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elevation, which has now entirely disappeared. Smith
noted it as a triangular extension of the mainland into the
bay; in 1665 persons who bad then recently seen it de-
scribed it as " a small spiral point," whatever that may
mean; and later evidence shows that there was a peach
orchard upon it. In a sworn affidavit of Captain J,,nes,
used in 1665 by Virginia, it is referred to as 11 a small point
described on Captain Smith's map without a name."
Why should we suppose this to be tile place called for in
the charter as Watkins Point? It was not so nominated
on the map or anywhere else. Smith, so far from ever
speaking or writing about it as Watkins Point, gave it
another and a di$erent name. Dr. Russell, who was with
him when he made his explorations, says that it was called
Point Plover, I- in honour of that most hunoralde house of
Monsey, in Brittaius, that in an extreme extremity once
relieved our Captaine." Can anything be more complete
than the failure of this effort to substitute the place called
Point Plover for the place called Watkins Point?
But it is said that Scarborough and Calvert agreed in
1668 that the line from the sea should run to the Anna-
messex, and not to the Pocomoke. That is not the point
of the present question. We are now inquiring where the
boundaries were originally fixed. A conventional arrange-
ment of those Commissioners might bind their constituents
for the after time, bat it could not change the preexisting
facts of the case or make that a false which before was a
true interpretation of the charter. Nor is any opinion or
conclusion expressed or acted upon by them entitled. to
much consideration as evidence. If Philip Calvert thought
that the charter limit was at Point Plover he was grossly
deceived, and Col. Scarborough knew very well that it was
not there, for he had previously declared on his corporal
oath that the "small spiral point" near the Annames,ex
was south of the charter call 11 about as far as a man
could see on a clear day."
Some stress is laid upon anotber fact. In 1851 the
Fashion, a vessel- of which John Tyler, a Marylander, was
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