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Bound ARY

That part of the Province of Carolina, described generally as lying South

Documents, and West of Cape Fear, became South Carolina. Before the division directed by the order of Council, into North and South Carolina, the re

presentatives that met at Charlestown, in the Provincial Assembly, met as
the representatives of the South and West part of the Prorince of Caro-
lina. Thus, in the act of Assembly passed “for the determination of the
General Assemblies, and for preventing the inconveniences happening by
the long intermission of General Assemblies,” 20th June, 1694, Trott's
Laws, p. 36, it is said, that the Assembly met at Charlestown for the South-
west part of the Province, and by authority of the same; and so they con-
tinued to meet. The act authorizing the revolution of 1719 under Gov.
John Moore, (23d Dec. 1719) was passed by the “Assembly in the settle-
ment of South Carolina.” -
John Archdale in 1696 was Governor of North and South Caro-
lina. So was Sir Nathan Johnson in 1703, and Col. Edward Tynte
in 1710. The third Charter of North Carolina, dated 17th Sept.
1744, mentions the respective Governors of North, and South Caro-
lina; which two Colonies were not formally divided as above mentioned
until the order of Council soon after the resignation of the seven Proprie-
tors in 1729. But many disputes arose, before the boundary line of North
and South Carolina was finally settled, which did not take place till 1815.
I can find no document filed in the offices at Columbia, respecting the
Boundary Line, till the dispute occurred between Governor Johnson
of South, and Governor Burrington of North Carolina; of which, the
following memoranda were furnished to me by Benjamin Elliot, Esq. of
Charleston, March, 1835. -
“The first dispute concerning this Boundary Line appears to have oc-
“curred in 1732, when Governor Burrington of North Carolina issued the
“following notification of his idea of the true boundary.
& 4 Timothy's Southern Gazette, Oct. 21, 1732.
“Notification of George Burrington, Governor of North Carolina.
“I am informed that several persons in South Carolina, have taken out
“warrants there, to survey lands on the North side of Wackamaw river,
“and on the lands formerly possessed by the Congerree Indians, which
“are within this government. Therefore to prevent unadvised people
“from parting with their money to no purpose, and to give satisfaction
“to all persons whom it may concern, I have transcribed his Majesty's
‘instruction for ascertaining the bounds of the two governments of North
“and South Carolina.
& 4 The King's instructions, 104.
“And in order to prevent any disputes that may arise about the South-
“ern boundaries of our Province under your government, we are gra-
“ciously pleased to signify our pleasure that a line shall be run by Com-
“missioners appointed by each Province, beginning at the Sea, thirty
“miles distant from the mouth of Cape Fear River, on the South-west
“thereof, keeping at the same distance from the said river, as the course
“thereof runs to the main source or head thereof, and from thence the
“said boundary line shall be continued due West as far as the South Seas.
“But if Wackamaw lies within thirty miles of Cape Fear River, then
“that river to be the boundary from the Sea to the head thereof, and from
“thence a due West course to the South Seas.”
“For the satisfaction of all men that bought land of the late Proprie-
“tors (before the King's purchase was compleated) scituated on the North
“side of Wackamaw River, in any other part between Cape Fear River
“and the line given by his majesty to this government, I give notice their

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“rights and titles to all lands so purchased as aforesaid, are deemed and
“allowed to be good and lawful by this government.
“N. B. The above recited instruction, is the same in his Excellency Go-
“vernor Johnson's and mine, except the word “Southern” before boun-
“daries, which is altered to Northern in his. The head of Wackamaw
“river is within ten miles of Cape Fear River, and is not distant so
“much as thirty miles in any place, but a few miles before it runs into
“Winyaw Bay. -
“North Carolina, Sept. 11, 1732. George Burrington.”
“The above is transcribed verbatim from the Gazette of the day.
“To this, Robert Johnson, Governor of South Carolina, issued a counter-
“proclamation, which follows, copied from Timothy's Southern Gazette,
“Nov. 4, 1732.
“Governor Johnson of South Carolina. I being very much surprized
“at his Excellency Governor Burrington's advertisement in this paper of
“the 21st instant, relating to the boundaries of the two Colonies of North
“ and South Carolina, and his manner of interpreting his Majesty's in-
“structions relating thereunto, think proper for the better information of
“those concerned, to publish what I know concerning the intention of
“his Majesty's said instruction, which is as follows:
“Governor Burrington and myself, were summoned to attend the board
“of Trade, in order to settle the boundary of the two Provinces. Go-
“vernor Burrington laid before their Lordships Col. Moseley’s Map, de-
“scribing the Rivers Cape Fear and Wackamaw, and insisted upon Wack-
“amaw river being the boundary from the mouth to the head thereof, &c.
“We of South Carolina, desired their Lordships would not alter their first
“resolution, which was thirty miles distant from the mouth of Cape Fear
“River on the South-west side thereof, &c. as the first instruction pub-
“lished by Governor Burrington sets forth; and their Lordships conclu-
“ded that that should be the boundary, unless the Mouth of Wackamaw
“River was within thirty miles of Cape Fear River; in which case, both
“Governor Burrington and myself agreed Wackamaw River should be
“the boundary. And I do apprehend the word Mouth being left out of
“the last part of the instruction, was only a mistake in the wording of it.

