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

from what he had heard, he had Brought his
mind to this concluhon, that whatever right
Maryland poiiened to the iuriidi9ion OF the Po-
tonac, Congreis was now entitled to exercift.
The gentleman from Virginia (Mr. J. Randolphl
has faid that Congre!s has no right to ohitruGt
the navigation. True; tnt il does not follow
that Congreis has no right 70 rcmo.c obtiructi-
ons. He ftys alto that we might flop both
| branches. Not 20, it is intended to .fop one
only, in order to deepen the other, 70 rs to rem
der the navigation more uisfu. and iafe. The
cafe before us has been occaiioned BY the aSt of
God, or great n,oven Ut in nature, a ouanti-
~ of ice has been lodged, and tore M from the
lhore and the iland the materials that form per-
hsps the bafe of this iand bar, by which the ma
vigaticn has been obNru6fed. Now, Gippofc
7Tcther cafe, that this ice had pent up the whole
body CT ;hc river, and compelled the waters 70
( form theiGielycG ctanrei for elcapc, through
the lower grounds cf tie Virginia Gde, ard
suercby have given new courfe to the river,
and It would not be the hrt time that ice had
been the caufe OF changing the bed of A river.
lie would aiS, was there any member OF this
houe but would heartily concur in rsitorng the.
inhabitants on this fide the river to the uie of
the river, by erecting proper works to reitore the
ttream 10 its old bed. He did not believe there
would be the liightsf objection to !uch 4 pro-
petition, Especially If it WAS to be done, ike. the
l D.
pie of Georgetown. With regard To the doubt
which had been entertained whether it would he
advantageous or not, he believed that 10 be
perfectly iettled, after what had bt,n ftated Nv
the gentleman from Virginia, (Mr. Lewis.l He
believed it would no more injure Alexandria, or
the mouth of the eanern branch, than it would
the mouth of the Chefapeak.
| Mr. K. Grifavoid. This Qneition has alTumed
feveral important afpects iince il has been before
the committee. The hrf, though not the leaf,
has been the denial of the right Of ConCrefs to
Iexercife executive jurifdction over this dienct
of 10 miles fquare. This queftion however.
mutt be folyed by adver.ing 10 the contribution
of the United States, and the acts of cefiion of
the Rates of Maryland and Virginia, which
were pafcd for the purpoie of carrying into e.;-
ecution that part of the contribution relative 20
a territory over which the United States were
TO exercife executive leeillation. The gentle
man from! Virginia (Mr. J. Rando!ph) has ftatcd
in fact, though not in words, that Congrefs have
the power of affirming executive jurifdi9on o.
yer more than one diitria if granted by any Of
the Rates. He f,ys that this diftrict of 10 miles
iquare is divided into two difritts by the poto-
mac, or by mathematical lire, therefore they
are fill two dIttrict5, and he does not deny the
right OF Congrefs to a!,ume the executive legif-
iation ever them, but merely, they have no
right to exercifc juri.diGtion on the interval be-
tween them; this he has illuitrated by refer
ence to old Matiachu!ctts and her province of
Maine. He fayS they are one body polite. and
conitItute one fsarc Of the union. Here that
gentleman mutt firely be aiifakeD. 1t is not
70 be diputed that tate may conEf of feoa-
rated parts, and 70 might the territory of ten
miles tGuare, If the contribution had net tied it
! down to one entire and connected diitritt. As
wei might 1t be contended that Congrefs might
aifulne 100 dittricts, each conlftins of ore mile
! fquare, as that they are authorized to hold two
diitriets within their ten miles fquare. But the
truth IS that by the acts of ceiiion OF both Ma
ryland and Virginia, the two parts which Con-
greis have aiiumed are expressly granted, and
Con9refs now fand on their ground, and have
all the rights and juritdsction which either or
both ttatss poiIeiled previous to the aGs of cef-
hon, and that right extends over the river in
cladsd III the ten miles iquare. He would ,d-
nit, for argument fake, that thofe two Gates
have the privilege of free navigation, or the
right of high way, but be would ak if there
was any thing contained in the bill that infrins-
cd that RICH: And he knew the aniwer muit
be, that there was nothing in the bill likely to
work an injury to any per.on.
| Mr.. alton did not intend to confume much
time of the committee in delivering his fenti
ments, as the diicuiiion had already been pro-
traefed to much greater length, than he at frff
vie' iubje fdppi,ilti il T,e rtet il mas
been commended by feveral gentlemen that Con-
grefs have no power to legillate at all upon the
fubjett of the navigation of the river Potomac
This really to him appeared to be very extra
ordinary doctrine indeed. That becaufe Virri-
MIA and Maryland had not jointly conveyed
common property, their conveyances feparate,
| although including this very common property
was not obligatory, and did not convey to Con-
grefs executive legillation and jurfdiGion over
| iuch part OF the river as lay within the ditrict
of Columbia. He admitted that the river Pc
tomac was common high way, and ought fer
ever to remain 70, for the benefit, not only Of
the people of Virginia and Maryland, but ike
wife for all the citizens of the United States.
chofing to navigate the fame, and to do any act
whereby the navigation would in the frnaIleit
degree whatever be obGruGed, was more than
we had right or ought to do; bat would it
follow in confequence that we had no right to
improve or benefit the navigation of the river |;
mott dsbtably not. It was in his mind clear
from the information he had received, that I'M
leis fomething was done for the benefit of the
navigation of the river, that an end would foon
De put to Georgetown as a commercial fpot
He believed IT to be universally the cafe that,
the uniting of any two firearms of nearly eaual
iize produced bar or fhallow place huff below
their junction. If then the bar complained of
juit below Mofon's ifland, has been produced in
coniequence of the uniting Of the two arms of
the river, it feemed to him, as an inevitable con-
fequeDee, that if one of them was damned up.
the Channel would return TO its former depth