Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1854-11-23

D indefaits 40 hcn upplied ~ terminus q ne
q ~ Pols1, nisht ega.liy = sel.1.e y - ----
niv.sr-l 1rrf - .r.,crt eslIed f1r - the terDt1es
q rirer 6ou,1ary nssf a neces<.iy - 9o.s g =,
s.as ssss g - - -, .,.s 81 - 81; sIl. a
ever shsftns aad raryinx line 3 cal TO tree q
tie bank e. does - PRECISELY oen1e II
- ~ tree nav u reserved sny feet from even high
water marx IN The ccllrrctleu q paie1h cr otnef
nuairenfa q title q al other written iaAtrai1eais
fae reaf desderatnm aiuays % asrertzn ne mica
80 n he parti,s a.d 70 gise elect % - 4 that iuteH-
ton raetrasears no rrinrVle q l4-, o. pic Poiry =
Lbcte he calls e fSe pseut here, y eo1nsctica
with The plat of sarvzF -ds in me esase Psrsssc
fkst sfrsiehf issc draua Ihom lie ponf 70 tAe ceei
eaet fer sayes . stfip q land between Il and
iLs river, eneesdins 10 il greatest bEeas u. some
II e. IS pclss We find that the PotornSe here. m
stead q making abruPt d5ss d Shsaandoah
inst before reaching the point. s~cepg 70 ~ con
aenee with the Sheaandsah, with a large "a
dus. IL i dcuft, whea ne eer % aFpy thc calls q
he patent 70 The diagram brlog O.. 70 resist the
eusin that the chcfnuf tree described being Et1r
tie Petcnac made The vraiahs brnrtsk Of IL ron
tiguy the river u y only described - being
the rFef tat ne4rto IL % be opposite 20
snail islani standng IN the river This gives mere del
iaiteness 70 me description and strongly torhes the
coneiusos that the Ueet selected a. the znonsnt
q peTmanent character II Beafsst proximity 70 TIE
river ihore Is doeu1ent IN evidence N the
ezuses vticb throws additional light Upo1 the quesion
second patent issued By Lord Fairax to keoeEi
Harper eonTey ing % eunfEuous % the tract q
10 sc.es The chestnut tree n qa9siiol i made the
begauing Of this ether tract and II = described
a ehessat tree standng on she Potomac river. Pa
eng these documents uKiapesifca end e7nsirr-
ing them with tie plat besure all doubt - 70 the
meaning Of tae partss raBshes ard The mind reaceS
esneasica u tie soundaess Of Wheh 4 rests VIII PEI
feet confidence. that they uiena 70 GioFi tbs Poonas
river the Boundary Of the traetom the nuaih Ct ts
Shenandoah 70 the eheSnat tree called Ter p tae ter
/ mi ~ .. the designated ilne.
tween y 1sd TIE river - re botasafies. flow
I can you eounert shae sisaixhi iiae drawa a
right angles 70 the river 5at fhat oth.r angies tn,
answer to this supposed officially Is easy.
il is estab he'd priaciplr Of las thstwhsrc aereel
river Which Is not hsvzab.e THE boundary q and
the title Of tne proprietor exieais, b. eosstaeoa
law, al slediira fun aqua. or the middle Of tn
river, IL yshas, 90 40 Jend if9. Having establish
Cd these rivers, which above tide and therefor
not nayigable according 10 the cDmmon law dshni
ti0a she true Boundary Of the Harper patent, tn
principle considering extends that boundary
yropo rgors 10 the middle Of those rivers respective
~. The iermnuSo this iae NJ the middle Of the Pc
tgnae Is that point q IT, from which straight line
drswa 10 the chesaui called for By the patent WILL
It's extension, strike the ncxt corner called for. Tb
chesnn free is not Adced IN tie ordinary sense or tia
tcri5 corner tree at all! Nc angle is made at il b
the boundaries hire established. lathe language q ID
Sapzene Coart-ol New Ye4k ii already cited
t Is rather intended 10 Indicate pointdown TO Ii
water line"
We deduce then from the patent l,szlf aud the othe
documentary pfoosi the cause, the-inierenee that
was the clear parpose Of the parties, tsth grantuT
grantee al the land lying between the Shenandoa
and Potomac rvefs, from the beginning corner III
first TO the Terminating the last, shosld be
bTaeed in the patent. II we look beyond the doclmeu
tary proofs the character Of the subject Of the gran
our conclusion must be the ssrae. The land itself
wholly incapable Of cultivation. except narrow margi
extending from the base Of toe clif either side to III
| rivers respectively. IL wasthe abrupt terminus Of
ucuAtan ridge, whoSe ride cliffs and vast oYerhahgin
cras were fall Of picturesque and romantic beauty b
were wholly Eaueless Tor purposes ottiliaee il watt
power vast and the pateatee proceeded - erect
water grist mill and say mill the Shenandoah sid
II presented advantages for the establishment OF
terry connecting the Mary land and Virginia shores
Accordingly public ferry was established there ea
Is l753 only Two years after the date Of the paten
and il thus acquired than one hundred years az
the now celebrated name Of sHarper's Ferry" TIT
ferry landing on the Potomac side near the pon
and for long series Of years source of large
the original pstontee and 10 his deyisees Il
establishment Of this ferry must have been the leadiF
object Of The acquisition, the landing inlmediatel
occupied for that purpose, and that occupation
tnued till within comparatively recent period, for
find that when the devsees Of Harper made the
ance Of the land 10 George W ahngon President Of Il
United States, in l796, there express FeserYatt
Of this ferry landing. Yet Robert Harper was a tire
passer thus taking possession Of this landing, II
professions Of the plaintiffs well founded Tor il
not em braced within the lines Of his paent il the ira
was bounded BY right Lines and not BY the river.
would be very absurd 10 suppose that in obtaining
paent he itended 10 cut himself of from access 10 Il
waters Of both rivers, which alone could impar Vade
the acquisition. Whatever view, therefore, we take
the question q boundary, we are c1nsraned 20 sa
thai the rivers Shenandoah ard constituted ID
bouldary and not any imaginary lines Whatever III
first instruction moved for BY the defendant is gy'
10 the jury III the terms in wkieh is incorporated ih
this opinion
Il 4! ees 4saaf ta qr BIZ b ih sSa
law" passed By the Legislature ofylrginAa ii l79s
These instructions are based upon the bynotbess IS
the lands lY ing 5stwecn the right lines b. BC C(
or CTS AMI the rivers Shenandoah aud Potomac resps
lively, were not covered BY the Harper patent III
ing decided, however, tat these lands were compr,
headed within the lines OF the original patent he h,
Pothesis upon which they rest il destroyed snd lie
are irrelevant and impertincnt. The court therefor
declines 10 give them.
Norr By rus JUpGE.-Ibc first Instruction asked b
the deieHdaat having been eYcnJ the jury rendered
verdict for the defendant without retiring from their boz
The p.anti excepted 10 the opinion Of the court wit
view 10 the proseeutioa Of appeal 10 the Supren