HENING'S STATUTES, VOL. 8 : 1764-1773

POTOWMACK

NOTE: This act certainly suggests that Va. believed that it had-at this time-jurisdiction over the Potomac. It does not indicate, however, on which side of the river the improvements were to be made, and Art. IX suggests they envisioned the work to be done on the Virginia side, since clearly Va. courts did not have the power to value or appropriate lands or improvements on the Maryland side of the river. Nowhere does the act mention Maryland or Maryland's rights on the river.

Points to Consider: Who introduced this act? What did the Virginians think of this act? Did they believe they had jurisdiction over the entire river, or only over the Virginia side? What did Marylanders think of this act?

February 1772-12th George III, Chap. XXXI, pp. 570-79. COPY

An act for opening and extending the navigation of the river Potowmack from Fort Cumberland to tide water.

I. "Whereas the extension of the navigation of Potowmack river from tide water to fort Cumberland will be of great public utility to the colony in general, and more especially to the numerous inhabitants above the falls of the said river. And whereas many private persons are willing to subscribe large sums of money to effect so laudable and beneficial a work, and it is proper that they should be impowered to receive reasonable tolls, or duties, to enable them to cut, support, and repair, such canals, locks and other works, which may be found necessary in carrying into execution this undertaking. And whereas it is though that a lottery, under proper regulations, would greatly contribute towards encouraging so laudable a subscription:"

Be it enacted "That as soon as the persons who shall subscribe to this undertaking, or a majority of them, shall think that a sufficient sum may be raised for effecting the said intended work . . ." they are to call a meeting of subscribers who are "hereby empowered to elect a president, and eleven of the subscribers to be trustees and directors for the cutting one or more canals, erecting locks, and other works requisite for opening the said falls, and extending the navigation of the river." The trustees and directors, or the majority of them shall agree with persons willing to undertake the work.

II. President, trustees and directors are to oversee the work and financial matters.

III. Means for replacing officers. They are to render account of work

IV. Trustees etc. to render accounts annually in meeting with subscribers.

V. Subscribers can sell or transfer his rights in the works or the tolls and duties hereby given to a third party, but must offer to the trustees first.

VI. That for and in consideration of the great charges and expences the said subscribers "will be at, not only in cutting the said canal, erecting locks, and other works, for opening the said falls, and extending the navigation of the said river, but in maintaining and keeping the same in repair, the said canal and works, with all their appurtenances, shall be, and the same are hereby, vested in the said subscribers, their heirs and assigns, forever, as tenants in common, in proportion to the sums by them respectively invested." This section also sets rates and duties for goods shipped on the river.

VII. "And for preventing any rude and disorderly person, navigating boats, or other vessels, in or upon the same river, above tide water, from doing any damage, or committing any disorders . . . every person having charge of any boat, or vessel, shall be, and is hereby, made answerable and responsible for any damage or mischief that shall at any time, be done by his or their boat, or vessel . . . to any of the locks, banks, quays, or other works, to be made and erected for opening the said falls, and extending the said navigation."

VIII. When completed the works will be open to "all the king's liege people whatsoever" provided they pay the rates and duties.

IX. Provided always, "that the lands and improvements through which any such canal shall be proposed to be cut, or whereon any lock, or other work, shall be thought necessary to be erected, in opening the falls, and extending the navigation of the said river, shall be first viewed and valued by a jury, to be impannelled and sworn by order of the court of the county where such land and improvements lie, on application of the trustees," in same manner as petitions for land to build mills on, and the owners shall be paid by the said trustees before the work is performed.

[There is no provision for land or improvements on the Maryland side of the river, which presumably Va. did not have authority to appropriate.

X. Trustees empowered to initiate a public lottery to raise money for the project.

XI-XIII. All these articles concern the lottery and how it is to be carried out.

Other Entries:

BRIDGES

There are acts authorizing the erection of bridges over specific rivers; none concerning the Potomac.

CAPE HENRY

This act shows that the Assembly regulated the erection of lighthouses and that it could work in cooperation with Maryland on such a project.

February 1772-12th George III, Chap. XX, pp. 539-41.

An act for erecting a Lighthouse on Cape Henry.

Maryland lower house of assembly has passed a resolution to concur in the expense of erecting a lighthouse at Cape Henry. Appoints directors and managers who, as soon as Maryland passes act of same import with this act, have authority to act in conjunction with persons appointed by that assembly to contract and agree for the erection of the lighthouse.

FERRIES

Several acts regulating the establishment of ferries over the Potomac (and other) rivers.

January 1764-4th George III, Chap. VII, pp. 19-20.

An act for establishing a Ferry from the land of Thomas Casson, over Rappahannock River, to the opposite shore in Caroline.

Does not establish an opposite ferry.

October 1764-4th George III, Chap. VI, pp. 44-47.

An act for appointing several new Ferries, and for other purposes therein mentioned.

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."

"And where a ferry is by this act appointed on one side of a river, and one on the other side answerable thereto, it shall be lawful for the respective county courts to appoint an opposite ferry, and to allow the respective rates herein before directed; and such courts shall and may, and are hereby required, to order and direct what boat or boats, and what number of hands, shall be kept at each ferry respectively."

October 1764-4th George III, Chap. XI, pp. 52-53.

An act for exempting the inhabitants of Elizabeth City County, and also the minister and other parishioners of Suffolk in Nansemond, and on Antrim parish in Halifax, from the payment of ferriage, and for other purposes therein mentioned.

October 1765-5th George III, Chap. XXXII, pp. 146-47.

An act for establishing a Ferry from the land of Thomas Shepherd, at Mecklenburg, in Frederick county, to Maryland.

Establishes a ferry from Shepherd's land across the Potomac. No mention of an opposite ferry.

