Imagens das páginas
PDF
ePub

hundred and seventy-nine, and seventeen hundred and eighty, commonly called Walker's line, as the same is reputed, understood, and acted upon by the said States, their respective officers and citizens, from the southeastern corner of Kentucky to the Tennessee river; thence with and up said river to the point where the line of Alexander and Munsell, run by them in the last year under the authority of an act of the Legislature of Kentucky, entitled "An act to run the boundary line between this State and the State of Tennessee, west of the Tennessee river, approved February 8th, 1819," would cross said river, and thence with the said line of Alexander and Munsell to the termination thereof on the Mississippi river below New Madrid.

ARTICLE II. It is agreed and understood, that from the point where Walker's line strikes the Tennessee river, to the point where the line of Alexander and Munsell would cross the same, the said Tennessee river shall be the common boundary of said States, and subject to their common use and concurrent jurisdiction. Any island or islands in that part of the river Tennessee which forms the common boundary between the two States shall be within the exclusive jurisdiction of Kentucky; but any appropriations thereof by individuals, heretofore made under the laws of North Carolina or Tennessee, shall be valid.

ARTICLE III. Whenever the Governor of either State shall deem it expedient to have the boundary between the two States, which is east of the Tennessee river, or any part thereof, run and plainly marked, he shall cause a notification thereof to be communicated to the Governor of the other State; and thereupon, with all convenient dispatch, two surveyors shall be appointed for that purpose, one by the Governor of each State; and the surveyors so appointed shall have power to employ a competent number of chain-carriers and assistants, and they shall ascertain, survey, and mark said line plainly and durably, having due respect to the provisions of the first article hereof; and it shall be the duty of said surveyors to make out and sign duplicate plats and reports of their surveys and proceedings, to be communicated by each surveyor to the Governor of his respective State, to be deposited and preserved in the office of Secretary of State, for a testimony and memorial of the boundary between said States. And all cost and expense that may be incurred under the provisions of this article, and in surveying and marking said boundary line, shall be paid by said States, jointly and equally.

ARTICLE IV. The claims to lands lying west of the Tennessee river, and north of Alexander's and Munsell's line, derived from North Carolina or Tennessee, shall be considered null and void; and claims to lands lying south of said line and west of Tennessee river, derived from Virginia or Kentucky, shall in like manner be considered null and void.

ARTICLE V. All lands now vacant and unappropriated by any person or persons claiming to hold under the States of North Carolina or Tennessee, east of the Tennessee river, and north of the parallel of latitude thirty-six degrees thirty minutes north, shall be the property of and subject to the disposition of the State of Kentucky, which State may make all laws necessary and proper for disposing of and granting said lands, or any part thereof, and may, by herself or officers, do any acts necessary and proper for carrying the foregoing provisions of this article into effect; and any grant or grants she may make therefor, or any part thereof, shall be received in evidence in all the courts of law and equity in the State of Tennessee, and be available to the party deriving title under the same; and the land referred to in this article shall not be subject to taxation by the State of Tennessee for five years, except so far as the same may, in the meantime, be appropriated by individuals.

ARTICLE VI. Claims to lands east of the Tennessee river, between Walker's line and the latitude of thirty-six degrees thirty minutes north, derived from the State of Virginia in consideration of military services, shall not be prejudiced in any respect by the establishment of Walker's line; but such claims shall be considered as rightfully entered or granted, and the claimants may enter upon said lands, or assert their rights in the courts of justice without prejudice by lapse of time, or from any statute of limitations for any period prior to the settlement of the boundary between the two States; saving, however, to the holders and occupants of conflicting claims, if any there be, the right of showing such entries or grants to be invalid and of no effect, or that they have paramount or superior titles to the land covered by such Virginia claims.

ARTICLE VII. All private rights and interests of lands between Walker's line, from the Cumberland river, near the mouth of Obey's river, to the southeastern corner of Kentucky, at the point where the boundary line between Virginia and Kentucky intersects Walker's line on the Cumberland Mountain, and the parallel of thirty-six degrees thirty minutes north latitude, heretofore derived from Virginia, North Carolina, Kentucky, or Tennessee, shall be considered as rightfully emanating from either of those States; and the States of Kentucky and Tennessee reserve to themselves, respectively, the power of carrying into grant claims not yet perfected; and in case of conflicting claims, if any there be, the validity of each claim shall be tested by the laws of the State from which it emanated, and the contest shall be decided as if each State, respectively, had possessed the jurisdiction and soil, and full power and right to authorize the location, survey, or grant, according to her own rules and regulations.

ARTICLE VIII. It is agreed that the foregoing articles shall receive the most liberal construction for effecting the objects contemplated; and should any disagreement arise as to the interpretation, or in the execution thereof, two citizens of the United States, but residents of neither Kentucky nor Tennessee, shall be selected, one by the executive of each State, with power to choose an umpire in case of disagreement, whose decisions shall be final on all points to them submitted.

