USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 63
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The Governor of Virginia appointed James C. Black and Leonidas Baugh commissioners upon the part of Virginia, and the Governor of Tennessee appointed Samuel Milligan and George B. McClelland commissioners upon the part of Tennessee, to run and re-mark said line. The commissioners thus appointed began work on the 29th of September, 1858, and on the 3d of December, 1859, submitted their report to the executives of the State of Tennessee and the State of Virginia. Their report was in the following words and figures, to-wit:
715
Washington County, 1777-1870.
"To His Excellency the Governor of Virginia:
"In obedience to commissions respectively conferred upon us under an act of the legislature of the State of Virginia passed the 18th day of March, 1856, and an act of the legislature of the State of Tennessee, passed the 1st day of March, 1858, authorizing the executives of each of said States respectively to appoint com- missioners 'to again run and mark' the boundary line between the States of Virginia and Tennessee, we the undersigned com- missioners, proceeded to discharge the duties assigned us, and beg leave to submit the following as our joint action : Our first object was to determine the duty with which we were charged under the acts of both states, which we found to be substantially the same and both exceedingly vague and indefinite.
"But the manifest intention of the legislature of Virginia and Tennessee was, in our opinion, to ascertain and re-mark the com- promise line of 1802, but the laws evidently drafted without a knowledge of the facts as we found them to exist, imposed upon us obligations which it was practically impossible to comply with.
"We were required to begin the line 'on the summit of the mountain commonly known by the name of the White Top, where the northeastern corner of Tennessee terminates' and thence to run due west 'to the top of the Cumberland Mountain where the southwestern corner of Virginia ends.' This line, by the laws of Virginia and Tennessee, was declared to be on the parallel of 36 30' north latitude, and midway between Walker's and Hender- son's lines run in 1779.
"With these legal restraints upon us, after engaging the services of Professor Revel Keith, an experienced astronomer, and Charles S. Williams, a practical engineer, with an efficient field party, we, on the 29th day of September, 1858, repaired to the field, but ob- servation and experiment soon demonstrated the utter impractica- bility of a literal compliance with the requirements of the law.
"We began the experimental work at the town of Bristol, a small village situated on the compromise line of 1802, at a point where there was no controversy as to the locality of the line, and our first observation at that point showed the latitude to be 36° 36' nearly. which upon calculation we found to be a little over six statute miles north of the latitude contemplated by law. Further obser- vations and experiments all along the line furnished nearly similar
716
Southwest Virginia, 1746-1786.
results. In the region of the White Top mountain we met with still more insuperable difficulties to a strict compliance with the requirements of the law. The summit of this mountain, which is well defined and elevated above the surrounding mountains, we found to be about three miles, a northeast course from the termina- tion of the marked timber on the line; and at right angles with the parallel 36 30' north latitude, a little over eight miles north of said parallel. The northeastern corner of Tennessee was desig- nated by no monument, nor was there any evidence on the ground by which we could determine the corner or the beginning of the compromise line of 1802.
"The marks on the timber which were found throughout the whole line ceased on a spur of a dividing range of mountains that connects the Stone, Pond and White Top mountains called the 'Divide' from the fact that the waters flow from it both east and west, and about one mile from the summit of this dividing range.
"At the point where the marks on the line of 1802 terminate there is no marked corner or any change in appearance of the marks on the timber indicating a purpose to establish a corner or beginning point of the line, nor is there any marked timber between that point and the summit of the 'Divide,' although thickly wooded, except on the summit, where it appears to have been cleared twenty or twenty-five years ago and is now under cultivation.
"Under this perplexing state of facts we were neither able to comply strictly with the requirements of the law or definitely to settle the 'northeastern corner of Tennessee,' or to establish the beginning point of the line we were required to trace.
"The Virginia commissioners insisted that the line should be extended east from the end of the marked line on the little moun- tain south of the Denton Valley to the top of the 'Divide,' because it would be but a continuation of the line from Cumberland Gap, which is to that point about midway between Walker's and Hen- derson's lines, and because the existence of a cross line running south 22° west was not even known, or the line from the top of the little mountain westward to the river heretofore recognized as the boundary, or any part of it.
