| Mason, George, 1725-1792. 1) Excerpts from
"The Papers of George Mason, 1725-1792. Robert A. Rutland, editor., 1970, relating to the Compact of 1785.
George Mason accepts Maryland's claim to regulate fishing on the Potomac UNTIL they agreed to give it up to joint management and jurisdiction in 1785:
The Fisherys upon the Potomack River are becoming a very important Object; & therefore I cou'd wish the above Clause [7] in the Compact properly amended: if the
Amendment goes no further than I have mentioned [adding the words of the citizens to clarify that land owners could fish with nets and seins off their own shores], it willl
occasion no Objection from Maryland; and I wish the Article to be no[t] otherwise altered; for this was the most difficult Business we had to settle with the Maryland
Commissioners. The idea of the Right of fishing on both Shores of the Potomack River is one the Marylanders are not fond of parting with; and I trust it will be found we
have obtained every thing for Virginia, with Respect to the Potomac River, which she can desire. ..." George Mason to James Madison, December 7, 1785. (Mason Papers,
vol. II, pp.837-838.
[The issue then becomes just how much did Maryland give up and where did it apply.
In granting the right to 'full property in the Shores of Potomack River adjoining their Lands with all Emoluments and advantages thereunto
belonging and the privilege of making and carrying out Wharfs and other Improvements so as not to obstruct or injure the Navigation of the River,' Maryland only gave up its
right to regulate with regard to fishing off one's own land, and indeed retained the right to regulate (in existence since June 20, 1632) all other matters, including the licensing
of the use of the river. "Full Property in the shores adjoining their land" in particular means the full property and its regulation as determined by Maryland precedent and
Maryland land granting procedures (including the right of the state to take land and water back for public purposes), not Virginia law and precedent. Contrary to what George Mason thought
(and even indicated he really knew), Virginia did not get as much as she claims, especially with regard to regulatory powers. Editorial note, ecp 9/12/00] |
