The Memorial of the Agent for His Majesty's Province of South Carolina,
That His Majesty having by an Instruction to the Governors of South and North Carolina in the year one thousand seven hundredat all between these Provinces, and which will at the same time strongly mark the just pretensions of South Carolina to the line of jurisdiction they humbly petition His Majesty to establish by His royal Order: Cape Fear river dividing the Provinces of South and North Carolina nearly in a Northwest direction bounding North Carolina to the Southwest and South Carolina to the North East is well known to have been the ancient boundary, by that river the authority of Government and Exercise of Jurisdiction were respectively limited in each of these Provinces, the jurisdiction of the judges used by their commission to be so far extended. The Expences of Government annually increasing became so heavy a burthen at a time that the inhabitants of South Carolina who were as yet but few in number and their settlements Northward extended little farther than Santee river, that in order to avoid payment of Taxes and to be in a situation on account of its distance beyond the reach of Process, sundry persons with their families removed up to the South banks of Cape Fear River, The Settlements of these people called the Brunswick Settlements
The Commissioners authorized by each Province in the year one thousand seven hundred and thirty five run a boundary line as far west as seventy or eighty miles from the sea, but His Majesty not having directed any degree of latitude to be taken, only a line parallel to Cape Fear river, the Commissioners differed in opinion upon the construction of the King's instruction and proceeded no farther, and indeed no line was run in exact conformity to that Instruction; since when Pretences of uncertainty of jurisdiction urged under sanction of his late Majesty's interposition in one thousand seven hundred and thirty have been set up in excuse for non payment of quit rents to the Crown or of Taxes to the Province; representations of which and of the mischiefs and confusion subsisting for want of a certain known line of jurisdiction having been transmitted to England, whereby His present Majesty taken under consideration, who in one thousand seven hundred and sixty three was pleased to order an instruction for a temporary line, therein directing “that the line in part set out by the Commissions in one thousand seven hundred and thirty five which if not marked so far North as to the thirty fifth degree to be continued in the same direction to the said thirty fifth degree and from thence due west to the Eastern limits of the lands claimed by the Catawba Indians &c” in one thousand seven hundred and sixty four theAll that Tract of land to the Westward of the Catawba River is formed into a County by the name of Tryon County with Provisions for Courts &c. within that County” that therefore this line should be continued. The Council have in their report very properly observed the reasons why South Carolina forbore any attempts of Jurisdiction in those parts, dutifully waiting the Royal Pleasure to be first signified to both Colonies, conceiving the actual ascertaining of the bounds of Jurisdiction to be solely an exercise of Royal Prerogative, while North Carolina is urging a Trespass upon that Prerogative as a Title with your Lordships for His Majesty's confirmation of the infringement. But further the claims of the Catawba Indians to the Lands bordering upon the Catawbas have not been unknown to His Majesty, and therefore in the instruction of one thousand seven hundred and sixty three he was not only pleased to confine his Orders for a line to be run to the east side of the Catawbas whatever be made nor the Jurisdiction of either Province exercised upon any Lands claimed by the said Indians, until the said claims shall be finally adjusted, before therefore a reason had been drawn by North Carolina, from a Jurisdiction so recently and unjustifiably established, it should seem to have been the part of that Colony to have first shewn that since the date of those instructions all claims between the Catawba Indians and that Colony had been finally and authoritatively adjusted; on the other hand South Carolina from respect and regard to His Majesty's Prerogative and Commands signified in the Instruction (notwithstanding the trespasses committed by North Carolina Surveyors as complained of by the back settlers to the Governor and Council of South Carolina) desisted from any actual exercise of Jurisdiction, and yet by a latitude of Construction they might have thought themselves well warranted; the Catawba Indians have agreed with South Carolina whither they have ever had recourse upon complaints of injuries from white men) and consented to contract their claim of lands, (where their numerous ancestors had long resided) to a spot of fifteen miles square on condition of building within that spot a stockaded Fort for the security of their women and children, which was accordingly and fully complied with; previous to which agreement it is to be further observ'd that South Carolina Government in obedience to former commands of the Crown that the Catawba Indians should receive no molestation in their hunting grounds surrounding their Towns, had by order of Council reserv'd the lands thirty miles on all sides from their Towns as a District not to be granted to any Person or Persons whatsoever; notwithstanding these circumstances as to any exercise of Jurisdiction on the lands ceded without the limits of the fifteen miles square further than keeping up and maintaining the numberless Forts belonging to this Province in the Lands adjoining and westward of the Catawbas as directed by the said Instruction South Carolina waits His Majesty's positive pleasure to be signify'd upon the ascertaining a final Boundary.
