Pages 499-517

Pages 539-559

RESOLUTIONS AND STATE PAPERS FROM 1779 TO 1781.
Resolutions and Reports of Commissioners on the subject of the disputed boundary between the states of Virginia and Pennsylvania.	Pennsylvania boundary.
THE papers relating to this subject, so far as they have yet been published, cast but a few rays of light on the points in controversy, between the two states. −− Indeed, the resolution of the 18th of December 1776, and the final report of the commissioners of the 23rd of August 1785, who were merely appointed to run and mark the line, previously agreed on, are the only official documents, that have been published; and they were locked up in perfect obscurity, until the publication of the Revised Code of 1819. They will be found in the first volume of that work, pages 51, 52. But the claims of Pennsylvania to an extension of territory, and the grounds on which they were resisted by Virginia, are very imperfectly known.
The following papers are intended to fill up the chasm between the resolution of 1776, and the report of the commissioners of 1785; without which it is impossible to understand the principles on which the two states came to an amicable adjustment of their boundary.
[For the resolution of December 18th 1776, See I. Rev. Code of 1819, chap. 16, pa. 51.]

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Resolution respecting Commissioners on boundary line with Pennsylvania.	Pennsylvania boundary.
In the House of Delegates, May 20th 1779.       Resolved that the governor be desired to inform the commissioners appointed on the part of Pennsylvania to adjust the boundary between that and this state, that this assembly will proceed to nominate commissioners for the same purpose; to signify that the place appointed by them is agreeable; but to desire that such meeting may be postponed until the assembly shall have risen, of which notice shall be given them.	Resolution agreeing to appoint commissioners on the disputed boundary between Virginia and Pennsylvania.
E. RANDOLPH, C. H. D.
May 21st, 1779.       Agreed to by the senate,                   JOHN BECKLEY, C. S.
Resolution respecting appointment of Commissioners to run the boundary line with Pennsylvania.
In the House of Delegates, June the 4th 1779.       Resolved that three commissioners ought to be appointed on the part of this commonwealth, by joint ballot of both houses of assembly, to meet with commissioners appointed on the part of the state of Pennsylvania, to adjust their boundaries, whose proceedings shall be subject to be ratified or disagreed to by the general assembly. June 5th 1779.                               Teste, E. RANDOLPH, C. H. D. Agreed to by the senate,                   JOHN BECKLEY, C. S.	Resolution for appointing commissioners to adjust the boundary between Virginia and Pennsylvania, whose proceedings are to be ratified or disagreed to by the general assembly.

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A Journal of the proceedings of the Commissioners from Virginia and Pennsylvania to agree upon certain boundaries for the state of Pennsylvania.	Pennsylvania boundary.
Baltimore, August 27, 1779.
The commissioners met this day, viz. on the part of Virginia, James Madison and Robert Andrews, and on the part of Pennsylvania, George Bryan, John Ewing and David Rittenhouse. −− Thomas Lewis, one of the commissioners from Virginia, was not present.       The commissioners from each state first shewed their respective powers, and it was determined that their proceedings were to be reported to the assemblies of each state for their consideration.       It was then proposed that the commissioners from Pennsylvania should state their claims in writing, which they did in the following manner.	Journal of proceedings of Virginia and Pennsylvania commissioners.
LETTER I. To the Virginia Commissioners.
Gentlemen,             IT appears from the charter of Pennsylvania that its eastern boundary is the river Delaware, from twelve miles above New-Castle, and below that point a part of a circle drawn at the distance of twelve miles from the centre of New-Castle; that its northern boundary is the beginning of three and fortieth degree of north lititude; and that its southern boundary is the said circle at twelve miles distance from New-Castle northwards and westwards unto the beginning of the fortieth degree of northern latitude, and then a straight line westwards to the limits of five degrees of longitude; and that it shall extend westward five degrees in longitude, to be computed from the said eastern bounds.	Pennsylvania commissioners to Virginia commissioners.

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On this we beg leave to remark, that the breadth from north to south of this tract of land, is three degrees of latitude, viz. from the beginning of the fortieth degree of north latitude unto the beginning of the forty third degree, and that the distance of the northern and southern limits so expressly contains three degrees of latitude, that it is not in the power of language to be more determinate and precise with respect to the breadth of the same; that the expressions the beginning of the fortieth degree, and the beginning of the forty third degree of latitude which mark the northern and southern boundary of Pennsylvania, are so clear and definitive as not to be capable of any other meaning than to determine the parallels where the thirty ninth and forty second degrees end, and are compleated, reckoned from the equator, as all nations reckon them.	Pennsylvania boundary.
It appears also from Mr. Penn's petition to the crown of England for this tract of land, that he requested a tract three degrees in breadth and five in length, in compensation for money advanced by his father, and that the said quantity of land was actually intended to be granted to him is evident from the express words of the grant, which includes that quantity.
We are, gentlemen, also of opinion, that the supposition or apprehension of the grantor, that the said circle round New-Castle would, somewhere in it course, intersect the beginning of the fortieth degree of latitude, when it is since found in fact that it does not intersect it, ought not in any reasonable and equitable construction to be adduced as an argument for curtailing the said grant or removing the southern boundary of the state farther towards the north, than the precise and indisputable expressions of the charter fix it to be, when it is a known and universal rule of determining the boundaries of land, that when two expressions in the grant pound out two different terms or limits, the one vague and uncertain, the other known and determinate, to prefer that which is known and capable of an indisputable and certain determination; as if the line of a tract of land is said to extend from a fixed point, one hundred perches to a known tree, river or creek, although the number of perches should not reach so far. Now should there be supposed any uncertainty or ambiguity in the words which ascertain the place of the southern boundary of Pennsylvania,

