The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-05

mit,es again. TIE iixth article OF the agree
nent declare. that the river Potomac hall be conf
dered as ccr,,non high way for the purpoc OF ma
vgation ard commerce 10 the citizens ct Virginia ard
Maryland, and OF the United States, and all thofe in
an,ity with them. The eighth article declares that
all laws and regulators which may be necefary for
Preerving and keeping open the channel and naviga-
ton of the river, hal b. made with the mutual
fent and approximation Of both astes. If doubt
manned heretofore, appears to this nlu remove
it, and time viii be cnt in vain ilurate the fub
Jet.
My colleague tNlr. Lewis fnppoies, that as the
ates have ceded the territory that all that either
or both poac.d, paiffd by the grant; bat lie, it be
recclleied, tins ieyeral aud Joint convey
arce, and Rothing paiisd than is embraced by
the terms .. the grant; and Virginia ha; cxpreisiy
nitedit her territory, nicautiouRy avoided yield
ng any right fhe had acquired from the fate Of Ma
ryand, Here, Mr.. chairman, they dainguiih between
what they call improvement, and I'll obitrudon of
the navigation, the they contend they have the
right to do; but the other they have power
This adn,isl, IN my conception furrenders the quel
ton, for it we have the power OF legilating the
iubjea, we can make ANY regulations we pieaic and
| Unfortunately improve alter or obhuc IL iaenls
little remarkable that gentlemen win 10 improve
property they have title to, and IT does not appear
confpieuous mark of understanding to begin at the
wrong end to improve, and then contend about tie
right.
M, NtLfcn did not e1pe3 tia. S point would
have been brought up again, but hnce had 10 hap
pened, he felt propriety, not TO FAY duty in
Ptuating alto what he had urged before, and adding
Tome further rsaions thew that Congrefs had the
right, and the executive right OF urfdittion ali
that part of the river Potomac within the dtri4 of
Columbia. The burthen of the iong appears TO be
this that beeaufe the tates OF MARYLAND and Virginia
entered into a compact, before the formation OF the
Frefens contribution, by which twas agreed that the
river thould he ooniidered common highway, and
both polisled the right of way Joint right
which as they did not Jointly convey the right Ia.
never been coded to the United States. Does the
gentleman mir. Clarke to lay that the a:es of
Virginia and Maryla land had no, tie power O; grant
ing ths join, right If he does ALERT this if he
admits they had the power, ha be able 20 denon-
l,rate that they have granted it TO Congrefs-After
TWO a,es have made dvion OF apart of each Of their
particular property, cannot they mutually give
mother the property they have thus acquired furey
COMMON fenie cannot deny them the right 10 do:
II you cannot grant away right, it is right, for
right cannot be complete If be conveyed to
another the very idea oil a right implies the power
of dlpoial. They FAY that Maryland had the eIclu-
live right Of avigatng the river Potomac, and that
the gave by compact qualified properly in that
| cludve right to Virginia Cannot Virginia convey
this qualified right # one holds right 10 eite,e
tor lite or term ofyears, is It competent for the
party TO convey fuch right, he would be to convey
an etate in fee fmple Whistler the right be fpe-
cha! right, limited right, Of whatever nature il
be. every man has right to convey another
les there be exceptions reiarvation. but II the
compact between Maryland and Virginia there are no
relervation, liquidation, tina, abrdges OF precludes
conyeyance.-Thcn he a!ked them 10 prcpourG this
| cafe. Maryland has right with Virginia
in the Potomac, and MARYLAND declares that he gives
up I'll her right 10 fquare of her territory
the Potomac part Virginia ALTO fay. that 70 lar
The has r.gr,,t he. alT MI IL.
both itates have given up their reflective rights
Does not the rehnquiihment of their rights by both
Rates produce the fame efe9 as if it had been done
by JOINT inifrument? Maryland, he afI.rted had
gwen up her right; matter wheeler it was
real right or qualified right Che gave up all but what
The had conveyed to Virginia. and Vireiuia has given
up all fhe pofIriied.
Mark the reverfe, If Virginia has rot coded her
right in the Potomac, and Maryland hers, to Con-
greis, then this is diitrt OF territory within
the meaning of the contributions and if it be not the
conittutional dftrc, have right to exercfe a.
ny other jurifdicton here than what we exercic in
common for every other part of the United States
For if the dtria be ieparated by the Potomac it is
not one diifr9, but two difras, and the conftits-
ton does not give Congress power 10 afunle excu-
live juriidiGion diltriEts. II however the
tate OF Maryland has ceded the Potomac and i, runs
up to the Virginia territorial line, then the dif-
,ii tii,ouyii conifts sf parts
@"ne" iAoi'i Two Ndtcs. CnlCuley IN DEN
ming idea, becauie when thing is felf evident it
readers 1t hard to prove wha. is 70 palpable and
multitude of words rather tS:5 confuie than clear
The point. But what he underttood was. tina, when
ievers tracts of land joined altogether they are
rot ieparated by the courfes OF anything efe
eroHing or traverug the fame then the iurildicion
Oh congreis well upon the bed of the river az
IFS banks, and 10 the whole ten miles fauare If
TINS idea was correct, congreGs had aHumed the ex-
ciuiVe Jurlkbction over more territory than they
had constitutional right acquire. He might ce
mhtaken in his opinion he therefore urged his ar
guinents with great didence. He was liable TO err
ror, and that very often and may be the cafe in
the Preient nitance. But he NUT acknowledge that
lie had not yet heard any thing that atisfied hi.
mind that he had been wrong Re therefore fill no.
ped that the bill might pats into law, from con-
Tidion that would be great benefit to all perons
rendng upon or near the waters OF the Potomac
Mr.. !. RHndO5p6 had hoped that the very perfpi-
cuous itatenent of his colleague (hfr. Clark when
the lubed was lait under confederation had fatsfed
the mott ineredaous that Congres wereno competent
to pals the bill before them. Indeed he had hoosd
that the bill would have been iered 70 eep through
the reft of the FELTON,, and the Houle no more tro
Died OIL the iubject. The reaioniug of the gentle
man lait up his rlind utterly fallacious ard in
eontiulive The diitricf NECESSARILY divided
into two bodies polite beeauie Of the Intervening m
ridiction OF Virginia over the Potomac. Did MaHa-
chuletts contute ltates becaufe its parts were
completely ieparated by New Hampfhire through
which you mutt neceharily pats TO get int Maine
from cid Maiachuietts, as it was called For the
Durpoie M diyiiou liz