.
History
of the Fairfax Line |
by David Lee Ingram
The need for a survey of the
"Fairfax Line" originates with a land grant by Charles II in
1649. This paper will discuss several areas to include the original land
grant, the rulings of the Privy Council, the actual survey, the present day
significance of the survey, and the efforts by Surveyors Historical Society
to relocate the beginning point during their "Rendezvous ‘99".
The author is a Land Surveyor engaged in private practice in Virginia. He
has a specific interest in the Fairfax Line because it forms the North line
of his home county.
I. INTRODUCTION
The early development of the Colonies
that became the United States of America depended on a great many different acts
of man, including surveying the land. From small parcels of land to surveys that
helped delineate large grants and political boundaries, the colonial surveyors
were in the midst of many great steps of progress enjoyed by our forefathers.
One of the more interesting surveys
involved the survey of the "Fairfax Line" to establish the limits of
the Northern Neck land grant in Virginia. This land grant of approximately
5,000,000 acres was a "political payoff" by a King to his friends and
has lead to all sorts of intrigue down to this very day. Politics continued to
play a role through the mid 1700's as we shall discover shortly, the Courts of
England and the United States had things to say about the matter, and a great
deal of the early development of this country took place therein.
As a general point of reference for
orientation, the Fairfax line runs from a point about 3/4 of the way up the East
slope of the Blue Ridge Mountain approximately 30 miles North of
Charlottesville, Virginia, in a North-Westerly direction to a tri-county corner
point in West Virginia near where the Western panhandle of Maryland dips down
into West Virginia.
II. THE "FAIRFAX" GRANT
The genesis of the Fairfax Grant is in
the year 1649 when the King of England, Charles II, is in exile in France with
several of his loyal followers. As a reward to two Culpeper brothers and five
other loyal friends, the King issued a grant for a "porcon of Virginia ....
bounded by and within the heads of the Rivers Rappahannock and Patawomecke.....".
Initially this was pretty much a useless piece of paper since the King was in
exile, but Charles II was restored to the throne in 1660 and the grant was
recorded and a "proprietary" created in the new world. It is worth
noting here that this was taking place within 50 years of the first permanent
settlement in the new world and the territory that was ultimately encompassed
therein had not been explored and was not known.
Ultimately the 7 original shares ended
up being held by the 2nd Lord Culpeper and his only child, a daughter named
Catherine, who married Thomas 5th Lord Fairfax. Thus the Northern Neck Grant is
commonly referred to as the "Fairfax Grant" and the survey that is the
focus of this paper is referred to as the survey of the "Fairfax
Line". It does pay to marry wealth.
III. THE NEED FOR A SURVEY
Early in the history of this grant,
knowing that the boundaries were between two Rivers was adequate for the owners
and citizens of the new world, but eventually questions started to arise as to
just what were the limits of this massive grant. When one is down near the
Chesapeake Bay it is very obvious whether you are between the two Rivers, but as
you move upstream every branch of a river raises a question as to which side the
boundary follows. There were early opinions that the grant should only go
upstream as far as the "falls" past which ships could not sail. Other
opinions were suggesting various major forks of the rivers, and, of course, the
owners wanted to go all the way to the headspring of each river. But which
headspring? If you have ever examined the beginnings of a stream in a
mountainous area you are well aware of the fact that many small springs flow
together to eventually form a stream which eventually matures into a river.
Even after an agreement has been
reached as to just how far upriver to go, then the question arises as to how to
connect those two limiting points. Is it a straight line? Do you attempt to
follow various natural boundaries? Just where do you go?
These various questions offered many
different options and the parties on different sides of the issue obviously had
conflicting interests and goals. Enter politics and the courts.
IV. THE EXPLORATION SURVEYS OF THE
1730's
During the early 1700's many different
interests came into play regarding the extent of the lands of Lord Fairfax.
