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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from two of the Maryland Commissioners."9° After waiting a short time in Alexandria for Randolph and Madison to arrive, Mason and Henderson concluded that the other commissioners were unaware of the meeting date and that further delay was unwarranted." Not wanting to disappoint the Maryland commissioners, "who appeared to have brought with them the most amicable Dispositions, and expresss'd the greatest Desire of forming such a fair & liberal Compact, as might prove a lasting Cement of Friendship between the two States, ,92 Mason and Henderson accepted General Washington's invitation, "adjourned to Mount-Vernon, and finished the Business there."93 Thus, the commissioners for Virginia were Mason and Henderson." The commissioners for Maryland were Stone, Chase and Jenifer." Washington's diary reflects that these distinguished gentlemen convened from Friday, March 25, through Monday, March 28.96 9o Id at 836 (Letter from Mason to Madison of 12/7/1785). 9' Id. at 826 (Letter from Mason to Madison of 8/9/1785). 9' Id. at 827. 93 Id 9' The Virginia resolution of June 1784 had authorized action by "any three" of the four commissioners appointed. Journal of Virginia House of Delegates (1784), supra note 29, at 84. The Virginia resolution of December 28, 1784, concerning the Pennsylvania communication, authorized action by "any two" of the Virginia representatives. Journal of the Assembly, reprinted in 2 Rowland, supra note 1, at 73. Mason and Henderson did not have a copy of the June 1784 appointment, and thus assumed from the December 28 resolution that two or more commissioners were empowered to act. 2 Rutland, supra note 1, at 827 (Letter from Mason to Madison of 8/9/1785). 9s It is not clear why Thomas Johnson - the long-time Maryland supporter of the Potomac navigation project - did not attend. E.g., Kate Mason Rowland, The Mount Vernon Convention, XI The Penn. Magazine of History and Biography 410, 415 (1887). 96 2 Fitzpatrick, The Diaries of George Washington, supra note 50, at 354. Washington's diary for Tuesday, March 29, reported that "Major Jenifer, Mr. Stone and Mr. Henderson went away before breakfast & Col. Mason (in my carriage after) it Id. 25