HENING'S STATUTES, VOLS. 5-13 (1738-1792)

FERRIES

The assembly routinely passed laws establishing and setting rates for ferries, both before and after 1776 and 1785. Ferries on the Potomac were both above and below the falls. Beginning in 1748 some of the laws included a section stipulating that "where a ferry is by this act appointed on one side of a river or creek, and none on the other side answerable thereto, it shall be lawful for the respective county courts, to appoint an opposite ferry." This section never appears in ferry legislation that refers exclusively to the Potomac, but it did appear in legislation that included the Potomac as well as other rivers. Since there was no Va. county court on the other side to appoint ferries, presumably that section did not apply to the Potomac, but only to the other rivers in those acts. This section is included in some but not all acts until Oct. 1776 when it last appears, then it is dropped from all ferry legislation (not just those laws that include the Potomac). The act of Oct. 1790 does not include a general clause, but it establishes specific opposite ferries to some but not all of the ferries included in the act, including one from across the South Branch of Potomac–that is from the opposite shore to Va.. But the South Branch was not the Potomac itself, but a tributary.

Relevant laws:

Only those laws relevant to the Potomac are noted; there are others establishing or discontinuing ferries on other rivers but they are not materially different from those relating to the Potomac and are not included here. Only the sections of these law relating to the Potomac are noted; most of these laws apply to other rivers as well but there is no difference in regulations concerning the Potomac and other rivers.

November 1738–12th George II, Chap. XVI, (H5:66-67)

Establishes ferry on Potowmack river, from the plantation of Francis Awbrey, in the county of Prince William, over to Maryland [below Tidewater]. County courts are to grant licenses to ferry keepers.

May 1740–13th George II, Chap. IX, (H5:104-6)

On Potowmack river, from the plantation of John Hereford, in Doeg's Neck, in the county of Prince William, over the river, to the lower side of Pamunky, in PG Co Md.; from Hunting creek warehouse, on the land of Hugh West, in Prince William Co, over the river, to Frazier's point, in Md. [both below Tidewater].

May 1742–15th George II, Chap. XIX, (H5:189-91)

On Potomack river, from the land of Ebenezer Floyd, in Fairfax Co, across the river, to Powel's landing in Md. [can't tell if above or below tidewater].

September 1744–18th George II, Chap. XVIII, (H5: 249-51)

Ferry on Potowmack is "from Evan Watkins's land, opposite to the mouth on Canagochego creek, to Edmund Wade's land, in Maryland." [Above tidewater]

FERRIES contd.

February 1745–19th George II, Chap. XIII, (H5:364-65)

Ferries on Potomack are "from the land of William Clifton, in Fairfax county, over the said river, to the land in the tenure of Thomas Wallis, in Prince George county, Maryland," and "From the land of Hugh West, in Fairfax county, over the said river, either to Frazier's or Addison's landings." [Can't tell if above or below tidewater.]

October 1748–22d George II, Chap. XVI, (H6:13-23)

Ferries are to be constantly kept at the places hereafter named at the rates specified: there are 15 ferries listed over the Potomac; one goes from George Mason's plantation across to Rock Creek; I can't tell the location of all of them but at least one is above the falls, "from Evan Watkin's landing, opposite to Canagochego creek," and two below, "from Tripplit's land below the mouth of Quantico-creek, over to Brooks's land" and "from Robert Lovell's in the county of Westmoreland, over to Maryland."

This law also stipulates that "where a ferry is by this act appointed on one side of a river or creek, and none on the other side answerable thereto, it shall be lawful for the respective county courts, to appoint an opposite ferry." It makes no reference specifically to the Potomac, but since there was no Va. county court on the other side, presumably it did not apply to that river.

November 1753–27th George II, Chap. XIII (H6: 375-76)

Several new ferries established, including one on Patowmack, "from the land now in possession of John Posey, in the county of Fairfax, across the said river to the land of Thomas Marshall in Maryland." Doesn't say anything about establishing opposite ferries.

