185!. RESOLUTIONS.

or parcel of laud, situate, lying and being in America,
bounded within the heads of the rivers Rappahannock and
Potomac," were not at all inconsistent, nor could they by
any rational construction clash with each other. The grant
under which Fairfax claimed, having nothing upon the face
of it that, could excite the jealousy of Baltimore, and being
much engaged with the Penn's, in settling his northern limits
it does not appear that he thought any thing about it at
first; and no adversary or other proceedings were at any
time instituted by Fairiax or those under whom he claim-
ed, against Baltimore, to settle any dispute, in regard to
the division of the grant of the Northern Neck, and that
of the Maryland charter. There was a dispute between
Fairfax and the Governor of Virginia, relative to conflict-
ing territorial claims which terminated by proceedings to
which Baltimore was no party; "and of the existence of
which he and his government appear to have had no know-
ledge before they were terminated. Mr. M'Mahon in his
History of Maryland, says it appears in seventeen hun-
dred and thirty-three, a person was preferred by Fairfax
to the King in Council, praying that a commission
might issue for running and marking the dividing line be-
tween his grant and the Province of Virginia; and that the
commission was accordingly issued, and t the survey made
and reported in August, seventeen hundred and thirty-se-
ven. In December seventeen hundred and thirty eight
these reports were referred to the consideration of the
council for plantation affairs, by whom a report was made
in seventeen hundred and forty-five, which determined the
head springs of the Rappahannock and Potomac, and di-
rected that a commission should issue to extend the line.
This report was confirmed by the King in Council, and the
line being adjusted in conformity to it, an act was passed
by the General Assembly of Virginia, in the year seventeen
hundred and forty-eight, which adopts the order in coun-
cil, and confirms all previous grants made by the Crown,
of land lying within the limits of the Fairfax grant."—
The judgment of the King in form, is not known, except
so far as it is recited in the Virginia act of seventeen hun-
dred and forty-eight: that act recites several things in the
following words: " Whereas, in the late dispute and con-
troversy touching the limits and boundaries of the several
letters patent granted by their late Majesties King Charles
the second, and King James the Second, unto the ances-
tors of the Right Honorable Thomas Lord Fairfax, it hath
been adjudged and determined by his present majesty in
Council, that the said letters patent do include all that traet