Obviously Lord Fairfax wanted as much as he could get. The Governor of Virginia
wanted him to have as little as possible. At various times Lord Fairfax was
astute enough a politician to recognize that if he pushed the issue he would
lose. So he delayed. Eventually the matter was going to come to a head and those
people that would make the final decision needed some good solid information as
to what the fuss was about. Several different things took place in the 1730's
that eventually helped resolve the situation.
The County Surveyors of the counties
that adjoined the Potomac and Rappahannock Rivers were ordered to survey, map,
and provide field notes for those portions of the rivers in their counties.
In 1736 three different survey
expeditions were organized with all three having representatives of the Colony
of Virginia and Lord Fairfax. One group was to explore and map the Potomac to
its head. A second group was to explore and map the North Branch of the
Rappahannock and the final group was to explore and map the South Branch (Rapidan
River) of the Rappahannock. All three groups consisted of surveyors and
commissioners and their works were completed.
The work of the three groups and the
county surveyors lead to the preparation of a map of the Northern Neck in the
years 1736 and 1737. The map shows the courses of both rivers and of particular
interest makes note of Latitudes across the map. The ability and knowledge to
relatively easily get an accurate Latitude certainly contributed to the accuracy
of the map. The one thing the map does not show, however, is a boundary line
across the end of the grant. This was still to be decided.
V. THE PRIVY COUNCIL RULING
Lord Fairfax was wise enough to know
that he did not want a decision made by the Colonial Government because he would
surely lose. He played the game of politics very shrewdly and managed to get the
case transferred to the Privy Council in London. After managing to choose his
time very carefully, when he thought he had a sympathetic Council, Lord Fairfax
finally got a ruling that was very much to his liking. The Council ruled that
his grant would go from the headspring of the Conway River (on the Rapidan, on
the Rappahannock) to the headspring of the Potomac River. This indeed turned out
to be a very fortuitous ruling for Lord Fairfax because it gave him maximum land
area that he could develop and prosper from until after the Revolution.
VI. THE SURVEY OF THE "FAIRFAX
LINE"
After the Privy Council had issued its
final ruling, the next step was to survey the line connecting the head springs
of the two rivers. In 1746 a survey crew was formed consisting of four
surveyors, Col. Peter Jefferson (father of Thomas) and Robert Brooke (son of
Robert Brooke who was one of the 1736 surveyors exploring the Potomac)
represented the Colony and Benjamin Winslow along with Thomas Lewis represented Lord Fairfax. There were also a number of "Gentlemen
Commissioners" representing both sides of the matter, and a number of
helpers with various other duties. Altogether, the party ultimately consisted of
approximately 40 men along with their pack animals, supplies, etc.
We know quite a bit about the actual
survey because Thomas Lewis kept a journal during the survey that was part
survey notes and part diary. The journal surfaced in a Supreme Court case
(Maryland v. the State of West Virginia) and was held by an attorney by the name
of George E. Price of Charleston, West Virginia, and later returned to D. S. Lewis. In 1925
a renowned Virginia Historian by the name of John Wayland transcribed the
journal, had it typeset, and printed. In the course of this printing project,
Wayland used the same spacing and page content as the original and made the
following footnote comments:
"The little book in which
Lewis wrote with a quill pen, and which easily went in his pocket is 3.5
inches from side to side and 5 5/8 inches from top to bottom ........In
spite of his poor spelling, Thomas Lewis was a man of culture and wide
information. He had a literary taste, and was probably one of the best
mathematicians in the colony....... It is possible that Lewis wrote this
journal day by day on the expedition, sometimes making his entries at night
by the flickering light of the camp fire. In view of all the conditions we
cannot help admiring his straight lines and good penmanship, and we are much
disposed to excuse his bad spelling....... We are reminded here again of the
fact that only a small part of the story of our country, in the conquest and
settlement of the wilderness, has ever been told, and now only a small part
can ever be written. It is such documents as Lewis’s journal that now and
then give to our imaginations the wings of exalted visions."
The journal itself tells a lot about
the work and life of the expedition and the characters of the people therein.
The next few entries of this paper will be quotes or paraphrases from the
journal to give an idea of just what the situation was with the expedition.
