Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1886-02-19

LIE OF w dbuluSOou' NN'' - N""i'
III, pp. 7S-Sl, LIST edition.)
1t is plain that the western boun'
dairy of this grant was the merl-
dian OF the fountain OF the Poto'
mac. from the point where 1t cut
the 4Oth degree of north latitude
to the fountain Of the river and
that the extent of the grant depen-
ded upon the question, what stream
was the Potomac So that the
question now IN controversy grows
Immediately out of the grant. The
territory granted to lord Baltimofe
was undoubtedly within the char
tered limits of Virginia (See lst
charter Of April l6OG, sec. 4, and
the Cd charter of May 1906, sec. &,
lst Hen. Stat. at Large, PIP. 5o-SS.)
And Marshall says that the grant
"was the first example of the dis
mem berment of q colony, and the
creation of a new one within its
limits, by the mere act of the CROWN"
and that the planters of Virginia
presented a petition against it,
"which was heard before the privy
council (of EDgland) in July 1888,
when it was declared that lord
Baltimore should retain his patent,
and the petitioners their remedy
at law. TO this remedy they never
thought proper to resort
Whether there be any record of
this proceeding extant, l have
never been able to learn. The civil
war in England broke out about
ten years after, and perhaps the
journals of the proceedings of the
privy council were destroyed
Subsequently to this, we are in
formed by Graham, the planters,
fortified by the opinion of eminent
LAWYERS whom they consulted, and
who scrupled not to assure them
that the ancient patents of Nir-
ginia still remained in force, and
that the grant of Maryland, as
derogatory to them, was utterly
void, they presented an application
to the parliament complaining of
the unjust invasion which their
privileges had undergone" (Gra-
hams History, vol. ., p. l2.) Bnt
as the parlaments of those days
we're but the obsequlous ministers
of the crown, that application, it
is presumed, likewise shared the
fate of their former petition to the
privy council.
The present claim Of Maryland,
then, must be founded on the sup.
position that the stream which zee
call the Potomac was not; and that
the stream now called the South
Branch OF the Potomac, lcdS in
fact the Potomac intended in the
grant to lord Baltimore. ! have
never been informed which fork Of
the South Branch she claims as the
Potomac for there is a North and
n South fork of the South Branch;
neither have | been able TO learn
what is the evidence, or kind OF
evidence, on which she relies to
ascertain that the stream which is
no,o called the SOath Branch of the
! Potomac, but which at the date OF
the grant to lord Baltimore was not
known at all, and when known,
known for many years only as the
WdppGcomO, was the Potomac in
tended by lord Baltimore's grant.
For this important geographical
| fact, | refer to the numerous early
maps of the chartered limits OF
Virginia and Maryland, some OF
which are to be seen in the puplic
libraries of Washington and Rich
mond.
The question, which stream was
the Potomac ? is simply question
which of them, if either, bore the
name. The name is matter Of
general reputation. II there be
ANYTHING which depends wholly
upon general acception, which
ought and must be settled by
prescription, it is this question
which Of these rivers was and il
the Potomac The accompanying
papers, it is believed, will ascertain
} this fact to the satisfaction Of every
impartial inquirer.
In thetwenty-6rstyear of Charlei
IL. a grant was made to lord Hop
ton and others, of what is calleC
the Northern Neck of Virginia
, which was sold by the other pat
entees to lord Culpeper, and con
! firmed to him by letters patent il
the fourth year OF James ii. Thi
grant carried with it nothing bu
! the right of soil and the incident
of ownership; for it was express
r " subjected to the jurisdiction o
I the government of Virginia. O
, this earlier patent | believe ther
is no copy in Virginia. The orig
- nal charter from James III. to lor'
D Culpeper accompanies this report
: marked No. /. They are both re
cited in the colonial statute 9
D 1876. q Rev. Code, ch. S9) Th
! tract of country thereby granted
: was "all that entire tract, territor
! and parcel of land, lying and be
: ing in America, and bounded b.
n and within the heads Of the river
t Tappahannock alias Rappahar
Q mock. and Onirlongh aLias POtOma