USA > Tennessee > Williamson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 19
USA > Tennessee > Maury County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 19
USA > Tennessee > Rutherford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 19
USA > Tennessee > Wilson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 19
USA > Tennessee > Bedford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 19
USA > Tennessee > Marshall County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 19
USA > Tennessee > History of Tennessee from the earliest time to the present , together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, besides a valuable fund of notes, original observations, reminiscences, etc., etc. V. 1 > Part 19
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of Charles II, so far as it pertains to this famous line, is as follows: " All the province, etc., in America, extending north and eastward as far as the north end of Currituck River or inlet, upon a straight westerly line to Wyonoak Creek. which lies within or about thirty-six degrees and thirty minutes northern latitude, and so west on a direct line at far as the South Seas." North Carolina was called " Our County of Albemarle," in Caro- lina until about 1700, when it began to be called the Colony of North Carolina. The boundary line between North Carolina and Virginia soon began to be the source of considerable altercation between the two colonies, for the reason that the grant of Charles I overlapped the grant of his grandfather, James I. That this altercation was not fol- lowed by strife and bloodshed was due in part to the necessity of mutual aid and defense during the protracted struggle preceding and during the Revolution. But notwithstanding the forbearance thus caused and mani- fested is was necessary to locate this unlocated boundary line, for Vir- ginians were continually claiming lands south of the proper line, under what they supposed to be titles from the Crown, and North Carolinians were as continually entering lands to the north of the proper limits under warrants from the lord proprietors of Carolina.
The London Company had been dissolved by James I, and when this dissolution occurred Virginia became a royal province; hence the settle- ment of the boundary line between Virginia and Carolina devolved upon the Crown and the lord proprietors. Early in 1710 commissioners representing the Crown of England, met similar commissioners represent- ing the lord proprietors, having for their object the settlement of this vexed question. But upon attempting to fix upon a starting point, they failed to agree by a difference of about fifteen miles; hence they separa- ted without having accomplished anything. Against the Carolina com- missioners serious charges were made. On the 1st of March, 1710, an order of council was issued, from which the following is extracted: " The commissioners of Carolina are both persons engaged in interest to obstruct the settling of the boundaries; for one of them has been for sey- eral years surveyor general of Carolina, and has acquired great profit to himself by surveying lands within the controverted bounds, and has taken up several tracts of land in his own name. The other of them is at this time surveyor general, and hath the same prospect of advantage by making future surveys within the same bounds." The conclusion of the order is as follows: "Her Majesty, in Council, is pleased to order as it is hereby ordered, the Right Honorable, the Lord Commissioners for Trade and Plantations, do signify her Majesty's pleasure herein to her Majesty's Governor or Commander-in-chief of Virginia for the time
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being, and to all persons to whom it may belong, as is proposed by their Lordships in said representation, and the Right Honorable, the Lord Proprietors of Carolina are to do what on their part does appertain."
In January, 1711, commissioners appointed by both the governors of North Carolina and Virginia again attempted to settle the question, but failed to complete their task for want of money. Great inconvenience to the settlers was the result of this protracted controversy, and a remedy was sought in an act, the preamble of which was as follows:
WHEREAS, great suit, debate and controversy hath heretofore been, and may hereafter arise by means of ancient titles to lands derived from grants and patents by the governor of Virginia, the condition of which patents has not been performed, nor quit-rents paid, or the lands have been deserted by the first patentees or from or by reason of former en- tries or patents or grants in this government, etc., and for the prevention of the recur- rence of such troubles, and for quieting men's estates an act was passed.
In obedience to the above quoted order of the Queen an agreement was entered into between the two governors, Charles Eden and Alexan- der Spottswood, which was transmitted to England for the approbation of the King. This agreement was approved by the King in council, and also by the lord proprietors and returned to the governors to be exe- cuted. The agreement or "convention," as Haywood calls it, was as follows: "That from the mouth of Currituck River, or Inlet, setting the compass on the north shore thereof, a due west line shall be run and fairly marked, and if it happen to cut Chowan River between the mouth of Nottaway River and Wiccacon Creek, then the same direct course shall be continued toward the mountains, and be ever deemed the divid- ing line between Virginia and North Carolina. But if the said west line cuts Chowan River to the southward of Wiccacon Creek. then from that point of intersection the bounds shall be allowed to continue up the mid- dle of the Chowan River to the middle of the entrance into said Wicca- con Creek, and from thence a due west line shall divide the two govern- ments. That if said west line cuts Blackwater River to the northward of Nottaway River, then from the point of intersection the bounds shall be allowed to be continued down the middle of said Blackwater River to the middle of the entrance into said Nottaway River, and from thence a due west line shall divide the two governments, etc."
