| Correspondence between James Madison and Thomas Jefferson concerning jurisdiction over the waters of the Potomac.
On March 16, 1784, Madison wrote Jefferson his view of the ownership of the Potomac which argued that the patents of the Northern Neck were older and thus superior to Lord Baltimore's grant. Jefferson was in Annapolis and Madison was encouraging him to do some research into the matter.
The Charter granted in 1732[1632] to Lord Baltimore makes, if I mistake not, the Southern Shore of the Potowmac, the boundary of Maryland on that side. The Constitution of Virginia cedes to that State "all the territories contained within its charter with all the rights of property, jurisdiction and Government and all other rights whatsoever, which might at any time have been claimed by Virginia, excepting only the free navigation and use of the Rivers Potowmac and Pokomoque etc." It is not to be apprehended that this language will be constructed into an entire relinquishment of the Jurisdiction of these rivers, and will not such a construction be fatal to our port regulations on that side and otherwise highly inconvenient? I was told on my journey along the Potowmac of several flagrant evasions which had been practiced with impunity and success, by foreign vessels which had loaded in Alexandria. The jurisdiction of half the rivers ought to have been expressly reserved. The terms of the surrender are the more extraordinary, as the patents of the N. Neck place the whole river potowmac within the Government of Virginia; so that we were armed with a title both of prior and posterior date, to that of Maryland. What will be the best course to repair the error? --to extend our laws upon the River, making Maryland the plaintiff if she chooses to contest their authority-- to state the case to her at once and propose a settlement by negociation-- or to propose a mutual appointment of commissioners for the general purpose of preserving a harmony and efficacy in the regulations on both sides. The last mode squares best with my present ideas. It can give no irritation to Maryld. It can weaken no plea of Virga. It will give Maryland an opportunity of stirring the question if she chooses, and will not be fruitless if Maryland should admit our jurisdiction. If I see the subject in its true light no time should be lost in fixing the interest of Virginia. The good humor into which the cession of the back lands must have put Maryland, forms an apt crisis for any negociation which may be necessary. You will be able probably to look into her charter and her laws, and to collect the leading sentiments relative to the matter. Smith, Republic of Letters, I:302-303
In April 1784, a year before the conference at Mt. Vernon, Jefferson replied from Annapolis that he liked the method Madison proposed and noted that to introduce this the more easily I have conversed with Mr. Stone (one of their delegates) on the subject and finding him of the same opinion have told him I would by letters bring the subject forward on our part. They will consider it therefore as originated by this conversation. Smith, Republic of Letters, I:310
On July 3, 1784, Madison wrote Jefferson that Col. Mason, the Attorney, Mr. Henderson and myself are to negociate with Maryland if she will appoint Commissioners to establish regulations for the Potowmac. Smith, The Republic of Letters, I:323.
On January 9, 1785, Madison sent Jefferson a long letter describing the actions of the Virginia Legislature just then ended. He notes that Washington was in Annapolis negotiating with the Maryland Legislature over the improvements to the navigation of the Potomac and that Virginia had passed a resolution late in the session concerning the benefits of cooperation among Pennsylvania, Maryland and Virginia in improving communication westward along and beyond the Potomac. This Resolution did not pass till it was too late to refer it to Genl. Washington's negociations with Maryland. It now makes a part of the task alloted to the Commissrs. who are to settle with Maryd. the jurisdiction & navigation of Potowmac below tide water. Madison Papers, VIII:225, and Smith, Republic of Letters, 1:358.
Madison again wrote Jefferson on April 27, 1785 I understand that Chase and Jennifer on the part of Maryland, Mason and Henderson on the part of Virginia have had a meeting on the proposition of Virga. for settling the navigation and jurisdiction of Potowmac below the falls, and have agreed to report to the two assemblies, the establishment of a concurrent jurisdiction on that river and Chesapeak. The most amicable spirit is said to have governed the negociation. Jefferson Papers, VIII:113
The last major reference in the Madison/Jefferson correspondence to Maryland's jurisdictional claims over the Potomac seems to come in January of 1797 in a letter from Jefferson. I suppose you are informed of the proceedings commmenced by the legislature of Maryland to claim the South branch of Patowmac as their boundary, and thus, of Albemarle now the central county of the state, to make a frontier. As it is impossible upon any consistent principles and after such a length of undisturbed possession that they can expect to establish their claim, it can be ascribed to no other than an intention to irritate and divide, and there can be no doubt from what bow the shaft is shot. However let us cultivate Pennsylvania and we need not fear the universe. The assembly have named me among those who are to manage this controversy. But I am so averse to motion and contest, and the other members are so fully equal to the business that I cannot undertake to act in it. I wish you were added to them.... Smith, Republic of Letters, I:960-61 [editorial note: Madison
originated the idea of negotiation by commissioners. He let Jefferson take the credit for it in Annapolis while he was there attending Congress and while he would have a chance to do
research on Maryland's charter. Madison shifted his
position from that of blatant advocacy of Virginia's rights (in the face of Virginia's
own constitutional language) to that of accepting
1) that the compact only applied to navigation and Navigational use of the Potomac below the Falls (clearly the prevailing view)
2) that Maryland's jurisdiction did extend to the whole of the Potomac above the tide water
3) the claims of prior patents in Virginia's favor (particularly those relating to the Northern Neck) were erroneous and could not be sustained. This observation is further supported by the subsequent court review of the two grants and is implicit in the correspondence as it develops from Madison's first assertion to his conclusion that they should try to get as much as they can out of the good will of Maryland and be satisfied that anything would be better than what they currently had under Virginia's Constitution. As Madison makes explicitly clear, what Virginia got by negotiation in 1785 was an agreement that related only to the waters of the Potomac below Tidewater. ecp 9/21/00 and 2/2/01
requested pages, AS 10/27/00:
281, 302-03, 307-08,323,369, 396, 960-61, 356-58, 428-29, 459-60,516, 1253] |
