline affidavit; back to Peabody to get laws Adam wanted from Shepherds then to CP office to fax to Adam; then home where I worked rest of day on Washington Papers vols. 7&8 which I had to finish before starting affidavit.

1/13/01 9:00-12:00 finished GW papers vol. 8

1/14/01 9:00-14:30; 16:00-19:00 finished GW papers vols. 9&10 and started writing rough draft of affidavit

1/15/01 8:30-16:00; 17:00-19:00 worked on affidavit; uploaded GW papers; emailed Ron GW papers, Madison vols. 7, 10, & 11, timeline; updated journal; worked more on affidavit

1/18/01 8:00-12:00; 13:30-15:30; 16:30-19:30 worked on my part of affidavit (Potomac co.)

1/19/01 8:15-12:15; 13:15-19:15 finished first draft of my section and then rewrote some of the earlier sections; read first draft of Sam's part

1/20/01 9:00-13:00; 14:00-19:00 worked on interweaving Sam's draft with mine; finished a preliminary draft of the whole thing (with some holes that still need to be filled); sent it to Sam to work on

1/21/01 10:45-11:45; 12:30-14:30; 16:00-19:00 Worked more on affidavit; wrote final section summarizing the differences between compact/company. Reviewed Sam's suggested changed to draft; made additional changes myself; added section describing GW's 1754 observations

1/25/01 11:00-13:00 Read and suggested changes to Ron's introduction. Discussed introd. & affidavit with Ron and Sam by phone.

1/26/01 15:15-17:15 Meeting with Adam and Sam to discuss draft of affidavit.

1/28/01 12:00-14:00, 17:00-18:00 Worked on draft; checking quotes adding footnotes and making list of copies needed

1/29/01 18:00-19:00 contd. same as 1/28

1/30/01 13:00-15:50; 17:50-19:30 met with Adam to discuss affidavit; talked with Ron, contd. working on draft

1/31/01 7:45-12:45; 13:45-19:45 worked on final draft of affidavit

The papers of George Washington / W.W. Abbot, editor, Dorothy Twohig, associate editor, Philander D. Chase, Beverly H. Runge, and Frederick Hall Schmidt, assistant editors. Charlottesville : University Press of Virginia, 1983- Contents: [A] Colonial series: 1. 1748-August 1755. 2. August 1755-April 1756. 3. April-November 1756. 4. November 1756-October 1757. 7. January 1761- June 1767. 8. June 1767-December 1771 -- [B]Revolutionary War series: 1. June-September 1775. 2. September-December 1775. 3.January-March 1776. 4. April-June 1776. 5. June-August 1776. 6. August-October 1776. 7. October 1776-January 1777. 8. January-March 1777. 9. March-June 1777. 10. June-August 1777 -- [C] Confederation series: 1.January-July 1784. 2. July 1784-May 1785. 3. May 1785-March 1786. 4. April 1786-January 1787. 5. February-December 1787. 6. January-September 1788 -- [D] Presidential series: 1. September 1788-March 1789. 2. April-June 1789. 3. June-September 1789. 4. September 1789-January 1790. 5. January-June 1790. 6. July-November 1790. 7. December 1790-March 1791. 8. March-September 1791. 9. September 1791-February 1792 -- [E] Retirement series: 1. March-December 1797. 2. January-September 1798. 3. September 1798-April 1799. 4. April-December 1799

Revolutionary War Series Vols. 1-7 -- nothing of interest; no notes

Confederation Series; Notes from colservol7,colservol8,colservol9,colservol10,

2/1/01 8:00-14:00; 15:00-20:00 Worked on final draft of affidavit (writing, making changes and additions Adam wanted, checking quotes, adding footnotes)

2/2/01 7:00-12:30; 13:30-20:00 continued working on final draft

2/3/01 9:00-18:00 ditto (at Ed Papenfuse's most of the day downloading and printing exhibits)

2/4/01 8:15-20:45 (minus short break) continued working on final draft

2/5/01 7:45-14:00; 15:00-20:45 finalized affidavit; conference call with Ron and Adam, finished labelling exhibits and putting numbers in notes; more calls from Ron for last minute changes after final reading

2/6/01 8:00-11:00 finished & printed affidavit; went over a few last minute changes with Ron; rechecked exhibit numbers with Sam