USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 65
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Before the opening of the field work for the season 1902 a com- plaint reached your commissioners from a citizen of Johnson county, Tennessee, supposed to be reliable, to the effect that inter- ested parties were interfering with the marks placed on the line the previous year, and that, in some cases at least, the monuments had not been properly placed by the persons employed for that pur- pose.
Although these statements seem scarcely credible in view of the general interest taken in the work by the inhabitants, your com- missioners thought it best to investigate the matter and to satisfy themselves by personal inspection that the monuments had re- mained undisturbed in their proper places.
This was accordingly done at the outset of the season's work, and it was ascertained that the stories of falsification of the mark- ing were without any foundation of fact; that all the monuments between the northeast corner of Tennessee and Bristol had been properly set, and that none of them had been disturbed.
These preliminary operations occupied the time from June 23 to July 4, on which day your commissioners returned to Bristol. After placing some additional monuments on the old line in and near Bristol they proceeded to Gate City, Virginia, where the
Washington County, 1777-1870.
camp outfit had been stored at the close of the work in the pre- ceding autumn, and at once went into camp at Robinett, Tennes- see, west of the north fork of the Clinch river.
The survey of the boundary line was resumed at the point where it had been suspended the year before, at the crossing of Clinch river near Church's ford.
From this point to Cumberland Gap the line crosses a succession of mountains and valleys with comparatively little level or cleared land. Little difficulty was experienced in tracing the line in this part of its course, the marked trees being generally found at fre- quent intervals. The line preserved its general course as before, except that two deflections to the northward were found, which were similar to that found the year before near Bloomingdale.
The first of these occurred on the mountain called Wallen's Ridge, where the line made a deflection of 19' to the north before reaching the summit, and kept that course for a distance of 4643.1 feet before resuming its usual direction. There were numerous trees with both the 1802 and 1859 marks on this deflected line.
The final deflection of 4° 10' to the north for a distance of 6503.3 feet began at the "old furnace road" near Station creek, less than three miles from the west end of the line on Cumberland mountain. From the western end of this offset the line runs straight to the terminus.
There has been considerable controversy and litigation over these last three miles of the boundary, and a number of witnesses have testified in the case of Virginia ag't Tennessee, Supreme Court United States, October term 1891. that there were none of the marks of the previous surveys remaining between Station creek and the summit of Cumberland mountain, owing to the destruction of the timber in that area during the military operations of the Civil war.
Your commissioners were able to find, however, three trees well marked with the mark of 1859 survey, and at least one of these bore evidence in the position of this mark that an old diamond mark was formerly visible above it.
These marked trees were found on the east and west part of the line west of the offset, and are in excellent alignment, and settled beyond the possibility of doubt the location of this part of the boundary, and hence the short remaining distance to the summit
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Southwest Virginia, 1746-1786.
of Cumberland mountain. This line passes near and a little south of the old mill several times referred to in the case above cited, and thence across the Union railroad station, leaving most of the town of Cumberland Gap in Tennessee. The summit of Cumberland mountain was reached on Saturday, August 23, 1902, and on the following Monday the field work of the survey was completed and the camp outfit was packed and shipped to Washington. Your commissioners then separated; Professor Buchanan returned to his home at Lebanon, Tennessee, to work up his field notes, and Mr. Hodgkins to Washington, to attend to business of the commis- sion and to draft a report of its operations, while Mr. Baylor remained on the ground until September 13, superintending the placing of monuments along the part of the line surveyed in 1902.
In conclusion, your commissioners state that they have found the duties imposed upon them by your instructions often arduous and exacting, and that the survey just completed proved far more laborious, and was attended by greater hardships, than any of them had anticipated; but that they have nevertheless given the same careful attention to every part of it, and that they believe it to be correct throughout.
List of monuments of cut limestone and other durable marks as hereinafter more fully described :
(1)-At northeast corner of Tennessee, at Burnt Hill.
(2)-On summit of Flat Spring ridge.
(3)-On Valley Creek road on John Tolliver's place.
(4)-On road from Laurel river to White Top mountain near an old mill.
(5)-On road up Laurel river near a double ford.
On summit of Iron mountain, near the north end of the rocky bluff, a cairn of rocks was erected.
(6)-At eastern foot Holston mountain, a short distance from Beaver Dam creek and the Virginia and Carolina railway.
Coast and Geodetic Survey triangulation station, "Damascus," U S on summit of Holston mountain, a stone marked X C S
(7)-On Rockhouse Branch road in the valley on Mary Nealy place.
