Yale University Library 39002015033666 li^j'Sommission on Boundary Lines between •Tirginia and Maryland, 1870 - 1874. %*>« • Documents delating to the Western wwk.?t. and Southern Boundary... *«'>Biclmona, 1874. > .»'*,Vff''- - ' '-'¦S's'.:?'?!'';*!:?^!'!!' Ml. k(,3.30p YALE UNIVERSITY LIBRARY 1936 DOCUMENTS RELATING TO THE Western and Southern Boundary OF THE STATES OF MARYLAND AND VIRGINIA. DOCUMENTS RELATING TO THE Western and Southern Boundary OF THE STATES OF MARYLAND AND YIRGINIA. EICHMOND: CLEMMITT & JONES, BOOK AND JOB PRINTERS. 1874. Ck^-s.-^o f DOCUMENT m. I. DOCUM ENTS ACCOMPANTINa THE GOVERNOR'S MESSAGE. BOUNDARY LINE BETWEEN MARYLAND & YIRGINIA. COUNCIL CHAMBER, 1 Annapolis, June 1832. f Sir, The report and resolutions of the general assembly of this state, adopted and passed at the last session, and transmitted herewith in compli ance with the request contained in the last resolution, your excellency -will perceive relate to the important subject of the boundary line, which has so long been in amicable controversy between the states over which we at pre sent respectively preside. Notwithstanding the provision for adjustment of the contest relative to said boundary line, is identical with that which was proposed by this state in 1826, and not then acceded to by Virginia, I cannot but persuade myself that the repetition of the suggestion of a mode of settlement of the matter so friendly and fair, will be met in the same amicable spirit in which it originated, and that corresponding provision wUl be made by Virginia, and this long pending controversy be brought to a final determination. I have the honor to be, With the highest respect, Your excellency's most obedient servant, GEO. HOWAED. Sis Excellency John Floyd, Governor of Virginia. REPORT AND RESOLUTIONS RELATIVE TO THE Southern & Western Limits of this state. REPORT. The committee to whom sundry resolutions were referred relative to the southern and western limits of this State, have had the same under consid eration, and respectfully report : — That they have arranged their enquiry in order as proposed by each reso lution, beginning with the first, as best calculated to keep in view the object of the senate, and to present to the consideration of both branches of the legislature, the whole mass of facts and circumstances in consecutive form, starting from the root of the title of Maryland to its domain through all adversary or other pretensions. Ist. Your committee have been instructed to enquire and report to the senate " what were the true southern and western limits of the province of Maryland, according to the original charter from the king of Great Britain, to Lord Baltimore." By an examination of the third section of that charter, your committee find the grant to Baltimore so defined by natural boundaries, leading from one point to another all round the grant, that it has produced in your com mittee no little surprise to learn from the early history of the province, the legal perplexity in which the proprietary was involved, concerning them. They were indelible signs of nature, skirted along the whole grant, and were doubtless intended to put out of the reach of all controversy the intention of the grantor in carrying out his immense domain a territory for Lord Bal timore. The third section declares that it was intended to contain " 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 from the residue thereof by a right line drawn from the promontory or head land called Watkins' Point situate upon the bay aforesaid, near the river Wighco 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 on the north, which lieth under the fortieth degree of north latitude from the equinoctial, where New England is terminated ; and all the tract of that land within the metes under written, (that is to say,) passing from the said bay called Delaware bay, in a right line by the degree aforesaid, unto the true meridian of the .first fountain of the river of Potomac, thence verging towards the south, unto 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 said river, where it disembogues into the said bay of Chesapeake, and thence by the shortest line unto 'bhe aforesaid promontory or place called Watkins' Point." Looking at this horoscope of Baltimore's charter, in search of its southern, and western limits, we are cautiously told to begin on that part of the bay of Delaware on the north, which lieth under the fortieth degree of north latitude from the equinoctial, and are directed to pass from the said part of said bay, which lieth under the said degree, and by the said degree unto the true meridian of the first fountain of the river Potomac ; although it is probable but little was known of the upper fountains or tributaries of the Potomac, to the King of Great Britain, by actual observation and inspection made by his agents, yet no doubt it was well ascertained or believed, that it flowed from the west, and its courses and first fountain with the greatest relative extent to the west, were intended to be sought for, as your commit tee believe, by actual survey due west along the degree aforesaid, until a true meridian could be got to strike the first fountain of the Potomac, having the greatest extent to the west, without regard to any branch or tributary of that river. For notwithstanding the confines of the grant were sufficiently guarded by natural boundaries and signs, it was evidently intended to be better defined at some other time by ascertaining their precise situation. Your committee believe that it will clearly appear from a subsequent part of this report, that the stream commonly known by the name of the south branch of the Potomac, flows from the first fountain having the greatest ex tent to the west, and is indeed Potomac proper, and the north branch is but a tributary of that noble river. Not knowing exactly what would be the ef fect of the calls of Baltimore's charter, the King abundantly explained them, as well as all other words for the benefit of his favorite, in the 22d section, in which all his courts and judicatories are instructed to give the whole grant such interpretation as should be most beneficial and profitable to the grantee. And by starting the meridian so as to strike the first fountain of the South Branch, would have increased the proprietaries domain, according to an esti mate of the late William Cook, four hundred and sixty two thousand four hundred and eighty acres of land. If therefore the south branch of the 6 Potomac, by actual survey, should have been found not only flowing from the first fountain having the greatest relative extent to the west, but aetn- ally yielding to Baltimore an increased extent of domain of four hundred and sixty two thousand four hundred and eighty acres of land, more than he could have obtained by running a meridian to the first fountain of the North Branch, your committee beheve it is scarcely possible for the human mind to doubt, that the whole country north of the South Branch, was orig inally included in Baltimore's charter. If this should be demonstrated by the facts submitted in this report, it will follow that the meridian for the western limit of the charter, ought to have struck the first fountain of the South Branch, it having the greatest relative extent to the west,, thence verging towards the south unto the further bank of said river, and following the same for the southern limit on the westward south. 2. In regard to the information sought by the second resolution, your committee believe and respectfully report, that the southern and western limits of the country, as defined by the original charter from the King of Great Britain to Lord Baltimore, ought now to be the southern and western limits of this state, if viewed as a strict matter of right in an adversary proceeding against our sister state of Virginia. The right to grant the em inent domain by the King of Great Britain to Lord 'Baltimore, at the date of the charter, was incontestible, and although it was the source of some dissatisfaction amongst the colonists of Virginia, from causes not necessary to repeat in this report, yet it was a matter conceded on all hands long be fore the revolution, that the grantee was entitled to all the domain included in his true legitimate boundaries, as mentioned and intended by the charter, wheresoever they might be found ; and there can be no question that the same right of domain within the true limits of the charter, passed to this state after the revolution. This as far as your committee have been able to discover, was at no time doubted on the part of Virginia. And so far as your committee have been able to learn, this state has done nothing to di vest herself of this domain. It will appear in' a subsequent part of this report, that the planting of the Fairfax stone, was done wihout any author ity from the elder Baltimore, or from Frederick Lord Baltimore. The latter, it appears from the council proceedings of Maryland, instructed his governor Sharpe, in seventeen hundred and and fifty three, to "keep a good look out, and prohibit settlements under Fairfax, in the country north of the South Branch," and this state in the convention when our constitution was formed, passed several resolutions more particularly referred to hereafter, amounting to a solemn protest against any claim of Virginia to the country within our chartered limits. • Nor is ther.e any well founded claim to the country on the part of Virginia, by usucaption and prescription known among nations. Usucaption is the acquisition of domain founded on a long possession, unin terrupted and undisputed, from which there may be a presumed desertion. Such principles would suppose that this state had entirely neglected that which belongs to her, and had left it with all the appearances of a thing utterly abandoned. But every important event in our history touching this subject, shows a continual claim, on our part, down to the year eighteen hundred and eighteen, when certain matters of compromise were offered, but not being accepted, remitted this state to her original rights. 