The Washington critic., 1886-03-22
The Validity Of His Patent Impair
TALLY Considered.
A HISTORICAL RETROSPECT.
How an Outside Island Worked Itself
Into the city Limits.

thO pHitcu ptutcS W JOHN -. hluWCll
December @, 1869, under the joint rcso-
luton of Congress of February 10, |
1880. This joint resolution provided |
the necessary means for executing the |
act of assembly of the State of Mary
land of November, 1871, relating to the |
issue Of warrants for vacant lands, |
which was in force in this District as |
an existing law at the time of the ces. |
sion of this territory by the State of |
Maryland TO the United States. This |
joint resolution is as follows.
.Resoired, etc., That the acts of the state of |
Maryland for securing titles to vacant lands, |
which were continued In force by tho act of |
Congress Of the 27th of February 1901, In that |
ceded to the United States by that state and |
which have heretofore been imperative for |
the want Of appropriate officers or authority |
IN the said District for their due execution, |
shall hereafter be executed as regards lands |
IN he county Of Washington and ,glNom he |
iin,its Me cityof Washington by. the secre::
tary of the Treasury through The General
Land ONCE, where, applications shall be made
for warrants, which warrants shall be directed
to the surveyor for the county of Washing.
ton, who shall make return to the Commits
sioner of the General Land Onice, and pay
ment for said land according TO the said laws
of Maryland shall be made to the Treasurer
of the United States, whose certificate OF such
payment shall be presented to tho Commis-
sioner of the General Land Ofiice, who shall
thereupon issue, in the usual form of patents
for lands by the United States, a patent tor
such lands to the person entitled thereto.
1t will be observed that this law ap-
plies solely to Glands in the county of
Washington and without the limits Of
the city of Washington"
A legal inquiry into the validity of
the Kidwell patent, If ever made, will
involve, besides many interesting ques-
tions of law, much that will be curious
history now unknown to most of the
citizens of Washington. Those claim
| ing under the patent will be forced to
| contend that this was land in the
| county of Washington, not within the
| city limits. 1t will be claimed that this
land was an island in the Potomac
river separated from the mainland by
what was formerly known as "Swash
channel" Some old citizens will re.
member Braddock's Rock, so named
from the fact that Braddock's forces
disembarked there from his fleet moored
in Swash channel, on his expedition
against Fort Duquesne in 1865, the
water in the channel then being twenty
feet deep. On February 90, 1869,
Potomac river boat of fifty tons burden,
named the Enterprise, sailed through
this channel and around the whole
island. Since then and before the re-
cent flats improvement begun Swash
channel became. filled up, and the
island, as well as large part of the
adjacent shores, became marsh, sub
ject to the ebb and flow of the Poto-
mac. Assuming that this land was an
island at the time the patent issued,
separated from the mainland by a
channel of the Potomac river, it will
be seen how several questions arise.
Was 1t included In the act of Mary
land ceding this portion of the District
to the United States for the seat of the
Federal Government?
Was 1t included within the limits of
the County Of Washington?
Was it embraced within the limits
Of the City Of Washington?
Did it by accretion become part of
the mainland so as to divest the title
obtained by Mr.. Kidwell under his
patent?
1t is not the purpose Of this article to
discuss these questions or to express
any opinion upon them, but simply to
refer to them as matters of interest. In
the territory granted by Queen Eliza.
beth to Humphrey Gilbert, in 1878, and
to Sir Walter Raleigh, in 1854, and in
the charters for Virginia from James |.
in 1906, 1909 and 1912, the Potomac
River was included. Gilbert was lost
at sea and never landed His patent
became void by its own terms. Sir
Walter Raleigh was Gilbert's brother
in-law. After the failure of Raleigh s
colony on Roanoke island, he assigned
his rights, in 1880, to certain parties
constituting the company Of London
merchants. Raleigh's patent was
questioned by reason Of his failure to
effect settlement of any colony, and
finally was deemed to have been for
I feited by his attainder In 1904.
On April 10, 1906, James l. granted {
patent to the London Company OF
, Merchantsland Adventurers, including
5 all the territory of North America
between the $40 and 410 of north lati
tude, and authorized 1t to establish
!, colonies. This patent was the frs
charter of Virginia.
In May, 1909, James /. granted
: another patent to the same company
then composed of the Earls Of Suffolk
Salisbury and others, constituting th
: company or corporation under tn
d name of The Treasurer and Compan,
: of Adventures and Planters of tn
= City of London for the first colony il
!. Virginia, for all the country in Nortl
5 America, from the Atlantic to tn
l. Pacific Ocean and extending two hun
dred miles north and south of Ole
, Point Comfort This was the seconC
charter of Virginia.
James l. caused writ of Quo mdI
!. rant0 to issue from the Court Of King
Bench to vacate the charters, whicl
= was done in 1924, and the rights of tn
company were resumed by the Crown
On June 90, 1852, King Charles
'. granted to Cecilius Calvert secon
: Baron of Baltimore, the charter o
h Maryland. This grant included in it
lines the entire body of the "Patto
mack" River, following its farthe
bank on the west and south "into
certain place, called Cinquack, situat
near the mouth of the said river,
where it disembogues into the Bay o.
g, Chesapeake. The grant also embrace
in express terms all islands and islet
within its limits, with the tlshings 9
every kind of fish, as well of whale.
Q surgeons and other royal fish, rs Q
$. other fish,"
Is Is This charter caused great dissatisfaC
tion to the colonists OF Virginia, VIII
: petitioned the Priyy Council for il
) revocation, which in July, 1888, was rt
y fused. Subsequently Claiborne
. claims to Kent Island was decided b
the Privy Council in favor Of Lor
:, Baltimore When Cromwell was Pro
r tector of England the Nirginians pre-
'" sented to him n petition against tn
a. rights of Lord Baltimore, which rt
- suited in the integrity of this grant b,