National Republican. (Washington City (D.C.)) 1872-1888, 1875-10-08
RIPARIAN RIGHTS AGAIN.
HISTORY OF THE POTOMAC RIVER FRONT.
RIGHTS CONVEYED By PUBLIC LEASES
Compared With Acquired by Purchase.
Litigation of the Potomac Steamboats,.
Some Interesting Facts Relat.
ing to the Subject.

L
ing to the Subject.
For some time Messrs Blrney & BIrney, assist
ant attorneys for the District of Columbia, have
been investigating the titles to wharf property in
the District claimed by private individuals and
/ corporations, with view toward establishing the
rights of the District and settling the annoying
| questions as to the real ownership OF riparian
rights on the river front which occur frequently
| in the courts.
| In the case of the Potomac Steamboat Company
! against the Upper Potomac Steamboat Company,
in the Equity Court, in their answer recently sub
mitted for defendants an elaborate history OF the
| various
TITLES TO WHARFAGE RIGHTS
is set forth, synopsis Of which is here annexed
The answer denies that the Potomac Steamboat
Company possesses the exclusive privilege of
wharfing in the Potomac river opposite any real
| estate which it may own on the north side of
claims that the United States is the exclusive
owner Of such privilege on this river from the
TibeE to the southern point Of the Arsenal grounds
by adouble titles First, as successor by right Of
conquest to the sovereignty Of the King Of Great
Britain and Ireland to the shores of ali navigabe
that part Of the bank OF the Potomac by a cession
| from the original proprietor, which, under the
| law of Maryland conveyed all wharfng privileges
as apIurtenant to said bank said privileges being
in fact appurtenant TO Water street as delineated
on the plat Of the city; that the wharyes erected
public reservation at the intersection OF Sixth
and Water streets. and almost wholly within the
color Of right, particularly the wharf rented by
tit N, r. FitZhuRh, which was built and occu-
pied BY the United States Government during the
late civil war, and that the plaintiff is q tres.
passer thereon. Denies that any riparian privi-
leges are appurtenant to square Az on the plan
years have elapsed since the United States en-
tered into possession as owners Of the premises,
and none Of the plaintiffs had ever exercised or
pied by defendants wharf during the many years
Of their alleged ownership Of square 4T2; that al
aware Of the progress of defendants wharf, they
did not think defendant was encroaching upon any
ever to the work but that Instantly on receipt OF
the notice Of their attorney ordered q harrsssng
and
OPPRESSIVE LITIGA TON
to be begun against the defendant;
admits that defendant relies for its right
to erect its wharf upona license granted on the
18Th day of March, 1875, by the Government Of the
United States, through the engineer. fn-chIef OF
the army, in charge Of the public buildings and
grounds; does not admit that square ATT Is pos
81 any 2. waarage or that
that they adJon and are contiguous TO Water
street, to which street they are sppurtenant the
in charge Of the United States Commissioners for
the District OF Columbia, and that they may be
cy spe sSa v 0T ~ d al I9 9s Unea
ley Young the United States became the owner in
fee simple Of all the public reservations avenues
and streets, including Water street; denies that at
the time square 4T2 was laid out the commission
allotted 1t 3l4 feet Of water 'front.' and entered
the same upon their official record; declares that
the copy Of such record, as exhibited by plaintiff
is not true copy, but that the true record Of such
allotment is to be found in the Rroceedings Of the
commissioners of the city OF Washington, dated
October Is, 1884, and that plaintiffs copy is from
A CERTAIN APocRYPHAL hook,
commonly called 'The Book of Divisions"
which is reputed to have been smnggled few
Of the Commissioner of Public Buildings and
Grounds; that for several years, and until q few
months ago, there was appen,dea 70 or written In
Commissioner Of Public Bulldogs and GroEads,
to the effect that he had never before seen said
pretended Book of Divisions" had not been long
In the public archives; that It is wholly unknown
front" is unknown, and that It Is not authenti-
Gated by the signatures Of the commissioners Of
one, the entry comparatively q recent one and
made for the same designs, and probably by the
lott plan Of wharyes and docks on the Potomac,
with numerous entries Of wharf rights and names
ofpretended owners of wharyes. On the 18th Of
edge Of the existence Of water street, signed the
agreement with the United States for 50 uare 4T2,
tained, and on the 5th Of March, lbs, the com
missioners granted him o license TO build o
wharf on the Potomac, and 1t is