ARTICLE IX. Should any further legislative acts be requisite to effectuate the foregoing articles and stipulations, the faith of the two States is hereby pledged that they will unite in making such provisions, and respectively pass such laws as may be necessary to carry the same into full and complete effect.

ARTICLE X. The foregoing articles and stipulations, if ratified by the Legislature of Kentucky during their present session, shall forever be obligatory and binding on both States, and take effect from this day.

In faith whereof, we, the respective commissioners, have signed these articles, and have hereunto affixed our seals. Done in duplicate at Frankfort, the second day of February, one thousand eight hundred and twenty.

JOHN J. CRITTENDEN, (SEAL.]
ROBERT TRIMBLE, [SEAL.]
FELIX GRUNDY, [SEAL.]

WILLIAM L. BROWN, (SEAL.] And whereas, this Commonwealth does approve and is willing to ratify and confirm each and every article and stipulation of the said agreement; therefore,

$1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the boundary line between the State of Tennessee and this Commonwealth, as described in said agreement, subject to be run and marked as therein provided, shall be, and the same is hereby, ratified and confirmed.

§ 2. Be it further enacted, That each and every article and stipulation of said agreement, either relating to the boundary line between the said States, or to the land claims of individuals, or to vacant and unappropriated lands, or to any other subject-matter in said agreement contained, shall be, and the same are hereby, ratified and confirmed, and shall be regarded in all courts of justice in this Commonwealth as the law of the land. *

$ 1. The boundary of the State of Kentucky is declared R. S., 211. to be as follows: Beginning at seven pines and two black State boundary

oaks on the top of Cumberland Mountain, on the Tennessee line, where it crosses said mountain, one mile and a half and twelve poles southwardly of the Cumberland Gap; thence

with Walker's old marked line south 86 degrees west, by the * Note.—Under authority derived from an act of the General Assembly of Kentucky, approved February 17th, 1858, entitled “An act for running the State line between Kentucky and Tennessee,” Austin P. Cox and Charles M. Briggs, Esquires, met commissioners appointed for the same purpose on the part of the State of Tennessee. In the year 1859 they did proceed, commencing at the termination of the boundary line upon latitude thirty-six degrees thirty minutes north on the Mississippi river, below New Madrid, and ascertained the true line dividing those States. Stones of proper dimensions are securely planted at the end of each mile of admeasurement, by which means there can henceforth be no conflict of jurisdiction between these sister sovereignties.

declared.

magnetic meridian, crossing the left hand fork of Yellow creek at one mile, crossing Mingo Mountain, and then crossing Bennett's fork of Yellow creek at five miles; then Log Mountain, crossing Bowman's fork of the Clear fork of Cumberland at nine miles; the Trace fork at twelve miles; Buffalo at fifteen; the Laurel fork at eighteen miles; Tom's creek at nineteen miles; and Primroy at twenty-one miles; then crossing Pine Mountain, and the Clear fork of Cumberland river, in the Lot at twenty-five miles; then crossing the Hackle knob to the Elk fork at twenty-eight miles; Indian creek at twenty-nine miles; then Gillico Mountain and Gillico creek at thirty-three miles; and the right hand fork of Gillico at thirty-six miles; Rock creek at forty-one miles; Marsh creek at forty-seven miles; the Roaring Ponch at forty-nine miles; Bear creek at fifty-four miles; the Big South fork of Cumberland at fifty-eight miles; Rock creek at sixty-eight miles; the left hand fork of the Little South fork at seventy-six miles; passing the Chimney or Pilot rock at seventy-eight miles; crossing the Poplar Mountain into Stockton's valley at eighty-seven miles; and Pike's turnpike road at ninety miles; then crossing Wolf river six times; then Sulphur Lick creek at one hundred and four miles; Kettle creek at one hundred and twelve miles; in all, one hundred and fourteen miles, to three hackberry trees on the bank of Cumberland river, opposite the point where Walker's old line strikes the west bank of Cumberland river, and about twenty-four poles above the house occupied by John Kerr in 1821 ; thence west with Walker's old line to the Tennessee river; thence with and up said river to the point where the line run by Alexander and Munsell, in 1819, strikes said river; the river being the common boundary between the two States, and subject to their common use and concurrent jurisdiction; and thence with the line run by Alexander and Munsell, on the parallel of latitude 36 degrees 30 minutes, to the middle of the channel of the Mississippi river, opposite the point on the Mississippi below New Madrid, fixed, marked, and ascertained by them as the point of intersection of said parallel of latitude and said river; thence up said river to the mouth of the Ohio river, including within the boundary of Kentucky the islands in said Mississippi river known by the numbers One, Two, Three, Five (or Wolf Island), and Eight; thence crossing

« AnteriorContinuar »