| On January 16, 1877, the arbitrators issued their award, together with a lengthy
opinion.''' In the majority opinion, Black and Jenkins determined the boundary along the
Potomac River to be at the low-water mark on the Virginia shore."' Beck agreed with that
conclusion but dissented as to the location of the boundary line across the Chesapeake Bay and
the Eastern Shore. ''°
In their opinion, the arbitrators based the Potomac River boundary determination on the
1632 charter from Charles I to Lord Baltimore. '35 While they found that the original charter
called for the boundary to be at the high-water mark on the Virginia side,"' they concluded that
Virginia had acquired title to the low-water mark, as well as the right to use the River beyond the
low-water mark, through a long history of prescription."' Virginia, they found, "did not give this
up by her Constitution of 1776, when she surrendered other claims within the charter limits of
Maryland; but on the contrary, she expressly reserved 'the property of the Virginia shores or
strands bordering on either of said rivers, (Potomac and Pocomoke,) and all improvements which
have or will be made thereon."''3$ The arbitrators' opinion concluded:
'3'- Board of Arbitrators to Adjust the Boundary Line Between Maryland and Virginia:
Opinions and Award of Arbitrators on the Maryland and Virginia Boundary Line (M'Gill &
Witherow 1877).
'3' Id. at 15-16, 18. Black and Jenkins noted that Virginia had contended "for many
years" that the boundary was on the Maryland shore or left bank of the River. Id. at 6. During
the arbitration, Virginia's counsel also argued for an interpretation that would divide the River by
a line running down the middle. Id.
' 3' Id. at 3 3 .
'" Id. at 1-2, 7-8.
''' 6 Id. at 8 .
''' ' Id. at 15 .
'38 Id. at 15-16 (quoting Compact of 1785, art. VII).
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