A MATTER OF TRADITION
that Young did build q wharf by virtue of said
license; that January II, 1895, Mr.. Young did,
with said commissioners, sign q plat Of square
Az, in which Water street is written out in full
the 18th Of October, 1874 in which he proposed to
convey any wharf rights whatever; admits the
Legislative act by the State OF Maryland, grant
ing to proprietors Of lots on the north side of
Water street, Georgetown, the exclusive right Of
ground and water on the south side Of said street
says that II similar statute had been passed BY
authorities In relation to Washington owners
Of lots, similar rights Of Wharfage would have
such statute is conclusive that the owners of lots
on the city side Of Water street, in Washington,
the Washington commissioners to license the
building Of private wharves, and claims in behalf
Of the United States the benefit Of the principle
wharf before the land Of another, and that no
one shall be permitted, without the consent Of
water street, which is the property Of the Gov
eminent; indorses the views Of the commissioners
expressed in q letter dated June rs lbs to
no SQUARE Of the city Of Washington is enti-
tied 10 any water privilege If street inter-
frst plan Of W ashington prepared by the commits
sioners they had not only laid of Water street,
but also building and wharf squares between
Water street and the channel Of the river, cover
ing not only the shore but the ground under the
water. This plan was sent, In lT9l, to Philadel:
he hands Of Major TEnfant, the engineer, in
time to use for the sales Of October 1Tsz Had 1t
been received In time the intention Of the commits
squares south Of Water street separately. That
upon the refusal of Major L Enfant to deliver up
the FIRST plan the commissioners employed Major
Ellicott to prepare the second plan, known as the
Boston engraved plan, In which, on account OF the
haste with which It was prepared. owing to the
necessity of having 1t engraved and ready for dis
tributio before the sale the squares on the river
side OF Water street were entirely omitted, and
their extent and direction LETT open for decision as
Of Law fp ~ 0ft aftv md ha
demands Of commerce require. The first plan
showing the water squares was exhibited by Pres
lands at Georgetown, April IL 1871. when he met
them to make the deeds OF the land, and on De-
cember following
PRESIDENT WARRINGTON
in the following letter placed the same bsfsro
"GentleIssn Of the Senate and Of The HOussor Rtp-
II place before you . plan Of the city that has
been laid ont within the District Of ten miles
square, which was fixed upon for the permanent
seat OF Government of the United States.
"GEo. WASHINGTON.
The views Of the commissioners as to what were
and what were not waterlots were made evident
In decision reported on pages 80 and 40 Of their
letter-book for 1IsS-that square 954 was not en-
entitled the difference between them being that
south street intervenes between the former and
water. The system was one growing out Of the |
wants Of the times-the fact that maritime COM
merce was confined TO Georgetown and the East
ern branch, which were the best harbors. In |
pursuance Of this system, the plan Of Washington
allowed water-lots with wharf privileges on Rock
creek, at amburgh, the present site Of the OBJ
seryatory; at many places on the Eastern branch,
particularly at the site Of the old town Of CAROLS
burg, while at all these points numerous places
for Wharyes or quays were reserved to the Gov
eminent by reservations Of entire squares, or by
running Q street along the bank Of the river
binding upon the water. These water-lots were
on the south side Of Water street wherever 1t ex
listed; ran into the water, and were sold by the
trent foot, allotted to the original propretors
without superficial meseursment. Alter ISIS IN
enterpfisng citizen, the late WIN. A. Bradley, es-
tabiished wharf at the foot Of Eleventh street,
and having capital and influence, secured steam
boat patronage and began TO divert business from
the
EASTERN BRAHcH AND GEORGETOWN,
encouraging vharyes and ship-ysrd, with little
or no reference 20 lines or property rights, or the
rights vested In the public; that Lambart's ship
ward occupied nearly the whole Of Water street
and nearly closed up Inc and Of II street; that be-
tween ls25 and 1885 wharves had greatly Increased
In NUMBER and were known as Brsdleyis, Kings,
Lockies, Brent's, Riiey's, BOWS and others; nine
tenths Of the business being done BY Mr.. Bradley,
who was man Of great activity and intelligence.
Up to 1885 wharf rights as appurensnt to the lots
north Of Water street had never been recognized
either By the commissioners Of Warrington or
their successor or by any etatute Of the United