Report of commissioners appointed to ascertain, retrace, remark,
and reestablish the real, certain and true boundary line between
the States of Tennessee and Virginia from White Top Mountain to
Cumberland Gap confirmed.
A compact having been entered into by the States of Tennessee
and Virginia expressed in concurrent laws of said states which
received the consent of Congress, this Court modifies the line
delineated in the report of the commissioners as to so much thereof
as is affected thereby, and that portion of the line is determined,
fixed and established in accordance with such compact.
The commissioners having ascertained and recommended the
straight line from the end of the "diamond-marked" compact line of
1801-1803 to the corner of the States of North Carolina and
Tennessee as the true boundary line between the States of Virginia
and Tennessee between those two points, this Court approves and
adopts such recommendation.
The proceedings appear in the decree of the Court.
MR. CHIEF JUSTICE FULLER announced the decree of the court:
This cause came on to be heard on May 18, 1903, on the
proceedings heretofore had herein, and upon the report of William
C. Hodgkins, James B. Baylor, and Andrew H. Buchanan, commissioners
appointed by the decretal order herein of April 30, 1900, to
ascertain, retrace, remark, and reestablish the real, certain, and
true boundary line between the States of Tennessee and Virginia, as
actually run and located from White Top mountain to Cumberland Gap,
under proceedings had between
Page 190 U. S. 65
the two states in 1801-1803, and as adjudged and decreed by this
Court in its decree of April 3, 1893, in a certain original case in
equity, wherein the State of Virginia was complainant and the State
of Tennessee was defendant, which report is annexed hereto and made
part hereof.
And it appearing to the court that said report was filed in this
Court on the 5th day of January, 1903, and that the same is
unexcepted to by either party in any respect, therefore, upon the
motion of the State of Tennessee by her Attorney General, and of
the State of Virginia by her Attorney General, it is ordered that
said report be, and the same is hereby, in all things
confirmed.
It is thereupon ordered, adjudged, and decreed that the real,
certain, and true boundary line between the States of Tennessee and
Virginia, as actually run and located under the compact and
proceedings had between the two states in 1801-1803, and as
adjudged by this Court on the third day of April, 1893, in said
original cause in equity, wherein the State of Virginia was
complainant and the State of Tennessee was defendant as aforesaid,
was at the institution of this suit, and now is, except as
hereinafter shown, as described and delineated in said report filed
herein on January 5, 1903, as aforesaid.
And it further appearing to the Court, and it being so admitted
by both parties, that, since the institution of this suit and the
decretal order of April 30, 1900, as aforesaid, a compact was
entered into by the States of Tennessee and Virginia, expressed in
the concurrent laws of said states, namely, the Act of the General
Assembly of Tennessee, approved January 28, 1901, entitled
"An Act to Cede to the Virginia a Certain Narrow Strip of
Territory Belonging to the State of Tennessee Lying Between the
Northern Boundary Line of the City of Bristol, in the County of
Sullivan, and the Southern Boundary Line of the City of Bristol, in
the County of Washington, Virginia, Being the Northern Half of Main
Street, of the said Two Cities,"
and the reciprocal act of the General Assembly of Virginia,
approved February 9, 1901, entitled
"An Act to Accept the Cession by the Tennessee to the Virginia,
of a Certain Narrow Strip of Territory Claimed as Belonging to
Page 190 U. S. 66
the State of Tennessee, and Described as Lying Between the
Northern Boundary Line of the City of Bristol, in the County of
Sullivan, Tennessee, and the Southern Boundary Line of the City of
Bristol, in the County of Washington, Virginia, Being the Northern
Half of the Main Street of the Said Two Cities."
And it further appearing that said compact received the consent
of the Congress of the United States by joint resolution approved
March 3, 1901, as follows:
"
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That a recent
compact or agreement having been made by and between the States of
Tennessee and Virginia, whereby the State of Tennessee, by an act
of its legislature approved January twenty-eighth, nineteen hundred
and one, ceded to the State of Virginia certain territory,
specifically described in said act, and being the northern half of
the main street between the Cities of Bristol, Virginia, and
Bristol, Tennessee, and the State of Virginia, by act of its
General Assembly, approved February ninth, nineteen hundred and
one, having accepted said cession of the State of Tennessee, the
consent of Congress is hereby given to said contract or agreement
between said states, fixing the boundary line between said states
as shown by said acts referred to, and the same is hereby
ratified."
"And said commissioners, in their said report, having
ascertained and recommended the straight line from the end of the
'diamond-marked' or compact line of 1801-1803 to the corner of the
States of North Carolina and Tennessee as the true boundary line
between the States of Virginia and Tennessee between those two
points, the Court, approving said recommendation and finding of
said commissioners, doth adopt the same."
And the Court, being of opinion that it is proper to recognize
the line so established by said last-mentioned compact of 1901 as
the real, certain, and true interstate boundary line within and
between said two cities, and to definitely determine and fix in
this cause what is the real, true, and certain boundary line
between said states throughout the entire length thereof,
Page 190 U. S. 67
from the corner of the States of North Carolina and Tennessee,
on Pond Mountain, to the corner of Virginia and Kentucky at
Cumberland Gap, doth therefore adjudge, order, and decree that the
entire real, certain, and true boundary line between the States of
Tennessee and Virginia is the line described and delineated in said
report filed herein on January 5, 1903, modified as to so much of
said line as lies between the two Cities of Bristol, by the
aforesaid compact of 1901 between the two states, and as so
described, delineated, and modified said boundary line from the
said North Carolina corner to the eastern end of the compact line
of 1801-1803, known as the "diamond-marked" line, and thence to
Cumberland Gap, is hereby determined, fixed, and established.
