HENINGS STATUTES VOL. 12: 1785-1788

POTOWMACK RIVER

October 1785-10th Commonwealth, Chap. XI, pp. 42-44.

An act to amend the act intituled An act for vesting in George Washington, esq. a certain interest in the companies established for opening of James and Potowmack.

GW declines to accept shares; they and the profits accruing therefrom and to be applied to such objects of a public nature as GW directs.

October 1785-10th Commonwealth, Chap. XIX, pp. 60-61.

An act for improving the navigation of the south branch of Potowmack river.

[Note: This act makes no mention of Maryland or Maryland's rights to the river, but the South Branch was not the Potomac itself, but a tributary.]

"The owners or proprietors of any and every mill on the south branch of Potowmack river, from the mouth thereof upwards, to the north fork, shall, and they are hereby directed and required, on or before [Jan. 1, 1787], to make and fix in each mill-dam, a proper slope for the passage of fish up the same, and moreover to cut or cause to be cut, a canal or race, by means of which boats navigated in the said river, may conveniently and safely pass up or down the same, without being impeded by such mill-dams. . . . All hedges and other stops to the navigation of the said river, within the limits aforesaid, made or placed therein (mill-dams excepted) shall be removed and destroyed by the person or persons who made or placed the same; and that in future, no hedge or stop in any wise obstructing the course or passage of the said river, shall be placed or set therein. And if any person shall presume to make and place, or cause to be made and placed, any artificial obstruction in the said river, within the limits aforesaid, in any manner tending to impede the navigation thereof, it shall be lawful for any person to pull up and destroy the same. . ."

October 1785-10th Commonwealth, Chap. XXIII, pp. 68-69.

An act to amend the act For opening and extending the navigation of Potowmack river.

I. Whereas the president and directors of the Potowmack company, by their petition to this general assembly on behalf of the said company, have set forth, that in pursuance of the acts of assembly of this state, and of Maryland . . . they purpose to make a canal on one level to be supplied by the current of the river from a little above the Great falls of Potowmack . . . .

II. Be it enact, that the Potowmack Co. is authorized to cut a canal containing two feet of water, instead of four, at certain places.

III. This act to take place as such, on a similar law being passed by the legislature of Maryland, and not otherwise.

October 1786-11th Commonwealth, Chap. LXXIV, pp. 362-63.

An act concerning mill-dams on the South Branch of Potowmack river.

[Note: This act makes no mention of Maryland or Maryland's rights to the river, but the South Branch was not the Potomac itself, but a tributary.]

Be it enacted, that the owner or proprietor of any and every mill on the South Branch of Potowmack river, from the mouth thereof upwards to the north fork, shall be allowed the further time of one year from Jan. 1, 1787, to make and fix in each mill-dam a proper slope for the passage of fish, and to cut a canal or race by which means boats navigated in the said river may conveniently pass without being impeded by such mill dams.

October 1786-11th Commonwealth, Chap. CXIV, pp. 408-9.

An act giving further time for improving the navigation between the Great Falls of Potowmack river and Fort Cumberland.

Potowmack company shall be allowed until Nov. 17, 1790, for making and improving the navigation between the Great Falls and Fort Cumberland. This act to take place as such, on a similar law being passed by the legislature of Maryland, and not otherwise.

October 1787-12th Commonwealth, Chap. XXIV, pp. 508-9.

An act giving a more speedy remedy against delinquent subscribers to the Potowmack and James river companies.

Whereas many of the subscribers to the Potowmack and James river companies have failed to pay their subscriptions, the directors of each co. may recover any such sums in the general court at any additional or other session thereof, together with all legal cost, by way of motion to the court. The part of this act relating to the Potowmack co. is not to take effect until the Maryland legislature passes a law to the same effect.

APPAMATTOX RIVER

October 1787-12th Commonwealth, Chap. LIII, pp. 591-95.

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

October 1787-13th Commonwealth, Chap. LXXXII, pp. 792-95.

An act for improving the navigation of Appamattox river, from Broadway to Pocahuntas Bridge.

BRIDGES

An act concerning public roads (Oct. 1785, pp. 174-83) has sections concerning the erection and maintenance of bridges, and another act (Oct. 1785, pp. 220-21) authorizes a toll bridge across the James river. Neither act refers to or specifically mentions the Potomac.

CHICKAHOMINY

October 1786-11th Commonwealth, Chap. XCII, pp. 382-84.

An act for clearing and extending the navigation of the Chickahominy river.

FERRIES

Several laws regarding; I have noted only those pertaining to the Potomac. None of the other acts establish opposite ferries.