“And I think proper farther to inform those it may concern, that I have

“acquainted the Right Honorable the Lords of Trade, of the different
“interpretations Governor Burrington and myself, have put on his Ma-
“jesty's aforesaid instruction, and have desired his Majesty's further
“order. -
November 1, 1732. R. Johnson.”
Among the documents relating to the Boundary line now in the Office
of Secretary of State at Columbia, I find the following, viz.
Agreement between the Governors of South and North Carolina con-
cerning the Boundary Line, 23d April, 1735.
Journal of Council, 21st November 1763, recommending to have the
Catawba lands surveyed according to the Treaty of August 1763.
Deliberations of the Council of South Carolina, explaining the provi-
sions of a Treaty with the Cherokees, of 18th December 1761, respecting
a boundary line. See Book C 6, 13 Dec. 1805.
Royal Instructions dated 29th April 1763, respecting the boundary
line between North and South Carolina. (Certified by P. Hamilton
18th Dec. 1805.) -
Map of land relating to Fort Lyttleton, 12th Dec. 1764.
Copy of the King's additional instructions to Lord Charles Gre
ville Montague, for running the boundary line, 7th June 1771.

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Another copy of the same, dated 10th June 1771. The boundary line between the two States had been run, in pursuance of the royal instructions, in the years 1764 and 1772, (Drayton's view of South Carolina, p. 3.) and the line was supposed to be established between the two Colonies on 4th June 1772, by James Cook and Ephraim Mitchell, surveyors, and William Moultrie and William Thompson, commissioners on the part of South Carolina; and Thomas Rutherford and Thomas Polk, Surveyors, with Joseph Rutherford and William Dry, Commissioners on the part of North Carolina. Of this line of 1772, there is a copy in the office of the Secretary of State at Charleston, certified by Mr. Tillinghast, Surveyor General, 20th Nov. 1820; of which the original is declared to be (by certificate) at Columbia. I have not been able to find it there. Governor Martin's Letter, 2nd Jan. 1772, on the subject of ap

pointing Commissioners in pursuance of the Kings instructions.

Map of the new acqusitions off the Counties of Mecklenburgh and Tryon, 4th June 1772. Account of expences of running the boundary line between North and South Carolina, 10th June 1772. Extract from the representation of the Board of Trade to his Majesty, 20th June 1774. Report of Mr. M'Allister on the boundary line between North and South Carolina, 20th December 1800. Governor Drayton to Governor Williams, on the contested boundary line, Dec. 31st 1800. Governor Drayton to Major. Pinckney, on the same, February 6th 1801. Letter of B. Williams on the same, January 20th 1801. B. Williams to Governor Drayton, on the same, 20th February 1801. J. Drayton to Hugh Rose, Esq. on the same, 26th February 1801. Hugh Rose to Governor Drayton, in reply, May 19th 1801. Governor Williams to Governor Drayton, on the same, March 20th 1801. Letter of postponement from the Governor of North Carolina, 3rd Ap. 1801. Letter from the Governor of North Carolina, July 16th 1801. Message from Governor Drayton to the House of Representatives, November 3d 1801. Message on the boundary line, December 10th 1801. Act concerning the line of division between this State and North Carolina, 21st December 1804. See public Laws. Copies of the correspondence between Governor Paul Hamilton of South Carolina, and Governor James Turner of North Carolina, respecting the Boundary Line, in the years 1804 and 1805. Appointment of Thomas Sumter, Commissioner on the Boundary Line, by Gov. Paul Hamilton, 12th August 1805, in pursuance of an Act of the Legislature of the preceding Session. Governor Paul Hamilton to J. Pringle, Attorney General, concerning the Boundary Line, 25th Sept. 1805. Letter of Judge Bay, concerning the same, 26th Sept. 1805. Governor Paul Hamilton to Thomas Sumter, September 30th 1805. Schedule of Papers on the contested boundary, delivered to the Commissioners at Lancaster, 20th November 1805.