It is further ordered, adjudged, and decreed that the
compensation and expenses of the commissioners, and the
expenditures attendant upon the discharge of their duties, be, and
they are hereby, allowed at the several sums set forth in their
report, as hereinbefore confirmed, and that said charges and
expenses, together with all the costs of this suit to be taxed, be
equally divided between the parties hereto.
It is further ordered that the clerk of this Court do at the
proper charges of the parties to this cause, deliver fifty printed
copies of this decree, including said report, to the Attorney
General of each of said states.
The report of the commissioners, filed January 5, 1903, is as
follows:
To the Honorable the Chief Justice and Associate
Justices
of the Supreme Court of the United States:
Your commissioners, appointed by the decree of this honorable
Court, dated April 30, 1900, to ascertain, retrace, remark, and
reestablish the boundary line established between the States of
Virginia and Tennessee, by the compact of 1803, which was actually
run and located under proceedings had by the two states in
1801-1803, and was then marked with five chops in the shape of a
diamond, and which ran from White Top mountain to Cumberland Gap,
respectfully represent that they have completed the duties assigned
to them by the said
Page 190 U. S. 68
decree of April 30, 1900, that they have retraced and remarked
the said boundary line as originally run and marked with five chops
in the shape of a diamond in the year 1802, and that, for the
better securing of the same, they have placed upon the said line,
besides other durable marks, monuments of cut limestone, four and a
half feet long and seven inches square on top, with V's cut on
their north faces and T's on their south faces, set three and a
half feet in the ground, conveniently located as hereinafter more
fully described, so that the citizens of each state and others, by
reasonable diligence, may readily find the true location of said
boundary, all of which is more particularly set forth in the
detailed report of their operations which your commissioners
herewith beg to submit, together with two maps explanatory of the
same, a list of the several permanent monuments and other durable
marks, and a complete bill of costs and charges. And your
commissioners further pray that this honorable Court accept and
confirm this report; that the line as marked on the ground by said
commissioners in the years 1901 and 1902 be declared to be the
real, certain, and true boundary between the States of Tennessee
and Virginia; that your commissioners be allowed their expenses and
reasonable charges for their own services in these premises, as
shown on the bill of costs which forms a part of this report, and
finally, that your commissioners be discharged from further
proceedings in these premises.
"William C. Hodgkins [seal]"
"
Commissioner"
"James B. Baylor, [seal]"
"
Commissioner"
"Andrew H. Buchanan, [seal]"
"
Commissioner"
Detailed report of the operations of the commission appointed by
the Supreme Court of the United States (April 30, 1900) to retrace
and remark the boundary line between the States of Tennessee and
Virginia.
At the date of the above decree, and for several months
thereafter, the State of Virginia had no funds available for the
proceedings
Page 190 U. S. 69
ordered by the Court, and none could be had until there could be
a session of the state legislature to make the needed
appropriation. It was therefore necessary for your commissioners to
seek an extension of the time within which they might make their
report, and, upon the motion of the Attorney General of Virginia,
an extension was granted until the next term of Court.
At a session of the General Assembly of Virginia held in the
winter of 1900-1901, the sum of $5,000 was appropriated for the
purpose of paying Virginia's share of the expenses of this boundary
survey.
The Tennessee Legislature had previously made a like
appropriation.
Your commissioners therefore made preparations for beginning the
execution of their duties under your decree of April 30, 1900, as
early in the season of 1901 as the weather conditions should
permit.
The commission held its first meeting at Washington, D.C., on
May 16, 1901, and organized by choosing William C. Hodgkins, of the
State of Massachusetts, as chairman: James B. Baylor, of the State
of Virginia, as secretary, and Andrew H. Buchanan, of the State of
Tennessee, as treasurer.
At this meeting, there was a full discussion of the problem
presented and of the method of work which might be most suitable
under all the conditions. Arrangements were also made for procuring
the necessary camp outfit and supplies.
Through the courtesy of the Superintendent of the United States
Coast and Geodetic Survey, your commissioners were able to procure
from that bureau, without charge, not only the outfit of tents and
camp furniture required for the shelter and comfort of the party,
but also the valuable instruments needed for the survey.
This relieved the States of Tennessee and Virginia of a
considerable expense which would otherwise have been unavoidable.
The two states were spared another heavy item of expense by the
fact that each of your commissioners is a civil engineer and
entirely familiar with work of this nature. It was therefore
unnecessary to follow the usual course of employing
Page 190 U. S. 70
engineers or surveyors to carry out the field work under the
direction of the commissioners. Instead of that, your commissioners
themselves conducted all the field work, hiring only such rodmen,
axmen, etc., as were necessary from time to time. By such methods,
and by exercising rigid economy in all of their expenditures, your
commissioners have been able to complete the entire work, including
the setting of cut-stone monuments, and also including the amount
charged for their own remuneration, for the sum of $9,475.99, which
is but little more than the amount charged to the State of Virginia
alone by the joint commission of 1858-1859.
