The Compact of 1785 was officially approved by the Maryland General Assembly during the 1785-1786 legislative session with the passage of Chapter I, entitled, "An Act to approve, confirm, and ratify, the compact made by the commissioners appointed by the general assembly of the commonwealth of Virginia, and the commissioners appointed by this State, to regulate and settle the jurisdiction and navigation of Patowmack and Pocomoke rivers, and that part of Chesapeake bay which lieth within the territory of Virginia."
However, the legislative history of the Compact begins in the 1784 session of the Maryland General Assembly, when the first act is passed regarding the formation of the Potomac Company, and commissioners are elected to meet with Virginia and create the Compact of 1785.
Tuesday, 21 December 1784, "Aquila Paca, Esq.; from the
council, delivers to the president a letter from his excellency general
Washington to his excellency the governor, and a letter from B. Randolph,
enclosing sundry resolutions of the State of Virginia."
Votes
and Proceedings of the Senate of Maryland. November Session, 1784. Page
20.
[A search of Archives of Maryland, Volume
71, Journal and Correspond of the State Council of Maryland, 1784-1789,
contained no references to correspondence for 1784 or 1785 concerning the
Potomac river. jh 4/20/01]
Wednesday, 22 December 1785, "The letter from his excellency
general Washington, and the letter from B. Randolph, enclosing sundry resolutions
of the state of Virginia, was read, referred to the consideration of the
house of delegates, and sent by Charles Carroll of Carrollton, Esq.
Votes
and Proceedings of the Senate of Maryland. November Session, 1784. Page
21.
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1784. Page 56.
That same day, the House sends a message to the Senate,
"May it please your honours, we consider the petition
for opening and extending the navigation of the river Patowmack, and the
resolution of the general assembly of Virginia on the subject, to be of
great importance, and worthy the immediate consideration of this government,
and therefore we wish the Senate would appoint some of its members to join
the gentlemen nominated by this house, to meet and confer with the commissioner
appointed by the state of Virginia, respecting the regulations and provisions
under which a company ought to be established for the purpose of carrying
into execution a plan for opening the navigation of Patowmack, and a road
between the said river and the most convenient western waters. This house
have appointed Mr. Cadwalader, Mr. Chase, Mr. De Butts, Mr. Digges, Mr.
Key, Mr. G. Scott, and Mr. Joseph Dashiell, to join such members of the
Senate as they may please to appoint.
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1784. Page 57.
Votes
and Proceedings of the Senate of Maryland. November Session, 1784. Page
21.
The Senate replies by saying,
"Gentlemen, we agree to the proposition in your message
of this day by Mr. Charles Ridgely of William, and have nominated Thomas
Stone, Samuel Hughes, and Charles Carroll of Carrollton, Esquires, to join
the gentlemen appointed by your house to meet and confer with the commissioners
of the commonwealth of Virginia, on the important subjects mentioned in
your message.
Votes
and Proceedings of the Senate of Maryland. November Session, 1784. pp.
21-22
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1784. Page 57.
The meeting with the Virginia Commissioners, Gens. Washington
and Gates, seems to also occur on 22 December 1785. The results of this
meeting are discussed the following Monday, 27 December 1784, in both journals.
Among the resolutions listed is the following:
"That is is the opinion of this conference, that the
removing the obstructions in the river Patowmack, and the making the same
capable of navigation, from tide water as far up the north branch of
the said river as may be convenient and practicable, will increase
the commerce of the commonwealth of Virginia and the state of Maryland....."
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1784. pp. 63-64.
Votes
and Proceedings of the Senate of Maryland. November Session, 1784. pp.
24-25.
At the same time, a bill, entitled "An Act for establishing
a company for opening and extending the navigation of the river Patowmack"
is introduced in the House, and is read for the first time. That same day,
it is read the second time by "special order." A roll call vote is held,
and the act is passed. The votes were 40 yeas and only 9 nays. There is
no debate recorded about the act. Once sent to the Senate, the act is passed
very easily on 28 December 1784. Copies of this Act and resolutions passed
during the committee meeting are sent to Virginia.
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1784. Page 65.
Votes
and Proceedings of the Senate of Maryland. November Session, 1784. Page
26.
