Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the North Carolina Governor's Council, including documents relating to the North Carolina/Virginia boundary
North Carolina. Council
April 22, 1728
Volume 02, Pages 730-749

-------------------- page 730 --------------------
[Council Journal.]

North Carolina—ss.
At a Council held at the Council Chamber in Edenton the 22d day of April 1728

The Honoble Sir Richard Everard Bart Govr &c
Chris Gale Esqr Member of the Council
F Foster Esqr Member of the Council
J Lovick Esqr Member of the Council
T Harvey Esqr Member of the Council
E Moseley Esqr Member of the Council
E Gale Esqr Member of the Council
J Worley Esqr Member of the Council

The Commissioners for running the line laid before the Board the Journal of their proceedings with the Plan of the Dividing Line between the Two Governments from Curatuck Inlet to a station upon Maherrin River where they left off which having been Read This Board approved thereof and Ordered the same to be Recorded in the Council Journal and that a copy thereof be forthwith Transmitted to the true and Absolute Lords Proprs And it is further ordered that Copies of the said Plan of the Line be Registered in each and every of the precinct Courts in Albemarle County

The Reciever General Informing this Board that he had not monies in his hands sufficient to answer the Draughts that was made upon him to Defray the charges of the Commissrs and others Employed in settling the Boundaries which this Board taking into consideration Doe hereby order the Reciever General to dispose of and sell so much of their Lordships Lands as will defray all the Charges in running the Line


The Boundaries betwixt the Two Governments haveing been long contested it being uncertain what was meant by Curratuck River or Gullet in the Kings charter and more disputed which was Wyanoke Creek The line being to begin at the North End of Curratuck river or Gullet but there was no River known by that name Curratuck being a large Bay Extending Northerly and Southerly of the Inlet and the North End of it above a Dozen miles to the Northward of the Inlett where the Line ought to have begun if by the river or Gullet was meant the Bay but that not having been duly insisted on, The Inlett in time began to be

-------------------- page 731 --------------------
Reputed the Bounds and the Northwest River and Channell up to it was acquiessed in as natural bounds which left all Notts Island in Virga to the southward of the Inlet, But the Governor of Verginia afterwards granted Patents to the sourthward of the said River where they thought it to the northward of a west line from the Inlett Vizl towards the head of the River up to the Dismall or the great Percosan on the westerley of which Pacosan the bounds remained unfixed and great Debates were about Wyanoke Creek to which the line was to Run the Grovernmt of Verginia pretending it was a Creek since called Wiccons and Carolina Claiming to be a place called Nottoway Com̄issioners were appointed by both Governments to settle the matter and Depositions taken on both sides concerning the Wyanoke Indians who at Different times lived at both places but no satisfaction being that way obtained and the observations made to find the Latitude differing as widely The Verga Comissrs making the Latitude of Wiccons to be in 36° 40' and Nottaway to be 37° or 37 10' this Egregious Error (as since it is Demonstrated to be) broke off the conference not without some warmth and undue Reflections made on it by Verginia And sometime after the Two Governors Vizl Coll Spotswood Lt Govr of Verginia and Coll Eden Governor of Carolina had an Interview upon it meeting at Nansemond and agreed on certain Proposalls about the Boundaries which was Interchangeably signed and submitted to his Majesty for His Royall approbation and the True and Absolute Lords Proprietors for their assent which being duly considered of by the Lords Proprietors was approved and orders sent over by them in the year 1723 to the Governor of Carolina to proceed and run the line pursuant to the said Proposalls of which Notice being given to the Governmt of Verginia They returned for answer That they had not recieved the Kings Instructions about it and so the matter rested till the year 1727 when the Honoble Sir Richard Everard Bart Govr of Carolina rec̄ed a Letter from the Govr of Verginia acquainting him that he had rec̄ed orders from the King to have the line run betwixt the Two Governments and had appointed Coll Byrd and Colonell Harrison Com̄issrs on the part of Verginia to Joyn with Com̄issrs to be appointed by Carolina desiring a time might be prefixed agreeable to both sides and Inclosed a Copy of the Proposalls agreed to betwixt the two Governors & His Majesties approbation and orders thereon in Council as followeth vizt

-------------------- page 732 --------------------

At ye Court of St James the 28th day of March 1727

The Kings most Excellent Majesty
Ld Arch Bpp of Canterbury
Ld Chancellor
Ld Arch Bpp of York
Ld Privy Seal
Ld Chamberlayne Duke of Argyle
Duke of Bolton
Duke of Montross
Duke of Kent
Duke of New Castle
Duke of Ancaster
Earle of Berkeley
Earle of Southerland
Earle of Findlater
Earle of Lowdon
Earle of Marchmont
Earle of Stair
Ld Visct Townshend
Ld Visct Landsdale
Ld Visct Cobham
Ld Visct Falmouth
Ld Visct Harcourt
Ld Bpp of London
Ld Carteret
Mr Treasurer
Ld Finch Controler
Ld Chief Justice Raymon
Mr Vice Chamberlayne
Lieutt General of the Ordnance

