The Republican. [volume] (Oakland, Md.) 1877-current, 1886-02-20
SATURDAY. FEB. 20. 1886.
MARYLAND and West Virginia Boun'
dairy Line.

GARY Lln6.
We notice that Senator Browning
has called the attention of the Senate
TO the disputed boundary line from
the Fairfax Stone to Mason and Dix
sons line), between West Virginia
and Maryland. 1t is high time that
some steps were taken to have this
matter adjusted. 1t is source of con-
stant annoyance and trouble to the
people living along or near said
Boundary. The dispute about this
boundary is as old as the charter of
Maryland, and arose in constituting
that document. By the terms of the
charter of Maryland, which we have
before us, we find "that the western
boundary Of the grant was the meridi-
an of the fountain of the Potomac
from the point where it cut the 4Oth
degree of North Latitude"
This language seems to he plain,
but the controversy was as to the ioca-
ton Of the point on the ground. which
was fixed upon paper by the grant.
Virginia regarded this point as def
nitely fixed by the planting of the
Fairfax Stone in 1746, but Maryland
did not regard that act as binding
upon her because she was not party
TO it. After the Revolutionary war,
Maryland set up the claim "that the
South Branch of the Potomac was the
true head and source of that river. it
being the longer and larger of the two
streams. This claim was frequently
asserted in the form of resolutions
adopted by the Legislature of Mary
land, and in a communication by the
Governor in 1870. The difference be-
tween the two places of beginning
embraced a section of country about
one mile wide and thirty.six miles
long. About the year 1882. Maryland
filed bill in the Supreme Court of
the United States. asserting legal
demand to the territory above re-
9erred to. Evidence was then pro-
duced which showed conclusively
that under the grant, said boundary
commenced at the most western
source of the North Branch of the
Potomac, whereupon, the Bill, which
had been filed, was dismissed and the
above claim Of Maryland abandoned.
After this, the question between the
two states was as to whether or not
the Fairfax Stone stood at the most
western source of the North Branch
Virginia asserting that il did, and
Maryland refusing to recognize it as
the correct beginning. So matters
stood until 1852, when the Legisla-
ture of Maryland passed an act recog-
nizing the Fairfax Stone as the be-
ginning point, and invited Virginia
to appoint commissioners to run and
make the line. The invitation was
accepted by Virginia by an act passed
In 1858, and the line was accordingly
run in 1859. by commissioners Nc
Donald ard Lee, with the assistance
of 1t. Michler, of the U. S. Coast Sur
vey. The line so run was formally
adopted by an act of the Maryland
Legislature passed March 9Th, 1860.
The report was communicated to the
Legislature of Virginia in 1859-60,
hut was not acted upon by that body.
On the Pennsylvania boundary the
new line is about three quarters of a
mile west of the old one. According
TO the report of Lit. Michler, the old
line was run with surveyors COM
pass, and incorrect variations were
allowed, hence its incorrectness. The
territory between the old and new
lines is that which now causes the
trouble; West Virginia claims east to
the old line, and Maryland west to
the new line. Taxes are claimed from
the unfortunate,peopIe by both states,
and Maryland courts recognize Mary
lani patents and West Virginia rec
Ognize Virginia patents.
1t can readily be seen from this
brief statement that some action
ought to be taken looking to a settle
ment of this vexatious matter, and,
we trust, Senator Browning may sue
eeed in his laudable effort in that
direction.