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AN ORDINANCE,

For ratifying and confirming a Convention between the States of South Carolina and Georgia, concluded at Beaufort, in the State of South Carolina, on the 28th day of April, 1787, and in the 11th year of the Independence of the United States of America.

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WHEREAS, the State of South Carolina did heretofore present a petition to the United States in Congress assembled, and did therein set forth, that a dispute and difference had arisen and subsisted between the States of South Carolina and Georgia concerning boundaries, the said States claiming respectively the same territories, and that the case and claim of the State of South Carolina was as follows, that is to say, Charles the II, King of Great Britain, by charter, dated the 24th day of March, in the 15th year of his reign, granted to 8 persons therein named, as lords proprietors thereof, all the lands lying and being within his dominions of America, between 31 and 36 degrees of north latitude, in a direct west line to the South Seas, stiling the lands so described, the Province of Carolina: That on the 30th day of June, in the 17th year of his reign, the said King granted to the said lords proprietors a 2d charter, enlarging the bounds of Carolina, viz. from 29 degrees of north latitude to 36 degrees 30 minutes, and from those points on the sea coast west in a direct line to the South Seas: That 7 of the said proprietors of Carolina sold and surrendered to George the II, late King of Great Britain, all their title and interest in the said Province, and the share of the remaining proprietor was separated from the King's, and allotted to him in the north part of North Carolina: That Carolina was afterwards divided into 2 Provinces, called North and South Carolina; That by a charter dated the 9th of June, 1732, George the IId, King of Great Britain, granted to certain persons therein named, all the lands lying between the rivers Savannah and Altamaha, and between lines to be drawn from the heads of those rivers respectively to the South Sea, and stiled the said colony Georgia: That by the treaty of peace concluded at Paris, on the 10th day of February, 1763, the river Mississippi was declared to be the western boundary of the North American colonies: That the Governor of South Carolina, in the year 1762, conceiving that the lands to the south of the Altamaha still belonged to South Carolina, granted several tracts of the said land: That the government of Georgia complained to the King of Great Britain respecting those grants, as being for land within its limits, and thereupon his Majesty, by proclamation, dated the 7th day of October, 1763, annexed to Georgia all the lands laying between the rivers Altamaha and St. Mary, the validity of the grants passed by the Governor of South Carolina as aforesaid, remaining however acknow ledged and uncontested, and the grantees of the said land or their representatives still holding it as their legal estate: That South Carolina

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claims the land lying between the North Carolina line and a line to run due-west from the mouth of Tugoloo river to the Mississippi, because as the said State contends, the river Savannah loses that name at the confluence of Tugoloo and Keowee rivers, consequently that spot is the head of Savannah river: The State of Georgia on the other hand contends, that the source of Keowee river is to be considered as the head of Savannah river: That the State of South Carolina also claims all the lands lying between a line to be drawn from the head of the river St. Mary, the head of Altamaha, the Mississippi and Florida, being, as the said State contends, within the limits of its charter, and not annexed to Georgia by the said proclamation of 1763: The State of Georgia on the other hand contends that the tract of country last mentioned is a part of that State : The State of South Carolina did therefore by their said petition pray for an hearing and determination of the difference and dispute subsisting as aforesaid between the said State and Georgia, agreeable to the articles of confederation and perpetual union between the United States of America: And whereas, the State of Georgia were duly notified of the said petition, and did by their lawful agents appear in order to establish their right to the premises in manner directed by the said articles of confederation, and proceedings were thereon had in Congress in order to the appointment of judges to constitute a court for hearing and determining the said matter in question: And whereas, it appeared to be the sincere wish and desire of the said States of South Carolina and Georgia, that all and singular the differences and claims subsisting between the said States relative to boundary, should be amicably adjusted and compromised: And whereas, the legislature of the State of South Carolina did elect Charles Cotesworth Pinckney, Andrew Pickens and Pierce Butler, Esqrs. commissioners, and did invest them or a majority of them with full and absolute power and authority in behalf of that State to settle and compromise all and singular the differences, controversies, disputes and claims which subsist between the said State and the State of Georgia relative to boundary, and to establish and permanently fix a boundary between the 2 States: And the said State of South Carolina did declare, that it would at all times thereafter ratify and confirm all and whatsoever the said commissioners or a majority of them should do in and touching the premises, and that the same should be forever binding on the said State of South Carolina: And whereas, the legislature of the State of Georgia did appoint John Houston, John Habersham and Lachlan M'Intosh, Esqrs. commissioners, and did invest them with full and absolute power and authority in behalf of that State to settle and compromise all and singular the differences, controversies, disputes and claims which subsist between the said State and the State of South Carolina relative to boundary, and to establish and permanently fix a boundary between the 2 States: And the said State of Georgia did also declare, that it would at all times thereafter ratify and confirm all and whatsoever the said last commissioners or a majority of them should do in and touching the premises, and that the same should be forever binding on the said State of Georgia: And whereas, the said Charles Cotesworth Pinckney, Andrew Pickens, Pierce Butler, John Habersham, and Lachlin M'Intosh, Esqrs. Commissioners on the part of the States of South Carolina and Georgia respectively, did by mutual consent assemble at the town of Beaufort, in the State of South Carolina, on the 24th day of April, 1787, in order to the due execution of their respective trusts, and did reciprocally exchange and consider their full powers, and did declare the same legal and forever binding on both States, and

