1831. RESOLUTIONS.

in dispute; while Maryland, bold and confident in the merits
and justice of her claim, went upon the common call in her
charter. But it is plain upon principles of justice and right,
ttiat Virginia could gain no advantage, even by an attempt to
settle the western line first, unless she demands of us to
abandon our charter. By the charter, the western line was
to be known by passing from the said bay, called Delaware
Bay, in a right line by the fortieth degree of north latitude
from the equinoctial, unto the true meridean of the first foun-
tain of the river of Potomac. What the first fountain is, as
intended by our charter, Virginia very well knows, but was
not willing to ascertain. The charter goes further, and says,
after striking the first fountain, "thence verging towards the
south unto the further bank of the said river, and following
the same pn the west and south." &c. Now, it is evident, if
the western limit of this state is, at any time, honestly settled,
it must, of course, settle our southern boundary, unless, in-
deed, Virginia should be permitted to settle our boundaries,
according to her own pleasure, without regard to our rights
as fixed and ascertained by our charter. The proceedings of
the executive of this state, under the resolutions of eighteen
hundred and one, are particularly referred to in the message
of Governor Mercer, of November 6th, 1802. At Decem-
ber session, eighteen hundred and three, Governor Mercer,
being a member of the House of Delegates, was chairman
of a committee appointed to consider and report upon the
matters growing out of the resolutions of eighteen hundred
and one. In this report Governor fiercer recommends the
running of a provisional line by agreement with Virginia un-
til further steps could be taken, to ascertain the southern
boundary. "This report was not acted upon—and the sub-
ject does not appear to have been revived until eighteen hun-
dred and ten, when another resolution was passed similar to
that of eighteen hundred and one. From eighteen hundred
and ten, the matter slept Until it was revived by this state in
the act of eighteen hundred and eighteen, chapter two hun-
dred and six. "This state had now become wearied with
her efforts to reclaim the territory south of the north branch;
and hence this act of eighteen hundred and eighteen, in pro-
posing to Virginia the appointment of commissioners' agrees
to adopt the most western source of the North Branch, as
the point from which the western boundary shall start At
December session eighteen hundred and twenty-one, of the
assembly of Virginia, an act was passed which purported to
meet and reciprocate this proposition of the state of Mary-
land; but, was, in fact, materially variant from it. By the Vir-
ginia act the commissioners were instructed to commence the