3. In regard to the duty devolved upon your committee by the third resolution, to ascertain what is the first fountain of the Potomac, it is scarce ly necessary to remind the senate, that the true boundary between this state and the state of Virginia, has always depended upon that single question, which could have been settled at any time by actual survey of the waters, if made in a spirit of sincerity and candor by both states, and with such an interpretation of the charter as was manifestly intended. Your committee are of opinion, that there is a moral obligation upon states, as well as upon individuals, to do justice to each other, and if it was a moral duty on the part of Virginia, at any time promptly and with good faith to sSttle that single question, by all the means within her power, that duty and moral obligation is yet in force, and cannot be repealed without the consent of both states. Vattel, in his chapter upon the observance of justice between na tions, has declared " that justice is the basis of all society, the sure bond of all commerce ; human society, far from being an intercourse of assistance' and good offices, would be no longer anything but a vast scene of robbery, if no respect were paid to this virtue, which secures to every one his own. — It is still more necessary between nations, than between individuals, because injustice produces more dreadful consequences in the quarrels of these pow erful bodies. All nations are therefore under a strict obligation to cultivate justice towards each other, to observe it scrupulously, and carefully to ab stain from every thing that may violate it. — Each ought to render to the o'ther what belongs to them, to respect their rights, and to leave them in the peaceful enjoyment of them." Vattel, book 2d, chap: 5 There are some conquerors who aspire after nothing more then extending their dominions, but it was not expected that States who struggled together through the pangs of a revolution, would, at any time, endeavor to over reach and out bargain each other in the settlement of their limits, when the whole matter to be first ascertained was nothing more than the first fountain of a river flowing from a mountain, which could be seen by any one sin cerely disposed to understand the whole truth of the matter. To the doc trines so well settled and defined by Vattel, all civilised communities, as separate states, without any common bond of union, are bound to yield ; and, much more two states, being neighbors, who are cemented by that bond of union, which holds together our whole confederacy. 4th. In regard to the information sought by the fourth resolution, your committee further report, that they have examined the constitution of Vir ginia, and find the territorial limits of this State referred to, in the twenty- first section, in the following words : " The territories contained within the 8 charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and forever confirmed unto the people of those colonies respectively, with all the rights of property, jurisdiction and government, and all other rights whatsoever, which might at any time heretofore have been claimed by Virginia, except the free navigation and use of the rivers Potomac and Pocomoke, with the property of Virginia shores or strands bordering on either side of said rivers ; and all improvements which have been or shall be made thereon." The King of Great Britain being enti tled to the whole eminent domain of the country, granted a part of it to Lord Baltimore, by his charter. This right of the King was incontestible, and Vir ginia had no claim to any territory within the limits of Baltimore's charter, but inasmuch as there had been some dissatisfaction by some individuals in Virginia, in regard to the charter, it was friendly and proper for her, at that time, to make this express recognition of our limits, and had a tendency to remove all difficulty or misunderstanding that could possibly arise on the subject, through the perils of the revolution. In the same section of the Virginia constitution, it is declared, that "the western and northern extent of Virginia, shall, in all other respects, stand as fixed by the charter of King James the first, in the year one thousand six hundred and nine, and by the public treaty of peace between the courts of Great Britain and France, in the year one thousand seven hundred and sixty three." The claim of the English to the continent of North America, was founded upon the dis covery of Cabot in the year fourteen hundred and ninety eight; and the name Virginia was, at one time, applied by the English to the whole conti nent; and sundry companies had from time to time, before the revolution, been chartered with permission to plant colonies within the limits of Vir ginia, and for other purposes. Amongst other charters, that of King James the first, mentioned in this article, had been granted, but was afterwards, as well as all other charters of that kind, annulled ; and the rights granted by them revested in the crown, and before the date of Baltimore's charter, Virginia became a royal government. It is therefore clear that the ground taken by Virginia, in the twenty-first article of her constitution, was not tenable, except as a recognition of the Maryland claim. The general con vention of delegates and representatives, who framed the constitution of Virginia, met at Williamsburgh on the sixth day of May, seventeen hundred and seventy-six, but a short time before the declaration of independance, when Virginia was in her first love as a sister state, it was fit and proper for her to make such a recognition. But her reservation in regard to the use of the rivers Potomac and Pocomoke, were wholly gratuitous; and the two states afterwards, by compact on the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty five regulated and settled the jurisdiction and navigation of those rivers, and that part of Chesapeake bay within the territory of Virginia. If then Virginia had no right to any territory within the limits of Baltimore's charter, and made the 9 recognition purely from abundant caution, and to prevent quarrels and mis understandings with, her sister Maryland during the revolutionary struggle, it is nevertheless a recognition of our territorial limits within the charter, to the utmost extent of our true boundaries, when fully ascertained and defined. Or if she had any possible imaginary right to any territory within the limits of our charter, it was all absolutely ceded and released by her constitution to Maryland, although becoming subject to the compact made afterwards in seventeen hundred and eighty-five.-^ut even in the struggle of the revolution, Maryland did not forget to enter her solemn protest against the proceedings of Virginia, in regard to her territorial limits, and on the thirtieth of October, seventeen hundred and seventy six, in the Ma ryland Convention which met to form our constitution, the twenty-first article of the constitution of Virginia, referred to in this report, was taken into consideration, and the following resolutions as a protest, were unani mously adopted ; " Resolved unanimously, that it is the opinion of this convention, that the state of Virginia hath not, any right or title to any of the territory, bays, rivers, or waters included in the charter granted by his Majesty Charles the first, to Ca3cilius Calvert, Baron of Baltimore." " Resolved unanimously, that it is the opinion of this convention, that the sole and exclusive jurisdiction, over the territory, bays, rivers, and waters, included in the said charter, belongs to this state, and that the river Poto mac, and almost the whole of the river Pocomoke, being comprehended in the said charter, the sole and exclusive jurisdiction over the said river Po tomac, and also over such part of the river Pocomoke as is comprehended in the said charter, belongs to this state, and that the river Potomac, and that part of the Chesapeake bay which lies between the capes and the south boundary of this state, and so much thereof as is necessary to the navigation of the rivers Potomac and Pocomoke, ought to be considered as a common highway free for the people of^oth states, without being subject to any duty, burthen or charge, as hath been heretofore accustomed." " Resolved unanimously, That it is the opinion of this convention, that the very extensive claim of the state of Virginia to the back lands, hath no found ation in justice ; and that if the same or any like claim be admitted, the free dom of the smaller states, and the liberties of America, may be thereby greatly endangered." It is manifest that Virginia had no authority to give, to take away, or to reserve, any portion of the country which was within the limits of Balti more's charter. But that part of her constitution may be fairly and pro- •perly construed to be an express recognition of the right of Maryland to all the territory contained "within the original charter from the King of Great Britain to Lord Baltimore/^ The compact of seventeen hundred and eighty- five between the two states, was made to regulate and settle the jurisdiction and navigation of the Potomac, leaving the single question of the first foun- 2 10 tain of that river open, to be settled by some other negotiation. It is in deed, matter of great surprise to your committee, that the Maryland com missioners, at the time of that compact, did not make the decision of that single question preliminary to every other arrangement. 