| Constitution of Virginia, 1776 reprinted in 9 Hening's Statutes at Large, Chapter 2 (1821). [9tp] [Includes Article 21 "the territories contained within the charters erecgting the colonies 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 may at any time heretofore have been claimed by Virginia, except the free navigation anduse of the rivers Potowmack and Pohomoke, with the property of the Virginia shores or strands bordering on either of the said rivers, and all improvements which have been made or shall be made thereon." [Note particularly that the explicit language following the ceding of charter rights refers only to improvements made to property bordering the mentioned rivers. When the sovereignty or ownership of the water is contained in the charter rights ceded, improvements can only refer to those made on the land and cannot extend to wharves, dikes and dams to divert or obstruct water, artificial fishing holes, and anything else that would interfere with the riparian rights of the owners of the river itself, which in this case is the State of Maryland or those who hold title under the State. ecp 1/27/01].
Virginia exhibit 16 |
