Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-12-22
81 kesaa.aa,axu a5esasaegst-

o;,ed Tho denomination of her General Coun
m The case before il. She was prepared hooo
to acouiesce in its judgment, Whatever .na, IN ~,
ment might he il il was SO sustained oy 'ne
Cont as 10 carry with il The weight oil au'hoIi
~ either by The number OF the Judges concul i,us
therein or The force and consistency OIL 'nei'
sons. ,,,or,hc the
After protracled labor oil twelve monl,s ars
General Court has been deliVereo u 10
ton. ,,L aeon.
Il is desirable ,ha, the Stale should be accu.
raely informed Of the complexion and qualities
of the offspring. ,, con.
The Court which heard The argument con,
sisted Of fifteen Judges, OF whom iou''eeh WIZ
present al The term just ended: x;.or
Nine of these were Of opinion that The prison.
ers must be acquitted ,.,.a a;u
OF The nine, one. Judge Duncan, declined CIV,
ing any opinion on The question oil BOUNDARY anu
Jurisdiction, being OF opinion that the speciai VeI-
dict was detective in not finding Inc leion'ous w
tent. Otlhe other eight three, VIZ: JUDGES 1oam,
SON, Cloplon and Wilson adopted Inc cohciusloh
ON the other side of the river, both BY land and
mater: though how this line is TO be ascertain
ed or known. these learned JUDGES did mol in'i-
male.
Three of said Judges-viz: Judges SMITH,
LoMsx and Far, we're understood TO decide lhal
Ohio had jurisdiction and sovereignty py lana 10
Inn rarer mark whether the land was covered
nv The water or not and that Virginia hal lurls-
dic,ion by ratcr up TO high wafer mark, when Inc
water reached 50 far, or wheresoever me wafer
might be, but no jurisdiction over Inc iasu "n"ei
the waller and above low water mark lhat, as
their opinions were understood, II man sVamS
out into the Ohio river, and commils a leiony on
boa, floating there above The low water mark,
he is gully by the laws and subject 10 The JuEls-
dic,ion of Virginia, but if he 1radcs out and does
the same thing, he is not guilty OF any oilsnce
against Virginia, but subject 10 the laws oil ohio
and 10 be tried by her Courts only.
The other Two Judges the eisht-viz Judges
BRowN and TALIAFERRo left the Court before
the opinions were delivered, and il is not certain
" known whether they concurred with any, or
which Of the others, or had peculiar opinions OF
their own.
Five OF the Judges-viz: ScorT, McCoMAs,
ROBERTSON, BAKER and CHRISTIAN (and Judge
FIELD who heard The argument, but was not pre-
sent a, this term, il is understood concurred with
them, making six Judges,) were Of the opinion
that, a. il was admitted on all hands that Virsi-
mia, BY The terms OF her cession, reserved TO her
self the Ohio river, she reserved the whole river
that the bed of the river is as much part oil The
river as The waller oil The river-and that, by the
laws Of nations, as well as The principles OF The
common law, when river belongs 10 nation,
she owns The entire river up 10 high wafer mark
that is, the whole bed, from bank TO bank, whe-
Their covered or uncovered by the waller.
Such is The STATE OF opinion in this learned
Court on this important question. II is mol The
purpose OF this paper 10 in.icate any opinion rs
10 which is right ard which is wrong OF these
conflicting opinions.
II is important, however, that the grounds Of
the judgment in the particular case should not be
misunderstood Subjects Of much interest, and
which may lead to great excitement, are still
pending and connected with this matter.
II is much TO be regretted. that the question OF
boundary and jurisdiction, between these neigh
boring States had not been adjusted by more
satisfactory and authoritative exposition OF the
law BY this Coru, instead OF being left in more
uncertain stale in consequence oil these conflict
ing opinions, than il was before.
Il will be Tor The Stale or lis Legislature TO d.
termine whether The opinion Of eight Judges (who
do not agree among themselves either as 10 their
reasoning or their conclusions) Of court com
posed when full, OF twenyone Judges. is 10 be
acquiesced in as giving The law OF The question or
Virginia, as well as 10 dispose 81 The particular
rase VlRGlNIAN