It having been decided at the first meeting of the commission
that the most convenient place for beginning field operations would
be the City of Bristol, which is located directly upon the boundary
line, the commission adjourned to that place.
Field work was begun on May 22, 1901, with the examination of a
portion of the line east of Bristol, where a number of trees were
found which bore the marks of the surveys of 1802 and 1858-1859. As
there has been considerable controversy and conflicting testimony
in regard to the nature of these old marks, it may be well to show,
by diagrams and photographs, the actual arrangement and appearance
of those of both years, as well as of the somewhat different mark
which was used for the present remarking by your commissioners.
image:a
While the marks made in 1858-1859 are still numerous in forested
areas and are generally easily distinguishable, those made in 1802
are becoming scarce and sometimes are barely discernible when
found.
Page 190 U. S. 71
This is shown in the accompanying photograph of a large white
oak tree, upon which the marks of 1858-1859 can readily be traced,
while only three of those made in 1802 can be distinguished, and
those with difficulty. The marks of 1802 were apparently made with
a small and light hatchet and on many trees which have a thick and
rough bark the hatchet does not seem to have reached the wood, and
in such cases the gradual exfoliation of the bark has often nearly
or entirely obliterated the mark. Where the wood was wounded, a
small burr has formed which can nearly always be recognized, but
cuts which did not completely penetrate the bark have sometimes
disappeared.
The marks left by the survey of 1858-1859 were found of very
great value as guides to the older "diamond" marks of 1802. Both
marks were often found on the same tree, and it was a rare
occurrence to find the diamond mark without the mark of 1859,
either above or below it. In fact, it was very soon noticed that
the mere fact of finding the mark of 1858-1859 either above or
below the normal position on a tree was an almost certain
indication that a diamond mark had been found there at the date of
the later marking, even though, through the action of time and the
elements, all vestiges of it may now have disappeared. Since the
date of the last survey, very many marked trees have been destroyed
through various agencies, especially since the more rapid
development of this section in recent years has caused a greater
demand for lumber, and, in some places, the trees bearing the old
marks are so far apart, and the marks themselves are so faint, that
great trouble and delay would often have been experienced in the
search for these old marks had it not been for the aid afforded by
the marks of 1858-1859, which always proved reliable guides by
which to find the older marks.
In this connection it may not be inappropriate for your
commissioners to state that they everywhere found that the joint
commission of 1859 did its work in a careful and conscientious
manner, and that they believe its line, as marked on the growing
timber, is identical with that marked by the joint commission
Page 190 U. S. 72
of 1802, and that full credence should be given to statements of
fact in the report of that survey.
From a point about a mile and a quarter east of Bristol, the
line was traced without difficulty, other than that due to the
broken nature of the country traversed, as far as the beginning of
what is commonly known as the Denton valley offset.
At this point occurs the greatest and most remarkable
irregularity in the whole course of this line, there being a
deflection from the direct course of 66�10' for a distance of
8715.6 feet. The portion of the boundary east of the offset is
further north than that west of the offset, so that the deflection
is to the south in going westward from the eastern end of the line,
the direction in which it was originally run out, or to the north
in working eastward from Bristol, as was done in the present
survey, for reasons of convenience. In either case, the deflection
is to the left hand; but it is not the same in each case, as the
two portions of the line east and west of the offset are not
exactly parallel to each other. This difference of direction
amounts to 1�30', as shown on the map of the line accompanying this
report.
Owing to the long controversy over this offset, and the
persistent assertions of certain parties that marked timber would
be found on the eastern prolongation of the portion of the line
extending from Bristol to Denton's valley, if the same were run
out, your commissioners felt obliged, in order to settle the
question for all time, to run out this line and make a careful
search for marked timber along its course. This was accordingly
done, and a careful examination of the timber on each side of the
transit line was made as the work progressed, but with only
negative results.
Although several weeks were spent in running this line across
the series of very rough and heavily timbered mountains lying
between Denton's Valley and Pond Mountain, near the corner of North
Carolina, and although every story brought to the commissioners by
people interested in the result was carefully examined, your
commissioners were utterly unable to find, or to have pointed out
to them, one authentic mark of the line of 1802, either on this
line or anywhere in its vicinity.
Page 190 U. S. 73
On the other hand, the "offset line" and the portion of the line
running eastward from the offset to the vicinity of the White Top
mountain were found well marked; both the 1802 and the 1858-1859
marks were found at frequent intervals.
In order to be assured that these marks were authentic, blocks
were cut from several of these trees at different points on said
offset line, and the ages of the marks were determined by counting
the rings of the annual growth. These tests showed that the marks
were of the supposed age. The ages of the most important marks were
verified by the United States Bureau of Forestry. As was found, in
1858-1859 the marking of the timber ceased (or began) on a
comparatively low eminence known as Burnt Hill, which, from the
neighboring heights of White Top or of Pond Mountain, seems to be
in the bottom of a hollow.
The apparent discrepancy between this situation and the language
of the report of the joint commission of 1802, which reads --
"Beginning on the summit of the mountain generally known as the
White Top mountain," etc., has led some to suppose that the line
should be extended further east, to the summit of the so-called
"divide" or watershed between the tributaries of the Holston and
New Rivers.
