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At Watkins Point the charter line has stood unchanged
since 16$2, and a call for a due east line from thence trust
be followed until it meets the middle thread of the Poeo-
moke. At the place last mentioned the boundary turns up
the Pocomoke, keeping the middle of the river until it
crosses the Calvert and Scarborough line. It divides the
river that far because the territory on one side belongs to
Maryland and on the other to Virginia.
From the angl=e formed by the Scarborough and Calvert
line with the line last described through the middle of the
Pocomoke the boundary follows the marked line of Scar-
borough and Calvert to the seashore.
It will be readily perceived that we have no faith in any
straight-line theory which conflicts with the contracts of
the parties or gives to one what the other has peaceably
and continuously occupied for a very long time. The
broken line which we have adopted is vindicated by cer-
tain principles so simple, so plain, and so just, that we are
compelled to adopt them. They are, briefly, as follows
1. So far as the original charter boundary has been uni-
formly observed and the occupancy of both has conformed
thereto it must be recognized as the boundary still.
2. Wherever one- State has gone over the charter line
taking territory which originally belonged to the other and
kept it, without let or hindrance, for more than twenty
years, the boundary must now be so run as to include such
territory within the State that has it.
3. Where any compact or agreement has changed the
charter line at a particular place, so as to make a new
division of the territory, such agreement is binding if it
has been followed by a corresponding occupancy.
.. 4. But no agreement to transfer territory or change
boundaries can count for anything now if the actual pos-
session was never changed. Continued occupancy of the
granting State for centuries is conclusive proof that the
agreement was extinguished and the parties remitted to-
their original rights.
b. The waters are divided by the charter line where that:
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