Commissioners were appointed to carry this agreement or convention into effect, in accordance with following order: "At the court of St. James, the 28th day of March, 1727. Present the King's Most Excel- lent Majesty in Council. His Majesty is hereupon pleased
with the advice of his Privy Council to approve the said Proposals, * * and to order, as it is hereby ordered, that the Governor or Commander-in-chief of our Colony in Virginia do settle the said bound-
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aries in conjunction with the Governor of North Carolina, agreeable to said Proposals." The royal commission, so far as it regards Virginia. was in part as follows: "George II, by the Grace of God of Great Brit- ain, France and Ireland, King, Defender of the Faith, to our well- beloved William Byrd, Richard Fitz William and William Dandridge, Esqrs., members of our Council of the Colony and Dominion of Virginia, Greeting." This commission was dated December 14, 1727. The Caro- lina commission was dated February 21, 1728, and as that colony was under the government of the lord proprietors, the commission runs in their name: "Sir Richard Everard, Baronet, Governor, Captain, General and Commander-in-chief of the said Province: To Christopher Gale, Esqr., Chief Justice; John Lovick, Esqr., Secretary; Edward Mosely, Esqr., Surveyor General, and William Little, Esqr., Attorney General, Greeting: I, therefore, reposing especial confidence in you *
* to be Commissioners on the part of the true and absolute Lord Proprietors."
The commissioners thus appointed met at Currituck Inlet March 6. 1728, and after some disputes placed a cedar post on the north shore of Currituck Inlet, as their starting point. This point was found to be in north latitude thirty-six degrees and thirty-one minutes, and at that point the variation of the compass was found to be very nearly three de- grees, one minute and two seconds west, Allowing for this variation they ran, as they supposed, a due west line, passing through the Dismal Swamp, and acquired, as Col. Byrd expresses it, "immortal reputation by being the first of mankind that ever ventured through the Dismal Swamp." Upon arriving at Buzzard Creek about 169 miles westward from the Atlantic coast, the Carolina commissioners abandoned the work, October 5, 1728. Mr. FitzWilliam also abandoned the work at the same time. Col. Byrd and Mr. Dandridge continued the line to a point on Peter's Creek, a tributary of Dan River, near the Saura Towns, 241 miles and 30 poles from the coast, and there marked the termination of their work on a red oak tree, October 26, 1728. Col. Byrd wrote a delightful work entitled: "The History of the Dividing Line," in which he records his disappointment at finding that the people along the border were de- sirous of falling on the Carolina side of the line, and though disgusted and indignant, as well as disappointed, at this preference of the people. yet true to the generosity of his nature, he favored their wishes as far as his instructions would permit, and located the line about one mile north of thirty-six degrees and thirty-one minutes. In his history he says: "We constantly found the borderers laid it to heart, if their land was taken into Virginia. They chose much rather to belong to Carolina,
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where they pay no tribute to God or Cæsar." Col. Byrd closes his nar- rative in the following language: "Nor can we by any means reproach ourselves of having put the Crown to any exorbitant expense in this difficult affair, the whole charge from beginning to end amounting to no more than £1,000. But let no one concerned in this painful Expedition complain of the scantiness of his pay, so long as his Majesty has been graciously pleased to add to our reward the Honour of his Royal appro- bation, and to declare, notwithstanding the Desertion of the Carolina Commissioners, that the line by us run shall hereafter stand as the true Boundary betwixt the Governments of Virginia and North Carolina."
