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


ners he believed the GATEWAY might be of
ute, but he was not competent Judge but
Others very probably would be benefited, be-
iide the inhabitants of George Town, and he
thought it rcafonable that fuch ihould likewife
contribute 70 the expenic. Till theie circun-
frances ihoud be afcertained, he would vote
agalait the committee having leave 70 fit again.
Mir. Melon fad 1T was with dfIdcncc he A.
gain troubled the houfe after the lengthy diff
cuiions which have taken place. But doubts
having been originated as to the authority Of
'CongrefS to PATS the bill in quefion, he felt
compelled to remove thoe doubts rs far as lay
IN his power. As the Houfe had decided the
expediency of the meafure by large majority,
If upon an inveftigation il lhould be demonfira-
ted that Congrefs potieiied ample power to pats
the bill, he trUfted the fame majority, would
fill be found in favor of it. He would pro-
coed to examine the power which Congrefs pof-
fefed to pats the bill, and he truited that he
ihould be able 10 fatisfy majority ofthe Houfc,
that they had iuf'icient power. Previous to the
compact between Virginia and Maryland which
had been 70 much talked of. Maryland claimed
the fole iurlf,'ittion of the Potomac river, and
Virginia claimed Cape Henry and Cape Charles,
ALTO the iuriidiGtiou of the Potomoc as her pro-
perty. In order to prevent any duties from be-
ing impoied upon their veiiels at either of thofc
places, the two Gates entered into a compact
b. which Maryland agreed that the. Navigation
of the Potomac ihould be free 10 the people of
Virginia, contracted not TO lmpofe duties on the
veilels Of Maryland coming by Cape Henry or
navigating The pocomoSe. By this compact
the Potomac became the Joint property Of Ma
ryland and Virginia as to the free navigation,
but all the Hands were under the jurifdiStion
of Maryland. This being the Gtuaton each of
the;e ftates by a law ceded TO Conerefs any part
OF their territory not exceeding ten miles fquare
which they might choofc to acccpt.-Congreis
chcte to accept Of par: from oneand part from
the other, AND among the reit, this joint pro-
perty, the river Potomac.-1here was no eX-
ception made in the act of ceaion as TO the wa
ter courtes, and it wosld be needless to inform
the members, that grant of land necehariiy
carried with it grant of the waters thereon
unefs an exception was made.
But it had been faid, that this being Joint pro-
perty, neither of the itates had the power to
grant it to CongreiS, and they had not done it
Jointly. To this he would anfwer that each
hate had. granted TO Congrefs, all their right at
different times, and Congrefs having accepted
OF it, the whole had velted in them.-If two
perfons, to wit, A and b are poneh'ed of joint
property, and A grants the whole TO c, the moi
ETY. paiied thereby. After this if b grants the
whole to alto, his part pailes by the grant
and becomes proprietor Of the whole. This
was exactly fimlar to the prefent cafe. But he
would ak gentlemen if the iurifdittion of the.
Potomac was not in Congreis, in the body of
what county was II If not in Alexandria or
Warrington counties it could be in no county.
SapPote then crime fhould be committed on
the river, in the body of what county fhould the
indictment fate the crime to have been COM
mitted 1t could not be in the county OF Fair
fax or Montgomery, becaufe the parts of thoie
counties adjacent to the river had been coded TO
Congreis. Then if the Doctrine contradiction By
gentlemen was correct, no offence could be COM
mitted on the Potomac as far as the limits Of the
ditritt extend, and il would become fan6tuary
forcrmes. He truitcd this was not thecaie, but
thai the river was by the ceihons granted TO
Congreis, and waa in Warrington and Alexan-
dria counties. He coniidered the argument of
his colleague, (Mr. Nicholfon) that Virginia had
10 property in the river which lhe could cede of
no aval-becautc if that was the cafe, Mary
land owned the whole and Maryland had coded
it to CongreiS. He hoped the committee would
be granted leave to fit again.
ar. T RaadOi6b. The gentleman axis in
the body of what county is the river Potomac
paiiing through the diitri6t of Columbia. Will
he take it for an aufwer that its iurifdi6tion is
within the bodies OF the fame counties it was
in before the acceptance of the territory on each
fide.
IN addition 20 the ohieryations made on PAT
fing joint property with executive property,
fuppofe England & Franceto hold Maltain Joint
poneiFon, & thar they cede to Germany for her
acquiecence in that meafure, fome of the ex-
cluiye PROPERTY held hy each within the Ger
man empire; will they lay that their joint pro-
perry in Malta paiIed by the treaty?
Mr.. Clarke was unwilling to trouble the
Houie at that late hour with any remarks, and
would have entirely forborne, not the quei
ton which we were about to decide, and
which had become extremely important, fui-
ceptible of petition which it had not ah,umed.
1t had been ftated and generally agreed to, and
lac iaPpoled was correct, that the Rate of Md
ryand previous to her compact with Virginia
rightfully claimed the whole river Potomac to
the high water mark on the weftern bank. Vir-
ginia owned the capes. This collihon of inte-
ref produced in the year 1856 an adiuftment
of their interfering nterehs, and it was eXpref-
~ tipulated that the river Potomac ihould re-
main highway, free for the navigation of each
fate. III the year 1870, the legislature of Vir-
ginia paGed a law making the ccIiion of the u
nited States of territory ten miles fquare, or
any lefs quantity, tina: ihould be accepted for
the feat of the general government, TO be located
and laid off within her limits thu: by the terms
of her ceiiion confirming it to her territory.
Maryland nearly 1T the fame period, made fl
milar ceiiion. Out of theie two ceihon6 10 the
preient Columbian territory made. II is cor
tended by the gentleman from Maryland (Mr.
Eelfon) that the two ftates uniting in the celTi-
q liz.