The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-03

Maryland and Virginia. Let us hear from theft
perions alto, and then afcertan whether the,
have any objection to the project on that ac
count. This was alto an argument in favour o.
the ming of the committee, and perhaps II may
be added, that little dely will enable the Houfi
70 to modify the bill as to render It lcts excep,
tionabIe than at preitnt.
Mr.. Soa.hara had not coniidcred this fubic61
of much conicquence in the outfet, but he found
that its Importance increaied as It rolled along
He thought this morning it would have occn-
pied but ihort portion of their time in that
ne found himfef dee eived; and he believed he
II WAS not hnsular in theie opinions. He iufpe&t-
ed many other members were in the fame pre-
dcament. He therefore would vote for the
committees rifng. That navigable waters are
conlidered as high ways, is matter of great no.
toriety: but he did not know tkit to deepen 4
channc! by contracting lis flyface. was conf
derded as obftructing the free navigation CT a
river, nor could he conceive that the body of
tedlncnt meant to be removed, would defend
en- MaGc and depoGt iticlf at the confluence Of
the next ftream it met. On the contrary, he
imagined it would be teparated by the force of
the current giving it action into millions OF par
ticies, iome of which woe I'd fette promifcuoui-
ly on either iide, while part W ould ultimately
be depoited in the ocean.
The committee hereupon roie and reported
proprcis, and aiised leave 20 fit again. On the
queftion, ihall the committee have leave to fit
again
| Ir. =. Randoipb rcquefed that the a6t Of
celon by Virginia might be readily which it
would clearly appear that fac had not coded, or
intended to cyde to the United States any right
acquired under her compact with Maryland
| The act was read.
| 1t is plain from the preamble, fajd Mr. r. that
the intention of the fate was to make celiion
above tide water--that the expected the feat of
| government would be fixed in foIne place con-
tiguous to the limits of Maryland and Pennfyl-
vanla. 1t is not Contendcd that the u States
were bound TO iclect any particular foot This
circun!tance Is mentioned only 70 Glew what
was contemplated at the tinc By the leci9a-
| ture Of Virginia. Her aGt OF ceiiion was more
broad. i extended tc any tract of country not
ieXoecdng zen miles fguare '.o BE located zy;iL-
IN IRE limits Of 1ke .RGts." Over this fhe had
irehnquiihed TO Congrcis her jurifdflon as well
tof fol! as of perious. But her limits did not
extend beyond high water mark on the wefern
bank Of Potomac. Her right Of high way on
the rivcr, was natura! right acknowledged and
fecnred by convention with Maryland. Her
civil jurfdictiOn over its water was CONVENT
onal right, entirely derived from compact with
that ttate-waS iuriidittion not zvitbiu her IL
rnitS, and which the words of the Act juft read
could not embrace or convey.
Mr.. DazrIor would not vote againft the COM
mittee having leave 20 fit again-Re was con-
WINGED that the objection made by his colleague
II Mr.. J. RondoiPh) was conclnive; the fact
was, that neither Maryiaad nor Virginia had CO.
ded their joint rights TO this river, no. y
they 10, by their feparate acts. The terms
OF the compact requiring that any thing done
lrefpeetiAg the navigation Of TIE Potomac fhould
be done by their Joint a6. II was WORTHY o.
remark, that the petitioners for this caufewav
| ne ,l,o
CAN'T tie bridge asa violation OF tie compact
between the two Rates, and denying the au.ho-
rty OF Congreis to lesiilate the fIbje6t of the
navigation OF the Potomac.--He thought them
right then, and he voted ag.fHt ttIIit t,riti.s
His opinion had not changed with their opni-
ons, and therefore he ihould vote agaiuG ihe
gateway now.
Mr.. X. Gr(1ooId faid that from tie vote Jun
taken, he prefumed that the quefton of expe-
dlency had been iettled But il is now obie4-
ed that ConFrefs have no executive iurifliGtion
over the Potomac. Tn reply lie would fuhint
few observations. BY the conftituton, Con-
sreis were empowered to excrcife executive iu-
riidIctIon over any place not exceeding ten
miles, which might be coded by particular
ftates. The fatcS of Maryland and virginia
had coded this difrict to Congreis, and the cef-
fion had been accepted. But the gentleman
from Virginia (Mr. Randolph had faid that ir-
slhid Oiu ilOI Cede l6c lullldlct1OD OF the POtO
mac, becauie fhc did not own it feparatcly.
To this he would aniwer that the river Poto
mac NUT have been under tie iurildiction Of
either Maryland or Virginia, or both. And as
both allowed Congrefs to accept of any par. of
their territory not exceeding ten miles fpuare
and CongreiS choie 10 accept of part from one
and part from the other, be prci,lned the iu-
rlidiction OF the Potomac, LET If have been held
by either Of TIC Rates, or jointly, muR have p.n:
ed to the Uu,ted States Re was Of oorion,
tia, If Congreff had TO juriidltliou over Inc Po-
tomac, they had move over the diNn1. The
contribution provides only for the ceilion of one
dhtrict OF countr, not exceeding 'eu miles l3uare.
] he act Of Congress made IN puTtuauce o. the
contribution had ALTO provided for the lsyiug
out one ditritt. IF the arguments OF the gen
tleman from Virginia were correct, and Con
greis had no jurifdiclion over The Potomac, the
commiiioners and the then President Of the u
nted States under whole direction the diar,.
was laid OH, had been mihakcn, and had taken
two diitritts OF territory inttead of one. This
being the cafe, CongrSls had no uriftcti.n inI
the diitntt, becanfe it moi being laid Of confor-
mabs 10 the contribution and the law " Con-
greis, the acceptance by Congtefs was abfJ!ute-
~ void. II this was correct, there was an abfi>
lutte necsility for giving leave 70 the co.n-liftge
to- TT again, for the purpofs of deiberaunp
whether C1EFrefs had iurfdifion or not. III
they had not, anG were lcgAating for the peo-