Convention between North and South Carolina, 11th July 1805. Report of the Commissioners, Thomas Sumter and Dr. Blythe, November 1, 1806, see pamphlet laws of South Carolina, December Session 1807, page 118. The original is not now remaining in the offices at Columbia. Convention between North and South Carolina, on the boundary line, 4th September 1813. Report of the Commissioners appointed at the last Session of the Legislature, (1813) to run the division line between Kershaw and Lancaster, 20th May 1814. Copy of Mr. Salmon's field notes, Sep. 15th 1815. Report of the Commissioners on the Boundary line, 2d November 1815, and in Miscell. Records, C. p. 236. 15th December 1815, Act of Assembly of South Carolina confirming the same : included in the public Laws, and which is the last document on the subject. Documents relating to the boundary line between South Carolina and GEORGIA, viz. Convention between the States of South Carolina and Georgia, dated April 28th 1787. Act of the Legislature of Georgia, ratifying the boundary agreed on between the two States, February 1st 17 SS, concluded at Beaufort. Act of the Legislature of South Carolina, to the same purpose, 29th February 1788. Grimke's public Laws, p. 460. Documents relating to the boundary between South and North Carolina, to be found in the Acts of the North Carolina Legislature, and in the office of the Secretary of State at Raleigh, North Carolina. Laws of North Carolina, quarto edition of 1804, p. 8. The great Deed of Grant, A. D. 1668. Same edition, v. 2. p. 214, Act of the Legislature appointing Commissioners to extend the boundary line, between North and South Carolina, A. D. 1803. Laws of North Carolina, Svo. edition of 1821. An act to amend an act, empowering the Governor to treat with South Carolina and Georgia, on the subject of Boundary, p. 1013, and the marginal references. A. D. 1804. Agreement between this State and South Carolina, p. 1315, being an act to appoint Commissioners to run the boundary line, A. D. 1814. Act of the Legislature ratifying the same, p. 1318. A. D. 1815. Communication from Governor Swain of North Carolina, to Dr. Thomas Cooper, Raleigh, 27th March 1835. “The first survey was made in 1735, under the authority of the royal government; a copy of that survey is in the Secretary of State's office, obtained from London about 30 years ago. It commenced at the mouth of Little River, on the sea shore, was extended in a north west direction, 644 miles, to a point two miles north west of one of the branches of little Pedee. In 1737 the line was extended in the same direction, 22 miles, to a stake in a Meadow, which was erroneously supposed to be at the point of intersection with the 35th degree, of north latitude. The entire length of the two lines is S6 miles 174 poles. Of the latter line, the original is in London, and we have a certified copy only. The names of the Commissioners are not attached to either plat.

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“In 1764, 24th September, James Moore, George Pawley, Samuel

Wiley, and Arthur Mackay, under the direction of Governor Dobbs of
VOI. I.-52. -

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North Carolina, and Governor Bull of South Carolina, extended the boundary due west from the stake at which the line of 1737 terminated, the distance of 62 miles, intersecting the Charleston road at 61 miles, to ...” near the Washaw Creek. The original plat of survey is in the office.

“In 1772, the line was extended from this point, under the authority of Governor Tryon, to the Tryon mountain; and the controversy which commenced with the formation of our Constitution, and was unsettled until 1813, between this State and South Carolina, grew out of it. The line then designated, is part of the present boundary of the State, though the running was obviously erroneous, and operated greatly to the injury of North Carolina. We have no copy of this survey.

“In 1813, the first eight miles of the line of 1772, beginning near the Charleston road, and ending at the Gum, on the banks of twelve mile creek, was re-run under the superintendence of John Steele, Montfort Stokes, Robert Burton, commissioners on the part of this State, and Joseph Blythe, Henry Middleton, and John Blassingame, Commissioners on the part of South Carolina. Original survey in the office.

“In 1815, the line was extended from the termination of the line of 1772. Beginning at the Rock near the Tryon Mountain, and ending at the point of intersection with the boundary of Georgia, in the 35th degree of north latitude, designated by a Stone marked latitude 35, A. D. 1813, planted on the east bank of Chataga river. The length of this line is 74 miles, 189 poles. It was run under the direction of Thomas Love, Montfort Stokes, John Patton, of North—and Joseph Blythe, John Blassingame, and Geo. W. Earle, of South Carolina. This survey is on the file.

* Yours very respectfully,

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Addressed to Joseph G. Cogswell, Esq. (for Dr. Cooper.)
EDITOR.

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