ver would have thought of asserting, if his father had not left him an overflowing treasury and a powerful army.

With this brief historical retrospect, presented as explanatory of the accompanying testimony, I will now lay before your excellency, in chronological order, a list of the documents and papers referred to in my preceding observations.

No. 1. Is the original grant from king James II. to Thomas lord Culpeper, made on the 27th September, in the fourth year of his reign.

No. 2. Copy of a letter from Major Gooch, lieutenant governor of Virginia, to the lords commissioners for trade and plantations, dated at Williamsburg, June 29, 1729.

No. 3. Petition to the king in Council, in relation to the Northern Neck grants and their boundaries, agreed to by the house of burgesses, June 30th, 1730.

No. 4. The petition of Thomas lord Fairfax, to his majesty in council, preferred in 1733, setting forth his grants from the crown, and that there had been divers disputes between the governor and council in Virginia and the petitioner, and his agent Robert Carter, Esq., touching the boundaries of the petitioner's said tract of land, and praying that his majesty would be pleased to order a commission to issue for running out, marking and ascertaining the bounds of the petitioner's said tract of land.

No. 5. A copy of an order of his majesty in his privy council, bearing date 29th of November, 1733, directing William Gooch, Esq. lieutenantgovernor of Virginia, to appoint three or more commissioners, (not exceeding five) who in conjunction with a like number to be named and deputed by the said lord Fairfax, are to survey and settle the marks and boundaries of the said district of land, agreeably to the terms of the patent under which the lord Fairfax claims.

No. 6. Copy of the commission from lieutenant-governor Gooch to William Byrd of Westover, John Robinson of Piscataway, and John Grymes of Brandon, appointing them commissioners on behalf of his majesty, with full power, authority, &c.

[I have not been able to meet with a copy of the commission of lord Fairfax to his commissioners-they were William Beverly, William Fairfax and Charles Carter. It appears by the accompanying report of their proceedings, that "his lordship's commissioners delivered to the king's commissioners an attested copy of their commission," which having been found upon examination more restricted in its authority than that of the commissioners of the crown, gave rise to some little difficulty which was subsequently adjusted.]

No. 7. Copy of the instructions on behalf of the right honoroble lord Fairfax, to his commissioners.

No. 8. Minutes of the proceedings of the commissioners apppointed on the part of his majesty and the right honorable Thomas lord Fairfax, from their first meeting at Fredericksburg, September 25th, 1736.

No. 9. Original correspondence between the commissoners during the years 1736 and 1737, in reference to the examination and survey of the Potomac river.

No. 10. The original field notes of the survey of the Potomac river,

the mouth of the Shenandoah to the head spring of said Potomac river, by Mr. Benjamin Winslow,

No. 11. The original plat of the survey of the Potomac river.

No. 12. Original letter from John Savage, one of the surveyors, dated January 17, 1737, stating the grounds upon which the commissioners had decided in favor of the Cohongoroota over the Wappacomo, as the main branch of the Potomac. The former, he says, is both wider and deeper than the latter.

No. 13. Letter from Charles Carter, Esq. dated January 20, 1737, exhibiting the result of a comparative examination of the North and South branches of the Potomac. The North Branch at its mouth, he says, istwenty-three poles wide, the South branch sixteen, &c.

No. 14. A printed map of the Northern Neck of Virginia, situate betwixt the rivers Potomac and Rappahannock, drawn in the year 1737, by William Mayo, one of the king's surveyors, according to his actual survey in the preceding year.

No. 15. A printed map of the course of the rivers Rappahannock and Potomac, in Virginia, as surveyed according to order in 1736 and 1737, (supposed to be by lord Fairfax's surveyors.)

No. 16. A copy of the separate report of the commissioners appointed on the part of the crown. [I have met with no copy of the separate re

port of lord Fairfax's commissioners.]

No. 17. Copy of lord Fairfax's observations upon and exceptions to the report of the commissioners of the crown.

No. 18. A copy of the report and opinion of the right honorable the lords of the committee of council for platation affairs, dated 6th April, 1745.