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in conferring on the most effectual means of adjusting the differences BOUNDARY subsisting between the said States, and of establishing and permanently fixing a boundary between them, did mutually agree for and in behalf of their respective States to the following articles, that is to say

Article I. The most northern branch or stream of the river Savannah from the sea or mouth of such stream to the fork or confluence of the rivers now called Tugoloo and Keowee, and from thence the most northern branch or stream of the said river Tugoloo till it intersects the northern boundary line of South Carolina, if the said branch or stream extends so far north, reserving all the islands in the said rivers Tugoloo and Savannah to Georgia; but if the head spring or source of any branch or stream of the said river Tugoloo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi to be drawn from the head spring or source of the said branch or stream of Tugoloo river, which extends to the highest northern latitude, shall forever hereafter form the separation, limit and boundary between the States of South Carolina and Georgia.

Art. II. The navigation of the river Savannah at and from the bar and mouth along the north-east side of Cockspur island, and up the direct course of the main northern channel along the northern side of Hutchinson's island opposite the town of Savannah to the upper end of the said island, and from thence up the bed or principal stream of the said river to the confluence of the rivers Tugoloo and Keowee, and from the confluence up the channel of the most northern stream of Tugoloo river to its source, and back again by the same channel to the Atlantic ocean, is hereby declared to be henceforth equally free to the citizens of both States, and exempt from all duties, tolls, hinderance, interruption or molestation whatsoever, attempted to be enforced by one State on the citizens of the other; and all the rest of the river Savannah to the southward of the foregoing description, is acknowledged to be the exclusive right of the State of Georgia.

Art. III. The State of South Carolina shall not hereafter claim any lands to the eastward, southward, south-westward, or west of the boundary above established, but hereby relinquishes and cedes to the State of Georgia all the right, title and claim which the said State of South Carolina hath to the government, sovereignty and jurisdiction in and over the same, and also the right and pre-emption of the soil from the native Indians, and all other the estate, property and claim which the State of South Carolina hath in or to the said lands.

Art. IV. The State of Georgia shall not hereafter claim any lands to the northward and north-eastward of the boundary above established, but hereby relinquishes and cedes to the State of South Carolina all the right, title and claim which the said State of Georgia hath to the government, sovereignty and jurisdiction in and over the same, and also the right of pre-emption of the soil from the native Indians, and all other the estate, property and claim which the State of Georgia hath in or to the said lands.

*There is a manifest mistake in Grimke's edition of this Act, Public Laws, p. 460; the word IN, ought to be, To. In the Digest of the Laws of Georgia by Robt. and Geo. Watkins, neither the word IN, or the word To is inserted; nor any substituted. The passage in that digest reads thus: AND FROM THENCE THE MOST NORTHERN BRANCH OR STREAM OF THE RIVER TUGOLOO. The Editor has printed from the original manuscript Act.

+ This is a manifest mistake; for the whole of South Carolina is actually situated to the East of the described boundary. The same mistake is found in Robert and Geo. Watkin's Digest of the Laws of Georgia p. 754.

