Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1890-12-04
arlmtn,tt Gcltrn,,trle.
THURSDAY, DEC. 4, 1880.

THURSDAY, DEC. 4, 1880.
THE question of boundary between
the States bordering on the Ohio River
is assuming an interesting phase. 1t has
been the generally accepted doctrine
that the jurisdiction of West Virginia
and of Kentucky extended to low water
mark on the North bank of the river.
Ordinarily such boundary extends only
to the middle of the streams but it has
been claimed, and generally conceded.
that originally the territory out of which
the States of Ohio, Indiana, Illinois,
Michigan, and Wisconsin were formed,
known as the Northwest Territory at
the organization of our government, be-
longed to Virginia. In 1888 the Legis-
lature of Virginia authorized its dele
gates in Congress to convey, transfer,
assign, and make over unto the United
States = all right, title, and
claim" which the State had in the terri
tory ''to the northwest of the Ohio Riy-
er." The phrase "to the northwest of
the Ohio River was construed by Chief
Justice Marshall, and again by the Su-
preme Court last May, to mean beyond
low water mark on the North bank of
the river.
Samuel F. Vinton, famous lawyer
forty years ago, demonstrated that the
dictum of Chief Justice Marshall was
founded upon an erroneous historical as
sumption. Mr. Vinton showed that Vir-
ginia had not acquired the territory
either by conquest or by charter-that
what is known in history as the "Vir-
ginia Charter" was not granted to the
Colony of Virginia, but to band of En-
glishmen known as ''The Treasurer and
Company of Adventures and Planters of
the City of London" That charter was
issued in 1909, by James l., was dissoly-
ed by the Court of Kings Bench in
1924, and the grant resumed by the
crown. Thenceforth until the reyolu-
tion Virginia was crown colony, and
while crown colony did not claim the
Northwest Territory. At the close of
the revolution several States set up
claims to it, and Virginia opened an Of
fee for the sale of lands. The United
States sent troops to prevent occupancy
of the lands under title from Virginia.
The national government claimed that
the territory was part of the possess
ions of the crown, wrested from it by
war, and that it would be manifestly un-
fair to permit one or two States to ap-
propriate that vast unoccupied territory
and sell it out for their benefit, while |
the balance of the States should bear |
the burden of debt and taxation that
would follow the war. Salmon p. Chase, |
in preliminary Sketch of the History
IF Ohio" in his edition of the Revised
Statutes of Ohio QS33), states the case,
and says: "Of these various claims, that
of the United States seems to have been
the most rational and just"
The Attorney General of Ohio will in
terplead in the case now in the Supreme
Court between Indiana and Kentucky
(Kentucky was formed from Virginia),
and an earnest attempt be made to right
ly settle this vexed question. Ex-Gov.
Cox, in Il letter to Gov. Campbell, forci-
bly, calls attention to the unreasonable
claims of West Virginia and Kentucky,
and at his suggestion Ohio viii ask to
be made party to the controversy. If
Mr.. Vinton accurately stated history in
his argument before the Virginia court,
in 1845 twenty five years after Mar
shalrs dictum was pronounced) that
learned Judge unquestionably based his
opinion upon an erroneous historical as
and the court may reverse it
self.