commission ers. der to the appointment of judges to constitute a court for TIT. 27. hearing and determining the said matter in question: And whereas it appeared to be the sincere wish and desire of the The mutual said states of South-Carolina and Georgia, that all and singu- desire of the lar the differences and claims subsisting between the said parties to states relative to boundary, should be amicably adjusted and compromise. compromised: And whereas the legislature of the state of CommissionSouth-Carolina did elect Charles Cotesworth Pinckney, An- ers elected by drew Pickens and Pierce Butler, Esq'rs. commissioners, and the legisla did invest them or a majority of them with full and absolute ture of S. C., power and authority in behalf of that state, to settle and com- Their powers. promise all and singular the differences, controversies, disputes and claims which subsist between the said state and the state of Georgia, relative to boundary, and to establish_and permanently fix a boundary between the two states: And the Declaration of said state of South-Carolina did declare, that it would at all S. Carolina to times thereafter ratify and confirm all and whatsoever the said confirm the commissioners or a majority of them should do in and touching acts of the the premises, and that the same should be for ever binding on the said state of South-Carolina: And whereas the legislature Commissionof the state of Georgia did appoint John Huston, John Haber- ers on the sham and Lachlan M'Intosh, Esq'rs. commissioners, and did part of Georinvest them with full and absolute power and authority in be- gia. Their powers. half of that state, to settle and compromise all and singular the differences, controversies, disputes and claims which subsist between the said state, and the state of South-Carolina relative to boundary, and to establish and permanently fix a boundary between the two states: And the said state of Geor- Declaration of gia did also declare, that it would at all times thereafter ratify Georgia. and confirm all and whatsoever the said last mentioned commissioners or a majority of them should do in and touching the premises, and that the same should be for ever binding on the said state of Georgia: And whereas the said Charles Cotes- Convention of worth Pinckney, Andrew Pickens, Pierce Butler, John Habersham, and Lachlan M'Intosh, Esq'rs. commissioners on the part of the states of South-Carolina and Georgia respectively, did by mutual consent assemble at the town of Beaufort, in the state of South-Carolina, on the twenty-fourth day of April, 1787, in order to the due execution of their respective trusts, and did reciprocally exchange and consider their full powers, and did declare the same legal and for ever binding on both states, and on conferring on the most effectual means of adjusting the differences subsisting between the said states, and of establishing and permanently fixing a boundary between them, did mutually agree for and in behalf of their respective states to the following articles, that is to say: the commis sioners. convention. Article I. The most northern branch or stream of the river Articles of tl: Savannah from the sea or mouth of such stream in the fork or confluence of the rivers now called Tugoloo and Keowee, and Boundary from thence to the most northern branch or stream of the said lines. river Tugoloo till it intersects the northern boundary line of South-Carolina, if the said branch or stream extends so far north, reserving all the islands in the said rivers Tugoloo and Savannah to Georgia; but if the head spring or source of any TIT. 27. A. A. 1788. The navigation of Savan nah and Tu common. branch or stream of the said river Tugoloo does not extend to the north boundary line of South-Carolina, then a west line to the Mississippi to be drawn from the head spring or source of the said branch or stream of Tugoloo river, which extends to the highest northern latitude, shall for ever hereafter form the separation, limit and boundary between the states of SouthCarolina and Georgia. Art. II. The navigation of the river Savannah at and from the bar, and mouth, along the north east side of Cockspur goloo rivers island, and up the direct course of the main northern channel along the northern side of Hutchinson's island, opposite the town of Savannah to the upper end of the said island, and from thence up the bed or principal stream of the said river to the confluence of the rivers Tugoloo and Keowee, and from the confluence up the channel of the most northern stream of Tugoloo river to its source, and back again by the same channel to the Atlantic ocean, is hereby declared to be henceforth equally free to the citizens of both states, and exempt from all duties, tolls, hindrance, interruption or molestation whatsoever, attempted to be enforced by one state on the citizens of the other; and all the rest of the river Savannah to the southward of the foregoing description, is acknowledged to be the exclusive right of the state of Georgia. Cession of S. Cession of red. Lands grant ed by Georgia Art. III. The state of South-Carolina shall not hereafter claim any lands to the eastward, southward, south-westward, or west of the boundary above established, but hereby relinquishes and cedes to the state of Georgia all the right, title and claim which the said state of South-Carolina hath to the government, sovereignty and jurisdiction in and over the same, and also, the right of pre-emption of the soil from the native Indians, and all other the estate, property and claim which the state of South-Carolina hath in or to the said lands. Art. IV. The state of Georgia shall not hereafter claim any lands to the northward and north-eastward