History of southwest Virginia, 1746-1786, Washington County, 1777-1870, Part 62

Author: Summers, Lewis Preston, 1868-1943
Publication date: 1903
Publisher: Richmond, Va. : J.L. Hill Printing Company
Number of Pages: 936


USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 62


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"In 1729, the Commissioners. Thomas Walker and Daniel Smith, on the part of Virginia, and Richard Henderson and


*Journal House of Delegates, 1781.


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Southwest Virginia, 1746-1786.


James Smith on the part of North Carolina, met at the place where Fry and Jefferson left off, and, after spending many days in making observations, agreed to continue Fry and Jefferson's line as the true, or at least nearest the true latitude. Both parties pro- ceeded amicably about 40 miles, until they crossed the north fork of Holston, near the Great Island. By this time the Pilots and Hunters gave it as their opinion that both Cumberland Gap and the settlement on Cumberland River, at the French Lick, would both fall into Virginia. A halt was made and several days passed in making observations, debating, and even abusing one another. Henderson said the line must be run crooked, and insisted on de- lay until a parallel at two miles distant, north of the line then run, should be extended eastward back, which would prove whether the surveyors had lost the latitude and run the line crooked. To this Dr. Walker assented, that if the line was found crooked he would rectify it. The surveyors ran back accordingly, accom- panied by two commissioners, and the line was found equi-distant in all parts that was tryed. It was then acknowledged that the error did not proceed from the surveyors. Notwithstanding which, Henderson proceeded westwardly on the north line and Walker on that of the South, it being a due west direction from Steep Rock. The Commissioners, when they reached Cumberland mountain again, had a meeting and spent many days in taking observations. At length Walker proceeded on over the mountain with his line, without being accompanied by Henderson, spent the winter in the woods and, the next spring, continued the line to the Missis- sippi. The Carolina Commissioners left off at Cumberland Moun- tain, and when they found that the boundary run by Dr. Walker left the French Lick upwards of twenty miles to the South, they seemed well satisfied, and it was generally thought that Dr. Wal- ker's report would be agreed to and signed by both parties. But, from what motive I know not, yet Henderson returned his works as run only to the Cumberland Mountain to the Executive of North Carolina. And I have been told that the papers have since lain dormant, no opinion having been given one way or the other.


"The People settled between those lines have ever since adhered to either State, as Interest, caprice and sometimes very unworthy motives dictated. Although the public authority seems, in the


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Washington County, 1777-1870.


first instance, to be blamable, yet the evil amongst the people is increasing, and prudence points out delay as improper."


In the meantime Daniel Smith had appeared before the General Assembly of North Carolina and represented to that body the true situation of affairs in the disputed territory, and, as a result, the committee to whom the communication from the Virginia authorities had been referred, reported to the General Assembly of North Carolina at their session in the fall of the year 1789, which report is as follows :


REPORT


Of the Committee of the Legislature of North Carolina, on Wal- ker's Line, at their session at Fayetteville, which began on


the 2nd. of November and ended on the 22nd. of De- cember, 1789.


Mr. Person, from the committee to whom was referred the let- ter from his Excellency, the Governor of Virginia, on the subject of establishing the boundaries between this State and Virginia, reported that it is proposed on the part of Virginia that the line commonly called Walker's line be established as the boundary be- tween us. Should this proposal not be acceptable to this State, they then will appoint commissioners to meet any persons who may be appointed on the part of North Carolina, empowered to confer on the propriety of establishing Walker's or Henderson's line, and to report to the Legislature of their respective State their proceedings.


On examining the manner in which those lines were run by the commissioners in the year 1280, they find that the commissioners began and extended the line together about forty miles, when some difference took place and the commissioners on the part of this State ran a parallel line two miles north of the other line, for about half the distance, and extended the line no farther. Mr. Walker and the other commissioners from Virginia extended the line to the Tennessee river and marked its termination on the Mississippi by observations, leaving the line from the Tennessee to that place unsurveyed.


