TITLE 33. BOUNDARY. Preamble. ers' agreement. BETWEEN KENTUCKY AND VIRGINIA. 1799. AN ACT establishing the boundary line between the state of Virginia and this WHEREAS Commissioners appointed by the state of Virginia and this commonwealth, did, in order to ascertain and establish the boundary line between the said states, on the fourteenth day of October last, enter into a written agreement under their hands and seals, which is in the following words, to wit: "The commissioners for ascertaining and adjusting the boundary line between the states of Virginia and Kentucky, appointed pursuant to the act of separation between the two states, to wit: ArchiCommission- bald Stuart, General Joseph Martin and Creed Taylor, Esquires, on the part of the former, and John Coburn, Robert Johnson and Buckner Thruston, Esquires, on the part of the latter, having this day met at the forks of Great Sandy river, according to appointment, and taken into consideration the said act of separation, have, and by these presents do unanimously agree and declare, that the boundary line between the said states, is and shall be and remain as followeth, to wit: To begin at the point where the Carolina, now Tennessee, line crosses the top of the Cumberland mountain, near Cumberland Gap; thence north-eastwardly along the top, or highest part of the said Cumberland mountain, keeping between the head waters of Cumberland and Kentucky rivers, on the west side thereof, and the head waters of Powell's and Guest's rivers, and the pond fork of Sandy, on the east side thereof, continuing along the said top, or highest part of said mountain, crossing the road leading over the same at the Little Paint Gap, where by some it is called the Hollow mountain, and where it terminates at the west fork of Sandy, commonly called Russell's fork; thence with a line to be run north forty-five degrees cast till it intersects the other great principal branch Boundary lines, &c. [For the boundary of Kentucky, wher ration, see page 45, ante.] inia, before the sepa As to doubts respecting a of Sandy, &c. certain branch Agreement as to certain loca tions made in consequence of Sandy, commonly called the north-eastwardly branch; thence down the said north-eastwardly branch to its junction with the main west branch, and down main Sandy to its confluence with the Ohio. And whereas doubts have heretofore prevailed which of the main branches of Sandy the act for dividing the county of Fincastle, (which is the act referred to for the line between the two states,) meant and intended that the line should run up, and locators have been led into errors in entering their land warrants; it is therefore unanimously further agreed between the said commissioners, that no land claims founded on entries within the forks of Sandy, or east of the Cumberland mountain on the waters of Sandy, previous to thereof. the first day of October, one thousand seven hundred and ninetynine, on either side of the before mentioned line to be run from the end of the said Cumberland mountain to intersect the said main north-eastwardly branch of Sandy, ought to be in any wise affected by said doubts which have existed respecting the said line; but that the said claims ought to remain valid and secure as if no such doubts had existed, or as if the said territory had been within the acknowledged limits of either state, that is to say, that all entries of land made in the offices of either state, which by this adjustment of the line falls into the other, shall be as valid as if made in the offices of that state, which by this adjustment of the line falls into the other, shall be as valid as if made in the offices of that state in which the land lies; and that it be recommended to the said states to pass mutual laws for the ratification of the said claims pursuant to the meaning and intent of this agreement between us; and that until such laws shall be passed, this instrument shall not be in force, but shall take full effect immediately after the passage of such laws." And whereas this commonwealth does approve of and is willing Preamble conto ratify and confirm the said agreement on its part, Be it therefore enacted by the General Assembly, That the boundary line as ascertained and described in the said agreement, is hereby ratified and confirmed; and all entries for lands made in the offices in the state of Virginia, previous to the first day of October, declared valid. 1799, lying in the forks of Sandy or cast of the Cumberland mountain on the waters of Sandy, which by the establishment of the boundary line as aforesaid, do fall within the limits of this state, shall be as good and valid as if they had been made in the proper offices of this commonwealth. This act shall commence and be in force so soon as the state of Virginia shall, in conformity to the aforesaid agreement, on its part, pass a similar law. This agreement not to be in force until ratified by a law of each state. tinued. Boundary line ratified, &c. Certain entries To commence. BOUNDARY OF COUNTIES ON THE OHIO. 1810. Preamble. IN FORCE FROM ITS PASSAGE. AN ACT declaring the boundaries of certain counties in this Commonwealth : WHEREAS doubts are suggested whether the counties calling for the river Ohio as the boundary line, extend to the state line on the north-west side of said river,* or whether the margin of the south-east side is the limit of the counties: to explain which, Be it enacted by the General Assembly, That each county of this Boundary and commonwealth, calling for the river Ohio as the boundary line, shall jurisdiction of counties on the be considered as bounded in that particular by the state line on the Ohio regulated. north-west side of said river, and the bed of the river and the islands therefore shall be within the respective counties holding the main land opposite thereto, within this state, and the several county tribunals shall hold jurisdiction accordingly. Preamble. BOUNDARY BETWEEN KENTUCKY AND TENNESSEE. 1820. IN FORCE FROM ITS PASSAGE. AN ACT to ratify and confirm the adjustment of the boundary line between this State and the State of Tennessee, according to the articles of stipulation entered into by the Commissioners appointed by both states: Approved February 11, 1820.-Session Acts, p. 922, WHEREAS Commissioners appointed by the state of Tennessee, with full powers to settle and adjust the boundary line between said state and this commonwealth, have entered into an agreement with commissioners appointed on the part of this state to confer with said commissioners appointed by the state of Tennessee, which agreement reduced to writing, bearing date the second day of February, one thousand eight hundred and twenty, and signed with the names, and under the seals of the commissioners of both states, in the words and figures following, to-wit: "The states of Kentucky and Tennessee, desirous of terminating the controversy which has so long subsisted between said states in [The boundary of the state of Kentucky extends only to low water mark on the western or north-western side of the river Ohio; and does not include a peninsula, or island, on the western or north-western bank, separated from the main land by a channel or bayou, which is filled with water only when the river rises above its Treaty be- banks, and is, at other times dry.