North-South Carolina Boundary Problems

Figure C-1: George Burrington’s interpretation of the South Carolina border as advertised in “Timothy's Southern Gazette, Oct. 21, 1732,” recorded in Colonial Records of North Carolina 5: 372-4. Robert Johnson, governor of South Carolina, interprets Waccamaw River to be the border between the two colonies, with a direct westerly line running from the head of the river (Lake Waccamaw) which would eliminate much of South Carolina’s northern territory. South Carolina Governor Robert Johnson interpreted it as thirty miles south of the mouth of the Cape Fear River, running roughly in the direction of that river with its head, then to the west (approximate current boundary). Previously, South Carolina officials considered the Cape Fear River as their colony’s northern boundary. This portion of Emanuel Bowen’s 1747 map reflects this interpretation. [George Burrington and Robert Johnson, “Declarations by George Burrington and Robert Johnson concerning the North Carolina/South Carolina boundary,” Colonial Records of North Carolina (September 11, 1732 - November 01, 1732), 5: 372-4; graphics by Baylus C. Brooks, July 18, 2009.]

SOUTH CAROLINA BOUNDARY DISPUTE.

[Reprinted from S. C. Statutes at Large. Vol. 1. P. 406.]

Timothy's Southern Gazette, Oct. 21, 1732.

Source: George Burrington and Robert Johnson, “Declarations by George Burrington and Robert Johnson concerning the North Carolina/South Carolina boundary,” Colonial Records of North Carolina (September 11, 1732 - November 01, 1732), 5: 372-4.

“Notification of George Burrington, Governor of North Carolina.

“I am informed that several persons in South Carolina, have taken out warrants there, to survey lands on the North side of Wackamaw river, and on the lands formerly possessed by the Congerree Indians, which are within this government. Therefore to prevent unadvised people from parting with their money to no purpose, and to give satisfaction to all persons whom it may concern, I have transcribed his Majesty's instruction for ascertaining the bounds of the two governments of North and South Carolina.

“The King's instructions, 104.

“And in order to prevent any disputes that may arise about the Southern boundaries of our Province under your government, we are graciously pleased to signify our pleasure that a line shall be run by Commissioners appointed by each Province, beginning at the Sea, thirty miles distant from the mouth of Cape Fear River, on the South-west thereof, keeping at the same distance from the said river, as the course thereof runs to the main source or head thereof, and from thence the said boundary line shall be continued due West as far as the South Seas.

“But if Wackamaw lies within thirty miles of Cape Fear River, then that river to be the boundary from the Sea to the head thereof, and from thence a due West course to the South Seas.

-------------------- page 373 --------------------

“For the satisfaction of all men that bought land of the late Proprietors (before the King's purchase was compleated) scituated on the North side of Wackamaw River in any other part between Cape Fear River and the line given by his majesty to this government, I give notice their rights and titles to all lands so purchased as aforesaid, are deemed and allowed to be good and lawful by this government.

“N. B. The above recited instruction, is the same in his Excellency Governor Johnson's and mine, except the word “Southern” before boundaries, which is altered to Northern in his. The head of Wackamaw river is within ten miles of Cape Fear River, and is not distant so much as thirty miles in any place, but a few miles before it runs into Winyaw Bay.

GEORGE BURRINGTON.”

“North Carolina, Sept. 11, 1732.

“The above is transcribed verbatim from the Gazette of the day.

“To this, Robert Johnson, Governor of South Carolina, issued a counter-proclamation, which follows, copied from Timothy's Southern Gazette, Nov. 4, 1732.

“Governor Johnson of South Carolina. I being very much surprized at his Excellency Governor Burrington's advertisement in this paper of the 21st instant, relating to the boundaries of the two Colonies of North and South Carolina, and his manner of interpreting his Majesty's instructions relating thereunto, think proper for the better information of those concerned, to publish what I know concerning the intention of his Majesty's said instruction, which is as follows:

“Governor Burrington and myself, were summoned to attend the board of Trade, in order to settle the boundary of the two Provinces. Governor Burrington laid before their Lordships Col. Moseley's Map, describing the Rivers Cape Fear and Wackamaw, and insisted upon Wackamaw river being the boundary from the mouth to the head thereof, &c.

“We of South Carolina, desired their Lordships would not alter their first resolution, which was thirty miles distant from the mouth of Cape Fear River on the South-west side thereof, &c. as the first instruction published by Governor Burrington sets forth; and their Lordships concluded that that should be the boundary, unless the Mouth of Wackamaw River was within thirty miles of Cape Fear River; in which case, both Governor Burrington and myself agreed Wackamaw River should be the boundary. And I do apprehend the word Mouth being left out of the last part of the instruction, was only a mistake in the wording of it.

