The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1823-03-24
POTION AC RIVER.
To his excellency the governor of Mary
land

land "gthe year 1891, Jointly to examine
t'hc affairs Of the Potomac COMPANY
state OF the navigation Of the river Poto>
mac, It's susceptibility OF improvement.
and TO make report whether the SAID
company had complied with the terms Of
it, charter, granted by the two states. and
its ability to comply within a reasonable
time, and whether any and wha, aid
should be given to the said company,
and what would be the best means of eft.
fecting an improvement in the navigation
| OF the said river, Report
! That, in compliance with the ipiunc.
tons of The two states, they did assemble
IN Georgetown, on the Cd day of July last
and commenced the discharge of their
duties by examining the affairs of the Pc.
tomac company and ii appears the COM
PAW had not only expended the whole of
| the dividing stock, but have incurred
heavy debts, which their present resour-
ces can never enable them to discharge;
nor is 1t reasonable to expect in such cir
cumstanees, that they can ever effec, the
objects of their. incorporation. A dis
| tinct statement OF the accounts, debts, re
| ceipts and expenditures OF the said com.
| psny is hereto annexed marked A.
The provisions and special conditions
OF the charter and laws of the two states,
| then occupied their attention previous to
the examination Of the works which had
been executed under the direction and
| at the expense Of this company on the RI
| yer; from the best consideration which
| they could give the subject, it appears to
! the commissioners that the Potomac COM
pahv have failed to comply with the terms
| and conditions OF the acts Of their iDcor-
poration,
An abstract OF the charter and the laws
e'ative to that subject are herewith pre-
seIted, marked b. twill be there seen
'ha, the right to take tolls, and all other
privileges we're granted to them on con
ditioD that the navigation of the river
should be completed within given spe-
cited time, which has been yariously ex
tended by subsequent laws, and finally
expired under the Maryland law on the
LIST of January, 1878, and under that of
Virginia, ca the ist January, 1890 That
the navigation fequIreu TO Ufs~,,s--i,
was such as should "render the river vel
capable of being navigared in dry sea
sons, by vessels drawing one foot water"
that upon an application by the Potomac
company to the legislature of Virginia in
1902, for an exposition of The words
"dry seasons" that the Legislature decl1
red, that those words as used in the char
ter, were 10 be intended and understood
"aIi seasons" an interpretation of which
the correctness canno. be we'll question.
ed. From an actual measurement OF
the depth of the river by the commission.
ers, it was ascertained that at the time oil
their examination of it there was not a
sufficient depth of water for the .,aviga
ton Of boats drawing even six inches.
IL s true that at their session of eighteen
hundred and twos the Maryland legisla.
iure passed a law, founded upon the idea
that the Potomac company had accom-.
plished the object of tlei= incorporation,
confirming TO that company all tho rights
and privileges conditionally granted in
the charter. But it is extremely appa-
rent that TO absolve from an obligation
requires equal or paramount powers to
that which imposed it, and, of course,
uSIhbOl il I1id HUI Wal ldtih NOuih ohl-
ely release a condition which the Poto-
mac company had bound themselves to
both to perform. The act Of the Mary
land legislature can therefore only be
considered as nugatory and indeed that
| Legislature itself seems so TO have consi-
dered it, for in theyear 1909, seven years
after the passage - con6rma,ory act,
1t passed anothei - tending to that
company, the TIM of COT plcting the ma
vigat n OF the ri ,er, The commissioner:
upon full consultation d. not deem il
prudent or eXpedient, to give further aid
to the Potomac company the only alter
native therefore that remains is 10 diyest
them of their charter and adopt some
more efectual mode of improving the
navigation OF the river; nor can this pro
cedure be regarded as harsh, when du
ly considered the Law and justice of it,
it is presumed, have been made manifest;
it will be seen an injury 10 the stockhold-
ers look at the exposition of their Of
fairs, marked A, furnished by the com
pany itself; see the annual amour. OF
their tolls, and in the present defective
state of their navlgatoDs which they have
no means of improving, can it ever be in
creased deduct from it the expense of
repairs and coming encies as salaries to
clerks and toll gatherers, and then COM
pare 1t with the amount oil their debts, or