Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1886-02-19

in distinguishing tributary from
the main branch of a river
(See Flints Geography, vol. ?, p.
SS.) Lastly, would he have ques-
toned the authority of the crown
10 settle the boundaries of lord
Fairfax's charter, without having
previously made him party to
the proceeding? | have before
shewn the futility Of such an idea.
Besides, this would have been at
onco to question the authority un-
der which he held his own grant
for Baltimore held by virtue OF an
arbitrary act of the second Charles.
His grant was manifestly made in
violation of the chartered rights of
Virginia, and carried into effect
not only without the acquiescence,
but against the solemn and repeat
ed remonstrances Of her govern
ment. Was Virginia consulted in
the "dismemberment" Of her terri
tory Was she made a party to
that proceeding, by which, "for the
first time IN colonial history, one
new province was created within the
chartered limits OF another by the
mere act of the crown !" But the
fact is, that Charles lord Baltimore,
who lived for six years after the
adjustment of this question, never
did contest the proprlety of the
boundary as settled by the COM
missioners, but from all that re-
mains of his views and proceed
ings, fully acquiesced in its accu-
racy and justice. (See the treaty
with the Six Nations of Indians,
at Lancaster, in June, 1Ili.)
The first evidence Of dissatisfac-
tion with the boundary as estab-
lished, which the researches of the
Maryland writer's have enabled
them to exhibit, are certain instruc-
tions from Frederick lord Baltl-
more successor OF Chsrles) to Gov
ernor Sharp, which were presented
by the latter to his council in Au-
gust, 1853. / have not been able to
procure copy of those instructions,
but a recent historian Of Maryland, ,
and an ingenious advocate of her
present claim, referring to them,
saws, "Ilis instructions were pre-
dicated upon the supposltion that
the survey might possibly have
been made with the knowledge
and concurrence Of his predecessor,
and hence he denies the power OF
the latter to enter into any arrange
ment as TO the boundaries, which
could extend beyond his life estate,
or conclude those in remainder
| See M'Mahon's History of Mary
land, p. 53.)
What we're the precise limitations
of those cOnveyances made by the
proprietors of Maryland and under
which Frederick lord Baltimore
denies the power of his predcces'
sor to enter any arrangement as
TO the boundaries, which could e1
tend beyond his life estate, | am
unable to say-my utmost re
searches have failed to furnish
me with copy Of them-but
they we're so far satisfactory
to his lordshlp's legal concep
tions, as to induce him to re-
sist even the execution Of a decree
pronounced by lord Hardwicke, il
1850, Il Yes. sen. PIP. 4i4-4G) up
on a written compact as to boun
daries, which had been executed
by his predecessor and the Penns
| in 1872. To enforce submission tC
that decree, the Penns filed a bill
of reviver in l75l, and after an in
cffectual struggle of six years, lorC
Baltimore was compelled with
bad grace to submit, and abide by
the arrangement as to the boun
diaries which had been made by
his predecessor. To this circum-
stance, in all probability, was lort
Fairfax indebted for his exemption
from the further demands of th'
proprietor of Maryland. For lore
Frederick, no ways averse to litiga
ton, had by this time doubtless
become satisfied that the power o
his predecessor did extend beyond
his life estate, and might even con
clude those III remainder. BE tina
as it may, however, certain 1t Il
that the records OF Maryland ar
yiIent upon the subject of this pre-
tension, from September, 1853, un
til ten years subsequent to the com
pact between Virginia and Mary
land in 17o5.
An opinion prevails among ou
m ost distinguished jurists, resting
solely upon traditionary informa
tion, that about 1861, Frederlsl
Iorc Baltimore presented a petition
to the king and council, praying
revision of the adjustment made Il
174j, which petition was rejected
or after short time abandoned a
homeless. Ifthere ever was such
proceeding, | can find nothing O
il in the archives of Virginia.
BE that as it may, it is certai
that ever since 17l5 lord Fairfa,
, claimed and held, and the com
q monwealth of Virginia constant,
/, to this day has claimed and hell
by the CohongOroota, that is b.