--Handley's Lessee v. Anthony, &c. 5 Wheat. tween the two 375. See also, Fleming v. Kenney, 4 J. J. Mar. 158.] relation to their common boundary, and of restoring the most perfect states by comgood understanding and harmony between them, have, for that pur- missioners. pose, appointed their respective commissioners, that is to say: The state of Kentucky on her part has appointed John J. Crittenden and Robert Trimble; and the state of Tennessee on her part has appointed Felix Grundy and William L. Brown, who, after a reciprocal communication of their respective powers, have agreed upon the following articles and stipulations.— ARTICLE I. The line of boundary and separation between the states of Kentucky and Tennessee, shall be as follows, to-wit: The line run by the Virginia commissioners, in the year seventeen hundred and seventy-nine, and seventeen hundred and eighty, commonly called Walker's line as the same is reputed, understood and acted upon by the said states, their respective officers and citizens from the south-eastern corner of Kentucky to the Tennessee river; thence with and up said river to the point where the line of Alexander and Munsell, run by them in the last year, under the authority of an act of the Legislature of Kentucky, entitled "An act to run the boundary line between this state and the state of Tennessee, west of the Tennessee river, approved February 8th, 1819," would cross said river; and thence with the said line of Alexander and Munsell, to the termination thereof on the Mississippi river below New Madrid. ARTICLE II. It is agreed and understood, that from the point where Walker's line strikes the Tennessee river, to the point where the line of Alexander and Munsell would cross the same, the said Tennessee river shall be the common boundary of said states, and subject to their common use and concurrent jurisdiction. Any island or islands in that part of the river Tennessee, which forms the common boundary between the two states, shall be within the exclusive jurisdiction of Kentucky; but any appropriations thereof by individuals heretofore made under the laws of North Carolina or Tennessee, shall be valid. ARTICLE III. Whenever the governor of either state shall deem it expedient to have the boundary between the two states, which is east of the Tennessee river, or any part thereof, run and plainly marked, he shall cause a notification thereof to be communicated to the governor of the other state, and thereupon with all convenient dispatch, two surveyors shall be appointed for that purpose, one by the governor of each state; and the surveyors so appointed shall have power to employ a competent number of chain carriers and assistants, and they shall ascertain, survey and mark said line plainly and durably, having due respect to the provisions of the first article hercof; and it shall be the duty of said surveyors, to make out and Boundary be Tennessee atween Ky. and greed on and described. The two states to have concurrent jurisdiction of part of Tennessee ri ver. Kentucky to have exclusive jurisdiction of islands therein. Former appropriations thereof protected. How the line to be run and boundary marked as agreed on by the commissioners. Certain claims west of the Tennessee river de clared void. Certain lands east of the Tennessee river de clared to belong to Kentucky & her right of dis posing thereof guarantied. sign duplicate plats and reports of their surveys and proceedings, to be communicated by each surveyor to the governor of his respective state, to be deposited and preserved in the office of secretary of state, for a testimony and memorial of the boundary between said states. And all cost and expense that may be incurred under the provisions of this article, and in surveying and marking said boundary line, shall be paid by said states, jointly and equally. ARTICLE IV. The claims to lands lying west of the Tennessee river, and north of Alexander's and Munsell's line, derived from North Carolina or Tennessee, shall be considered null and void; and claims to lands lying south of said line and west of Tennessee river, derived from Virginia or Kentucky, shall in like manner be considered null and void. ARTICLE V. All lands now vacant and unappropriated by any person or persons claiming to hold under the states of North Carolina or Tennessee, east of the Tennessee river and north of the parallel of latitude thirty-six degress thirty minutes north, shall be the property of, and subject to the disposition of the state of Kentucky, which state may make all laws necessary and proper for disposing of, and granting said lands or any part thereof, and may, by herself or officers, do any acts necessary and proper for carrying the foregoing provisions of this article into effect; and any grant or grants she may make Her grants for therefor, or any part thereof, shall be received in evidence in all received in evi- the courts of law and equity in the state of Tennessee, and be availdence in Tenn. able to the party deriving title under the same; and the land referred to in this article, shall not be subject to taxation by the state of Tenby Tennessee nessee for five years, except so far as the same may, in the mean for five years. time, be appropriated by individuals. the same to be Not to be taxed Certain claims the Tennessee river not to be the establishment of Walker's line ARTICLE VI. Claims to land east of the Tennessee river between Walkers' to land east of line and the latitude of thirty-six degrees thirty minutes north, derived from the state of Virginia in consideration of military serviprejudiced by ces, shall not be prejudiced in any respect by the establishment of Walker's line; but such claims shall be considered as rightfully entered or granted, and the claimants may enter upon said lands, or Protected from assert their rights in the courts of justice without prejudice by lapse of time, or from any statute of limitations for any period prior to the settlement of the boundary between the two states; saving, however, to the holders and occupants of conflicting claims, if any there be, the right of shewing such entries or grants to be invalid and of no effect, or that they have paramount or superior titles to the land covered by such Virginia claims. the statute of limitations. Proviso. |