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


submitted to the king in council on
the IIth of April, l7l5, and fully
confirmed by him, and a further
order made, directing the appoint
ment of commissioners to run and
mark the dividing line agreeably
to his decision thus made. Com
misgoners were accordingly ap'
pointed, who, having provided
themselves with Surveyors, chain
carriers, markers, &c, commenced
their Journey on the 18th of Sep
tember, 174G. On 18th October they
planted the Fairfax stone at the
spot which had been described and
marked by the preceding COM
missioners as the true head spring
of the Potomac river, and which
has continued to be regarded, from
that period to the present time, as
the southern point Of the western
boundary between Maryland and
Virginia. 4 joint report OF these
proceedings was made by the com
missioners to the king, accom-
panied with their field notes; which
report was received and ordered to
be filed away among the records OF
his majesty's privy council. Thus
terminated, after lapse of sixteen
years, a proceeding, which had for
its object, among other matters,
the ascertainment of the first foun-
tain of the POtOmOc river, and
which resulted in the establishment
Of that "Iact7 by a tribunal OF
competent jurisdiction. This de-
cision has now been acquiesced IN
for near century and all topo-
graphical description and sketches
of the country have been made to
conform to it. | say dcquesced m,
for it is impossible to regard the
varying, fluctuating legislation OF
| Maryland upon the subject, at one
session of her general assembly
recognising the line as now cstab-
I lished, (see compact of l1S5, SEES
sion Acts Of 1903, 1918, and
others at another authorizing the
appointment of commissioners to
adjust the boundary, as a grave
resistance Of its conclusiveness, or
such a continual claim, as under
the usages Of international law,
would bar an application OF the
principles of usucaption and pre-
scription. (See Vattel, p. 25l.
Grotus, lib. ., cap. 4. Wolhus
jus. Nat. par. B.
Jurisdiction in all cases relating
TO boundaries between provinces, the
dominion and proprietary govern
ment, is by the common law OF
England exclusively vested in the
king and council. Il Vev. sen. p.
ll7D And Notwithstanding it
may be a question Of boundary be-
tween the crown and the lord pro-
prictor of a province, (such as that
between lord Fairfax and the
CROWN the king is the only Judge,
and is presumed to act with entire
impartiality and justice IN refer
cncc to all persons concerned, as
well those who are parties to the
proceeding before him, as others
not parties who may yet be inter
csted in the adjustment. (Nesey,
ib.) Such is the theory and prac-
tice Of the English constitution
and although it may not accord
precisely with our improved con
cepiions of juridical practice, it is
nevertheless the law which must
now govern and control the legal
aspect of the territorial dispute be-
tween Virginia and Maryland.
1t does not appear by the ac.
companying papers, that Charles
lord Baltimore, the then proprietor
of Maryland, deputed an agent tc
attend upon his part in the exami
nation and survey of the Potomac
river. 1t is possible he conceived
his interests sufficiently protected
in the aspect which the controversy
had then assumed between lore
Fairfax and the crown. Certain u
: is. that it nowhere appears that h'
, ever considered himself aggrievet
by the result of that adjustment
That his government was fully ap
f prised of what was in progress
can scarcely admit Of Il ratlona
, doubt. For it is impossible to con
| ceiye that controversy so deeply
! affecting not only the interests o
lord Baltimore, but all who wer'
T concerned in the purchase OF lant
p in that section of the country, anC
conducted with so much solemnlty
and notoricty, could have extend
cd through a period OF si1teer
wears without attracting the at
{ tention of the government OF Mary
! land-a government over jealous
3 because ever doubtful Of the orlgl
t nal tenure by which her characte
was held. But had lord Baltimore
. even considered himself agglieve'
: nv the result of that settlement, i
3 "a difficult now to conceive upol
, what ground he would have ex
. cepted to it's justice, or question it
=, validity. Could he have said tha
, the information upon which the dc
t cision was founded was imperfect
h Or that the proceedings of tn
/ commissioners werc characterize
- -. tovo,;t,cro or frau1 This