Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-12


and OF this city are preparing on entertain
ment TO be given In the OpeTa'uonse IN the
near future for the benefit OF the Riyss Boat
Club, OF the University.
Mr.. Thomas 5. Martin. OF ScOttsville. Is in
the city attending the Circuit Court. W.
The North LINE OF the south Side.
To the Editor OF the Dispatch:
VIDA, is the true dividing line between the
counties on the north and south sides OF
the Upper James river is now an unset
| tied question. The general opinion. follow
| ing the traditions OF the past, Is that a. the
counties on the south side were taken from
those on the north the south bank was the
true dividing line, especially az all the Islands
IN the river from Richmond TO LynchDurg be-
long To the counties on the north side. This
question IL an important one and ought to
he settled by legislation or bV decision OF our
| courts OF the highest resort, as II affects many
public and private rights in relation TO fer
| Ties, bridges, and islands. besides the law,
which provides that offences committed
within one hundred yards OF the line be-
| tween the two counties may be prosecuted
and punished in either one.
II is the object OF this communication to
show that tradition is at fault on this SUBJ
ject, and that the general rule Of the common
| Jaw kUdb Tue luf vi blithn II III lhp hlA-
| die cad filum flumines " applies as to James
river from the head OF the falls TO the foot OF
| the mountains.
An unusual difficulty arises out OF the
! fact that the acts OF the House OF Burgesses-
| one in 1927, dividing the county OF Henrico
! land establishing GOochland) and two IN
| l74S, taking Chesterfield from Henrico and
Cumberland then comprising the county OF
Powhatan) from Goochland-are lost snd
are only alluded TO by their titles in Hening's
| Statutes at large.
| Ii IS a somewhat remarkable fact that oil
| the islands IN James river from Richmond TO
| the lower line OF Fuvanna-Ssboi, Plea
sants's, Rutherford's, and Elk isands-are
separated by the main stream from the south
ern bank OF the river, and therefore by the
rule OF the common law would belong to the
north side. Why this should be the case
| doubtless IL due to causes operating many
ages ago, in some pre.Adamlte condition OF
the worlds history, the solution OF which Is
foreign TO the present inquiry, and which we
leave to the investigation Of the biologists OF
the State.
| Notwithstanding the loss OF the three Inn
portant statutes alluded to, which, II they
were extant, would settle the matter, yet
| there are other acts OF the House oil Bur.
gesses which show that the river Itself, and
not one bank OF il. Is the true line between
the north side and south side counties, aud
in tbs position we are supported by the case
OF Hamilton Vs. Mcneil, Is Graft, 3S9.
The act OF 1874 enacts that the parish OF
| Heurlco, in Henrico county, shall be divided
by James river, and that psrt that lies on the
north side OF the river shall be known rs
Henrico parish, and that on the south side,
with that part OF Bristol parish which lies
north of Appomattox river, shall be called
Dale parish.
The act Of 1744, which forms Albemare
from the upper part Of Goochland, divides
the parish of It. james into three parishes,
that portion in Albemarle, on both sides OF
the river, as lard down in the act, shall be
called It. A1n, and all OF the parish that lies
on the NORTH side Of the river shall be called
the parish Of st. James NOrtham, and all OF
the other par. lying south OF said river shall
be called Southsm.
The act OF 1874 annexes all that part OF Al
bemarle on the south side OF James river
above Failing river TO Bedford, and the act
of 1871 creates all that part OF Aibemarle that
lies south OF the JalOes river 0hen known as
| the Fluvanua) into the county OF Bucking-
ham, and all north OF James river above the
| mouth OF the Rockfish river into the county
| OF Amherst.
For explanation OF what may be referred
! 10 hereafter we Will mention the act OF liI2,
which divides the part Of SOutbam in Cum
berland county (which was formed by the
last act OF 174s) into two parts, providing
that all above the mouth Of Muddy creek
straight TO the Appomattox river shall be
| Littleton parish and the remainder shall re-
main Southsm Parish. And the act-with
utter disregard OF what IS now our constitus
| tional law, that one act shall embrace only
one object-gOes on TO divide Dale parish
lnto Dale and Manchester.
The act OF III divides the county OF Cum
berland into two counties by the division
lines Of the parishes of Litteton and South
am, which are specified in the acts OF ll44
and l772 providing that all west OF that line
shall retain the name Of Cumberland and all
east Of that line, including the whole parish
Of Southam and part OF King William parish,
shall be known as PoWhatan.
! King William parish was established IN
1900 when William and Mary established the
French Hugueaots in Virginia, and the act
specifies that the Gland the French refugees
do now and may hereafter possess at and adj
jacent TO Manakin town shall be known as
King William parish, in the county OF Hen
rico" The settlement Of HuguenOts eX-
tended from the river south for one mile out
and up the stream fer twenty-five miles,
From Bernard's creek to Sales creek
aud the line mile from the river
was known In the old records OF
boundaries as the French line" then beng
well known and established. King William
partsh was between the parishes OF Seutham
and Dale. Therefore it is conclusive that up
the river TO the eastern line OF F.luyanna
county the river Gd fttHn funtIles. the middle
OF the main stream, was The line OF the coun-
ties. Fluvanna was created by the act OF
I777, which divided the county OF Albemarle
by a liDe drawn from "the most western
line IN Louisa county and running to the
lower edge of Scots ferry (the present town
OF Scottsville) on the Fuyanna (James)
river, and all that part winch lies eastward
OF said line, together with the Islands In the
Fluvanna river adjacent thereto, shall be
called the county OF Fluyanna."
The reason OF the specification OF the act
specially annexng the islands in the river TO
Fluyanna is, IN consequence OF the river be-
ing dotted with many small islands opposite
Bremo Bluff and above New Canton, still
known as the " Seven Islands," Some years
ago one OF these islands lying near tue south
bank OF the river by alluvian became annexed
to and part OF the low ground on the south
side OF the river, and special act OF the
Legislature was passed TO annex this portion
of land, once an island In the river and now
a part OF the main land, from Fluvanna to
buckingham. II is thus plain that from the
description OF the lines OF the parishes OF
Henrico, st. James Northam, Littleton
Dale, and Southam, that the middle
OF the main stream was the line up
to the east end OF Fluyanna; that the
line IN Fluyanna included all the Islands,
and then from the acts carving from Abe
marie part OF Bedford. Buckingham, aud
Amherst the middle OF the main stream OF
James river, from the falls at Richmond to
The foot OF the mountains above Lynchburr,
Is the true dividing line between the counties
on the north and south sides OF the classic
stream OF Virginia, which once bore the
name OF her Indian monarch Powhatan, 3
noble man though a savage, and now bears
the name OF an English king, OF whom II
was truly said:
ale never said foolish thing and never did a
wise one"