October 1785-10th Commonwealth, Chap. XXXIII, pp. 83-84.

An act for establishing several new ferries.

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, pp. 403-5.

An act for establishing several public ferries, and for other purposes.

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," "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." Act does not establish opposite ferries.

JAMES RIVER

October 1785-10th Commonwealth, Chap. LII, pp. 116-117.

An act to amend an act, intituled, An act for clearing and improving the navigation of James river.

James river co. may extend the shares and reduce depth of canal.

October 1787-12th Commonwealth, Chap. XXIV, pp. 508-9.

An act giving a more speedy remedy against delinquent subscribers to the Potowmack and James river companies.

See same act listed under Potowmack River.

MARYLAND

October 1785-10th Commonwealth, Chap. XVII, pp. 50-55.

An act to approve, confirm, and ratify the compact made by certain commissioners appointed by the general assembly of the state of Maryland and commissioners appointed by this commonwealth.

I. "Whereas, at a meeting of the commissioners appointed by the general assembly of the state of Maryland and Virginia, to wit: Daniel of St. Thomas Jenifer, Thomas Stone, and Samuel Chase, esquires, on the part of the state of Maryland, and George Mason and Alexander Henderson, esquires, on the part of the state of Virginia, at Mount-Vernon, in Virginia, on the 28^th day of March, in the year [1785], the following compact was mutually agreed to by the said commissioners:"

Text of compact follows.

II. "And whereas this general assembly are of opinion that the said compact is made on just and mutual principles for the true interest of both governments, and the same having been confirmed by the general assembly of the state of Maryland: Be it therefore enacted, That the said compact is hereby approved, confirmed, and ratified by the general assembly of Virginia, and that every article, clause, matter and thing therein contained, shall be obligatory on this state and the citizens thereof, and shall be forever faithfully and inviolably observed and kept by this government and all its citizens, according to the true intent and meaning of the said compact; and the faith and honour of this state is hereby solemnly pledged and engaged to the general assembly of the state of Maryland, and the government and citizens thereof, that this law shall never be repealed, or altered, by the legislature of this commonwealth, without the consent of the state of Maryland."

MATTAPONY

October 1788-13th Commonwealth, Chap. XLIII, pp. 698-701.

An act for opening and improving the navigation of Mattapony river.

MILLS

October 1785-10th Commonwealth, Chap. LXXXII, pp. 187-90.

An act concerning mill-dams and other obstructions of water courses.

[Note: Similar to the legislation passed back in 1745 and 1748. It's not clear how this act would apply to the Potomac; it does not mention specific rivers or indicate procedure if opposite lands lie in a different state.]

I. Be it enacted, "That when any person owning lands on one side of any water course, the bed whereof belongeth to himself, or to the commonwealth, and desiring to build a water gristmill on such lands, and to erect a dam across the same, for working the said mill, shall not himself have the fee-simple property in the lands on the opposite side thereof, against which he would abutt his said dam, he shall make application for a writ of ad quad damnum, to the court of the county wherein the lands proposed for the abuttment are . . . ." Potential mill owners who own the land on both sides of the run must still petition the county court first.

NAVAL OFFICERS

October 1787-12th Commonwealth, Chap. IV, pp. 438-52.

An act to amend the several acts of Assembly concerning naval officers and the collection of the Duties. [Note: Similar to the act of 1783; it seems clear that the act applies to ports, not to the river itself.]

This act directs that there be a naval officer at each "of the following districts," including "South Potowmack.." The residence of that naval officer shall be "at Yeocomico or Alexandria." "The master or owner of every vessel coming into this commonwealth shall proceed with the same without delay to the port at which she intends to enter: And shall within sixty hours after her arrival at moorings in such port, make to the naval officer of the district, a just and true report . . ."

PILOTS

October 1786-11th Commonwealth, Chap. XXXVIII, pp. 299-303.

An act to amend and reduce into one act, the several acts for regulating pilots, and ascertaining 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, that able and experienced pilots should be established to conduct such vessels for reasonable fees:"

[This act is very similar to act of 1783; only licensed pilots are lawful; merchant vessels must accept services of first pilot who offers, and it sets rates for pilots on Potomac river from Smith's point to various points on the river up to Eastern Branch.]

PORTS

October 1786-11th Commonwealth, Chap. XLII, pp. 320-23

An act to amend the act, intituled An act to restrict foreign vessels to certain ports within this commonwealth.

