The Republican. [volume] (Oakland, Md.) 1877-current, 1894-03-22


through the territory of Virginia.
over Il route thereby prescribed.
And as far as said railroad was con
structed north of the Potomac river,
it was constructed under the
authority of Maryland. and so far
as it was built south Of said river. t
was done under the authority of
Virginia.
The same is true of the Piedmont
and Cum berland railroad which has
been built within the past ten wears,
from point one mile above the
town of Piedmont to the city of
Cum berland along the north branch
of the Potomac, crossing and re.
crossing said river several times.
1t was built and is operated under
charters granted by both States.
POSS ESsI0N AND JURISDICTION OF
VIRGINIA AND WEST VIRGINIA.
The State of West Virginia says
that from the foregoing recital Of
ia IT'S this court will see that
the territory claimed by the State
of Maryland in her said bill of con
plant, was in 1745 solemnly decTesdi
by the King in council to be within
the boundaries of Virginia, and has
been uader the exclusive sovereign
jurisdiction and control; first, of
the colony of Virginia. and then Of
the commonwealth of Virginia,
and since January 20, 1868, of the
said State of West Virginia, before
and since the survey Of the Potomac
river in 1876 by said commissioners
and up to the present time. The
courts of Virginia and West Virginia
have administered the laws of SAID
States in said territory ever since it
came under the dominion of the
white people. Their State and
county governments have alone been
reconized by the people residing in
said territory, who voted for and
elected county officers of said State,
and members Of the Legislature
, of said States and representatives
of Virginia and West Virginia IN
the Congress OF the United States
The inhabitants of this TERRITORY
have paid the State and county
taxes levied under the authority OF
: the States OF Virginia and West
Virginia, whilst the State of Mary
: land has never had or exercised any
; sort of jurisdiction or control ovel
any part Of it, or the inhabltant;
thereof; no writs from her courts
have run or been served in said ter
ritory; no taxes of any kind have
ever been levied by her there, OF
paid by the inhabitants to her, nol
have any Of her officers been voted
for or elected by said inhabltsnt,
within said territory. The lTJ7iilTffa2
stone has been point in the bound
aries of the counties of Virginia
ever since the formation Of Fred
erick and Hampshire counties il
1853, and is now a point in the
boundaries of the counties Of Grant
Tucker and Preston in West Vir
gInia, and also Of Garrett county
, in Maryland, as will be more fuIlS
: shown hereafter
At the times the first charter
of Maryland was granted, and fol-
+ many years afterwards, all thi;
territory was entirely unknown tt
the white people; it was an un
: broken primeval forest, the abode
5 of red men and wild beasts.
After the year 1870 white settlers
: began to locate in this favorit(
: region and gradually the territory
5 became settled up with hardy
< thrifty and intelligent population
2 and to day the territory claimed by
the State of Maryland is one of the
most populous and thriving parts o.
t the State of West Virginia. A
! number of large towns and villages
: are to be found within it anC
its fertile valleys, and its hills an(
f mountain sides are filled witt
g people who and whose ancestors fol
l several generations have adhered tt
, and given allegiance only to Virgins
] and West Virginia.
t Wherefore the State of Wes
| Virginia claims and pleads the sale
$ long continued, adverse and exclus
, i've possession and jurisdiction anC
! control oyer the said territory by
| her and Virginia under color and
S claim of title as a full and com
t plete answer and defense to the
claim set up by the State of Mary
| land in her said bill to said territory
4 and she asks that she may be giver
} the benefit of all the legal presump
l ton and rights arising from sale
S possession and control.