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THE WHARF CASE. 377
It further appears, that Thomas Harrison had, on the 4th of
June, 1763, leased a certain lot of land in Baltimore town unto its
commissioners for ninety-nine years, renewable for ever, reserving
certain rent, upon which the inhabitants had erected a large build-
ing calculated for a market-house and other public uses, which
lease the General Assembly by law ratified and confirmed. (A)
Some time after which Thomas Harrison, by his petition to the
General Assembly, stated that he had accomplished his under-
taking by converting the said marsh into firm ground, which had
been laid out as an addition to Baltimore; 'and that the altering
and laying out anew the said streets, lanes, and alleys, and opening
a canal, leading from Baltimore street to the basin, would render
the adjacent lots more convenient, conduce much to the advantage
of that part of Baltimore town, and be the means of effectually
draining the said marsh, without occasioning any detriment to the
public.' Whereupon it was enacted accordingly, that the ground
should be laid out anew; and that the canal should be opened, (i)
After which an act was passed by the Legislature for the appoint-
ment of port wardens for Baltimore, who were directed to make a
survey of the port, and of the course of the channel; and it was de-
clared, that no wharf should be made, altered, or extended to the
line of the channel, since commonly called the port warden's line,
without their permission. (j)
From these legislative enactments it will be seen, that the
making of wharves was one of the means by which this marshy
ground, so added to Baltimore, was to be reclaimed; and that the
wharves, thus required to be made, so far as they extended across
and in front of the end of any streets, or other portions of that
ground, so dedicated to the use of the public, must have been con-
sidered, like the streets themselves, public and free to the use of
all, without paying toll of any kind; that the canal spoken of as
'leading from Baltimore street to the basin,' the lots adjacent to
which would thereby be rendered more convenient; and as being
'the means of effectually draining the said marsh,' must have been
a kind of cul de sac, or dock extending from the basin up into a
wide space of it, with a street or landing place, on each side; and
as the marshy ground was to be 'secured next the water by
wharves,' it is evident that such a canal or dock would give a
(k) 1765, ch. 34; Hanson's Laws, 1773, ch. 8.—(i) November, 1779, ch. 20.-
(j) April, 1783, ch. 24.
48 V.3
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