HENING'S STATUTES VOL. 11: 1782-1784

POTOWMACK RIVER

This act does not specify that it will only take effect when Maryland passes similar legislation (as do some of the later acts relating to the company), though it does seem to be implied.

October 1784-9th Commonwealth, Chap. XLIII, pp. 510-25

An act for opening and extending the navigation of Potowmack river.

I. " Whereas the extension and navigation of Potowmack river, from tide water to the highest place practicable on the North branch, will be of great public utility, and many persons are willing to subscribe large sums of money to effect so laudable and beneficial a work; and it is just and proper that they, their heirs, and assigns, should be empowered to receive reasonable tolls forever, in satisfaction for the money advanced by them in carrying the work into execution and the risk they run: And whereas it may be necessary to cut canals and erect locks and other works on both sides of the river, and the legislatures of Maryland and Virginia, impressed with the importance of the object, are desirous of encouraging so useful an undertaking: Therefore,"

II. "Be it enacted by the General Assembly of Virginia, That it shall and may be lawful to open books in the city of Richmond, towns of Alexandria and Winchester, for receiving and entering subscriptions for the said undertaking under the management of [several persons in Virginia] and of such persons and at such places in Maryland as have been appointed by the state of Maryland." Meeting of subscribers to be held in Alexandria May 17 next. How subscriptions to be taken, amount to be subscribed. Total capital to be raised $222,222.22. If less than half is subscribed all subscriptions are void.

III. Once half the capital raised the subscribers at first meeting are to be incorporated as the "Potowmack Company." Those present are empowered to elect a president and four directors to manage the company's business; they are to serve for a term not exceeding three years.. How votes to be apportioned (1 vote per share up to 10 shares, one vote per 5 shares thereafter).

IV. President and directors have power to agree with any person or persons, on behalf of the company, "to cut such canals, and erect such locks and perform such other works as they shall judge necessary for opening, improving, and extending the navigation of the said river above tide water, to the highest part of the North Branch, to which navigation can be extended, and carrying on the same from place to place, and from time to time, and upon such terms, and in such manner, as they shall think fit; and out of the money arising from the subscriptions and the tolls, and other aids herein after given, to pay for the same, and to repair and keep in order the said canals, locks, and other works necessary thereto." They are to appoint treasurer, clerk and such other officers, toll gatherers, managers, and servants as they judge necessary and keep and settle their accounts, and to transact all other company business in between meetings.

V. President and directors authorized to collect sums subscribed from the subscribers, or to sell shares of delinquent subscribers.

VI. Means for replacement or continuation of president & directors and the end of their terms or in case of death, resignation etc.

VII. President and directors to take oath or affirmation for the due execution of office. VIII. A general meeting of proprietors to be held first Monday of August annually; proprietors present must own total of 100 shares to constitute a general meeting.

IX. "The said canals and works, with all their profits, shall be, and the same are hereby vested in the said proprietors, their heirs, and assigns forever. . . and the same shall be deemed real estate, and be forever exempt from payment of any tax, imposition or assessment whatsoever." Sets tolls the company can collect on commodities transported. Tolls to be collected in three places: "At the mouth of the South Branch," "At Payne's Fall," and "At the Great Falls."

X. "That the said river and the works to be erected thereon in virtue of this act when completed, shall forever thereafter be esteemed and taken to be navigable as a public highway, free for the transportation of all goods, commodities, or produce whatsoever, on payment of the tolls imposed by this act, and no other toll or tax whatever for the use of the water of the said river, and the works thereon erected, shall at any time hereafter be imposed by both or ether of the said states, subject nevertheless to such regulations, as the legislatures of the said states may concur in . . . . And whereas it is necessary for the making the said canal, locks and other works, that a provision should be made for condemning a quantity of land for the purpose:"

XI. "Be it enacted, That it shall and may be lawful for the said president and directors or a majority of them, to agree with the owners of any land, through which the said canal is intended to pass for the purchase thereof, and in case of disagreement" the justices of the county in which the land lies shall have the sheriff summon a jury to value the land and the company shall be seized of the land on paying the valued amount.