As the difference between said lines would be only two miles. running most of the distance through a mountainous, barren coun- try, and as they have great reason to believe, from the information


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Southwest Virginia, 1746-1786.


of General Smith, that the commonly called Walker's line is the true line, your committee are of the opinion that the object is not worth the expense of sending commissioners to confer on the propriety of establishing Henderson's line in preference to that of any other and do recommend that a law be passed confirming and establishing the line usually called Walker's line as the boundary between this State and the State of Virginia, with a reservation in favor of the oldest grants from either State in deciding the rights of individual claimants in the tract of country between the two lines commonly called Henderson's and Walker's lines.


This report was not definitely acted upon until the 11th of De- cember, 1790, upon which day an Act was passed establishing Wal- ker's line as the boundary line between the States, which action of the General Assembly of North Carolina was immediately com- municated to the Governor of Virginia at the fall session, 1791, of the General Assembly of Virginia, and on the 7th day of De- cember the following action was taken by the General Assembly of Virginia :


§ 1. Whereas, official information hath been received by the General Assembly that the Legislature of the State of North Carolina have resolved to establish the line as the boundary line between North Carolina and this Commonwealth, and it is judged expedient to confirm and establish the said line on the part of this State, be it therefore enacted by the General Assembly, 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.


§ 2. And be it further enacted, That in all courts of law and equity within this Commonwealth, the claims for lands lying be- tween the line commonly called Walker's line and the line com- monly called Henderson's line shall be decided in favor of the oldest title, whether derived from this Commonwealth or from the State of North Carolina.


In the meantime the State of North Carolina, through her sena- tors in the Congress of the United States, had conveyed and ceded to the United States of America all of her western possessions, in- cluding the territory affected by the disputed line and which ces- sion was accepted by the Congress of the United States on the 7th day of April, 1790.


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Washington County, 1777-1870.


As a result, the authorities of the southwest territory, now in- cluded in the State of Tennessee, denied the right of North Caro- lina to act in the premises, and held the action taken to be invalid, and asserted their right to the territory lying between the Walker and Henderson lines.


In the spring of the year 1292. the Governor of Virginia, by proclamation, asserted the authority of this Commonwealth to the lands in dispute, and directed Colonel Arthur Campbell, the county lieutenant of this county, to transmit a copy of the law and proclamation to William Blount, the Governor of the south- west territory, and to Gilbert Christian, the county lieutenant of Sullivan county.


Pursuant to the direction of the Governor, Colonel Campbell, on the 7th of June, 1792, addressed the following letter to Gov- ernor Blount :


"Sir,-I enclose you a copy of a law, with a proclamation of the Governor of Virginia, by the same conveyance. I am instructed to exercise the authority of the State to the boundary, usually called Walker's line. In this business, it is the wish of the Execu- tive that the subordinate officers conduct themselves in an amica- ble manner to the inhabitants over which North Carolina for- merly exercised Jurisdiction, and with due respect to the authority of the Government south of the River Ohio; these orders are per- fectly consonant to my own feelings and sentiments. Therefore, Sir, if you have any objections to make to the change taking place, or anything to ask in favor of the people, it will be respectfully attended to by me and immediately reported to the Governor of Virginia.


"I am Sir, Your most Ob't Serv't,


"A. CAMPBELL."


At the same time Colonel Campbell addressed a letter to Gil- bert Christian asking information as to the orders given by Gov- ernor Blount as to the disputed territory, and in reply received the following letter from Gilbert Christian :


"Dear Sir,-Some days past I received a letter from you, re- questing me to inform you whether Governor Blount had given special orders to me to draft between Walker's and Henderson's lines. Sir, my orders are to draft the men required from the County of Sullivan, which I conceived extends from Henderson's line


708


Southwest Virginia, 1746-1786.