No. 19. The decision of his majesty in council, made on the 11th of April, 1745, confirming the report of the council for plantation affairs, and further ordering the lieutenant-governor of Virginia to nominate three or more persons, (not exceeding five,) who, in conjunction with a like number to be named and deputed by lord Fairfax, are to run and mark out the boundary and dividing line, according to his decision thus made.

No. 20. The original commissioners from Thomas lord Fairfax to the honorable Wm. Fairfax, Charles Carter and William Beverly, Esqrs., dated 11th June, 1745.

[Col. Joshua Fry, Col. Lunsford Lomax, and Maj. Peter Hedgeman, were appointed commissioners on the part of the crown.]

No. 21. Original agreement entered into by the commissioners, preparatory to their examination of the Potomac river.

No. 22. The original journal of the journey of the commissioners, surveyors, &c., from the head spring of the Rappahannock to the head spring of the Potomac, in 1746. [This is a curious and valuable document, and gives the only authentic narrative now extant of the planting of the Fairfax stone.]

No. 23. The joint report of the commissioners appointed as well on the part of the crown as of lord Fairfax, in obedience to his majesty's order of 11th April, 1735.

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No. 24. A manuscript map of the head spring of the Potomas river; executed by Col. George Mercer of the regiment commanded in 1756 by General Washington.

No. 25. Copy of an act of the general assembly of Maryland, passed February 19, 1819, authorizing the appointment of commissioners on the part of that state, to meet such commissioners as may be appointed for the same purpose by the commonwealth of Virginia, to settle and adjust, by mutual compact between the two governments, the western limits of that state and the commonwealth of Virginia, to commence at the most western source of the North branch of the Potomac river, and to run a due north course thence to the Pennsylvania line.

No. 26. Letters from intelligent and well informed individuals, residing in the country watered by the Potomac and its branches, addressed to the undersigned, stating important geographical facts bearing upon the present controversy.

There are other papers in my possession, not listed nor referable to any particular head, yet growing out of and illustrating the controversy between lord Fairfax and the crown; these are also herewith transmitted.

There are other documents again not at all connected with my present duties, which chance has thrown in my way, worthy of preservation in the archives of the state. Such, for example, as the original "plan of the line between Virginia and North Carolina, which was run in the year 1728, in the spring and fall, from the sea to Peter's creek, by the Hon. William Byrd, Wm. Dandridge and Richard Fitzwilliams, Esqrs. commissioners, and Mr. Alex'r Irvine and Mr. Wm. Mayo, surveyors--and from Peter's creek to Steep rock creek, was continued in the full of the year 1749, by Joshua Fry, and Peter Jefferson." Such documents, should it accord with the views of your excellency, might be deposited with "the Virginia Historical and Philosophical Society," an institution of recent origin, yet founded upon the most expanded views of public utility, and which is seeking by its patriotic appeals to individual liberality, to wrest, from the ravages of time the fast perishing records and memorials of our early history and institutions.

With sentiments of regard, I am, very respectfully, your obedient servant,

CHARLES JAS. FAULKNER.

TO JOHN FLOYD, Esq. Governor of Virginia.

After perusing this masterly exposition, the reader will be at a lost to conceive on what grounds Maryland can rest her claims to the terzi org in question, and what authorities she can adduce to support them. The.. controversy is still pending, and, in addition to Mr. Faulkner, Col. John B. D. Smith, of Frederick, and John S. Gallaher, Esq. of Jeffersen, have been appointed commissioners on the part of Virginia.

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CHAPTER XIV.

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THE two counties of Frederick and Augusta were laid off at the same session of the colonial legislature, in the year 1738, and included all the vast region of country west of the Blue Ridge. Previous to that time the county of Orange included all the territory west of the mountains.Orange was taken from Spottsylvania in the year 1734, Spottsylvania having previously crossed the Blue Ridge, and took in a considerable part of what is now the county of Page. Previous to laying off the county of Orange, the territory west of the Blue Ridge, except the small part which lay in Spottsylvania, does not appear to have been included in any county. Spottsylvania was laid off in the year 1720; the act for which is worded as follows:

"Preamble. That the frontiers towards the high mountains are exposed to danger from the Indians, and the late settlements of the French to the westward of the said mountains: Enacted, Spotsylvania county bounds upon Snow creek up to the mill; thence by a southwest line to the River North Anna; thence up the said river as far as convenient, and thence by a line to be run over the high mountains to the river on the north west side thereof,* so as to include the northern passage through the said mountains; thence down the said river until it comes against the head of the Rappahannock; thence by a line to the head of Rappahannock river; and down that river to the mouth of Snow creek; which tract of land, from the first of May, 1721, shall become a county, by the name of Spotsylvania county."

