2 The Compact o f 1785 the fact of there being areas of uncertain jurisdiction was fully recognized by it.' Each of the two states had a particular reason for wanting a compact. On the part of Virginia, it was "to adjust and confirm the rights of each to the use and navigation of, and jurisdiction over the Bay of the Chesapeake, and the rivers Potomac and Pocomoke . . . ." Such a statement was made by Virginia in 1777, in a call for Maryland to appoint commissioners to meet with others from Virginia. Maryland accepted this call for a meeting and appointed three commissioners. In the Instructions drafted for the commissioners, the main consideration for the proposed compact on the part of Maryland was stated as follows: You are to insist that the Commonwealth of Virginia shall expressly relinquish every claim to impose tolls on any vessels whatever sailing through the Capes of Chesapeake Bay to the State of Maryland or returning from this State through the said Capes, outward bound; this you are to insist upon as a condition sine qua non, and if not acquiesced in by the commissioners from the commonwealth of Virginia, you are to break up the conference .... The main consideration for the Compact were to be, then, that Virginia should relinquish her right to charge tolls for vessels going through the Virginia Capes, in return for rights of use, navigation and jurisdiction in the waters of the Chesapeake Bay and of the Potomac and Pocomoke rivers. The conference held pursuant to the call made in 1777 was not successful in reaching an agreement, but another was proposed in 1784. It was originally scheduled to meet 1 Historical accounts of the origins of the Compact may be found in Scharf's History of Maryland (1879). II. 528 et seq; in the opinion of Mr. Justice Field in Wharton v. Wise (153 U.S. 155, 162) ; and in the opinion of Chief Judge Marbury in Barnes v. Maryland Daily Record, May 17, 1946: 37 A. . 2d 50 ; 186 Md . . .). A summary of the several boundary disputes involving Maryland and Virginia is in Appendix A.
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