from everything I have known or seen, respecting that matter for when the Assembly of North Carolina passed the cession Act, that part was claimed by North Carolina, but after they passed the s'd cession Act, and at the same Assembly they passed a resolve, giv- ing up that part to Virginia with a condition Congress would con- sent to it, which has never been done as I know of. I have seen a proclamation from the Governor of Virginia, informing the peo- ple in those bounds that the Assembly of North Carolina made such a Resolve, and at the next year's Assembly they appointed a com- mittee to confirm the s'd Resolve, which they did, But Congress had received the cession Act, before that several months, and appointed and commissioned Governor Blount to exercise his au- thority over the ceded territory. I cannot see what right North Carolina had to say anything about our territory, without our con- sent or the consent of Congress, for the Constitution says the peo- ple are not to be bound by law, but by their own consent, either by themselves or by their Representatives in General Assembly. So, Sir, I apprehend the State of Pennsylvania had as great a right to have confirmed the aforesaid Resolve as the State of North Carolina. If the Executive of your State had mentioned in the Proclamation a confirmation of the Resolve aforesaid by Congress, it might have been considered authentick, but as it is I cannot con- ceive it so."


Upon the receipt of this letter, Colonel Campbell enclosed the same to the Governor of Virginia, and addressed the following letter to the Governor :


"Sir,-The enclosed letter from the commanding officer of the militia of Sullivan county, seems to be an avowal of an opposition to an act of our Legislature, for establishing Walker's line as the boundary line to this State.


"That I conceive it my duty to forward it to your Excellency. About half of the inhabitants between the lines seem desirous to be governed by the laws of Virginia, but they complain of it as an oppression to be harassed by the authority of the Southwest Ter- ritory, and to pay obedience to the laws of this State at the same time."


The authorities of the Southwest Territory used every means possible to induce the people in the disputed territory to give their allegiance to the Southwest Territory. Governor Blount published


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Washington County, 1777-1870.


in the Knorrille Gazette, on the 10th of March, 1792, a communi- cation which purported to give the reasons why the people living in the disputed territory should be subject to the authority of the territory. The arguments used were exemption from the payment of taxes, local convenience and the accessibility of the seat of gov- ernment of the Southwest Territory.


The State of Tennessee was admitted into the Union on the 1st day of June, 1796, and the Constitution of the State adopted in the same year defines the boundaries of the State as follows :


"Beginning on the extreme height of the Stone mountain at the place where the line of Virginia intersects it in latitude thirty- six degrees and thirty minutes north, running thence along the extreme height of the said mountain to the place where Watauga River breaks through it; thence a direct course to the top of the Yellow mountain, where Bright's road crosses the same; thence along the ridge of said mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain : from thence along the extreme height of said mountain to the place where Nolichucky River runs through the same; thence to the top of Bald Mountain; thence along the ex- treme height of said mountain to the Painted Rock, on French Broad River; thence along the highest ridge of said mountain to the place where it is called the Great Iron or Smoky Mountain ; thence along the extreme height of said mountain to the place where it is called the Unicoi or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State, as described in the Act of session of North Carolina to the United States of America that all the territory, lands and waters lying west of said line, contained in the chartered limits of the State of North Carolina, are within the boundaries and limits of this State."


The boundaries of the State of Tennessee as fixed by the Con- stitution of 1796 were incorporated in the Constitutions of that State, adopted in the years 1834 and 1870.


It will thus be seen that the Constitution of the State of Tennes- see designates their northern line to be in thirty-six degrees and thirty minutes north latitude, when, in fact, the line now insisted


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Southwest Virginia, 1746-1786.


upon by that State is in latitude 36° 36' 00.94", or 6' 00.94" north of the true line.


Such was the condition of affairs at the beginning of the year 1800.


On the 10th of January, 1800, the General Assembly of Virginia adopted the following resolution :


"Resolved, That the Executive be authorized and requested to appoint three commissioners, whose duty it shall be to meet com- missioners to be appointed by the State of Tennessee, to settle and adjust all differences concerning the said boundary line, and to establish the one or the other of the said lines, as the case may be, or to run any other line which may be agreed on for settling the same; and that the Executive also be requested to transmit a copy of this resolution to the Executive authority of the State of Tennessee."


