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leading over the same at the Little Paint Gap, where by some it is called the Hollow Mountain and where it terminates at the West Fork of Sandy, commonly called Russell's Fork, thence with a line to be run north 45° east till it intersects the other great principal branch of Sandy, commonly called the northeastwardly branch, thence down the said northeastwardly branch to its junction with the main west branch and down Main Sandy to its confluence with the Ohio. (See Shepard's Virginia, vol. 2, p. 234.)
It will be seen that the latter part of this line is the present line between West Virginia and Kentucky.
(For the history of the settlement of the boundaries between Virginia and North Carolina, vide North Carolina, vide p. 100.)
In 1779 Virginia and North Carolina appointed commissioners to run the boundary line between the two States west of the Allegheny Mountains, on the parallel of 36° 30'. The commissioners were unable to agree on the location of the parallel; they therefore ran two parallel lines two miles apart, the northern known as Henderson's, and claimed by North Carolina, the southern known as Walker's line, and claimed by Virginia. In the year 1789 North Carolina ceded to the United States all territory west of her present boundaries, and Tennessee being formed from said ceded territory, this question became one between Virginia and Tennessee.
Commissioners having been appointed by Virginia and Tennessee to establish the boundary, their report was adopted in 1803, and was as follows, viz:
A due west line equally distant from both Walker's and Henderson's, beginning on the summit of the mountain generally known as White Top Mountain, where the northeast corner of Tennessee terminates, to the top of the Cumberland Mountain, where the southwestern corner of Virginia terminates.
In 1871 Virginia passed an act to appoint commissioners to adjust this line.
Tennessee the following year, in a very emphatic manner, passed a resolution refusing to reopen a question regarding a boundary which she considered "fixed and established beyond dispute forever." (See acts of Tennessee, 1872.)
Up to 1783 Virginia exercised jurisdiction over a large tract of country northwest of the Ohio River. But by a deed executed March 1, 1784, she ceded to the United States all territory lying northwest of the Ohio River, thus making her western boundary the west bank of the Ohio River.
On the 31st of December, 1862, the State of Virginia was divided, and 48 counties, composing the western part of the State, were made the new State of West Virginia. By an act of Congress in 1866, consent was given to the transfer of two additional counties from Virginia to West Virginia.
In 1873 and 1877 commissioners were appointed by each State to determine the true boundaries between the two States, and the General
Government was asked to detail officers of engineers to act with said commissioners in surveying and fixing the line.
Until their reportis at hand the boundary can only be found by following the old county lines. In view of the expectation of such report at an early day, it has not been thought best to go into an examination of the old county lines.
This State was set off from Virginia on December 31, 1862. It was originally formed of those counties of Virginia which had refused to join in the secession movement. It was admitted to the Union as a separate State June 19, 1863. It originally contained the following counties: Barbour, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson, Kanawha, Lewis, Logan, Marion, Marshall, Mason, McDowell, Mercer, Monongalia, Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Taylor, Tucker, Tyler, Upshur, Wayne, Webster, Wetzel, Wirt, Wood, Wyoming.
In 1866 it was enlarged by the two counties of Berkeley and Jefferson, transferred from Virginia. Its boundary with Virginia is made up of boundary lines of the border counties above enumerated, and can be defined only by reference to the laws by which these counties were created. In the constitution of 1872, after a recapitulation of the counties which were transferred from Virginia to West Virginia, is found the following clause defining the boundaries upon the south and west.
The State of West Virginia includes the bed, bank, and shores of the Ohio River and so much of the Big Sandy River as was formerly included in the Commonwealth of Virginia, and all territorial rights and property in and jurisdiction over the same heretofore reserved by and vested in the Commonwealth of Virginia are vested in and shall hereafter be exercised by the State of West Virginia, and such parts of the said beds, banks, and shores as lie opposite and adjoining the several counties of this State shall form parts of said several counties respectively.
(For a history of the boundaries of West Virginia, vide Pennsylvania, p. 86; Maryland, p. 89; Virginia, p. 96.)
In the year 1663 the "first charter of Carolina two years later, in 1665, was enlarged by the Carolina."
The following extracts from these two charters define the boundaries:
Charter of Carolina, 1663.
was granted, which, "second charter of
* * * All that territory or tract of ground, scituate, lying and being within our dominions of America, extending from the north end of the island called Lucke Island,
which lieth in the southern Virginia seas, and within six and thirty degrees of the northern latitude, and to the west as far as the south seas, and so southerly as far as the river Saint Matthias, which bordereth on the coast of Florida, and within one and thirty degrees of northern latitude, and so west in a direct line as far as the south seas aforesaid.
* * *
Charter of Carolina, 1665.
* * * All that province, territory, or tract of land, scituate, lying or being in our dominions of America, aforesaid, extending north and eastward as far as the north end of Currituck River, or inlet, upon a strait westerly line to Wyonoke Creek, which lies within or about the degrees of thirty-six and thirty minutes, northern latitude, and so west in a direct line as far as the south seas.
* * *
This is an extension of the charter of 1663, by which its northern boundary was removed from the approximate latitude of 36° to 36° 30′, on which parallel it is now approximately established. Although the exact year in which the division of the province of Carolina into the two provinces of North and South Carolina appears somewhat uncertain, I find it generally put down as 1729. The division line between the two provinces, North and South Carolina, appears to have been established by mutual agreement.
In the constitution of North Carolina of 1776 this line is defined as shown in the subjoined extract:
The property of the soil, in a free government, being one of the essential rights of the collective body of the people, it is necessary, in order to avoid future disputes, that the limits of the State should be ascertained with precision; and as the former temporary line between North and South Carolina was confirmed and extended by commissioners appointed by the legislatures of the two States, agreeable to the order of the late King George II in council, that line, and that only, should be esteemed the southern boundary of this State; that is to say, beginning on the sea side at a cedar stake, at or near the mouth of Little River (being the southern extremity of Brunswic County), and running from thence a northwest course through the boundary house, which stands in thirty-three degrees fifty-six minutes, to thirty-five degrees north latitude, and from thence a west course so far as is mentioned in the charter of King Charles II to the late proprietors of Carolina. Therefore, all the territory, seas, waters, and harbours, with their appurtenances, lying between the line above described, and the southern line of the State of Virginia, which begins on the sea shore, in thirty-six degrees thirty minutes north latitude, and from thence runs west, agreeable to the said charter of King Charles, are the right and property of the people of the State, to be held by them in sovereignty, any partial line, without the consent of the legislature of this State, at any time thereafter directed or laid out in anywise notwithstanding.
On December 2, 1789, the legislature passed an act ceding to the United States its western lands, now constituting the State of Tennessee. On February 25, 1790, the deed was offered, and on April 2 of the same year it was accepted by the United States.
In the Revised Statutes the north and south boundaries of the State are claimed to be as follows: The northern boundary, the parallel of 36 30'; the southern boundary, a line running northwest from Goat Island on the coast in latitude 33 56′ to the parallel of 35°, and thence along that parallel to Tennessee; while the western boundary is the