Acts & Proceedings Regulating Ferries
While Virginia does appear to have had some influence on the placement and operation of Potomac River Ferries, Maryland's General Assembly appears to have excercised some form of control over ferries. The earliest legislation relating to a ferry is the Act of 1638/9 that provided for a ferry across the St. George's River. "By 1658, a more general need for ferries was expressed, and the Assembly required each county except Kent, to maintain a ferry out of the county tax levy The 1658 act made the county courts responsible for ferries, though ferry operations soon were assumed by private enterprise. The county courts later became responsible for roads as well, and over the next two centuries, while the legislature authorized the laying out, building, and repairing of roads and bridges, both public and private, the counties, through commissioners or elected road commissioners, actually built and paid for them." From the Maryland Manual, 1991-1992
I suspect there should be more information on the licensing, regulating, and administration of ferries in the County Courts, Levy Courts, and land records. There may also be specific differences as to the requirments of a public and private ferry that may need to be examined.
Listed below are acts, proceedings, and relevant material relating to the regulation of ferries.
1638/9 An Act
April 1658, Chapter 10, An act concerning ferries
September 1664, Chapter 31, 2 every 3 years Repealed 1676 chapter
C.
Baltimore Additional Orders and Instructions to Our Agent No. 27, 1733
You shall Cause all the Rents of my Leases for Lands
Ferrys &c. to be paid you in Sterling.
5thly Whereas the Justices of Several County Courts have taken
upon them to agree for certain Rates with persons for keeping
Ferrys over several of the Rivers within my Province for the In
habitants of their Several Counties and to Assess those Rates upon
the Inhabitants without any Law to Warrant such Assessment
which practice is not only an Invasion of our Right, But an Injury
to the People who are assessed Contrary to Law, you are therefore
hereby directed to take proper measures to put a Stop to such illegall
practices, And to take all necessary Care that neither Our Right
or property be Invaded or the people imposed on in that particular.
220 Assembly Proceedings, May 26-June 22, 1741.
L. H. J.
By the Committee of Aggrievances and Courts of Justice June 12.
1741
Whereas Complaint has been made to Your Committee that Per-
sons Travelling the Kings High Ways of this Province are stopt
and hindered in their Journeys and prosecuting their Lawful Affairs
tho' of never so great Importance Publick or Private by means of
the Restraint laid on the several Ferries on such Highways by his
Lordships Agents and Ministers who by vexing and terryfying
People with vexatious Law Suits and Heavy Fines who should
(as usual it had been) transport or carry over such Ferries in the
Highways aforesaid his Majestys Subjects unless they should have
p. 279 first Compounded with his Lordships Agents or Ministers
for an
exhorbitant and Yearly Sum to be Paid out of their Labour by Way
of a Fine for a License for so doing by means whereof Persons com-
modiously Scituate on the Banks of Bays Rivers and Inletts on such
Highways and whose Property the Shore stands and Landings Con-
tiguous to such High Ways are intimidated and prevented from
Necessary Boats and convenient Vessels from transporting and carry-
ing over such Bays Rivers Creeks and Inletts his Majestys Subjects
to the great delay and hindrance of Business Publick and Private
and manifest Prejudice of his Majestys Liege and dutiful Subjects
That his said Lordships Agents and Ministers take upon them-
selves to Rate what shall be paid by his Majestys Subjects for passing
over such Publick Ferries being the Kings Highways and of late
have doubled such Rates which the People are necessitated to Pay
or otherwise their Affair to be entirely obstructed: and have likewise
increased the Fines for such Ferry Licenses
That inasmuch as this Province is very Luxuriant in Bays Rivers L. H. J.
Creeks and Inletts over which the High Roads aforesaid leads such
Taxations will in time become most Oppressive and Burthensome as
in reallity it now is, Your Committee have hereunto annexed A Copy
of a License Granted by his Lordships Agent for keeping such
Ferries for the Consideration of Your Honourable House
Your Committee humbly Observe that so early as the Year 1638
Ferries were settled and Regulated by Act of Assembly and at other
times since which Acts left the Chief direction to the County Courts
which they till of late practiced to settle and regulate
We likewise humbly Observe that in our Neighbouring Colony
immediately under his Majesty's Government the several Ferries
are by Act of Assembly regulated for the ease and Conveniency of
the People
Your Committee are humbly of Opinion his Lordships Agents
and Ministers Taxing and rating his Majestys Subjects of and by
his and their sole Power and Free Will without Law to support the
same, in a most arbitrary and illegal Proceeding is a very great
Aggrievance and Innovation on the Rights of his Majestys Sub-
jects the good People of Maryland and that such Practices of his
Lordships Agents and Ministers tend to Alienate the Affections of
the People from his Lordships Good Rule and Government
But is humbly submitted to the Consideration of your Honourable
House Signed p Order William Cumming C+ Corn.
November 1781, Chapter 22, An Act to regulate public ferries
Places the power to grant licenses and regulate public ferries in the
County Courts including "...from such place to any other county, or from
this to any other state..."