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which we do not admit, we plead only for the usual method of explaining what is dark and vague, by what is so precise and determinate, that it cannot possibly be mistaken, viz. The beginning of the fortieth degree; the other expression, viz. Where the circle intersects the beginning of the fortieth degree, being vague, and in fact now found to be impossible. We are persuaded, gentlemen, that you will the more readily concur in this opinion, when you reflect that the said circle was introduced, as a small part of the boundary of Pennsylvania, only with the design of securing to the Duke of York his favourite town of New-Castle, and a small territory around it, and by no means intended to prevent the southern boundary of Pennsylvania from being fixed at the beginning of the fortieth degree of latitude. −− But, besides the constant practice and reasonableness of this mode of interpretation, which we are persuaded will be allowed by impartial judges, we are induced to insist upon it from an express provision in the charter itself made on purpose to prevent the proprietors from sustaining any detriment by any interpretation, which any word or clause in the same might be capable of bearing. The provision is this. "And if perchance it shall hereafter happen, any doubts or questions should arise concerning the true sense and meaning of any word or clause or section in this our present charter, we will, ordain and command, that in all things, and at all times such interpretation thereof be made and allowed in any of our courts whatsoever as shall be judged most advantageous and favourable unto the said William Penn, his heirs and assigns."	Pennsylvania boundary.
We would only further suggest at present that this claim of Pennsylvania appears to us the more reasonable, as it is probable that it will not interfere with the boundaries of Virginia as described in their charter of the 23rd of May 1609, when they shall be determined according to the tenor of the same; but should it so happen that any part of the fortieth degree should be included in both charters, it is by a solemn act of the Convention of Virginia, ceded and confirmed to the state of Pennsylvania.
Yet, gentlemen, although we have no doubt of the justice and propriety of our claim, as above laid down, but on the contrary a full confidence that disinterested judges would allow us the whole of that tract of country

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which is so expressly contained in the charter, and so fully ceded by the state of Virginia; yet in as much as it might disturb the settlers on the south side of the river Potowmack, who have been long accustomed to the laws and government of Virginia; for the sake of peace, and to manifest our earnest desire of adjusting the dispute on amicable terms, we are willing to recede from our just rights, and therefore propose that a meridian be drawn from the head spring of the north branch of Potowmack to the beginning of the fortieth degree of north latitude, and from thence that a parallel of latitude be drawn to the western extremity of the state of Pennsylvania, to continue for ever the boundary of the state of Pennsylvania and Virginia.	Pennsylvania boundary.
We are, gentlemen,       Your most obed't. & very humble serv'ts.      GEORGE BRYAN, JOHN EWING, DAVID RITTENHOUSE
To the Rev. James Madison, & } the Rev. Robert Andrews. } Baltimore, August 28, 1779.
LETTER II. To which the following answer was returned.
Gentlemen,       IN answering your interpretation of the charter of Pennsylvania, we think it necessary not only to attend to the precise words of the charter itself, but to such evidence as may be collected from other charters. We can by no means agree with you in opinion that the southern limit is precisely defined by the words of your charter to be the beginning of the fortieth degree of northern latitude, nor can we suppose the charter of Pennsylvania was intended to contradict the charter of Maryland.	Virginia commission- to Pennsylvania commissioners.

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Let us first consider how far you have reason to affirm "that the distance of the northern and southern limits so expressly contains three degrees of latitude, that it is not in the power of language to be more determinate and precise with respect to the breadth of the same." We do not deny that the expressions, "the beginning of the fortieth, and the beginning of forty third degrees." mean those lines where the thirty ninth and forty second end, nor that they must be reckoned from the equator. If, gentlemen, your charter had been bounded by no other limits than those above mentioned, candour and justice would not have permitted us to hesitate a moment, whether the southern limit should actually be that line of five degrees in longitude computed from the Delaware where the thirty ninth ends. But since it is expressly said in your charter, that the eastern boundary shall commence at twelve miles distance upon the Delaware northwards of New-Castle and be limited by the beginning of the forty third, it follows that unless that circle either intersected or touched the beginning of the fortieth degree, a line of three degrees cannot be contained under the eastern boundary. It must therefore have been far within the power of language to have been more determinate and precise, if it had been intended that your charter should have extended three degrees on the eastern boundary, otherwise language could convey to us no precise idea at all.	Pennsylvania boundary.
Your eastern boundary being confined to twelve miles northwards of New-Castle, let us next consider whether your southern boundary can possibly begin at the end of the thirty ninth degree. If it does, we beg to know from what point you are to compute your five degrees of longitude? It is evident from your own explanation that you can only come to a part of the circle southwards, and of consequence, the space between that part of the circle and the end of the thirty ninth degree can have no boundary; or in other words, having no boundary whence you are to compute your longitude, can have no claim to any territory southward of that point where your eastern boundary commences.
As to the idea that no argument should be adduced for curtailing the grant, "because the circle is found not to intersect that degree," but that the universal rule