5th. In obedience to the request of the senate, expressed in the fifth reso lution, your committee, upon inquiry, found in the land office of this state, a survey of the two branches, which appears to have been made by Colonel Cresap, some time in the year of our Lord one thousand seven hundred and seventy-one. This survey was evidently made with the knowledge and ap probation of the proprietary, and probably under his express direction ; but for what purpose it does not distinctly appear. But if made with fidelity, of which there is no reason to doubt, from the well known and established character of Colonel Cresap, it illustrates, and has established beyond all reasonable doubt, that the South branch flows from the first fountain of the Potomac. "It presents a very accurate view of the courses df the two branches, through the heads of which meridians are drawn, for the purpose of determining their relative extent to the west. From the year seventeen hundred and fifty three, it appears to have been continually held on the part of Maryland, that the south branch was the most western source;" and therefore the first fountain: "But the survey of seventeen hundred -and seventy-one appears to have been the first actual examination and survey of the two branches, which was made with this view. The papers connected with the settlement of the expenses of the survey, show that it was made under the directors of the proprietary government ; and it seems probable that it was made, both for the purpose of informing the proprietary as to the true location of the branches, and of furnishing a basis for any application which might be made by him to the King in council."— M'Mahon's History of Maryland, vol. 1st, page 57. Your committee invite the members of both branches of the legislature to examine this survey. Though the sur veyor who made it, and the contending lords whose interests were involved in it, have long since slept with their fathers, this survey yet speaketh in language sufficient to remove every involution of darkness which has at any time concealed the true and single question, "Which is the first fountain of the river Potomac?" Both branches are delineated on the plat with merid ians through the head of each; and the meridian through the head of the South branch is near thirty miles west of the one through the head of the North branch. « 6th. In regard to the information sought by the sixth resolution, your committee further report-That they have examined the nature of the dis pute touching the southern and western limits of the Maryland charter.' between Frederick Lord Baltimore and Lord Fairfax, up to the close of the revolution, as well as the other matters referred to in that resolution Your committee having already distinctly adverted to the origin of Lord Balti more s charter, and the common call in that charter for the first fountain of 11 the river Potomac, beg leave also to make a brief reference to the origin and calls of the letters patent issued for lands in the Northern Neck of Virginia to certain persons from whom it passed into the Fairfax family. In the first volume of the revised code of Virginia, these letters patent are recited ; by which it appears that the grantors of the grant under whom Fairfax claimed were Lord Hapston, Lord Jermyn, Lord Culpepper, Sir John Berkeley, Sir William Morton, Sir Dudley Wyatt, and Sir Thomas Culpepper ; and the territory granted was, " all that entire tract, territory or parcel of land, situate, lying and being in America, and bounded within the heads of the rivers Rappahannock and Quiriough, or Potomac river ; the courses of the said rivers as they are commonly called and known by the inhabitants, and the descriptions of those parts, and Chesapeake Bay." The title having passed by the death of some of the proprietors, and by purchase from others of them, to Henry Earl of St. Albans, John Lord Berkeley, Sir William Morton, and John Treatherway, Esquire, they surrendered the original grant, for the purpose of receiving a new one for the same territory, for which they afterwards obtained letters patent. The title to the whole having vested in Thomas Lord Culpepper, a new patent was granted to him by King James the Second, and "from him it descended to his daughter and tinly child, who was married to Lord Fairfax, and thus passed into the Fairfax family." The grant of domain to Lord Baltimore, calling for the first fountain of the Potomac, and the grant of the right of soil afterwards, " of all that entire tract, territory or parcel of land, situate, lying and being in America, bounded within the heads of the rivers Rappahannock and Potomac," were not at all inconsistent, nor could they by any rational con struction clash with each other. The grant under which Fairfax claimed, having nothing upon the face of it that could excite the jealousy of Balti more, and being much engaged with the Penns, in settling his northern limits it does not appear .that he thought anything about it at first ; and no adversary or other proceedings were at any time instituted by Fairfax or those under whom he claimed, against Baltimore, to settle any dispute in regard to the division of the grant of the Northern Neck, and that of the Maryland charter. There was a dispute between Fairfax and the Governor of Virginia, relative to conflicting territorial claims which terminated by proceedings to which Baltimore was no party ; " and of the existence of which he and his government appear to have had no knowledge before they were terminated. Mr. M'Mahon, in his History of Maryland, says it appears in seventeen hundred and thirty-three a petition was preferred by Fairfax to the King in Council, praying that a commifssion might issue for running and marking the dividing line between his grant and the Province of Virginia ; and that the commission was accordingly issued, and the sur vey made .and reported in August, seventeen hundred and thirty-seven. In December, seventeen hundred and thirty-eight, these reports were referred to the consideration of the council for plantation afiairs, by whom a report 12 was made in seventeen hundred and forty-five, which determined the head springs of the Rappahannock and Potomac, and directed that a commission should issue to extend the line. This report was confirmed by the King in Council; and the line being adjusted in conformity to it, an act was passed' by the General Assembly of Virginia, in the year seventeen hundred and forty-eight, which adopts the order in council and confirms all previous grants made by the Crown of land lying within the limits of the Fairfax grant." The judgment of the King in form is not known, except so far as it is recited in the Virginia act of seventeen hundred and forty-eight. That act recites several things in the following words : " Whereas, in the late dispute and controversy touching the limits and boundaries of the several letters patent granted by their late Majesties, King Charles the Second and King James the Second, unto the ancestors of the Right Honorable Thomas Lord Fairfax, it hath been adjudged and determined by his present Majesty in Council, that the said' letters patent do include all that tract or territory of land between the rivers Potomac and Rappahannock, and the line now marked from the head spring of the said river Potomac to the head spring of the Rappahannock, commonly called the Conway, in which said tract or territory of land as is before described many adventurers and planters have taken up great quantities of land, and obtained grants and patents thereof from the Crown under seal of this colony ; and whereas, the said Thomas Lord Fairfax hath consented, before the King in Council, that the several grants' and patents made by the Crown of the lands included in the boundary aforesaid, should be confirmed to the several grantees, their heirs and assigns." The judgment of the King as recited in this act, although it is not so precise in the location as the letters patent to Fairfax, ought never theless to be taken as intending to fix the limits according to the letters patent. The judgment says, " that the said letters patent do include all that tract or territory of land between the rivers Potomac and Rappahan nock;" the letters patent, " all that entire tract, territory or parcel of land situate, lying and being in America, and bounded within the heads of the rivers Rappahannock and Quiriough or Potomac riyer." Now it is fair to presume, that the King intended nothing more than "the heads of the rivers Rappahannock and Quiriough or Potomac," when he used the words " between the rivers Potomac and Rappahannock." At all events, in the opinion of your committee, it gave no authority to plant the Fairfax stone on the North Branch, where it is now found. That was an after-thought and a contrivance by two interested parties, who had previously made liti gation before the King for their mutual benefit. But it seems this act of seventeen hundred and forty-eight intended to make the King declare, in his judgment, that the boundaries of