There seems, however, nothing to support this theory except the
somewhat hazy idea that the eastern end or point of beginning of
this line ought to be on a summit.
As a matter of fact, the actual end of the line on Burnt Hill is
on quite as much of a summit as if it had been on the "divide,"
which in this place is so low and flat as to be scarcely
perceptible as an elevation of any importance. It certainly could
never be supposed to be the summit of White Top Mountain, which
towers far above it, its huge, dome-like bulk filling the
northeastern horizon.
No marked trees of 1802 or of 1858-1859 could be found east of
Burnt Hill, though the line was produced through heavy timber of
original growth to the "divide," and careful search was made for
them. The same condition was found in 1859, as reported by the
commission of that year. A point which that commission seems to
have overlooked is the important fact that the eastern end of the
marked line at Burnt Hill is almost
Page 190 U. S. 74
exactly in line between the corner of North Carolina, on Pond
Mountain, and the summit of White Top Mountain. What more likely
than that the commissioners of 1802, who agreed to lay out a line
equally distant from the older lines, known as Walker's and
Henderson's and beginning on the summit of the mountain generally
known as the White Top Mountain, should begin at the point where
the Walker line reached the northwestern corner of North Carolina,
and where, accordingly, the jurisdiction of Tennessee should begin,
and run thence in the direction of the most important peak to the
northward and eastward until they reached the desired middle point
between the lines of Walker and Henderson, and from that point
started on their westerly course. It is hard to understand why they
should have omitted to mark this part of their line; but this small
bit of boundary, extending from the northeast corner of Tennessee
to the northwest corner of North Carolina, seems to have been
somewhat overlooked in more recent proceedings. Your commissioners
respectfully recommend that the straight line between these two
points be declared to be the boundary, believing, as they do, in
the absence of any marks to the contrary, that this was the
original and true line. All of this section is composed of very
rugged and densely wooded mountains, with but a scanty
population.
The progress of the work in this mountainous and almost
inaccessible region was delayed not only by the nature of the
country and by the fact that, in this very worst part of the whole
line, it was necessary to run out these two independent lines,
doubling the labor to be expended, but also by the unfortunately
rainy weather which was experienced. The frequent and heavy rains
often stopped field work, washed the few roads so badly that they
became almost impassable, and raised the streams so high that
sometimes, for days at a time, it was impossible to ford them.
It was not until September 21 that your commissioners were able
to close work in the White Top region and return to Bristol, to
start westward from that place toward Cumberland Gap.
For the remainder of the season, however, both the weather and
the nature of the country were much more favorable for
Page 190 U. S. 75
field operations and excellent progress was made, though it was
impossible to entirely complete the work before the approach of
winter.
So far as the portion of the boundary passing through the
central part of the City of Bristol is concerned, the labors of
your commissioners were forestalled by a special act of the General
Assembly of the State of Tennessee, approved January 28, 1901,
ceding to the State of Virginia the northern half of the main
street of the two cities. The General Assembly of Virginia accepted
the cession by an act approved February 9, 1901, and the action of
the two legislatures was subsequently ratified by the Congress and
approved by the President of the United States, March 31, 1901.
This cession covers, however, but a small part of the boundary,
extending only from the northwest corner of the old Town of Bristol
on the west to the western boundary of the Bristol cemetery on the
east. As it is important to guard against the possible renewal of
this longstanding controversy, and as the town is already extending
beyond the above limits, it was deemed proper to mark the old
diamond line by monuments, just as if there had been no legal
change in the boundary for this short distance. But your
commissioners regret to report that they have been unable to reach
a unanimous conclusion in regard to the true location of the said
diamond line within and near the above limits.
Commissioners Hodgkins and Buchanan, after careful study of all
the evidence of record, and after diligent examination of the
ground, are of the opinion that the said diamond line of 1802-1803
runs from monument No. 25, near the first marked tree east of
Bristol, in a straight line, to monument No. 26, on the western
boundary of the Bristol Cemetery and on the north line of Main or
State Street; thence along the northern line of said Main or State
Street to "a planted stone in the edge of a field formerly owned by
Z. L. Burson, being the northwest corner of the corporate Territory
of the old Town of Bristol," referred to in the act of cession,
supra, and thence in a straight
Page 190 U. S. 76
line to monument No. 28, in the fork of the main road and near
the first marked trees west of Bristol.
Commissioner Baylor, on the other hand, after equally careful
consideration of all the evidence of record and diligent
examination of the ground, is of the opinion that the said diamond
line of 1802-1803 runs from monument No. 25, near the first marked
tree east of Bristol, in a straight line to monument No. 27,
situated just outside of the wall of the Bristol Cemetery and on
the middle line of Main or State Street as it runs west from this
point, and thence in a straight line along the middle of Main or
State Street to monument No. 28, near the center of the fork of the
main road, and near the first marked trees of 1858-1859, west of
Bristol.
The said line, running through the center of Main or State
Street, is just 30 feet south of monument No. 26 on the north
property line of Main or State Street, outside the western wall of
Bristol Cemetery.
Westward from Bristol, the boundary was retraced without
difficulty by the marked trees, just as in the previous work to the
eastward.