of the boundary above established, but hereby relinquishes and cedes to the state of South-Carolina all the right, title and claim which the said state of Georgia hath to the government, sovereignty and jurisdiction in and over the same, and also the right of preemption of the soil from the native Indians, and all other the estate, property and claim which the state of Georgia hath in or to the said lands. Art. V. The lands heretofore granted by either of the said First grantees states between the forks of Tugoloo and Keowee, shall be the to be prefer- private property of the first grantees and their representative heirs and assigns; and the grantees of any of the lands under the state of Georgia shall within twelve months from the date hereof cause such grants or authentic copies thereof, ratified under the seal of the state of Georgia, to be deposited in the office of the secretary of the state of South-Carolina, to the end First grantees that the same may be recorded there, and after the same shall have been so recorded, the grantees shall be entitled to receive again from the said secretary their respective grants or the copies thereof, whichsoever may have been so deposited, without any charge or fees of office whatsoever, and every before the convention preferred grants to be recorded. grant, or of which the copy certified as abovementioned, shall TIT. 27. not be so deposited, shall be adjudged void. ted. Art. VI. The commissioners on the part of the state of Titles of indiSouth-Carolina do not by any of the above articles mean to viduals not cede, relinquish or weaken the right, title and claim of any of compromit. the individual citizens of the state of South-Carolina to any lands situated in Georgia, particularly to the lands situated to the south or south-west of the river Altamaha, and granted during the administration of governor Boone, in the year 1763, and they do hereby declare, that the right and title of the said citizens to the same, is and ought to remain as full, strong and effectual as if this convention had not been made. The commissioners on the part of the state of Georgia do decline entering into any negotiation relative to the lands mentioned in this article, as they conceive they are not authorized so to do by the powers delegated to them. 4. Be it therefore ordained, That the said convention and Ratification of all the articles thereof shall be for ever binding on the state of the convenSouth-Carolina, and that the same is hereby fully and absolutely ratified and confirmed. tion. between the two states, 5. Whereas at a time when South-Carolina and North-Caro- A. A. 1804. lina acknowledged the sovereignty of the British government, The dispute a line was run under the authority of the said government, by with N. Carocommissioners duly appointed, and the boundaries between lina about the the then provinces, (now states) aforesaid, clearly ascertained boundary line and fixed; and from that period until the present time, the country has exercised constant and uninterrupted jurisdiction stated. over all the inhabitants who have resided within the lines which were then ascertained, and acknowledged to be the lines of South-Carolina: And whereas nevertheless, the state of North-Carolina hath, at sundry times, manifested a desire to ascertain and designate the line which is the boundary between the two states: And whereas, it is unknown to this general assembly what the specific claims set up by the said state of North-Carolina, in this behalf are; but being sincerely desirous that all claims and differences between this state and the state of North-Carolina, should be ascertained and adjusted in the most amicable manner, will appoint commissioners to ascertain and fix the same: 6. Be it therefore enacted, That three commissioners be ap- Commissionpointed by his excellency the governor or commander in chief ers to be apof this state for the time being; and full pointed to and authority power treat with is hereby given unto them, or a majority of them, to meet the commissioncommissioners who already are, or hereafter may be appoint- ers on the ed by the state of North-Carolina, at such time and place as part of North the executives of the said states shall appoint and direct; and Carolina on with them to settle and adjust all and singular the differen- the subject of ces, disputes, controversies and claims whatsoever, respecting dispute. the territory and boundaries between this state and the state of North-Carolina: And that whatsoever the said commission- Their powers. ers hereby appointed, or a majority of them, shall do or cause to be done in the premises, shall become binding and obligatory to all intents and purposes whatsoever, on the said state. TIT. 27. A. A. 1804. of South-Carolina, so soon as the same shall be ratified and confirmed by the legislature thereof, and not before. 7. And be it further enacted, That the said commissioners, or a majority of them, shall have full power, and they are hereby authorized to employ such and so many persons as they shall deem necessary, for the purpose of carrying this act into complete effect, according to the true intent and meaning thereof. How vacan- 8. And be it further enacted, That in case of the death, cies are to be resignation, incapacity or refusal to act, of all or either of the filled. commissioners so to be appointed, his excellency the governor or commander in chief for the time being, shall have full power, and he is hereby required, from time to time, to appoint another fit and proper person, to act in the place and stead of the commissioner who shall die, resign, remove, become incapable or refuse to act. Powers of persons ap missioners. 