the several letters patent granted unto the ancestors of Fairfax extended to all that tract or territory of land be tween the rivers Potomac and Rappahannock, to enable Virginia and Fair fax to plant a stone at the head of the North Branch, when, by the original grant itself, it was limited to " all that entire tract, territory or parcel of 13 land situate, lying and being in America, and bounded within the heads of the rivers Rappahannock and Potomac." It is plain such a judgment with the construction given to it by Virginia and Fairfax was not authorized by the original letters patent, which were better defined and understood. But being in a controversy of Virginia on one side, who was interested in ex tending her jurisdiction, and Lord Fairfax on the other, who was interested in the increase of his lands, it is not at all surprising that it was so adjusted. It enlarged the jurisdiction of Virginia, and Fairfax gained the whole country between the South and North Branch. It appears also, by the act referred to, that Virginia and Fairfax run a line, by consent, from the head spring of the said river Potomac to th^e head spring of the Rappahannock ; beginning, no doubt, at the place on the North Branch which has since been known by the Fairfax stone. The two interested parties, by a law suit which appears to have been carried on for their mutual benefit, got the King to decide that it shall be " between the rivers Potomac and Rappa hannock," instead of "the heads of the rivers Rappahannock and Potomac,'' and then run a line making the head spring of the Potomac on the North Branch, where the Fairfax stone is now found. This was a plain usurpation of the rights of the elder Baltimore, being obtained through a decision in a cause to which he was no party, and of which he had no notice, and which afterwards received the protest of his successor, which was not made by his predecessor in consequence of his death. Some time in the year seventeen hundred and forty-eight a land office for granting lands in the Neck was opened by Fairfax, after the ex parte settlement of the boundary line be tween him and the government of Virginia was made, and in which the elder Baltimore had no'«part. From this office grants were issued, which extended so far to the " west as to raise the question of location of the head of the Potomac," which caused Frederick Lord Baltimore, after his accession to the right of the Maryland domain, to turn his attention "to its western. limits ; " and " in his instructions to Governor Sharp, which were presented by the latter to his council in August, seventeen hundred and fifty-three, he alludes to the Fairfax grant, and remarks, that he had been informed that the government of Virginia had undertaken to ascertain the limits of his charter; and that the commissioners who had been appointed for this pur pose, instead of stopping at the South Branch, which runs from the first fountain of the Potomac, had gone even to the North Branch; that, if any such adjustment was made, he had no knowledge of his predecessor being a party to it, and therefore concluded by it." He therefore directed the governor " to obtain early intelligence of the manner in which the bounda ries were settled by these commissioners, and to apprise Lord Fairfax of his desire to adjust that boundary with him ; and he at the same time commands him to keep a good lookout, and prohibit settlements under Fairfax in the country north of the South Branch. These instructions being laid before the council, in order to a compliance with them, they endeavoured to collect 14 information with reference to the relative extent of the North and South Branches of the Potomac, and for this purpose th?y summoned before them Colonel Thomas Cresap, one of the settlers in the western extremity of the state, who was supposed to be familiar with the course and extent of these branches. He accordingly attended at their next session, in September, seventeen hundred and fifty-three, and informed them that, in his opinion, the South Branch of the Potomac was the longest stream, because it con tinued, as he thought, the longest stream even from its mouth, and ran about sixty miles further in a northwestern direction than did the North Branch. Thus informed, the governor addressed a letter to Lord Fairfax, in which, after apprising him of the instructions received from the proprietary, he remarks that the information which he had obtained "induces him to believe that there has been some mistake in fixing the fountain head of the Potomac at the source of the North Branch, as the relative length of the two branches and other circ^imstances concur to shew that the South Branch, commonly called ' Wappecomo,' is the main and principal course of that ^ river," and expressed a hope "that Fairfax would concur with him in causing such an examination of the two branches as will put the question to rest." M'Mahon's History of Maryland, pp. 52-8 ; Council Proceedings of Maryland, Liber T. R. and W. S. 12, 13. The historian also refers to Jef ferson's Notes on Virginia, pp. 198-4. " From this period until the revolu tion the existing records of the council and assembly transactions are en tirely silent as to this contest, of which an accurate history can be collected only from the records of the English council. Fairfax continued to adhere to the line run from the stone planted by himself and Virginia ; and the proprietary of Maryland continued to assert his claim to the first fountain, he that where it might." — M'Mahon's History of Maryland. It is quite clear to your committee, if the American revolution had not ^intervened a collision must have ensued between the grants of Fairfax and Baltimore, which would have brought about an amicable adjustment of boundaries or forced a determination before the King in council. That glorious event in American history took away this dispute from Fairfax and Baltimore and vested it in the independent states of Virginia and Mary land ; and the former, in the very act of forming her constitution, made an express recognition of all the rights of the latter within the limits of her original charter, and left nothing to be done but an ascertainment of these limits by actual examination and survey. But your committee are con strained to remark, that the virtuous precept which is found in the consti tution of Virginia has never been followed up by the same frankness and generosity in ascertaining and yielding to us our limits. While Maryland has asked for nothing but a clear ascertainment of her limits as recognizpd and acknowledged by Virginia, upon terms suitable to the honor and dignity of both states, she has been asked by Virginia to permit the latter to fix be forehand the place of beginning. This is stated with pain and reluctance ; 15 but it is a truth that ought not be concealed. The people of Virginia and the world should know the wrong done to us by our sister state, who acted so just when the revolution was in embryo. Soon after the revolution it became the duty of this state, with as little delay as possible-, to dispose of the reserved lands westward of Fort Cumberland, to fulfill engagements made to the officers and soldiers of the Maryland line, which had been in the service of the United States during the war ; and an act of the legisla ture of Maryland therefore, passed at November session, seventeen hundred and eighty-eight, to Sanction the proceedings of commissioners previously appointed to locate certain lots of land westward of Fort Cumberland for the benfit of these officers and soldiers. So urgent were the claims of these military servants, who had lately gone through the heat and burthen of the day of the revolution, that this state could not, without evident injustice, postpone the location of their lands until the settlement of our southern and western limits. The commissioners therefore, to avoid all collision with Virginia, run a temporary meridian far within our just limits. By the act of seventeen hundred and eighty- eight, chapter forty-four, section fifteen, it is provided — as a protest, your committee presume — " that the line to which the said Francis Deakins has laid out the said lots is, in the opinion of the general assembly, far within that which this state may rightfully claim as its western boundary ; and that, at a time of more leisure, the consideration of the legislature ought to be drawn to the western boundaries of this state, as objects of very great importance." By this reservation this state cautiously precluded all idea of abandon ment of our claim, or of yielding at any .time to unjust pretensions on the part of Virginia ; and embracing the first moment of leisure, in the year seventeen hundred and ninety-five, opened again a door for negotiation. In that year, by a resolution of the general assembly, three distinguished gen tlemen — Messrs. Pinkney, Cooke and Key — were appointed commissioners on the part of this state, to meet such persons as the state of Virginia should appoint, to adjust and settle by compact the southern and western limits of this state, and to fix the dividing lines and boundaries, and to settle upon just terms the claim of either state within the limits of the other. Mr. Pinkney being called away on a foreign mission and Mr. Cooke having re fused to act, in seventeen hundred and ninety-six, Charles Carroll, of Car- rollton, and J. T. Chase, Esquires, were appointed in their stead. Mr. Key soon afterwards removed from the state, and Messrs. Carroll and Chase re fused to accept ; and thus