Evening star., 1935-12-08

it provided in said act that the COM
miSsioners shall take into considera-
ton, amongst other things, several de-
cisions of the Supreme Court Of the
United States in relation thereto, the
findings and reports Of the Virginia.
Maryland Boundary Commission Of
1877, the compact of 17s5 between the
State of Maryland and the Common
wealth of Virginia, the claims Of
ownership of the United States and
all private persons and corporations
along the Virginia shore line, and the
equitable and prescriptive rights, If
any, of the United States and private
claimants growing out of long, con-
tinued and uninterrupted possession.
Old Charters Analyxed
"If the commission were to be
guided only by the decisions Of the
Supreme Court, then, Of course, there
would be no necessity for the creation
of this commission, but the Congress
gave to the commission the right to
conduct the proceedings along equi-
table lines, taking into consideration
not only the legal rights of the United
State and the Commonwealth of Viz
ginia and private owners, but also their
respective equitable and prescriptive
rights" .~r - -
Going back to the original charter
granted Lord Baltimore in 1882 by
King Charles I. the commission ex-
pressed the opinion that this charter
included the entire Potomac River
to the farther bank Of said river"
and that Maryland's territory at this
time "unquestionabiy" extended to the
high watef1nark On the Virginia shore.
IAN of this country during this
period of time" the commission said,
'awas uninhahited and unexplored by
white men, and was infested with
ferocious Indians, and history records
no development and no change IN
the status of this territory until Octo-
Der 21, 1853. when Sir William Berke-
ley, knight, Governor Of Virginia,
granted to Robert Howsing 5000 acres
of land from the freshes Of the Po-
tomac River on the west side thereof
above the dividing branches Of the
same
Alexander Obtained Patent.
"Howsing, or sometimes known as
Howson, assigned this patent within
a year after he had obtained same,
to John Alexander. A. reading OF
the description of the Howsing patent
shows that it follows the Potomac
River from point opposite Analostan,
or Roosevelt Island, to what is now
known as Hunting Greek, south Of
Alexandria, and it is further noticed
that the description reads: Tnclud-
ing small creeks and inlets'
'It is apparent to the commission
that Immediately after the assign
ment Of this patent to John Alexander
he and his descendants took posses
sion of the land and the commission
is of the opinion, from the evidence
produced. that the heirs, assignees
and grantees Of the Alexander FAM
lily have been in possession Of said
property ever since"
From the time the Alexanders took
possession, the commission stated,
"they were in full possession Of all
Of the land on the Virginia shore
contained in the said patent" and no
evidence. it was added, was produced
which tended to show that the orig
inal proprietors under the 1882 charter
lever exercised or attempted to exer-
else any legal title to the land on
the Virginia shore"
The compact Of 1785, it was pointed
out, asserted that "the citizens Of each
State, respectively, shall have full
property rights In the shores OF tie
Potomack River" The commission said
it is "of Importance" that "shore" Is
defined by Webster as "the ground
between ordinary high-water mark
and low-water mark"
This compact was in force when. in
179l, Virginia ceded part Of the vir-
ginia side Of the river to the Govern
ment for use as seat OF government.
The return Of this land to Virginia by
the retrocession act Of ls4e, the report
said, returned all Of the Virginia shore
to the Commonwealth.
"It has been the serious contention
Of the United States Government"