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Art. V. The lands heretofore granted by either of the said states between the forks of Tugoloo and Keowee, shall be the private property of the first grantees and their representative heirs and assigns; and the grantees of any of the lands under the State of Georgia shall within 12 months from the date hereof cause such grants or authentic copies thereof, ratified under the seal of the State of Georgia, to be deposited in the office of the Secretary of the State of South Carolina, to the end that the same may be recorded there, and after the same shall have been so recorded, the grantees shall be entitled to receive again from the said Secretary their respective grants or the copies thereof, whichsoever may have been so desposited, without any charge or fees of office whatsoever, and every grant, or of which the copy certified as abovementioned, shall not be so deposited, shall be adjudged void.

Art. VI. The Commissioners on the part of the State of South Carolina do not by any of the above articles mean to cede, relinquish or weaken the right, title and claim of any of the individual citizens of the State of South Carolina to any lands situated in Georgia, particularly to the lands situated to the south or south-west of the river Altamaha, and granted during the administration of Governor Boone, in the year 1763, and they do hereby declare, that the right and title of the said citizens to the same, is and ought to remain as full, strong and effectual as if this convention had not been made. The commissioners on the part of the State of Georgia do decline entering into any negociation relative to the lands mentioned in this article, as they conceive they are not authorised so to do by the powers delegated to them.

Be it therefore ordained by the Honorable the Senate and House of Representatives in General Assembly met, and by the authority of the same, That the said convention and all the articles thereof shall be forever binding on the State of South Carolina, and that the same is hereby fully and absolutely ratified and confirmed.

In the Senate House, the twenty-ninth day of February, in the Year of our
Lord one thousand seven hundred and eighty-eight, and in the twelfth
Year of the Independence of the United States of America.

JOHN LLOYD,

President of the Senate.

JOHN JULIUS PRINGLE,

Speaker of the House of Representatives.

AN ACT

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CONCERNING THE LINE OF DIVISION

BETWEEN THIS STATE AND THE

STATE OF NORTH CAROLINA.

WHEREAS, at a time when South Carolina and North Carolina acknowledged the sovereignty of the British Government, a line was run under the authority of the said government, by commissioners duly appointed, and the boundaries between the then provinces, (now states) aforesaid, clearly ascertained and fixed; and from that period until the present time, the country has exercised constant and uninterrupted jurisdiction over all the inhabitants who have resided within the lines which were then ascertained, and acknowledged to be the lines of South Carolina: And whereas, nevertheless, the State of North Carolina hath at sundry times, manifested a desire to ascertain and designate the line which is the boundary between the two states: And whereas, it is unknown to this general assembly what the specific claims set up by the said state of North Carolina, in this behalf are; but being sincerely desirous that all claims and differences between this state and the state of North Carolina, should be ascertained and adjusted in the most amicable manner, will appoint commissioners to ascertain and fix the same.

Be it therefore enacted by the honorable the Senate and House of Representatives, of the State of South Carolina, now met and sitting in general

assembly, and by the authority of the same, That three commissioners Commissioners be appointed by his Excellency, the Governor or Commander-in-Chief to be appointed. of this state for the time being; and full power and authority is hereby given unto them, or a majority of them, to meet the commissioners who already are, or hereafter may be appointed by the state of North Carolina, at such time and place as the executives of the said states shall appoint and direct; and with them to settle and adjust all and singular the differences, disputes, controversies and claims whatsoever, respecting the territory and boundaries between this state and the state of North Carolina: And that whatsoever the said commissioners hereby appoin- Their acts to be ted, or a majority of them, shall do or cause to be done in the premises, binding, when shall become binding and obligatory to all intents and purposes whatso-legislature. ratified by the ever, on the said state of South Carolina, so soon as the same shall be ratified and confirmed by the legislature thereof, and not before.

said commis

And be it further enacted by the authority aforesaid, That the said commis- Powers of the sioners, or a majority of them, shall have full power, and they are hereby sioners. authorized to employ such and so many persons as they shall deem necessary, for the purpose of carrying this act into complete effect, accor ding to the true intent and meaning 'thereof.

And be it further enacted by the authority aforesaid, That in case How vacancies of death, resignation, incapacity or refusal to act, of all or either of the are to be filled. commissioners so to be appointed, his excellency the governor or com

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