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for determining the boundaries of land in cases of uncertainty from such expressions as you mention should be followed, we cannot think in the first place, that the instance given is by any means applicable; for, how you would extend your circle of twelve miles radius we cannot comprehend. Nor can we comprehend in what manner the one expression can be said to be more vague and uncertain than the other. The limits of a circle of twelve miles radius are as unequivocal, or as precise and determinate, as the beginning of the fortieth degree. But surely we shall not endeavour to justify one errour by another. For, we would suppose in the case you mention, that the important words more or less should not be omitted, if it were intended a line should extend to any given boundary when the number of perches assigned fell short of the proposed distance.	Pennsylvania boundary.
We now beg leave to call your attention to the words of other charters. The Maryland charter is bounded northward by that part of the river Delaware which lieth under the fortieth degree of northern latitude from the equinoctial, where New England ends. The New England charter is to begin expressly from forty degrees of northern latitude. Maryland was therefore to be bounded not by the beginning, but the extreme part of the fortieth degree. To grant then to Penn a whole degree which was formerly granted to Baltimore, would have been absurd. It would have been granting a thing which Penn could never expect to possess.
But a clause in your charter, you are pleased to say, provides for all doubts or questions that may arise concerning the true sense and meaning of any word, clause or sentence in the said charter, and therefore the beginning of the fortieth degree of northern latitude must be admitted as the true southern boundary of the state of Pennsylvania. We believe it is universally acknowledged, that whenever the matter of any covenant or deed is wholly or in part impossible or unlawful, so far the covenant or deed is null and void. Let us then apply this established principle to the case before us. Baltimore's grant extending to the beginning of the forty first degree of northern latitude, and being prior to Penn's, so much of Penn's grant as came into the fortieth degree and interfered with Baltimore's was unlawful, and therefore void. And although the same

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invalidating reason cannot be urged against Penn's grant where it interferes with Virginia, yet there being no eastern bounds southward of that point on the Delaware at twelve miles distance from New-Castle northward, from which western limits can be computed, so much of the grant as is southward of that point is null and void from the nature of the thing itself.	Pennsylvania boundary.
What you suggest, gentlemen, to strengthen the reasonableness of the claim of Pennsylvania, from the probability that it will not interfere with the boundaries of Virginia, as described in its charter of May 23rd 1609, appears to have no weight; the northern boundary of Virginia, as described in that charter, beginning on the sea coast two hundred miles northward from Cape or Point Comfort, and running west and northwest, up into the land, throughout from sea to sea. Such a northern boundary, which is truly deduced from the quoted charter, will cross the river Delaware above New-Castle, and passing through the state of Pennsylvania with a west north west course, will emerge about the beginning of the forty second degree of northern latitude, from all which it is evident how much the claim of Pennsylvania interferes with the boundaries of Virginia, as described in the charter of the 23d of May 1609.
As to the act of the Convention of Virginia, which cedes and confirms to Pennsylvania whatever she can claim by charter, we only observe, that no act, however solemn, of any body of men can so far alter the nature of things as to make claims in themselves impossible and unlawful, possible and lawful.
Having so clearly shewn, as we think it must appear to every impartial judge, that Pennsylvania has no right to claim any territory southward of that point on the river Delaware, where her eastern bounds begin, we will now, gentlemen, advert to your concluding and conciliatory clause, which we have no doubt was dictated by the true spirit of peace and amity. We cannot, after the most careful examination of your concessions, and with the most perfect disposition to be satisfied with any reasonable proposal, discover that you have receded from any one thing on which you had the shadow of a claim. That tract of country which, consulting the tranquility of the settlers, you suffer us to retain, is chiefly, perhaps all, in the grant enjoyed