-------------------- page 374 --------------------

“And I think proper farther to inform those it may concern, that I have acquainted the Right Honorable the Lords of Trade, of the different interpretations Governor Burrington and myself, have put on his Majesty's aforesaid instruction, and have desired his Majesty's further order.

R. JOHNSON.”
“November 1, 1732.

Robert L. Meriwether (Professor of History, University of South Carolina), The Expansion of South Carolina 1729-1765 (Doctoral diss., Columbia University, 1940), 248:

The Waccamaw rises within ten or fifteen miles of the Cape Fear, but 

flowing southwestward enters Winyah Bay more than eighty miles from 

that river. The proposed revision would have brought a long finger of 

North Carolina territory within sixty miles of Charleston, and would 

have given several hundred square miles of South Carolina sea coast and 

river swamp in exchange for a smaller area at the head of the Waccamaw. 

Johnson later claimed that the addition to the instruction should have pro- 

vided that the Cape Fear be the boundary unless the mouth of the Wac- 

camaw were within thirty miles of Cape Fear River, and it is possible that 

this was the case. The fact, however, that the wording was the same in 

each rendering of the clause indicates that the inadvertence was Johnson's 

own, and that he failed to realize the construction that would certainly be 

placed upon it. In October 1732 Burrington published a notice in the 

South Carolina Gazette declaring that Johnson was granting lands within 

the northern province, and quoted his boundary instruction, omitting, 

however, the clause which stipulated that the line should, from the head 

of Waccamaw River, parallel the Cape Fear River to its head. Two weeks 

later Johnson replied in the Gazette with a vigorous argument in support 

of his contention, but his letters to the Board of Trade were somewhat 

unconvmcmg.

Finally in January 1735 Johnson and the council laid the matter before the Commons, and a joint committee of both houses went into the question at length, putting the best possible face on the South Carolina arguments for a line paralleling the Cape Fear. In March three commissioners were sent to meet those already appointed for North Carolina and after six weeks of consultation "the Friendly interposition" of Gabriel Johnston, now governor of North Carolina, brought about a compromise. The boundary thus defined was to begin on the seacoast thirty miles southwest of the Cape Fear, and it was to run northwest to latitude thirty-five, thence west to the South Seas, with a provision that the Catawbas and Cherokees should be included in South Carolina. For a strip of land fifty miles long and from three to fifteen miles wide the southern commissioners yielded up a claim to the immense area north of the thirty-fifth parallel and west of the Cape Fear River.

Learn, or be doomed to repeat mistakes.

Somebody told me once that we should focus on the immediate needs of our society... to the actual survival of the race. My response was "Yes, that's important. But, if you don't know what caused the trouble, might you do it again?" Sometimes, you have to stop and smell the history.

And, then there was my professor at ECU who said, "History doesn't repeat itself... people do."

These are not only important lessons, they are vital to our survival. Ask yourself what has caused every depression in history and you just might be able to avoid the next one. Do you know what it was? Greed. Uncontrolled greed put us in the situation we find ourselves in today. Maybe if we learned more about past depressions and LISTENED to those lessons, we might grow and better ourselves, make life easier for our children. If that's important to you, that is.

Try to remember that the historian is your most vital part of any planning strategy.

Battle on the Cape Fear!

Brunswick Town was here first! Founded in 1726 by Maurice Moore, with help from his brothers-in-law, John Porter and Edward Moseley. Ironically, Governor George Burrington, who helped Moore establish settlement of the Brunswick area in 1724/5, led a virtual coop against his own colony in 1731-3, establishing "Newton" which later became Wilmington. Burrington had returned to North Carolina after the royal buyout in 1729 to defy the "Family" plans that created Brunswick Town, the town he once helped to start.

The "blank patent" controversy that began in 1726 and lasted until Burrington's return made the "Family" extraordinarily powerful and threatened royal control of the colony. As the Duke of Newcastle saw it, Brunswick Town had to go! And, it did just that...

Brunswick remains barren as does the rest of Brunswick County. It's hard to believe that Wilmington is only a few miles to the north on the opposite banks of the Cape Fear River. The story of how this took place, the social abandonment of Brunswick Town is the subject of my current work. Look again at the last picture of the river and try to imagine busy loading docks here...

Edward Moseley's Land Embezzlement

Photo caption: Roger Moore's 1726 land grant of 5,500 acres was not only a tremendous violation of the Lords Proprietor's rules for land grants in the Cape Fear Region. It also represents Moseley's illegal surveying techniques. Compare the survey to a modern map on the left to the "best fit" on the Moseley 1733 map at right. Obviously simplified, the grant certainly fits the 1733 map rather than the actual layout, indicating that Moseley never surveyed this property in detail... probably never stepped out of his office.

