Keywords
Collection #
Collection Name Collection #
Author Date
Description
Microfilm Number
Series Number

Inventory for MSA SC 5796-8



MSA SC 5796-8 contains 35 unit(s). Showing results 1 to 15.

Results Per Page:

Return to Collection Information

123
MSA SC 5796-8-1
Dates1970
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Mason, George, 1725-1792. The papers of George Mason, 1725-1792. Robert A. Rutland, editor. Chapel Hill, University of North Carolina Press, 1970. Description: 3 v. (cxxvii, 1312 p.) illus., map, ports. 25 cm. ISBN: 0807811343 Contents: v. 1. 1749-1778.--v. 2. 1779-1786.--v. 3. 1787-1792. Notes: Includes bibliographical references. LC Classification: E302 .M38 1970 Dewey Class No.: 973.2/0924

[See:

1) [excerpts re: Compact of 1785, pp. 812ff.

2) George Mason's study of Virginia Charters, pp. 163-185]

MSA SC 5796-8-2
Dates1928
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Mathews, Edward B., State Geologist of Maryland, and Wilbur A. Nelson, State Geologist of Virginia, Report on the Location of the Boundary Line Along the Potomac River Between Virginia and Maryland. Baltimore 1928. For quality images of illustrations, see notes.

Note: Images listed below as Maps 1-6 correspond to sheets I-VI, are the large oversized maps associated with this report.

MSA SC 5796-8-3
Dates1930
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Mathews, Edward B. and Wilbur A. Nelson. Report on the marking of the Boundary Line Along the Potomac River in Accordance with the Award .... 1930.[For better illustratons of the maps in the report, see the notes and access by map number beginning with map1.jpg.]
MSA SC 5796-8-4
Dates1876
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
William Pinkney Whyte, Issac D. Jones. Evidence to Sustain the Claim of Maryland that the Charter to Lord Baltimore Granted to Him the Bed of the Potomac River and All the Islands in it, to the South-Western Bank of that River.

[No standard on-line catalogue from the Library of Congress to the Harvard Law School Library, reveals a title as given here and as cited in MSA SC 5796-15-2, but it was found miscatalogued at the McKeldin Library of the University of Maryland, ironically under the name of the counsel for Virginia, Raleigh Travers Daniel, UMCP.MD RARSTK F187.B7B6. The U. of Md copy is presented below as evidence.tif. Here Maryland makes it abundantly clear that there is proof in the Maryland Land Office of Maryland's indisputable and long-standing claim to the waters and islands of the Potomac. Ecp 12/13/00]

Virginia exhibit 122

MSA SC 5796-8-5
Dates1874
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Report and Journal of Proceedings of the Joint Commissioners to adjust the Boundary Line of the States of Maryland and Virginia. Authorized by the Act of 1872, Chapter 210. Annapolis: S.S. Mills & L. F. Colton, Printers to the House of Delegates, 1874. [The Commissioners for Maryland were William Pinkney Whyte and Isaac D. Jones. Arbitrators would be Black & Jenkins. Sometimes found as "Document E, Maryland Senate Documents, 1874 Session." See Maryland Governor Groome's message concerning the Arbitration.]

Contents:

Boyles Report on the Western Boundary, 1824, p. 44
Journal of Proceedings (Joint Meetings), p. 47
Maryland Commissioner Isaac D. Jones's proposed compromise of October 1872, p. 53 [note that the language can be interpreted to mean that the proposed boundary led from its starting point at Harper's Ferry to existing wharves and appurtenances with permission being conceded by Maryland for Virginians to make further extensions or improvements at existing wharves and improvements, not to erect new wharves and improvements anywhere along the line. Virginia rejected the compromise proposed by Jones who had amply documented from 17th century books and maps, Maryland's claim to the southern shore of the Potomac and to the whole of the river. This was after Virginia had surprised the Maryland Commissioners the previous February with their new claim to the whole of the River. Gridlock ensued leading to appointment of the Arbitrators. ecp 12/12/00]
Statement of Maryland Case, p. 63
Depositions of Witnesses, p. 145
Lord Baltimore's Grant, p. 219
Scarburgh's Report, p. 221
Statement of Virginia Case, p. 233
Colonial State Papers, p. 330
Extracts from Virginia Code, p. 341

Virginia exhibit 68

MSA SC 5796-8-6
Dates1741-1799
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
The George Washington Papers at the Library of Congress.

