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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other obstruction thereto, shall be made with the mutual consent and approbation of both States. 113 Article XII of the Compact provided: The citizens of either state having lands in the other, shall have full liberty to transport to their own state the produce of such lands, or to remove their effects, free from any duty, tax or charge whatsoever, for the liberty to remove such produce or effects. 104 Articles X and XI provided for concurrent criminal and civil jurisdiction by the States over, inter alia, the Potomac River, and for service of process on "any part" of the River.'°5 Finally, Article XIII of the Compact provided for the articles to be laid before the legislatures of both Maryland and Virginia and, upon ratification, "never to be repealed, or altered, by either, without the consent of the other.""' On November 17, 1785. the Maryland commissioners submitted to the Maryland legislature the Compact and their joint communication to Pennsylvania relating to clearing and extending the navigation of the Potomac River.'°' Maryland ratified the Compact on November 21, 1785,'°8 as its first piece of legislation for the 1785-1786 session of the General Assembly.'°9 The Maryland legislature added the following language, making the Compact forever binding and not subject to repeal or amendment without the consent of the government of Virginia: '°3 Id. art. VIII. '°' Id. art. XII. Los Id art. X, XI (emphasis added). ' 06 Id. art. X1II . '°' Scharf, supra note 22, at 531. '°8 Scharf, supra note 22, at 531-32. '09 1785-86 Md. Acts c. I. 28