Only one marked deviation from the general course of the line
was encountered during the remainder of the season. This was on the
property formerly known as the Hickman Place, in the vicinity of
the Village of Bloomingdale, Tennessee.
Here, the line was found to have a deflection of 8�30' to the
right, or north, for the distance of 316.18 feet. From the western
end of this offset, the line resumed its general westerly course,
and so continued until the end of the work of that year. As the
season advanced, it became evident that, even under the most
favorable conditions, it would be impossible to complete the survey
without working far into the winter, which, on many accounts, was
undesirable.
The attorneys general of the two states therefore joined in a
request for a further extension of time within which your
commissioners might file their report, and this honorable Court
thereupon extended that time until the opening of the October term,
1902.
The field operations for the season of 1901 were closed at
the
Page 190 U. S. 77
end of October at which time the survey had been extended to the
Clinch River, 43 miles east of Cumberland Gap, the total length of
boundary retraced being 70 miles, besides 16 miles of trail line
run on the extension of the "straight line" from Denton's Valley to
Pond Mountain.
Before the opening of field work for the season 1902, a
complaint reached your commissioners from a citizen of Johnson
County, Tennessee, supposed to be reliable, to the effect that
interested parties were interfering with the marks placed on the
line the previous year, and that, in some cases at least, the
monuments had not been properly placed by the persons employed for
that purpose.
Although these statements seem scarcely credible, in view of the
general interest taken in the work by the inhabitants, your
commissioners, thought it best to investigate the matter and to
satisfy themselves by personal inspection that the monuments had
remained undisturbed in their proper places.
This was accordingly done at the outset of the season's work,
and it was ascertained that the stories of falsification of the
marking were without any foundation of fact, that all of the
monuments between the northeast corner of Tennessee and Bristol had
been properly set, and that none of them had been disturbed.
These preliminary operations occupied the time from June 23 to
July 4, on which
your day your commissioners returned to
Bristol. After placing some additional monuments on the old line in
and near Bristol, they proceeded to Gate City, Virginia, where the
camp outfit had been stored at the close of work in the preceding
autumn, and at once went into camp at Robinett, Tennessee, west of
the North fork of Clinch River.
The survey of the boundary line was resumed at the point where
it had been suspended the year before at the crossing of Clinch
River, near Church's Ford.
From this point to Cumberland Gap, the line crosses a succession
of mountains and valleys, with comparatively little level or
cleared land. Little difficulty was experienced in tracing the line
in this part of its course, the marked trees being generally found
at frequent intervals. The line preserved its
Page 190 U. S. 78
general course as before, except that two deflections to the
northward were found which were similar to that found the year
before near Bloomingdale.
The first of these occurred on the mountain called Wallen's
Ridge, where the line made a deflection of 19� to the north before
reaching the summit, and kept that course for a distance of 4643.7
feet before resuming its usual direction. There were numerous trees
with both the 1802 and 1859 marks on this deflected line.
The final deflection of 4�10' to the north for a distance of
6503.3 feet began at the "Old Furnace Road" near Station Creek,
less than three miles from the west end of the line on Cumberland
Mountain. From the western end of this offset the line runs
straight to the terminus.
There has been considerable controversy and litigation over
these last three miles of the boundary, and a number of witnesses
have testified in the case of Virginia against Tennessee, Supreme
Court, United States, October term, 1891, that there were none of
the marks of the previous surveys remaining between Station Creek
and the summit of Cumberland Mountain, owing to the destruction of
the timber in that area during the military operations of the Civil
War.
Your commissioners were able to find, however, three trees well
marked with the mark of the 1859 survey, and at least one of these
bore evidence in the position of this mark that an old diamond mark
was formerly visible above it.
These marked trees were found on the east and west part of the
line west of the offset, and are in excellent alignment, and
settled, beyond the possibility of doubt, the location of this part
of the boundary, and hence the short remaining distance to the
summit of Cumberland Mountain. This line passes near and a little
south of the old mill several times referred to in the case above
cited, and thence across the Union Railroad station, leaving most
of the Town of Cumberland Gap in Tennessee. The summit of
Cumberland Mountain was reached on Saturday, August 23d 1902, and
on the following Monday the field work of the survey was completed
and the camp outfit was packed and shipped to Washington. Your
commissioners then
Page 190 U. S. 79
separated, Professor Buchanan returned to his home at Lebanon,
Tennessee, to work up his field notes, and Mr. Hodgkins to
Washington to attend to business of the commission and to draft a
report of its operation, while Mr. Baylor remained on the ground
until September 13, superintending the placing of monuments along
the part of the line surveyed in 1902.
In conclusion, your commissioners state that they have found the
duties imposed upon them by your instructions often arduous and
exacting, and that the survey just completed proved far more
laborious, and was attended by greater hardships, than any of them
had anticipated, but that they have nevertheless given the same
careful attention to every part of it, and that they believe it to
be correct throughout.
List of Monuments of Cut Limestone and Other Durable
Marks,
as Hereinafter More Fully Described
(1) At northeast corner of Tennessee at Burnt Hill.
(2) On summit of Flat Spring Ridge.
(3) On Valley Creek Road, on John Toliver Place.
(4) On road from Laurel River to White Top Mountain, near an old
mill.
