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Minutes of the Virginia Governor's Council
Virginia. Council
October 24, 1710
Volume 01, Pages 746-749

[B. P. R. O. B. T. Virginia. Vol. 13. O. 65.]
The Honble the Lieutt Governr
Edwd Jenings
Dudley Diggs
Robt Carter
Jno Curtis Esqre
Ja: Blair Comrs
Phillip Ludwell
Henry Duke
Jno Smith
Jno Lewis
Wm Churchill
and Wm Byrd Esqre

Upon reading & considering at this Board the Journal & report of Phillip Ludwell Esqre & Nath1 Harrison Gents Commissioners appointed for settling the Boundarys between this her Majestys Colony & the province of Carolina. The Councill are of opinion, that for obviating any misrepresentations wch may be made in England by the Comrs on the

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part of Carolina, It is necessary for her Majtys Service, to transmit to the Rt Honble the Lords Comrs for Trade & plantac̄ons, a Copy of the sd Journall & report, & likewise represent to their Lordships the difficulties wch the Comissrs appointed for this Colony have encountered in order to bring those of Carolina, to joyne in the necessary measures for accomplishing this work. That the sd Comissrs of Carolina, are both of them persons engaged in Interest to obstruct it, for one of those Gentlemen has been for Severall years last past Surveyor General of that Province, & has acquired to himself great profit by Surveying Lands wthin the controverted bounds, and has taken up severall tracts of land in his owne name & sold the same to others for wch he stands still obliged to obtaine patents from the Governmt of Carolina. The other of them is at this time Surveyor Generall, & hath the same prospect of advantage by making future surveys within ye said Bounds—That the whole behaviour of the Carolina Comissrs hath tended visibly to no other end than to protract & Defeat the Settling this Affair; & particularly Mr Moseley has used so many Shifts & excuses to disappoint all Conference wth the Comissrs of Virga as plainly show his Aversion to proceed in a business that tends so manifestly to his disadvantage. His prevaricatting on this occasion hath been so indiscreet & unguarded, as to be discovered in the presence of her Majtys Lieutt Governr He started so many Captious objections, to the powers granted to Comissrs of Virga wth designe to render their Conferences ineffectuall, that his owne Colleague could hardly find an Excuse for him. And when the Governr had with much ado prevailed wth the said Mr Mosely, to appoint a time for meeting the Comissrs of Virga & bringing the necessary Instruments, to take the lattitude of the Bounds in Controversy (wch Instruments he owned were ready in Carolina) he not only failed to comply with his own appointment, but after the Comissrs of Virga had taken the pains to make a journey to his house, & attend him to the places proper for observing the Lattitude, he would not take the trouble of carrying his owne Instrument, but contented himself to find fault with the Quadrant produced by the other side, tho' the same be an Instrument approved by the best Mathamaticians, & of universall use. From all wch it is evident, how little hopes there are of Settling the sd Boundarys in concert with the present Comissrs of Carolina. That tho' the bound of the Carolina Charter are in express words limited to Weyanoake Creek lying in or about thirty six degrees & thirty minutes of north Latitude, Yet the sd Comissrs of Carolina have not by any of their Evidences, pretended to prove any such place as Weyanoake Creek, the whole of their Evidence reached no further than to prove Weyanoake
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river & even that is contradicted by the affidavits wch have been taken on the parts of Virginia. By these it is proved that before the date of the Carolina Charter & all along to this day the place they pretend to be Weyanoake River, was & is still called Nottoway River. But supposing the same had been called Weyanoake river, it can be nothing to their purpose, since every one knows there is a great difference between a River & Creek: besides there are in this Country diverse rivers & Creeks of the same name, Potomack River & Potomack Creek, Rappahanock River & Rappahanock Creek, & several others & yet there are many miles differences between the mouths of those Rivers, & the mouths of the Creeks of the same Name. It is also remarkable that the witnesses on the part of Carolina are all very ignorant persons, & most of them of ill fame & reputation, & on yt accot were forced to fly from Virga to Carolina. Further there appear many contradictions in their Testimony, wch shall be particularly observed, when this matter shall be ripe for a final report. Whereas on the other hand, the witnesses for proving her Majtys right are persons of clear fame & eminent figure in this Country, likewise their knowledge of those parts is more ancient than any of the witnesses of Carolina, & their Evidence fully corroborated by the Concurrant testimony of the Tributary Indians. It is also Confirmed by the observations of ye Latitude lately taken in those parts; by which it is very plain that the Creek proved to be Weyanoake Creek by the Virga Evidences, & sometimes called Wayocon, Answers best to the Lattitude described in ye Carolina Charter; For this lys in thirty six degs & forty minute (wch is ten minutes to the northward of the limits prescribed in their grant) But Nottaway River wch they pretend to have been called Weyanoake River, lyes exactly in the lattitude of thirty seven degs & can by no construction be supposed to be the Boudarys described in their Charter. So yt upon the whole matter, if the Comissrs of Carolina had no other views than to clear the just right of the Proprietors, such undeniable Demonstrations would be sufficient to convince them, But the said Comrrs give too much Cause to suspect that they mix their own private Interests, with the Claims of their Masters, & for that reason endeavour to gain time in order to secure patents for the lands already unwarrantably taken up, & to have liscence to survey the rest & on this occasion it is observable that they proceed to survey the land in dispute, notwithstanding the assurance given by that Government to the Contrary, by their letter of the 17th of June 1707 in wch they say That no lands should be taken up wthin the Contraverted Bounds, till the same were Determined. This Board do therefore humbly Conceive it Necessary for
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her Majtys service that a letter be writt to the present Governr or Presidt of Carolina to assert her Majtys Right to all the lands to the Northward of the mouth of Weyanoke Creek & the line that will run in a due west course from thence to Morattuck River, as it is proved by the witnesses on the part of Virga & also to protest against the signing of patents for any lands within those Bounds, till her Majtys pleasure be known. And because the Governmt of North Carolina, who have broke thro their former engagements, may still refuse to Comply with so just a Caution. It is humbly prayed that the Rt Honble the Lords Comissrs for Trade & Plantac̄ons, will be pleased to take such measure, as they shall think proper, wth the Lords proprietors of Carolina, to Stop the passing of any such patents, & to vacate the same if already passed, For besides the many inconveniences wch may happen to this her Majtys Governmt of Virga, by allowing of such grants. It is highly unreasonable that her Majesty should be deprived of her just dues for the Entrys & Quit rents of those lands, & that the Governmt of Carolina or any private persons whatsoever should reap advantage by their illegal encroachments on her Majtys property—

And for preventing all occasions of complaint wch may be made on the part of the Comsors of Carolina, it is ordered that the Comissrs for this her Majtys Colony do attend them at such times as they shall appoint, for trying the Lattitude by their Instruments, & for Examining the witnesses wch they yet pretend to have. And in Case the sd Commissrs of Carolina shall still refuse to lay out the Boundarys, according to her Majtys directions, The Comrs of Virga are further required to Endeavour, that a state of the Case be drawne up & signed by both partys, according to the truth of the facts proved, in order to be layed before her Majesty for her Royall pleasure & final Determination therein.

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