the state had no commissioners until eighteen hundred and one. In that year, by a resolution of the general assembly, the power to appoint commissioners was given to the governor and council. The governor and council, under the authority given them, appointed Messrs. Duvall, M'Dowell and Nelson commissioners ; and a correspondence took place between Governor Mercer, of Maryland, and Governor Monroe, of Virginia. But neither the first letter of Governor Mercer nor the reply 16 of Governor Monroe can be found. There is, however, a letter from Gov ernor Mercer dated June 5th, 1802, to the governor of Virginia, in which there is an acknowledgment of the receipt of a letter from the governor of Virginia, upon the subject of our southern and .western limits, which shows that there was a correspondence under the resolutions of eighteen hundred and one. By the letter from Governor Mercer of June 5, 1802, it appears that Governor Monroe had expressed surprise at being informed of the pre tensions of Maryland, and he is referred for the information of himself and the legislature of Virginia to the resolutions of seventeen hundred and ninety-five, and to a letter of Governor Stone, which was written imme diately after the passage of these resolutions ; as well as to the letter of Governor Brooke, of Virginia, in reply to him. From Governor Mercer's letter, it appears that the legislature of Virginia passed an act to appoint commissioners to meet those appointed by Maryland, but limiting their pro ceedings to a settlement of the western line. In this correspondence. Gov. Mercer informs Governor Monroe that no measures could be adopted to ascertain the western boundary between the states, until it should be first determined " whether the North or South Branch is the main branch of the river Potomac." Maryland had proposed the final adjustment of our south ern and western limits, which were evidently unsettled ; but Virginia ofi'ers to settle the western line alone. She evaded, as she has endeavoured to do ever since, the true question and place of the first fountain, the only matter in dispute ; while Maryland, bold and confident in the merits and justice of her claim, went upon the common call in her charter. But it is plain, upon principles of justice and right, that Virginia could gain no advantage, even by an attempt to settle the western line first, unless she demands of us to abandon our charter. By the charter, the western line was to be known by passing from the said bay, called Delaware Bay, in a right liue by the fortieth degree of north latitude from the equinoctial unto the true meridian of the first fountain of the river Potomac. What the first fountain is, as intended by our charter, Virginia very well knows, but was not willing to ascertain. The charter goes further, and says, after striking the first foun tain, " thence verging towards the south unto the further bank of the said river, and following the same on the west and south," &c. Now it is evi dent, if the western limit of this state is at any time honestly settled, it must of course settle our southern boundary, unless indeed Virginia should be permitted to settle our boundaries according to her own pleasure, without regard to our rights as fixed and ascertained by our charter. The proceed ings of the executive of this state, under the resolutions of eighteen hundred and one, are particularly referred to in the message of Governor Mercer of November 6th, 1802. At December session, eighteen hundred and three, Governor Mercer, being a member of the House of Delegates, was chairman of a committee appointed to consider and report upon the matters growing out of the resolutions of eighteen hundred and one. In this report Gov. 17 Mercer recommends the running of a provisional line, by agreement with Virginia, until further steps could be taken to ascertain the southern boundary. "This report was not acted upon; and the subject does not appear to have been revived until eighteen hundred and ten, when another resolution was passed similar to that of eighteen hundred and one. From eighteen hundred and ten the matter slept, until it was revived by this state in the act of eighteen hundred and eighteen, chapter two hundred and six. This state had now become wearied with her efi'orts to reclaim the territory south of the North Branch ; and hence this act of eighteen hundred and eighteen, in proposing to Virginia the appointment of commissioners, agrees to adopt the most western source of the North Branch as the point from which the western boundary shall start. At December session, eighteen hundred and twenty-one, of the assembly of Virginia, an act was passed which purported to meet and reciprocate this proposition of the state of Maryland, but was, in fact, materially variant from it. By the Virginia act the commissioners were instructed to commence the western boundary at a stone planted by Lord Fairfax on the head waters, of the Potomac ; and thus they were tied down to the old acjjsistment between Fairfax and the Crown. The Virginia act, therefore, was entirely difierent from that of Maryland, which directed the commissioners to begin at the most western source of the North Branch, and did not justify the appointment of commissioners on the part of Maryland. Our act of eighteen hundred and eighteen expressly directed that the appointment on the part of this state should be made only after Virginia had embraced its propositions by the passage of a similar act. But this was overlooked by the executive of Maryland ; and commissioners were appointed on the part of both states, who assembled on the head waters of Potomac in the summer of eighteen hundred and twenty-four. McMahon's History of Maryland. But the instructions of the Virginia commissioners being confined to the Fairfax stone, put an end to all further negotiations. By an act of eighteen hundred and eighteen, the executive of this state had no authority to appoint commissioners until a similar act was passed by Virginia ; and as no similar act ever did pass by the latter, the appointment of commissioners by the executive of this state was premature and unauthorized, although done from patriotic motives. This state, there fore, is no way committed or obliged to be confined to the most western source of the North Branch, because it being an offer of compromise, and refused by Virginia, Maryland is remitted to her original rights. As, how ever, the proceedings of this state, under the act of eighteen hundred and eighteen, were intended on our part to settle in an amicable way our south ern and "Western limits, the committee respectfully refer to the correspond ence between the commissioners appointed by both states. At the moment of their assemblage the Virginia commissioners opened their instructions, .which confined the beginning at the Fairfax stone ; which was repelled with becoming energy and decision on the part of our commissioners. 3 18 In another part of this report, the committee have fully shewn, that the Fairfax stone was planted by two interested parties, Virginia and lord Fairfax, without the knowledge or consent of either of the Baltimores, and by a proceeding to which neither of them was a party. That Virginia in her constitution made an express recognition of our rights within the limits of our charter, without confining us to the Fairfax stone, but evidently in tending an ascertainment of these limits according to the true intent and meaning of our charter. It has therefore surprised your committee, that the state of Virginia, so enlightened, just and generous on most other sub jects, in this matter of the adjustment of our boundaries, should .refuse to meet us upon terms of justice and right, and consistent with the dignity of both states. The offer of our act of eighteen hundred and eighteen, having failed as stated, this state, at December session eighteen hundred and twenty-five, passed sundry resolutions on the same subject, by which the governor and council were authorized and requested to appoint three com missioners on the part of this state, to meet such commissioners as might be appointed by Virginia, to settle and adjust by mutual compact between the two governments, the dividing and bonj^dary lines between them. And it was provided in one of the resolutions in case of disagreement between the comrnissioners appointed by both states, that the executive of this state, should request the governor of Delaware to appoint an umpire. In the month of April, next after the adoption of these resolutions, governor Kent transmitted them to governor Tyler ; and in the month of May following, governor Tyler sent his reply to governor Kent. It will be found that governor Kent reminded the governor of Virginia of the anxious desire of this state so often manifested on that subject; governor Tyler, in his reply, admitted the importance of the matter, and the unsettled condition of the boundaries^but thought it was owing to defectiveness of powers with which the commissioners on both sides were entrusted. This correspondence was communicated to both branches of the legislature by governor Kent, at De cember session eighteen hundred and twenty six ; since which nothing has been done as far as your committee have been able to ascertain. By a peti tion from some of the citizelis of Alleghany county in this state, presented to the general assembly, it appears that the authorities of an adjoining county in Virginia have assumed jurisdiction over them ; and they are now called upon to do duty as citizens and pay taxes