April 1782, Chapter 31, A Supplement to the act to regulate public ferries
November 1788, Chapter 33, An additional supplement to the act to regulate public ferries
November 1791, Chapter 65, An additional supplement to the act entitled, An act to regulate public ferries
November 1799, Chapter 83, An additional supplementary act to the act to regulate public ferries
By
the HOUSE of DELEGATES, December 27, 1799.
GENTLEMEN OF THE SENATE,
WE cannot assent to the amendments proposed to the bill, entitled, An act to regulate public ferries, because they change and introduce principles in direct violation of private rights. The laws now in force are uncertain and inexplicit. The property and rights of citizens to an amount exceeding twenty thousand dollars per annum is at stake; and under this impression we solicit an early conference with you on this interesting business, and have appointed Mr. Digges, Mr. Key, Mr. Edmondson, Mr. Carroll and Mr. Duckett, to join such gentlemen as you may appoint conferrees on this subject.
By
the SENATE, December 28, 1799.
GENTLEMEN,
THE amendments proposed by the senate to the bill for regulating ferries, resulted from great deliberation; and on mature reflection they have resolved to adhere to the provisions which those amendments were calculated to secure. On examining the exiting laws upon the subject of ferries, and the operation of those laws for many years, we could not discover that any inconveniencies prevailed, except perhaps from the limitation of the power of the county courts in the establishment of public ferries at places where such undertakings have been used since the passage of the original act, and from the excess of power given over the property of owners or possessors in case of refusal or disability to keep or rent the ferries attached to their soil. These inconveniencies are proposed to be remedied by the amendments of the senate; in all other respects the provisions of the present acts are preserved, without material alteration, and were comprised into one system for more general convenience. We saw no good reason for divesting the county courts of the power heretofore given them upon this subject; and therefore all the amendments relating to this branch of the bill, only proposed to leave the authority where it has all along subsisted; we perceived that the provisions of the existing laws were intended to prevent monopolies, and to excite a valuable competition among different persons licenced at the same ferry; and approving of this policy, we thought it proper to preserve it in the formation of a new law. It must be conceded, that independently of any law, every citizen has a right to use a public highway leading to any water, and also a right to cross that water, and to land upon the highway on the opposite shore; he has of course a right to employ a boat and labourers for this purpose, and also for the accommodation of others who may desire to pass over the same water; and this right is now restrained in no other degree than has become necessary for public convenience, by the due regulation of ferries. Upon the whole, if you will be pleased to compare the amendments with the provisions of the existing laws, you will find that nothing affecting the rights of any individual whatsoever has been proposed by the senate; on the contrary, you will perceive, by a careful attention to the provisions of the proposed bill as originated by the house of delegates, that the right or privilege of keeping a public or county ferry was limitted to the proprietor of the soil binding on the water, to the exclusion of all other persons; a right or privilege clearly calculated to create a monopoly, contrary to the spirit of the bill of rights, and to prevent that competition so obviously useful to the community. For these reasons we cannot recede from our amendments, and hence, we presume, you will acquiesce with our desire to decline the conference which you have proposed.1815, Chapter 72 Act regulating public ferries
By order, A. VAN-HORN, clk.
December 1822, Chapter 67 Act granting a license to operate a ferry across the Potomac River in Washington County to "Falling Water," Va.
March 1832, Chapter 146 Act Crossing Chichester's lands to Black Walnut Island, license to operate granted to L.M. Chichester
1836, Chapter 109 Act establishing ferry in Washington County at Hancock over the Potomac River
1852, Chapter 189 Act to provide for a Ferry at Mataponi Landing to Cross Potomac River
1860
The Maryland Code : Public General Laws and Public Local Laws, Art. 39
p. 302-310
Law relating to public ferries includes entire county.
1866, Code of Public General Laws in relation to, 35. section 14, article 39, Code Public General Laws, entitled, "Ferries." Mention of possible amendment of 1860 law.
1880, Chapter 350 County Commisioners establish a ferry across the Potomac River at Hancock
1896
County Commissioners. from Maryland Manual 1896
—County commissioners are a body
corporate; elected by the people, and their terms are six years;
vacancies are filled by the Governor; they shall make the annual
levy before the first of July in each year; they shall provide for
the collection of the levy; provide ‘for the county expenditures;
pay no claim without a voucher; shall publish annually a state-
ment, minute and detailed, of expenses; they shall not be inter-
ested in any contracts with the county; shall have control of
the public roads, bridges, and the assessment of property; may
appoint commissioner to drain lands; may establish meridian
lines; open private road where land owner or occupants are en-
titled to road to public places; may establish public landings;
establish and control almshouses; buy a lot for school purposes;
impose the State taxes; provide public ferries; may suspend
sales of property advertised for sale for non-payment of taxes;
may provide for the taxation of dogs; must provide a safe repos-
itory for wills; must appoint a keeper of weights and measures.
No bond; salary in the several counties variable. Articles 25,
4, 5, 22, 24 26, 30, 33, 35, 37, 39, 43, 51, 59, 77, 81, 93, 97, of
the Code.