- Treaty of Beaufort
The Treaty of Beaufort, also called the Beaufort Convention, is the
treatythat originally set the all- riverboundary between the U.S. states of Georgia and South Carolina. It was named for Beaufort, South Carolina, where it was signed in 1787.
It set the boundary to be the
thalweg(centerline) of the Savannah River, extending north into the Tugalo River(now spelled Tugaloo), and up to the headwaterof its primary tributary. At that time, the area had not been fully surveyed, thus the somewhat ambiguous wording. If that headwater point was south of Georgia's border with North Carolina( nominally latitude35°N), then South Carolina would claim everything north of a due-west line from that point, and south of 35°N, as far west as the Mississippi River. This claim was shown on some maps of the time, though it never took effect.
As it later was discovered, the primary tributary of the Tugalo is the
Chattooga River, which does originate in North Carolina. In 1787 the area was Cherokeeterritory and not considered part of either state. The Treaty of 1816officially extended the states' frontier northeast up the Chattooga River, where it remains the current boundary.
The other issue addressed was the
islands in the rivers, which the treaty assigned to Georgia, but in the two rivers (Savannah and Tugalo) known to be the border at the time. In these cases, the thalweg is drawn through the center of the more northerly (actually northeasterly) channel, curving gradually around the island. This part of the treaty was the subject of some later border disputes between the two states.
There have been two cases before the
U.S. Supreme Courtregarding the interpretationof this treaty. (The court has original jurisdictionin such cases.)
The first "
Georgia v. South Carolina" case in 1922was regarding the islands in the Tugaloo, which was not explicitly named in the treaty because that was prior to its discovery. Although the treaty prescribes the northerly branch as the boundary, and the Chattooga flows in a perpendiculardirection (putting Rabun County, Georgiaon the north side and Oconee County, South Carolinaon the south), Georgia was given the islands as in the lower rivers.
The second case of the same name was in
1989and was more complex, regarding a Georgia island that had become a South Carolina peninsuladue to dredging. Although South Carolina was in adverse possessionof the land, Georgia lost this case due to acquiescence, rather than as a matter of the treaty's wording.
1876case, " South Carolina v. Georgia", was about dredging for navigationaround an island in the river at the port cityof Savannah, and not about the boundary location. Georgia won this case, allowing it to widen the shipping channelon the Savannah side at the expense of water flow to the South Carolina boundary side.
The legal status of this treaty, given that the later
U.S. Constitutionof 1789made interstate treaties unconstitutional, is now that of an interstate compact. Just as such compacts must be ratified by the U.S. Congress, this treaty was ratified by the Continental Congress, and is still considered to be legally binding.
List of treaties
Wikimedia Foundation. 2010.
Look at other dictionaries:
Beaufort, South Carolina — Infobox Settlement official name = Beaufort, South Carolina settlement type = City nickname = motto = imagesize = image caption = image mapsize = 250px map caption = Location of Beaufort, South Carolina mapsize1 = map caption1 = subdivision type … Wikipedia
Treaty of Tours — The Treaty of Tours was an agreement between Henry VI of England and the French King Charles VII, signed on May 22 1444. The terms stipulated the marriage of Charles VII s fifteen year old niece, Margaret of Anjou, to Henry VI and the agreement… … Wikipedia
Thomas Beaufort, Duke of Exeter — Infobox Person name =Thomas Beaufort image size = caption =Coat of arms of Thomas Beaufort, Duke of Exeter birth date = c 1377 birth place = death date =December 31, 1426 death place = occupation = Lord Chancellor Lord High Admiral Earl of Dorset … Wikipedia
Oconee County, South Carolina — Seal … Wikipedia
Acquiescence — is the term used to describe an act of a person in knowingly standing by without raising any objection to infringement of his rights, when someone else is unknowingly and honestly putting in his resources under the impression that the said rights … Wikipedia
Yazoo lands — The Yazoo lands were the sparsely populated central and western areas of the U.S. state of Georgia, when its western border stretched back to the Mississippi River. It was named for the Yazoo tribe of Native Americans. Several other places and… … Wikipedia
History of Georgia (U.S. state) — The History of Georgia spans Pre Columbian time to the present day.PrehistoryBefore European contact, Native American cultures are divided into four time periods: Paleoindian, Archaic, Woodland and Mississippian. The Mississippian culture,… … Wikipedia
Georgia (U.S. state) — State of Georgia redirects here. For TV series, see State of Georgia (TV series). For the sovereign state, see Georgia (country). State of Georgia … Wikipedia
Adverse possession — Squatter s rights redirects here. For the film, see Squatter s Rights (film). Property law … Wikipedia
Tugaloo River — The Tugaloo River (originally Tugalo River) is a short river bordering the U.S. states of Georgia and South Carolina. It is fed by the Tallulah River and the Chattooga River, which each form an arm of Tugaloo Lake, on the edge of Georgia s… … Wikipedia