Black & Jenkins Award,1877,
msa_sc_5330_8_12
, Image No.: 23
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Black & Jenkins Award,1877,
msa_sc_5330_8_12
, Image No.: 23
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22 either party afterwards? Our rendering may seem a strain upon the words, but we infer from the paper and the known facts of the case that the commissioners, instead of meeting at Watkins Point, came together on the east bank of the Pocomoke, from thence took a view of the country on the other side, and thereupon erroneously con- cluded that an east line running from Watkins Point would cross the Pocomoke at the place near Holston's, where they marked certain trees. This being satisfactory to themselves, they proceeded, without further prelim- inary, to mark the eastern end of the line between the river and the sea. Scarborough may have known that he was not on the true line, but if so, he kept his knowledge to himself. It is very certain that Calvert had full faith in the correctness of his work. No doubt he lived and died in the belief that the marks he assisted to make were on a due east line from the westermost angle of Watkins Point, properly so called. If any one thinks this a blunder too gross to be credited let him remember by whom it was shared. Herr- mann and all subsequent map-makers place the marks on the straight line where Calvert thought it was. All the public men of the colonies had the same opinion. The error was not discovered, nor even suspected, for more than a hundred years. But it is urged that the call of the charter is for a straight line; that commissioners were appointed to ascer- tain where it ran; that they did ascertain it, and marked a part of it; that their judgment being conclusive the whole line is established as certainly as if it had been marked. So far as this is a geometrical proposition it is undoubtedly true; but mathematics cannot determine this case against law and equity. Their own description of the line they agreed upon is. inconsistent with itself. They call it an east line from Watkins Point, and give it an outcome by a course corre. sponding with Holston's tree. If this be a straight line, how shall we find it? If we begin at Watkins Point and