The reason suggested from the expence North Carolina has been put to in running a western Frontier will appear to have less weight if possible than the last taken notice of, for whatever the expence has been (at most it seems two thousand pounds) it was incurr'd without the Privity of South Carolina, and not without knowledge of the claims of this Province to entire jurisdiction over the landsr Cook to make a perfect and more compleat survey for the better ascertaining a proper final line of jurisdiction, in addition to such the expence of building and maintaining numberless Forts beyond and within the Catawba Lands is no trivial Article, and it is to be remarked that Fort London at Tannissee in the Upper and Fort Prince George at Keowee in the lower Cherokee Country, were built & compleated and lately effectually repaired at a very large expence in obedience to the immediate commands of the Crown to this Province, commands that import strong evidence of Jurisdiction, and yet almost every one of the Forts would, if the application of North Carolina was to take place, fall within the boundary of that Province, so that upon the Principle of their reason for that such Frontier would fall into South Carolina; South Carolina presumes the argument infinitely stronger on her part, for that such Forts with all the great expenses incurred on account of such forts, surveys & agreements with the Catawbas will be lost to this Province and fall into North Carolina—But my Lords, it is of consideration in the case in question, that if the line had been run up to thirty fifth degree instead of stopping short at 34° 49' as is undoubtedly the case, the due west line would then have terminated at the North Eastern instead of South Eastern limits of the Catawba country; from whence it would have been but a small distance round the North of the Catawba Nation to the North Branch of the Catawba River, and in that case there is scarce a doubt but that River would appear the proper the natural and the certain line for a boundary between the two Provinces (upon such Principle Wacaman river if within thirty miles of Cape Fear was mentioned in the instruction of one thousand seven hundred and thirty) preventing the innumerable difficulties that occur in surveying and marking out a line through the woods, or, in the case of settled Countries the inconveniencies in ascertaining Quit rents, Taxes & Taxables, and effectually putting an end to all possible disputes as well of a private as a publick nature. Extraordinary then indeed would the case of South Carolina be, should His Majesty order a line to be continued due west and from a Point erroneously taken rs to recommend in the strongest terms to the Assembly for their better defence & protection against the danger of insurrections of the Negroes; whose numbers must continually increase with an increase of their important commercial staple commodities, to the great advantage and emolument of Great Britain as well as of the Colony. The great disproportion there is between the white men and Negroes in South Carolina (but totally the reverse in North Carolina) must render the former less formidable to a foreign or an indian enemy; in case of hostilities an exertion of their whole strength is absolutely necessary as well to oppose the enemy as to prevent their slaves from revolt, the aid of the inhabitants settled upon the upper parts of Broad river, Catawba, Pacolet and other streams, not only from the addition of their numbers but from the advantage of the stockaded Forts among them, has been found of infinite service, and in such exigencies the Province could not defend itself without, but such aid is not to be procured unless those inhabitants & Forts are subject to and within the immediate authority of this Government as well as within the influence of their Militia Laws; further if its North western Frontier was to be reduced as by the limited Boundary proposed, your Lordship need not to be reminded of the weak and defenceless condition this flourishing Colony must also be reduced to; Savannah River would nearly intersect the line, the Province be formed into a triangle, few or no back possible ways and means to preserve a good correspondence with the Indians on their Frontiers, but especially with the Cherokee Indians inhabiting the Mountains on the North West side of the said Province of South Carolina. The utility and service to, as well as the Friendship constantly manifested by the Catawba Indians in particular for the Province of South Carolina, is so justly represented by His Majesty's Council, that the expediency and reasonableness of comprehending these faithful allies within South Carolina Boundary it is hoped will meet with your Lordship's entire approbation and support with His Majesty.
Your Memorialist will conclude with barely suggesting the great inconveniences to private persons on account of Grants of Lands, Titles by mesne Conveyances, Wills, Testaments, Mortgages &c. all recorded in the Offices of South Carolina, their Lands cut in two, Part in one Province and the Houses and other Part in the other, Disputes upon the Liquidation of Taxes and Quit Rents and in levying executions: was the line of one thousand seven hundred and sixty four ending at the Salisbury Road to be continued due west thro' the Woods, all which will be much lessened if not entirely avoided by the natural boundary offered on the part of South Carolina as set forth in the close of the said Report, and which for the several reasons assigned.
Your Memorialist prays that your Lordship will take under consideration and be pleased to recommend an Instruction for continuing a line Northerly from the point where the line of one thousand seven hundred and sixty four ended at the Salisbury Road along the said Road to the Catawba Lands, and then easterly, northerly and westerly around and along the line bounding the Catawba Lands surveyed in one thousand seven hundred and sixty three till