"And the Tennessee commissioners, that the northern line as connected by the cross line with the southern should be extended to the 'summit of the Divide,' and the northeastern corner of Tennes-
Washington County, 1777-1870.
see there established, because it is the only unbroken and con- tinuously marked line ascertained, and the summit of the 'Divide' presents the only natural monument that reasonably conforms to the commissioners' purpose to establish one at the end of the marks on the line. No conclusive agreement could be made, and we were compelled to leave the point of beginning an open ques- tion.
"After making these and various other experiments calculated to determine the character of the line and its offsets, and taking the latitude at different points between Bristol and White Top mountain, and also at Cumberland Gap in the fall of 1858, we found from the inclemency of the weather and the advanced season, that it would be manifestly to the interest of both States to suspend operations until the following summer, when the season would be more propitious for the progress of the work.
"On the 7th day of June, 1859, we again, with our 'Surveyor and field party,' assembled at Bristol, and after determining to re- trace and remark the compromise line of 1802, we resumed the work and accurately ran, re-marked and measured the old line of 1802 with all of its offsets and irregularities, as shown in the sur- veyor's report herein incorporated and on the accompanying map herewith submitted.
SURVEYOR'S REPORT.
To Leonidas Baugh and James C. Black, of Virginia, and Samuel Milligan and George B. McClelland, of Tennessee, commission- ers for running and re-marking the boundary line between their respective States :
Gentlemen,-Herewith I submit a map of the boundary line between the States of Virginia and Tennessee, as traced and re- marked by the field party in my charge under your direction.
After a thorough search through the country in the vicinity of the mountain "commonly known as White Top," the line marked by the commissioners of 1802 was found marked upon a northern spur of the ridge known as the "Divide."
This ridge divides the waters flowing into New River on the east from those flowing into Holston River on the west. The point where the line was found is about a mile northwestwardly from the residence of Mr. Wells Blevins, upon the "Divide" and about three miles southwesterly from the summit of White Top.
18
Southwest Virginia, 1746-1786.
Although diligent search was made, no trace of a line was found east of this point, neither, on the other hand, was there the least indication of a corner, the line being marked as elsewhere. Traced westerly to Denton's Valley the line varies, generally one and one-half (11/2) degrees north from a truly west course as found by astronomical observation. In Denton's valley an offset was found, the line bearing south 22 west (by the needle), for a dis- tance of 8,700 feet, to a point upon a high spur of the little moun- tain immediately west of Mill Creek. From the southern ter- minus of this offset the line runs upon a course very closely ap- proximating due west to a point in the eastern boundary line of the town of Bristol, where a small variation was found. The line was so adjusted, however, as to coincide with the central line of the main street of Bristol, the magnetic course being south 89° 40' west, and so continued to the west branch of Beaver Creek.
From Bristol west to Cumberland Gap, the line generally pre- serves a due west course, as determined by astronomical observa- tions, with the following exceptions :
1. On the farm of John Hickman, west of Bristol, the line varies to North 821/2 west (magnetic course), for a distance of 310 feet.
2. At the crossing of Wallen's ridge, where an offset of 1,457 feet occurs, which was connected by an oblique line, as shown on the map.
3. Near Cumberland Gap, where the direction of the line varies to north 88 west (magnetic course) for a distance of 6,922 feet.
The line was found plainly marked where the timber remained standing, was readily found through most of its course and is subject to minor deviations incidental to long compass lines, gen- erally, however, preserving a due west course.
The standing timber along the line was marked in five chops in the form of:
The total length of line as run and remeasured with a level chain is 113 miles.
Respectfully submitted. CHARLES S. WILLIAMS,
Surveyor Boundary Commissioner.
/19
Washington County, 1777-1870.
