Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1874-02-17
OBSERVATION-DISCLOSURES
BALTIMORE AND OH1o RAILROAD Co., !
Hdrper's Ferry Station, Feb. 10, 1874. !

SSs3
Harper's Ferry Station, Feb. 10, 1874.
Editor of Spirit Of JEFFERSON:
Presuming that you did not Intentionally
mean to state anything but facts in your Edi>
torial issue Of to-day headed "History of
Harper's Ferry property" but that you have
been wrongly informed by some person who
either Intentionally meant to mislead you, or
was ignorant of it's status, I will set you
right, SO that the whole can be plainly under
stood
The contract you mention made between
j. K. POinsett, Secretary of War, and Louis
McClain, President of the road, has no ref
ference to the b. & o. r. r. running over
Government lands. It only gives the R. r.
Company the right to Join their superstruc-
ture to the Government water line front, for
the better protection of the Government prop.
erty from high water" thereby implying that
the track was not to be built upon Govern
ment land but to join to IT'S front on the river.
Your statements reflect upon the integrity
of two very eminent civil engineers, who were
appointed by Judge Hall to make full and
faithful re>surVey of the whole property, and
report to the Court
Tho engineers were selected by the Court
SO as to act Independent of either party to the
suit.
The civil engineers appointed by the Court
we're 5. Howell Brown, of Jefferson county,
w. Va, of whom the county may we'll be
proud as man of integrity of the highest
order. The other engineer was d. Fl. La
troHe, OF baltimore city, man very we'll
known, and of sterling integrity. These two
gentlemen, ACTING only by orders of the chan
celIor, very patiently and very diligently
sought out. in all possible ways, so as to be
able to report all and every thing bearing
upon the matter placed in their hands, and
after nearly one weeks faithful work aud re-
survey of the whole promises made, their re-
port to tie Court. and upon that port Judge
Hall based his decision
The whole testimony taken in the progress
of the suit, together with all the title deeds,
Patent. and the final report of the commission
OF engineers, file with the Circuit Court
clerk in Ch"rlestown, and if you will take the
trouble to call on the clerk you can readily see
your error in publishing the ''history of Har-
pers Ferry property"
The papers now on file show most concu-
sively thsse facts.
The State Of Maryland granted Patrick
iyrEes Patent for ninety four acres of the
Potomac river. lying between the Virginia
shore aud the Chesapeake & Ohio Canal and
JOIHtHS "!"'H tue Harper Hdttnt tor a Ferry
across the Potomac and thence up the river to
the Government dam.
In 1888 the contract before mentioned was
made, allowing the Il. T. .. Il. r. Cournny
to join its sUperstructurc to the Government
water front line under certain restrictions.
which were ali complied with.
In 1874 Patrick Byruc decided t, the Pal
tlp'ore Il Ohio r. Il Company sxty-six feet
wide "0jninng the Virginia shore through
his tliyrn@sl land IN to the then Govern
me"t canal. for which the railroad Conpanv
paid him $500 90
In 1913 Patrick Byrne sold and decided the
balance Of his land. or rather claim to the
rl7cr. to the Government for 81, 10000. In
tins Government deed is clause rnsnrving
the sixty six ;rot wide adjoining the Virginia
shore soll and decided to y. & o. Z. Il. Com
parry in 1871.
It vas upnn these facta, and the rennrt nF
the re-snrv@y made hv the engineer co,umiS>
sioncrs, '3"t Judge Hall made the Injunction
perpetual.
If you wi$i, to continue the history Won
have commenced, VOW will find oil the material
for 4 onrract history in the papers now on file
wl,a til" Circuit Court fer Jefferson county
Respectfully yours,