[includes:

1772 letter of Thomas Johnson to GW providing prevailing view in Maryland of ownership of, jurisdiction over, the Potomac River.

Text from the Library of Congress:

ANNAPOLIS 10TH May 1772 SIR Mr. Tilghman the Speaker of our House of Assembly not being in Town I could not procure a Receit from him. I send you one from myself for £6. as recd for his Use if that is not sufficient I will get one from himself and inclose it to you: as soon as I have an Opportunity--I inclose you a Receit from the Clerk of the Upper Ho and another from the Clerk of the Lower House for £3. each I thought there was the like ffee to the President of the Upper House as to the Speaker but on Inquiry finding myself mistaken I return you 16 Dollars. Mr. Ballendine has been here two or three Days but Mr. Mason has not yet come I fear our Governor is still under an Impression that a Concurrence by our Assembly in a Scheme with yours for clearing Potowmack may weaken the proprietary Claim of Jurisdiction over that River and consequently that he is not at Liberty to assent to such Bill tho' I believe in his own Judgment clearing the River is an Object which deserves immediate Attention and that he wishes to see it effected. If the Governr. should be under such Impression and should not write Home to be set more at large or should write unsuccessfully as the delay that might be thereby occasioned would at all Events be highly prejudicial I would submit to your Consideration whether it might not be prudent that a strong Representation should be sent to England, to be made use of in case it should be necessary, to procure an Intimation from thence that a Bill ought to pass here: If Instructions ought at all to be sent to Governors as the Rule of their Conduct I have no Idea but that propry Instructions might properly be superseded by Instructions from the King in Council and if so I cannot apprehend there would be the least Difficulty in obtaining an Order for the passage of a Bill in which the Trade and Subjects are so much interested though it might possibly collaterally affect the prors Claim of Jurisdiction--I shall be glad that our Govrs. Letters to Virginia may evince that my Apprehensions are Groundless but if my Conjectures are well founded I much wish that no Time may be lost.1 [Note 1: 1 The Potomac Company was organized in May, 1762, for the purpose of opening navigation "from Fort Cumberland on Wills Creek, to the Great Falls." It was a favorite project of Washington's, but was opposed by the Baltimore merchants. The war absorbed all lesser schemes, but in May, 1785, the Company was reorganized, and Washington elected its first president. In 1820, after much fruitless expenditure, the idea was abandoned, and the organization merged into the Chesapeake and Ohio Canal Company.] ... I am Sir ... Your most obedient Servant ... THS. JOHNSON JUNR

Note: Governor Eden was reluctant to participate in any negotiations that he felt would weaken the Proprietary claim to the Potomac River. ecp 1/13/01]

1785 letter GW to Robert Morris concerning the Navigation of the Potomac].