The territory in the form of a triangle, lying between the top of Little mountain and the red lines on the map in what is known as "Denton's Valley," has heretofore been recognized by the citi- zens residing therein as included in the State of Virginia, and the top of Little mountain is recognized as the boundary line. To this supposed boundary both States have heretofore exercised jurisdic- tion, and north of the summit of the mountain the citizens resid- ing in the triangle have derived their land titles from the State of Virginia ; they have there voted, been taxed, and exercised all the rights of citizens of that State. The line, though plainly marked from the top of Little mountain westward nearly to the river, and the cross line at Denton's Valley running south twenty-two west and connecting the north and south lines, seem not to have been recognized as the boundary line, the very existence even of the cross line being unknown until we discovered it; but it is also well defined and so distinctly marked as to leave no doubt that it was run and marked in 1802. With this single exception, the line as traced by us has been, as far as we are able to ascertain, recognized throughout its entire length for fifty-seven years as the true boun- dary line between the States of Virginia and Tennessee. The lati- tude, as marked on the map east of Bristol and at Cumberland Gap, was carefully determined by Professor Keith with a "zenith tran- sit" or transit instrument, the most modern and improved astro- nomical instrument now in use, and may be relied upon as per- fectly accurate, except at Bristol, and that was ascertained under disadvantageous circumstances, but it is believed to be nearly cor- rect. West of Bristol, except at Cumberland Gap, the latitude was determined by Lieutenant Francis T. Byan, of the corps of United States topographical engineers, with a "sextant," and may also be relied upon as correctly determined.
The line was traced with a "theodolite," and great care observed throughout correctly to ascertain its true bearing, offsets and ir- regularities. We found the old line marked with "five chops in the form of a diamond." and we varied ours by using only four chops, and placed them on the tree somewhat in the form of the letters wye: as shown in the surveyor's report. The fore and aft marks were placed truly on the line, and the side marks were placed respectively on that portion of the timber next the true line. Where we found no growing timber we caused monuments of stone
720
Southwest Virginia, 1746-1786.
to be erected, "firmly planted" one foot and a half in the ground and extending two and a half feet above the ground, well dressed and marked on the north side with the letter V, and the south side with the letter T, so that the line may be readily identified throughout its entire length.
At Cumberland Gap the line terminated on a chestnut oak on the summit of a mountain, at which there is also marked a monument of stone. At the eastern end of the line where the marked timber ceases we placed a monument of stone, but we put no inscription upon it, indicating that point to be the "northeastern corner of Tennessee" for the reason hereinbefore assigned. We deem it pro- per further to state that we have indicated on the map at different points the reputed locality of the Walker line, but we found no marked timber indicating its position, except at the western end of the line, which we have truly represented on the map. We saw no trace of the Henderson line at any point, and consequently were unable accurately to represent its position on the map. Its reputed position is represented on the map at a point near Bristol. We further beg leave to state that the general course of the line lies over a rough and mountainous country, almost inaccessible, es- pecially the eastern portion of it, and its survey was attended with an amount of labor and privation which we are sure no one can justly appreciate but those who have actually undergone them. But we felt justified in stating that we spared no pains or labor accurately to trace and mark the line, as well as to show the true state of facts that surround it, that the legislatures, both of Ten- nessee and Virginia, can act understandingly in ratifying or re- jecting it, as in their wisdom they may think right and proper. All of which is most respectfully submitted.
SAM MILLIGAN, GEORGE R. MCCLELLAN, Tennessee Commissioners.
LEONIDAS BAUGH, JAMES C. BLACK, Virginia Commissioners.
December 30, 1859.
This report was disapproved and rejected by the General As- sembly of Virginia on the 9th of March, 1860, and the Governor of the Commonwealth was authorized and directed to settle with
721
Washington County, 1777-1870.
Baugh and Black for services rendered, and to appoint one or more commissioners to run again and re-mark the line between Virginia and Tennessee in strict conformity with the compact of 1802.
The result of this effort to run and re-mark the line of 1802 having failed, the entire question was again open for discussion and controversy.
In the year 1869, the superintendent of the United States Coast Survey directed Richard B. Cutts to proceed to Bristol, with in- structions to observe the solar eclipse on August îth, and to con- nect the station at Bristol with one or more of the monuments which mark the boundary line in that vicinity. Pursuant to in- structions, Mr. Cutts proceeded to Bristol, and, after having dis- charged his duties, made the following report to his superior.
