Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-01-10

troversy grows immediately out OF the grant.
The territory granted to lord Baltimore was
undouhtly within the chartered limits of Vir-
g'nla: See LIST chUter Of fprii 1906 sec 4.
y the 2nd charter Of May 1909. sec. 6; LIST Hem
lngs Siaie at Lage p IS IS And Marshall says
That the grant was the first example of the
ACKNOWLEDGEMENT of a colony and the creation
OF new one within its limits by the mere act
OF the CROWN" and that the planters Of vir.
gina presented petition against it, (which
was heard before the privy council (of Eng
land) IN July 1888. when IL was declared that
lord Baltimore should retain his patent. and
the petitioners their remedy at law. To this
remedy they everthought proper TO resort"
whether there be any record of this pro-
ceeding extant. | have never been able 10
learn The sivil war in England broke ont
about ten years after, and perhaps the Jour
nails OF the proceedings OF the privy council
We're destroyed Subsequently, 10 this. we
are informed by Graham. the planters, ''for
uhed by the opinion OF eminent lawyers,
whom they consulted, aud who scrupled not
10 assure them that the ancient patent Of Vir-
ginia stIi remained in force. and that the
crdit o. Maryland rs derogGtorg TO them ,cas
utterly toid they presented An application to
the parliament, complaining of the unjus in
vasion which their privileges had undergone"
(1'ra'iam history 2nd rot p. i2) BIT as the
parliaments Of those days. were but the OBJ
sequious ministers Of the crown, that appli
cation, II is presumed, likewise shared The
tate Of their former petition to the piivy
council
he present claim Of Maryland then must
DC founded on the supposition. that the
stream which ace call the Potomac was net:
and that the stream now called the South
branch OF the Potamac ,ca5 in fact 'he poto.
mac, intended in the grant TO lord Baltimore.
have never been informed which fork Of
The South branch she claims as the Potomac:
0or there is a North aud South fork of
the South branch neither have been able
to learn what is the evidence, or the kind Of
evidence, upon which she relies 10 ascertain,
that the stream which is no,o called the South
branch OF the Potomac. but which al TIE date
Of the grant 10 lord Ba'timor. was not known
at all, and when known, for many years only
as Tie Wdppdcomo, was The Potomac inten-
dcd by lord Baltrrnore's grant. For this
important geographical fact; refer to the
numerous early maps of The chartered limits
OF Virginia and Maryland, some of which
are to I've seen in the public libraries of
Washington and Ricbmond
The question, which stream was Che 70
tomac. IS simply question, which Of them,
II either. bore the name The name is mat
ter OF general reputation, Ifthere be any
thing which depends wholly on general &C,
ceptation, which ought and must be settled
ny prescription, il is this question, which of |
these rivers was, and is tie Potomac? Tie |
accompanying papers, it rs believed, will as.
certain this f,ct 10 the satisfaction Of every
impartial inquirer
In the twenty first year Of Charlie. II |
IL
Of what 10 called the Northern Meek Of Vir
ginia, which was sold by the other patentces
10 lord Cnip"pper. and confirmed to him be
letters pat n ia the fourth year Of James n I
ms grant carried with it nothing but the +
right OF soil and the incidents of ownership,
Tor u was expressly subjected to the jIrIsdic-
hon OF The government Of Virginia or this
earlier patent | believe there is no copy in
virginia. The original charter from James H.
% 'oTd Culpepper accompanies this report.
marked no / They are both rected in the
colonial statue Of 1856 q Rec. Code ch
s9) The tract OF country thereby granted,
vas ''sll that entire tract, territory and par
,el of land. lying ard being in America, and
bounded 10y and within the heads OF the ri
'efs Iappahannock, and QJlriough alias Po-
omae rivers, the course OF the said rivers AS
hey are commonly called and known by the
inhabitants and description oil their parts end
Chesapeake bay"
As early as Tag, inconsequence of the ca
,erncss with which lands were sought on the
'otomac and lis tributary streams. and from
be difficulties growing out of conflicting
,ran's from lord Fairfax and the crown, the
boundaries of the Northern Neck proprietary
became o subject which attracted deep and
arrest attention. At this time. the Poto-
oac had been but little exploded; and, ~.
hough the stream itself above its confluence
With the Shenandoah, was known as the Co
longcroota or upper Potomac. il had never
'een made the subject of any very accurate
nrveys and examinations, nor had it yet been
ettied by any competent authority, which Of
Is several tributaries was entitled to be re-
,arded as the main or principal branch Of
ne river. II becomes important therefore,
0 remove all further doubt upon the ques-
ion.
In June 1899, the lieutenant governor of
'lrginia, addressed a communication 10 the
ords commissioners of trade and plantation
fairs. IN which he solicits their attention to
Of the lord proprieior's charter,
growing out Of the fact that there were sew
rial streams which might be claimed as the
read springs OF Potomac river, among which
le enumerates the Shenandoah, and expresses
lis determination "to refuse the suspension Of
granting of patents, until the case should be
tirly stated and determined according to the
genuine construction of the proprietor's char
er", Thiswas followed by petition to the
King in council. agreed 10 by the house of I