Oliver Wendell Holmes, Jr.

“ Maryland v. West Virginia was a suit to settle a portion of the boundary line between those States. The decision could not affect the District of Columbia. It relied primarily upon an arbitration upon the issue in 1877, in which it was admitted that the original boundary was high water mark on the Virginia side, but held that the low water mark was established by prescription. The arbitration also relied upon a Compact of 1785, 1 Dorsey, Maryland Laws, 1692-1839, p. 187; 12 Hening, Virginia Statutes, p. 50, giving it a construction to which we cannot agree. ”

“ The rights of private citizens established by Article 7 were further cared for by Article 12 giving citizens of each State having lands in the other liberty to transport to their own State the produce of such lands or to remove their effects, free of any charge or tax. ”

“ Prescription was a sufficient reason for the decision, and could not be invoked against the District. The Compact is seen in a different light in Marine Railway & Coal Co. v. United States. As stated in 257 U.S. 64, 42 S.C.t. 32, 66 L. Ed. 124, Article 7 gave the citizens of each State full property in the shores of the River adjoining their lands and the privilege of carrying out wharves etc., but left the question of boundary open to long continued disputes. ”