1831. RESOLUTIONS.

within the limits of Baltimore's charter. But that part of
her constitution may be fairly and properly construed to he
an express recognition of the right of Maryland to all the
territory contained "within the original charter from the
King of Great Britain to Lord Baltimore." The compact
of seventeen hundred and eighty-five, between the two states
was made to regulate and settle the jurisdiction and naviga-
tion of the Potomac, leaving the single question of the first
fountain of that river open, to be settled by some other ne-
gotiation. It is indeed, matter of great surprise to your
committee, that the Maryland commissioners, at the time of
that compact, did not make the decision of that single ques-
tion preliminary to every other arrangement.

5th. In obedience to the request of the senate, expressed
in the fifth resolution, your committee, upon inquiry, found
in the Land office of this state, a survey of the two branches,
which appears to have been made by Colonel Cresap,
some time, in the year of our Lord one thousand seven hun-
dred and seventy-one. The survey was evidently made
with the knowledge and approbation of the proprietary,
and probably under his express direction; but for what
purpose it does not distinctly appear. But if made with
fidelity, of which there is no reason to doubt, from the
well known and established character of Colonel Cresap,
it illustrates, and has established beyond all reasonable
doubt, that the South Branch flows from the first foun-
tain of the Potomac. "It presents a very accurate view
of the courses of the two branches, through the heads
of which meridians are drawn, for the purpose of deter-
mining their relative extent to the west. From the year
seventeen hundred and fifty-three, it appears to have been
continually held on the part of Maryland, that the South
Branch was the most western source;" and therefore the
first fountain: "But the survey of seventeen hundred and
seventy-one appears to have been the first actual examina-
tion and survey of the two branches, which was made with
this view. The papers connected with the settlement of
the expenses of the survey, shew that it was made under
the directors of the proprietary government; and it seems
probable that it was made, both for the purpose of inform-
ing the proprietary as to the true location of the branches,
and of furnishing a basis for any application which might
be made by him to the King in Council."—M'Mahon's
History of Maryland, vol. 1st, page 57. Your committee
invite the members of both branches of the legislature to
examine this survey. Though the surveyor who made it,
and the contending Lords whose interests were involved