May 1755–28th George II, Chap. XII, (H6: 494-96)

Establishes and sets rates for several new ferries, including one "from the land of Thomas Swearingen, in the county of Frederick, over Patomack river, to the land opposite thereto in the province of Maryland" [above tidewater]. Nothing about creating opposite ferries.

April 1757–30th George II, Chap. X (H7:125-27)

Establishes and sets rates for ferries over several rivers, including "from the land of George Brett, in the county of Prince-William, over Potowmack river, to the land of Roger Chamberlayne, in the province of Maryland" [below tidewater], and "from the land of Josias Clapham, in the county of Fairfax, over Potowmack river, to the land on either side the Monochisey creek, in the province of Maryland" [above tidewater].

No provision for establishment of opposite ferries.

February 1759–32d George II, Chap. XX, (H7:299-301)

Establishes ferries and rates over several rivers, including "From the land of William Tyler, in the county of Westmoreland, over Potowmack river, to Cedar Point, in Maryland" [below tidewater]. Provides for establishment of opposite ferries where none exist.

FERRIES contd.

March 1761–1st George III, Chap. IX, (H7: 401-3)

Establishes and sets rates for several new ferries, including "from the land of Robert Harper, in the county of Frederick, over Potowmack river, to his land on the opposite side in the province of Maryland" [above tidewater]. Provides for establishment of opposite ferries where none exist.

October 1764–4th George III, Chap. VI (H8: 44-47)

Establishes and sets rates for several ferries, including one "from the land of George Wilson Spooner, in Westmoreland county, over Potowmack river, to Cedar Point in Maryland." [Below tidewater]. Provides for establishment of opposite ferries where none exist.

October 1765–5th George III, Chap. XXXII (H8: 146-47)

Establishes a ferry from the land of Thomas Shepherd, at Mecklenburg, in Frederick county, to Maryland [above tidewater]. No mention of an opposite ferry.

November 1766–7th George III, Chap. VI (H8:193-95)

Establishes and sets rates for several new ferries, including one "from the land of Elizabeth Cook, in Stafford county, below the mouth of Chapawamsick creek, across the river Potowmack, to the land of Clement Kennedy, in Maryland." [Below tidewater]

Provides for establishment of opposite ferries where none exist.

November 1766–7th George III, Chap. XLIII (H8:263-64)

This act discontinues the ferry of Thomas Shepherd at Mecklenburg (now Shepherdstown), which is found unnecessary.

November 1769–10th George III, Chap. XXV (H8:368-71)

Establishes and sets rates for several new ferries, including "from the land of Benjamin Foreman, in Frederick county, over Potowmack river, to the land of the right honourable Lord Baltimore, in Maryland", and "from the land of Thomas Aubrey, in the county of Loudoun, across Potowmack river, to the land of James Hook, in Maryland" [both above tidewater].

Provides for establishment of opposite ferries where none exist.

February 1772–12th George III, Chap. XXVII (H8:554-56)

Establishes and sets rates for several new ferries, including "from the land of the right honourable the earl of Tankerville, in Loudoun county, in the tenure and occupation of John Farrow and Alexander Reame, over Potowmack river, to the opposite shore, in Maryland" [above tidewater].

Provides for establishment of opposite ferries where none exist.

Oct. 1776–1st Commonwealth, Chap. XXXII (H9:233-35)

An act for establishing several new ferries, and for discontinuing a former ferry.

Establishes and sets rates for ferries on the Dan, Fluvannah, Monongehela and Rappahannock rivers. Authorizes county courts to appoint opposite ferries with same rates; this is the last time this section appears in the legislation regarding ferries.

FERRIES contd.

Oct. 1778–3d Commonwealth, Chap. XIX (H9:546-47)

Establishes and sets rates for ferries including "from the land of Abraham Shepherd, in the county of Berkeley, over Potowmack river [above tidewater], to the land of Thomas Swearingen in the state of Maryland;" also one over the Monongalia River.

This act does not mention the establishment of opposite ferries.