The next step in the history of this line was taken in 1749, when it was extended westward from Peter's Creek, where Col. Byrd terminated his labors, to a point on Steep Rock Creek, a distance of eighty-eight miles, in all 329 miles from the coast. In this extension the commis- sioners on the part of Virginia were Joshua Fry, professor of mathe- matics in William and Mary College, and Peter Jefferson, father of Thomas Jefferson, afterward President of the United States; and on the part of North Carolina they were Daniel Weldon and William Churton.
The line thus extended by these last commissioners was satisfactory, and remained the boundary between North Carolina and Virginia; and as by the treaty of Paris in 1763, the Mississippi River was fixed upon as the western boundary of North Carolina, it was hoped that that and the northern boundary line were established-the latter at thirty-six de- grees and thirty minutes. In 1779, urged by the necessities of the western settlements, the Legislatures of Virginia and North Carolina appointed a joint commission to extend the line westward between their respective territories. The commissioners on the part of North Carolina were Col. Richard Henderson and William B. Smith; and on the part of Virginia, Dr. Thomas Walker and Daniel Smith. These commissioners were instructed to begin the extension of the line where Fry and Jeffer- son, and Weldon and Churton ended their work; and if that were found to be truly in latitude thirty-six degrees and thirty minutes north, then to run due west from that point to the Tennessee or the Ohio River. If that point were found not to be truly in said latitude, then to run from the said place due north or due south into the said latitude and thence due west to the said Tennessee or Ohio River, correcting said course at due intervals by astronomical observations.
The commissioners met early in September, 1779, but failed to find the point on Steep Rock Creek where Fry and Jefferson, and Weldon and Churton ended their line. The point of observation chosen, according to memoranda of agreement entered on the books of both parties, was in
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north latitude thirty-six degrees, thirty-one minutes and twenty-five seconds, and in west longitude eighty-one degrees and twelve minutes. From this point they ran due south one mile, to a point supposed to be in latitude thirty-six degrees and thirty minutes. From this point they ran a line, as they supposed, due west about forty-five miles, to Carter's Valley, when a disagreement occurred, and the two commissions separated. Each commission then ran a line independent of the other as far west as the Cumberland Mountain, the two lines being parallel with each other, and about two miles apart. The line run by the North Carolina commis- sioners, generally known as Henderson's line, was north of that run by the Virginia commissioners, likewise generally known as Walker's line. At the Cumberland Mountain the - North Carolina commissioners aban- doned their work after sending in a protest against Walker's line. The Virginia commissioners continued with their line to the Tennessee River, leaving, however, an unsurveyed gap from Deer Fork to the east crossing of Cumberland River, a distance estimated by them to be one hundred and nine miles. Although not authorized to do so, the commissioners marked the termination of this line on the Mississippi River, but did not survey the intervening distance. The total length of the line thus far surveyed was as follows: Bryd's line, 241 miles; Fry and Jefferson's line, 88 miles; Walker's line-from Steep Rock Creek to Deer Fork -- 1233 miles, unsurveyed line (estimated) 109 miles; from the east to the west crossing of the Cumberland, 131 miles; and from the Cumberland to the Tennessee River, 91 miles; total distance from the Atlantic Ocean to the Tennesse River, 702 miles. The commissioners were at Deer Fork November 22, 1779; at the east crossing of the Cumberland February 25, 1780; and at the Tennessee River March 23, following.
Considerable disorder followed the running of these two lines, as be- tween them the authority of neither State was established; the validity of process from neither State was acknowledged; entries for lands tween the lines were made in both States; and both States issued grants for the said lands. Crimes committed on this disputed territory could not be punished, and while no immediate action was taken by the two States, yet such a condition of society between them could not be long en- dured, especially as by concert of action a remedy could be applied. Upon this subject the Governor of Virginia addressed a letter to the Legisla- ture of North Carolina, proposing that the line commonly called Walker's line be established as the boundary between the States; and that if that proposition were not satisfactory, they then would appoint commissioners to meet commissioners to be appointed by North Carolina, empowered to confer on the propriety of establishing either Walker's or Henderson's
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line, and to report the result of their conference to the Legislatures of their respective States. This letter was referred by the Legislature of North Carolina to a committee of which Gen. Thomas Person was chair- man, at its session commencing November 2, and ending December 22, 1789. The committee reported through Gen. Person in favor of the pas- sage of a law confirming and establishing Walker's line as the boundary be- tween the two States. Doubts arising as to the formality and sufficiency of this action of the Legislature, a second report was made by the Carolina committee on boundaries, of which Gen. Person was again chairman, again recommending the confirming of Walker's line as the boundary line. This report was read and concurred in December 11, 1790, by both the House of Commons and the Senate. Learning of this action on the part of North Carolina, the Legislature of Virginia passed an act on the 7th of December, 1791, declaring "That the line commonly called and known by the name of Walker's line shall be, and the same is hereby declared to be the boundary line of this State." Thus the boundary line, which had so long been in controversy, was regarded by both States as being finally settled.
