CHAPTER MLXXXVIII.

AN ACT confirming an agreement entered into between this state and the state of Virginia.

SECT. I. Whereas George Bryan, John Ewing and David Rittenhouse were duly appointed Commissioners on behalf of this Commonwealth, and fully authorized to meet and agree with other Commissioners on the part of Virginia, upon the western boundary; and whereas the said George Bryan, John Ewing and David Rittenhouse, in pursuance of the said trust and power, did on the thirty-first day of August one thousand seven hundred and seventy-nine, meet certain commissioners on the part of Virginia to-wit, James Madison and Robert Andrews, and an agreement was then entered into, concluded and signed, by and between the said Commissioners, on the part of their respective states, by whom they were for the purpose aforesaid delegated, which agreement was, upon the twenty-third day of September, one thousand seven hundred and eighty, unanimously confirmed by this Commonwealth, as follows: Resolved, That although the Conditions annexed by the legislature of Virginia to the ratification of the boundary line, agreed to by the Commissioners of Pennsylvania and Virginia, on the thirty-first of August, one-thousand seven hundred and seventy-nine, may tend to countenance some unwarrantable claims which may be made under the State of Virginia. in consequence of pretended purchases or settlements, pending the controversy; yet this State determining to give to the world the most unequivocal proof of their earnest desire to promote peace and har mony with a sister State, so necessary during this great contest against the Common enemy, do agree to the conditions proposed by the State of Virginia, in their resolves of the twenty-third day of June last towit, That the agreement made on the thirty-first day of August one thousand seven hundred and seventy-nine, between James Madison and Robert Andrews, Commissioners of 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 and Dixon's 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 thereof, be saved and confirmed to them, although they should be found to fall within the other, and that in the decision of disputes thereon, preference shall be given to the elder or prior right, whichever the said States the same shall have been acquired under, such

persons paying, within whose boundary their lands shall be included, the same purchase or consideration money, which would have been due from them to the State, under which they claimed the right; and where any such purchase or consideration money hath, since the declaration of American independence, been received, by either States 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; 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 any arrears of taxes or impositions, heretofore laid by either State; and we do, hereby, accept and fully ratify the said recited condition, and the boundary line formed.

SECT. II. And whereas it is right and just, that the said agreement and every part thereof, should be confirmed by this State, saving unto all persons their rights acquired as aforesaid, before the ratification before cited, in order that no cause whatever should interrupt that harmony, which it is the desire of this Commonwealth to preserve with a sister State.

SECT. III. Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That the agreement and stipulations before recited, and every part thereof entered into as aforesaid, is hereby ratified and confirmed, and declared to be valid and binding, on behalf of this Commonwealth, and as effectually, and to all intents and purposes, as if the said agreement was especially recited in this Act.

Passed 1st April, 1784; Recorded in Law Book No. 11, page 332. [Dallas Laws of Penna., Vol. II, page 207.]

Rev'd Dr. Ewing to Pres. Dickinson,-Resignation, 1785.

PHILADA., 26th Mar., 1785.

HONBLE SIR-When I last had the Honour of waiting on your Excellency in Company with Mr. Hutchins: I informed you that it would not be necessary for both Mr. Rittenhouse and myself to be employed in running the western boundary of the State in conjunction with the Virginia Commissioners in the ensuing summer. tioned farther yt my connection with the university, & my own church would require my continuance in Philadelphia, and that therefore I should no longer be considered as holding the commission with which the Council had been pleased to honour me in the preceding year. Lest this might have escaped your memory in the Multiplicity of

public Business, I have taken the Liberty of requesting yr Excellency to give this information to Council, and am, Sir,

with the greatest Respect,

your Excellency's most obdt,

and very Humble servant,

JOHN EWING.

Directed.

His Excellency, John Dickinson, Esq., President of the State of Philadelphia.

[Penna. Archives, Vol. X, page 428.]

Doc. No. 57.

Message of the Governor, transmitting report of Commissioners in relation to the boundary line between the States of Pennsylvania, Delaware and Maryland, together with the report of the Engineer thereon.

Read-March 13, 1850.

To the Honorable the Senate and House of Representatives of the Commonwealth of Pennsylvania:

GENTLEMEN:-The commissioner appointed in pursuance of the fourteenth section of the act of the Legislature of this State, of tenth April last, to act in conjunction with commissioners appointed or to be appointed by the States of Delaware and Maryland, with power to survey and determine the point of intersection of the States of Pennsylvania, Delaware and Maryland, and to fix some suitable mark or monument whereby the said point may hereafter be indicated, has submitted to me his report, together with the joint report of the commissioners to the several Executives of those States, of their proceedings under their respective commissions, the report of the engineer employed to conduct the survey, and a finished map constructed therefrom.

