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

tion that Congress cannon exerci,e powers OF exolu
five !egiation over diitriels What had been iaid
of Maa,huietts and Maine being one Rate, although
leparated from each other BY N.w-Rampfhire, did
not apply they might be and in faa body
poitc ishiiardng the geographical ,epara,ion-
OF the parts a nation aud its territory, like the u
niteJ States and LouiGana, body poliiic, but
the deciiion IF the prefer, queiun does depend
things like thcle The ,uriidiSion given TO Cen
grefs by the corRitution ore dar;9 of country
can never De eonGiered iurifliaion two fepa-
diiricS True, II 10Th paris join together they
but diiri6t yet they are ieparate they
two dsricfs.
What has been faid Of Vrgnis's holding the right
OF free navigation under the law Of nature and of
tons opinion different from that he held; but
! it would take iuch length uf time to dfcufs that
point and rrci,e his authorizes that lie induced
| to give it the go-ry, with Jingle remark It
not the understanding which tire ates of Virginia and
Maryland had the time of erscrrg into the compact
for the free navigation OF the Potomac, Pocomoe, &
| the month of the Chciap.ak- hay. BY that niru-
n,en il would appear tina: their right of navigating
! thets the reir. of compact and DID
grow OF the law OF nature, the code adopted by
the Nations IF Europe.
kut ,nppoie his Ida to be rorre4, ilill he would
contend that what propoied to he done by the i'll
habtants of Georgc-Tawn within the power of
the United States leg lature ilisin,uch it goes to
amend aud make better the nav CATION OF the Potomac
indeed any itrager Ganins by and hearing the de-
| bate which had taken place, would fuppoe that the
advocates for the dam were diipofed to oSAru9 the
navigation OF the river Ill fuch manner that other
veiielS thau thofe Belonging George Town fhoud
be permitted to pals BY Mafon's ifland. This howe
| yer was by the intention. He concluded
with obiervipg that to him and his contucnts was
really matter OF great concern; and he believed il
| TO be equally inportan. all the upper country Of
Maryland, and part Of Virginia ard Penny lvania, all
in Pennsylvania within 20 miles Of the fouth line of
that Rate, End al the inhabitants Of Virginia between
the ridge dividing the head waters of Rappahannoek
and James rivers from the Potomac. If, BY naction
or refnfal, the channel to Georgetown ihoud be
iuered to fill up, he would not give Jingle farthng
for al the improvements made upon the canal navga-
| ton. Inc Potomac company may as well be aho-
hed once, for there will be end to all the adj
vantages they have heretofore calculated upon, and
| which had been the nducement for shen to expend
10 many nlyrisds OF dollars their Improvement
He could not refrain hiief from expreing his
iety that the bill hould pafs and this ne itl thought
| l: he had before declared to be the proper time.
! Mr.. Lucas. The 1ueftion is, whether we csn au-
thore the inhabitants of George own improve the
river at their e1Penee; and it appears far, the
itaenents made in the courfe of the argument that
| the Potomac within the charter bounds of Ma
ryland and within the charter bounds of Virgin
la and unleis Maryland had ceied the right of ma
vigation thereon to Virginia by compact, Maryland
would yet have been the ioe of the FOIL al
! 10 the fole owner of the river What Maryland
gave Virginia was not tide to admit them 20 tire
right Of owiierihip they only granted qualified
right, and reierved the territorial right and If 10 Vr-
ginia has poiieiied thsn qualified right
Let it be enquired what right is that and it will be
! found to be merely the right Of free navigation
hat IS nothing more than the RICH; Of palage over
the Toll ofanother, it is termed by the civilians
TIE right OF fervi,ude. 1t right in the terri
tory but merely Alright Of uiage acrofs the foil IF
| Tor example, auvion form an iland in the
Potomac would Virginia claim joint owner of the
foil She would not, becaufe ihe Ia, no other claim
than what is deciaJ-d in the compact ;that being on
ya qualified right, fic is joint owner of eourfe
Maryland being the ioe owner OF the foil might con-
vey er whole territorial right, fubjee only to the
qualified right of Virginia, viz the right of navigation
II the right of hhery or any other territorial right
was contended for ON her part, it would not be al
lowed her. For all territorial rights, they were in
Maryland from the beginning, remained in her till her
| act Of ceilon.
1t is evident, therefore, that Maryland a. abiolute
proprietor ct the foil could convey the fame to Con-
greis without the intervention TO Virginia, and if
Maryland could do this .he has done it for by her
act Of ceton ihe has ceded Congress all her ter
ritorial rights ten mile. quare or lefs of her
tate, but fill fubjea to the qualified right of Vir-
GINA. IL isurgedthat iuch conveyance cannot be
ec::P!s:c, :-::!!:G;. ;e ccs::: &C H:-:s and 40
gmia has not coded her qualified right derived from
Maryland, Congrefs do not hold the Potomac in full
fovereignty.-He granted it, and admitted further
that as Virginia had only coded uch of her territory
as was within her charter bounds and the right ie
had to the river included in her charter bur
derived from Maryland By compact that e had ftill
that right, but that right neither more or lefs
than that OF the free navigation, which the gentle
I man from Virginia MIR. I. Randolph had faid the
ftate OF Virginia was entitled by the law of nature
and OF nations nafmuch as fhe held territory above
and below. But if Maryland has conveyed to Cen
greis all her right to that part of the Potomac lying
within the boundaries of the drc Congrels has the
fame right which Maryland had Suppofe cafe
peron conveys his right offoil another but pre-
viouly he had agreed with his adjoining neghbor 20
let him have the icrvice of his road. Shall this qua
ied right in the uie of the road acrofs the others foil
prevent the new pofefor from repairing or improv-
ing fneh road. Such petition cannot be fupported.
Beeauie general right of improvement in the owner
OF the oiiwoud be counteraeted by tie fpecial right
OF way or Pafiage granted another. Can it be fad
that Congreis, when they with to improve a road or
river within their executive urifd6fion cannot ex-
erciie this right without the content OF thofe whom
they have allowed to travel along over the fame
| Surely this will not be conteuded for.
| The waters of the Potomac are a common high
way We grant it, but will it ceafe to be common
highway, while the whole body Of the waters are
carried through one channel nitead Of two? Does
the contraction of the furface and deepening of the
channel render il lefs highway than il was hereto
lore Will the river Potomac csafe to be the Poto-
mac, when its eomprened within narrower
k1,,.I IL. II : "a = /,