With reference to the direction of the line run by Mr. Walker and Mr. Smith it may here be stated that in consequence of failure to make due allowance for the variation of the needle, this line continuously de- flected toward the north. This deflection was caused either by the im- perfection of their instruments or by the failure of the commissioners to test their work by a sufficient number of observations. Upon reaching the Tennessee River Walker's line was more than twelve miles too far north in a direct line, being near latitude thirty-six degrees and forty minutes, and where it first touched the State of Tennessee it was near latitude thirty-six degrees and thirty-four minutes.
With respect to the date of the first resolution confirming Walker's line, it should here be noted that it was adopted practically on the 2d of November, 1789, as under the law of North Carolina all acts related to the first day of the session, and the act ceding the Western Terri- tory to the United States was passed at the same session of the Legisla- ture, and thus, therefore, on the same day. ' The deed executed to Con- gress, in pursuance of the cession act, was dated February 25, 1790, and was accepted April 2, 1790. The second resolution confirmatory of Walker's line was passed December 11, 1790.
In 1792 William Blount, territorial governor of Tennessee, insisted that the first resolution of the Carolina Legislature, referred to above, was not a legal confirmation of Walker's line, and that the second reso- lution adopted December 11, 1790, having been passed many months.
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after the acceptance by Congress of the cession of the Western Terri- tory, was invalid as to the United States, of which Tennessee was then a Territory. Gov. Blount also urged that for ten years previous to the cession North Carolina had exercised jurisdiction to Henderson's line. and announced his intention of maintaining that jurisdiction. A proc- lamation was issued by Gov. Blount asserting jurisdiction to Hender- son's line, and a counter proclamation was issued by Gov. Lee, of Vir- ginia, asserting jurisdiction to Walker's line. Matters remained in this rather hostile shape until 1801, when a joint commission was appointed to determine the true boundary line.
The Legislature of Tennessee passed an act appointing Moses Fisk, Gen. John Sevier and Gen. George Rutledge her commissioners to meet commissioners appointed by Virginia to take the latitude and run the line. Virginia appointed Joseph Martin, Creed Taylor and Peter John- som. This commission met at Cumberland Gap December 18, 1802, and failing to agree in the result of their astronomical observations, entered into an agreement, which they reduced to writing, signed and sealed, and ran the line in accordance therewith parallel to the two lines in dispute and about midway between them, and about one mile from each. The agreement of the commissioners and the certificate of the surveyors" who ran the line are as follows:
The commissioners for ascertaining and adjusting the boundary line between the two States of Virginia and Tennessee, appointed pursuant to the public authority on the part of each, have met at the place previously appointed for the purpose, and not uniting from the general result of their astronomical observations to establish either of the former lines called Walker's or Henderson's, unanimously agree, in order to end the controversy respecting the subject, to run a due west line equally distant from both, beginning on the summit of the mountain generally known by the name of White Top Mountain, where the northwest corner of Tennessee terminates, to the top of the Cumberland Mountain, where the southwestern corner of Virginia terminates, which is declared hereby to be the true boundary line between the two States, and has been accordingly run by Brice Martin and Nathan B. Markland, the surveyors duly appointed for the purpose, and marked under the direction of the said commissioners, as will more at large appear by the report of the said surveyors hereto annexed, and bearing date herewith. The commissioners do, therefore, unanimously agree to recommend to their respective States that individuals having claims or titles to lands on either side of the said line as now affixed and agreed upon and between the lines aforesaid, shall not in consequence thereof in any wise be prejudiced or affected thereby, and that the Legislatures of their respective States should pass mutual laws to render all such claims or titles secure to the owners thereof.
