Black & Jenkins Award,1877,
msa_sc_5330_8_12
, Image No.: 8
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Black & Jenkins Award,1877,
msa_sc_5330_8_12
, Image No.: 8
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How., 381.) Alabama claimed to the middle of the Chat- ahoochee by virtue of a boundary described in a concession from Georgia thus: "Beginning on the western bank of the Cbatahoochee river where the same crosses the boundary line between the United States and Spain; running thence up the said river and along the western bank thereof," &c. The court held that these words established the line of boundary upon the western bank. There is some resem- blance between that case and the one under consideration. The nortnern boundary of Maryland is by the charter to run westward to the true meridian of the first fountain of the Potomac. That point being ascertained, it shall turn at right angles and run towards (literally against) the south-,' vergendo versus meridiem "-where ? It ad ulteriorayn predicti fluminis ripam"-to the further bank of the afore- said river. Approaching the river from the north the further bank is the south bank of course. The description proceeds without a pause thus: ~l et eam sequendo qua plaga oceidentalis ad meridionalern spectat usque ad locum quendarn appellatum Cinquack." Now, the words °1 eam sequendo" are a direction that. something @hall be followed in. running the line between the point already fixed on the south bank of the Potomac, where it rises in the mountain, and Cin- quack, which is on the same side of the river, near to its mouth. What shall we follow? Clearly ezm ripam and clearly not id flum.en, if we take the grammatical sense of the phrase. Another consideration impresses us a good deal. Lawyers -in the reign of Charles I wrote Latin in the idiom of the vernacular tongue. We would naturally expect to see the thought of these parties expressed by words arranged in the English order, thus: ad ulteriorem ripam predicti ,fluminis et sequendo cam. The other and more classical collocation was not adopted for its euphony, but for the sake of precision. It brought ripam and eam into close juxtaposition, and -made the antecession so im- mediate that it could not be mistaken. The interjected phrase 1° qua playa occidentalis ad meridionalem spectat" has had its share of the minute verbal criticism bestowed upon