Treaty of Beaufort
Encyclopedia
The Treaty of Beaufort, also called the Beaufort Convention, is the treaty
that originally set the all-river
boundary
between the U.S. state
s 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 headwater of its primary tributary
. At that time, the area had not been fully survey
ed, thus the somewhat ambiguous wording. If that headwater point was south of Georgia's border with North Carolina
(nominally latitude
35°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 Cherokee
territory and not considered part of either state. The Treaty of 1816 officially extended the states' frontier northeast up the Chattooga River, where it remains the current boundary.
The other issue addressed was the island
s 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.
of this treaty. (The court has original jurisdiction
in such cases.)
The first Georgia v. South Carolina case in 1922 was 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 perpendicular
direction (putting Rabun County, Georgia
on the north side and Oconee County, South Carolina on the south), Georgia was given the islands as in the lower rivers.
The second case of the same name
was in 1989 and was more complex, regarding a Georgia island that had become a South Carolina peninsula
due to dredging. Although South Carolina was in adverse possession
of the land, Georgia lost this case due to acquiescence
, rather than as a matter of the treaty's wording.
An 1876 case, South Carolina v. Georgia, was about dredging for navigation
around an island in the river at the port
city
of Savannah
, and not about the boundary location. Georgia won this case, allowing it to widen the shipping channel on 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. Constitution of 1789 made 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.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
that originally set the all-river
River
A river is a natural watercourse, usually freshwater, flowing towards an ocean, a lake, a sea, or another river. In a few cases, a river simply flows into the ground or dries up completely before reaching another body of water. Small rivers may also be called by several other names, including...
boundary
Border
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...
between the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
and South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
. It was named for Beaufort, South Carolina
Beaufort, South Carolina
Beaufort is a city in and the county seat of Beaufort County, South Carolina, United States. Chartered in 1711, it is the second-oldest city in South Carolina, behind Charleston. The city's population was 12,361 in the 2010 census. It is located in the Hilton Head Island-Beaufort Micropolitan...
, where it was signed in 1787.
It set the boundary to be the thalweg
Thalweg
Thalweg in geography and fluvial geomorphology signifies the deepest continuous inline within a valley or watercourse system.-Hydrology:In hydrological and fluvial landforms, the thalweg is a line drawn to join the lowest points along the entire length of a stream bed or valley in its downward...
(centerline) of the Savannah River
Savannah River
The Savannah River is a major river in the southeastern United States, forming most of the border between the states of South Carolina and Georgia. Two tributaries of the Savannah, the Tugaloo River and the Chattooga River, form the northernmost part of the border...
, extending north into the Tugalo River (now spelled Tugaloo), and up to the headwater of its primary tributary
Tributary
A tributary or affluent is a stream or river that flows into a main stem river or a lake. A tributary does not flow directly into a sea or ocean...
. At that time, the area had not been fully survey
Surveying
See Also: Public Land Survey SystemSurveying or land surveying is the technique, profession, and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them...
ed, thus the somewhat ambiguous wording. If that headwater point was south of Georgia's border with North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
(nominally latitude
Latitude
In geography, the latitude of a location on the Earth is the angular distance of that location south or north of the Equator. The latitude is an angle, and is usually measured in degrees . The equator has a latitude of 0°, the North pole has a latitude of 90° north , and the South pole has a...
35°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
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
. This claim was shown on some maps of the time, though it never took effect.
As it later was discovered
Discovery (observation)
Discovery is the act of detecting something new, or something "old" that had been unknown. With reference to science and academic disciplines, discovery is the observation of new phenomena, new actions, or new events and providing new reasoning to explain the knowledge gathered through such...
, the primary tributary of the Tugalo is the Chattooga River
Chattooga River
The Chattooga River is the main tributary of the Tugaloo River. Its headwaters are located southwest of Cashiers, North Carolina, and it stretches to where it has its confluence with the Tallulah River within Lake Tugalo, held back by the Tugalo Dam...
, which does originate in North Carolina. In 1787 the area was Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...
territory and not considered part of either state. The Treaty of 1816 officially extended the states' frontier northeast up the Chattooga River, where it remains the current boundary.
The other issue addressed was the island
Island
An island or isle is any piece of sub-continental land that is surrounded by water. Very small islands such as emergent land features on atolls can be called islets, cays or keys. An island in a river or lake may be called an eyot , or holm...
s 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.
Legal interpretation
There have been two cases before the U.S. Supreme Court regarding the interpretationJudicial interpretation
Judicial interpretation is a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation...
of this treaty. (The court has original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in such cases.)
The first Georgia v. South Carolina case in 1922 was 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 perpendicular
Perpendicular
In geometry, two lines or planes are considered perpendicular to each other if they form congruent adjacent angles . The term may be used as a noun or adjective...
direction (putting Rabun County, Georgia
Rabun County, Georgia
Rabun County is a county located in the U.S. state of Georgia. As of the 2000 census, the population was 15,050. The 2007 Census Estimate shows a population of 16,519...
on the north side and Oconee County, South Carolina on the south), Georgia was given the islands as in the lower rivers.
The second case of the same name
Georgia v. South Carolina
Georgia v. South Carolina, is one of a long series of U.S. Supreme Court cases determining the borders of the state of Georgia. In this case, the Court decided the exact border within the Savannah River and whether islands should be a part of Georgia or South Carolina...
was in 1989 and was more complex, regarding a Georgia island that had become a South Carolina peninsula
Peninsula
A peninsula is a piece of land that is bordered by water on three sides but connected to mainland. In many Germanic and Celtic languages and also in Baltic, Slavic and Hungarian, peninsulas are called "half-islands"....
due to dredging. Although South Carolina was in adverse possession
Adverse possession
Adverse possession is a process by which premises can change ownership. It is a common law concept concerning the title to real property . By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true...
of the land, Georgia lost this case due to acquiescence
Acquiescence
Acquiescence is a legal term used to describe an act where a person knowingly stands by without raising any objection to the infringement of their rights, while someone else unknowingly and without malice aforethought makes a claim on their rights...
, rather than as a matter of the treaty's wording.
An 1876 case, South Carolina v. Georgia, was about dredging for navigation
Navigation
Navigation is the process of monitoring and controlling the movement of a craft or vehicle from one place to another. It is also the term of art used for the specialized knowledge used by navigators to perform navigation tasks...
around an island in the river at the port
Port
A port is a location on a coast or shore containing one or more harbors where ships can dock and transfer people or cargo to or from land....
city
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
of Savannah
Savannah, Georgia
Savannah is the largest city and the county seat of Chatham County, in the U.S. state of Georgia. Established in 1733, the city of Savannah was the colonial capital of the Province of Georgia and later the first state capital of Georgia. Today Savannah is an industrial center and an important...
, and not about the boundary location. Georgia won this case, allowing it to widen the shipping channel on 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. Constitution of 1789 made interstate treaties unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
, is now that of an interstate compact
Interstate compact
An interstate compact is an agreement between two or more states of the United States of America. Article I, Section 10 of the United States Constitution provides that "no state shall enter into an agreement or compact with another state" without the consent of Congress...
. Just as such compacts must be ratified
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
by the U.S. Congress, this treaty was ratified by the Continental Congress
Continental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
, and is still considered to be legally binding.