The Republican. [volume] (Oakland, Md.) 1877-current, 1891-05-29
MARYLAND.VIRolNIA BOUNDARY
An EIucldation Of This Much-Vexed
Question.


An EIucldation Of This Much-Vexed
Question.
1T jay" In Cumberland News.
Notwithstanding the fact that
Maryland dismissed her bill which
she had filed in the United States
Supreme Court to have settlement
of the boundary between this state
and Virginia settled and abandoned
her claim to the head Of the South
Branch as the first fountain of the
Pot mac. She did not at any time
accept the place marked by the Fair
fax stone as the head of the North
Branch or the fountain of the POtO.
mac. Has she at any time before
the dismissal of these proceedings or
since that time ratified or adopted
the Fairfax stone, or has she speciti-
cally accepted the Fairfax stone as
marking the head of the Potomac,
and therefore the beginning of said
boundary liner 1t seems to me that
this Questi0n:must be answered in the
affirmative. BY the act OF the Leg
islature of Maryland passed 1888, un.
der which our soldier lots had been
laid out by Francis Deakins were
awarded to the soldiers. The act
declares that there are 2,475 of these
soldiers. and further provides that
2,475 of the aforesaid lots contained
in the following limits to wit: Be.
ginning at the mouth of the Savage
river and running with the North
Branch of the Potomac river to the
head thereof. thence north with the
present supposed boundary line Of
Maryland until the intersection, &c.
1t appears from the subsequent pro-
ceedings that whilst the act above
quoted speaks of running up the
North Branch of the Potomac to the
head thereof. rs a matter of fact
Francis Deakins stopped at the Fair.
fax stone and then run the boundary
line North to the Pennsylvania line,
10 which he laid out the Maryland
soldier lots as stated In the boundary
calls in the act of 1888. After Mr..
Deakins had completed the surveys
of the lots he made map showing
the locations of the lots and the said
boundary line from the Fairfav stone
as run by him aid retu ID it to the
Land office of Maryland where it has
remained to the present day as an
official record of the state. This map
has been used as guide by the com
missiOners of the Land Office in pass
ing upon caveats aud adjusting land
titles 10 his office and has 1 presume
been consulted and relied on by
many of the ablest lawyers of the
state. For if the legislature did not
intend to recognize the Fairfax stone
a. the head of the North Branch Of
the Potomac why did the state accept
Deakin's location of the boundary
line and issue patent after patent to
its citizens calling for this line AS the
Maryland and Virginia line.
Again in 1918 the General Assem-
bly, of Maryland passed an act in
which it recognized the h FAD of the
North Branch of the Potomac AS the
first fountain of the Potomac called
for in the grant to Lord Baltimore.
Under this act commissioners were
appointed to run the boundary line
from the most western source Of the
North Branch of the Potomac, aud
when her commissioners met the
commissioners appointed by Vir-
GINA the effort to tttle the bound.
airy failed. or rather the negotiations
failed because the Virginians were
instructed to begin at the Fairfax
stone and the Maryland commission
ners had been instructed to ascertain
the most western source of the North
Branch of the Potomac AZ the place of
beginning.
Col. James Boyle. who was one Of
the commissioners on hehaif of
Maryland. in his report says: THE
only question for consideration Is
whether the North or South Branch
Of the Potomac is considered the
first fountain of the Potomac. Tt j.,
language. em6o lied as it j. in the
report, seems TO me to be somewhat
peculiar when we consider the fact
that the general assembly ordered
the commission. Of which Col. Boyle
was one. to run the line from the
western source of the North Branch.
thereby ignoring any claim what
ever to the South Branch as charter
boundary. The language used by
Col. Boyle would indicate that he
wholly misunderstood his instruc
tons. 1t seems to me from the fore.
going that Maryland had. prior to
1852, ratified the point marked by
the Fairfax stone AS Inc ipitiaI point
Of beginning f0i the boundary in dis
D,xk h.. r. l.