MSA SC 5796-8-7
Dates1606-1827
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
The Thomas Jefferson Papers at the Library of Congress
MSA SC 5796-8-8
Dates1950
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Jefferson, Thomas, 1743-1826. The papers of Thomas Jefferson / Julian P. Boyd, editor ; Lyman H. Butterfield ... [et al.] ... associate editors. Princeton : Princeton University Press, 1950- v. : ill., facsims., maps, ports. ; 25 cm. Contributors: Boyd, Julian P. (Julian Parks), 1903- Notes Includes indexes in separately issued vols. Contents v. 1. 1760-1776. -- v. 2. 1777-18 June, 1779, including the Revisal of the laws, 1776-1786. -- v. 3. 18 June, 1779 to 30 September, 1780. -- v. 4. 1 October, 1780 to 24 February 1781. -- v. 5. 25 February 1781 to 20 May 1781. -- v. 6. 21 May 1781 to 1 March 1784. -- v. 7. 2 March 1784 to 25 February 1785. -- v. 8. 25 February to 31 October 1785. -- v. 9. 1 November, 1785 to 22 June, 1786. -- v. 10. 22 June to 31 December, 1786. -- v. 11. 1 January to 6 August, 1787. -- v. 12. 7 August 1787 to 31 March, 1788. -- v. 13. March to 7 October, 1788. -- v. 14. 8 October 1788 to 26 March, 1789. -- v. 15. March 1789 to 30 November 1789. -- v. 16. 30 November 1789 to 4 July, 1790. -- v. 17. 6 July to 3 November 1790. -- v. 18. 4 November 1790 to 24 January 1791. -- v. 19. 24 January to 31 March 1791. -- v. 20. 1 April to 4 August 1791.
MSA SC 5796-8-9
Dates1776-1836
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Jefferson, Thomas, 1743-1826. The Republic of Letters : the Correspondence between Thomas Jefferson and James Madison, 1776-1826 / edited by James Morton Smith. New York : Norton, 1995. 3 v. (xvii, 2073) : ill. ; 24 cm. Includes bibliographical references and index. v. 1. 1776-1790 -- v. 2. 1790-1804 -- v. 3. 1804-1836. Jefferson, Thomas, 1743-1826 --Correspondence. Madison, James, 1751-1836 --Correspondence. Presidents --United States--Correspondence. ISBN 039303691X (set) E 332.88.M33 1995
MSA SC 5796-8-10
Dates1785
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Virginia Historical Society web site. Guide to collections of special interest to the Potomac River Case.
MSA SC 5796-8-11
Dates1784-1788
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Washington, George, 1732-1799. The papers of George Washington. Confederation series / W.W. Abbot and Dorothy Twohig, editors ; Philander D. Chase and Beverly H. Runge, associate editors ; Beverly S. Kirsch and Debra B. Kessler, assistant editors. Charlottesville : University Press of Virginia, 1992-<1997 > v. <1-6 > : port. ; 25 cm.

Virginia exhibit 58 contains pp. 18-19, 50-51, 86-143, 154-157, 164-169, 176-177, 180-187, 194-199, 222-223, 228-245, 248-257, 260-285, 296-299, 306-315, 328-333, 362-367, 378-383, 390-393, 396-399, 446-451, 456-459, 472-473, 562-567, 588-591

MSA SC 5796-8-12
Dates1877
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Opinions and Award of Abitrators on the Maryland and Virginia Boundary Line. [Black & Jenkins Award] JHU F 190.B7B66.

Award
Dissent by James B. Beck of Kentucky

[The Black & Jenkins decision does attempt to extend the Compact of 1785 above tidewater (above the fall line), but Black & Jenkins admit they have no authority to review the compact and are only venturing their uninformed opinion (dicta):

By the compact of 1785, Maryland assented to this, and declared that "all the citizens of each State respectively shall have full property on the shores of Potomac and adjoining their lands, with all emoluments and advantages thereunto belonging, and the privilege of making and carrying out wharves and other improvements." We are not authority for the construction of this compact, because nothing which concerns it is submitted to us; but we cannot help being influenced by our conviction (Chancellor Bland notwithstanding) that it applies to the whole course of the river above the Great Falls as well as below. Taking all together, we consider it established that Virginia has a proprietary right on the south shore to low-water mark, and, appurtenant thereto, has a privilege to erect any structures connected with the shore which may be necessary to the full enjoyment of her riparian ownership, and which shall not impede the free navigation or other common use of the river as a public highway. (p.16)

Note that the Award does NOT specifically refer to wharves and improvements along the boundary which is very clearly dictated as

"Beginning at the point on the Potomac river where the line between Virginia and West Virginia strikes the said river at low-water mark, and thence, following the meanderings of said river by the low-water mark; to Smith's Point, at or near the mouth of the Potomac, ..."

The award does pay lip service to whatever, if any, riparian rights Virginia may have in the River and to the degree to which, if any, the Compact of 1785 applies.

"3. The low-water mark on the Potomac, to which Virginia has a right in the soil, is to be measured by the same rule, that is to say, from low-water mark at one headland to low-water mark at another, without following indentations, bays, creeks, inlets, or affluent rivers.

4. Virginia is entitled not only to full dominion over the soil to low-water mark on the south shore of the Potomac, but has a right to such use of the river beyond the line of low-water mark as may be necessary to the full enjoyment of her riparian ownership, without impeding the navigation or otherwise interfering with the proper use of it by Maryland, agreeably to the compact of 1785."

For the official award map which only deals with the boundary from the mouth of the Potomac to the Eastern Shore, see below. M000594a.jpg is the color scan of the original map from MSA SC 1427-1-789. See also below for multilayer tifs of the award to facilitate printing. ECP 11/25/00]

Virginia exhibit 64

MSA SC 5796-8-13
Dates1774-1873, 1804
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Annals and Proceedings of Congress from the Library of Congress, American Memory Project.

