Connty of Kentucky-agreed

lires.

Line of Virginia

and North Carolina.

ary and jurisdiction of Virginia to the northwest bank of the Ohio river. Virginia retained the sovereign right and jurisdiction over the entire bed of the Ohio river within her chartered lines.

The act establishing the county of Kentucky, above referred to, thus describes the boundary of the same: "All that part thereof (that is, of the county of Fincastle) which lies to the south, and westward of a line beginning on the Ohio river, at the mouth of Great Sandy creek, and running up the same, and the main and northeasterly branch thereof, to the great Laurel Ridge, or Cumberland Mountain, and thence southwesterly along the said mountain to the line of North Carolina." This boundary constituted what was the District of Kentucky on the 18th of December, 1789, as limited on the northwestern boundary by the act of cession by Virginia to the United States, in 1784. What was the main and northeasterly branch of Great Sandy, and what was the particular line of the great Laurel Ridge or Cumberland Mountains, subsequent to the admission of Kentucky into. the Union as an independent State, became matter of dispute between Virginia and Kentucky. To settle and adjust this dispute, the two States appointed commissioners with full powers to settle all questions of doubt and difficulty as to the boundary between the two States. The commissioners agreed upon the following line: To begin at the point where the Carolina (now Tennessee) line crosses the Cumberland Mountains, keeping between the head waters of Cumberland and Kentucky rivers, on the west side thereof, and the head waters of Powell's and Guest's rivers, and the Pond Fork of Sandy on the east thereof, continuing along the top or highest point of said mountain, crossing the road leading over the same at the Little Paint Gap, where by some it is called the Hollow Mountain, and where it terminates at the west fork of Sandy, commonly called Russell's Fork; thence with a line to be run north, forty-five degrees east, till it intersects the other great principal branch of Sandy, commonly called the northeastwardly branch thereof; thence down the said northeastwardly branch to its junction with its main west branch, and down main Sandy to its junction with the Ohio.

The line which divided Virginia and North Carolina was the southern boundary of the State of Kentucky. Virginia

and North Carolina, prior to the creation of the States of Kentucky and Tennessee, appointed commissioners, Messrs. Walker and Henderson, to run and mark the line on the parallel of latitude thirty-six degrees thirty minutes. From a point on the top of the Cumberland Mountains, now the southeastern corner of the State of Kentucky, the commissioners, jointly, did not run the line west. One of the commissioners (Mr. Walker) run and marked the line to a point on the Tennessee river. This line, called Walker's line, was Walker's line. regarded for many years as the dividing line between the States of Kentucky and Tennessee. It was ascertained, however, that the line, as run and marked by Walker, was north of latitude thirty-six degrees thirty minutes. After the Indian title to the land west of the Tennessee river was extinguished by the treaty of 1819, the Legislature of Kentucky appointed Robert Alexander and Luke Munsell to ascertain the true point of latitude thirty-six degrees thirty minutes on the Mississippi river, and to run and mark a line east upon that parallel. This was done as far east as the Tennessee river. The two States subsequently appointed commissioners, vested with full powers to settle and adjust all matters concerning the boundary between them. The commissioners entered into an agreement, which was subsequently ratified by the Legislatures of the two States, and the line therein described has been ever since the southern boundary of the State of Kentucky. The Supreme Court, in the case of Hundley's lessee vs. Anthony, 5 Wheaton, 375, and the Court of Appeals, in the case of Fleming vs. Kenny, 4 F. J. M., 158, have decided that the boundary and juris- Wheaton, 375; diction of the State of Kentucky extend to low water mark on the western or northwestern side of the river Ohio.

(a) The State of Kentucky covers a portion of the territory that, under the colonial system, constituted the county of Augusta, in Virginia.

The county of Augusta was formed in 1738, in the 12th year of George II, by an act of the Colonial Legislature, then held at the Capitol in Williamsburg. For the boundary of the same, see Hening's Statutes at Large, volume 5,

page 79.

In 1769, in the 10th year of George III, the county of Augusta was divided, and the county of Botetourt carved

Boundary on the tends to low wa

Ohio river ex

ter mark on the western or northwestern side. 5

4 J. J. M., 158.

out of the same. For the boundary of Botetourt county, see Hening's Statutes at Large, volume I, page 395.

In 1772, in the 12th year of George III, the county of Botetourt was divided, and the county of Fincastle carved out of the same. For the boundary of the county of Fincastle, see Hening's Statutes at Large, volume 8, page 600.

In 1776, in the first year of the Commonwealth of Virginia, the county of Fincastle was divided into the three counties, Kentucky, Washington, and Montgomery. The boundary of Kentucky, as given in the act, is as follows: "All that part thereof which lies to the south and westward of a line beginning on the Ohio, at the mouth of Great Sandy creek, and running up the same and the main and northeasterly branch thereof to the Great Laurel Ridge or Cumberland Mountain, thence southwesterly along the said mountain to the line of North Carolina, shall be one distinct county, and called and known by the name of Kentucky." See Hening's Statutes at Large, volume 9, page 257; 1 Litt. Laws of Kentucky, page 626.

