State of Georgia v. State of South Carolina, 16

• Citation: 42 S.Ct. 173,257 U.S. 516,66 L.Ed. 347
• Decision Date: 30 January 1922
• Docket Number: No. 16,16
• Parties: STATE OF GEORGIA v. STATE OF SOUTH CAROLINA. , original
• Court: United States Supreme Court

257 U.S. 516

42 S.Ct. 173

66 L.Ed. 347

STATE OF GEORGIA

v STATE OF SOUTH CAROLINA.

No. 16, original.

Argued Jan. 4 and 5, 1922.

Decided Jan. 30, 1922.

Messrs. Thomas F. Green, of Athens, Ga., George M. Napier, of Atlanta, Ga., Clifford Walker, of Monroe, Ga., and Graham Wright, of Rome, Ga., for complainant.

Messrs. Samuel M. Wolfe, Atty. Gen., and A. M. Lumpkin, of Columbia, S. C., for defendant.

Mr. Justice CLARKE delivered the opinion of the Court.

The parties to this case agree: That the boundary line between the states of Georgia and South Carolina is the river Savannah from the sea to the junction of the Seneca (formerly Keowee) and the Tugaloo (formerly spelled Tugalo) rivers; that it continues thence northwesterly by the Tugaloo river to the junction of the Tallulah and Chattooga rivers, and thence by the Chattooga river to the 35th parallel of north latitude, which is the south boundary of North Carolina. But they differ as to the location of the boundary line in these three rivers, and the state of Georgia, by original bill, prays that the controversy be settled by a decree of this court.

The state of Georgia contends: That where there are no islands in the rivers, the line between the two states is midway between the river banks, when the water is at its ordinary stage; that where there are islands, this line deflects and follows the middle line of the most northerly branch or stream, where it runs between any island and the South Carolina shore; and it claims jurisdiction over all islands in all three boundary rivers.

South Carolina, on the other hand, admits in its answer that where there are no islands the line between the states is the 'middle thread of the stream where the rivers flow in one stream or volume,' but at the bar and in its brief it is argued, strenuously, that the true line is the low-water mark on the southerly or Georgia bank of each river. It also claims that where there are islands the line is at low-water mark on the southerly bank of the most northerly stream or branch of the river, and, while conceding all the islands in the rivers Savannah and Tugaloo to Georgia, it denies the jurisdiction of that state over those in the Chattooga river.

Thus it will be seen that the controversy is limited to the determination: (1) Whether the boundary line shall be located midway between the banks of each river where there are no islands, or at low-water mark on the Georgia shore; (2) whether the location of the boundary line where there are islands in the rivers, is in the middle of the stream running between any island and the South Carolina shore, or at low-water mark on the southern or island shore of such stream; and (3) whether any islands there may be in the Chattooga river are within the territorial jurisdiction of Georgia.

The taxation of dams and hydroelectric plants, already constructed and hereafter to be constructed, in the boundary rivers, renders the decision of the questions involved of importance to the two states.

It is not necessary to recite or discuss the historic origin of the titles which the two contending states have to the territory comprised within their present boundaries, for it is stipulated that the rights of the parties are to be determined by the construction of the terms of a written convention or treaty, entered into on April 28, 1787, by commissioners appointed by the two states. This convention, entered into pursuant to the provisions of the Articles of Confederation of 1778, under which the states were then united for the purposes of government, having been executed at Beaufort, S. C., is designated in the record as the Beaufort Convention.

Only two articles of this convention need be considered, and they are as follows:

'Art. I. The most northern branch or stream of the river Savannah, from the sea or mouth of such stream to the fork or confluence of the rivers now called Tugalo and Keowee; and from thence, the most northern branch or stream of the said river Tugalo, till it intersects the northern boundary line of South Carolina, if the said branch or stream of Tugalo extends so far north, reserving all the islands in the said rivers Savannah and Tugalo to Georgia; but if the head spring or source of any branch or stream of the said river Tugalo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi, to be drawn from the head spring or source of the said branch or stream of Tugalo river, which extends to the highest northern latitude, shall for ever hereafter form the separation limits and boundary between the states of South Carolina and Georgia.

'Art. II. The navigation of the river Savannah at and from the bar and mouth, along the northeast side of Cockspur Island, and up the direct course of the main northern channel along the north side of Hutchinson's Island, opposite the town of Savannah, to the upper end of said island, and from thence up the bed or principal stream of the said river to the confluence of the rivers Tugalo and Keowee, and from the confluence up the channel of the most northern stream of Tugalo river to its source, and back again by the same channel to the Atlantic Ocean—is hereby...