Whereas it hath been represented to his majesty at this Board that for adjusting the disputes which have subsisted for many year past between the Colonies of Verginia and North Carolina concerning their true Boundaries the late Governors of the said Colonies did some time since agree upon certain proposalls for regulating the said Boundaries for the future to which proposalls the Lords Proprietors of Carolina have given their assent And whereas the sd Proposalls were this Day presented to his Majesty as proper for his approbation His Majesty is thereupon pleased with the advice of his privy Council to approve of the said Proposalls (a copy whereof is hereunto annexed) And to order as it is hereby Ordered that the Governor or Comandr in Chief in the Colony of Verginia do settle the sd Boundaries in Conjunction with the Govr of North Carolina agreeable to the said Proposalls

A true Copy
Will Robertson Cler Con

-------------------- page 733 --------------------


Forasmuch as the dispute between the sd Two Governments about their true limits continue still notwithstanding the several meeting of the Comissrs and all the proceedings of many years past in order to adjust that affair and seeing no speedy determinations like to Ensue unless some medium be found out in which both parties may incline to acquiess Wherefore both the underwritten Governors having met and considered the Prejudice done both to the King and the Lords Proprietors Interest by the continuance of this Contest and truly endeavouring at a Decission which they Judge comes nearest the Intentions of the Royall Charter granted to the Lords Proprietors Do with the advice and consent of their respective Councils propose as followeth.

That from the mouth of Curratuck River or Inlett and setting the Compass on the North shore thereof a due west Line be run and fairly marked & if it happen to cutt Chowan River between the mouths of Nottoway and Wiccons Creek then shall the same direct course be continued towards the Mountains and be ever deemed the dividing line between Verginia and Carolina.

That if the sd west line cutts Chowan River to the southward of Wiccons Creek then from that point of Intersection the Bounds shall be allowed to continue up the middle of sd Chowan River to the middle of the Entrance of unto the sd Wiccon Creek and from thence a due west Line shall divide the Two Governments.

That if the said west Line cutts Blackwater River to the Northward of Nottoway River then from that point of Intersections the bounds shall be allowed to continue downe the middle of the sd Blackwater River to the middle of the Entrance into the sd Nottoway River and from thence a due west Line shall divide the said Two Governments.

That if a due west Line shall be found to pass thro Islands or to cutt out small slips of Land which might much more conveniently be included in the one Province or other by natural water bounds In such case the Persons appointed for running the Line shall have power to settle natural bounds Provided the Comissrs of both sides agree thereto and that all Variations from the west Line be punctually noted in the mapps and

-------------------- page 734 --------------------
Platts which they shall return to be put upon the record of both Governments all which is humbly submitted by


The Governor of Carolina on the reciept hereof was pleased to Nominate Christopher Gale Esqr Chief Justice John Lovick Esqr Secretary Edward Moseley Esqr Surveyr Genll and William Little Esqr Recr General to be Comissrs on the part and in behalf of this Government of North Carolina and on the sixth day of December returned an answer to the Governor of Verginias Letter acquainting him who he had appointed Comissrs on the part of Carolina And that it was desired there might be a previous Conference between the Commissrs at such time and place as the Verginia Comissrs would appoint to meet to fix the method of proceeding to agree in their Instruments and to remove any obsticles or disputes that might Retard the matter or create any Difficulties To which Governor Returned the following answer

Williamsburg Decemr 15 1727

I should have sooner dispatched your messenger and acknowledged the favour of yours of the sixth Instant had not the Court of Oyer and Terminer which met on monday last prevented till yesterday the meeting of the Council to whom I found it necessary to communicate the proposalls you was pleased to mention In answer to which I am now to tell you that we dont think a previous Conference needfull since the proposalls for determining the Boundaries approved by his Majesty and agreed to by the Lords Proprs as so plain as to admit of no grounds for dispute nor the Comissrs any room for altering the rules therein prescribed but it is agreed that whatsoever shall be necessary for Enabling the comissrs to proceed on their business may be concerted by Letters to which purpose Your Comissrs will Recieve by this conveyance from Ours what they Judge fit to be agreed upon for the better carrying on the Service The Death of Coll Harrison has occasioned a new nomination to supply his place so that I have appointed Richard Fitzwilliams and William Dandridge Esqrs Joyntly with Coll Boyd to be Comissrs on the part of this Government and its agreed that they shall be ready at the mouth of Curratuck Inlett on the fifth day of March next which I hope will suit the conveniency of your Comissrs being as early as the season of the year will admitt I have only to add my wishes for a happy Issue to this controversy to the mutual satisfaction of both Governments and am with great truth Sir Richards most faithfull & most humble Servt

-------------------- page 735 --------------------

At the same time was sent by the Commissrs on the part of Verga to the Carolina Com̄issrs the following Letter Vizt

