| [9th Convention of Maryland,]
This convention being informed, that in the constitution or form
of government agreed to by the delegates of Virginia, a claim is
made by them injurious to the inhabitants of this state, Ordered,
That the same be read, and the same was read as follows, to wit:
“The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina, are
hereby ceded, released, and forever confirmed to the people of
those colonies respectively, with all the rights of property, jurisdiction and government, and all other rights whatsoever, which might
at any time hereafter have been claimed by Virginia, except the
free navigation and use of the rivers Potowmack and Pocomoke,
with the property of the Virginia shores or strands, bordering on
either of the said rivers, and all improvements which have been
or shall be made thereon. The western and northern extent of
Virginia shall in all other respects stand as fixed by the charter of
king James the first, in the year one thousand six hundred and nine,
and by the public treaty of peace between the courts of Great Britain and France in the year one thousand seven hundred and sixty
three ; unless, by an act of legislature, one or more territories shall
hereafter be laid off, and governments established westward of the
Alleghany mountains. And no purchase of lands shall be made
of the Indian natives, but on behalf of the public, by authority of
the general assembly.”
Resolved, That this convention will on tomorrow resolve itself
into a committee of the whole; to take the same into consideration. Proceedings p. 290, 1836 ed.
The convention according to the order of the day, resolved itself
into a committee of the whole, on that part of the constitution of
Virginia which was referred to their consideration ; Mr. T. Wright
in the chair. After some time spent therein, Mr. President resumed the chair, and Mr. Wright reported, that the committee had, according to order, taken the same into consideration, and had come
to several resolutions thereon, which he read in his place and afterwards delivered in at the table, where the same were again twice
read, amended, and agreed to as follow:
Resolved unanimously, That it is the opinion of this convention,
that the state of Virginia hath not any right or title to any of the
territory, bays, rivers, or waters, included in the charter granted by
his majesty Charles the first to Caecilius Calvert, baron of Baltimore.
Resolved unanimously, That it is the opinion of this convention,
That the sole and exclusive jurisdiction over the territory, bays,
rivers, and waters, included in the said charter, belongs to this state;
and that the river Potowmack, and almost the whole of the river
Pocomoke, being comprehended in the said charter, the sole and
exclusive jurisdiction over the said river Potowmack, and also over
such part of the river Pocomoke as is comprehended in the said
charter, belongs to this state; and that the river Potowmack and
that part of Chesapeake bay which lies between the capes and the
south boundary of this state, and so much thereof as is necessary
to the navigation of the rivers Potowmack amid Pocomoke, ought
to be considered as a common highway, free for the people of both
states, without being subject to any duty, burthens or charge, as
hath been heretofore accustomed.
Resolved unanimously, That it is the opinion of this convention,
that the very extensive claim of the state of Virginia to the back
lands hath no foundation in justice, and that if the same or any
like claim is admitted, the freedom of the smaller states and the
liberties of America may be thereby greatly endangered; this convention being firmly persuaded, that if the dominion over those
lands should be established by the blood and treasure of the United
States, such lands ought to be considered as a common stock, to
be parcelled out at proper times into convenient, free and independent governments. Proceedings p. 292-293, 1836 ed.
[For the original manuscript draft of the proceedings and the resolution see the images below from MSA S 989-4560-5[6}]
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