November 1766-7th George III, Chap. VI, pp. 193-95.

An act for establishing several new Ferries, and for other purposes therein mentioned.

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."

"And where a ferry is by this act appointed on one side of a river, and none on the other side answerable thereto, it shall be lawful for the respective county courts to appoint an opposite ferry, and to allow the respective rates herein before directed."

November 1766-7th George III, Chap. XXXIX, pp. 257-58.

An act for exempting the inhabitants of Mecklenburg county, and also the minister and other parishioners of St. James's parish, in the said county, from the payment of ferriage on Sundays, court days, and on the days appointed for general muster.

(This act is repealed Nov. 1769, chap. XXXVI, pp. 392-93).

November 1766-7th George III, Chap. XLII, pp. 261-62.

An act to repeal an act passed in the thirtieth year of the reign of his late majesty George the second, intituled, An act to impower the justices of the county of Norfolk to agree with persons to keep certain ferries, and to levy the expence thereof upon the inhabitants of the said county, and for other purposes therein mentioned. (April 1757-30th George II, Chap. XXV, Vol. 7, pp. 152-53).

November 1766-7th George III, Chap. XLIII, pp. 263-64.

An act for increasing the rates of ferriage at Swan's Point, James Town, and Crouche's Creek, and for other purposes therein mentioned.

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

March 1768-8th George III, Chap. V, pp. 300-301

An act to repeal so much of an act, intituled An act for appointing several new ferries, as relates to the ferry across the Fluvanna river, from and to the lands of William Cabell, gentleman.

November 1769-10th George III, Chap. XXV, pp. 368-71.

An act for appointing several new Ferries, and for other purposes therein mentioned.

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."

"And where a ferry is by this act appointed on one side of a river, and none on the other side answerable thereto, it shall and may be lawful for the respective county courts to appoint an opposite ferry, and to allow the respective rates herein before directed."

February 1772-12th George III, Chap. XXVII, pp. 554-56.

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

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."

"And where a ferry is, by this act, appointed on one side of a river, and none on the other side, answerable thereto, it shall and may be lawful for the respective county courts to appoint an opposite ferry."

March 1773-13th George III, Chap. VIII, pp. 658-59.

An act for appointing two new ferries, and discontinuing a former ferry.

None on the Potomac.

JAMES RIVER

October 1765-5th George III, Chap. XXXIV, pp. 148-50.

An act for clearing the great falls of James river, the river Chickahominy, and the north branch of James river.

The provisions of this act are basically the same as those in the act of 1772 relating to the Potomac.

MATTAPONY RIVER

February 1772-11th George III, Chap. XXXII, pp. 579-81.

An act to amend an act, intituled an act for clearing Mattapony river.

MILLS

Two acts regarding mills; none on Potomac river. These acts do not regulate the establishment of mills, but require that the owners thereof provide passages for fish.

November 1769-10th George III, Chap. XX, pp. 361-62.

An act to oblige the owners of mills, hedges or stops, on the rivers therein mentioned, to make opening or slopes therein for the passage of fish.

Applies to the Rivanna and Hedgman rivers.

February 1772-12th George III, Chap. XXXIII, pp. 581-83

An act to amend an act, intituled An act to oblige the owner's of mills, hedges, or stops, on the rivers therein mentioned, to make openings or slopes therein for the passage of fish.

Applies to the Rivanna, Hedgeman and Rappahannock rivers.

NAVIGATION

The laws regarding the James and the Potomac are also listed here, in addition to the following:

February 1772-12th George III, Chap. XXVIII, pp. 556-61.

An act for cutting a navigable canal from Archer's Hope Creek, to Queen's Creek, through or near the city of Williamsburg.

PAMUNKEY

November 1769-10th George III, Chap. XLVIII, pp. 407-8.

An act for reimbursing the inhabitants of King William and Hanover counties the expence of clearing Pamunkey river. (This act is amended p. 416 and continued p. 623).

PILOTS

November 1766-7th George III, Chap. VIII, p. 197

An act to continue an act, intituled An act for establishing Pilots, and regulating their fees.

Continues act of November 1762-3d George III, Chap. XIII, (Henings, vol. 7, pp. 580-85) for three years.

November 1769-10th George III, Chap. XVI, p. 353.

An act to continue an act, intituled An act for establishing Pilots, and regulating their fees.

Continues act of November 1762-3d George III, Chap. XIII, (Henings, vol. 7, pp. 580-85) for three years.

February 1772-12th George III, Chap. XXI, p. 542.

An act to continue an act, intituled An act for establishing Pilots, and regulating their fees.

Continues act of November 1762-3d George III, Chap. XIII, (Henings, vol. 7, pp. 580-85) for seven years.

QUAYS

This is the first act I have seen regarding the construction of quays & c.

March 1773-13th George III, Chap. VI, pp. 655-57.

An act to establish and enlarge the power of the trustees of the town of Richmond, in the county of Henrico, and for other purposes.

Art. I authorizes the trustees appoint "a public quay" and "public landings" and to direct "the making of wharfs and cranes at such public landings for the public use."

WAREHOUSES

There are several laws regarding warehouses. They concern inspectors' fees, the expenses of building and repairing warehouses, specific ones discontinued, others established etc. I have only noted the one act that refers to the Potomac.

October 1765-5th George III, Chap. XVIII, (H8:69-111)

An act for amending the Staple of Tobacco, and for preventing frauds in his majesty's customs.

This act sets rates and rules for tobacco warehouses and states where they are to be kept. One is to be kept "on the land of Philip Ludwell Lee, esq; at the falls of Potomack" and one in Prince William Co. at Quantico. Others probably on Potomac but river locations are not given.