Calvert Coin with Map of Maryland
The Compact of 1785


by Carl Everstine (1946)
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MSA SC 5330-11-5, Page 19 View page image (44K) Jump to << PREVIOUSNEXT >>
Judicial History	19

ferred by that compact. But the citizens as such, indi
vidually, were in no just sense the parties to it; those
parties were the two states, of which they were citi
zens. The same power which established it, was com
petent either to annul or to modify it. Virginia and
Maryland, then, if they had retained the portions of
territory respectively belonging to them on the right
and left banks of the Potomac; could have so far
modified this compact as to have agreed to change
any or all of its stipulations. They could, by their
joint will, have made any improvement which they
chose, either by canals along the margin of the river,
or by bridges or aqueducts across it, or in any other
manner whatsoever.
	When they ceded to Congress the portions of their
	territory, embracing the Potomac river, within their
	limits, whatsoever the legislatures of Virginia and
	Maryland could have done by their joint will, after
	that cession could be done by Congress; subject only
	to the limitations imposed by the acts of cession.
	We are satisfied, then, that the act of Congress,
	which granted the charter to the Alexandria Canal
	Company, is in no degree a violation of the compact
	between the states of Virginia and Maryland ....

	What the Court said was that since Maryland and Vir
	ginia jointly could have modified the Compact at any time,
	Congress after the cession of the territory embraced in
	the District of Columbia succeeded to the right of both
	states so far as the District was concerned, and therefore
	it was within the power of Congress to modify the Com
	pact within the District of Columbia.

	Two things may be noted about the decision. First, when
	Congress passed the act authorizing the Alexandria Canal
	Company to construct the canal it did not specifically
	modify or repeal the Compact of 1785. The Canal Company
	act did not even refer to the Compact. Therefore, if the
	Canal Company Act did repeal or modify the Compact so
	far as concerned this portion of the District, it was only
	as a matter of necessary implication.



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MSA SC 5330-11-5, Page 19 View page image (44K) Jump to << PREVIOUSNEXT >>


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