in Preston county Virginia. Notwithstanding the opinion of your committee that in a strict legal adver sary proceeding against Virginia, the common call of the first fountain ought as originally intended, to start a meridian for the western boundary at the most western source of the South branch, (and verging towards the south unto the further bank of said river, and following the same for the southern hmits on the west and south,) they nevertheless recommend that the whole matter should be left open, for the most friendly and amicable adjustment. Your committee recommend to the consideration of the general assemblv several resolutions : . ¦" 19 jResolved by ihe general assembly of Maryland, That the governor and council of this state be, and they are hereby authorized and requested to ap point three commissioners on the part of this state, to meet such commis sioners as may be appointed on the part of the commonwealth of Virginia, to settle and adjust by mutual compact, between the two governments, the southern and western limits of this state, and the dividing and boundary lines between this state and the commonwealth of Virginia, and also to settle and adjust as aforesaid, any claim of this state, or of the commonwealth of Virginia, to territory within the limits of either state. Resolved hy the general assembly of Maryland, In case of disagreement between the commissioners appointed on the part of this state, and on the part of the commonwealth of Virginia, the executive of this state, and of the commonwealth of Virginia shall request the governor of Delaware, for the time being, to appoint an umpire, who shall be vested with full power to settle the several matters in controversy between this state and the com monwealth of Virginia, hereby confided to the aforesaid commissioners. Mesolved by the general assembly of Maryland, That the compact of agree ment when entered into by the aforesaid commissioners, or in case of disa greement and appointment of an umpire, as hereinbefore provided, the award of said umpire shall be final and conclusive on this state, and the faith of this state is hereby pledged to make such legislative enactments as may be necessary to secure all rights derived from the state of Virginia, to lands lying within any part of the territory now in dispute between the two states, which shall be adjudged to belong to this state, provided, however, and it is hereby further Resolved by the general assembly of Maryland, That nothing herein con tained' shall have any effect unless the legislature of Virginia shall first pro vide for the appointment of the commissioners on the part of Virginia, to treat with commissioners proposed to be appointed on the part of this state and for the appointment of an umpire by the governor of Delaware in case of disagreement as aforesaid, and shall also pledge the faith of the said state, that said compact or agreement, or umpirage, as the case may be, shall be conclusive on the state of Virginia; and also 'that all rights demanded under this state, to lands lying within any of the disputed territory which shall be adjudged to belong to Virginia, shall be respected, ratified and con firmed. Resolved by the general assembly of Maryland, That said commissioners and said umpire, shall from time to time, make reports of 'all proceedings had under and by virtue of these resolutions, to the executive of this state, and to that of Virginia. Resolved by the general assembly of Maryland, That the governor of this ' state, be requested to transmit a copy of this report and resolutions, to his excellency the governor of Virginia, to be laid before the legislature of the said commonwealth. 20 APPENDIX. DOCUMENTS accompanying the report relative to the boundary line between Maryland and Virginia. [No. l.J Extract of a letter from William Cool, Esq. to the Legislature of Maryland, dated lUh November, 1796. At length, a negotiation commenced between the proprietaries of Mary land and lord Fairfax, the then proprietary of that part of Virginia, re specting the subject ; and by consent it would have been established, that the first fountain of the river Potowmack was at the head of the South branch of that river, if the crown of Great Britain had not been interested in the question, and, therefore, it became necessary to lay the circumstances then existing, before the king in council, and to obtain their approbation and concurrence ; and while matters were thus suspended, the revolution com menced, which finally deprived all parties of their interest in the subject. During the war, the citizens of Virginia began to take up, and immediately after the peace, to settle the land between the North and South branches of the Potowmac. Ordered, That the clerk of this board write the following to colonel Cresap : Sir: I am commanded by the governor and council to desire of you that you will not fail to be at Annapolis by the second day of next month, as the busi ness which requires this attendance concerns the provincial bounds on Potow mack. You are also requested to bring with you what descriptions or other inforination you may now have relative to that river and its several branches, that further inquiry, if necessary, may be directed. I am your humble servant, J, R. To Colonel Thomas Cresap. I [No. 2.] At a council held in the 'council chamber, on Wednesday the 12th day of September, in the third year of his lordship's dominion, annoque domini, 1753. 21 Present : His Excellency Horatio Sharpe, Esq., Governor ; The Honoura ble Benjamin Fisher, Esq., Col. Levy Plater, Edmund Jennings, Esq., Col. Charles Hammond, Philip Thomas, Esq., Benjamin Young, Esq., Col. Ben jamin Tasker, Benedict Calvert, Esq. Colonel Cresap, attending this board, says that, in his opinion, the South Branch of Potowmack is the longest branch, because it continues the biggest stream, as he thinks, from the mouth, and runs about sixty miles northwest further than the North Branch. His Excellency is pleased to lay before this board the following copy of a letter intended to be sent by him to the Right Honourable the Lord Fairfax: My Lord: I have the honour of acquainting your lordship with my ap pointment to this government, and at the same time expressing sincere satisfaction from the hopes of being instrumental in forwarding a mutual benefit to your lordship, as well as the lord proprietary of this province. Lord Baltimore was pleased to charge me with an inquiry into the true meridian and place of the fountain head of Patowmack. The best informa tion I have been hitherto able to procure, gives me reason to believe there has been a mistake in fixing the spring head to the North Branch, since the length, with other circumstances, more properly denote the Southern Branch, commonly called Wappocomo, to be the main and principal course of that river. I am the more willing to be persuaded of the truth of this representation from the considerable advantage that will accrue to your lordship. That branch, I am informed, has never been thoroughly explored and traced to its source ; but I flatter myself with having your lordship's concurrence for such an examination into its course, length, width and depth, as may bring this matter to a nearer degree of certainty ; and if that should appear to be the fountain head of Patowmack river, I shall not ques tion but your lordship will ^ for taking such measures as may ascertain the mutual limits of the two p^prietorships, agreeable to the direction and true intention of their respective charters. [No. 3.] Resolutions November Session, 1795. ' Resolved, That William Pinkney, William Cooke and Philip Barton Key, esquires, be and they are hereby appointed commissioners on the part of this state, to meet such commissioners as may be appointed for the same purpose by the commonwealth of Virginia, to settle and adjust, by mutual compact between the two governments, the western and southern limits of this state, 22 and the dividing lines and boundaries between this state and the said com monwealth : and also to settle and adjust as aforesaid, any claim of this state or the said commonwealth, to territory within the limits of the other ; and the said commissioners are required to report their proceedings in virtue of this appointment, and authority, to the general assembly of this state, at the next session after the same shall have been concluded, for confirmation or rejection. Resolved, That the governor of this state be requested to transmit, with out delay, to the governor of Virginia, a copy of the foregoing resolve, in order to its being laid before the legislature of that commonwealth, and at the same to communicate the wish of this general assemby, that a similar resolve may be passed by the general assembly of Virginia. [No. 4.] Copy of a letter from the Governor of Maryland to the Governor of Virginia. Council Chamber, December 25, 1795. Sir: I had the honor to enclose to you a copy of a resolution, passed by the general assembly of Maryland, relative to the settling the western and southern limits of this state, and the dividing lines and boundaries between this state and the commonwealth of Virginia, which I take the liberty of soliciting may be laid before your legislature. I am, &c., p..