Edward Moseley, brother-in-law and friend of Maurice Moore, founder of Brunswick Town, was accused of illegal activities as Surveyor-General of North Carolina. I believe he was guilty as sin! Here are some of the complaints and accusations from various primary sources. Keep in mind that these complaints were each made by people who had a vested interest in North Carolina affairs. Consequently, determining actual responsibility is problematic, at best.

Many accusations were uncovered involving this "blank patent" scheme in North Carolina. Moseley seems to be the focus of nearly all of these accusations. Also, as Surveyor-General, he had every opportunity and cannot realistically deny his involvement. The Duke of Newcastle realized this every time Moseley spoke of his upcoming map. He arrogantly presumed that the power of his family was too great to be denied or opposed. Newcastle politically attacked the "Family" in Brunswick Town and proved Moseley's arrogance a false illusion. We got Wilmington as a result.

How many people know of Brunswick Town today? Where was it? Have you seen Brunswick County, named because of the former town? How does it compare to New Hanover County?

Did you know that a new "International Port" is planned to be built in Brunswick County very near to the location of Brunswick Town? The International Port promises to outstrip Wilmington as a port. The ghosts of Brunswick Town could return to the Cape Fear River...

Accusations against Edward Moseley as Surveyor-General:

“… practices by Mr Moseley and his Deputies in returning to the Secretaries office Immaginary Surveys by which his relations hold great quantities of land more than are specified in their patents…” (verified by studies of the surveys)

“[Mr. Lovick] advised Sir Richard to grant no more Patents but by the Artifice and management of Mr Moseley then Surveyor Sir Richard did continue to issue Patents on which the Said Moseley and his Kindred were the most considerable gainers…” (backed up by Lovick)

“Moseley and his Relations have in four or five years time strangely enriched themselves.” (verifiable)

“a few days after I [Burrington] came into this Province I heard Mr Lovick and Mr Moseley offer to sell some lands to Smith then Chief Justice and Mr Halton one of the Council they offered me some also which I then declined , sometime after I was told the Indians took up oar upon those Lands of which they made Bullets with, upon this Intelligence I bought the lands and gave more for them than they are judged to be worth, if I cannot find the oar I have made a very bad bargain.” (unverifiable claim)

“Moseley Speaker of the last Assembly and one James Castellaw a very factious Assembly man, came to me the third day after the Assembly met, and desired me or rather required me, to Promise to give my Assent, to an Act of Assembly to confirm the pretended Laws made here in 1729 after the King's Purchase; this I absolutely refused, there being many things in them Acts contrary to His Majesties Service, and such as I am forbid by my Instructions to pass; I was also Publickly and Privately sollicited to use my Interest and Endeavours that possession of the Lands, sold & granted by Sir Richard Everard and the late Council, should be confirmed to the Purchases, this I denied…” (unverifiable but plausible)

“Edward Moseley, Surveyor General of the late Lords Proprietors, and his Deputys, more especially Mr. John Ashe etc. had been guilty of many vile frauds, and abuses in surveying ; one of their practices was, to survey without warrants for gratifications…” (unverified)

“Moseley when Surveyor did make surveys in his own house, and plotted out land upon paper, with bounds by waters, trees and other signs, and tokens, that he never saw, nor knew anything off, includeing much more then in the returns sett forth, for which patents went out in course.” (verified by study of Roger Moore grant of October 28, 1726 for 5,500 acres)

“Mr. Lovick, and his two confederates Moseley and Wm. Little, ye Receiver General, to sign many pattents wherein ye number of acres are left blank…” (verified no date or acreage on Maurice Moore’s #167 misplaced in Book 8)

“Moseley in confederacy with some of the Council endavoured to stir up divisions in the Assembly and to prevent it from doing business, hoping thereby to put off any enquiries into the frauds he had been guilty of while Surveyor General etc.” (opinion of Burrington, as witnessed by the Board of Trade)

“There have been for several years past very corrupt doings in the Secretary's office concerning the lands, transacted by Lovick and Edwd. Moseley, Surveyor Genl." (Richard Everard’s accusations – hearsay)
Roger Moore's 1726 land grant of 5,500 acres was not only a tremendous violation of the Lords Proprietor's rules for land grants in the Cape Fear Region. It also represents Moseley's illegal surveying techniques. Compare the survey to a modern map on the left to the "best fit" on the Moseley 1733 map at right. Obviously simplified, the grant certainly fits the 1733 map rather than the actual layout, indicating that Moseley never surveyed this property in detail... probably never stepped out of his office.