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Washington County. 1777-1570.
(8)- On road from Barron railway station to New Shady road cut-stone monument of 1858- 59.
(9)-In woods north of New Shady road where the line changes its course to south 23: 50' west (mag.) a marked deflection from the general course of the line.
(10)-On the New Shady road where this deflected line crosses it.
(11)-In woods on Little mountain west of Cox creek where this bearing of south 23º 50' west (mag.) ends, and the line re- sumes its general course to the westward.
(12)-On the road just north of cross road leading to Thomas Denton's place.
(13)-On road on hill on C. D. Short's place.
(14)-On road on east bank of the south fork of Holston river. cut-stone monument of 1858-'59.
(15)-On hill in George Garrett's cow lot west and north of south fork Holston river.
(16)-On road to King's mill near John Buckle's house.
(17)-On road to King's Mill via Thomas' place.
(18)-On summit of open hill east of Painter place, concrete monument.
(19)-On road running east of Painter house.
(20)-On road running west of Painter house, cut-stone monu- ment of 1858-'59.
(21)-On road through woods west of Painter property.
(22)-On summit of first high ridge cast of Paperville road.
(23)-On Paperville road at Jones' place.
(24)-On road west of Carmack house.
(25)-On Booher place near first marked tree of 1858-'52 east of Bristol.
(26)-On north property line of the main street of Bristol out- side the western wall of the cemetery. Commissioner Baylor does not consider this a part of the true line.
(27)-Outside the street wall of Bristol cemetery at the point where the average centre line of Main street intersects said wall. Commissioners Hodgkins and Buchanan do not consider this a point on the boundary. A stone post in the edge of a field formerly owned by Z. L. Burson at the northwest corner of the old corporate
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Southwest Virginia, 1746-1786.
territory of the old town of Bristol. Commissioner Baylor does not consider this a point on the boundary.
(28)-In the fork of the main road west of the town of Bristol.
(29)-On the road to Bristol east of Worley place.
(30)-On road to Bristol west of Worley place.
Coast and Geodetic Survey triangulation station, "Dunn," on U S
summit of ridge on old Dunn's place, stone marked X C S
(31)-On Dishner Valley road.
(32)-On road to Bristol east of Gumm spring.
(33)-On road to Bristol near Tallman house.
(34) -- On road in valley west of old abandoned railway bed.
(35)-On Scott road.
(36)-On road west of Akard place.
(37)-On road near Jackson place.
(38)-On Boozey Creek road.
(39)-On road to Hilston ford, cut-stone monument 1858-'59.
(40)-On Timbertree road.
(41)-Between two roads just east of Gate City road.
(42)-In woods west of Gate City road where there is a deflec- tion of 8º 30' to the right or north from the general course of the line on old Hickman place.
(43)-In woods northeast of Bloomingdale where this 8° 30' de- flection from the general course of the line ends in going west- ward and line resumes its general course.
(44)-On road to Bloomingdale.
(45)-On Wall Gap road.
(46)-On road up ravine.
(47)-On Carter Valley road.
(48)-On Gate City and Kingsport road, cut-stone monument of 1858-'59.
Coast and Geodetic Survey triangulation station, "Cloud," on U S
bluff of North Holston river, stone marked X C S
(49)-On east bank of North Holston river.
(50)-On road on west bank of North Holston river.
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Washington County. 1.77-1570.
(51)-At cross roads on Stanley Valley road, cut-stone monu- ment of 1858-'59.
(52)-On Stanley Valley road on hill at turn in road.
(53)-On Cameron postoffice road.
(54)-On Stanley Valley road south of barn of N. J. Bussell, cut-stone monument of 1858-'59.
(55)-On Stanley Valley road, cut-stone monument of 1858-59.
(56)-On road which runs across Opossum ridge.
(57)-On Moore's Gap road.
(58)-On Caney Valley road.
(59)-On Little Poor Valley road south of Mary Field house.
(60)-On Poor Valley road, cut-stone monument of 1858-59.
On summit of Clinch mountain. cairn of rocks erected a few feet south of the Coast and Geodetic Survey triangulation station. U S
"Wildcat," which station marked with X cut in sandstone rock. (' S
(61)-On Clinch Valley road.
(62)-On road on east bank of Clinch river above Church's ford.
(63)-On road at Jane Bagley's house.
On summit of open hill east of Fisher Valley road line, crosses solid rock. Small hole drilled in it with a T cut south of hole and V north of it.