^ T3 ^ ¦ r. JOHN H. STONE. . KOBERT Brooke, Esquire, Governor of Virginia. Council Chamber, Annapolis, FeVy 4, 1832. I certify, that the foregoing is truly copied from a letter-book amongst the records of the executive department. THOMAS CULBRETH, Cleric of the Council. [No. 5.] Governor Broohe to Governor Stone, January 9ih, 1796. gjg . Richmond, January 2th, 1796. resolntinf' ^'T^ '''T^^^ °^ Virginia, at their last session, passed a resolution requesting me to propose to the executive departments of the 23 several states the annual interchange of the laws passed by the respective states, and to establish a regular system for such exchange, comprehending the existing code of laws in each state. As such a mutual communication will not only be the means of affording desirable information, but will also draw closer the bands of harmony and friendship between the respective states ; it affords me much pleasure to make the proposition, and I beg leave to observe, that (should it be acceded to) the conveyance by post appears to me to be the most eligible means of carrying it into effect. To commence this friendly intercourse, the existing code of laws of this state shall be transmitted to you as soon as I have the honour of your per mission to do so. Your letter, enclosing the resolution of the legislature of Maryland re specting the adjustment of a part of the boundary line between that^ state and the commonwealth of Virginia, was unfortunately not received until a few hours after the general assembly had adjourned. It will, however, be submitted to their consideration on the commencement of their next session, and the result of their deliberation on the subject transmitted to you. I am, sir, with the most perfect respect and esteem. Your obedient servant, R. BROOKE. The Governor of Maryland. [No. 6.] Extract of a Message from Governor Stone to the Legislature of Maryland. In Council, Annapolis, November 18, 1796. Gentlemen : On the 25th of December last, the day on which I received your resolution, to be forwarded to the commonwealth of Virginia, respect ing the fixing the boundaries between the two governments, I transmitted, by letter of that date, a copy of which I enclosed, together with the answer of the governor of Virginia. Council Chamber, Annapolis, February 4, 1832. I certify that the above is truly extracted from a letter-ljook amongst the records of the executive department. THOS. CULBRETH, Clerh of the Council. 24 [No. 7.] Resolution November Session 1796. Whereas, by a resolution passed at the last session of the general assem bly of Maryland, William Pinkney, William Cooke and Philip Barton Key, Esquires, were appointed commissioners on the part of this state to meet such commissioners as may be appointed for the same purpose by the com monwealth of Virginia to settle and adjust, by mutual compact between the two governments, the western and southern limits of this state, and the di viding lines and boundaries between this state and the said commonwealth ; and also to settle and adjust, as aforesaid, any claim of this state or the said commonwealth to territory within the limits of the other : and whereas, the said William Pinkney is now absent from this state, and the said William Cooke hath notified to this general assembly that he cannot attend to the execution of the above powers, Resolved, That Charles Carroll, of Carrollton, and Jeremiah Townley Chase, esquires, be, and they are hereby appointed commissioners on the part of this state, in conjunction with the said Philip Barton Key, for the purposes aforesaid ; and the said commissioners are required to report their proceedings in virtue of their appointment and authority, to the general assembly of this state, at the next session after the same shall have been con cluded, for confirmation or rejection. Resolved, That the governor of this state be requested to communicate, without delay, to the executive of Virginia, this change in appointment of commissioners on the part of this state. [ No. 8.] Resolutions November Session 1801. Whereas, by a resolution of the general assembly of Maryland, passed at November session, one thousand seven hundred and ninety-five, William Pinkney, William Cooke and Philip Barton Key, esquires, were appointed on the part of this state to settle and adjust the western and southern bounda ries between this state and the commonwealth of Virginia : And whereas, at November session, one thousand seven hundred and ninety-six, William Cooke signified to the general assembly that he could not attend the execu tion of the said powers, and that William Pinkney was on business out of this state, and Charies Carroll, of Carrollton, and Jeremiah Townley Chase, esquires, were appointed with Philip Barton Key, to carry the aforesaid resolution into effect: And whereas, the said resolution hath not been car- 25 ried into effect, and Philip Barton Key hath removed out of this state, and Charles Carroll, of Carrollton, and Jeremiah Townley Chase have signified to this general assembly that they cannot attend to the execution of the above powers : Therefore, Resolved, That the governor and council be, and they are hereby author ized and required, to appoint three proper persons as commissioners on the part of this state, to maet such commissioners as may be appointed for the same purpose by the commonwealth of Virginia, to settle and adjust by mu tual compact between the two governments, the western and southern limits of this state, and the dividing lines and boundaries between this state and the said commonwealth ; and also to settle and adjust as aforesaid, any claim of this state, or the said commonwealth, to territory within the limits of the other ; and the said commissioners, so to be appointed, are hereby required to report their proceedings, in virtue of their said appointment and author ity, to the general assembly of this state, at the next session after the same shall have been concluded, for confirmation. Resolved, That the governor of this state be requested to transmit, with out delay, to the governor of Virginia, a copy of the aforegoing resolve, in order to its being laid before the legislature of that commonwealth, and at the same time to communicate the wish of this general assembly, that a sim ilar resolution may be passed by the general assembly of Virginia, with a clause specifying the time and place when and where the commissioners ap pointed on the part of said commonwealth shall meet those appointed on the part of this state. [No. 9.] Governor and Council to the Governor of Virginia, respecting the Boundary Line of the two States, June 5, 1802. Council Chamber, Annapolis. Sir: I have submitted your excellency's letter of the day of with its enclosures to the executive of this state, and I have to offer you their cordial reciprocation of the sentiments of accommodation which you have been pleased to express on the part of the state of Virginia. In doing this, I cannot conceal my surprise, that the executive and legislature of your state have remained unapprised at so late a date of any pretensions of the state of Maryland to a different boundary between them than that which has hitherto been permitted to subsist. On this subject, I beg leave to refer you to a resolution of the legislature of Maryland, passed on the day of , and transmitted by their then governor, John H. Stone, to your excellency's predecessor in office, Robert Brooke, Esq., whose 4 26 reply was duly communicated by Governor Stone to the legislature of this state, a copy of which communication is now enclosed. A reference to these documents must remove all impression of neglect on the part of this state in their first steps in this business, and of precipitancy in the last. The legislature of Maryland having adopted the broad principle of sub mitting the whole subject to the decision of mwtual commissioners, de pendent on the subsequent ratification of the respective states, seem not to have contemplated any farther communication on the part of this executive than what their resolution refers to ; any exposition, therefore, of the prin ciples, nature and extent of the claim of this state would not only be unau thorized, but perhaps premature ; still an anxious desire to meet the views of your excellency and the state of Virginia has induced me to forward a copy of a letter addressed by William Cooke, Esq., to the legislature of Maryland, dated, , and which being directed by them to be placed on their journals, has so far received the sanction of that honourable body. On perusal of this document, your excellency will immediately perceive that the act of the legislature of Virginia is wholly incompetent to meet the discussion intended by the legislature of Maryland, and in fact that no measures can be adopted to ascertain the western boundary between the states, until it shall be first determined whether the North or South Branch is the main branch of the river Patowmack, which in effect will decide the southern boundary. No steps can therefore be authorized by the executive of Maryland on the part of their commissioners, in cooperation with those of Virginia, acting under an authority so limited as in effect to predeter mine the principal point in controversy. No other alternative then remains for this executive but to report their proceedings to the legislature of Maryland, at their next session, confiding in the conciliatory expressions which your excellency has used on this occa sion, and trusting that no motives can ever exist on the part of either state to disturb that harmony that now so happily exists, and which an adherence to the principles of justice will not fail to augment to their mutual benefit. Should your excellency become possessed of any documents tending to elucidate this subject, and will furnish me with them, it will give me great satisfaction to lay them before the legislature of Maryland at their next session; and with , the most respectful consideration, I have the honour to be, your excellency's most ob't serv't, JOHN F. MERCER. 