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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. (Laws of the United States, Vol. I, p. 466.)

In the same year South Carolina ceded to the United States a narrow strip of territory south of the North Carolina line, which she claimed, about 12 or 14 miles wide, and extending to the Mississippi River; this strip now forms the northern portion of Georgia, Alabama, and Mississippi. Georgia being thus increased in extent northwardly, the line between the two States is clearly expressed in the code of South Carolina, as follows, viz:

The Savannah River, from its entrance into the ocean to the confluence of the Tugaloo and Keowa rivers; thence by the Tugaloo River to the confluence of the Tugaloo and Chatooga rivers; thence by the Chatooga River to the North Carolina line in the thirty-fifth degree of north latitude, the line being low-water mark at the southern shore of the most northern stream of said rivers, where the middle of the rivers is broken by islands, and middle thread of the stream where the rivers flow in one stream or volume.

GEORGIA.

Georgia was included in the proprietary charter granted to the lords proprietors of Carolina in 1663 and 1665, 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, of which the following is an extract:

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 Altamaha, and westerly from the heads of the said rivers, respectively, in direct lines to the south seas.

This charter was surrendered in 1752 and a provincial government established. (C. & C., p. 369 et seq.)

In 1763 the territory between the Altamaha and Saint Mary's rivers was added to Georgia by royal proclamation. (Vide South Carolina, p. 103.)

In the constitution adopted by Georgia in 1798 the boundaries are declared. The following is an extract therefrom:

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

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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 Mississippi, 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 until 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 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 Georgia entered into articles of agreement and cession with the United States, whereby Georgia ceded to the United States the lands west of her present boundaries, and the United States ceded to Georgia that part of the South Carolina cession of 1787 which lies east of the present western boundary of Georgia. The following extracts show the limits of the two cessions:

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 Chatahouchee River where the same crosses the boundary line between the United States and Spain; running thence up the said river Chatahouchee, 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 said Chatahouchee River; thence in a direct line to Nickajack, on the Tennessee River; thence 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.

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The United States * * * cede to the State of Georgia * * * the lands * * * situated south of the southern boundaries of the States of Tennessee, North Carolina, 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, vide South Carolina, p. 103.

The history of the boundary between North Carolina and Georgia has already been given (vide North Carolina, p. 100). 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, with no results, however, until in 1810 Georgia empowered her governor to employ Mr. Andrew Ellicott to ascertain the true location of

Bull. 226-04-12

the thirty-fifth degree of latitude. Ellicott did so, and the point fixed by him was acquiesced in. (Vide Cobb's Georgia Digest, p. 150.)

The boundary between Georgia and Tennessee was established in 1818, and is as follows, viz, the thirty-fifth parallel of north latitude, beginning and ending as follows:

Beginning at a point in the true parallel of the thirty-fifth degree of north latitude, as found by James Cormack, 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. 63 east," and on the south side thus: "Geo. 35 North; J. Cormack," 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 State 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 five and one-half degrees. (Vide C. Stat. of Tenn., pp. 243-244.)

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 along the middle of Saint Marys River to the Atlantic Ocean. (Vide treaty of 1783.) This boundary was affirmed by the treaty of 1795 between the United States and Spain, and commissioners were appointed to run the entire line between the United States and the Spanish territory. (Vide treaty of 1795.)

In 1819 Spain ceded the Floridas to the United States. In 1822 Florida was made a Territory, and in 1825 was admitted into the Union as an independent State.

In 1826 Congress took action as indicated below:

UNITED STATES STATUTES AT LARGE, NINETEENTH CONGRESS, SESSION 1, 1826.

AN ACT to authorize the President of the United States to run and mark a line dividing the Territory of Florida from the State of Georgia.

The line shall be run straight from the junction of said rivers Chatahoochie and Flint, to the point designated as the head of Saint Marys River.

This boundary line was long unsettled, a controversy arising concerning the true point to be considered to be the head of the Saint Marys River, as Georgia contended that the point fixed upon by the Spanish and American commissioners under the treaty of 1795 was incorrect. This line was run in 1825 by the General Land Office.

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