First, however, a comment or two. It seems that surveyors are not a lot
different 250 years later. There appears to be something in the nature of the
beast. Another observation is his constant reference to the commissioners as
"gentlemen commissioners". One can almost hear the sarcasm in his pen.
Since these men might be considered lawyers today, again not much has changed.
Now to the journal: Lewis sets out from
home near Staunton, Virginia on Wednesday, September 10, 1746, to go to Capt.
Downs to await the commissioners and the other members of the expedition. On
Thursday he took sick and had to put up for the day and then proceeded on to
Capt. Downs the next day. The others were arriving at the same time and he
speaks of spending the day very agreeably. On Sunday they solicited a preacher
to preach them a sermon before they departed and they were bid farewell. After
getting things ready on Monday and Tuesday, they retired to their camp on
Tuesday and spent there hours with a great deal of pleasure and merriment. He
was taken ill in the night with violent vomiting. On Wednesday they continued
packing and spent the evening "in our usual manner". They were alarmed
with a quarrel in Capt. Downs lane amongst a crowd of drunken people. The rails
and stakes of Capt Downs fence supplied the want of cudgels and they were
applied with tolerable good success.
On Friday, September 19, 1746, they
departed Capt Downs and set off to commence their assigned task. They called at
Kirkley’s and regaled themselves with some very good cider. They were obliged
to camp before arriving at the head spring of the Conway. On Saturday the 20th,
the mountains made such a dismal appearance that John Thomas took sick and
returned home. One gets the idea that just getting to the beginning point of the
survey was a major task and it probably was.
The next task was to find the proper
beginning spring that had been identified in the 1736 survey. They spent time
measuring up several different forks well up in the Blue Ridge Mountain
attempting to compare their survey to the prior survey. They eventually
satisfied themselves that they had the correct spring and found some trees that
probably had been marked ten years earlier. It appears that they really
weren’t fully satisfied that they had the proper location, but finally the
"gentlemen commissioners" agreed upon a starting point. One of the
things that may have lead to difficulty is to understand a spring in the Blue
Ridge Mountains. Typically they are not a "gusher" high up in the
mountain, but rather a "seep" and considering that this is
mid-September it is very possible that there was little if any water flowing.
Finally, on September 25th, they began
to run a trial line to connect the headspring of the Rappahannock River with the
headspring of the Potomac River. They probably had a copy of the 1736 & 1737
map, but it would serve only as a general guide for their direction and
distance. They made their best estimate as to a direction and proceeded to run
on a course of N 41 2/3 W off into the Western wilderness of Virginia.
They would occasionally run into settlers on the Western frontier, but for all
intents and purposes they were on their own for an indeterminate period of time.
They were beginning about 3/4 of the way up the east slope of the Blue Ridge and
had to then cross the Blue Ridge and several other major valleys and mountains
as they would soon find out.
After crossing the Blue Ridge and
coming to the Shenandoah River in Page Valley, they met up with the rest of
their baggage which had been sent there from Capt Downs rather than bring it all
over the Blue Ridge with them. They encamped at Loungs and dined and regaled
themselves with several black jacks of punch. Through out the journal it is
obvious that they never passed up the opportunity to have a good drink.
Surveyors never change.
On Sunday the 28th at night they took a
variation of the needle and found it to be 1.5 degrees West. The four surveyors
that were on this journey were probably some of the best the colony had to offer
and the survey demonstrates the ability to run a long straight line on a
North-West heading, a knowledge of astronomy, and many other aspects of
surveying. At this point it was determined that it was not practical to take the
horses and baggage over Peaked Mountain so the surveyors struck off on their own
while the baggage and "gentlemen commissioners" went around. The day
was exceedingly hot, the mountain steep, and they were almost overcome and ready
to faint for want of water. They did, however, make it up, across, and down the
Mountain in one day all the while running a survey line and measuring the
distance. Quite a feat.