(64)-On Fisher Valley road.
On summit of a high ridge east of Robinett line, crosses solid rock. Small hole drilled in it with V cut on north side of hole and T south of it.
(65)-On road at Robinett.
On side of ridge at east edge of woods line. crosses rock. Small hole drilled in it with V cut on north side of hole and T on south of it.
On summit of Newman's ridge line, crosses rock similarly marked.
(66)-On Rogersville and Jonesville road.
(67)-On Little Creek road.
(68)-On Sneedville and Black Water Salt Works road.
(69)-On Black Water Valley road near J. Mullen's house.
Coast and Geodetic Survey triangulation station. "Powell," on
U S
summit of Powell mountain, large sandstone rock marked X C S
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Southwest Virginia, 1746-1786.
(70)-On , Mulberry Gap and Wallen Creek road near large poplar.
(71)-Near junction of Mulberry Gap and Jonesville roads.
(2)-On east face of Wallen's. ridge on edge of trail over ridge where there is a deflection to the right or north of 19° from the general course of the line.
On summit of Wallen's ridge line, crosses large sandstone rock. Small hole cut in it with V cut north of hole and T south of it.
(73)-On west face of Wallen's ridge in open field on the boundary fence of Mollie Thompson and J. W. Moore, where this deflection of 19° from the general course of the line ends in going westward and line resumes its general course.
(74)-On road east of Powell river and north. of Welch or Baldwin ford.
On rock bluff west of Powell river a small hole was cut with V north of this hole and T south of it.
(75)-On Powell river and Sneedville road, on west hill of Powell river, rough stone monument with V cut on north face and T on south face.
(76)-On Powell river and Sneedville road.
(77)-On Martin Creek road.
(78)-On Low Hollow road.
(79)-On Four Mile Creek road.
(80)-On Bayless' Mill road.
(81) On Ball's Mill road.
Coast and Geodetic Survey triangulation station, "Minter," on summit of hill near gate and fence corner.
(83)-On road south of Jacob Estep's house.
(84)-On East Machine Branch road.
(85)-On West Machine Branch road.
(86)-On Ducktown road.
(87)-On Mud Hollow Hole road near large limestone spring.
(88)-On Hoskin's Valley road near large limestone spring.
(89)-On George Souther's saw-mill road.
(90)-On Louisville and Nashville railway near Brooks' cross- ing.
(91)-On old Iron Works roads where there is a deflection of 4° 10' to the right on north from the general course of the line.
- (92)-On Station Creek road.
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Washington County, 1777-1870.
(93)-On the east side of Poor Valley ridge where this deflec- tion of 4- 10' from the general course of the line ends in going westward and line resumes its general course.
(94)-On Cumberland Gap and Virginia road cast of Cumber- land Gap.
(95)-On small hill just east of road connecting Cumberland Gap with Old Virginia and Cumberland Gap road in the edge of the old town park.
(96)-On side of open hill facing south about two and one-half squares east of the Tazewell and Kentucky roads at Cumberland Gap.
(97)-On west side of Tazewell and Kentucky roads and just east of woolen factory at Cumberland Gap.
(98)-At foot of Cumberland mountain west of the Union Rail- way station and in line with the south edge of the south chimney of said Union Railway station.
(99)-On summit of Cumberland mountain. The monument of cut limestone had V and T cut on its adjacent vertical faces and "Corner" cut on its top. Its base is set in cement and broken rock with one diagonal running east and west. The summit of the sandstone ledge was blasted in order to set this monument.
In addition to the cut-stone monuments and other durable marks your commissioners marked with six chops, thus :
the trees on and within ten feet of this line on each side.
Your commissioners unanimously agree in recommending that the rights of individuals having claims or titles to lands on either side of said boundary line as ascertained. re-marked and re-estab- lished by your commissioners shall not in consequence thereof in any wise be prejudiced or affected where said individuals have paid their taxes in good faith in the wrong State.
[SEAL.]
[SEAL.]
[SEAL.]
WILLIAM C. HODGKINS, Commissioner. JAMES B. BAYLOR. Commissioner.
ANDREW H. BUCHANAN, Commissioner.
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Southwest Virginia, 1746-1786.