In transmitting these documents to the Legislature, I would particularly invite attention to important suggestions in the report of the commissioner of this State. That officer has, with much propriety, suggested the importance of procuring from the State of Maryland, where they are fortunately preserved, certified copies of the official documents relating to the original settlement of the boundaries between the provinces of Pennsylvania and Maryland, not now to be found among the archives of this State. He has also suggested the propriety of the passage of an act, authorizing the survey, defining and marking, with suitable monuments, of that part of the circular line at present forming the entire boundary between the two States of Pennsylvania and Delaware, and ratifying the existing titles to,

and liens upon such lands heretofore supposed to be in the State of Delaware, which may be found by the running of said line, to be within the territory of this State; and providing a limitation within which such titles and liens may be transferred to the State of Pennsylvania.

These suggestions are deemed worthy of, and are, therefore, respectfully submitted to the attention and consideration of the Legislature. WM. F. JOHNSTON.

EXECUTIVE CHAMBER, HARRISBURG, March 13, 1850.

[Senate Journal, 1850, Vol. II, page 475.]

CHESTER, PA., March 8, 1850. To his Excellency, William F. Johnston, Governor of Pennsylvania : The undersigned, commissioner appointed by your Excellency, on the part of the State of Pennsylvania, under the fourteenth section of an act of the General Assembly of this Commonwealth, passed the 10th day of April, A. D., 1849, entitled "a supplement to an act, entitled 'an act relative to the organization of courts of justice,' passed the 14th day of April, A. D., 1834," "to act in conjunction with commissioners appointed or to be appointed by the States of Delaware and Maryland, with power to survey and determine the point of intersections of the States of Pennsylvania, Delaware and Maryland, and to fix some suitable mark or monument whereby the said point may hereafter be indicated," has the honor to transmit herewith the annexed joint report of the commissioners, (marked A) with copies of the correspondence with Lieutenant Colonel J. D. Graham, the principal engineer, under whose charge the surveys were conducted; (marked B C & D;) and also, the accompanying elaborate report (marked E) and certified map of Colonel Graham, exhibiting full, and, I hope, satisfactory details of proceedings and result of the work.

The field work of the surveys, from the inclemency of the weather and other unavoidable causes, as set forth in the report of the engineer, was prolonged, and the expenses consequently increased much beyond what were at first anticipated by the commissioners. They have, however, the satisfaction of stating that the work has been carefully done, and the scientific portion of it prosecuted by a gentleman whose deservedly high reputation in his profession, will give entire confidence to its correctness, and important and difficult points on the boundaries of the several States have been determined and permanently established; from which the line between Pennsylvania and Delaware, and the east and west line between the former State and Maryland can, without difficulty, at any future time, be run out, determined and marked.

In searching for the official documents relating to the original settlement of the boundaries between the provinces of Pennsylvania and Maryland, none of any importance could be found among the archives of this State. They are all, however, fortunately preserved among those of Maryland. I would, therefore, respectfully suggest the importance of procuring certified copies thereof, and having them printed for preservation, in connection with the present reports.

Permit me to remark, before closing this introductory report, that in our intercourse with those citizens of the States of Pennsylvania and Delaware, owning property and residing contiguous to the boundary line of the two States, and who are deeply and immediately interested in having that line well defined, we found they were under the impression the commissioners were authorized-as it is believed it was intended by those originating the commission they should be—to run out, define and mark that part of the circular line at present forming the entire boundary between the two States; but our authority not appearing to contemplate such a survey, we could not feel ourselves warranted in gratifying their expectations and wishes.

The necessity of defining and marking such circular boundary line, is the more apparent from the fact, that there does not appear to be any monuments or other certain evidences of its true location, and there being nothing but uncertain and conflicting traditionary evidence of said line, great inconvenience has long been felt and losses sustained, as well by the public in the assessment and collection of taxes as by individuals owning land on or near the line; since real estate in the vicinity, sold under proceedings in partition or execution for debt, will not bring its full value by reason of the uncertainty of the titles derived from courts, whose jurisdiction may not embrace such real estate. This uncertainty also produces difficulty in borrowing and loaning moneys upon the faith of lands, when it is not known in which State to enter payments or record mortgages to constitute a lien. I would, therefore, respectfully suggest to your Excellency the propriety of recommending the passage of an act authorizing the surveying and marking said line, with suitable monuments at convenient distances, to remedy the existing evils. All of which is respectfully submitted,

JOSHUA P. EYRE,

Commissioner on the Part of Pennsylvania.

[Senate Journal, 1850, Vol. II, pages 475, 476.]

(A.)

CITY OF WASHINGTON, March 1, 1850. To their Excellencies, P. Francis Thomas, Governor of Maryland, William F. Johnston, Governor of Pennsylvania, and William Tharp, Governor of Delaware:

The undersigned commissioners, appointed by your Excellencies in