plaint to the King, who issued a proclamation in 1763 giving the lands between Altamaha and St. Marys rivers to Georgia. The question of the boundary on the Savannah, however, remained unsettled until 1787, when a convention between the two States was held at Beaufort, S. C., to determine it, and the line was fixed as at present. (See fig. 10.)

The following is an extract from the articles of agreement:

62

The most northern branch or stream of the river Savannah from the sea or mouth of such stream to the fork or confluence of the rivers now called Tugaloo and Keowa, and from thence the most northern branch or stream of the said river Tugaloo till it intersects the northern boundary line of South Carolina, if the said branch or stream of Tugaloo extends so far north, reserving all the islands in the said rivers Savannah and Tugaloo to Georgia; but if the head spring or source of any branch or stream of the said river Tugaloo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi, to be drawn from the head spring or source of the said branch or stream of Tugaloo River which extends to the highest northern latitude, shall forever hereafter form the separation, limit, and boundary between the States of South Carolina and Georgia.

In the same year South Carolina ceded to the United States a strip of territory which she claimed, about 12 or 14 miles wide, south of the North Carolina line and extending to the Mississippi. South Carolina's claim to this narrow strip below the thirty-fifth parallel was based on inadequate geographic information. It was no doubt believed that the source of the "most northern branch or stream of the said river Tugaloo" was some distance south of the North Carolina line. but recent surveys show that the headwaters of the Chattooga, which is a branch of the Tugaloo, are north of the thirty-fifth paral lel and within the limits of North Carolina.63 The agreement between South Carolina and Georgia in 1787 fixed a portion of the boundary across a strip of land to which Georgia then had no claim. Fortunately, later disputes regarding this territory were made impossible by its cession to the United States and the cession of the eastern part to Georgia. W. R. Garrett, in a paper read before the South Carolina Historical Society, November 8, 1881,64 stated that "The lines described did, therefore, include something and did conTey a real title." With this conclusion the present writer does not

agree.

In 1917 the Legislature of Georgia authorized the bringing of suit in the Supreme Court of the United States in order to settle a longstanding dispute between that State and the State of South Caro

421 Stat. L. 466.

See the U. S. Geological Survey map of the Cowee quadrangle, S. C.

"History of South Carolina cession, p. 11. See also Battle, C. E., The GeorgiaTennessee boundary dispute: Georgia Bar Assoc. Rept.

Nineteenth ann. sess., p. 101,

Atlanta, 1902. See also 13 Howard 405-406 (19 U. S. 551).

lina regarding their common boundary. The court decision, rendered January 30, 1922, is in part as follows:

(1) Where there are no islands in the boundary rivers the location of the line between the two States is on the water midway between the main banks of the river when the water is at ordinary stage; (2) where there are islands the line is midway between the Island bank and the South Carolina shore when the water is at ordinary stage; and (3) that islands in the Chattooga River are reserved to Georgia as completely as are those in the Savannah or Tugaloo rivers.

GEORGIA.

Georgia was included in the proprietary charter granted to the lords proprietors of Carolina in 1662,and 1663, for which a provincial charter was substituted in 1719.

In 1732 the charter of Georgia as an independent colony was granted by King George II. The following is an extract:

65

all those lands, countrys, and territories, situate, lying and being in that part of South-Carolina, in America, which lies from the most northern part of a stream or river there, commonly called the Savannah, all along the sea coast to the southward, unto the most southern stream of a certain other great water or river called the Alatamaha, and westerly from the heads of the said rivers, respectively, in direct lines to the south seas, with the islands of the

sea, lying opposite to the eastern coast of the said lands, within twenty leagues of the same.

This charter was surrendered in 1752, and a provincial government was established.

In 1763 the territory between Altamaha and St. Marys rivers was added to Georgia by royal proclamation. (See South Carolina, pp. 134-135.)

In the constitution adopted by Georgia in 1798 the boundaries are thus described (see fig. 10):

66

The limits, boundaries, jurisdictions, and authority of the State of Georgia do, and did, and of right ought to extend from the sea or mouth of the river Savannah, along the northern branch or stream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee, and from thence along the most northern branch or stream of the said river Tugalo, till it intersect the northern boundary line of South Carolina, if the said branch or stream of Tugalo extends so far north, reserving all the islands in the said rivers Savannah and Tugalo to Georgia; but if the head, spring, or source of any branch or stream of the said river Tugalo does not extend to the north boundary line of South Carolina, then a west line to the Mississipp, to be drawn from the head, spring, or source of the said branch or stream of Tugalo River, which extends to the highest northern latitude; thence down the middle of the said river Mississippi unt 1 it shall intersect the northernmost part of the thirty-first degree of north latitude, south by a line drawn due east from the termination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Apalachicola or Chatahoochee; thence along

Thorpe, F. N., op. cit., vol. 2, p. 771.

6 Idem, vol. 2, p. 794.

the middle thereof, to its junction with Flint River; thence straight to the head of Saint Mary's River, and thence, along the middle of Saint Mary's River, to the Atlantic Ocean, and from thence to the mouth or inlet of Savannah River, the place of beginning, including and comprehending all the lands and waters within the said limits, boundaries, and jurisdictional rights; and also all the islands within twenty leagues of the seacoast.

