Black & Jenkins Award,1877,
msa_sc_5330_8_12
, Image No.: 17
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Black & Jenkins Award,1877,
msa_sc_5330_8_12
, Image No.: 17
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16 1776, when she surrendered other claims within the char- ter limits of Maryland; but on the contrary she expressly reserved "the property of the Virginia shores or strands bordering on either of said rivers, (Potomac and Poco- moke,) and all improvements which have or will be made thereon." By the compact of 1785, Maryland assented to this, and declared that 11 the citizens of each State respect- ively shall have full property on the shores of Potomac and adjoining their lands, with all emoluments and advan- tages thereunto belongin, and the privilege of mating and carrying out wharves and other improvements." We are not authority for the construction of this compact, be- cause nothing which concerns it is submitted to us; but we cannot help being influenced by our conviction (Chan- cellor Bland notwithstanding) that it applies to the whole course of the river above the Great Falls as well as below. t 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. To that extent Virginia has shown her rights on the river so clearly as to make them indisputable. Her efforts to show that she acquired, or that Maryland lost, the isl- ands or the bed of the river, in whole or in part, have been less successful. To throw a cloud on the title of Maryland to the south half of the river the fact is proved that in 1685 the King and Privy Council determined to issue a quo warranto against the Proprietary of Maryland, " whereby the powers of that charter and the government of that province might be seized into the King's hands" for insisting on " a; pre- tended right to the whole river of Potowmack" and for other misdemeanors. This was a formidable threat, con- sidering %vlrat a court the King's Bench was at that time; but. it never was carried out, and we can infer from it only