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by Lord Fairfax, and consequently as perfectly exempted from the claim of Pennsylvania as any part of Maryland.	Pennsylvania boundary.
Anxious as we are to put an end to the dispute subsisting between the two states, and to remove all ground of future dissentions, by adjusting at this time their boundaries in an amicable manner; yet the undoubted right of Virginia to that tract of country westward of Maryland, and as far northward as the latitude of that point on the Delaware twelve miles distant from New-Castle northward, together with a regard for the peace of those who have settled in this tract, on a supposition that it was comprehended in the government of Virginia, determines us not to accede to the proposal you have been pleased to make. But we trust on a farther consideration of the objections of Virginia to your claim, that you will think it advantageous to your state to continue Mason's and Dixon's line to your western limits, which we are willing to establish as a perpetual boundary between Virginia and Pennsylvania on the south side of the last mentioned state. We are induced to make this proposal, as we think that the same principle which effected the compromise between Pennsylvania and Maryland should operate equally as strong in the present case.
We are, gentlemen,       Your most obed't. and humble serv'ts JAMES MADISON, ROBERT ANDREWS
To the Hon. George Bryan, the } Rev. Doct. John Ewing, and } David Rittenhouse, esquire.    } Baltimore, August 30th 1779.

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LETTER III.	Pennsylvania boundary.
Gentlemen,
WE have received your answer to our claim of territory to the beginning of the fortieth decree of north latitude according to the tenour of our charter, and your rejection of the proposal we made for the sake of an amicable adjustment of the disputed boundary. We cannot help professing ourselves at a loss to perceive the force of your objections to the reasons which support our claim; but without making any observations upon them at present, we are willing to submit the merits of your reasonings on both sides to disinterested and impartial judges.	Pennsylvania commissioners to Virginia commissioners.
With respect to your proposal of extending Mason's and Dixon's line to the western extremity of Pennsylvania and to establish it as our southern boundary, we cannot look upon ourselves justified in continuing a line as our boundary which cuts off near a fourth part from our state, without obtaining a reasonable compensation for it; and therefore however desirous we may be of an amicable settlement of the dispute, we shall be under the disagreeable necessity of returning to our constituents with the report of the proposals we have made for the sake of peace; unless you can comply with an addition to your proposal, which we now make for your consideration, viz.
That Mason's and Dixon's line should be extended so far beyond the limits of Pennsylvania, as that a meridian drawn from the western extremity of it to the beginning of the forty third degree of north latitude, shall include as much land as will make the state of Pennsylvania what it was originally intended to be, viz. three degrees in breadth, and five degrees in length, excepting so much as has been heretofore relinquished to Maryland: And Virginia so far as it may be interested in any of the lands to the westward of Pensylvania, shall renounce all claim to this additional compensation to Pennsylvania.

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And finally if this proposal be not complied with, it is our intention that it shall not be adduced to prejudice the claim of Pennsylvania hereafter.	Pennsylvania boundary.
We are, gentlemen,       Your most obed't. & very humble serv'ts.      GEORGE BRYAN, JOHN EWING, DAVID RITTENHOUSE
To the Rev. James Madison, & } the Rev. Robert Andrews.   } Baltimore 30th August, 1779.
LETTER IV.
Gentlemen,                   Although our arguments against the claims of Pennsylvania have not made that impression on you, which we conceive they were calculated to effect, and however confident we are that the subject of the merits of the cause to impartial and adequate judges would by no means establish those claims you have been pleased to make, yet having received no powers to refer the decision of the present dispute to other judges, we cannot accede to a proposition of that tendency.	Virginia commissioners to Pennsylvania commissioners.
As the state of Virginia must be the sufferer by any compromise short of the proposal first communicated to you, the idea of compensation is altogether inadmissible.
But considering of how much importance it may be to the future happiness of the United States, that every cause of discord be now removed, we will agree to relinquish even a part of that territory which you before claimed, but which we still think is not included in the charter of Pennsylvania.
We therefore propose, that a line run due west from that point where the meridian of the first fountain of the north branch of Potowmack meets the end of the thirtieth minute of the thirty ninth degree of northern latitude, five degrees of longitude to be computed from that part of the river Delaware which lies in the same

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parallel, shall forever be the boundary of Virginia and Pennsylvania, on the southern part of the last mentioned state. We hope that this proposal will finally meet with your approbation, as it coincides most nearly with the claims of each state.	Pennsylvania boundary.
We are, gentlemen,       Your most obed't. and humble serv'ts JAMES MADISON, ROBERT ANDREWS
To the Hon. George Bryan, the } Rev. Doctor John Ewing, & } David Rittenhouse, esquire.    } Baltimore, August 30, 1779.
LETTER V.
Gentlemen,                   WE will agree to your proposal of the 30th August 1779, for running and forever establishing the southern boundary of Pennsylvania in the latitude of thiety nine degrees thirty minutes westward of the meridian of the source of the north branch of the river Potowmack, upon condition that you consent to allow a meridian line drawn northward from the western extrimity thereof, as far as Virginia extends, to be the western boundary of Pennsylvania.	Pennsylvania commissioners to Virginia commissioners.
We are, gentlemen,       Your most obed't. & very humble serv'ts.      GEORGE BRYAN, JOHN EWING, DAVID RITTENHOUSE
To the Rev. James Madison, & } the Rev. Robert Andrews.   } Baltimore 31st August 1779.

