96 



THE HISTORY OF 



to find fault with the quadrant produced by the Virginia commissioners, 

 though that instrument had been approved by the best mathematicians,and 

 is of universal use. From all which it is evident how little hopes there are 

 of settling the boundaries above-mentioned, in concert with the present com- 

 missioners for Carolina. That though the bounds of the Carolina charter 

 are in express words limited to Weyanoke creek, lying in or about 36° 30' 

 of northern latitude, yet the commissioners for Carolina have not by any of 

 their evidences pretended to prove any such place as Weyanoke creek, the 

 amount of their evidence reaching no further than to prove which is Weya- 

 noke river, and even that is contradicted by affidavit taken on the part of 

 Virginia; by which affidavits it appears that, before tlie date of the Carolina 

 charter to tliis day, the place they pretend to be Weyanoke river was, and 

 is still, called Nottoway river. But supposing the same had been called 

 Weyanoke river, it can be nothing to their purpose, there being a great dif- 

 ference between a river and a creek. Besides, in that country there are 

 divers rivers and creeks of the same name, as Potomac river, and Potomac 

 creek, Rappahannock river, and Rappahannock creek, and several others, 

 though there are many miles' distance between the mouths of these rivers 

 and the mouths of these creeks. It is also observable, that the witnesses on 

 the part of Carolina are all very ignorant pei'sons, and most of them of ill 

 fame and reputation, on which account they had been forced to remove from 

 Virginia to Carolina. Further, thei:e appeared to be many contradictions in 

 their testimonies, whereas, on the other hand, the witnesses to prove that the 

 right to those lands is in the government of Virginia are persons of good 

 credit, their knowledge of the lands in question is more ancient than any of 

 the witnesses for Carolina, and their evidence fully corroborated by the con- 

 current testimony of the tributary Indians. And that right is farther con- 

 firmed by the observations lately taken of the latitude in those parts, by 

 which it is plain, that the creek proved to be Weyanoke creek by the Vir- 

 ginia evidences, and sometimes called Wicocon, answers best to the latitude 

 described in tlie Carolina charter, for it lies in thirty-six degrees, forty 

 minutes, which is ten minutes to the northward of the limits described in 

 the Carolina grant, whereas Nottoway river, lies exactly in the latitude of 

 thirty-seven degrees, and can by no construction be supposed to be the boun- 

 dary described in their charter ; so that upon the whole matter, if the com- 

 missioners of Carolina had no other view than to clear the just right oC the 

 proprietors, such undeniable demonstrations would be sufficient to convince 

 them ; but the said commissioners give too much cause to suspect that they 

 mix their own private interest with the claim of the proprietors, and for that 

 reason endeavour to gain time in order to obtain grants for the land already 

 taken up, and also to secure the rest on this occasion, we take notice, that 

 they proceed to survey the land in dispute, notwithstanding the assurance 

 given by the government of Carolina to the contrary by their letter of the 

 17th of June, 1707, to the government of Virginia, by which letter they pro- 

 mised that no lands should be taken up within the controverted bounds till 

 the same were settled. 



Whereupon we humbly propose, that the lords proprietors be acquainted 

 with the foregoing complaint of the trifling delays of their commissioners, 

 which delays it is reasonable to believe have proceeded from the self-interest 

 of those commissioners, and that therefore your majesty's pleasure be signi- 

 fied to the said lords proprietors, that by the first opportunity they send 

 orders to their governor or commander in chief of Carolina for the time 

 being, to issue forth a new commission, to the purport of that lately issued, 

 thereby constituting two other persons, not having any personal interest in, 

 or claim to, any of the land lying within the boundary, in the room of Ed- 



