Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1909-07-31


Maryland Over River Above Tide
Water-Refers to Ohio and Big
Sandy But Comedies Rights of Mary
land to Look After Potomac.
While court decisions have estab
1ished that West Virginia has juris
diction over the Ohio and Big Sandy
rivers to the low water mark on the
Ohio and Kentucky sides, Attorney
General W. G. Conley is of the opin
ion that the State of Maryland has
jurisdiction over the Potomac river.
The opinion of Attorney General
Conley was rendered pursuant to an
inquiry from Forest, Game and Fish
Warden, j. A. Viquesney, of Being
ton, who had been the recipient of
many inquiries from persons living
near the line The opinion of the
Attorney General follows:
July %, 1909.
Honorable J. A. Viquesney,
Forest, Game and Fish Warden,
Belington, West Virginia.
Dear Sir:
Your favor of the 14th inst. is be
fore me containing the following in
quiry:
Il am having great many
inquiries as to which state, West
Virginia or Maryland, controls
the Potomac river, and l have
been unable to find anything
that gives me any information
on this subject. Will you kind
ly tell me?,"
In April, 1906, King lanes l. OF
England granted to Sir Thomas
Gates and others large boundary
OF land in America, including the Pc
tomac river, q American Charters,
Constitutions and Organic Laws
37S3) and in May, 1909, the same
King issued another charter and
granted to Sir Thomas Gates and nu
mertus others "a further enlarge
ment and explanation of the said
grant, privileges and liberties" the
boundaries of which territory were
as follows:
all these Lands,
Countries and Territories, sit
uate, lying, and being in that
part OF America, called Virginia,
from the Point of Land, called
Cape of Point Comfort, all along
the Sea Coast to the Northward,
two hundred miles, and from the
said point of Cape Comfort all
along the Sea Coast to the
Southwark, two hundred miles,
and all that Space and Circuit
OF Land lying from the Sea
Coast of the Precinct Aforesaid,
up into the Land throughout
from Sea to Sea, West and
Northwest; and also all the Is
lands lying within one hundred
miles along the Coast of both
Seas of the Precinct aforesaid.
z American Charters, Constitu
lions and Organic Laws, 3795.
This grant included the entire
boundary of the State of Maryland.
But in June 1882, King Charles I.
of England granted to Lord Balti
more the following territory wholly
within said two Virginia grants, to
wit:
all that Part of the
Peninsula, or Chersonese, lying
in the Parts of America, between
the Ocean On the East and the
Bay of Chesapeake on the West,
divided rom the Residue there
of by a Right Line drawn from
the Promontory, or Head Land.
called Watkins Point, situate
upon the Bay aforesaid, near the
river Wigloo, On the West, unto
the main Ocean on the East;
and between that Boundary on
the South, unto that Part OF the
Bay OF Delaware en- the North,
which lieth under the Fortieth
Degree of North Latitude from
the Equinoctial, where New
England is terminated; and all
that Tract of Land within the
Notes underwritten Chat is to
say passing from the said
Bay, Jailed Delaware Bay, in a
Right Line, by the Degree
aforesaid, unto the true meri
dian of the Fountain OF the
River of Pottowmack. thence
verging towards the South, UNI
to the further Bank OF the said
River. and following the same
on the West and South, unto a
certain Place, called Cinquack
situate near the mouth of the
said River, where i disembogues
into the aforesaid Bay of Ches-
apeake, and thence by the short
est Line unto the aforesaid Pro
mcntory or Place, called Wat
kin's Point; so that the whole