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LETTER VI.	Pennsylvania boundary.
Gentlemen,                   WE cannot agree to make that addition to our proposal of the 30th of August 1779, which you in the paper communicated to us that day, have made the condition of your acceptance. But from the same motive which has actuated us throughout the whole of this business, we will make a farther proposal which we think as advantageous to Pennsylvania as that first made by you to us. We will continue Mason's and Dixon's line due west five degrees of longitude, to be computed from the river Delaware for your southern boundary, and will agree that a meridian drawn from the western extremity of this line to your northern limit shall be the western boundary of Pennsylvania.	Virginia commissioners to Pennsylvania commissioners.
We are, gentlemen,       Your most obed't. and humble serv'ts JAMES MADISON, ROBERT ANDREWS
To the Hon. George Bryan, the } Rev. Doctor John Ewing, & } David Rittenhouse, esqure.    } Baltimore, August 31, 1779.
LETTER VII.
Gentlemen,                   WE agree to your last proposal of August 31st 1779, to extend Mason's and Dixon's line due west five degrees of longitude, to be computed from the river Delaware, for the southern boundary of Pennsylvania; and that a meridian drawn from the western	Pennsylvania commissioners to Virginia commissioners.

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extremity thereof to the northern limit of the state, be the western boundary of Pennsylvania forever.	Pennsylvania boundary.
We are, gentlemen,       Your most obed't. & very humble serv'ts.      GEORGE BRYAN, JOHN EWING, DAVID RITTENHOUSE
To the Rev. James Madison, & } the Rev. Robert Andrews.   } Baltimore 31st August, 1779.
Agreement of commissioners for southern and western boundary of Pennsylvania.
Baltimore 31st August 1779.
WE James Madison and Robert Andrews, commissioners for the state of Virginia, and George Bryan, John Ewing and David Rittenhouse, commissioners for the state of Pennsylvania, do hereby mutually, in behalf of our respective states ratify and confirm the following agreement, viz. To extend Mason's and Dixon's line due west five degrees of longitude, to be computed from the river Delaware, for the southern boundary of Pennsylvania, and that a meridian drawn from the western extremity thereof to the northern limit of the said state be the western boundary of Pennsylvania forever: In witness whereof we have hereunto set our hands this thirty first day of August in the year of our Lord 1779.	Agreement of commissioners for southern & western boundary of Pennsylvania.
JAMES MADISON, ROBERT ANDREWS.                              GEORGE BRYAN,             JOHN EWING,             DAVID RITTENHOUSE.

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RATIFICATION of the boundary line between Pennsylvania and Virginia, on the part of Pennsylvania. In the General Assembly of the Commonwealth of Pennsylvania.	Pennsylvania boundary.
Friday, November 19th, 1779.
Agreeable to the order of the day, the house took up the report of the commissioners appointed to settle the boundary line between this state and Virginia, and the same being read and fully considered	Ratification of the boundary line, on the part of Pennsylvania.
Resolved unanimously, That this house do ratify and finally confirm the agreement entered into between commissioners from the state of Virginia and commissioners from this state, which agreement is in the following words.
Baltimore, August 31st, 1779.
WE George Bryan, John Ewing and David Rittenhouse, commissioners for the state of Pennsylvania, and we, James Madison and Robert Andrews, commissioners for the state of Virginia, do hereby mutually, in behalf of our respective states, ratify and confirm the following agreement, viz.
To extend Mason's and Dixon's line due west five degrees of longitude, to be computed from the river Delaware, for the southern boundary of Pennsylvania; and that a meridian drawn from the western extremity thereof to the northern limits of the said state, be the western boundary of Pennsylvania forever. In witness whereof we have hereunto set our hands this thirty first day of August in the year of our Lord one thousand seven hundred and seventy nine.
GEORGE BRYAN, JOHN EWING, DAVID RITTENHOUSE.                        JAMES MADISON,             ROBERT ANDREWS.
Signed by order of the House,                         JOHN BAYARD, Speaker.
Attested,       THOMAS PAINE, Clerk of the General Assembly.

