The Republican. [volume] (Oakland, Md.) 1877-current, 1894-03-15


setting out that his patents from
Charles II and James IL and, de-
scribing his title and territory there
by granted (as above set out and
that several disputes have arisen
between his majesty s governor and
council of Virginia, and the petit
toner and his agents touching the
boundaries thereof, and that SAID
governor and council have from
time to time actually taken upon
them to issue grants of divers par
cells of land, parts Of petitioners
said tract. etc and that he is ad
vlsed that they were clearly
within the bounds of his said tract,
and that sad Fairfax pravs that in
order to settle the boundaries OF the
petitioners said tract or district
bis Majesty would be graciously
! pleased to order commission 10
issue for running out, marking and
ascertaining the bounds Of petit
toners said tract or district Of land
agreeable to the description thereof
as expressed and contained IN the
said several grants from the crown,
and to name such number of com
missioners for Virginia as his Maj
csty should think proper, to be
joined with an equal number on
petitioners behalf, to run, settle
and ascertain said boundaries, ETC.,
and that Che governor and council
of Virginia ought to be directed
and prohibited from making grants,
etc, until said boundaries were set
tied. And thereupon his Majesty
orders that the lieutenant governor
of Virginia shall nominate three or
more commissioners mot exceeding
. five) who in conjunction with like
number to be named by Lord Fair
fax, are to survey and settle the
marks and boundaries of the said
district of land agreeabIy to the
terms of the patents under which
the sa d Lord Fairfax claims, with
in the space of two years after the
arrival of this order, and in the
meantime the lieutenant governor
is ordered not to presume to make
any grants within the above men
| toned tract.
Lord Fairfax brought over this
order himself, but did not present
it to the Governor until more than
two years from Its date.
COMMISSIONERS APPOINTED.
William Gooch, the Governor of
Virginia, on the 18th day Of Sep
tenn Der, 1876, the tenth year of the
reign of George IL. commissioned
William Byrd, John Robinson and
John Games, as commissioners to
act for the colony of Virginia in
this matter.
INSTRUCTIONS TO COMMISSIONERS
In the instructions to these CONF
missioners, GATED September 8th,
1916, is the following:
For as much rs it may be nee
essary for the ore clear descrlp-
ton of the bounds III the contro
versy to have exact maps of the
rivers Rappahannock and Potomac
ana the branches thereof to the
first heads or spri Is 50 called or
known, you are to cause the survey
orS so by you employed to prepare
correct maps hereof III order to be
laid before his Majesty. And they
were also instructed to take depOsl-
tions and affidavits OF such persons
as you shall see proper to examine
touching said rivers Rappahannock
and Potomac and how far they were
known by these names at the time
Of the last grant made by King
James II to Lord Culpepper and
how far the bounds Of the territory
aforesaid were reported to extend,
or have since been bounded by the
proprietors thereof or their agents,
etc. !"
Lord Fairfax appointed Charles
Carter, William Beverly and Wi
liam Fairfax rs his commissioners,
and instructed them "to make full,
true and exact report Of all matters
of fact and all their proceedings
specially in order to be LAID before
his Majesty for his final determina-
ton, etc, also to make and settle
the boundaries aforesaid after such
determination of his Majesty with
such commissioners as shall be nom
mated by his Majesty
The Kings commissioners and
two Of Fairfax's commissioners met
at Fredericksburg September 25th,
1888. A question arose as to the
power of the commissioners. Fair
fax's claimed that they were only
empowered to survey the contro-
verified bounds so that a statement
of facts might afterwards be laid
before the King for his royal deter
mination. And this was finally
acceded to by the Kings commits
sioners.
INSTRUCTIONS TO SURVEYORS.