(5) On road up Laurel River, near a double ford.
On summit of Iron Mountain, near the north end of the rocky
bluff, a cairn of rocks was erected.
(6) At eastern foot Holston Mountain, a short distance from
Beaver Dam Creek, and the Virginia and Carolina Railway.
Coast and Geodetic Survey triangulation station "Damascus" on
summit of Holston Mountain, a stone marked US + CS.
(7) On Rockhouse Branch Road in the valley, on Mary Nealy
Place.
(8) On road from Barron Railway Station to New Shady Road,
cut-stone monument of 1858-1859.
(9) In woods, north of New Shady Road, where the line changes
its course to south 23�50' west (mag.) a marked deflection from the
general course of the line.
Page 190 U. S. 80
(10) On the New Shady Road, where this deflected line crosses
it.
(11) In woods, on Little Mountain, west of Cox Creek, where this
bearing of south 23�50' west (mag.) ends, and the line resumes its
general course to the westward.
(12) On road just north of crossroad leading to Thomas Denton
Place.
(13) On road on hill on C. D. Short Place.
(14) On road on east bank of the South Fork Holston River,
cut-stone monument of 1858-1859.
(15) On hill in George Garrett's cow lot, west and north of
South Fork Holston River.
(16) On road to King's Mill, near John Buckly house.
(17) On road to King's mill, via Thomas Place.
(18) On summit of open hill east of Painter Place, concrete
monument.
(19) On road running east of Painter house.
(20) On road running west of Painter house, cut-stone monument
of 1858-1859.
(21) On road through woods west of Painter property.
(22) On summit of first high ridge east of Paperville Road.
(23) On Paperville road at Jones Place.
(24) On road west of Carmack house.
(25) On Booher Place, near first marked tree (of 1858-1859),
east of Bristol.
(26) On north property line of the main street of Bristol,
outside the western wall of the cemetery. Commissioner Baylor does
not consider this a part of the true line.
(27) Outside the street wall of the Bristol Cemetery at the
point where the average center line of Main street intersects said
wall. Commissioners Hodgkins and Buchanan do not consider this a
point on the boundary.
A stone post in the edge of a field, formerly owned by Z. L.
Burson at the northwest corner of the old corporate territory of
the old Town of Bristol. Commissioner Baylor does not consider this
a point on the boundary.
(28) In the fork of the main road, west of the Town of
Bristol.
Page 190 U. S. 81
(29) On road to Bristol, east of Worley Place.
(30) On road to Bristol, west of Worley Place.
Coast and Geodetic Survey triangulation station "Dunn" on summit
of ridge, on old Dunn Place, stone marked US + CS.
(31) On Dishner Valley Road.
(32) On road to Bristol, east of Gum Spring.
(33) On road to Bristol, near Tallman house.
(34) On road in valley, west of old abandoned railway bed.
(35) On Scott Road.
(36) On road west of Akard Place.
(37) On road near Jackson Place.
(38) On Boozey Creek Road.
(39) On road to Hilton Ford, cut-stone monument 1858-1859.
(40) On Timbertree Road.
(41) Between two roads just east of Gate City Road.
(42) In woods, west of Gate City Road, where there is a
deflection of 8�30' to the right, or north, from the general course
of the line, on old Hickman Place.
(43) In woods northeast of Bloomingdale, where this 8�30'
deflection from the general course of the line ends, in going
westward, and line resumes its general course.
(44) On road to Bloomingdale.
(45) On Wall Gap Road.
(46) On road up ravine.
(47) On Carter Valley Road.
(48) On Gate City and Kingsport Road, cut-stone monument of
1858-1859.
Coast and Geodetic Survey triangulation station "Cloud" on bluff
of North Holston River, stone marked US + CS.
(49) On east bank of North Holston River.
(50) On road on west bank of North Holston River.
(51) At cross roads on Stanley Valley Road, cut-stone monument
of 1858-1859.
(52) On Stanley Valley Road, on hill at turn in road.
Page 190 U. S. 82
(53) On Cameron Post Office Road.
(54) On Stanley Valley Road, south of barn of N.J. Bussell,
cut-stone monument of 1858-1859.
(55) On Stanley Valley Road, cut-stone monument of
1858-1859.
(56) On road which runs across Opossum Ridge.
(57) On Moore's Gap Road.
(58) On Caney Valley Road.
(59) On Little Poor Valley Road, south of Mary Field House.
(60) On Poor Valley Road, cut-stone monument of 1858-1859.
On summit of Clinch Mountain, cairn of rocks erected, a few feet
south of the Coast and Geodetic Survey triangulation station
"Wildcat," which station marked with US + CS cut in sandstone
rock.
(61) On Clinch Valley Road.
(62) On road on east bank of Clinch River, above Church's
Ford.
(63) On road at Jane Bagley's house.
On summit of open hill east of Fisher Valley Road, line crosses
solid rock. Small hole drilled in it, with T cut south of hole, and
V north of it.
(64) On Fisher Valley Road.
On summit of high ridge, east of Robinett line, crosses solid
rock. Small hole drilled in it, with V cut on north side of hole,
and T on south of it.
(65) On road at Robinett.
On side of ridge at east edge of woods line crosses rock. Small
hole drilled in it, with V cut on north side of hole and T on south
of it.