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Resolutions of the General Assembly of Virginia, respecting the disputed boundary with Pennsylvania.	Pennsylvania boundary.
IN THE HOUSE OF DELEGATES                              June 23d, 1780.
THE General Assembly of Virginia have had under their consideration the agreement entered into between the commissioners of this commonwealth and those of Pennsylvania, at Baltimore, on the 31st day of August in the year 1779, respecting the disputed territory and boundary line between the two states, together with the papers and proceedings thereupon; and although the general assembly of Virginia are far from thinking the reasoning of the Pennsylvania commissioners in support of their claims conclusive, or that this commonwealth is bound by the agency of commissioners whose powers were restrained to an agreement for ascertaining boundaries, to be referred to their respective assemblies, for their ratification or rejection; yet actuated by the same principles and motives which induced the Convention of Virginia, in that act which formed our new government, to make a cession and release of the territory contained within their respective charters to the neighbouring states, to promote the common cause of America, to prevent as far as in their power future dispute and animosity, and to prove the sincerity of their professions and desire to cultivate and maintain the most cordial harmony with their sister state of Pennsylvania united with us, by the most sacred ties, in the defence of our common rights and liberty, the general assembly of Virginia are willing to ratify the aforesaid agreement on the conditions expressed in the following Resolve, corresponding with the reservation in their offer of December 18th 1776.	Conditional ratification, on the part of Virginia.
Resolved therefore that the agreement made on the 31st day of August 1779, between James Madison and Robert Andrews, commissioners for the commonwealth of Virginia, and George Bryan, John Ewing and David Rittenhouse, commissioners for the commonwealth of Pennsylvania be ratified and finally confirmed, to wit, that the line commonly called Mason's and Dixon's

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line be extended due west five degrees of longitude, to be computed from the river Delaware, for the southern boundary of Pennsylvania, and that a meridian drawn from the western extremity thereof to the northern limits of the said states respectively, be the western boundary of Pennsylvania forever. On condition that the private property and rights of all persons acquired under, founded on, or recognized by the laws of either country, previous to the date hereof, be saved and confirmed to them, although they should be found to fall within the other; and that in the decision of disputes thereupon, preference shall be given to the elder or prior right which ever of the said states the same shall have been acquired under; such persons paying to that state within whose boundary their lands shall be included, the sam purchase or consideration money which would have been due from them to the state under which they claim the right: and where any such purchase or consideration money hath since the declaration of American Independence been received by either state for lands, which according to the before recited agreement shall fall within the territory of the other, the same shall be reciprocally refunded and repaid.	Pennsylvania boundary.
Resolved that upon the acceptance and full ratification of this condition and agreement on the part of the commonwealth of Pennsylvania, the governor be empowered with the advice of the council to appoint two commissioners on behalf of this commonwealth, in conjunction with the commissioners to be appointed by the commonwealth of Pennsylvania, to extend the line commonly called Mason's and Dixon's line five degrees of longitude from Delaware river as aforesaid, and from the western termination thereof to run and mark a meridian line to the Ohio river, which is as far as the general assembly conceive the same can at present be extended and marked, without danger of umbrage to the Indians; giving to the said commissioners on the part of Virginia such instructions therein, as the governor with the advice of the council shall judge proper.
Teste,       JOHN BECKLEY, C. H. D.
1780, July 1st. Agreed to by the Senate with an amendment.             WILL. DREW, C. S.

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Amendments proposed by the Senate to the resolution respecting the disputed boundary with Pennsylvania.	Pennsylvania boundary.
AT the end of the first resolution add "And that the inhabitants of the disputed territory now ceded to the state of Pennsylvania, shall not before the first day of December in the present year be subject to the payment of any tax, nor at any time to the payment of arrears of taxes or impositions heretofore laid by either state."
WILL. DREW, C. S.
4th July, 1780.       The House of Delegates agree to the Senates amendment touching the disputed boundary with Pennsylvania.       Mr. Mason to inform them of.
JOHN BECKLEY, C. H. D.
Resolution instructing delegates in Congress, in treaty with Spain to stipulate for free commerce of Mississippi.
IN THE HOUSE OF DELEGATES,                         Friday the 22nd of October 1779.
Resolved, That it be an instruction to the Delegates of this commonwealth in Congress, in case of any treaty with the court of Spain, for their taking possession of the provinces of East and West Florida, or either of them, they use their utmost endeavors to obtain an express stipulation in favour of the United American States, for the free navigation of the river Mississippi to the sea, for the purposes of trade and commerce, with the right of mooring vessels to the shores of the said river; and also the free navigation of the gulph of	Navigation of Mississippi.

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Florida between the said river and the Atlantic ocean, with a free port, or ports, in the Island of New Orleans, or some other convenient place or places for exportation and importation, and the privilege of a consul to reside there, for the superintendance of the same.	Navigation of Mississippi.
Teste,       JOHN BECKLEY, C. H. D.
November 2, 1779.       Agreed to by the Senate with an amendment in the fourth line, by inserting after the word "they" "continue to."
WILL. DREW, C. S.
November 5, 1779.
Agreed to,       JOHN BECKLEY, C. H. D.
Resolution respecting the Navigation of the Mississippi.
IN THE HOUSE OF DELEGATES,                   Tuesday, the 2nd of January, 1781
Resolved, That the navigation of the river Mississippi ought to be claimed by Virginia only as co-extensive with our territory, and that our delegates in congress be instructed to procure for the other states in the Union the free navigation of that river as extensively as the territorial possession of the said states reaches respectively, and that every further or other demand of the said navigation be ceded if insisting on the same is deemed an impediment to a treaty with Spain.
Provided, That the said delegates use their endeavour to obtain on behalf of this state or other states having territory on the said river, a free port or ports below the territory of such states respectively.
Teste,         JOHN BECKLEY, C. H. D.
January 2nd, 1781.     Agreed to by the senate, WILL. DREW, C. S.