[The files are searchable. To access, use the above hyperlink. Not all documents published by order of Congress are included on the Library of Congress site (as of 12/8/00). For example, the opinion of Judge Nicholas Brewer in the Great Falls Land Condemnation Case is not, but references to requesting a copy from the President (February 23, 1859), its delivery to the Senate by the Vice President (March 2, 1859), and the order for it to be printed as a Senate Document (March 3, 1859) are, accompanied by the minutes of the sessions in the Congressional Globe. For these entries, narrow the search to the 35th Congress and to 'Brewer.' Samples of the proceedings from 1804, 1812, and 1822 relating to the Potomac River are to be found below (go to the main series unit entry to view images). The debate in 1804 and 1812 centered on dams or causeways. The 1804 debate related to Mason's Island and the petition for a dam across the Potomac to the island. Where the Compact of 1785 was mentioned, it was applied specifically to the tidewater areas and the opposition to the bill (Mr. John Randolph of Virginia) only referred to the applicability of the Compact of 1785 in that context. The 1812 debate over improving navigation of the Potomac does not appear to take the Compact of 1785 into consideration as having any relevance to improvements above tidewater. Here the absence of references to the compact would seem to be most relevant. The 1822 discussion of financing the improving of the Potomac Navigation by canal above tidwater is interesting in that it again does not reference the Compact of 1785. It is also interesting from the standpoint that Mr. Stewart argued, unsuccessfully, that the whole improvement project should be funded from the sale of the undeveloped lots in the District of Columbia to which the Federal Government held title. He estimated that sale of 1/2 the lots would return $1,805,437. ecp 12/2/00]

MSA SC 5796-8-14
Dates1876
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
[William Pinkney Whyte and Isaac D. Jones] Joint Commission for making the boundary line between Maryland and Virginia. Reprint of the report of the Maryland Commissioners Appointed by Act Chapter 370, of 1868, to settle and Admust the Boundary Line Between the States of Virginia & Maryland Made to the General Assembly of Maryland At January Session, 1872. Baltimore: Innes & Co., Printers, and Binders, 1876. Maryland Historical Society Pamphlets 1241.

[Commissioners met for the first time on 2/1/1872 (p.4). Virginia admits that for the first time they are raising the question of the ownership of the whole Potomac (pp. 4-5). "...General Wise, for the Commissioners of Virginia, said, that they were authorized to adjust and settle the entire boundary line between the two States; that their investigations, and the maps and documents in their possession showed that Virginia was entitled to the whole Potomac River to its northern shore. ... To this it was replied, on behalf of the Maryland Commissioners, that their authority did not extend to any question affecting the line of the Potomac river, but was restricted to settling and adjusting the line of division upon the Eastern Shore of the bay; that Maryland was not aware that any other question was in issue or could be raised. ..."]

MSA SC 5796-8-15
Dates1874
MediumOriginal
StorageContact the Department of Special Collections for location.
Description
Virginia. Commission on Boundary Lines (1870-1874). Final Report of the Virginia Commissioners on the Maryland and Virginia boundary to the Governor of Virginia. Richmond: R. F. Walker, 1874. 221 p. MF187.B7.V84 Maryland Historical Society.

[See excerpts below and note the concluding paragraph of the letter of transmittal:

  • They [i.e. Henry A. Wise, D.C. DeJarnette, Wm. Watts, the Commissioners for Virginia]have omitted to notice in this report what is called the Compact between the two states in the year 1785, because it was a joint act which did not pretend even to fix boundaries; because it expressly assumed certain boundaries to be in dispute and unsettled; because it was but a temporary expedient to regulate commerce and navigation between the two states, and because, in that respect, if not in all respects, it has been superseded by the adoption of the constitution of the United States."
  • ]

    123

    This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


    Tell Us What You Think About the Maryland State Archives Website


    [ Archives' Home Page ||  Maryland Manual On-Line ||  Reference & Research
    Search the Archives ||  Education & Outreach ||  Archives of Maryland Online ]


    Governor    General Assembly    Judiciary    Maryland.Gov   


    © Copyright March 29, 2024 Maryland State Archives