« ZurückWeiter »
marked S. C. and N. C. 1813, and from the said last mentioned stone, Boundary
on the top of the said ridge, at the point of intersection aforesaid, a
JOSEPH BLY THE, (SEAL.)
Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That the said report and agreement, made by the aforesaid commissioners, and every article and clause thereof, be, and the same is hereby confirmed; and the boundary line agreed upon and marked out by the said commissioners, , is hereby confirmed and established, and shall be forever binding on the state of South Carolina: Provided, the proceedings of said commissioners shall be confirmed by the state of North Carolina.
And be it further enacted by the authority aforesaid, That the return of the commissioners aforesaid, and the plat of the boundary line, with the bearings and distances thereof, signed by the commissioners and surveyors of both states, and submitted by them to the legislature, shall be duly recorded, and kept in the office of the Secretary of State, at Columbia, and a true copy thereof be deposited in the office of the Secretary of State, in Charleston; and that the field book of the surveyor, on the part of South Carolina, shall be recorded in the office of the Secretary of state, in Columbia; and that every citizen of this state shall, on application, be entitled to a copy of said papers, on paying the usual fees.
In the Senate House, the fifteenth day of December, in the year of our Lord one thousand eight hundred and fifteen, and in the fortieth year of the Independence of the United States of America.
JAMES R. PRINGLE,
To declare the assent of this State to a Convention between this State and the
nah and Tugaloo Rivers. t
Sec. 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That as soon as the same shall have been approved of by the State of Georgia and the Congress of the United States, the following Articles shall form and constitute a convention between the two States, for improving the navigation of the Savannah and Tugaloo Rivers, and shall not be altered without the consent of both States. Article the First. The expense of improving and rendering navigable the Savannah and Tugaloo Rivers, so far as they form the boundary of the two States, shall be borne equally by South Carolina and Georgia. Article Second. Lands required for this purpose, on these Rivers, may be purchased and held in the names of the Superintendents of the Savannah Inland Navigation, and their successors in office; but the jurisdiction over the lands so acquired, shall remain in the State in which they are situated. Article Third. When the Superintendents and the owner or owners of such lands cannot agree as to the price thereof, or where, for any other cause, the surrender thereof cannot be obtained, the said lands may be taken at a valuation, to be made by a majority of five commissioners, to be appointed for that purpose by the Court of Law of the county or district in which said lands are situated ; and the lands so valued, shall vest, for the purposes of the said navigation alone, in the said superintendents and their successors in office, so soon as the said valuation shall be paid, or where it may be refused, shall be tendered. Article Fourth. Before any work shall be begun on these Rivers, full surveys and detailed estimates shall be made and presented to the Legislatures of both states; and for this purpose the Governor of each state shall appoint one commissioner, and these two commissioners, within the next year, shall cause the said surveys and estimates to be made, together with such plans as they may deem necessary; and to defray the expenses thereof, each state shall make an appropriation of five hundred dollars, if so much should be necessary. The compensation to the commissioners shall be made by their respective states. Article Fifth. The works on these Rivers shall be constructed under the direction of two superintendents—one to be appointed by each state ; these superintendents and their successors in office, shall be known by the name and style of “The Superintendents of the Savannah Inland Navigation;” and by such name may sue and be sued, plead and be impleaded, in any Court of Law or Equity of the states of Georgia or South Carolina; and the said superintendents and their successors in
office, shall have full power to make all contracts for effecting such works Boundary on said Rivers, as may be ordered by the Legislatures of the said states: "o Provided, that the said contracts shall not exceed, nor be binding on the said states, to any amount beyond the appropriations made for that purpose, according to the terms of this convention hereinafter expressed. Article Sixth. And the said superintendents and their successors in Qolio.oh. - - - appointed, and office, shall have full power to appoint, and at their pleasure to displace, oil jej all such engineers, agents, toll collectors, and other officers, as may be necessary for completing, repairing, and protecting the said works, and for collecting all tolls which may be imposed thereat. Article Seventh. And the said superintendents and their successors in Rates of toll office, shall have full power to establish, and from time to time to alter or " be altered. repeal, such rates of toll on boats, rafts and other vessels passing said works, or on the goods ladened on board thereof, as they may think just and proper; to cause the same to be collected and deposited with a Treasurer by them to be appointed, to make and enforce all regulations for the passage of boats, rafts and other vessels through the said works, and generally to do and perform all such acts, and make