9. And be it further enacted, That every commissioner so to be appointed by the governor or commander in chief for pointed com- the time being, as is herein before directed, shall have, and is hereby invested with full powers, to all intents and purposes whatsoever to carry the said act into full and complete effect, according to the true intent and meaning thereof. Governor to notify the commission ers of the time and place of their meeting. Proviso. A. A. 1813 Preamble. Recital. 10. And be it further enacted, That his excellency the governor or commander in chief for the time being, as soon as he shall have agreed with the executive of North-Carolina, on the time and place of meeting of the commissioners of this state, with the commissioners of the state of North-Carolina, shall notify them thereof, and commission them under his hand, and the seal of this state, to carry this act into effect. 11. Provided nevertheless, and be it also enacted, That nothing herein contained, shall be construed so as in any manner to invalidate, or impair, or impugn the right or title which the said state of South-Carolina hath to the whole or any part of the said disputed territory, until the state of North-Carolina shall have so altered her bill of rights, as to enable the legislature thereof to ratify and make valid to all intents and purposes, all and singular the actings and doing of the said commissioners, appointed or to be appointed, on the part of the state of North-Carolina. 12. Whereas commissioners on the part of the state of South-Carolina, and on the part of the state of North-Carolina, being duly and properly authorized, did meet at M'Kenney's, on the Toxaway River, in the state of South-Carolina, on the fourth day of September, in the year of our Lord one thousand eight hundred and thirteen, and did make and enter into a provisional article of agreement relative to the boundary line in the following words, viz. "A provisional article of agreement entered into, between the commissioners of the state of South-Carolina, and the commissioners of the state of North-Carolina, at M'Kinney's, on Toxaway river, on the fourth day of September, in the year of our Lord one thousand eight hundred and thirteen. Whereas, the undersigned Joseph Blyth, Henry Middleton and John Blasingame, on the part of South-Carolina, and John Steel, Montfort Stokes and Robert Burton, on the part of the state of North-Carolina, duly appointed commissioners by their respective states, to carry into effect a conventional agreement, on boundary, signed at Columbia in the state of South-Carolina, on the 11th day of July, 1808, did meet on the twentieth day of July last, near the termination of the line of 1772, and hath continued their meetings by several adjournments to this present date. And whereas, the said conventional agreement by the third article thereof, provides," that from the termination of the line of 1772, a line shall be extended in a direct course to that point in the ridge of mountains, which divide the eastern from the western waters, where the 35th degree of north latitude shall be found to strike it nearest to the termination of the said line of 1772, thence along the top of the said ridge, to the western extremity of the state of South-Carolina :" TIT. 27. the commis 13. The commissioners above named, after having ascertain- Conventional ed from the observations and reports of the astronomer accom- article recompanying them, the thirty-fifth degree of north latitude at sev-mended by eral points, and lastly on the eastern bank of the Chatooga sioners. river, and after conferring fully on the matters committed to them, perceiving real difficulties to exist in the execution, and having on each part maintained different opinions, as to the practicability of fixing a boundary line, according to the true intent and meaning of the said article, considering nevertheless that it is essential to the interest and convenience of both states, that a line of separation and limits should be ascertained, and established with as little delay as possible, the said commissioners have agreed, and do hereby agree, to recommend to the legislatures of their states respectively, the following article, as a substitute for the said third article of the conventional agreement, which substitute when ratified by the legislatures of the said states, shall be, to all intents and pur poses binding and conclusive and not before, viz.: From the termination of the line of 1772, a line shall be extended due west to the ridge dividing the waters of the north fork of Pacolet river, from the waters of the north fork of Saluda river, thence along the said ridge to the ridge that divides the Saluda waters from those of Green river, thence along the said ridge to where the same joins the main ridge which divides the eastern from the western waters, thence along the said ridge to that part of it which is intersected by the Cherokee boundary line, run in the year 1797; from the centre of the said ridge at the point of intersection, the line shall extend in a direct course to the eastern bank of the Chatooga river, where the thirty-fifth degree of north latitude has been found to strike it, and where a rock has been marked by the aforesaid commissioners, with the following inscription, viz. LAT. 35, 1813.. It being understood and agreed that the said lines shall be so run as to leave all the waters of Saluda river within the state of South-Carolina, but shall in no part run north of a course due west, from the termination of the line of 1772. In testimony whereof, we have hereunto set our hands and affixed our seals, as commissioners of our respective states, at M'Kenney's, in the state of South-Carolina, the 4th day of Sep VOL. I. N |