By Friday, October 3rd, the survey had
gone 31 miles and Lewis notes that several of the horses had like been killed
tumbling over rocks and precipices and "ourselves often in the outmost
danger this tirable place was called Purgatory". By this time they had
crossed the Shenandoah Valley and were headed up into the Allegheny Mountains.
Many parts of the Allegheny’s are still very rough and rugged to this day and
one can only imagine the hardships being faced at this time. Once again the
surveyors separated from the main body with a couple of horses while the
commissioners and the main part of the baggage went to find an easier way. On
Sunday the 5th the surveyors could not "lyeby" because their horses
were starving and they only had provisions for the day. Necessity made them
press forward.
Here Lewis laments the great many
hardships being endured by the surveyors and the horses and observes that they
were very lucky that no one broke a shin. At one river crossing they decided to
leave their work and go downstream to see if they could discover some
inhabitants where they might get some provisions. They only discovered one
family of "poor Dutch people" from whom they could have no supply.
Fortunately Mr. Brooke returned from having found the main party and brought
with him enough supplies so that the surveyors could proceed on. On Tuesday the
7th they ascended a very steep mountain and passed mile 46 on their survey.
Again the horses were having problems traversing the terrain and there was no
water for them.
On Wednesday the 8th they broke the
glass of their compass. On Wednesday the 9th they encamped opposite Coburns.
They "went to see Coburn who with his wife & miller a Bucksom lass
Repay’d the Visite in the evening we spent very merily". This was the
last settlement they expected to encounter and laid over on the 10th to be
supplied with fresh provisions, shoe the horses, and do laundry.
The survey continued on October 11th
with additional reports of rugged terrain, rough going, success at hunting a
bear and three cubs for food, swamps, etc. etc. This was an extremely difficult
journey and the men had to know that they would have to do it all again. Never
the less, they pressed on because they had a task to finish.
On Friday the 17th they started being
concerned that possibly they had missed the head of the Potomac and had gone too
far. Streams were running in the wrong direction (towards the Mississippi) and
I’m sure frustration was catching up. They pressed on, however, and on the
21st one of the men who had been on the 1736 journey reported after an
exploration that he had found the headspring of the Potomac from ten years prior
with the previously marked trees plainly visible. The rest of that day and the
next the surveyors ran a "traverse" from where they were at to the
headspring so that they could calculate their error. That night they dined on a
loin of roasted venison and drank to his Majesty’s health. After performing
their calculations, they discovered that they were only off line by about 4
miles - quite amazing considering that they had run approximately 76 miles on an
educated guess. With this information they were able to calculate a corrected
bearing for the return trip and on Thursday, October 23rd, they left the head of
the Potomac to return to the place of beginning.
The return trip was no less difficult,
but Lewis’s notes seem to not be as "down" as some of the earlier
comments. In fact, on the return trip they had to do additional work of blazing
trees and otherwise marking the line the entire way. They also took a couple of
occasions to measure up valleys to make a "tie line" to confirm that
their return line was running true.
In spite of the hardships encountered,
there were however moments of levity. Lewis does note that they stopped at
Coburns again on the return trip on the 28th where they dined and had wrestling
matches. On Thursday the 30th they concluded the evening with
"merriment" since it was his Majesty’s birthday, they drank to his
health, and discharged 9 guns.
Another moment of levity occurred on
the 29th when they held a trial for Fumfire the farrier. Several days earlier he
had deserted the group, but reappeared to them on the 28th. At the trial it was
determined that his punishment would be to wear a bell about his neck for a
week. This was probably a serious event and the thought of wearing a bell was
indeed a punishment not to be enjoyed, but one can imagine that the trial might
have had a good laugh or two as well. One does get the impression throughout the
journal that even though the men were serious about a difficult task, they did
know how to have a good time. Once again, a sign that surveyors never change.
Finally, on November 13th, 1746, the
survey arrived back at the point of beginning and found that they had "fell
about 100 yard below the place of our beginning". They proceeded to mark a
rock "FX" and marked and scribed a number of trees. Thus in a little
over one and one-half months, this group of intrepid surveyors surveyed over 160
miles of line (76 mile out, 76 miles back, plus tie lines) and managed to end up
within 100 yards of their beginning point using a compass and chain. An amazing
accomplishment!!!!