Verginia December 16th 1727


We are sorry we cant have the pleasure of meeting you in Janry next as it is desired by your Governors Letter The season of the year in which that is proposed to be done and the distance of our habitations from your Frontiers will make our Excuse Reasonable besides his Majesties orders mark out our business so plainly that we are perswaded there can be no difficulty about the construction of it, after this what imaginable dispute can arise among Gent who meet together with minds averse to chicane and with Inclinations to do equal Justice both to his Majestys and the Lords Proprietors in which dispositions we no doubt comissrs on each side will find one another We are fully Impowered to agree at our first Meeting on what preliminaries shall be thought necessary which we hope you will likewise be, that an affair of so Great consequence may meet with no Delay or disappointmt We think it very proper to acquaint you in what manner we intend to come provided, that so you being appointed in the same station, may if you please do the same Honr to your Country We shall bring with us about Twenty men furnished with Thirty days provision we shall have with us a Tent and Marques for the convenience of ourselves and our Servants. We bring as much wine and rum as will enable us and our men to drink every night to the good Success of the following day And because we understand there are many Gentiles on the frontier who never had oppertunity of being Baptized we shall have a Chaplain wth us to make them Christians, for this purpose we intend to rest in our Camp every Sunday that their may be Leizure for so good a work and whoever in that Neighbourhood is desirous of Novelty may come and hear a sermon Of this you may please to Give publick notice that the Charitable intentions of this Governmt may meet with the happyer Success Thus much Gent we thought it necessary to acquaint you with and to make use of this first oppertunity to signify with how much satisfaction we rec̄ed the News of your being appointed Com̄issrs for that Government with whom we promise ourselves that we shall converse with a great deal of Pleasure and execute our comissions to the full content of those by whom we have the Honr to be Employed. We are Gent your most humble Servts

-------------------- page 736 --------------------

Upon receipt of these Letters the thoughts of any conference was dropt which was desired principally to have concerted some way that People might not Loose their Lands by falling in a Different Government from that they had gotten Patents in it being taken for granted in Verga that the Line would take in a great deal of Carolina unto Verginia and credibly reported that several Entries were made there of Peoples Lands in Carolina when they should fall into Verginia to obviate which if it should happen so and to have their Sentiments and resolutions upon it before hand in case the contrary should happen The Govr of Carolina at the request of the Comissioners wrote to the Govr of Verginia the following Letter in January


Your favour of the 15 of December I rec̄ed not till since Chrismas you think the proposalls agreed to already so plain and full as to need no previous Conference only what may be managed by Letter And tho I think the proposalls plain yet it was impossible to provide in every point I thou't it better previously to concert the manner of proceeding As I am extremely desirous the work should be Effected so I would gladly have all obsticles removed but as I am informed the Comissrs on your side will come Sufficiently impowred to agree at their first meeting on such Preliminaries as will be necessary so I shall take care to give Instructions as full By this occasion the Gent appointed for this Government will write to your Comissrs so I shall need say the less but there is one thing I cannot in Justice omit mentioning to you I am told several People have been Endeavouring to Enter Lands already seated by Verginia Patents if they should fall with in this Government and on the other hand the like attempts made there but as it is a thing against all Justice that People should be turned out of their houses and Lands for falling unexpectedly on one side of the Line or other without any preference to them I doubt not a Gent so disenterested and of so much candour & Justice will agree with me before hand to settle that point and not leave it to the poor People afterwards to seek redress against such Exhorbitant attempts. I therefore beg the favour of your answer fully and plainly to it by this Messenger, for my part I have heard what pretences may be made about it but I think a matter so manifestly against right and com̄on Justice cannot be Palliated by any pretences and therefore am so urgent now in time to prevent what may Else occasion so great Dusputes afterwards and doubt not you will concur with me in my Sentiments so that this may be a final End to all disputes about our boundaries both to the

-------------------- page 737 --------------------
Publick and private Persons which I shall think myself happy in Compleating and Doubt not that you have the same Just Desire & therefore think we Cant disagree in it and hope we shall always have a perfect harmony and good understanding I shall with the greatest pleasure Embrace all oppertunity to Cultivate and maintain it I am &c


At the same time the Comissrs of Carolina wrote to the Comissrs of Vergina the following Letter viz


We have the honor of your favour from Williamsburg the 16 Decr in which you signify the proposalls agreed to are so plain that you are pursuaded there can be no Difficulties arise about the construction of them we think so too if no disputes should arise in construing them yet the manner of our Proceeding in the Executing them we thought had better been previously concerted and the end of the meeting we proposed was to remove every thing that might lay in the way to retard the work which we seem all Equally Desirous to have amicably Concluded. We assure you Gent we shall meet you with a hearty Disposition of doing equal Justice to either Government and as you acquaint us you shall come fully Impowered to agree at Our first meeting to settle all necessary preliminaries we shall endeavour to have Our Instructions as Large Your Governor in his Last Lre to Ours was pleased to mention our conffering with you by Letter any matter previously to be adjusted We therefore take Leave to desire you will by this Messenger let us know after what manner you propose to run the Line wither you think to go thro the Dismall which is near 30 miles thro' and thought not passable or by taking the Lattitude at the first station to run a due West Line to the Swamp and to find the same Latitd on the West side of the Swamp and to continue a Due west Line to Chowan River or to make the second observation on Chowan River and run a due East Line to the great Swamp. We shall allso be glad to know what Instruments you intend to use to observe the Lattitude and find the Variation of the Compass with in order to fix a due west Line for we are told the Last time the Comissrs met their Instruments varied several minutes which we hope will not happen againe nor any other Difficulty that may occasion any Disappointment or delay after we have been at the trouble of meeting in so remote a place and with such attendance and equipage as you Inform us you intend on your parts, tho' we are at a Loss Gent whether to thank you for the particulars you give us of your Tent Stores and the manner you design to meet us, Had you

