Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1869-08-14
The Harpei's Ferry Case

ding, during the las, week. The lille to
the vast water power OF the Potomac riv
er ., Harper's Ferry.which for more than
20 years has been in possession of The
United States Government. was involved
in the issue of this suit. The claim OF
the Plaintiff was based on a Patent grant
ed him by the Commonwealth of Virginia
in 1854. The Defendant, Capt. Young.
u. S. A., Tor rather the United States
Government. the real defendant in the
suit claims under Patent granted 10
RCbt. A. Harper by Lord Fairfax, in
1862. aid under the following subsequen,
conveysnces founded on this Patent, viz
/. A DEVISE from Robert Harper 10 Rob-
ert Griffith. October lst, 1882. 2. A
Deel OF Robert Griffith to the executor
Of Thomas Rutherford. January OH,
1897. 3. A Deed OF Thomas Ruther.
ford's executor, TO George Washington.
President VI the United States, and his
successors forever. ioi The use Of the Uni
ted States, February. 1897. The plain
tiff claimed that The land granted TO Har-
per by the above patent does not extend
to and bound upon the Potomac river, and
that outside Of the northern limits OF this
patent, there is a strip OF land running
along The Virginia bank Of the Potomac,
and embracing 81 acres. which was waste
land until he acquired title to it by patent
in lS54,s above stated. The defendant,
on the contrary, claimed tina, he paien,
from Harper, included all the land SO
claimed by the plainlih'-in other words.
/ that the Potomac river is tie northern
boundary of their land. Everything in
the suit depended on wha. should be es-
,abllshcd as The northern terminus OF the
western line OF said tIarper's patent. The
length OF that line. as given in that pat
eni. is 46 poles As poles from the be-
ginning of this line, reaches but about
/ half way to said river. and to extend This
. line TO the river. was absolutely necessary
to a successful defence against the claim
OF the plaintiff. This was accomplished
in manner somewhat startling. The
official survey, or that made by order OF
the Court in this suit, was entirely ignor-
Ell, as TO The line IN question, as were all
The known surveys which had been MADE
OF This tract, since The date OF the patent
granting II to Harper. These surveys
were all shown TO be in conflc. with the
locative calls of this line Of said patent.
This line called for the east line Of an old
or patent gronted TO Thomas May bury,
win which, il must run TO high cliff OF
The Potomac. At the end Of this line,
therefore, mus, be found such cliff, in
order to answer tie call Of the pstent
The line as it had been run in oil these
surveys, did not run with the line called
for, nor to the cliff called for.
BY actual survey, therefore. the east
line OF MaybLry's patent vas found, and
then the vest line OF Harper's patent was
run with it, ill the high cliff called Tor
was reached but as no cliff was found
in this line, until ii reached the rocky cliti
overhanging the Potomac river, now
known as funnel Cliff" i, was clear
that thai must BE- the "high cliff called
/ for in the patent
To run the line to this diff, it is true,
more than doubled lis length as given in
the patent. but as fixed monuments control
courses aud distances in the description
| Of land conveyed, the court Instructed the
| Jury, that if they were satisfied that the
line offered by the defendant was May
buryS line, they would follow it ill 'he
cliff called for was reached. without re
ference to the distance. The jury there
fore. without besi,ancy, found the end OF
THIS ives, line OF Usrper's p,tent,o be at
the tunnel cliff on the bank OF the river,
! ard rendered verdict foo the defendant.
This bold bu. entirely successful line OF
defence, originated with, aud was devel-
/ oped by Mai f. W. Andrews, Of Hsr.
per's Ferry, who from the commencement
Of this suit has, with Capt. Young, the
defendant Of record, had the entire charge
/ of It's preparation for trial on the part OF
the U. S. GoveEnmenl-Spirit ofJcDer.
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