The Republican., 1894-04-19
THE BOUNDARY.
The Story of the Great Boundary Dis
pute Continues.

'lueS UlaG tne river Potomac shall !
be considered as a common highway
for the purpose of navigation and
to the citizens Of Virginia
and Maryland, and of tie United
States, etc.
The seventh section proSides that
the citizens of each State trespect-
lively shall have full propelE on the
shores of the Potomac riye1sadioin-
ing their lands with all emoipments
and advantages therennto belonging
ETC., but the right of flshingin the
river snail be common 70, and
equally enjoyed by the citi3ens of
both the States.
The eighth and ninth ssctions
provided for mutual regulations for
preserving the fish, performance of
quarantine and keeping opel, the
channeland of erecting light holses.
beacons, etc., on the Potomac river.
p The tenth sectdAn provides for
the exercise QfconGe -zgil1rir7Bii =
jurisdiction o9tf't the 81 Potomac,
by both States under C61es1.in restric-
tions.
And the eleventh section provides
for the service of the process issued
in either State upon its citizens on
said river, etc. Said compact was
also ratified and adopted by the
State of Maryland. The greater
part of the provisions of this com
pact had special reference to that
part of the Potomac which is nayi-
gable and which lies below the lin
its of the State Of West Virginia,
but some Of them applied to that
river throughout its whole length,
and at the time said compact was
made, the State of Virginia claimed
to the North Branch of the Poto-
mac, and it was well understood
that said compact related to said
branch and not to the South Branch
so far as it was applicable to the
river above the junction of said
branches.
And the State Of West Virginia
says that it has been so understood
by the people of said States ever
since said compact was made, and
that both States have enjoyed the
rights and privileges upon said
North Branch secured by said com
pact ever since that time, and con-
tinue to this day to exercise and
enjoy them. The State of Mary
land was well aware when this com
pact was made that the State of
Virginia claimed that the North
Branch was the Potomac river
proper, above the mouth of the
South Branch, and the. faraaer did
not insist upon any rights in or to
the South Branch in said compact,
and by entering into it she IN effect
recognized and accepted the North
Branch as the boundary line
between the two States, and it was
so understood at that time, and has
been so understood ever since by
the people living along said North
Branch and by all the people Of said
States, and they have constantly
acted upon that understanding.
1t was after this compact that
Francis Deakins laid out the mill
tary lots under the authority of the
State of Maryland, as hereinafter
stated, and In doing so adopted a
due north line from the Fairfax
stone as the western boundary of
that State. And although the leg
islature of that State in acting upon
his report declared that said sup
posed boundary line is, in their
opinion, far within that which that
State might rightfully claim as her
western boundary, yet the language
does not indicate that this Legisla-
ture intended to assert a claim to
go to the South Branch, but rather
that the Fairfax stone was not plan
ted at the true foundation head of
the North Branch, and that said
fountain head was farther west than
said stone, and at a later date, as
will appear hereafter, this very claim
was made by said State through her
commissioners.
RESOLUTIONS FOR APPOINTMENT
OF COMMISSIONERS.
In 1895, in 1901 and >again in
1910 the General Assembly of
adopted resolutions for
,he appointment of commissioners
20 meet such persons as the State of
Virginia should appoint to adjust
md settle by compact the southern
md western boundaries of the State
md fix the dividing line and boun-
laries, etc.
The State Of West Virginia says
hat she is informed that no com
nissioners were in fact appointed
~ Virginia in response to the reso-
utions of Maryland of 1895, 1901
md 1910, and that Virginia was
lot willing even to enter into dis
'ussion of her right to the territory