They broke camp the next day and all of
the men started to proceed home. Jefferson, Winslow, and Lewis set off for Capt
Downs and then went to spend an evening with Mr. Madison - one assumes he means
the family of James Madison. The leaders of the colony of Virginia, including
the surveyors, were an apparently tight knit group and took every opportunity to
stay in touch with each other.
VII. THE MAP OF THE SURVEY
The surveyors had one more task to
perform and that was to prepare a map of the Fairfax lands. They had agreed that
they would meet at Jefferson’s on January 1, so Lewis continues in his journal
that he departed home on December 30. The schedule did not hold and Lewis did
not arrive until January 3rd, but not to worry as Brooke and Winslow had not
arrived. After waiting several days and getting tired of the wait, Lewis set off
to find the other two. He arrived at Brooke’s on the 15th of January to find
him preparing for his journey in a few days. They finally ran across Winslow and
agreed that they should leave for Jefferson’s on the 21st - only three weeks
late for a meeting to draw maps. They finally arrived at Jefferson’s on the
23rd of January and began work on the 24th. They soon discovered that they
needed additional paper and supplies that needed to be ordered from
Williamsburg. They continued their work until February 21, 1747, at which time
they had completed seven plans of the Northern Neck each about three foot
square. He does not say what happened to the seven plans, but one of the
original copies is located in the "State Paper Office" in London. In
1860 a hand drawn copy of the original map was made and returned to Virginia
where it now resides.
Lewis concludes his journal by saying
"Having finished a troublesome and difficult affair wherein I have first
and last spent 127 days and cash 3 pounds: 3 shillings". He does not say
what, if any, his compensation for the job was.
VIII. PRESENT DAY SIGNIFICANCE OF THE
"FAIRFAX LINE"
The Fairfax Line surveyed in 1746 still
has significance to this day. In numerous places it represents private property
lines, for a significant portion of its length it represents County lines, and
for several miles it represents the state boundary between Virginia and West
Virginia.
The North-West end theoretically should
represent a corner of the State of Maryland, but because of the way the head of
the Potomac River bends around it is only a county corner of three West Virginia
counties. This issue was only resolved when the Supreme Court ruled against
Maryland in determining that Maryland would only go up the Potomac far enough to
meet a point where a North line from the Fairfax stone would cross the branch of
the Potomac. Without the ruling, the boundary of Maryland did not make any real
sense and was indeterminate.
IX . SURVEYORS HISTORICAL SOCIETY
PROJECT
The North-West end of the Fairfax line
is known to this very day and is easily accessible. In addition to being a
tri-county corner, there is a lane that leads right up to a small park and
picnic area with appropriate plaques and other identification.
The South-East end of the Fairfax line
is just the opposite. To my knowledge it has not been used or identified since
1746. It is located in a very remote, wooded area in what is now Shenandoah
National Park and can not be located other than in a general sense. The
Surveyors Historical Society will be gathering in Luray, Virginia, September 23
- 25, 1999, to hold "Rendezvous ‘99" for the purpose of
reestablishing the beginning point and, with a little luck, perhaps even find
the initials "FX" that the surveyors of 1746 chiseled in the rock.
Throughout 1999 additional research will take place, known points along the line
will be GPS’ed , and at the rendezvous we will attempt to follow in the
footsteps of the surveyors from 1746. You are invited to join us.
.
Surveyors
Historical Society Rendezvous 1999
Quest
For The Fairfax Stone |
by
David Lee Ingram
Throughout
the year 1999, members of Surveyors Historical Society, numerous volunteers, and
friends performed several surveys to help establish and, hopefully, find the
South-East end of the Fairfax Line. In the months leading up to the
surveys, record research was conducted throughout the counties in Virginia and
West Virginia through which the Fairfax Line passes. The purpose of this
research was to identify existing monumentation that is supposed to be in the
line and exactly where those points are on the ground. I say above that we
were looking for points that are "supposed" to be in the line because
there are no confirmed marks throughout the length of the line that were left by
the surveyors of 250 years ago. There are two trees (one dead) that legend
says were trees actually marked by the surveyors, but that is all.
