THE DIVIDING LINE. 95 



ing within the bounds or Hmits last before mentioned : with the fishing of all 

 soirts of fish, whales, sturgeons, and all other royal fishes in the sea, bays, in- 

 lets, and rivers, within the premises, and the fish therein taken ; together 

 with the royalty of the sea, upon the coast within the limits aforesaid. And 

 moreover, all veins, mines and quarries, as well discovered as not discovered, 

 of gold, silver, gems and precious stones, and all other whatsoever ; be it 

 of stones, metalsor any other thing found or to be found within the province, 

 territory, inlets and limits aforesaid. * * * * 



At the Court of St. James, the 1st day of March, 1710. — Present, the Queen's 

 most excellent majesty in Council. 



Upon reading this day at the board a representation from the right ho- 

 nourable the lords commissioners for trade and plantations, in the words 

 following: In pursuance of your majesty's pleasure, commissioners have 

 been appointed on the part of your majesty's colony of Virginia, as likewise 

 on the part of the province of Carolina, for the settling the bounds between 

 those governments; and they have met several times for that purpose, but have 

 not agreed upon any one point thereof, by reason of the trifling delays of the 

 Carolina commissioners, and of the many difficulties by them raised in rela- 

 tion to the proper observations and survey they were to make. However, 

 the commissioners for Virginia have delivered to your majesty's lieutenant 

 governor of that colony an account of their proceedings, which account 

 has been under the consideration of your majesty's council of Virginia, and 

 they have made a report thereon to the said lieutenant governor, who having 

 lately transmitted unto us a copy of that report, we take leave humbly to lay 

 the substance thereof before your majesty, which is as follows: 



That the commissioners of Carolina are both of them persons engaged in 

 interest to obstruct the settling the boundaries between that province and 

 the colony of Virginia ; for one of them has for several years been surveyor 

 general of Carolina, has acquired to himself great profit by surveying lands 

 within the controverted bounds, and has taken up several tracts of land in 

 his own name, and sold the same to others, for which he stands still obliged 

 to obtain patents from the government of Carolina. The other of them is at 

 this time surveyor general, and hath the same prospect of advantage by 

 making future surveys within the said bounds. That. the behavior of the 

 Carolina commissioners has tended visibly to no other end than to protract 

 and defeat the settling this affair : and particularly Mr. Moseley has used 

 so many shifts and excuses to disappoint all conferences with the commis- 

 sioners of Virginia, as plainly show his aversion to proceed in a business that 

 tends so manifestly to his disadvantage. His prevaricating on this occasion 

 has been so indiscreet and so unguarded, as to be discovered in the presence 

 of the lieutenant governor of Virginia. He started so many objections 

 to the powers granted to the commissioners of that colony, with design to 

 render their conferences ineffectual, that his joint commissioner could hardly 

 find an excuse for him. And when the lieutenant governor had with much 

 ado prevailed with the said Mr. Moseley to appoint a time for meeting the 

 commissioners of Virginia, and for bringing the necessary instruments to 

 take the latitude of the bounds in dispute, which instruments he owned were 

 ready in Carolina, he not only failed to comply with his own appointment, 

 but after the commissioners of Virginia had made a journey to his house, and 

 had attended him to the places proper for observing the latitude, he would 

 not take the trouble of carrying his own instrument, but contented himself 