XII. The president and directors are authorized to agree with the proprietors for the purchase of a quantity of land, not exceeding one acre, at or near each of the toll places to erect necessary buildings; in case of any disagreement the land can be valued, condemned, and paid for as aforesaid. "And whereas, some of the places through which it may be necessary to conduct the said canals, may be convenient for erecting mills, forges, and other water works, and the persons, possessors of such situation, may design to improve the same," and this act intends to improve navigation, not interfere with private property

XIII. "Be it enacted, That the water or any part thereof conveyed through any canal or cut made by the said company, shall not be used for any purpose but navigation, unless the consent of the proprietors of the land through which the same shall be led, be first had." President and directors are empowered and directed to answer both the purposes of navigation and water works if it can be conveniently done, and to enter agreements with the proprietors of such situations.

XIV. Proprietors can transfer or devise their shares.

XV. President and directors empowered to receive and take in subscriptions and to sue for delinquent amounts.

XVI. If initial capital insufficient the president and directors can increase capital by adding shares.

XVII. Tolls payable at each of the three tolls places only if the company makes the river in that section navigable in dry seasons; and if it cuts a canal around Great falls; otherwise tolls only partially payable for those sections which are navigable.

XVIII. Company must begin work within one year, and navigation must be made and improved between the Great falls and Fort-Cumberland within three years, and from the Great falls to tide water within ten years.

XX. Treasurer of Va. to subscribe 50 shares.

XXI. "That so much of every act and acts within the purview of this act, shall be, and the same is hereby repealed."

October 1784-9th Commonwealth, Chap. XLIV, pp. 525-26.

An act for vesting in George Washington, esq. a certain interest in the companies established for opening and extending the navigation of the Potowmack and James rivers.

Va. treasurer to subscribe 50 shares in Potomac and 100 shares in James river companies to be vested in GW.

BRIDGES

No entry in index.

ELIZABETH RIVER

October 1783-8th Commonwealth, Chap. XX, pp. 332-37.

An act for cutting a navigable canal from the waters of Elizabeth river to the waters of North river.

FERRIES

Various acts re. ferries; only one applies to the Potomac. None of the other acts mention establishment of opposite ferries.

October 1783-8th Commonwealth, Chap. XXVII, pp. 344-45

An act to amend the several acts for regulating public ferries.

Establishes ferry over the rivers Staunton and Dan. No provision for opposite ferries.

May 1784-8th Commonwealth, Chap. IX, pp. 370-71

An act for establishing a new ferry, and discontinuing the ferry established from the lands of Jesse Sheldon to Urbanna.

Over the Rappahannock; no opposite ferry established.

October 1784-9th Commonwealth, Chap. XI, pp. 442-43.

An act for establishing several new ferries.

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.

JAMES RIVER

October 1783-8th Commonwealth, Chap. XXV, pp. 341-42.

An act appointing certain persons to receive subscriptions and contract with undertakers for the clearing of James river through the South mountain.

May 1784-8th Commonwealth, Chap. XIX, pp. 450-62.

An act for clearing and improving the navigation of the James river.

This act is very similar to the act for opening the Potomac. Same method of acquiring capital through subscriptions, of electing a president and directors to oversee the work and so forth.

MATTAPONY

October 1784-9th Commonwealth, Chap. XLVIII, pp. 530-32.

An act to amend the act "For clearing Mattapony river."

Whereas acts of 1753 and 1770 raised by subscription and laid out a considerable sum for clearing the said river, but the war soon afterwards withdrew the attention of the trustees, and persons have since erected hedges and stops and other obstructions to navigation, and the subscribers want to reopen navigation, this act directs that once the trustees under former acts have reopened the navigation, the proprietors of land on the river are to remove all obstructions.

MILLS

No entry index.

NAVAL OFFICERS

May 1783-7th Commonwealth, Chap. XXI, pp. 258-64.