27 [No. 10.] Extract of a Message from Governor Mercer to the Legislature of Maryland. In Council, November 6, 1802. Gentlemen : In pursuance of the resolution authorizing the appointment of three commissioners on the part of this state, to meet such commissioners as might be named by the commonwealth of Virginia, to settle and adjust by mutual compact the western and southern boundaries of this state, and the dividing lines and boundaries of the respective states, we appointed Gabriel Duvall, John M'Dowell and Roger Nelson, Esqs., commissioners, and took the earliest opportunity of apprising the executive of Virginia of our proceedings under the said resolution. This subject was submitted to the consideration of the general assembly of Virginia, and the enclosed resolution, accompanying a letter from the governor of the commonwealth, will shew the result of the deliberations of that body and the impression under which they have acted. As the resolution of Virginia confined their commissioners to the adjust ment of the western boundary only of this state, and the fixing of that boundary appeared to us 'to depend on the previous ascertainment of the southern line, we deemed their authority too limited to effectuate the con templated object of the general assembly of Maryland, and of course con sidered a meeting of the commissioners altogether useless. In reply'to that part of the communication from the executive of Virginia, which stated that it was not known to the legislature of that commonwealth that any doubt existed relative to the southern boundary of this state, we enclosed copies of different letters that had passed between Governor Stone and Governor Brooke on this subject, and also a copy of one addressed by William Cooke, Esq., to the general assembly at November session 1796. Here our communication ceased, as we did not deem it proper for us to enter into the discussion of a question which had been referred by the assembly to a board of commissioners. We send enclosed the resolution of the legislature of Virginia, together with the correspondence of this execu tive with that of Virginia on this subject, which is marked No. 1. Council Chamber, Annapolis, Feb. 4, 1832. I certify that the above is truly extracted from a letter-book amongst the records of the executive department. ^ THOS. CULBRETH, Clerh of the Council. 28 [No. 11.] Mr. Mercer, from the committee, delivers to the Speaker the following report: {See proceedings House of Delegates, December Session, 1803, page 65.) The committee appointed to enquire whether any and what further meas ures are necessary and proper on the part of this state in order to establish the western boundary thereof, have referred to the resolution of Maryland, passed during the November session, 1801 ; they have also attentively pe rused the correspondence of the executive of this state with that of Virginia, and the resolution of the legislature of Virginia on this subject; from all which it appears evident, that the state of Virginia is not, at this time, dis posed to adopt any measures calculated to meet a discussion of the right of this state to the territory included between the North and South branch of Patowmack: Although the western boundary line of this state cannot be definitely settled until it shall be finally agreed between the two states which of these two branches ought to be deenied the main branch of the river, yet, as the committee are furnished with evidence satisfactory to them, that a source of the northern branch has been discovered some distance farther to the westward than that which has been hitherto reputed the corner south boundary of the state, which consequently, on a line running due north for more than thirty miles, till it intersects the Pennsylvania line, might add considerably, not only to the jurisdiction, but alsb to, the property of the state, and it being understood that considerable portion of these lands, which falls between the present and expected lines of intersection, has remained unlocated, from the uncertainty of the boundary, and as the state of Vir ginia, by their resolution above referred to, appears to be willing and prompt to adopt the necessary measures to enable this state to secure that portion of her claims ; your committee have prepared and submit the following reso lution : Resolved, That the governor and council be and they are hereby author ized and required to adopt the measures necessary to carry into effect, as soon as may be, in concert with the state of Virginia, the resolution of 'the legislature of this state, passed during the November session 1801, so far as the same can be effected conformably with the resolution of the legislature of Virginia of the 26th day of January, 1802, by causing to be run by com-, missioners, as herein proposed, a line from the western source of the North Branch of Patowmack due north, till it intersects the Pennsylvania line which line, when agreed upon, run and marked, by and under the authority of the said commissioners, shall be considered and held as the western boundary line between this state and the state of Virginia, until further and defimtive measures shall be taken to ascertain the southern boundary of this state. By order. D. C. HOPPER, Clk. 29 [No. 12.] Resolutions of the General Assembly of Maryland of November Session, 1810, in relation to the western and southern lines and boundaries of the state of Maryland.Resolved, That the governor and council be, and they are hereby author ized, to appoint three commissioners on the part of this state, to meet such commissioners as may be appointed for the same purpose by the common wealth of Virginia, to settle and adjust, by mutual compact between the two governments, the western limits of this state, and the dividing line and boundary between this state and the said commonwealth ; and also to settle and adjust, as aforesaid, any claim of this state or the said commonwealth to territory within the limits of the other ; and the commissioners appointed as aforesaid are required to report their proceedings, in virtue of their ap pointment and authority, to the general assembly of this state, at their next session after the same shall have been concluded, for confirmation or rejec tion. Resolved, That the governor of this state be requested to transmit, with out delay, to the governor of Virginia, a copy of the foregoing resolution, in order to its being laid before the legislature of that commonwealth, and at the same time to communicate the wish of this general assembly, that a similar resolution may be passed by the general assembly of Virginia. [No. 13.] Governor Stevens' Communication to the House of Delegates. In Council, January 19, 1825. To the honourable the Speaker of the House of Delegates : Sir,— In compliance with an order of the house of delegates of the 15th instant, relative to proceedings under the law of 1818, chapter 266, pro viding for the adjustment of the western boundary line of this state, we have the honor to inform you that it appears from the records of this de partment that a communication was made to the legislature on the 9th day of December, 1822, by my predecessor in office, giving certain information upon the subject, to which we beg leave to refer you. It becomes our duty, in further compliance with your order, to communi cate the painful intelligence of the great loss the state has suffered by the death of two of her most esteemed and eminent citizens— the late General William H. Winder, one of the commissioners originally appointed, and the 30 late Chancellor Johnson, who was appointed to fill the vacancy occasioned by his death. Upon the occurrence of this second vacancy, Reverdy John son, Esq., was appointed to supply the place. The governor and councd are not in possession of any official information in relation to the progress made by the commissioners in carrying the object of their appointment into eflect, not having received any official report from them ; but they are verbally in formed by two of the commissioners, now in this city, that their report will be speedily made to the legislature, agreeably to the directions of the law. No correspondence has been had by the executive of this state with the executive of the state of Virginia, since the communication from this depart ment before referred to, except what relates to the appointment of commis sioners on the part of the respective states, the time and place of their meeting, &c. We have the honor to be, with great respect, Your obedient servant, SAMUEL STEVENS. [No. 14.J The commissioners on the part of Maryland to the commissioners on the part of Virginia. Smith's Tavern, August 7, 1824. Gentlemen : In the conference which we had the honor to hold with you on the fourth instant, it was stated by us that we should feel authorized by our commission to ascertain the point which might correctly be termed the western source of the North Branch of the Potomac ; and to commence the divisional line between the states of Maryland and Virginia from that source. We had also the honor to inquire of you whether, by the commis sion under which you act, you considered yourselves authorized * . y^ ¦^f ^c — TTT-".^ t-y-^ - 1- J f' »i J .V,A5J-'->S' ^ ' r ^ »- f' J . t 1 ' ; 1 \ '^ .H* fijS'W^t J,>S^#(r'V»at, , f ^'- -tit ^, , w*' I'^'r ^^-i^^Mlm *'^>/A: <-':*-, i^f^*-^