Thus it appears that a little more than one hundred years ago Spotsyl vania was a frontier county, and that the vast region west of the Blue ridge, with its millions of people, has been settled and improved from an entire wilderness. The country for more than a thousand miles to the west has been within this short period rescued from a state of natural barbarism, and is now the seat of the fine arts and sciences, of countless millions of wealth, and the abode of freedom, both religious and political. Judging from the past, what an immense prospect opens itself to our view for the future. Within the last half century, our valley has poured out thousands of emigrants, who have contributed towards peopling the Carolinas, Georgia, Tennessee, Kentucky, Ohio, and other regions south and west, and migrations still continue.

It has already been stated that Frederick county was laid off in the year 1738. The first court of justice held in the county was in the year 1743. This delay, it is presumable, arose from the want of a sufficient

*South fork of the Shenandoah.

mumber of Magistrates to form a quorum for the legal transaction of business. The first court was composed of the following justices, to wit: Morgan Morgan, David Vance, Marquis Calmes, Thomas Rutherford, William M'Mahon, Meredith Helm, George Hoge and John White.James Wood, clerk. This court sat the first time, on Friday 11th day of November, 1743. At this term of the court is to be found on record the following entry: 'Ordered, that the sheriff of this county build a twelve foot square log house, logged above and below, to secure his prisoners, he agreeing to be satisfied with what shall be allowed him for such building by two of the court, and he..not to be answerable for escapes.' This was the first jail erected in the county of Frederick.

The county of Hampshire was the next laid off, and was taken from Frederick and Augusta. This was done in the year 1753. The first court held in this county was in December, 1757. Thomas B. Martin, James Simpson, William Miller, Solomon Hedges and Nathaniel Kuykendall, justices, composed the court, and Gabriel Jones the clerk.

Berkeley and Dunmore were taken from Frederick in the year 1772.In October, 1777, the legislature altered the name of Duninore county to Shenandoah. It does not appear, from the language of the law, for what particular reasons this alteration was made. It had been named after and

in honor of lord Dunmore, the then governor under the royal government. But his lordship took a most decidedly active part in opposition to the American revolution; and in order to have the liberty of wearing his head, took shelter on board of a British armed vessel. His conduct is pretty fully related in Mr. Jacob's account of Dunmore's war, given in the preceding pages; and it was doubtless owing to this cause that the name of Dunmore county was altered to that of Shenandoah.

In the year 1769, Botetourt county was taken from Augusta. In the act is to be found the following clause: "And whereas the people situated on the Mississippi, in the said county of Botetourt, will be very remote from the court house, and must necessarily become a separate county, as soon as their numbers are sufficient, which probably will happen in a short time; Be it therefore enacted, by the authority aforesaid, that the inhabitants of that part of the said county of Botetourt, which lies on the said waters, shall be exempted from the payment of any levies to be laid by the said county court for the purpose of building a court house and prison for the said county." Thus it appears that Virginia, at that period, claimed the jurisdiction and territory of that vast region of country westward to the Mississippi.

In 1772 the county of Fincastle was taken from Botetourt; and in 1776 Fincastle was divided into the counties of Kentucky, Washington and Montgomery, and the naine of Fincastle became extinct.

In the year 1777 Rockbridge county was taken from Augusta and Betetourt. Rockingham county, the same year, was taken from Augusta, and Greenbrier from Augusta and Botetourt. The years 1776 and 1777 were remarkable for the many divisions of the western counties. West Augusta, in the year 1775, by the convention assembled for the purpose of devising a plan for resisting the oppressions of the mother country, among other proceedings determined, that "the landholders of the district