On summit of Newman's Ridge, line crosses rock similarly
marked.
(66) On Rogersville and Jonesville Road.
(67) On Little Creek Road.
(68) On Sneedville and Black Water Salt Works Road.
(69) On Black Water Valley Road near J. Mullen's house. Coast
and Geodetic Survey triangulation station "Powell," on
Page 190 U. S. 83
summit of Powell Mountain, large sandstone rock marked US +
CS.
(70) On Mulberry Gap and Wallen Creek Road, near large
poplar.
(71) Near junction of Mulberry Gap and Jonesville Roads.
(72) On east face of Wallen Ridge, on edge of trail over ridge,
where there is a deflection to the right, or north, of 19� from the
general course of the line.
On summit of Wallen Ridge line crosses large sandstone rock.
Small hole cut in it with V. cut north of hole and T. south of
it.
(73) On west face of Wallen Ridge, in open field, on the
boundary fence of Mollie Thompson and J. W. Moore, where this
deflection of 19� from the general course of the line ends, in
going westward, and line resumes its general course.
(74) On road east of Powell River, and north of Welch or Baldwin
Ford.
On rock bluff west of Powell River, a small hole was cut with V
north of this hold and T south of it.
(75) On Powell River and Sneedville Road, on hill west of Powell
River, rough stone monument with V cut on north face and T on south
face.
(76) On Powell River and Sneedville Road.
(77) On Martin creek Road.
(78) On Low hollow Road.
(79) On Four Mile creek Road.
(80) On Bayles' Mill Road.
(81) On Ball's Mill Road.
Coast and Geodetic Survey triangulation station "Minter" on
summit of hill, near gate and fence corner.
(83) On Road south of Jacob Estep's house.
(84) On East Machine Branch Road.
(85) On West Machine Branch Road.
(86) On Dicktown Road.
(87) On Mud Hollow hole Road, near large limestone spring.
(88) On Hoskins' Valley Road, near large limestone spring.
Page 190 U. S. 84
(89) On George Souther's Saw Mill Road.
(90) On Louisville and Nashville Railway, near Brook's
Crossing.
(91) On old Ironworks Road, where there is a deflection of 4�10'
to the right, or north, from the general course of the line.
(92) On Station Creek Road.
(93) On east side of Poor Valley Ridge, where this deflection of
4�10' from the general course of the line ends, in going westward,
and line resumes its general course.
(94) On Cumberland Gap and Virginia Road, east of Cumberland
Gap.
(95) On small hill just east of road connecting Cumberland Gap
with Old Virginia and Cumberland Gap Road, in the edge of the old
town park.
(96) On side of open hill facing south, about 2 1/2 squares east
of the Tazewell and Kentucky Road at Cumberland Gap.
(97) On west side of Tazewell and Kentucky Road, and just east
of woolen factory at Cumberland Gap.
(98) At foot of Cumberland Mountain, west of the Union Railway
Station, and in line with the south edge of the south chimney of
said Union Railway Station.
(99) On summit of Cumberland Mountain. The monument of cut
limestone has "V" and "T" cut on its adjacent vertical faces, and
"Corner" cut on its top. Its base is set in cement and broken rock,
with one diagonal running east and west. The summit of the
sandstone ledge was blasted in order to set this monument.
In addition to the cut-stone monuments and other durable marks,
your commissioners marked with six chops, thus:
image:b
the trees on and within ten feet of this line on each side.
Page 190 U. S. 85
Your commissioners unanimously agree in recommending that the
rights of individuals having claims or titles to lands on either
side of said boundary line, as ascertained, remarked, and
reestablished by your commissioners, shall not in consequence
thereof in anywise be prejudiced or affected, where said
individuals have paid their taxes, in good faith, in the wrong
state.
"William C. Hodgkins [seal]"
"
Commissioner"
"James B. Baylor, [seal]"
"
Commissioner"
"Andrew H. Buchanan, [seal]"
"
Commissioner"
October 13, 1902
Report of the Treasurer of the Tennessee
and
Virginia Boundary Commission
To the Honorable the Chief Justice and Associate Justices
of the Supreme Court of the United States:
The treasurer of the commission appointed by the decree of this
honorable court, dated April 30, 1900, to reestablish the boundary
between the States of Virginia and Tennessee, herewith submits the
abstracts of the monthly expenditures of the entire work -- ten in
number -- beginning May, 1901, and ending September, 1902, as
follows:
No. 1. May, 1901. . . . . . . . . . . . . . . $ 384.05
No. 2. June, 1901 . . . . . . . . . . . . . . 1083.75
No. 3. July, 1901 . . . . . . . . . . . . . . 1070.18
No. 4. August, 1901 . . . . . . . . . . . . . 1197.76
No. 5. September, 1901. . . . . . . . . . . . 1263.11
No. 6. October, 1901. . . . . . . . . . . . . 1565.63
No. 7. June, 1902 . . . . . . . . . . . . . . 262.13
No. 8. July, 1902 . . . . . . . . . . . . . . 1045.45
No. 9. August, 1902 . . . . . . . . . . . . . 1245.34
No. 10. September, 1902. . . . . . . . . . . . 358.59
--------
$9475.99
Amount chargeable to each state. . . . . . . . 4738.00
Page 190 U. S. 86
General Summary
Remuneration of Commissioners at $10 per day . $5730.00
Transportation to and from field . . . . . . . 274.04
Transportation in field (about). . . . . . . . 1085.58
Stone monuments. . . . . . . . . . . . . . . . 678.90
Labor, freight, etc. . . . . . . . . . . . . . 1707.47
--------
Total . . . . . . . . . . . . . . . . . . $9475.99
Cash received from Virginia. . . . . . . . . . 4737.99
Cash received from Tennessee . . . . . . . . . 4738.00
--------
Total . . . . . . . . . . . . . . . . . . $9475.99
The above is respectfully submitted.