The General Assembly of the State of Tennessee, on November 13, 1801, adopted the following act :


1. Be it enacted by the General Assembly of the State of Tennes- see, That the Governor, for the time being, is hereby authorized and required, as soon as may be convenient after the passing of this act, to appoint three commissioners on the part of the State, one of whom shall be a mathematician capable of taking the lati- tude, who, when so appointed, are hereby authorized and em- powered, or a majority of them, to act in conjunction with such commissioners as are or may be appointed by the State of Vir- ginia, to settle and designate a true line between the aforesaid States.


2. Be it enacted, That there shall be appointed by the authority aforesaid one surveyor, who, together with the aforesaid commis- sioners, shall each receice five dollars per day as full compensation for their services and expenses whilst they are performing the duties enjoined in this act, and there shall also be chosen by the commissioners one suitable person as marker of the line afore- said, who shall receive two dollars per day in full discharge for his services and expenses.


And whereas, it may be difficult for this Legislature to ascer- tain with precision what powers ought of right to be delegated to the said commissioners ; therefore,


3. Be it enacted, That the governor is hereby authorized and re-


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Washington County, 1777-1870.


quired, from time to time, to issue such instructions to the com- missioners as he may deem proper for the purpose of carrying into effect the object intended by this act consistent with the true interest of the State.


4. Be it enacted, That said commissioners, as soon as may be, shall report in writing to the governor for the time being a true statement of all their proceedings relative to the running and establishing of the said line, whose duty it shall be to lay the same before the succeeding Legislature.


Pursuant to the authority thus conferred Peter Johnston, Joseph Martin and Creed Taylor were appointed commissioners upon the part of Virginia, and Moses Fisk, John Sevier and George Rutledge commissioners upon the part of Tennessee to ascertain and adjust the boundary line between the two States, while Brice Martin and Nathan B. Markland were appointed surveyors to run and mark the said line.


The commissioners thus appointed proceeded to the discharge of their duties and completed their labors at the house of William Robertson, near Cumberland Gap, on the 8th of December, 1802.


The commissioners and surveyors thereupon reported their action to the General Assembly of the States of Virginia and Tennessee. Their report was confirmed and the boundary line between the States established as reported by an act of the General Assembly of Virginia passed on the 22d of January, 1803, which act is as follows :


"1. Whereas the commissioners appointed to ascertain and ad- just the boundary line between this State and the State of Tennes- see in conformity to the resolution passed by the Legislature of this State for that purpose have proceeded to the execution of the said business, and made a report thereof in the words following, to-wit: "The commissioners for ascertaining and adjusting the boundary line between the States of Virginia and Tennessee, ap- pointed pursuant to public authority on the part of each, namely, General Joseph Martin, Creed Taylor and Peter Johnston, for the former, and Moses Fisk, General John Sevier and General George Rutledge, for the latter, having met at the place previously ap- pointed for that purpose and not uniting in the general results of their astronomical observations to establish either of the former lines, called Walker's and Henderson's, unanimously agreed, in


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Southwest Virginia, 1746-1786.


order to end all 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 moun- tain, where the northeastern corner of Tennessee terminates, to the top of the Cumberland mountain, where the southwestern corner of Virginia terminates, which is hereby declared to be the true boundary line between the said States, and has been accord- ingly run by Brice Martin and Nathan B. Markland, the sur- veyors duly appointed for that 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 equal date herewith.


"2. The Commissioners do further unanimously agree, to recom- mend to their respective States, that individuals having claims or titles to lands on either side of said line, as now fixed 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.


"3. And the said Commissioners do further unanimously agree to recommend to their States respectively, that reciprocal laws should be passed, confirming the acts of all public officers, whether Magistrates, Sheriffs, coroners, surveyors or constables, between the said lines, which would have been legal in either of said States had no difference of opinion existed about the true boundary line.


