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Session Laws, 1831
Volume 213, Page 520   View pdf image (33K)
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RESOLUTIONS. 1881.

cognition purely from abundant caution, and to prevent quar-
rels and misunderstandings with her sister Maryland during
the revolutionary struggle, it is nevertheless a recognition
of our territorial limits within the charter, to the utmost
extent of our true boundaries, when fully ascertained and
defined. Or if she had any possible imaginary right to any
territory within the limits of our charter, it was all abso-
lutely ceded and released by her constitution to Maryland,
although becoming subject to the compact made after wards
in seventeen hundred and eighty-five.—But even in the
struggle of the revolution, Maryland did not forget to enter
her solemn protest against the proceedings of Virginia, in
regard to her territorial limits, and on the thirtieth of Oc-
tober, seventeen hundred and seventy six, in the Maryland
Convention which met to form our constitution, the twenty-
first article of the constitution of Virginia, referred to in
this report, was taken into consideration, and the following
resolutions as a protest, were unanimously adopted.

" Resolved unanimously, that it is the opinion of this
convention, that the State of Virginia hath not, any right or
title to any of the territory, bays, rivers, or waters included
in the charter granted by his Majesty Charles the first, to
Caecelius Calvert, Baron of Baltimore."

"Resolved unanimously, that it is the opinion of this con-
vention, that the sole and exclusive jurisdiction, over the
territory, bays, rivers, and waters, included in the said
charter, belongs to this state, and that the river Potomac,
and almost the whole of the river Pocomoke, being com-
prehended in the said charter, the sole and exclusive juris-
diction over the said river Potomac, and also over such part
of the river Pocomoke as is comprehended in the said char-
ter, belongs to this state, and that the river Potomac, and
that part of the Chesapeake bay, which lies between the
Capes and the south boundary of this state, and so much
thereof as is necessary to the navigation of the rivers Po-
tomac and Pocomoke, ought to be considered as a common
highway free for the people of both states, without being
subject to any duty, burthen or charge, as hath been here-
tofore accustomed."

"Resolved unanimously, that it is the opinion of this
convention, that the very extensive claim of the state of
Virginia to the back lands, hath no foundation in justice,
and that if the same or any like claim is admitted, the free-
dom of the smaller states, and the liberties of America,
may be thereby greatly endangered."

It is manifest that Virginia had no authority to give, take
away, or reserve, any portion of the country which was

 

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Session Laws, 1831
Volume 213, Page 520   View pdf image (33K)
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