A. H. Buchanan
Treasurer of the Boundary Commission
"
J. C. W. United States Department of Agriculture,"
"
Bureau of Forestry, Washington, D.C."
"
Office of the Forester"
"August 20, 1901"
"This beech block came from the 'offset' near its western end
and just east of the 'Shady Road'"
"J. B. Baylor"
"
Commissioner"
"Mr. J. B. Baylor, Tenn.-Va. Boundary Commission, Abingdon,
Virginia."
"Dear Sir: Your letter of August 17, and also the beech block
are at hand. In the absence of Mr. Sudworth, with whom your
previous correspondence has been, I am glad to give you my opinion
as to the questions stated in your letter."
"Owing to the very slow growth of the tree from which this block
was cut, in early life, it is not possible to count the annual
rings, even with the aid of a strong magnifier, with absolute
certainty of accuracy. The results I have obtained show that its
age in 1802 was 96 years, and that its diameter, not including
Page 190 U. S. 87
bark, was about six inches, or about 6 1/4 inches, including the
bark. There are five wounds shown in this block. Two of these
occurred, in my judgment, forty-three years ago, or in the year
1858. The three older wounds I believe were made ninety-nine years
ago, or in 1802."
"This beech block will be carefully stored away in this
bureau."
"Very truly, (Signed) Overton W. Price,
Acting
Forester"
"
J. C. W. United States Department of Agriculture,"
"
Bureau of Forestry, Washington, D.C."
"
Division of Forest Investigation."
"November 11, 1901"
"This hemlock block came from near the eastern end of the
'off-set line' -- a short distance from where the marked trees
end."
"J. B. Baylor,"
"
Commissioner"
"Mr. J. B. Baylor, Tenn.-Va. Boundary Commission"
"Bloomingdale, Sullivan County, Tenn. "
"Dear Sir: The hemlock blocks sent to this office some time ago
have remained unexamined so long on account of my absence from the
office. I regret to have thus delayed the answer so long."
"I have just examined the specimens, and find that the deeper
scar in the larger of the two specimens was made in the year 1802.
Ninety-nine annual rings were formed since the scar was made. This
year's growth is still in a formative stage."
"The somewhat superficial scar in the smaller specimen was made
in 1858, 42 annual rings having been laid on since the mark was
made. The last season's growth is not complete."
"As requested in your letter of Sept. 8, these blocks will be
retained subject to further advices from you."
"Very truly yours,"
"Geo. B. Sudworth,
Chief "
Page 190 U. S. 88
Property List Purchased for Field Outfit in the Boundary
Survey
3 saddles, bridles, and blankets . . . . . $27.50
1 cooking stove and repairs. . . . . . . . 7.00
1 heating stove. . . . . . . . . . . . . . 2.25
8 joints of stovepipe . . . . . . . . . . 1.35
1 crowbar. . . . . . . . . . . . . . . . . .65
1 shovel . . . . . . . . . . . . . . . . . .85
1 grindstone . . . . . . . . . . . . . . . .90
6 axes . . . . . . . . . . . . . . . . . . 3.90
2 files. . . . . . . . . . . . . . . . . . .20
4 lamps . . . . . . . . . . . . . . . . . 1.00
1 saw (large). . . . . . . . . . . . . . . 1.35
1 trowel . . . . . . . . . . . . . . . . . .50
2 pairs of tree-climbers . . . . . . . . . 3.50
1 cot. . . . . . . . . . . . . . . . . . . 2.50
1 office table . . . . . . . . . . . . . . 2.50
1 dining table . . . . . . . . . . . . . . 1.00
------
Total . . . . . . . . . . . . . $56.95
Of the above at the close of the field work, the following were
sold:
2 saddles. . . . . . . . . . . . . . . . . $3.00
2 stoves . . . . . . . . . . . . . . . . . 2.50
2 tables . . . . . . . . . . . . . . . . . 2.00
3 lamps. . . . . . . . . . . . . . . . . . .50
1 grindstone . . . . . . . . . . . . . . . .50
1 saw. . . . . . . . . . . . . . . . . . . .75
2 axes . . . . . . . . . . . . . . . . . . .65
1 cot. . . . . . . . . . . . . . . . . . . .50
1 shovel . . . . . . . . . . . . . . . . . .60
------
Total . . . . . . . . . . . . . $11.00
"For the remainder, not worn out, purchasers could not be found
without the delay of a commissioner in the field at a greater
expense than they were worth. The proceeds of the sales made --
$11.00 -- have been returned, one-half to each state."
"A. H. Buchanan,
Treasurer"
Decree entered accordingly.