"4. This agreement shall be of no effect until ratified by the Legislatures of the States aforesaid, respectively, and until they shall pass mutual laws for the purpose aforesaid. Given under our hands and seals at William Robertson's, near Cumberland Gap, December the eighth, eighteen hundred and two.


"Joseph Martin (L. S.) "Moses Fisk (L. S.)


"John Sevier (L. S.) "Peter Johnston (L. S.)


"Creed Taylor (L. S.) "George Rutledge (L. S.)


5. And whereas Brice Martin and Nathan B. Markland, the surveyors duly appointed to run and mark the said line, have granted their certificate of the execution of their duties, which certificate is in the words following, to-wit: "The undersigned surveyors, having been duly appointed to run the boundary line between the States of Virginia and Tennessee, as directed by the


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commissioners for that purpose, have, agreeably to their orders, run the same, beginning on the summit of White Top Mountain, at the termination of the northeastern corner of the State of Tennessee, a due west course to the top of Cumberland mountain, where the southwestern corner of the State of Virginia terminates keeping at an equal distance from the line called Walker's and Henderson's, and have had the new line run as aforesaid marked with five chops in the form of a diamond, as directed by the said commissioners. Given under our hands and seals, this eighth day of December, eighteen hundred and two.


"B Martin, (L. S.). Nat. B. Markland, (L. S.)."


And it is deemed proper and expedient that the said boundary line so fixed and ascertained as aforesaid should be established and confirmed on the part of this Commonwealth.


"Be it therefore enacted by the General Assembly of the Com- monwealth of Virginia, That the said boundary line between this State and the State of Tennessee, as laid down, fixed and ascertained by the said commissioners above named, in their said report above recited, shall be, and is hereby fully and absolutely, to all intents and purposes whatsoever ratified, established and confirmed on the part of this Commonwealth, as the true, certain and real boundary line between the said States.


"2. All claims or titles to lands derived from the government of North Carolina or Tennessee, which said lands by the adjust- ment and establishment of the line aforesaid, have fallen into this State, shall remain as secure to the owners thereof as if derived from the government of Virginia, and shall not be in any wise prejudiced or affected in consequence of the establishment of the said line.


"S. The acts of all public officers, whether magistrates, sheriff's, coroners, surveyors or constables, heretofore done or performed in that portion of territory between the lines called Walker's and Henderson's lines, which has fallen into this State by the adjust- ment of the present line and which would have been legal if done or performed in the States of North Carolina or Tennessee, are hereby recognized and confirmed.


"9. This act shall commence and be in force, from after the passing of a like law on the part of the State of Tennessee."


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Southwest Virginia, 1746-1786.


The General Assembly of the State of Tennessee on November 3, 1803, adopted an act confirming the report of the commission- ers establishing the boundary line between the two States and confirming the title of all lands lying in the State of Tennessee granted by the Commonwealth of Virginia as fully as if said land had been granted by the State of Tennessee.


The act in question is identical with the act of the Virginia Assembly before given.


It was supposed that the boundary line thus established would forever settle this question, but by the year 1856 it seems that the old controversy was renewed, and in that year the General Assem- bly of Virginia passed an act appointing two commissioners to meet commissioners appointed by the State of Tennessee to again run and mark the boundary line between the States. The General Assembly of Tennessee did not take action in this matter until the first of March, 1858, on which day an act was passed au- thorizing the Governor of the State of Tennessee to appoint two commissioners to meet the commissioners appointed by the Com- monwealth of Virginia to re-run and mark the line of 1802, and said commissioners were directed to cause monuments of stone to be permanently planted on said line where there is now growing timber by which the line may be plainly marked, said stones to be planted at least one in every five miles.


The commissioners thus appointed were given full power and authority to re-run and mark the line of 1802, and it was made their duty to employ a field party to consist of one engineer, one surveyor, one back-sighter, one axe-man and such others as were necessary, the said engineer and surveyor to be well qualified to make said survey upon scientific principles, said commissioners to superintend the work.




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