The Supreme Court of the United States on the 1st day of June, 1903, confirmed this report and entered the following order :
This cause came on to be heard on May 18, 1903, on the proceed- ings heretofore had herein and upon the report of William C. Hodgkins, James B. Baylor and Andrew H. Buchanan, commis- sioners appointed by the decretal order herein of April 30, 1900, to ascertain, retrace, re-mark and re-establish the real, certain and true boundary line between the States of Tennessee and Virginia as actually run and located from White Top mountain to Cumber- land Gap under proceedings had between the two States in 1801- 1803, and as adjudged and decreed by this court in its decree of April 3, 1893, in a certain original case in equity wherein the State of Virginia was complainant and the State of Tennessee was de- fendant, which report is annexed hereto and made part hereof.
And it appearing to the court that said report was filed in this court on the 5th day of January, 1903, and that the same is un- excepted to by either party in any respect, therefore, upon the mo- tion of the State of Tennessee by her attorney-general and of the State of Virginia by her attorney-general, it is ordered that said report be, and the same is hereby, in all things confirmed.
It is thereupon ordered, adjudged and decreed that the real, certain and true boundary line between the States of Tennessee and Virginia as actually run and located under the compact and proceedings had between the two States in 1801-1803, and as ad- judged by this court on the 3d day of April, 1893, in said original cause in equity wherein the State of Virginia was complainant and the State of Tennessee was defendant as aforesaid, was at the in- stitution of this suit, and now is, except as hereinafter shown, as described and delineated in said report filed herein on January 5, 1903, as aforesaid.
And it further appearing to the court, and it being so admitted by both parties, that since the institution of this suit and the de- cretal order of April 30, 1900, as aforesaid, a compact was entered into by the States of Tennessee and Virginia expressed in the con- current laws of said States, namely, the act of the General Assem- bly of Tennessee, approved January 28, 1901, entitled "An act to cede to the State of Virginia a certain narrow strip of territory be- longing to the State of Tennessee lying between the northern boundary line of the city of Bristol, in the county of Sullivan,
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Washington County, 1777-1570.
and the southern boundary line of the city of Bristol. in the county of Washington, State of Virginia, being the northern half of Main street of the said two cities," and the reciprocal act of the General Assembly of Virginia, approved February 9, 1901, en- titled "An act to accept the cession by the State of Tennessee to the State of Virginia of a certain narrow strip of territory claimed as belonging to the State of Tennessee and described as lying be- tween the northern boundary line of the city of Bristol, in the county of Sullivan, State of Tennessee, and the southern boundary line of the city of Bristol, in the county of Washington, State of Virginia, being the northern half of the Main street of the said two cities."
And it further appearing that said compact received the consent of the Congress of the United States by joint resolution approved March 3, 1901, as follows :
"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That a recent compact or agreement having been made by and between the States of Tennessee and Virginia whereby the State of Tennessee by an act of its legislature approved January twenty-eighth, nineteen hundred and one, ceded to the State of Virginia certain territory specifically described in said act, and being the northern half of the Main street between the cities of Bristol, Tennessee and Virginia, and the State of Virginia, by act of its general assembly, approved February ninth, nineteen hundred and one, having accepted said cession of the State of Tennessee, the consent of Congress is hereby given to said compact or agreement between said States fixing the boundary line between said States as shown by said aets referred to, and the same is hereby ratified."
And the said commissioners in their said report having ascer- tained and recommended the straight line from the end of the "dia- mond marked" or compact line of 1801-1803 to the corner of the States of North Carolina and Tennessee as the true boundary line between the States of Virginia and Tennessee between those two points, the court, approving said recommendation and finding of said commissioners, doth adopt the same.
And the court being of opinion that it is proper to recognize the line so established by said last mentioned compact of 1901 as the real, certain, and true interstate boundary line within and between said two cities, and to definitely determine and fix in this cause
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Southwest Virginia, 1746-1786.
what is the real and true and certain boundary line between said States throughout the entire length thereof from the corner of the States of North Carolina and Tennessee, on Pond mountain, to the corner of Virginia and Kentucky, at Cumberlnd Gap, doth therefore adjudge, order, and decree that the entire, real, certain and true boundary line between the States of Tennessee and Vir- ginia is the line described and delineated in said report filed herein on January 5, 1903, modified as to so much of said line as lies between the two cities of Bristol by the aforesaid compact of 1901 between the two States, and as so described, delineated and modi- fied said boundary line, from the said North Carolina corner to the eastern end of the compact line of 1801-1803, known as the "dia- mond marked" line, and thence to Cumberland Gap, is hereby de- termined, fixed and established.
It is to be hoped that this action of the Supreme Court of the United States will put an end to this controversy, which has lasted for more than 130 years.
