BOUNDARY mander-in-chief for the time being, shall have full power, and he is DOCUMENTS. 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 ted commissioners. And be it further enacted by the authority aforesaid, That every compersons appoin- missioner so to be appointed by the governor or commander-in-chief for 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 commissioners of the time and place of their meeting. cy And be it further enacted by the authority aforesaid, That his excellenthe 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. Provided nevertheless, and be it also enacted by the authority aforesaid, In the Senate House, the twenty first day of December, in the year of our JOHN WARD, President of the Senate. W. C. PINCKNEY, Speaker of the House of Representatives. AN ACT, For ratifying and confirming a provisional agreement entered into between 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'Kinney's, on the Toxaway river, in the state of 1 South Carolina, on the fourth day of September, in the year of our Lord BOUNDARY DOCUMENTS. 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 Blythe, 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 divides 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." The commissioners above named, after having ascertained from the observations and reports of the astronomers accompanying them, the thirty-fifth degree of north latitude at several points, and lastly on the eastern bank of the Chatooga 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 purposes, binding and conclusive, and not before, to wit: From the termination of the line of one thousand seven hundred and seventy-two, 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 one thousand seven hundred and ninety-seven; 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. VOL. I.-53. BOUNDARY DOCUMENTS. In testimony whereof, we have hereunto set our hands and affixed our seals, as commissioners of our respective states, at M'Kinney's, in the state of South Carolina, the 4th day of September, in the year of our Lord one thousand eight hundred and thirteen, and of the Independence of the United States of America the thirty-eighth. (Signed,) JOSEPH BLYTHE, L. s. JOHN BLASINGAME, L. 8. MONTFORT STOKES, L. s. ROBERT BURTON, L. s. Signed, sealed, and interchangeably delivered by the commissioners of the two states, in the presence of us, who have hereunto subscribed as witnesses. (Signed,) GEORGE BLACKBURN, Be it therefore enacted by the honorable the Senate and House of Representatives now met and sitting in general assembly, and by the authority of the same, That the said provisional article of agreement, and every part thereof, is hereby fully and absolutely ratified and confirmed, and the same is likewise hereby substituted for, and in the room and stead of the said third article of the conventional agreement on houndary, signed in Columbia, in the state of South Carolina, on the 11th day of July, one thousand eight hundred and eight. Provided however, That if the state of North Carolina should contest, or refuse to ratify, or call in question, the agreement so entered into by the said commissioners, under any pretext whatever, all the rights, claims and pretensions of the state of South Carolina in relation thereto shall revive and exist in the same force and effect as before the passing of this act. In the Senate House, the seventeenth day of December, in the Year of our SAVAGE SMITH, President of the Senate, JOHN GEDDES, Speaker of the House of Representatives. AN ACT, Ratifying and confirming the convention between the commissioners of the states of South Carolina and North Carolina, establishing the dividing line between the said states, concluded at Greenville, in the State of South Carolina, on the 2d day of November, 1815. WHEREAS Joseph Blythe, John Blasingame, and George W. Earle, on the part of the state of South Carolina, and Thomas Love, Montford Stokes, and John Patton, on the part of the state of North Carolina, were duly appointed and authorized on the part of their respective states, to run and mark the dividing line between the said States of South Carolina and North Carolina, agreeably to the provisional agreement entered into at M'Kenny's, on Toxaway river, on the 4th day of September, 1813, and subsequently ratified by the said states respectively and whereas the said Joseph Blythe, John Blasingame and George W. Earle, on the part of the said state of South Carolina, and the said Thomas Love, Montford Stokes, and John Patton, on the part of the said state of North Carolina, have, in pursuance of the powers vested in them by their respective States, proceeded to run and mark the said line, and have jointly and interchangeably concurred in and submitted a report under their hands and seals, on the subject of the said line, which report is in the words and figures following, to wit: : To his Excellency David R. Williams, Esquire, Governor of the State of South Carolina, and his Excellency William Miller, Esquire, Governor of the state of North Carolina. The joint report of the commissioners appointed to run and mark the dividing line between the states of South and North Carolina : We the undersigned, Joseph Blythe, John Blasingame, and George W. Earle, on the part of South Carolina, and Thomas Love, Montford Stokes, and John Patton, on the part of North Carolina, duly appointed commissioners by their respective states, to run and mark the dividing line between the states aforesaid, agreeably to the provisional article of agreement entered into at M'Kenny's, on Toxaway river, on the fourth day of September 1813, and subsequently ratified by the legislatures of the said states respectively, Report, That in pursuance of their instructions, they met at the house of Mrs. Earle, on North Pacolet, in Rutherford county, in the state of North Carolina, on the 11th day of September, A. D. 1815, and afterwards by several adjournments at different places on the said dividing line, and lastly at Greenville, in the state of South Carolina, on the 2d BOUNDARY DOCUMENTS DOCUMENTS. BOUNDARY day of November, A. D. 1815. Having appointed George Salmon, surveyor on the part of South Carolina, and Maj. Ross Alexander, surveyor on the part of North Carolina; and having ascertained by observation and by actual experiment, that a course due west, from the termination of the line of 1772, did not strike the point of the ridge dividing the waters of the north fork of Pacolet river from the waters of the north fork of Saluda river, in the manner contemplated by the commissioners who formed the said agreement; and finding also, that running a line on the top of the said ridge, so as to leave all the waters of Saluda river within the state of South Carolina, would, in one place, run a little north of a course due west from the termination of the said line of 1772, consequently, that the said provisional article of agreement entered into at M'Kenny's, on Toxaway river, in 1813, could not be strictly and literally carried into effect. The commissioners of the said states respectively, did, however, proceed to run and mark a line due west from the termination of the line of 1772, four miles and 90 poles to a stone marked S. C. and N. C. and from thence south 250 west, to the top of 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 top of said ridge, to a stɔne set up due west from the termination of the said line of 1772, marked as a corner, thence a direct line due west, crossing three small branches of Saluda river, to the top of the ridge dividing the waters of Saluda river 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 a place called the commissioners' camp, near Benson's Gap turnpike road; at which place, in a full board of the said commissioners of both states, it was agreed that for the purpose of having a natural boundary as far as to the Cherokee boundary line, run in the year 1797, a line should be run on the ridge round the head springs of the north fork of Saluda river, so as to leave all the waters of Saluda within the state of South Carolina; considering it therefore, as essential to the interests and convenience of both states, that a line of separation and limits should be established with as little delay as possible, the said commissioners, in the spirit of reciprocal accommodation, have mutually agreed to, and have run and marked the line hereinafter described, and do unanimously recommend that the same be established by the legislatures of the respective states, as the line intended by the provisional article aforesaid, and as the permanent line of separation between the said states, that is to say: Beginning at a stone set up at the termination of the line of 1772, and marked S. C. and N. C. September 15th 1815, running thence west four miles and 90 poles, to a stone marked S. C. and N. C. thence south 25 west, 118 poles to the top of 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 various courses of the said ridge, (agreeable to the plat and survey, signed by the commissioners and surveyors aforesaid, and accompanying this report) to the ridge that divides the Saluda waters from those of Green river, thence along the various courses of the said ridge, agreeably to the said plat and survey, to a stone set up where the said ridge joins the said ridge which divides the eastern from the western waters, and which stone is marked S. C. and N. C. September 28th, A. D. 1815, thence along the various courses of the said ridge, agreeable to the said plat and survey, to a stone set up on that part of it which is intersected by the Cherokee boundary line, run in the year 1797, and which stone is |