| The commissioners produced a 1 3-article Compact, now referred to as the "Compact of
1785" or the "Mt. Vernon Compact."9' Consistent with the previous direction of their
legislatures, they also issued a joint communication to the Commonwealth of Pennsylvania."
With minor differences in punctuation, that communication tracked the text of the December 28,
1785 Virginia resolution, advising Pennsylvania of the Maryland-Virginia plans "to promote the
clearing & extending the Navigation of Potomack, from tide-Water, upwards, as far as the same
may be found practicable," and seeking its cooperation and support."
Most of the thirteen articles of the Compact were quoted or paraphrased at length by the
Supreme Court in Wharton v. Wise, 153 U.S. 155, 163-66 (1894), in which the Court upheld the
validity of the Compact. The Court observed that "[t]he provisions of the compact were well
designed to promote the peace, good neighborhood, and welfare of both States, and facilitate
intercourse between their citizens . . . ." Id. at 166.
Many of the articles involved the regulation of commerce, shipping and trade. This was
necessary because. under the Articles of Confederation then in place, there was no federal
superintendence over interstate commerce. Id. at 166-67. Maryland's commissioners prevailed
9' Compact of 1785, 1785-86 Md. Acts c. I, 1785-86 Va. Acts c. XVII, reprinted in 12
Hening's Statutes at Large 50 (1823); see also 2 Rutland, supra note 1, at 815-21 (reprinting
text).
98
2 Rutland, supra note 1, at 822-23. Mason later recounted that General Washington
had a copy of the December resolution "respecting the Application to be made to the
Government of Pennsylvania, which he very obligingly gave us . . . ." Id. at 826 (Letter from
Mason to Madison of 8/9/1785).
99 Compare 2 Rutland, supra note 1, at 822-23 (text of Pennsylvania communique) with
Journal of L'irginia House of Delegates (1784), supra note 29, at 86 (directions to
commissioners).
26
|