-------------------- page 738 --------------------
been Silent about it we had not wanted an Excuse for not meeting you in the same manner but now you force us to Expose the nakedness of our Country and to tell you we cant possibly meet you in the manner our great respect to you would make us glad to do whom we are not Emulous of outdoing unless in Care & Diligence in the affair we come to meet you about So all we can answer to that article is that we will Endeavour to provide as well as the Circumstances of things will admit us and what we may want in necessaries we hope will be made up in the Spiritual Comfort we expect from your Chaplian of whom we shall give notice as you desire to all Lovers of Novelty and doubt not of a great many Boundary Christians To conclued Gent we promise you to make Ourselves as agreeable to you as possibly we can and we begg Leave to assure you that it is a singular Pleasure to us that you are named on that part to see this business of so great concern & Consequence to both Governments Determined which makes it to be undertaken on our part more cheerfully being assured Gent your Characters are above any artifice or design

We are &c

In this Letter the Commissrs of Carolina tooke care to mention the allowance for the Variations of the Compass as a thing taken for granted and not Disputable tho it was much feared it would be and was one Reason for desiring the previous conferance to agree about, without which the Line would have run to the Southward of a due west Line and so to the Loss of Carolina and was a point of Two much consequence to leave wholly till the Comissrs met on the Spot and this Letter had its desired Effect for it brought on the matter to be debated by the Governmt of Verginia and finding Carolina to take it as not disputable they thought it too unreasonable to deny and ordered the Comission to be made accordingly as will be seen in their Commission Sometime after the Govr of Verginia wrote to Sir Richard Everard the following Letter vizt

Williamsburg Janry 22d 172⅞


I rec̄ed last night by the hands of your Messenger the favour of one of yours without date containing a proposall which seems to Import an Implicit Confirmation of all the Possessions in the controverted bounds without allowing time for Examining the Title by which they are held

-------------------- page 739 --------------------
This is a thing never before moved in all the negotiations between the Two Governments concerning the Boundaries Wherefore you will not think it strange if I take time to consider of a Project so new and unexpected for what ever compassion may be due to the poor People who have ignorantly taken up Lands in those parts you will no Doubt allow there is a Justice due to the King which I cannot without his Majesties Leave give up And I believe it will be found necessary to distinguish between the People that have unwarily been Led into a mistake and others who in contempt of Authority have taken possession of Lands to which they never had any pretence of Right but all these pretensions of the present Possessors will be best determined in the natural order in which they ought to come under Consideration that is first by settling the Boundaries that it may be known to which Province the Lands belong and then it will be proper to consider the Equity of the People in Possession who I hope have no Reason to Doubt the Justice of either Governmt whatever those pretences are which you say may be sett up against comon Right and Natural Equity for I am well satisfyed no such pretences will have any Countenance here Indeed when I consider the Solemn Engagements of both Governmts that no Lands should be granted within the Controverted bounds until the final determination thereof and observe how strict the orders of this Governmt have been in that point I cannot without Laying a heavy Imputation on North Carolina (which I am unwilling to do) Suppose there are in those bounds any number of People in the Circumstance you represent. However it seems to me a preposterous undertaking for you and I to busy ourselves in the dissenssion of a matter which perhaps may never come in Question at least appear very uncertain until the Com̄issrs have made there report and for my owne part I ffreely declare I am not for taking a trouble upon me untill I see it necessary for a publick good and I'm apt to think you will upon further Consideration incline to the same opinion To conclude Sir, Lett us give all the Dispatch we can to what our Superiors had recommended to us, the settling the boundaries which is of Publick concern and I hope we shall not then disagree about private Interests Such a regularity in our proceedings without suffering private concerns to mix with or obstruct the publick utility will be the surest means to preserve a perfect Harmony between the Two Governments to which I shall be allways ready to contribute my best Endeavours and more particularly to give you proof of the respect with which I am

Your Most Obedt &c
-------------------- page 740 --------------------

This Letter from the Governor of Verginia shewed how ill the proposall was Relisht there and tho the Charge in it might be easily obbiated and the Letter Retorted since the pretended agreement which is called the Solemn Engagement of both Governments was so long agoe that both side had gone from it The officers here declaring Verginia had first broken through it and tho the Letter would put off the matter by not mixing private concerns with publick as its Termd as tho that was not a publick thing too, yet it was plain that the Justice due to the King as its called, was the point fixed on that is, if it fell into Verginia it was the Kings Land and still at his Disposall and it was plainly seen to be in Vain to insist further on it and the time for the Com̄isors meeting drawing nigh there was no room for any further conference till they meet who rec̄ed too at this time a Letter from the Comissioners of Verginia of a Different Strain in very oblidging terms as to the business proposing in it if the Dismal could not be passed thro to make a traverse round but submitted it and that they designed to take the Variation of the Compass from the North Starr and giving assuring of a good harmony and perfect agreement & concluded with a great deal of good humour and Complaceance but what was most satisfactory was to find they seemed to have given up the point of the Variation willing to allow it so all things was prepared for the progress And the following commission and Instructions was given by the Govr of Carolina to the Com̄issioners Vizt.

