Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-01-10
NO. 8.

ddhc0ity, preferred his petition to the king in
tiSS, praying, that his majesty would be
pleased TO order commission 10 issue. Cor
running out, marking and ascertaing the
bounds OF his patent, according to the true
intent and meaning Of his charter. An or
der TO this effect, was accordingly directed
by the king. and three commissioners an.
pointed on behalf OF the crown, and the same
number on behalf oilord Fairfax. The ,u-
" which devolved upon them. was 10 as
certain by actual examination and survey.
me true fountains of the Rappahannock and
Potomac rivers. To enable them more ner-
iectly to discharge the important trust cont
ded to them, they were authorized To sum-
mon persons before them. TO take depoaiiiohs
AMI atldavts. 10 search papers. aud emplov
Surveyors, chain carriers markers. and other
necessary attendants. The commissioners
convened in fredericksburg. on the Goth Of
September. 1886. and proceeded to dis
charge their duties, by taking depositions,
appointing snrvcyets, and making every need
i.il and requisite preparation for The survey,
ibey commended their journey Of obsarya-
ton and survey. on the 18th day OF October
1856. and flashed il on the l4,b Of Decem.
per, oil the same year, on which day. they
discovered what they marked and reported
10 be the first fountain ef the Potomac river.
Seperate reports were made 10y the comns.
sioners, which reports. with all the accnu,-
panying documents, rape,s surveys. plans,
NC. were, on 2lst OF December 1883. re-
isrred TO the council for plantation affairs.
That board. after hearing counsel, made A
report on the 9th Of April, I745. in which
they state. "thst having examined into tba
several repnrts, returns, plans. and Other pa
pers transmitted TO them by thu commission
ars appointed on behalf of The crown as ike
wise OF lord Fairfax and having been attend
ed by cou'lcil on behalf Of your nisjesiy,a,
likewise Of lord Fairfax. and having heard
all they had TO offer athereppon, and tho
question being concerning that boundary
which ought TO be drawn from the first head
or spring Of the Rappahannock to the Grst,
head or spring of the river Potomac, tho
committee do agree humbly to report to your
maJesty as their opinion, that within thu
words and meaning of the letters patent.
granted W King James II bearing date the
tth day OF Sept, in tie fourth year Of his
reign. the said boundary ought TO begin at
The hrst spring Of the South branch of the
river Rappahanock. and that the said bo,in-
asry be from thence drawn in straight line
lorlb west e. he place in the .flegsany noun
ans sherc Ha, pat Of the Potomac rirer
ed,ch IS notc called Cohongoroofa first rises"
ne Cohongofoota Is known TO be the stream
Fhlch the Maryland writers term the North
ranch OF the Potomac; bus ~hich is reeov
''zed IN Virginia, and described on all the
maps and surveys which have ever vet seen
IS The Potomac ricef from its first fountain.
where the Fairfax stone is located TO its con.
'nence with the Shenandoah; there being pro.
'erly speaking. no such stream as the North
ranch OF the Potomac. This report of tba
ounc'l Tor plantation affair, was submitted
ihe KING IN council IN the It'll Of April.
f45, and fully confirmed by him, and
ar'her order maded irectng the appointment
! commissioners to run and mark the
'viding hoe ageeeahly to his dec,s,on thus
made. Commissioner wore accordingly
appointed, who. havlnz provided them.
ewes with survey ors, chain carriers.
iarkers, &C.. CONNIE need their ;,nr
ey on the 18th of September. I746 On The
fth Of October, they planted the FoiyJax
one at the spot which had been described
nu MARKED by the preceding commission
rs as the true head spring of the Potomac
yer, and which has continued 10 be regarded
ON That period TO the present time, as the
,n'hern point of the western boundary be.
veen Maryland ard Virginia. A Joint re-
Drt Of these proceedings was made nv the
Jmmssioners to the king. accompanied with
ieir bcfd notes, which report was received
I'd ordered to be filed among the records
his niajesty's privy council Thus trmi.
itcd. after lapse Of sixteen years, a pro-
.edmg which had for its object, a nong other
a'ters.the ascertainmeDt oftbe first Fountain
the Potomac riuT and which resulted 10 tie
Establishment OF that ''factn by tribunal of
,mpetent jurisdiction. This decision has
ow been acqaiesed in for near century:
vi all topographica' description and sketch
OF the country have been made to conform
ut / say acqniesed IN, for il is i'm possible
regard the VARYING. nactuating legisIa-
on OF Maryland upon this subject, at ono
'ssion OF her general assembly. recognising
&c line as now established. fsee compact of
1856. Session .4cts If 1903. 1918 and o,teysy
another, authorizing the appointment OF
'mmis.ioners to Gdj,ts. the boundary, as
rave resistance of ITS concusivncs., or such.
cort,ti!utfpnns claim. as under the usages Of
iernational law, would bar an application
the principles of usppafion AMI grescrip-
on. (See pattet, p 25i Groiins Lib 2nd,
zap. 4 WoLfins. jus. Nat pas SD
Jurisdiction in all cases relating 10 boun>
aries between provinces. the domini u and
government, Is by The common
Nv of EDgland exclusively vested in the ring
nj council. & Yes sea p 447) And not
it may be a question Of boetda.,
7 between the crown and lord proprietor
a province, (such as that between lord
ssn fax and the crown the king IS the only
Idge, and. is presumed 10 act with er.ire
npafiialitV and Justice in references n all