In 1802 articles of agreement were entered into whereby Georgia ceded to the United States the lands west of her present boundaries, and the United States ceded to Georgia the eastern part of the South Carolina cession of 1787. (See South Carolina, p. 135.)

The following extracts show the limits of the two cessions: 66

The State of Georgia cedes to the United States all the right, title, and claim which the said State has to the jurisdiction and soil of the lands situated within the boundaries of the United States, south of the State of Tennessee and west of a line beginning on the western bank of the Cĥatahouchie River where the same crosses the boundary line betwen the United States and Spain; running thence up the said River Chatahouchie, and along the western bank thereof to the great bend thereof, next above the place where a certain creek or river, called "Uchee" (being the first considerable stream on the western side, above the Cussetas and Coweta towns), empties into the Chatahouchie River; thence in a direct line to Nickajack, on Tennessee River; then crossing the said last-mentioned river, and thence running up the said Tennessee River and along the western bank thereof to the southern boundary line of the State of Tennessee.

The United States lands

cede to the State of Georgia

the situated south of the southern boundaries of the States of Tennessee, North and South Carolina, and east of the boundary line herein above described as the eastern boundary of the territory ceded by Georgia to the United States.

For a history of the boundary between Georgia and South Carolina, see South Carolina, page 135.

The history of the boundary between North Carolina and Georgia has already been given. (See North Carolina, p. 131.) It may be proper, however, to add that this line (the thirty-fifth degree of north latitude) was fixed by the cession, above detailed, from the United States to Georgia of that part of the South Carolina cession east of the present western boundary of Georgia.

A long controversy ensued between Georgia and North Carolina regarding the boundary, with no results until 1810, when Georgia empowered her governor to employ Andrew Ellicott to ascertain the true location of the thirty-fifth degree of latitude. Ellicott did so, and the point fixed by him was acquiesced in.Geb

The boundary between Georgia and Tennessee was established in 1818 and is described as follows: 67

Ga Georgia act of April 24, 1802.

Gab See Cobb, Digest of State laws of Georgia to 1851, p. 150.

67 Tennessee Laws, 1817-1820, vol. 2, p. 475; Georgia acts, 1810-1819, p. 1217; see also Haywood, John, op. cit., p. 13, The description given by Haywood differs slightly in wording from the others, but the essential features are the same. A copy of the map of the survey is on file in the office of the Secretary of State for Georgia.

Beginning at a point in the true parallel of the thirty-fifth degree of north latitude, as found by James Camak, mathematician on the part of the State of Georgia, and James S. Gaines, mathematician on the part of the State of Tennessee, on a rock about two feet high, four inches thick, and fifteen inches broad, engraved on the north side thus: "June 1st, 1818; var. 6 east," and on the south side thus: "Geo. lat. 35 north; J. Camak," which rock stands one mile and twenty-eight poles from the south bank of the Tennessee river, due south from near the center of the old Indian town of Nickajack, and near the top of the Nickajack Mountain, at the supposed corner of the states of Georgia and Alabama; thence running due east, leaving old D. Ross two miles and eighteen yards in the State of Tennessee, and leaving the house of John Ross about two hundred yards in the State of Georgia, and the house of David McNair one mile and one-fourth of a mile in the State of Tennessee, with blazed and mile-marked trees, lessening the variation of the compass by degrees, closing it at the termination of the line on the top of the Unicoi Mountain at fire and one-half degrees.

Another line for the boundary between Georgia and Tennessee, based on new observations for latitude, was run in 1826 by James Camak, along a parallel about 37.9 chains north of the line run by him in 1818, but apparently it was not accepted by either State as the true line. Attempts have been made by Georgia to have the line relocated, but the line as run in 1818 still stands as the accepted boundary, although in places it is a mile south of the thirty-fifth parallel.

The present boundary between South Carolina and Georgia is thus described: 68

Beginning at the mouth of the Savannah River; along the river to the junction of the Kiowee, and along the Tugaloo to the junction of the Tallulah and Chattooga; thence along the Chattooga to a point on the 35th parallel of north latitude, at the union of the northern boundary of South Carolina and the southern boundary of North Carolina. The general course is about north 35° west, and the length, in a direct line, about 247 miles. It terminates at Ellicott's Rock, on the Chattooga River, marked "Lat. 35°, A. D. 1813, N. C., S. C."

This line, in conformity with the treaty of Beaufort, separates Georgia from South Carolina (all the islands of the rivers Savannah, Tugaloo, and Chattooga being reserved to Georgia).

The boundary between Georgia and Florida was fixed by the treaty of 1783, between the United States and Great Britain, substantially as at present, viz:

Commencing in the middle of the Apalachicola or Catahouche River, on the thirty-first degree of north latitude; thence along the middle thereof to its junction with the Flint River; thence straight to the head of Saint Marys River, and thence down the middle of that river to the Atlantic Ocean.

Janes, T. P., Commissioner of Agriculture, Handbook of the State of Georgia, p. 120, Atlanta, 1876.

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