North Carolina—ss.

Sir Richard Everard Bart Governor Captain General Admiral and Comander in Chief of sd Province

To Christopher Gale Esqr Chief Justice John Lovick Esqr Secretary Edward Moseley Esqr Sur General and William Little Esqr Attorney General


Whereas many differences have formerly been between the Inhabitants of this Province and those of his Majesties Colony of Verginia concerning the Boundaries and Limits between the said Two Governments which having been duly considered by Charles Eden Esqr late Governor of this Province and Alexander Spotswood Esqr late Govr of Verginia they agreed to certain proposalls for Determining the said controversy and humbly offered the same for his Majesties Royall approbation and the consent of the true and absolute Lords Proprietors of Carolina and his Majesty having been pleased to signify his Royall approbation of those proposalls (Consented to by the true and Absolute Lords Proprietors of Carolina) and given directions for adjusting and settling the said Boundaries as near as may be to the said proposall.

-------------------- page 741 --------------------

I therefore reposing special Trust and Confidence in you the said Christopher Gale John Lovick Edward Moseley and William Little Do by and with the advice and consent of the Council of this Province authorize and appoint you the said Christopher Gale John Lovick Edward Moseley & William Little to be Comissrs on the part of the True and absolute Lords Proprietors of Carolina And that you in Conjunction such Comissrs as shall be nominated for Verginia use your utmost Endeavours and take all necessary care in adjusting and settling the said Boundaries by drawing such a Distinct Line or Lines of Division between the said Two Provinces as near as reasonably you can to the said Proposalls made by the Two former Governors and the Instructions herewith given you

Given at the Council Chamber in Edenton under my hand and the Seal of the Colony this 21st day of February Anno Dom 1727. And in the first year of the reign of King George the Second


North Carolina—ss.

“Sir Richard Everard Bart Governor Capt General Admiral and Com“ander in Chief of the sd Province

Instructions to Chistopher Gale Esqr Chief Justice John Lovick Esqr Secretary Edward Moseley Esqr Surveyr Genl and William Little Esqr Attorney General Commissioners for settling the Bounds and Running the Line between this Government and the Colony of Verginia.


1st You herewith recieve a Comission for Settling the Boundaries and running the Line line betwixt this Government and Verginia in conjunction wth the Comissrs appointed in behalf of that Government & for your Direction therein I have Ordered to be delivered you a Copy of the proposalls agreed on between the Two Governmts which having passed the Royall approbation and had the consent of the True and absolute Lords Proprietors of Carolina you are strictly to Regard & pursue

2dly For your assistance in Executing yr Comission you are to take with you such Surveyers and other assistance as you shall think necessary

-------------------- page 742 --------------------

3dly You are to take particular care that the Instruments to be used on the part of this Government as well as those on the part of Verginia are correct and fit for the service and particularly you are to be very carefull that the Compass to be used for running the due west Line have no Variation but if on Tryall thereof the same shall be found to have Variation you are then to have the same Rectifyed and allowance to be made for the Variation so that a due west Line may be Run & Marked

4thly If on Tryall there shall appear to be any Variation in the Compass and the Comissrs on the part of Verginia Refuse to make due allowance for the same so that it shall appear to you the division line to be run thereby will not be a due West Line in such case you are to show to the Comissrs on the part of Verginia your Dissent to such Proceedings and having protested against the same in Form (which you are hereby required to Do and to Deliver a Copy thereof unto them) you are thereupon to forbear acting any further in Concert with the said Comissrs and to make a very Early Report to me of such your Dissent and Protestation and if any orther Differences should arise that you cannot accomodate you are also to shew your Dissent by Protesting and giving a Copy thereof to the Comissrs on the other parte and to enter the same on your Journals and acquaint me as soon as may be therewith.