"WASHINGTON, D. C., "December 30th, 1869. "Prof'r. Benj'n Pierce, Sup't. U. S. Coast Survey:
"Sir,-In your letter of instructions to observe the Solar Eclipse of August ?th, at or near Bristol, Tenn., you also. directed me to comply, if practicable, with the request made by the President of Washington College, Virginia, to connect the station at Bristol, the position of which would be astronomically determined, with one or more of the monuments which mark the boundary line of the State of Virginia in that vicinity, so that the longitude and latitude thereof may be accurately known.
"Ascertaining soon after my arrival at Bristol that the connec- tion could be readily made, the work was undertaken and com- pleted without interfering with the regular duties assigned to the party. Signals, which were visible from the astronomical station, were erected on the boundary, or main street separating Goodson in Virginia from Bristol in Tennessee, and the connection effected by means of a measured base and triangulation. In view of the fact. however, that the signals, or monuments, were placed on a line which, though recognized as the boundary between Virginia and Tennessee, has not been, in the opinion of many, definitely set- tled as such, and as the results of the observations and triangula- tion, made under my direction, may be used as authority in the discussion of the question should it again arise, I beg leave to show the character of the operation by which the direction of the line, and the latitude and longitude of the monument were obtained,
722
Southwest Virginia, 1746-1786.
and to describe, by a short historic sketch hereto appended, the special line referred to, there having been three or more lines run by the interested parties at different periods.
"The instruments employed to determine the exact geographical position of the observatory on Lancaster Hill, Goodson, in connec- tion with the Eclipse of August 7th, were a Transit and Zenith Telescope, each mounted on a solid pier composed of brick and cement. The latitude was determined by 12 pairs of stars, and the longitude by the transmission of time signals to the Naval Ob- servatory at Washington, on three nights, the telegraph wires hav- ing been connected and placed at our disposal for that purpose. The observations to secure those results were made by Assistant A. T. Mosman during nine nights, between the 28th of July and the 7th of August.
"To connect the Zenith Telescope with the boundary, a base was measured and a triangulation executed, including two stations on the line recognized by the inhabitants as the boundary of 1802, and as specially pointed out by Thomas D. Walthall, Esq., of Bristol, an engineer and surveyor well informed on the subject.
"The azimuth of the line was derived from measurements made between Ursa Minor at its upper culmination and three of the principal triangle sides.
"Before leaving Bristol, it was understood that permanent monu- ments would be erected by the municipal authorities of Bristol and Goodson, at two points determined on the boundary. The piers on Lancaster Hill were placed, by letter, under the protection of the Mayor of Goodson.
"Upon examination of the charters, agreements and legislative enactments referring to the dividing line between Virginia on the one side and North Carolina and Tennessee on the other, as fully quoted and explained in the accompanying appendix, it will be ascertained that from the date of the second charter of King Charles II., in 1665, to the latest legislation in regard to its demarcation in 1860, the southern boundary of Virginia has been supposed to be situated, as it was in part directed to be traced, on the parallel of 36° 30'.
"The joint commission which was organized in 1779 was di- rected to start upon the parallel of 36 30', and to continue on that parallel to the Tennessee river. As the respective commissioners
723
Washington County, 1777-1870.
differed in the results of their observations, two lines were run, known as the Walker and Henderson lines, neither of which was correct. Finally as a kind of compromise and under the supposi- tion that the true line must certainly be between the two then in dispute, other commissioners were appointed in 1800, with full powers from Virginia and rather limited powers from Tennessee, and under the direction of this Joint Commission a supposed mid- dle line was then marked, which line was ratified, established and confirmed by Virginia on the 22d of January, 1803, and by Ten- nessee in the month of November following. This line is neither on the parallel of 36 30' nor midway between the Walker and Hen- derson Lines, and yet it must be recognized, as the law directs, 'as the true, certain and real boundary between the two States.'
"Owing, however, to the lapse of time, this line has become 'in- distinct, uncertain and to some extent unknown,' and in conse- quence thereof Virginia, in 1836, appointed Commissioners to 'again run and mark said line.' In 1858, the State of Tennessee responded to the Virginia legislation by authorizing the appoint- ment of Commissioners for a similar purpose, and also the organi- zation of a Field Party, to consist of an Engineer and Surveyor, well qualified to make said survey upon scientific principles. This last direction would appear to confer an indirect but very necessary authority to run a new line, in case the old one could not be identified. The Commissioners duly reported their proceed- ings and acts to their respective States. In 1860, Virginia disap- proved of and rejected the line thus re-run and marked, and, by the same resolution of the General Assembly, the Governor was em- powered to appoint one or more commissioners to again run the boundary as defined in the Statute of January 22nd, 1803. This is the last act of legislation referring to the boundary line between Virginia and Tennessee, and from this it has been inferred that the location of the line has not been definitely settled.