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Resolution for extending bounty and cloathing given by law to certain officers and soldiers.	Land bounty.
IN THE HOUSE OF DELEGATES,
The 26th November 1779.
Resolved, That all officers and soldiers being citizens of this commonwealth, belonging to any corps on continental establishment, and not being in the actual service of any other state, shall hereafter be entitled to all state provisions, cloathing, bounty, or other emoluments either in land or money, which have been or shall be allowed to those belonging to the line of this state, although such officers and soldiers do not immediately serve therein, and also to the six months pay presented to each officer and soldier by "An act to enable the officers of the Virginia line, and to encourage the soldiers of the same line to continue in the continental service.
Teste,         JOHN BECKLEY, C. H. D.
November 27th, 1779.       Agreed to by the senate, WILL. DREW, C. S.
Address of the General Assembly to the delegates of the United American States in Congress.
IN THE HOUSE OF DELEGATES,            Wednesday the 24th of May, 1780.       A motion was made that the House do agree to the following address.       The address of the General Assembly of the commonwealth of Virginia, to the delegates of the United American States, in Congress assembled.	Address of the general assembly of Virginia to Congress, on the alarming situation of the southern states, as it respects the operations of the enemy.

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The general assembly of Virginia having received representations from the legislature of North Carolina and from governor Rutledge of the present critical and alarming situation of the state of South Carolina; Charlestown besieged by a numerous army, blocked up by sea and land, all communication between the town and country cut off, the British troops actually in possession of the most valuable part of the country upon the sea and navigable rivers, and the Indian enemy (whose tribes are numerous and powerful in that quarter) making incursions upon their western frontier, and little hope of the garrison of Charlestown being long able to defend it; upon the capture or surrender of which, not only military stores to a great amount, but a considerable number of veteran troops and many valuable offices will be lost and no adequate means remain of defending that and the adjacent state of North Carolina or stopping the progress of the enemy, whose views will extend with their success, and may produce the most fatal consequences to the American cause. Under these circumstances the general assembly of Virginia are induced to think that the face of the American war is in a great measure changed, and that the principal object of the enemy this campaign is the conquest of the southern states. The general assembly of Virginia are making every exertion in their power to raise and send forward a body of militia, but conscious that such aid alone will not only be ineffectual, but too slow in its operation, and considering the present general attack by the Indians on their western and the prospect of an immediate invasion on their eastern frontier, in repelling which a great part of their militia will necessarily be employed, they think it their duty to call the attention of congress to this important object, and earnestly to conjure them without delay to adopt the most effectual means of defending and maintaining the southern states; which the general assembly of Virginia apprehend cannot be effected but by a farther speedy and powerful reinforcement of continental troops, and a supply of arms for the North Carolina militia, to whom the government of Virginia hath already furnished all it is able to spare.

Address to Congress.

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And the said address, being read a third time, was on the question put thereupon, agreed to by the House, nemine contradicente.	Address to Congress.
Teste,         JOHN BECKLEY, C. H. D.
May 24th 1780.
Agreed to by the Senate, nemine contradicente.             WILL. DREW, C. S.
Resolution respecting boundary between North Carolina and Virginia.
IN THE HOUSE OF DELEGATES,                         The 5th day of July 1780.
THE general assembly of Virginia having at a former session proposed to the assembly of the neighbouring commonwealth of North Carolina to pass mutual laws for securing real property to the owners, whether claimed by title of record or actual settlement, who on running the late boundary line might be found not to be in the state they settled under, and wishing to establish a principle for abolishing all local distinctions between states in one Union, whose citizenship is or ought to be reciprocal, have observed with great pleasure that the legislature of North Carolina have in part closed with their proposition, by passing a law in October one thousand seven hundred and seventy nine for the purpose of establishing titles by actual settlement. But as by a subsequent law the operation of the first act is suspended until their next session, in order to do justice between patentees under this government and mere actual settlers obtaining the same land, as it is doubtful whether the said patentees are in the said first law provided for; as a speedy decision of the matter would quiet the minds of men immediately interested therein, which it is hoped the assembly of North Carolina will give at their next session; and that they may have all necessary information on the subject,	Resolution respecting claimants to lands affected by running the boundary between Virginia and N. Carolina, in which the various modes of acquiring titles to lands, before the revolution, are pointed out.