I. "For the better securing the revenue, arising from duties on imports and exports . . . and for regulating the trade of this commonwealth, whereby foreigners may be placed on a more equal footing, and the increase of seamen in this state be promoted by a due attention to internal navigation, for the extension of the commerce thereof;"

II. "Be it enacted, That from and after the first day of April next, the following places shall be, and the same are hereby established as ports of entrance and clearance for all ships and other vessels coming from or going to any port or place without this commonwealth, that is to say: "For the district of Elizabeth river, the port of Norfolk, for this district of James river . . . ; for the district of South Potowmack, for all vessels coming from or going to sea, any part of the Chesapeak by, or any part of the Maryland shore below Point Look-Out, at the port of Yocomico; all vessels coming from or going to any part of the Maryland shore above the said poit Look-Out, at the said port of Yocomico or at the port of Alexandria; (provided that in all cases of entrance or clearance at Alexandria, the same shall and may be made with the deputy appointed by the naval officer of the said district); . . . And that all vessels coming into or going out of this commonwealth shall proceed to one or other of the said ports, and shall there be subject to such regulations as are or may be by law established. . . ."

III. "And be it further enacted, That the following places shall be, and the same are hereby established as ports of delivery for the lading and unlading of all vessels coming into or going out of this state, that is to say . . . for the district of Potowmack river, the ports of Alexandria and mouth of Quantico . . ."

IV. "Provided always, and be it further enacted, That any vessel built within the United States, and wholly owned by any of the citizens thereof, shall and may lade at any port or place

within this commonwealth, with any article or articles for exportation . . ." [ie. US vessels exempt].

V. "And be it further enacted, That all persons owning any river or bay craft, except vessels employed as ferry boats, shall register the same with the cleark of the court of the county or corporation in which such owner may reside . . ."

VI. "Provided nevertheless, That nothing contained in this act, shall be construed so as to extend to the navigation of any river in this commonwealth above tide water, or to prevent the owner of any boat or flat from transporting any article of his own growth or manufacture therein."

October 1787-12th Commonwealth, Chap. III, pp. 434-38

An act to amend an act, intituled, An act to amend the act, intituled, an act to restrict foreign vessels to certain ports in this commonwealth.

I. "For the better securing the revenue arising from duties on imports and exports, whereby the burthen of regulating the trade of this commonwealth whereby foreigners may be placed on a more equal footing;"

II. "Be it enacted, That from and after the first day of February next, the following places shall be and the same are hereby established as ports of entrance and clearance for all ships and other vessels coming from or going to any port or place without this commonwealth, that is to say: . . . for the district of South Potowmack, at the ports of Yeocomico, or Alexandria: Provided, That all cases of entrance or clearance at Alexandria, shall and may be made with a deputy, appointed by the naval officer of the said district, and residing at the said port . . ."

III. "And be it further enacted, That the following places shall be, and the same are hereby established as ports of delivery for the unlading and lading of all vessels coming into or going out of this state, not built within the United States and not wholly owned by a citizen or citizens thereof, that is to say: . . . for the district of Potowmack river, the port of Yeocomico, mouth of Quantico, and Alexandria. . ."

IV. "And be if further enacts, That the following places, shall be, and the same are hereby established as ports of delivery for the unlading and lading of all vessels coming into or going out of this commonwealth, built within the United States, and wholly owned by a citizen or citizens thereof . . . for the district of Potowmack river, the ports of Yeocomico, mouth of Quantico, and Alexandria . . .'

V. Penalties for failure to comply with this act.

VI. Vessels above eighteen feet in length, to be employed as river or bay craft, to be registered.

VII. ". . . All masters or commanders of vessels coming into this commonwealth shall be obliged to make a true and just report to the naval-officer at the lowet port of entry upon the river, they shall be bound to, except the river Potowmack . . .

WAREHOUSES

There are several laws relating to; only those laws that refer to the Potomac are noted.

October 1785-10th Commonwealth, Chap. XX, pp. 61- 64.

An act establishing inspection of tobacco at Crow's ferry, in the county of Botetourt, and on the lands of Thomas Cresap, in the county of Hampshire, and for other purposes.

Warehouse on Thomas Cresap's land was "at the confluence of the North and South branches of Potowmack, in the forks of the said river" [above tidewater].

October 1787-12th Commonwealth, Chap. XXX, pp. 515-20

An act to regulate the inspection of flour and bread.

Inspectors of flour to be appointed at several places, including Alexandria. Doesn't actually mention warehouses.

October 1788-13th Commonwealth, Chap. LIX, pp. 717-18.

An act for establishing an inspection of tobacco on the lands of Abraham Shepherd, in the county of Berkeley.

Warehouse to be established on Shepherd's land "on Potowmack river in the county of Berkeley" [above tidewater].