"The following table and memoranda show the results of the operations at Bristol. The latitudes of the Henderson and Wal- ker lines at points situated respectively North and South of Bris- tol, were computed from data supplied by Thomas D. Walthall, Esq. :
$24
Southwest Virginia, 1746-1786.
When Run.
Supposed Latitude.
True Latitude.
True Longitude.
Henderson, or North Carolina line.
1779
36°
36' 00/
36° 36' 48. ''
Walker or Virginia line.
1779
36°
36'
00/7
36° 34' 25.5''
The Middle line, East Mont. .
1802
36°
36'
00//
36° 35' 38.9''
82° 10' 40.00"
The Middle line, West Mont.
1802
36°
36'
00'
36° 40' 40.0''
82° 11' 25.12"
"The azimuth, or direction of the line, from East to West monu- ment is 91°, 51', 51", or North 88°, 09', 00" West true.
"It will be perceived that the direction of the Middle line, the present acknowledged boundary, is nearly two degrees north of a due west course, and if this direction should have been continued to the Cumberland Mountains, a very large wedge of Virginia ter- ritory must have been cut off. In fact, we find from the numerous and reliable observations made for latitude, in 1859, at Newlee's sulphur spring, at or close to the Cumberland Gap, as published in the 'Report of the Commissioners appointed to mark the boundary line between the States of Kentucky and Tennessee' that the South- west corner of Virginia is situated in latitude 36°, 36', 00.94", or 6', 91", North of the true line.
"According to the observations made in connection with the sur- vey of the coast of the United States, the correct latitude of the line where it crosses Knott's Island, situated about three miles west of the site of old Currituck Inlet, is 36°, 33', 15", and not 36°, 31', as determined in 1728; and the correct latitude of the line, west of the Alleghany mountains, where it separates Goodson from Bristol, is 36°, 35', 39", .5 and not 36°, 31', upon which parallel it was intended by all the parties interested that the line should be run .- These discrepancies are not a matter of surprise in view of the defective method adopted for tracing the parallel, of the in- ferior class of astronomical and surveying instruments employed by the old surveyors, and of the more than probable errors commit- ted in running the line, due, in part, to a want of care in determin- ing the magnetic variation. From the data already presented, it may be fairly inferred that if the different surveys had been con- ducted as they would be to-day, the State of Virginia would now
725
Washington County, 1777-1870.
include within its limits at least 800 square miles of additional territory.
"A sketch of the triangulation, and the computations of the tri- angle sides, latitudes, longitudes, and azimuths, are attached to this report.
"I am, Respectfully yours, "RICHARD D. CUTTS."
In the year 1821, the General Assembly of Virginia passed an act providing for the appointment of commissioners to ascertain and locate the true boundary line between this State and the State of Tennessee, and in the year 1886 a similar act was adopted, but the State of Tennessee persistently refusing to take any action looking to a settlement of the question, the General Assembly of Virginia, on the 31st day of January, 1890, passed an act repeal- ing the act of the General Assembly of Virginia passed on the 22d of January, 1803, confirming and establishing the boundary line between this State and the State of Tennessee as ascertained by the report of the commissioners appointed in that year, and declared the true line of this State to be in latitude 36°, 30' north; and that the line agreed upon between the States on the 22d of January, 1803, was erroneous by reason of mistakes in fact caused by de- fective instruments and incompetent observers, and that the same is not obligatory on the State. In the meantime, on the "th day of January, 1890, a suit had been instituted in the Supreme Court of the United States by the Commonwealth of Virginia through her attorneys, R. A. Ayers and William F. Rhea vs. the Commonwealth of Tennessee, the object of the suit being to have the Supreme Court of the United States declare the true line between the States to be 36°, 30' north latitude, as provided for in the original char- ter of the colonies of Virginia and North Carolina.
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