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Resolved therefore that it be represented to the assembly of North Carolina, that there were under the regal government several modes of gaining a title to lands, none of which became complete, except by the obtaining a patent written on parchment and signed by the governor for the time being; and that a claim to unappropriated land, was only supportable between the time of entry and the time of obtaining such patent, after which the title of the patentee became indefeasible, unless by another patent of prior date.	N. Carolina boundary.
That no title by settlement was recognized under the said former government, such title being first established by a resolution of convention of the twenty fourth day of May one thousand seven hundred and seventy six, which declared "that all persons settled on any unlocated or unappropriated lands to which there was none other just claim, should have the pre-emption or preference in the grand of such lands," but that this resolution could never have retrospect so as to defeat patentees, and thus prove so injurious to fair purchasers; neither can lands before patented come within the description of "unlocated or unappropriated." This assembly find themselves therefore impelled by every motive of law and justice, warmly to solicit the assembly of North Carolina to establish the several titles to lands under their former proposition, and must also inform the said assembly that patentees and purchasers under them have a right by the laws of this state to a preference to all other claims, and that a deprivation of this right would involve several fair and bona fide purchasers in unmerited loss, since they could never have foreseen that which was thought to be impossible, to wit: that a title under an express patent might be defeated. They will further observe, also that a certificate from the register of the land office is the legal mode of fixing the authenticity of patents.
The assembly of Virginia again profess their willingness, on being informed of the ultimate determination of the assembly of North Carolina, to meet them on the most liberal ground, and to do every thin on their part, that right may take place herein.
Resolved that copies of the foregoing resolution be transmitted by the governor to his excellency the governor

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of North Carolina, and to the speaker of the assembly.                                                                        Teste,       JOHN BECKLEY, C. H. D.   July 6th 1780.       Agreed to by the Senate,       WILL. DREW, C. S.	N. Carolina boundary.
Representation to North Carolina.
IN THE HOUSE OF DELEGATE, The 12th of June 1781.
MR. Tyler reported from the committee for Courts of Justice, that the committee had according to order prepared a representation to the general assemlby of North Carolina, which he read in his place, and afterwards delivered in at the clerk's table, where the same was again twice read and agreed to by the house as followeth:	Representation to N. Carolina on the subject of titles to land, which may fall into that state, by the extension of the boundary line.
The Assembly of Virginia, although no notice hath been taken of two representations heretofore made to the legislature of North Carolina, will not yet entertain an idea that the neglect proceeds from any fixed intention of doing injustice; they do therefore once more warmly solicit the legislature of North Carolina, to make a provision for those persons who have obtained titles to lands supposed to be in Virginia, but which are now likely to fall in the state of North Carolina; and must at the same time observe, that they shall be compelled by every motive of public policy and of that protection due to their citizens, to refuse their assent to the establishment of any boundary line, until this their request, so consonant to the principles of the confederation, the bonds of good neighborhood, and the rights of mankind be complied with. How is it that the state of North Carolina have claimed their territory by charter from the king of England and yet deny efficacy to patents derived from the same source?

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If these charters are valid to define the limits of states, are not patents which possess the same foundation valid to prescribe the bounds of private ownership? If the legislature of North Carolina should explode the authority of these patents, they may draw themselves into a disagreeable predicament with respect to the United States, which needs only to be hinted at to be understood. But if the Indian title is the only good one, then doth Virginia positively claim the lands in dispute, by virtue of a purchase from the Cherokees in the year 1770 by the express permission of the crown; the bounds of which purchase, and not the late extended line, must be the mark of territory between the two states. Indeed Virginia built Fort Patrick Henry for the express defence of this land so purchased of the Cherokees. The assembly of Virginia do not wish the legislature of North Carolina to act in a judicial capacity, by saying that the title of any individual is to be preferred, but they ask them to establish the best Virginia title in whomsoever it may be placed, and to direct that the laws and usages of Virginia heretofore made, shall be the rule of determination; leaving the several claimants to prosecute their titles in the usual channels. This proposition was made by the assembly of Virginia before it was known in what manner a line extended by the king of England's charters would affect the claimants, which proves that it was not the effect of any particular motive. The assembly of Virginia hope whatever may be the result of this representation, that will not go unnoticed, as the others have done, but that the legislature of North Carolina will favor them with their determination, 'till which the assembly of Virginia will postpone all further measures in this business.	Representation to N. Carolina.
Teste, JOHN BECKLEY, C. H. D.
1781, June 13th.             Agreed to by the Senate, WILL. DREW, C. S.

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Resolution for instructing delegates to congress.	Instructions to delegates in congress.
IN THE HOUSE OF DELEGATES,       June 12th 1780.
Resolved, That the Virginia delegates to congress be informed that the people of this commonwealth are alarmed at the omission of the Yeas and Nays in the monthly publication of the proceedings of congress, as the publication of them best ascertains the conduct of their delegates in every important debate.	Resolution instructing delegates to congress, on the subject of having the yeas & nays published.
Resolved, That it be an instruction to the Virginia delegates in congress, to use their best endeavours to have the Yeas and Nays on every important question printed in the Journals of Congress as formerly.
Teste, JOHN BECKLEY, C. H. D.
July 13, 1780.             Agreed to by the Senate, WILL. DREW, C. S.
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