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Washington County, 1777-1870.
Biographical Sketches.
REV. CHAS. CUMMINGS.
Mr. Cummings was an Irishman by birth, and came to America in early manhood. Soon after arriving in this country he entered Carlisle College, Pennsylvania. After receiving a thorough education he settled in Lancas- ter county, Virginia, and on the 13th of February, 1766, he married Miss Mildred Carter. He was licensed to preach by Hanover Presbytery on the 18th of April, 1767, and received a call to the North Mountain church, in Augusta county, which church he served until 1772, when he received a call to the Sinking Spring and Ebbing Spring congregations, on the Hol- ston. This call he accepted, and removed with his family to a tract of land in the neighborhood of Abingdon. He served the Sinking Spring church until the year 1812, the date of his death, which occurred in March of that year.
He accompanied Colonel Christian upon his expedition against the Chero- kees in the year 1776, and preached in the territory, now in the State of Tennessee, being the first preacher in that territory.
He joined a company organized at Abingdon under the command of Colonel Evan Shelby, and hurried to the relief of the inhabitants at Watauga when besieged by the Indians, in 1776.
He was the first named on the Committee of Safety for Fincastle county, and is accredited with the honor of having drafted the Fincastle resolutions which were adopted on the 20th of January, 1775. He assisted in drafting a petition from Hanover Presbytery to the General Assembly of Virginia, asking the separation of the Church and the State, in October, 1776.
When Washington county was formed, in the year 1777, he was elected chairman of the Committee of Safety, and by his example and admonition did much to fire the spirit of patriotism which blazed forth so brilliantly among the people of the Holston in the War of the Revolution.
He was of middle stature, about five feet ten inches high, well set and well formed, possessing great personal firmness and dignity of character. His voice was strong and had great compass; his articulation slow, clear and distinct : without apparent effort he could speak to be heard by ten thou- sand people. His mind was good, but not brilliant. He understood his own system well; spoke always with gravity, and required it from all who sat under the sound of his voice. He would not tolerate any movement among the congregation after the services commenced. He uniformly spoke like one having authority, and laid down the law and the gospel. as he under stood them, with great distinctness.
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Southwest Virginia, 1746-1786.
COLONEL ARTHUR CAMPBELL.
He was born in Augusta county in the year 1743. Entered the service of his country when a youth; was captured at Dickenson's Fort and carried into captivity by the Indians and kept for three years; returned to his home and moved to Holston settlements in 1765. Major in Fincastle mili- tia and member of the County Court of Fincastle county; member of the House of Burgesses from Fincastle county; one of the original trustees of Washington College. County lieutenant and presiding justice of Wash- ington county for more than a quarter of a century. Represented Fin- castle county in the Convention of 1776 and Washington county many times thereafter in the General Assembly of the State. Made an effort to organize a new State west of the mountains in 1782-1785. He was a statesman and a patriot.
Died at the present location of Middleborough, Ky., on August 8th, 1811.
COLONEL WILLIAM RUSSELL.
Born in Culpeper county in the year 1748. Settled near the Clinch river, south of Castle's Woods, about 1770, and built Russell's Fort. Commanded a company of frontiersmen at the battle of Point Pleasant in the fall of 1774. Member of the House of Burgesses from Fincastle county in 1776. Commissioned captain in the Continental army, and accompanied Colonel Christian upon his expedition against the Cherokee Indians in 1776. Mem- ber of the General Assembly of Virginia in 1786, and introduced bill for formation of Russell county, Virginia. Brigadier-general of Virginia mili- tia. Married Mrs. Wm. Campbell, and for many years resided at Saltville, Virginia. Died in the year 1794 at the home of his son, Robert S. Russell, in Shenandoah county, Virginia.
COLONEL WILLIAM COCKE.
Colonel Wm. Cocke was a son of Abraham Cocke, of Amelia county. Was born in 1747, and died August 22d, 1828. He was an early pioneer of Ken- tucky; active in the formation of the "State of Franklin," and afterwards of Tennessee; served in two wars-the Revolution, in which he was a cap- tain, and the war of 1812, in which he volunteered, though an old man, and was a member of the Legislature in four States-Virginia, North Carolina. Tennessee and Mississippi. He was a member of the Virginia House of Delegates from Washington county in 1777, and was United States Senator from Tennessee, 1796-'7, 1799-1805. He was afterwards a judge of the Circuit Court of Tennessee, and later removed to Mississippi, where he died.
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