Given under our hands and seals at William Robertson's, near Cumberland Gap, the 8th day of December, 1802.
The certificate of the surveyors that they had run the line as above described was dated on the same day, and signed by both. This agree- ment and the line run in accordance therewith were confirmed by the Legislatures of both States, by Tennessee November 3, 1803, and by
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Virginia in the same year, and the boundary between Virginia and Ten- nessee was thus finally established by a compromise. Although subse- quent negotiations have occurred, no change has been made, but in 1859 the line was re-marked by Samuel Milligan and George R. McClellan, commissioners for Tennessee, and Leonidas Baugh and James C. Black, commissioners for Virginia.
While this compromise line midway between Walker's and Hender- son's lines became the established boundary between Tennessee and Vir- ginia, the boundary between Tennessee and Kentucky was Walker's line. In the first Carolina resolution confirming the Walker line, the follow- ing language was used: "Mr. Walker and the other commissioners from Virginia extended the line to the Tennessee River and marked its termi- nation on the Mississippi from observations, leaving the line from the Tennessee to that place unsurveyed." The second resolution reaffirmed the first, and the Legislatures of both States ratified the action of the commissioners, thus clearly extending the line to the Mississippi River. But the action of Tennessee under Gov. Blount, above explained, repudi- ating the Carolina and Virginia compact, was seized upon by Kentucky in later years to reopen the boundary question as between her and Ten- nessee. As stated above Kentucky discovered that Walker's line was several miles north of thirty-six degrees and thirty minutes; the parallel upon which it was designed to be run, and was desirous of readjusting the boundary on that parallel. The logic of her argument in favor of this was irresistible: "Since by your own showing the confirmation of Walk- er's line by Virginia and North Carolina is invalid as to us, then we have no dividing line except the imaginary one of thirty-six degrees and thirty minutes. Let us move down south and locate it."
In 1813 Kentucky passed an act in the preamble to which she inti- mates her impatience at the continuance of the struggle, and her deter- mination to find some effectual means of settling it: "Whereas Tennes- see proposes to depart from the true line of separation * * * to be ascertained by correct and scientific observations, etc., the disa- greeable necessity is imposed upon Kentucky of having the long-con- tested question finally settled by the means pointed out by the Constitu- tion of the United States." The next step taken by Tennessee was No- vember 17, 1815, when an act was passed to which the following is the preamble:
WHEREAS, Some difficulty has existed between the State of Kentucky and this State, and whereas it is essential to the harmony and interest of both States that the line com- monly called Walker's line heretofore considered and acted on as the boundary between them should be established as the boundary between the two States, therefore be it cu-
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acted that the line commonly called Walker's line be, and the same is hereby established and confirmed as the true boundary between the States of Kentucky and Tennessee."
* * * * *
SEC. 5. Be it enacted that if the Legislature of Kentucky shall refuse to pass such an act as the above, then this act shall cease to be in force, etc.
In response to this proposition on the part of Tennessee, Kentucky passed an act on the 10th of February, 1816, in which she declines to accept the line proposed, but offers to adopt "Walker's line so far as it was originally run and marked, to wit: From a point near the mouth of Obed's, alias Obey's River to the Tennessee River, as the true jurisdictional line between this State and the State of Tennessee, and as to the residue of the line between the two States, the following shall be adopted as the true position thereof: At the eastern extremity of Walker's line near the mouth of Obed's River aforesaid, a line shall be run at right angles either north or south, as the case may require, till it reaches the true chartered limits of the two States in the latitude of thirty-six degrees and thirty minutes north, and from that point the line shall be extended to the east, still keeping the same latitude till it reaches the eastern boundary of this State; and at the west extremity of Walker's line, to wit, the Ten- nessee River, a line shall be extended up or down the said river as the case may require till it reaches the true chartered latitude thirty-six de- grees and thirty minutes north, and from that point the line shall be ex- tended due west, still keeping the same latitude till it reaches the Missis- sippi River."
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