5thly It is certain that in the way a due west Line from the first station there is a very large Swamp Judged to be Thirty miles wide and not to be passed without the utmost Difficulty and very great expence It is left to you to concert with the Verginia Comisors the most proper measures to run the due west Line through that swamp if it shall be Judged practicable or otherwise having found the Latitude of the first station you are afterwards to find the same Lat on the west side of the swamp and from thence to continue a due west Line or after such other manner as shall be agreed on by you and the Verginia Comissrs

6thly The council having agreed that a handsome allowance should be made the Comissrs for their Trouble and Defraying the necessary charges and that I should give orders to the Reciever General for such sums of money as shall be necessary to defray the Charges & for your owne Trouble the same allowance that is made by the Govr of Verginia to their Comissrs which the Reciever General is hereby directed to pay accordingly

7thly You are to keep an exact Diary or Journal of all your proceedings in the Execution of your Com̄ission which you are to lay before me and the Council with all convenient speed that the same may be Transmitted to the True & absolute Lords Proprs of Carolina

-------------------- page 743 --------------------

8thly Whereas upon your running the Line it may happen that Lands taken up in Verginia may fall into this Government and Lands taken up here may fall within that Government and the Governor of Verginia not having consented previously to settle that Point so as private properties may not be Effected by Running the Line your are not only to make a plann or Draught of the Boundaries settled but you are particularly to take an accot of all Lands Surveyed and taken up by any under the Government of Verginia that shall fall within this Government and not to suffer any new Entries to be made on such Lands till the matter shall be laid before me in Council or in case you shall find the Comissioners for Verginia Impowered to settle that matter then you are likewise Authorized so to do and are hereby Impowered to Directed to adjust settle & agree with the Comissrs of Verginia in the best method you can that no private property be affected by settling the Boundaries but that their Rights remain good let them fall on the one side of the line or the other

9thly This affair of so great consequence to both Governments I have thought fit (with the advice of the Council) to Entrust you with in the most full and ample manner and as you are all of you Gentlemen that the Lords Proprietors have thought proper to be Entrusted with their imediate Comission for Executing several offices of the greatest concern to them and their province I doubt not but you will have a just regard to their Interest and that the Division Line may be truly made out conformable to proposalls herewith delivered on the part of both Governments I shall therefore Refering myself to them have no further necessity to Enlarge to you on this occasion but to leave this affair wholly to you in the most ample manner it can be as it is by your Comission and these Instructions Declared to be done and the said proposalls agreed on altho the same should Require more full authority then is herein expressed.

Given under my hand and the seal of the Colony at Edenton the 28th day of February Anno Dom 1727


On the last of February the Comissrs set off and met the Verginia Comissrs at Curratuck the fifth day of March at the Inlet but some being prevented by the Weather nothing was done that day but at night the Variation was taken by the North Starr Vizt when the North Starr and 4th in the great Bear come on the meridian together or on a perpendicular

-------------------- page 744 --------------------
which was done by a Line hanging Perpendicular at the end of a Pole and a moveable Light at Some distance on the ground to range at at the same time in the line and afterwards that light remaining fixed and the perpendicular line set by the compass and the Variance of that from the Needle is the Variation which was found about 3o and the Sun's amplitude the next morning made it much the same and so again when the north Star was observed the second night so that was agreed on to be the Variation of the Compass the Latitude too was observed and found to be about 36° and 31m

Wednesday March the Sixth

The Commissioners on both sides being now present Vizt

For Carolina Col Gale
For Carolina Col Lovick
For Carolina Col Moseley
For Carolina Col Little
Col Byrd for Verginia
Col Fitzwilliam for Verginia
Col Dandridgefor Verginia

The Commissions on both sides being opened and Read and that to the Comissrs of Carolina refering to their Instructions the Comissrs of Verginia desired to hear those Instructions but it was answered them That there was but Two things in them that at this time referred Immediately to them, the one was previously to have Settled the point of private properties not being injured by runing the Line but as to that their Commission was a full answer directly forbidding them to inter meddle with it and the other was about allowing the Variation of the Compass which they had acceeded to in their Comission and so needless to shew them and as to any thing further if necessary in the course of our proceedings should shewn to them Then it was desired by the Comissioners of Carolina that that copies of the Comissions might be Interchanged which was agreed to and a Copy of the foregoing Com̄ission to the Comissrs of Carolina was granted to the Comissionrs of Virga & a Copy of the Verginia Com̄ission given to those of Carolina which was as followeth Vizt

George the Second by the grace of God of Great Britain ffrance and Ireland King Defender of the ffaith.

To Our Trusty and well beloved William Byrd Richard Fitzwilliam and William Dandridge Esqrs Members of our Council of our Colony and Dominion of Verginia Greeting

Whereas Our Late Royall Father of Blessed memory was gratiously pleased by order in his privy Council bearing date the Twenty Eighth day of March One Thousand Seven hundred and Twenty Seven to approve of certain proposals agreed upon by Alexander Spotswood Esqr

-------------------- page 745 --------------------
late Lieut Govr of Verginia on the one part and Chareles Eden Esqr late Govr of the sd Province of North Carolina for Determining the controversy relating to the bounds between the sd Two Governments and was further pleased to direct and order that the said Boundaries should be laid out and settled agreeable to the said Proposalls

