Stephen Johnson Field

“ There are many matters upon which different states may agree that can in no respect concern the United States. If, for instance, Virginia should come into possession and ownership of a small parcel of land in New York, which the latter state might desire to acquire as a site for a public building, it would hardly be deemed essential for the latter state to obtain the consent of congress before it could make a valid agreement with Virginia for the purchase of the land. ”

“ Justice Story, after observing that 'it is a part of the general right of sovereignty belonging to independent nations to establish and fix the disputed boundaries between their respective territories, and the boundaries so established and fixed by compact between nations become conclusive upon all the subjects and citizens thereof, and bind their rights, and are to be treated, to all intents and purposes, as the true and real boundary,' adds: 'This is a doctrine universally recognized in the law and practice of nations. ”

“ It embraces a controversy of which this court has original jurisdiction, and in this respect the judicial department of our government is distinguished from the judicial department of any other country, drawing to itself by the ordinary modes of peaceful procedure the settlement of questions as to boundaries and consequent rights of soil and jurisdiction between states, possessed, for purposes of internal government, of the powers of independent communities, which otherwise might be the fruitful cause of prolonged and harassing conflicts. ”

“ Knowledge by congress of the boundaries of a state and of its political subdivisions may reasonably be presumed, as much of its legislation is affected by them, such as relate to the territorial jurisdiction of the courts of the United States, the extent of their collection districts, and of districts in which process, civil and criminal, of their courts may be served and enforced. ”

“ Rep. 1051, it is a principle of public law, universally recognized, that long acquiescence in the possession of territory, and in the exercise of dominion and sovereignty over it, is conclusive of the nation's title and rightful authority. ”

“ On the 25th of February, 1790, North Carolina ceded to the United States the territory which afterwards became the state of Tennessee, and which was admitted into the Union on the 1st of June, 1796. Subsequently the states of Virginia and Tennessee both took steps for the final settlement of the controversy as to the boundary between them. ”

“ A possible-indeed, a probable-variation from the line of the parallel of latitude, or the straight line, designated, was contemplated by both Virginia and Tennessee. With full knowledge of the line actually designated, and of the ancient charter to Carolina, and of the description in the constitution of Tennessee, in appointing the joint commissioners, they provided that they should settle and adjust all differences concerning the boundary line, and establish either the Walker or Henderson line, or run any other line which might be agreed on for settling the same ”

“ There are also moral considerations which should prevent any disturbance of longrecognized boundary lines,-considerations springing from regard to the natural sentiments and affections which grow up for places on which porsons have long resided; the attachments to country, to home, and to family, on which is based all that is dearest and most valuable in life. ”

“ Be it enacted, that all claims or titles to lands derived from the government of Virginia, which said lands, by the adjustment and establishment of the line aforesaid have fallen into this state, shall remain as secure to the owners thereof as if derived from the government of North Carolina or Tennessee, and shall not be in anywise prejudiced or affected in consequence of the establishment of the said line. ”

“ The small number of citizens whose expectations will be disappointed by being included in Tennessee are secured in all their rights of property by provisions of the compact passed especially for the protection of their claims. ”

“ That agreement provided that, if the west line run should be found to pass through islands or to cut small slips of land, which might much more conveniently be included in one province than the other by natural water bounds, in such case the persons appointed to run the line should have power to settle natural water bounds, provided the commissioners on both sides agreed, and that all variations from the west line should be noted on the premises, or on plats which they should return, to be put on record by both governors. ”

“ The commissioners of the colonies met, but they could not agree at what place to fix the latitude 36 deg. 30 min. N., nor upon the place called 'Wyonoke,' and they broke up without doing anything. The governors of North Carolina and Virginia then entered into a convention upon the subject of the boundary between the two provinces, and transmitted it to England for approval. ”

“ The commissioners undertook the work with which they were charged, but they could not find the line on Steep Rock creek, owing, as they supposed, to the large amount of timber which had decayed since it was marked. The report of their labors was signed only by the Virginia commissioners. ”

“ And Wheaton, in his International Law, says: 'The writers on natural law have questioned how far that peculiar species of presumption, arising from the lapse of time, which is called 'prescription,' is justly applicable as between nation and nation ”

“ They met at Currituck inlet in March, 1728. The variation of the compass was then found to be 3 deg. 1 min. and 2 sec. W. nearly, and the latitude 36 deg. 31 min. The dividing line between the provinces struck Blackwater 176 poles above the mouth of Nottaway. The variation of the compass at the mouth of Nottaway was 2 deg. 30 min. The line was afterwards extended to Steep Rock creek, 320 miles from the coast, by Commissioners Joshua Fry and Peter Jefferson, on the part of Virginia, and Daniel Weldon and William Churton, on the part of North Carolina. ”