[Passed January 13, 1800.]
Whereas the commissioners appointed to ascertain and adjust the boundary line between this State and the State of Kentucky, in conformity to the act of separation between the two States, have proceeded to the execution of the said business, and made a report thereof in the words following, to wit: -
""The commissioners for ascertaining and adjusting the boundary line between the States of Virginia and Kentucky, appointed pursuant to the act of separation between the two States, to wit, Archibald Stuart, General Joseph Martin, and Creed Taylor, Esquires, on the part of the former, and John Coburn, Robert Johnston, and Buckner Thruston, Esquires, on the part of the latter, having this day met at the forks of Great Sandy river, according to appointment, and taken into consideration the said act of separation, have, and by these presents do, unanimously, agree and declare, that the boundary line between the said States, is, and shall be, and remain as followeth, to wit: To begin at the point where the Carolina, now Tennessee line, crosses the top of the Cumberland Mountain, near Cumberland Gap; thence north eastwardly along the top or highest part of the said Cumberland Mountain, keeping between the head waters of Cumberland and Kentucky rivers, on the west side thereof, and the head waters of Powell and Guest's rivers, and the pound fork of Sandy, on the east side thereof, continuing along the said top or highest part of said mountain, crossing the road leading over the same at the Little Paint Gap, where by some it is called Hollow Mountain, to where it terminates at the west fork of Sandy, commonly called Russel's Fork; thence with a line to run north forty-five degrees east, till it intersects the other great principal branch of Sandy, commonly called the north eastwardly branch; thence down the said north eastwardly branch to its junction with the main west branch, and down main Sandy, to its confluence with the Ohio: ''-
And whereas Brice Martin and Hugh Fulton, the surveyors appointed by the said commissioners to run and mark the said line, did, on the second day of November, one thousand seven hundred and ninety-nine, certify, that they did run the same, beginning at a red oak, white oak, and two pines, marked V. K. on each, standing on a high clift, where the said West or Russel's fork of Sandy runs throught the said Cumberland Mountain, near the mouth of a branch; thence with the said course to the said principal branch of Sandy, commonly called the north eastwardly branch, eight thousand six hundred and forty poles to a poplar, black gum, and two spruce pines, each marked with the letters V. K.; and that they had also marked the trees on the said line with four chops in the form of a diamond: And whereas it is deemed proper and expedient that the said boundary line so fixed and ascertained as aforesaid, should be established and confirmed on the part of this Commonwealth:
1. Be it therefore enacted by the General Assembly of the Commonwealth of Virginia, That the said boundary line between this State and the State of Kentucky, as laid down, fixed, and ascertained by the said commissioners above named, in their said report above recited, shall be, and is hereby fully and absolutely, to all intents and purposes whatsoever, ratified, established, and confirmed on the part of this Commonwealth, as the true, certain, and real boundary line between the said States.
2. And whereas the said commissioners have made a further report, to the present General Assembly, in the words following, to wit:
""And whereas doubts have heretofore prevailed, which of the main branches of Sandy the act for dividing the county of Fincastle, (which is the act referred to for the line between the two States,) meant and intended that the line should run up; and locators have been led into errors in entering their land warrants; it is therefore further unanimously agreed between the said commissioners, that no land claims founded on entries within the forks of Sandy, or east of the Cumberland Mountain, on the waters of Sandy, previous to the first day of October, one thousand seven hundred and ninety-nine, on either side of the before mentioned line, to be run from the end of the said Cumberland Mountain, to intersect the said main north eastwardly branch of Sandy, ought to be in any wise affected by the said doubts which have existed respecting the said line, but that the said claims ought to remain valid and secure, as if no such doubts had existed; or as if the territory had been within the acknowledged limits of either State; that is to say, that all entries of land made in the offices of either State, which, by this adjustment of the line, falls into the other, shall be as valid as if made in the offices of that State in which the land lies, and that it be recommended to the said States to pass mutual laws for the ratification of the said claims, pursuant to the meaning and intent of this agreement between us; and that until such laws shall be passed, this instrument shall not be in force, but shall take full effect immediately after the passage of such laws.''
And whereas it is deemed also proper and expedient to confirm and validate all such entries above mentioned, in conformity to the recommendation of the said commissioners, in their said report last above recited: Be it further enacted by the authority aforesaid, That all claims for entries of lands made by any person or persons, in any surveyor's office in the State of Kentucky, since the separation thereof from this State, which said lands, by means of the adjustment and establishment of the said line above mentioned, have fallen into this State, shall be as valid and sufficient to the several claimants under such entries, to all intents and purposes, as if the same had been made in the proper surveyor's offices of this State; any thing in any law contained to the contrary notwithstanding.
This act shall commence and be in force, from and after the passing of a like law on the part of the State of Kentucky.