Know yee therefore that we reposeing Special Trust and Confidence in your ability and Provident Circumspection Have assigned Constituted and appointed and by these presents Do assign Constitute and appoint you and every of you Joyntly Severally Our Commissioners for and on behalf of our Colony of Verginia to meet the Comissioners appointed or to be appointed on ye part of North Carolina and in conjunction with them to cause a Line or Lines of Disvision to be run and marked to divide the said Two Governmts according to the Proposalls aforementioned and the order of our late Royall Father copies of both wch you will herewith receive And we do further Give and grant unto you (or in case of the Death or absence of any of you) such of you as shall be present full power and authority to Treat & and agree with the said Comissionrs of the Province of North Carolina on such rules and methods as you shall judge most Expedient for the adjusting and finally Determining all Disputes or Controversies which may arise touching any Islands or other small slips of Land which may happen to be intersected or cutt out by the said dividing Line aforesaid and which may with more conveniency be included in the one Province or the other by natural water bounds agreeable to the proposalls aforementioned and Generally to Do and Perform all matters and things requisite for the final Determination and Settlement of the said Boundaries according to the said Proposalls And to the End our Service herein may not be disappointed through the refusal or Delay of the Comissrs for the Province of North Carolina to act in Conjunction with you in settling the Boundaries aforesaid we do hereby Give and Grant unto you or such of you as shall be present at the time and place appointed for runing the Dividing Line aforesd full Power and authority to cause the said Line to be run and marked out conformable to the said proposalls having due regard to the doing Equal Justice to us and to the Lords Proprietors of Carolina, any refusal and disagreement or opposition of the sd Comissrs of North Carolina notwithstanding and in that case we hereby require you to make a true report of your Proceedings to our Lieutt Govr or Comandr in Chief of Verginia in order to be laid before us for our approbation and final Determination therein and in case any Person or Persons whatsoever shall presume to Disturb Molest or resist you or any of the Offrs or Persons by your direction in

-------------------- page 746 --------------------
runing the said Line & executing the Powers herein Given you we Do by these presents Give and grant unto you or such of you as shall be attending the Service aforesaid full Power and authority by warrt under your or any of your hands to order and command all and every the Militia Officers in our County of Princess Ann Norfolk Nansemond Isle of Wight or other the adjacent Counties together with the Sheriffs of each of the said Counties or either of them to raise the Militia and Posse of the said severall Counties for the removing of all force and opposition which shall or may be made to you in the due execution of this our Comission and we do hereby will and require as well the Officers of the sd Militia as all other our Officers & Loving subjects within the said Counties and all others whom it may concern to be obediant aiding and assisting unto you in all and Singular the Premisses And we Do in Like manner command and require you to cause fair Maps & Descriptions to be made and returned to our Lieutent Governor or Comander in Chief of our said Colony for the time being in order to be entered upon record in the proper Offices within our said Colony Provided you do not by Colour of this our Com̄ission take upon you to Treat of or Determine any private mans property in or to the Lands which shall by the said Dividing Line be included within the Limits of Verginia nor of any other matter or thing that doth not relate im̄ediately to the adjusting settling and finall Determination of the boundaries aforesd conformable to the proposalls herein before mentioned and not otherwise Witness our Trusty and well beloved William Gooch Esqr our Lieutenant Governor and Commander in Chief of our Colony & Dominion of Verginia under the seal of our said Colony at Williamsburg the 14th day December One Thousand Seven hundred and Twenty Seven in the first year of our Reign



W Byrd
R Fitzwilliam
W Dandridge

There was also a Debate at this conference about the first Station to Sett off at, the place being a Little altered since the proposalls were made So Depositions were taken of the neighbouring People. Thursday March 7—A Cedar post was fixed in the sand on the North side of the Inlett for the first Station and a due west Line Sett out Vizt by the Compass No 87 w and that day the Line was run as far as Notts Island about 20 Rodds to the Northward of Wickers House and so cross the Island to the marsh leaving about Three hundred and fifty acres Upland

