Joseph P. Bradley

“ On the fourteenth of December, 1860, the legislature of Georgia, probably considering that its last proposition was not fully accepted, passed a resolution directing the governor to reopen negotiations with the authorities of Florida in regard to the boundary line, and to urge its adjustment so as to protect the rights of citizenship, and the titles of lands held under grants from Georgia, and, if practicable, so as to retain and keep the fractional lots sold by Georgia within the jurisdiction of the state. ”

“ Georgia finally yielded the point, and accepted the commissioners' line. This was tantamount to an acknowledgment that it was the true line. We do not say that the result would have been different if the parties had adopted a compromise line; as, for example, the Watson line, which was proposed by Georgia. When a boundary is in dispute, the adoption of a line by compromise may be considered as an agreement that the adopted line is the true line, or that it shall be considered as the true line. Where territories are coterminous, they must have a common boundary. ”

“ It is obvious that one nation cannot grant away the territory of another; and, if a proposition so evident needed confirmation, it will be found in the case of Poole v. Fleeger, 11 Pet. 210. In that case there had been a disputed boundary between two states, and the parties claimed the same land under grants from different states. The boundary line had been ascertained by compact between the states after the grants were made. ”

“ It only remained for any competent surveyor to follow the directions of the commissioners in order to trace the actual boundary line on the ground. The country in the region traversed by this line was occupied, in the early part of the century, by the nation of Creek Indians, and there was no immediate demand for having it run and marked. And as, under the constitution, no state could enter into a treaty with the Indians, it became the interest of Georgia to make some arrangement with the government of the United States to take measures for the gradual removal of Indian occupancy. ”

“ The case, then, stands upon the original validity of the Georgia grants; and the question may well be asked, how does a land-holder, who obtains title from a sovereign that has none, stand in any better position than one who obtains title from an individual that has none? Georgia had no title to the land. Previous and subsequent historical events abundantly show this. Her grants have nothing to rest on but her actual possession of the disputed territory, and her exercise of government de facto therein. ”

“ It was a case of disputed boundary, and Tennessee exercised sovereign jurisdiction de facto up to a certain line, (Walker's,) which she claimed to be the true boundary line, and made grants of land to that line, just as Georgia did in the present case to Watson's line. Walker's line, like Watson's, was found not to be the true line, and the grants made by Tennessee were found to be for lands in territory belonging to Kentucky; just as the grants of Georgia, next to Watson's line, were found to be for lands in the territory belonging to the United States and Florida. ”

“ The state being now desirous of disposing of her lands, and introducing settlers thereon, naturally turned her attention to the question of the true location of the boundary line between her own territory and that of the Spanish province of Florida. Some person, professing to be better posted than others as to the topography of the country about the head of St. Mary's river, asserted that the commissioners, Ellicott and Minor, in seeking its source, had ascended the wrong branch, namely, the the north branch ”

“ The modern usage of nations, which has become law, would be violated, that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. ”

“ It turned out that the line run by Orr and Whitner ran even further north than the McNeil line; but it came within the stipulated distance from Ellicott's mound, namely, within a quarter of a mile; in fact, within 37 links, or less than 25 feet, north of the mound. See Code Ga. 1868, § 19. This was more favorable to Georgia than the line agreed on by Ellicott and Minor, which was to run at least one mile north of the mound. ”

“ Also, that a third line, called the 'Orr and Whitner Line,' ran still further north than either of the aforesaid lines, which Orr and Whitner line was conceded to be the boundary line between the states of Georgia and Florida, as recently fixed by mutual agreement between the two states, by certain laws and resolutions of their respective legislatures, confirmed by act of congress. ”

“ The defendant also gave in evidence the testimony of one Lanier, county surveyor of Madison county, Florida, who testified that he had surveyed the lands in controversy, and gave it as his opinion that the plats of land annexed to the plaintiff's grants did not cover the said land, not having marks thereon for ponds, swamps, and streams which he found on the premises; that the Watson line at the place in controversy runs through a large swamp not shown in said plats ”

“ Under this charge the jury found for the plaintiffs, thus establishing the fact that Georgia, anterior to 1842, did claim jurisdiction to the Watson line, and that the lands in controversy adjoining that line were included in the grant of Georgia to James Groover in 1842. ”

“ While the compact cedes to Tennessee the jurisdiction up to Walker's line, it cedes to Kentucky all the unappropriated lands north of the latitude of 36x30' north.' Then, after further remarks of the same purport, follows the passage quoted by Chief Justice TANEY, to the effect that the grants of North Carolina and Tennessee were not rightfully made, because they were originally beyond their territorial boundary. ”

“ The plats showed that the two lots joined each other east and west, and that they were both bounded on the south by a common line called on the plats 'Florida Line;' and it was testified that the line thus marked on the plats was a line known as the 'Watson Line.' Mesne conveyances were then given in evidence showing that said lots were conveyed by James Groover to Thomas A. Groover, by deed dated December 31, 1855, and by Thomas A. Groover to Charles A. Groover, by deed dated July 8, 1860 ”