Oct. 1778–3d Commonwealth, Chap. XLIV (H9:585-88)

Establishes and sets rates for ferries including "from the land of the earl of Tankerville, in the county of Loudoun, (at present in the tenure of Christian Slimmer) across Potowmack river to the opposite shore in Maryland," and from "the land of Thomas Noland, in the county of Loudoun, across Potowmack river to the land of Arthur Nelson in the state of Maryland" [both above tidewater]; also ferries over the Staunton, Fluvanna, and Dan rivers. Discontinues a ferry in Loudoun co. from the land of Josias Clapham across Potomac.

Does not mention the establishment of opposite ferries.

Oct. 1779–4th Commonwealth, Chap. XXXV (H10:196-97)

An act for establishing several new ferries, and for other purposes. New ferries over the Rappahanock and Kentucky established. Ferry over the Potomack at Shepherdstown established in 1778 is discontinued. No mention of opposite ferries.

October 1784–9th Commonwealth, Chap. XI (H11:442-43)

Establishes and sets rates for several new ferries, including one "from the lands of Ralph Humphreys, in the county of Hampshire, across the south branch of Potowmack river to the opposite shore." Does not establish opposite ferries.

October 1785–10th Commonwealth, Chap. XXXIII (H12:83-84)

Establishes and sets rates for ferries, including "from the land of John Turberville, known by the name of Dial's landing, in the county of Fairfax, across Potowmack river, to the opposite shore in the state of Maryland. Does not establish opposite ferries.

October 1786–11th Commonwealth, Chap. CVIII (H12:403-5)

Establishes and sets rates for ferries, including "from the land of Thompson Mason, deceased, in the county of Loudoun, across the Potowmack river, to the land on the opposite shore, in the state of Maryland" [above tidewater], "from the land of Robert Parker, in the county of Hampshire, across the South branch of Potowmack river, to his land on the opposite shore," "from the land of John Pancake, in the county of Hampshire, across the South branch of Potowmack to the land of Jacob Earsom, on the opposite shore," and "from the land of Isaac Parsons, in the said county of Hampshire, across the South branch of Potowmack, to his land on the opposite shore." [The ferries on South Branch are not on the Potomac itself.]

Act does not establish opposite ferries.

FERRIES contd.

October 1789–14th Commonwealth, Chap. XXXVII (H13:48-49)

Establishes and sets rates for several ferries, including "from the land of Luther Martin, in the county of Hampshire, across Patowmack river, at the confluence of the north and south branches thereof, to the opposite shore in the state of Maryland" [above tidewater].

Does not establish opposite ferries.

October 1790–15th Commonwealth, Chap. XXXIII (H13:151-52)

Act establishes and sets rates for several new ferries, including "from the lands of Conrod Glaze in the county of Hampshire, across the south branch of Patowmack, to the land of George Glaze on the opposite shore, and from the land of the said George Glaze across the south branch to the land of Conrod Glaze.

[This is unusual; it is the first act where specific opposite ferries are established, and in only a few cases in this act itself are opposite ferries established. But the "south branch" was not the Potomac itself, but a tributary.]

October 1791–16th Commonwealth, Chap. XLIII (H13:283-85)

Establishes and sets rates for several new ferries, including "from the land of Gustavus Scott, whereon Hawkins Stone liveth, in the county of Stafford, across Patowmac river, to the lands of Clement Kennedy, in the state of Maryland"[below tidewater], and "from the land of Benjamin Edwards, at the mouth of Goose creek, in the county of Loudon, across Patowmac river, to the lands in the occupation of John Baptist Pierce, on the opposite shore, in the state of Maryland" [above tidewater]. This act does not establish any opposite ferries.

October 1792–17th Commonwealth, Chap. LVI (H13:564-65)

Establishes and sets rates for several new ferries, including "from the land of Edward M'Shan, in the county of Berkeley, across Patowmac river, to the iron works in the state of Maryland" [above tidewater]. Does not establish any opposite ferries.