| 1, 25 (1910). The grant of the Northern Neck was bounded on the north by the Potomac River,
"together with the said rivers themselves . . . ." ~Vorris, 174 U.S. at 223. Thus, as of the mid-17"
century, the Royal land grants were in conflict as to the ownership of the Potomac River.
Virginia's Constitution of 1776
After the outbreak of the Revolutionary War, Virginia relinquished claims to certain
territories contained in the charters of its neighboring colonies. Article 21 of the Virginia
Constitution, adopted June 29, 1776, provided as follows:
The territories contained within the charters erecting the colonies
Ilaryland, Pennsylvania, North and South Carolina, are hereby
ceded, released, and for ever confirmed to the people of those
colonies respectively, with all the rights of property, jurisdiction,
and government, and all other rights whatsoever which might at
any time heretofore have been claimed by Virginia, except the free
navigation and use of the rivers Potowmack and Pokomoke, with
the property on the Virginia shores or strands bordering on
either of the said rivers, and all improvements which have been
or shall be made thereon.''
However, the Maryland constitutional convention in October 1776 rejected Virginia's
action and asserted that the territory within Maryland's charter was not Virginia's to cede."
Preliminary Efforts to Resolve the Jurisdiction of the Potomac River
Virginia appointed commissioners on December 10, 1777, to meet with Maryland
commissioners "in order to adjust the rights of the use, and navigation of, and jurisdiction over,
'' 1776 Va. Const. Art. XXI, reprinted in 9 Herring's Statutes at Large c. II 112, 118
(1821) (emphasis in bold added).
"John V.L. McMahon, An Historical View of the Government of Maryland.- from its
Colonization to the Present Day 60 n.77 (1831) [hereinafter "McMahon"].
9
|
