Evening star., 1935-01-03
VIRGINIA CLAIMS
BOUNDARY PROOF
Contends 1869 Grant of
Land Authentic-U. S.
Disputes Validity.

An ancient document by which Sir
William Berkeley. Colonial Governor
of Virginia, granted 5000 acres Of
land along the Potomac River to one
Robert Howsing. or Howsen, was cited
today by Virginia in support of its
claim to land now in dispute before
the Virginia District of Columbia
Boundary Commission.
Validity of the grant, known to
historians as the Howsing patent. was
challenged promptly by counsel for
the Federal Government on the
ground it conveyed properties outside
the Jurisdiction of Virginia Henry
H. Classic, special assistant to the
Attorney General. objected to intro
duction of copy of the grant at a
hearing in the Internal Revenue
Building today, but the boundary
commissioners. Charles H. Brough,
William c. Cloth and Malcolm S. Nc
Conihe, overruled the Government.
Later, the commission and counsel
for both sides adjourned the hearing
to Fairfax Court House, where they
will examine this afternoon several
yellowed old maps of the Potomac
area, dating back to pre-Revolution-
ary days.
Grant Is Exhibit No. 1.
The Howsing grant was introduced
as Virginia's No. exhibit by counsel
for the commonwealth-Sta Attor-
ney General Abram P. Staples, Com
monwealth's Attorney Lawrence Doug
las of Arlington County and former
State Senator Frank L. Ball.
Howsing, it was explained, earned
the land grant by bringing into Vir-
ginia 120 settlers. In those days Gov.
Berkeley was rewarding any one who
brought new residents into the wilder
ness by giving away land at the rate
of SO acres per newcomer
The meandering boundaries listed
by Gov. Berkeley in his grant tc
Howsing long since have disappeared
for they referred to oak trees. islands
and creeks not available for reference
on modern maps.
The document, dated October, 1863
reads, in part:
Know yee that I, the said William
Berkley, knt-governor, etc. give and
grant unto Mr.. Robert Howsing six
thousand acres of land scituate. lying
and being upon the freShes of the
Potomack River, on the west side
thereof, above the dividing branches
of the same, beginning at a red oake
standing by a small branch or run of
water neare opposite to small island
commonly called and known by the
name Of My Lords Island, extending
downe> the Potomack River various
courses 3,152 po.. making S. witty.
line to pohecory standing at the
north point of a creeke named by the
English 1ndiSn Cabin Creeke,' wch
creeke divides this land and a tract Of
land surveyed for John Matthews, from
the said pohecory NV. and by w.
up the said creeke and maine branch
$40 po. to the red oake begun: all in
cluding several small creekes or inlets
for the said quantity" Mote: "po."
means poles and "pohecory" means
pole hickory" or simply. hickory
tree.
U. s. Disputes Claim.
Virginia contends that this grant
proves that as early as 1869 her juris-
diction was recognized as extending
to the low-water mark on the Virginia
shore of the Potomac. including the
mouths Of creeks and inlets within an
imaginary line drawn from headland
to headland.
The Federal Government, acting for
itself and for the District of Columbia,
disputes this claim, holding that the
boundary was fixed by the original
charter Of Virginia at the high-water
mark on the Virginia shore and that
this boundary subsequently has been
affirmed by the courts. Government
counsel, in addition to Classic, includes
Harry w. Blair. Assistant Attorney
General, and G.. A. Iverson, special
assistant to the Attorney General
The hearing Is expected to continue
for some weeks. Property valued at
several millions of dollars. including
what is now the Washington Hoover
Airport. is involved In the questioned
territory.