(b) An Act establishing the boundary line between the State of Virginia and this Commonwealth, approved December 12th, 1799. (2′ Litt., 276.) WHEREAS, Commissioners appointed by the State of Virginia and this Commonwealth, did, in order to ascertain and establish the boundary line between the said States, on the fourteenth day of October last, enter into a written agreement under their hands and seals, which is in the following words, to wit: "The commissioners for ascertaining and adjusting the boundary lines between the States of Virginia and Kentucky, appointed pursuant to the act of separation between the two States, to-wit: Archibald Stewart, General Joseph Martin, and Creed Taylor, Esquires, on the part of the former, and John Coburn, Robert Johnson, and Buckner Thruston, Esquires, on the part of the latter, having this day met at the forks of Great Sandy river, according to appointment, and taken into consideration the said act of separation, have, and by these presents do unanimously agree and declare, that the boundary line between the said States is and shall be and remain as followeth, to-wit: To begin at the point where the Carolina, now Tennessee, line crosses the top of the Cumberland Mountain, near Cumberland Gap; thence northeastwardly along the top, or highest part of the said Cumberland Mountain, keeping between the head waters

of Cumberland and Kentucky rivers, on the west side thereof, and the head waters of Powell's and Guest's rivers, and the Pond Fork of Sandy, on the east side thereof, continuing along the said top, or highest part of said mountain, crossing the road leading over the same at the Little Paint Gap, where by some it is called the Hollow Mountain, and where it terminates at the west fork of Sandy, commonly called Russell's Fork; thence with a line to be run north forty-five degrees east till it intersects the other great principal branch of Sandy, commonly called the northeastwardly branch; thence down the said northeastwardly branch to its junction with the main west branch, and down main Sandy to its confluence with the Ohio; and whereas, doubts have heretofore prevailed which of the main branches of Sandy the act for dividing the county of Fincastle (which is the act referred to for the line between the two States) meant and intended that the line should run up, and locators have been led into errors in entering their land warrants; it is therefore unanimously further agreed between the said commissioners, that no land claims founded on entries within the forks of Sandy, or east of the Cumberland Mountain on the waters of Sandy, previous to the first day of October, one thousand seven hundred and ninety-nine, on either side of the before-mentioned line to be run from the end of the said Cumberland Mountain to intersect the said main northeastwardly branch of Sandy, ought to be in anywise affected by said doubts which have existed respecting the said line; but that the said claims ought to remain valid and secure as if no such doubts had existed, or as if the said territory had been within the acknowledged limits of either State; that is to say, that all entries of land made in the offices of either State, which by this adjustment of the line falls into the other, shall be as valid as if made in the offices of that State in which the land lies; and that it be recommended to the said States to pass mutual laws for the ratification of the said claims pursuant to the meaning and intent of this agreement between us; and that until such laws shall be passed, this instrument shall not be in force, but shall take full effect immediately after the passage of such laws;" and whereas, this Commonwealth does approve of and is willing to ratify and confirm the said agreement on its part.

Be it therefore enacted by the General Assembly, That the boundary line, as ascertained and described in the said agreement, is hereby ratified and confirmed; and all entries for lands made in the offices in the State of Virginia, previous to the first day of October, 1799, lying in the forks of the Sandy or east of the Cumberland Mountain on the waters of Sandy, which by the establishment of the boundary line as aforesaid, do fall within the limits of this State, shall be as good and valid as if they had been made in the proper offices of this Commonwealth.

This act shall commence and be in force so soon as the State of Virginia shall, in conformity to the aforesaid agreement, on its part, pass a similar law.

(c) An Act to ratify and confirm the adjustment of the boundary line between this State and the State of Tennessee, according to the articles of stipulation entered into by the Commissioners appointed by both States. Approved February 11, 1820. (S. A., p. 922.)

WHEREAS, Commissioners appointed by the State of Tennessee, with full powers to settle and adjust the boundary line between said State and this Commonwealth, have entered into an agreement with commissioners appointed on the part of this State to confer with said commissioners appointed by the State of Tennessee, which agreement, reduced to writing, bearing date the second day of February, one thousand eight hundred and twenty, and signed with the names and under the seals of the commissioners of both States, in the words and figures following, to-wit:

The States of Kentucky and Tennessee, desirous of terminating the controversy which has so long subsisted between said States in relation to their common boundary, and of restoring the most perfect good understanding and harmony between them, have, for that purpose, appointed their respective commissioners, that is to say: the State of Kentucky on her part has appointed John J. Crittenden and Robert Trimble, and the State of Tennessee on her part has appointed Felix Grundy and William L. Brown, who, after a reciprocal communication of their respective powers, have agreed upon the following articles and stipulations:

ARTICLE I.

The line of boundary and separation between the States of Kentucky and Tennessee shall be as follows, to-wit: The line run by the Virginia commissioners in the year seventeen