Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1832-06-07
From tie Baltimore .2naeYiean.
BOUNDARY LINE OF MARYLAND
AND VIRGINIA.

From the Baltimore .4naerican.
BOUNDARY LINE OF MARYLAND
AND VIRGINIA.
At the late session of The MARYLAND Legs
lature sundry resolutions relative to the
Southern and Western limits of this State
were referred to a committee Of the Senate,
who subsequently made a full Report on the
subject The Committee took up the in
vestlgation db ta,tio, and presented to toe
consideration Of the Legislature a regular
digest OF the whole mass of facts, starting
from the very title Of Maryland to her do
main. As the question is one of decided IN
terest TO our citizens. and is likely to assume
an increased degree Of Importance before it
IS settled, we have prepared, at the cost Of
some labaur, a summary Of the prominent
grounds taken by the Committee in their
Report. The historical character of many
OF the circumstances noticed by the commit
tee, lnparts an interest to them which, we
doubt not, will render this condensed view
oil them quite acceptable. On an examina-
ton Of the original charter from the King
OF England TO Lord Baltimore, the Commit
tee had the grant so defined by indeliblo ma
tnrdi boundaries, leading from point TO
peat all around il, that it caused no little
surprise lnaiiem to learn from the eas,y his,o.
~ Of the province tue legal pelplexities in
which the Proprietary was involved concern
IN them. In searching the cI AFTER for the
Southern aud Western Limits, the Commit.
tee remark that 1--WE are told to begin en- that
part of the Delaware Bay on the north.
which hes under the fortieth degree of north
latitude from the eqrihoctfai, and are direct
ed TO pass under the said degree unto the
true meridian OF the first fountain OF the riy-
or Potomac" This first fountain, however.
tyas A. ayorfIy aaEraJ - -.
ton; and as the Potomac had several trim
tarIes, the South Branch Of that river having
the greatest extent TO the West, was coe,i,
dercd the Potomac proper, and the Month
branch but a tributary. In a subsequent
explanatory section of the charter the King
ins'rnctS all bis courts and judicatories TO
give The whole grant such Interpretation as
wohid be most beneficial and profitable to
the grantee. According TO the estimate of
the late William Cook, the difference to
LORD Baltimore between the meridiap's
striking the North and South Branch would
have been 462, 4S0 acres. Concluding. there.
lore, that 1t would have been most bepeG-
cIal 10 have run the line 10 the South Branch.
The Committee remark that it is scarcely nos,
sI5ie to doubt that the whole comfy north
OF the South Branch was included in the
charter.
The Committee believe and report that
the iImIfs defined by the original charter
ought now to be the southern and western
iiinits OF Maryland. The right Of the King
10 grant was incohtestibie. and conceded on
an hahus nefore The Rcvoiution, nor was the
right Of Lord Baltimore TO his true dom.;ns
ever doubted or questioned by Virginia.
The true boundary has always deDended
upon the first fountain of the Potomac. The
Committee remark that ii was not expected
mat States which had struggled toge.! ~ for
existence III the Revolution, would have die
Tered about so small a matter, although Il
could have been settled long since by actual
survey. The constitution of Virginia cedes
ana confirms to Maryland and other adioio.
ing states all the rights of property. Sc
winch might have been preylously claimed
by Virginia, in order TO allay some dissatis.
faction which had arisen, ana to remove any
aLtiicnl'y arising out Of the Revolution IN
100 a compact was made between the two
states to regulate he jurisdiction of the po-
toulac rlvei; but tits matter of sunrise tLa,
,ne Single question of the first fountain was
'el 10 be settled by subsequent negotiation,
n survey made by Col Cresap in I'LL. es.
.toi''hcs beyond a doubt that the south
DF"hch ho"s from the first fountain and The
Con.nii'tee believe that il settles the oues.
'~1"'0sNAoiy' Aiiuslon IS made 10 The ]
oi''.'e between Frederick Lord Baltimore
and Lord Fairfax, touching the southern
anI western limits of the Maryland charter.
ana alter investigating the subject, the Com
ll!r,ee are OF opiniou hat no authority was
gwen to plant The Fairfax stone on he
North Branch, where it is now found: il was
d continuance OF two interested parties. Viz,
OF Virginia to extend her territorial iuIs9;rl
,aon, and Of Lord Fairfx to incfease his
ianus. A law suit was carried on IN Fnclard
ioF Geh mutual benefit, and the Kin I'D
ed ''st The line should run between "tLe RI.
Fers Potomac and Rappahalnock," instead
o. Drl"een The heads q those rigcrs The
s'"G was run accordingly, making the head
Si,iihs Of The Potomac on The North prancf'
wh''e The stone no.r is, 1bi. was a usurna
non OF .oe rights of Lord Baltimore; he Was
10 parry to The suit, neither had he notice Of
: a. "aa ms suectssors protested agains, il, Lt
''a''hs one Wide IT was pending Ate, M.
tA iaIte settlement, Faliax issued rants
ana SO lar 10 the west as 10 raise RE- nmes