An act to amend and reduce into one Act, the several acts of assembly for the appointment of Naval-Officers, and ascertaining their fees.

Appoints a naval officer for the several naval districts, one of which is "the district of South Potowmack, and a deputy for the said district to reside at Alexandria. The naval office for this district shall be kept at "the mouth of Yocomico."

Naval officers are to enter and clear vessels. Presumably this applies to ships entering Virginia ports, not the Potomac river itself.

NORTH WESTERN TERRITORY

October 1783-8th Commonwealth, Chap. XVIII, pp. 326-28.

An act to authorize the delegates of this state in congress, to convey to the United States, in congress assembled, all the right of this commonwealth to the territory north wester of the river Ohio.

PILOTS

May 1783-7th Commonwealth, Chap. I, pp. 185-89.

An act for establishing pilots and regulating their fees.

I. "Whereas it is necessary for the safety and preservation of vessels coming into the bay of Chesapeake, bound up the rivers of this commonwealth [including the Potomac], that able and experienced pilots should be established to conduct such vessels, for reasonable fees, to their several moorings. . ." this acts appoints examiners to certify pilots. Only licensed pilots may "conduct or pilot any vessel coming from sea to any place or places hereafter-mentioned."

III. Every master of a merchant's vessel coming from sea, shall be obliged to receive the first pilot who offers to conduct his vessel, or shall pay him full pilotage to the first port, and shall continue the same pilot to his first port of discharge.

V. And for preventing any exorbitant demands for pilotage, this act sets prices to be charged on the various rivers. Gives rates to be charged from the cape to Smith's point, on South Potowmack, from Smith's point up the Potomac to Coan or Yocomico, to Machodack, to Upper Machodack, to Nangomy, to Boyd's Hole, to Quantico, to Ocoquan, to Piscataway, to Alexandria, and to Eastern Branch.

PORTS

May 1784-8th Commonwealth, Chap. XXXII, pp. 402-404

An act to restrict foreign vessels to certain ports within this commonwealth.

I. "Whereas the trade and commerce carried on between the citizens of the commonwealth and foreign merchants, would be placed upon a more equal foundation, and expedition and dispatch thereby be better promoted, if the vessels of foreign merchants trading to this state should be restricted to certain ports and places with the same, in lading and unlading, and the revenue arising from commerce would also thereby be more certainly collected:"

II. "Be it therefore enacted, That the ships and other vessels trading to this commonwealth from foreign parts, which are the property of other than the citizens of the same, shall enter, or clear out, lade and unlade, at the following places, to wit: Norfolk and Portsmouth as one port, Bermuda Hundred, Tappanhannock, York Town, or Alexandria, and at no other ports or places therein . . ."

III. "And whereas the navigating small country craft by slaves, the property of the owners of such craft, tends to discourage free white seamen, and to encrease the number of such white seamen would produce public good:"

IV. "Be it therefore enacted, That not more than one-third part of the persons employed in the navigation of any bay or river craft, below the falls of te rivers, shall consist of slaves . . ."

V. "Provided nevertheless, That nothing contained in this act shall be so construed as to extend to the navigation of the rivers westward of the Allegany mountains."

WAREHOUSES

There are several laws regarding specific tobacco warehouses (none on Potomac) and one general law; there is also one law re. hemp warehouses.

May 1783-7th Commonwealth, Chap. X, pp. 205-46.

An act to amend and reduce the several acts of assembly for the inspection of tobacco, into one act.

The act directs [pp.210-11] where public warehouses are to be kept; they are listed by county and name rather than river, but those in Fairfax County are probably on the Potomac; they are: "at Colchester, at Alexandria, and at the falls of Potowmack." Those "in the county of Prince William, at Quantico and at Dumfries" probably were as well. Others undoubtedly were also, but can't determine from the list [some counties border more than one river].

May 1784-8th Commonwalth, Chap. XXXVII, pp. 412-5.

An act for establishing an inspection of hemp.

Establishes warehouses for inspection of hemp at Alexandria and Fredericksburg.