Virginia's Brief In Support of Motion for Partial Summary Judgment
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Virginia's Brief In Support of Motion for Partial Summary Judgment
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t about his experience navigating the River from Frederick, Maryland to the falls." He documented those portions where shallowness or obstructions made navigation difficult .'z Notwithstanding those "inconveniences," Washington described the Potomac route at that time as "the most expeditious way to the Country.'''3 In 1770, Washington corresponded with Thomas Johnson, a prominent Marylander" and long time friend," who shared his interest in improving the navigation of the River. Johnson proposed a plan to do so through means of private subscription .'6 While supportive of the goal, 3' 1 John C. Fitzpatrick, The Writings of George Washington 100-01 (1931) (Letter from Washington to Lee of 8/1754) [hereinafter "1 Fitzpatrick"]. '- Id. '3 Id. at 101. Washington was not alone in his belief. In January 1755, Maryland Governor Sharpe and Sir John St. Clair were visiting Fort Cumberland, making "an examination of the works, the supplies, and the arms; and two days were spent in inspection and consultation as to the additions that were necessary to the stores, and the best method of getting them to the camp. About the 28" these gentlemen stepped into a small boat, at Fort Cumberland, and descended the Potomac to Alexandria. They inspected the river the entire distance traversed, with a view to determining the feasibility of sending supplies to Fort Cumberland by water, and Sir John St. Clair was of opinion that such a project was entirely practicable, could the rocks in the channel at Great Falls be removed." William H. Lowdermilk, History of Cumberland 103 (1878) (1971 ed.). 34 Johnson was elected the first Governor of Maryland in 1777. Frank F. White, Jr.,The Governors of J~laryland 5 (1970) [hereinafter "White, The Governors of Maryland"]. Washington later appointed Johnson as a Justice of this Court, where he served from 1792 to 1793. Id. at 8. Johnson nominated George Washington as the Commander-in-Chief of the Continental Army on June 15, 1775. Id. at 4; Delaplaine, supra note 30, at 84; Freeman, supra note 1, at 219. 3s White, The Governors of iWaryland, supra note 34, at 8 (describing Washington as his "close friend"). 36 Delaplaine, supra note 30, at 68-71; 3 John C. Fitzpatrick, The Writings of George Washington 17-21 (1938) (Letter from Washington to Johnson of 7/20/1770). 13