such ordinances, as are necessary for completing, repairing, preserving and rendering productive the said works. Article Eighth. The tolls imposed on boats, rafts or other vessels, or Toll to be the the goods laden on board thereof, belonging to the citizens of one state, too shall be the same as the tolls imposed on the boats, rafts and other vessels, . of either or goods laden on board thereof, belonging to the citizens of the other State. Article Ninth. In case there should be worked in either state, any Toll on mine of iron, lead or coal, or any quarry of lime, gypsum, marble, or minerals. other building stone, the state in which such mine or quarry is situated, shall have the exclusive right to fix the rates of toll on the products of such mine or quarry, and the boats employed in transporting the same. Article Tenth. All tolls collected on said Rivers, in pursuance of this Tolls how to be convention, shall be applied and expended in the following manner—1st.* In keeping in repair and defraying the current expenses of the said works. 2nd. In making such further improvements in the navigation of the said Rivers, as the Legislatures of the said states may order. When such further improvements are not so ordered, the tolls shall be reduced so as merely to repair, renew, and keep the said works in perfect operation. Article Eleventh. The state in which any Canal may be cut, or other works not to be work erected in pursuance of this convention, shall not cause or permit demolished. the same to be demolished or impaired, without the consent of the other State; but each state will pass such laws as may be necessary to preserve and protect said works. Article Twelfth. The Legislature of each state will make such appro-Appropriations priations for improving the navigation of said Rivers as it may deem to be made. necessary; and the smallest appropriation made by either state, shall form one half of the whole appropriation for that purpose. Article Thirteenth. All payments for work done, shall be made by Payments for drafts on the State Treasury, signed by both the superintendents; and ow when they draw on the Treasury of one state, they shall draw for an to be made. equal amount on the treasury of the other. Article fourteenth. One of the said states shall not be answerable for Drafis how to the drafts of the said superintendents on the Treasury of the other state. be paid. Article Fifteenth. Each State shall pay the salary and personal ex-superinten. penses of its own superintendent, and shall determine the period for dens, how to be which he shall be elected. paid.
Boundary Article Sixteenth. When a question occurs, on which the superintend
Doc UMENTs. - - - - ents do not agree, they shall call into their consultation the principal Engineer, and he shall be entitled to vote on the question, and a majority
...! of votes shall decide it. i.” Article Seventeenth. When the work is commenced, if a vacancy of settled. the superintendents should occur, the principal Engineer shall fill his vacancy, how place, until the regular appointment of a successor. to be filled. In the Senate House, the twentieth day of December, in the Year of our Lord one thousand eight hundred and twenty-fire, and in the fiftieth Year of the
Independence of the United States of America.
JOHN B. O’NEALL,
Observations on the LEGISLATIVE History of South CAROLINA, (Brevard's Digest, page X of Vol. I.)
The legal history of South Carolina, may be divided into four periods: I. That which commences and ends with the proprietary government. II. That which commences with the demolition of the proprietary government, and ends with the suspension of royal authority, by the olitical convulsions which preceded the revolution. III. That which o with the first movements of the revolution, and ends with the extinction of the royal government, and the establishment of Independence by the the treaty of peace with Great Britain. IV. That which begins with the establishment of Independence and reaches down to the present time. *
The country in North America, south of the 36th degree of north latitude, was granted in 1630, by king Charles the first, to Sir Robert Heath, his attorney general, under the name of Carolina; but the grant never took effect. In 1663, king Charles the second, one of the most unprincipled of sovereigns and profligate of men, in order to promote the pious zeal of certain of his confidential servants and courtiers, for the propagation of the Christian faith, (as his charter sets forth) granted to them “all that territory, situate in his dominions in America, extending from the north end of the island called Lucke's Island, in the Virginia seas, within thirty-six degrees of north latitude, and to the west as far as the south seas, and so southwardly as far as the river St. Mathias, bordering on East, Florida, and within thirty-one degrees of north latitude, and so west in a direct line as far as the south seas.”
The grantees were, Edward earl of Clarendon, George Duke of Albermarle, William lord Craven, John lord Berkley, Anthony lord Ashley, sir George Carteret, sir William Berkley, and sir John Colleton.
In 1665, this charter was renewed and enlarged, so as to comprehend the territory lying within lines running “north and eastward as far as the end of Charahake river, or gullet, upon a straight westernly line to Wyonoake creek, which lies within or about the degree of thirtysix and thirty minutes, northern latitude, and so west in a direct line as far as the south seas, and south and westward as far as the degree of twenty-nine inclusive, northern latitude, and so west in a direct line as far as the south seas.”