Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-25
WHOSE IS THE ISLANDs
One Witness Produces Testimony
Favorable to Virginia.

Favorable TO S1rS1n10.
To the Editor of The Evening Star:
The question as to the ownership of Alex
ander Island was definitely answered some
time ago. Tho botndary lire was deter
mined by arbitrator duly appointed on the
part of the state Of Virginia, and on the
part Of the state ofiMaryland, for the pur-
pose of ascertajninG and fixing the bound
airy between the said states of Virginia
and Maryland,G and5 who did ascertain the
true line of said boundary. Also Congress
gave consent to tie agreement. or COM
pact, entered into between the states of
Virginia and Maryland.
The majority report was made by Messrs.
]. s. Black and G. aW. Jenkins, and mi
nority report was made by Mr.. J. B. Beck,
who agreed with his co1league in the con-
clusion that they had reached as to the
right of Maryland on the Potomac river,
but differed as to the location Of Watkins
Point In running the line from the mouth
of thu Potomac river to the sea.
The opinions of arbitrators were made In
January, 1871, and we make the following
extract bearing on the subject in question:
THE evidence is sufficient to show that
Virginia. from the earliest period of her
history, used the south bank of the Poto-
mac as If the soil to low water mark had
been her own. She did not give this up by
her constitution CT 1776, when she surren-
dered other claims within the charter limits
Of Maryland; but, on the contrary, she eX-
pressly reserved the property of the Vir-
ginia shores or strands bordering on either
OF said rivers Potomac and Pocomoke),
and all improvements which have or will
be made thereon By the compact of 1885
Maryland assented to this. and declared
that the citizens of each state, respective
ly, shall have full property on the shores
OF Potomac ami adjoining their lands, with
al! emOluments and advantages thereunto
belonging, and the privilege of making and
how nd at nn INN rnNy0-
ments:' We are not authority for the con-
struction of this compact. because nothing
which concerns it is submitted to us; but
we cannot help being Influenced by our
conviction Chancellor Bland notwithstand-
1ng) that 1t applies to the whole course of
the river above the Great Falls, as we'll as
below. Taking all together, we consider it
established that Virginia has proprietary
right on the south shore to low watermark,
ard. appurtenant thereto, has privilege
to erect any structures connected with the
shore which may be necessary to the full
enjoyment of her riparian ownership, and
which shall not impede the free naviga ton
or ether common use of the river as pub
lie highway.
ITO that extent Virginia has shown her
rights on the river so clearly as to make
them 1ndfsputable. Her efforts to show
that she acquired, that Maryland lost
the islands or the bed of the river in whole
or in part, have been less successful.
But these conflicting grants of the is
lands increased the Importance of know
iEg how and by whom they had been occu-
pied. The exclusive possession of Mary
land was affirmed and deried upon evidence
SO uncertain that we thought it right to
postpone our deter miration for several
weeks, so as to give time for the collection
or proper proofs. When these came forth
they showed satisfactorily that Maryland
had granted all the islands, taxed the own
ers. and otherwise exercised proprietary
and political dominion over them. Three
Virginia grants We're produced which pur-
ported to be for islands in the Potomac
but on examination of the surveys it APP
peared that they We're not in, but upon the
river. One is in Nomini hay, and the other
two are called islands only because they
lie with one side on the shore. white the
other sides are bounded by inland creeks.
All are on the Virginia side of the low
watermark. which we have said was the
boundary between fine states.
1T being thus Shown that there is moth
ing to defect the line from the low water
mark. :
1.-The low watermark en- the Potomac, to
which Virginia has right in the SOIL is
to be measured by the same rule that is
to say, from low watermark at one head
land to low Watermark at another. without
following irdentations, bays, creeks, inlets,
CIR af'luent rivers.
'Virginia is entitled not Only to full do
minion over the soil to low watermark on
the south shore of the Potomac. but has a
right to such use of the river beyond the
lire Of low watermark as may he necessary
to the full enjoyment of her riparian own
ership. without impeding the navigation or
otherwise interfering with the proper use
OF 1t by Maryland. agreeably to the COM
pact of "17S5.'
Therefore, IL Is safe to say the question
is at rest for all time to come: that the ter
ritory of Alexandria county. and formerly
In the District of Columbia, is in Virginia
with 1T Alexander Island. and will re-
'''''' ]. A. w1NEBERGER.