| 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 |
