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16
VOTES and PROCEEDINGS, November, 1796.
the late colonel Thomas Cresap was employed by the proprietor of Maryland
to explore the country,
and to report the facts that might lead to a decision on this subject,
but the country them being little
known, and in the possession of savages it is probable he judged more from
appearance, than from
any actual survey of it; he reported in favour of the north branch,
and for some time after that was
generally supposed to be the first fountain of the river Patowmack.
Afterwards, however, a different
opinion prevailed, and the late proprietors of Maryland always claimed
the land, and in some
instances made grants thereof, lying between the north and south branches
of that river. At length
a negotiation commenced between the proprietor of Maryland, and lord Fairfax,
the then proprietor
of that part of Virginia, respecting this subject; and by consent it would
have been established, that
the first fountain of Patowmack was at the head of the south branch of
that river, if the crown of
Great-Britain had not been interested in the question, and therefore
it became necessary to lay the
circumstances then existing before the king and council, and to obtain
their approbation and concurrence
before any effectual regulation could take place; and while matter were
thus suspended,
the revolution commenced, which finally deprived all parties of the interest
in the subject.
During the war the citizens of Virginia began to take
up, and immediately after the peace to settle,
the lands between the north and south branches of Patowmack; and the
whole of that country,
containing 462,480 acres of land, hath ever since been, and now is, occupied
or claimed by the
state of Virginia, or persons holding under grants issued by that state.
But if, upon a full investigation
of this subject, it shall be found that the first fountain of Patowmack
is at the head of the
north branch of that river, still it is of essential consequence to
this state to have the real head or
fountain of that branch of the river fixed and well ascertained.
There are three springs, or small
rivulets, that unite after running a small distance, and the possessions
under the title of this state are
at present confirmed to a meridian line drawn from the most southern of
those springs, and the lands
to the westward of that meridian line are taken up and held under grants
issued by the state of Virginia,
although both the other springs extend further to the westward, and
one of them near three
miles. Should this last mentioned spring be deemed the first fountain
from whence a meridian line
is to be drawn for our western boundary, it will give a country, in addition
to what the state now
possesses, of three miles broad and upwards of thirty miles in length.
On reviewing the law of nature and nations it will be
found, that prior occupancy can give no
title to Virginia in this instance; nor any length of time bar the claim
of this state, if it is otherwise
well founded--Political laws in this, and in most other countries,
regulate this subject among
the citizens of their respective states; but it cannot be done between
independent governments, unless
by treaty.
Should the legislature of this state persist in the
wish to settle the bounds of this state and Virginia
in the manner proposed by the resolve of the last session, (and which has
been delayed by the state
of Virginia not having made any appointment of commissioners for that purpose,)
it will be necessary
to appoint another commissioner in the place of Mr. Pinkney, who is now
absent on public business,
and some other person instead of myself, as it will not be convenient to
me to attend further to this
subject.
I am with much respect,
Your very obedient servant,
WILLIAM COOKE.
14th Nov. 1796.
Endorsed; " By the senate, November, 17, 1796: read and referred
to the consideration of the
" house of delegates.
" By order,
A. VAN-HORN, clk."
Which was read, and referred to Mr. Wilson, Mr. Key
and Mr. Buchanan, to consider and
report thereon.
And the following message:
By the SENATE, November 17, 1796.
GENTLEMEN,
WE have appointed William Hammond Dorsey, John Selby
Purnell, and John Thomas, Esquires,
a committee on the part of the senate to join the gentlemen appointed by
your house, to
form a joint committee of both houses to compare and examine all bills,
from time to time during
the session, as soon as they shall be severally engrossed.
By order,
A. VAN-HORN, clk.
Which was read.
Mr. Chapman, from the committee, brings in and delivers
to Mr. Speaker the following report:
THE committee to whom was referred the petition
of Anne Dent and Theodore Dent, administrators
of Peter Dent, of Charles county, deceased, report, that they have taken
the same under their
consideration, and upon examination of the papers and circumstances, are
of opinion that the facts
stated therein are true, and that a law ought to pass, directing the
justices of the levy court of Charles
county to make inquiry into the circumstances of the case, and if proved
to the satisfaction of the
said justices, to levy on the assessable property of the county a sum of
money equivalent to the actual
lots of tobacco sustained, for the use of the representatives of the
said Peter Dent. All which
is submitted to the house.
By order,
S. LUCKETT, clk.
Which was read the first and second time, concurred
with, and leave given to bring in a bill pursuant
thereto. ORDERED, That Mr. Chapman, Mr Digges and Mr. Baker,
be a committee to
prepare and bring in the same.
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