-------------------- page 747 --------------------
of the Island in Verginia and Two Families, the rest of the Island taken into Carolina which is about five miles long and also Jones's Island Joyning to it which contains about Two Thousand Acres and about half a Score of Families thereby taken into Carolina that before were in Verginia. Fryday March 8th This day the Line was run from Notts Island thro the marsh and a part of Back Bay to the main Leaving a Little of the marsh to the Northward but the greatest part taken into North Carolina. Of which, tho some Thousands of Acres, little Serveyed, as could be Learned, only some by Capt White and about five hundred and forty acres by Mr Morse. The main here is a point of Land made by Back Bay and North River being about a mile & half over and the way cut by the Line near Two miles from the End of the Point leaving about five or Six families to the Southward that had been reputed Verginian. Saturday March 9th The Line was continued across the Point of Princess Anne County Striking North River to Northward of Richard Eislands house; crossed the river and a great Body of marsh to the Upland near Three miles to the Northward of the mouth of Northwest River which had been the reputed bounds. Sunday March the 10th Rested at our camp at Marchands Plantation. Monday March 11th The Line was this day continued to Northwest River at the mouth of a small Creek runing Easterly towards Northerns house being about a mile to the Northward of Moyock Creek taking into Carolina between North River and where it cutt Northwest river about five or Six Thousand Acres of Land taken up, besides Quantities of Marsh and other Land including Three Thousand One hundred acres formerly belonging to Governor Gibbs now said to belong to Honoble Mr Bladen one of the Lords of Trade; their being five or six families in that Space taken from Verginia Tuesday March the 12th The Line was run from Northwest River Two hundred and Thirteen Chains to a Stooping Red Oak by a path side that Leads from John Monks to Henry Brights being about Twenty miles from the Inlett the Line runing about Three Quarters of a mile to the Southward of the Bridge over North west River leaving about four or five poor families and small tracts of Land in Verginia that before was reputed in Carolina this being the first Land that Verginia gained Wednesday March 19th This Day the Line was Continued to the Edge of the great Swamp or Dismall Two hundred and Seventy Eight Chains being about Twenty Three miles and a half from the Sea, the Line this day runing a few rodds to the Southward of Richard Ballamy Senr Henry Everidge to the Southward leaving William Ballamy to the Northward and Richard Linton to the southward and only three Carolina
-------------------- page 748 --------------------
familys were this day left into Verginia tho they all had but one Tract or Six hundred and forty acres of Land among them. A few familys to the Southward of North West River were left in Verginia who had Verginia Patents before and belonged there Thursday March 14th The Line Entered the Dismall & was to the Twenty Eight before it was finisht Thro' being found to be about fifteen miles in a direct course thro and came out to Northward of Corcapeek Swamp greatly to the Disappointment of the Verginian and great Satisfaction of Carolina Twenty ninth of march the line was run near the Main Road that Leads from Perquimons to the white marsh in Verginia cutting the said Road about Seven or Eight miles to the Northward of Capt Speight and a marked post was put up by the Road Thirtieth of March This day the Line was Run five hundred and fifteen Chains near to Richard Parkers whose house was left about one hundred Rod to the Southward March 31 Sunday—April the first The Line was this day Run Nine hundred and thirteen Chain to Somerton Creek cutting Somerton Road about a mile and a half to the southward of the Chapple and Mahering ferry road near William Speights whose plantation was split by the Line, post marked being put up on the main Roads where the Line Crost them April the second This day the line was Run seventy Two Chain & a half to Blackwater River cutting the said River above the mouth of Nottoway & thence run downe according to the Proposalls to the mouth of Nottoway going South on a Streight Line 44 Chain and the Line was continued this day to this upland from Nottoway River to an Indian Old Field It now appeared how the Government of Verginia had been Mistaken and how exceedingly their former Com̄issioners and Surveyrs had Erred in their Reports & observation from the great swamp or Dismall to Blackwater being Twenty one miles and a half There was taken by the Line into Carolina a very great Quantity of Lands and Number of Families that before had been under Verginia of which the time would not admit to take an Exact account but computed to be above One hundred Thousand acres and above Three hundred Tythables April ye Third The Variation was observed in the Night and found to be here 2½° so the Line was Run by the Compass N 87 30' West and continued 1022 Chains this day to the side of Maherrin River being above a Quarter of a mile to the Northward of the Line run formerly by Coll Allen by order of the Government of Verginia which was done without allowing for the Variation of the Compass by which means some Lands & Two or Three families were this day taken into Carolina from Verginia April the fourth This Day a Conference of the Comissrs was held
-------------------- page 749 --------------------
and it was proposed by the Com̄issrs of Verginia that the Hott Weather coming on & the season of the year for Snakes and other Vermins the continuing the service further now might be Dangerous desiring the Opinion of the Comissrs if it would not be better to deferr the finishing the Line untill the fall. To which it was answered by the Com̄issrs of Carolina They would be Governed in it by the Gent Comissrs of Verginia being willing to proceed if they would but if they thought fit to Deferr it to the fall it was submitted so after some Debate it was agreed on to Deferr the matter till the ffall for finishing the Line and the Comissrs agreed to meet again on the 10th of September following only this day to run the Line to some better place to leave off at and accordingly the Line was continued crossing the river Maherring Three times to a Red Oak on the West side thereof about a mile above Mr Kinchens at whose house the Comissioners broke up April the fifth This day was spent in making plans of the Line and compleating & Comparing the proceeding that had been April the Sixth This Day Plans & Draughts of the whole being finished were Interchangeably Signed and Delivered by the respective Comīssrs of each Government to the other and about Ten of the Clock took Leave of each other in a very friendly manner there having been a good harmony preserved during the whole Expedition. Herewith is also the Original Plan of the Line certifyed by all the Comissrs all which being preformed with no Little hardship and the greatest care and Diligence is humbly offered to be laid before the Lords Proprietors hopeing it will be approved of by them and give a general satisfaction to the Country by ending the Dispute that has so long subsisted between the Two Governments and by making such Large acquisitions to their Lordshipps Country when nothing less than coming to Wiccons Creek was depended on in Verginia wch would have taken from what is now made this Country a Tract of Land fifteen miles wide at Wiccons and so quite back and a Great many hundred familys which is now Determined and Secured in this Government which is much Enlarged and Encreased thereby And had it gone a few miles more Northerly that by taking Nansemond River would have given us a port for shipping Tobacco which the Verginians by their hard Tobacco-Act have restrained would have made this a Large and most flourishing Country.