Two weeks later, on 14 January 1785, the Senate sends
a message to the House proposing the appointment of commissioners:
"Gentlemen, we propose that four commissioners be appointed
by the joint ballot of both houses to meet the commissioners appointed
on the part of the commonwealth of Virginia, by the resolution of their
general assembly of the twenty-eighth day of June 1784, to frame such liberal
and equitable regulations touching the jurisdiction and navigation of the
waters of Chesapeake bay, and the rivers Patowmack and Pocomoke, as may
be mutually advantageous to the two states..."
The House agrees to this proposal. This sets the stage
for the Mt. Vernon Conference which produces the Compact.
Votes
and Proceedings of the Senate of Maryland. November Session, 1784. Page
42.
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1784. Page 103.
Wednesday, 19 January 1785, the House and Senate elect
commissioners and deliver instructions to them.
"Resolved, that Thomas Johnson, Thomas Stone, Samuel
Chase, and Daniel of St. Thomas Jenifer, Esquires, be commissioners for
this state to meet the commissioners appointed by the commonwealth of Virginia,
for the purpose of settling the navigation of, and the jurisdiction over,
that part of the bay of Chesapeake which lies within the limits of Virginia,
and over the rivers Patowmack and Pocomoke; and that the said commissioners,
or any two of them, have full power, in behalf of this state, to adjust
and settle the jurisdiction to be exercised by the said states respectively,
over the said waters and the navigation of the same, their proceedings
to be laid before the general assembly of this state, and to be ratified
or dissented to by the assembly; and that the said commissioners be directed
to govern themselves in the execution of the trust reposed to them..."
The Governor is also to notify either the General Assembly
of Virginia or the Governor of Virginia who the commissioners are, and
"that they will meet the commissioners of Virginia at Alexandria, on Monday
the twenty-first day of March next, or at any other time or place which
may be convenient to the commissioners of Virginia."
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1784. Page 113.
Votes
and Proceedings of the Senate of Maryland. November Session, 1784. Page
58.
The Compact of 1785, and its approval is one of the first orders of business when session begins in November 1785.
Thursday, 17 November 1785, the Senate reads "a letter
from Daniel of St. Thomas Jenifer, Thomas Stone, and Samuel Chase, Esquires,
commissioners appointed to meet the commissioners from Virginia, to his
excellency the governor, respecting the jurisdiction of that part of Chesapeake
bay within the limits of Virginia, and of the rivers Patowmack and Pocomoke,
and the compact entered into by the commissioners from Maryland and Virginia;
and also a letter from the commissioners of both states, to his excellency
John Dickinson, Esq; president of the state of Pennsylvania, respecting
the clearing and extending the navigation of Patowmack river; were read
and referred to the consideration of the house of delegates." The letter
is then read in the House the next day.
The text of the letter is not included.
Votes
and Proceedings of the Senate of Maryland. November Session, 1785. Page
3.
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1785. Page 7.
Monday, 21 November 1785, "On reading the compact of Virginia and Maryland, leave was given to bring in a bill to approve, confirm and ratify, the compact made by the commissioners appointed by the general assembly of the commonwealth of Virginia, and the commissioners appointed by this state, to regulate and settle the jurisdiction and navigation of Patowmack and Pocomoke rivers, and that part of Chesapeake bay which lieth within the territory of Virginia. Ordered, that Mr. Chase, Mr. Lethrbury, Mr. De Butts, Mr. Dashiell, and Mr. B. Worthington, be a committee to prepare and bring in the same."
"Mr. B. Worthington, from the committee, brings in and
delivers to Mr. Speaker a bill, entitled, An act to approve, confirm and
ratify, the compact made by the commissioners.... was read the first time
and second time by special order and passed, and sent to the Senate by
Mr. B. Worthington."
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1785. Page 10.
Wednesday, November 23, 1785, "Richard Barnes, Esq.; from
the Senate, delivers to Mr. Speaker the paper bill No. I, endorsed."
Votes
and Proceedings of the House of Delegates of the State of Maryland. November
Session, 1785. Page 19.
Votes
and Proceedings of the Senate of Maryland. November Session, 1785. Page
7.
The bill passed the House and Senate on two readings, with no debates or amendments. Copies of the bill were ordered to be transmitted to the legislature of Virginia.
[jh 4/20/01]