After
identifying approximately 15 to 20 different monuments or places to locate,
survey crews went out on three different occasions to locate these points with
GPS (Global Positioning System) equipment. The purpose of this work was
twofold. First, to locate the points so that they would point us to the
South-East end of the line and, second, to check to see what kind of accuracy
the surveyors were able to maintain 250 years ago. At this point, credit
must be given to three gentlemen and their firms that donated many hours of time
and the use of their GPS equipment. First, Doug Richmond and his firm
Geometrics, second, Bill Moore and his firm EVS Associates, and third, Marshall
Robinson and his firm Allegheney Surveys. Without them this project could
not have reached the conclusions that we were seeking.
After
collecting the data, the first question that needed to be answered is "what
is a straight line". At first blush this may seem like a silly
question, but we must remember that we are evaluating data over a line 76 miles
long that runs approximately N 45 degrees W. There are two possible
scenarios to consider: Are we looking at a "great circle" line
or are we looking at a line as part of a rectangular coordinate system. If
we were looking at a great circle survey, then geodetic inverses of the latitude
/ longitude coordinates would give us a straight line. An examination of
the data showed this not to be the case. When all the geodetic positions
were converted to a rectangular coordinate system, we did find that the points
were generally found to be in a straight line. Obviously, the pints would
not form a perfect line, but our survey results showed that the points we did
locate generally meandered back and forth across the theoretical straight line
by a relatively small amount - usually less than 250 feet. This was very
encouraging because it meant that the surveyors of yesteryear did an amazingly
good job and we definitely had a good enough line to point us in the right
direction for searching for the stone we were seeking.
A
second aspect of the preliminary surveys involved actually running some lines on
the ground with compass and chain just as the surveyors had done 250 years ago -
as the saying goes, "To follow in the footsteps". In September,
1999, as part of the Surveyors Historical Society Rendezvous '99, a group of 30
or 40 surveyors gathered on the side of the Blue Ridge Mountain to retrace the
work recorded by Thomas Lewis in his journal of 1746. In his journal, he
made mention of two stream intersections that we can still identify today and
then he had a series of bearings and distances from these intersections up to
the "head spring" of the Rappahannock River. The surveyors of
1999 spent a day retracing the old survey and found that it lead right up to a
spring that we had previously suspected as being the head spring. In fact,
after almost a mile of traversing with compass and chain, we came to within 20
or 30 feet of the spring head.
With
the beginning point of the survey of 1746 now confirmed from both directions,
approximately 100 people gathered on the side of the mountain to look for the
stone that Lewis mentions in his journal. He says that they "fell
about 100 yard below the place of our beginning", which is where we set up
our search center - about 100 yards from the spring. We fanned out to from
a line that looked like a "crime scene" search and started looking for
the stone. After about 30 minutes or so, Rick Casteel from West Virginia
yelled out that he had found something. The something found was a stone
set vertically that looked like any number of stones that surveyors of today
find that have been set as property corners by surveyors of yesteryear.
Some people felt they could even see the "F" that Lewis noted they
marked on the stone in 1746.
One
piece of work was yet to come. In the Spring of 2000, a group of
archeologists from James Madison University excavated the stone to see if there
was any buried evidence that would support or disprove this stone as the
"Fairfax Stone". Unfortunately, nothing was found.
As
a personal note for a conclusion, it is the author's opinion that this is the
stone that was set 250 years ago. This statement is made with perhaps an
80% level of confidence. As a surveyor, I have seen numerous stones that
have been used as a boundary marker and this clearly looks to be such a
stone. While absolute certainty will never be achieved, there were no
other realistic possibilities discovered to be the stone. I am confident
in stating that if this is not the stone, thence the actual stone no longer
exists.
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