Chapter 196.
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CHAP. 196.— An act giving the consent of Congress to an agreement or compact entered into between the States of Virginia and Maryland respecting the boundary between said States. March 3, 1879. Whereas arbitrators duly appointed on the part of the State of VirginiaMaryland and Virginia boundary.Preamble. and on the part of the State of Maryland for the purpose of ascertaining and fixing the boundary between the States of Virginia and Maryland, did proceed in the premises to examine into and ascertain the true line of said boundary, and did award as to the same in words following, to wit:
" “award. “And now, to wit, January sixteenth, anno Domini eighteen hundredAward. and seventy-seven, the undersigned, being a majority of the arbitrators to whom the States of Virginia and Maryland, by acts of their respective legislatures, submitted the controversies concerning their territorial limits, with authority to ascertain and determine the true line of boundary between them, having heard the allegations of the said States, and examined the proofs on both sides, do find, declare, award, ascertain, and determine that the true line of boundary between the said States, so far as they are conterminous with one another, is as follows, to wit:
“Beginning at the point on the Potomac River where the line between Virginia and West Virginia strikes the said river at low-water mark, and thence, following the meanderings of said river, by the low-water mark, to Smith’s Point, at or near the mouth of the Potomac, in the latitude thirty-seven degrees fifty-three minutes eight seconds, and longitude seventy-six degrees thirteen minutes forty-six seconds; thence crossing the waters of the Chesapeake Bay, by a line running north sixty-five degrees thirty minutes east, about nine and a half nautical miles, to a point on the western shore of Smiths Island, at the north end of Sassafras Hammock, in latitude thirty-seven degrees fifty-seven minutes thirteen seconds, longitude seventy-six degrees two minutes fifty-two seconds ; thence across Smith’s Island south eighty-eight degrees thirty minutes east, five thousand six hundred and twenty yards, to the center of Horse Hammock, on the eastern shore of Smith’s Island, in latitude thirty-seven degrees fifty-seven minutes eight seconds, longitude seventy- five degrees fifty-nine minutes twenty seconds; thence south seventy- nine degrees thirty minutes east, four thousand eight hundred and eighty yards, to a point marked A on the accompanying map, in the middle of Tangier Sound, in latitude thirty-seven degrees fifty-six minutes forty-two seconds, longitude seventy-five degrees fifty-six minutes twenty-three seconds, said point bearing from Janes Island light south fifty-four degrees west, and distant from that light three thousand five hundred and sixty yards ; thence south ten degrees thirty minutes west, four thousand seven hundred and forty yards, by a line dividing the waters of Tangier Sound, to a point where it intersects the straight lino from Smith’s Point to Watkin’s Point said point of intersection being in latitude thirty-seven degrees fifty-four minutes twenty-one seconds, longitude seventy-five degrees fifty-six minutes fifty-five seconds, bearing from Jane’s Island light south twenty-nine degrees west, and from Horse Hammock south thirty-four degrees thirty minutes east; this point of intersection is marked B on the accompanying map; thence north eighty-five degrees 482 FORTY-FIFTH CONGRESS.
Sess. III. Ch. 196. 1879. Award, cont’d.fifteen minutes east, six thousand seven hundred and twenty yards, along the line above mentioned, which runs from Smith’s Point to Watkin’s Point until it reaches the latter spot, namely, Watkin’s Point, which is in latitude thirty-seven degrees fifty-four minutes thirty-eight seconds, longitude seventy-five degrees fifty-two minutes forty-four seconds; from Watkin’s Point the boundary line runs due east seven thousand eight hundred and eighty yards, to a point where it meets a line running through the middle of Pocomoke Sound, which is marked C on the accompanying map, and is in latitude thirty-seven degrees fifty-four minutes thirty-eight seconds, longitude seventy-five degrees forty-seven minutes fifty seconds; thence by a line dividing the waters of Pocomoke Sound, north forty-seven degrees thirty minutes east, five thousand two hundred and twenty yards, to a point in said sound marked D on the accompanying map, in latitude thirty-seven degrees fifty-six minutes twenty-five seconds, longitude seventy-five degrees forty-five minutes twenty-six seconds ; thence following the middle of the Pocomoke River by a line of irregular curves, as laid down on the accompanying map, until it intersects the westward protraction of the boundary line marked by Scarborough and Calvert, May twenty-eighth, eighteen hundred and sixty-eight, at a point in the middle of the Pocomoke River and in the latitude thirty-seven degrees fifty-nine minutes thirty-seven seconds, longitude seventy-five degrees thirty-seven minutes four seconds ; thence by the Scarborough and Calvert line, Which runs five degrees fifteen minutes north of east, to the Atlantic Ocean: the latitudes, longitudes, courses, and distances here given have been measured upon the Coast Chart, number thirty-three, of the United States Coast Survey (sheet number three, Chesapeake Bay) which is herewith filed as part of this award and explanatory thereof ; the original charter line is marked upon the said map and shaded in blue; the present line of boundary, as ascertained and determined, is also marked and shaded in red, while the yellow indicates the line referred to in the compact of seventeen hundred and eighty-five, between Smith’s Point and Watkin’s Point; in further explanation of this award, the arbitrators deem it proper to add that— “First.
The measurements being taken and places fixed according to the Coast Survey, we have come as near to perfect mathematical accuracy as in the nature of things is possible ; but in case of any inaccuracy in the described course or length of a line or in the latitude or longitude of a place, the natural objects called for must govern. “Second. The middle thread of Pocomoke River is equidistant as nearly as may be between the two shores without considering arms, inlets, creeks, or affluents as parts of the river, but measuring the shore lines from headland to headland.
“Third. The low-water mark on the Potomac, to which Virginia has a right in the soil, is to be measured by the same rule, that is to say, from low-water mark at one headland to low-water mark at another, without following indentations, bays, creeks, inlets, or affluent rivers. “Fourth. Virginia is entitled not only to full dominion over the soil to low-water mark on the south shore of the Potomac, but has a right to such use of the river beyond the line of low-water mark as may be necessary to the full enjoyment of her riparian ownership, without impeding the navigation or otherwise interfering with the proper use of it by Maryland, agreeably to the compact of seventeen hundred and eighty-five.
“In testimony whereof we have hereunto set our hands the day and year aforesaid “J. S. BLACK “ Of Pennsylvania “CHAS. J. JENKINS “Of Georgia “A. W. Graham “Secretary” " FORTY-FIFTH CONGRESS. Sess. III. Ch. 196, 197, 198, 199. 1869. 483 And whereas the said award has been ratified and confirmed by the legislatures of the States of Virginia and Maryland respectively: Therefore, *Be it enacted by the Senate and House of Representatives of the United States of America m Congress assembled*, That the consent of the Congress of the United States is hereby given to the said agreement or award, and to each and every part and article thereof: *Provided,* That nothing therein contained shall be construed to impair or in any manner affect any right of jurisdiction of the United States in and over the islands and waters which form the subject of the said agreement or award.
Approved, March 3, 1879.