The Republican. [volume] (Oakland, Md.) 1877-current, 1890-02-08

river TO the head thereof, then with
the present supposed boundary, line
of MARYLAND until the inter. section
with the Pennsylvania line" After
wards in the same act of 1888, chap
ter "A, section 5. this boundary line is
referred to as temporary median
run far within our just limits to
avoid conflict with Virginia. While
the Maryland act speaks of running
up the North Branch of the Potomac
to the head thereof, Francis Deakins
stopped at the Fairfax stone and
there ran the boundary line north to
the Pennsylvania line, up to which
he laid out the Maryland soldiers
lands. as stated in the boundary calls
in the act Of 1888.
"Now this running of the old
Maryland boundary line was her
own work. Deakins made and re.
turned map as recited in the act I.
This map showed the boundary line
az run by Deakins, though Maryland
then and afterwards insisted that this
boundary line was far within the just
limits because she claimed to the first
fountain of the south branch of the
Potomac. Prior to 1852 Maryland
repudiated the Fairfax stone as the
starting point for her western line.
Consequently. she regulated the line
now called the Michler line or the
new Maryland line, because it starts
from the Fairfax stone. Virginia all
the time claimed the Fairfax stone
as the commencing point, and Vir-
ginians soon after 1888 began to take
up lands to the old Maryland line,
lay warrants on them and secure
patents for them. 1t was notorious
and well known by settlers on both
sides of the line as TO where the
Maryland 1.-THE so calledl run. Vir.
ginia took possession of and exer-
cised jurisdiction TO this line. From
1883 till 1852 Virginia continued to
exercise Jurisdiction to the Deakins
line, and Virginians continued to
take up land by Virginia patents up
to that line. In 1852 the General As.
sembly of Maryland passed an act
providing for the running and mark.
ing Of this boundary, and provided
also that upon the ratification of the
report by the States of Virginia and
Maryland through their respective
Legislatures the said boundary line
should be fixed and established, and
so remain.
Nov West Virginia claims that
the Maryland act of 1852 was an ex-
press recognition of the Dpakins line,
for the preamble of that act says {;
The true location of the western line
of Maryland, between the States of
MARYLAND and Virginia, beginning
at or near the Fairfax stone On the
North branch of the Potomac river.
at or near its source, and running in
a due north line TO the State of Penn.
sylrania, is now lost and unknown,
and all the marks have been destroy.
ed by time or otherwise 1t is clear
that this preamble had reference to
the Deakins line, and to that alone.
Certainly it did not refer to the new
line, which had never been run. Sec
ton 2 of the act provides that the
commissioners shall cause the said
line to he accurately surveyed, traced
and marked with suitable mOnu-
mentS. The very word traced shows
that the Legislature had in mind the
Deakins line, and it evidently was
that line which was to he traced and
marked. 1t seems clear that the act
of 1852 only made provision for trac-
ing and rema:king the old Maryland
line as run by Deakins. The line run
by Deskin5 was the act of Maryland,
an open and notorious act, which was
Away supposed by Maryland and
Virginia 10 be a correct north and
south line. if the Fairfax stone was
the starting l'0intand as the people of
Virginia acquired their titles with
reference to this Frarcis Deakins line
in equity and good conscience, Mary
land ought to respect their titles so
acquired, especially if West Virginia
now Yields the old line and confirms
the new, as MARYLAND well knew that
the new line was not established I'M
til also confirmed bv Virginia or
West Virginia.
'In order, however. to more fully
answer your question I refer to the
fact that in 1923, when this boundary
question was before the Maryland
Legislature, series OF resolutions
were passed by that body the third
of which was as follows:
"Reso iUed. That the compact or
agreement entered into by the afore-
said commissioners, or in case of
disagreement and appointment of an
umpire ~ herein provided. the award
81 q no Il