- Treaty of Beaufort
The Treaty of Beaufort, also called the Beaufort Convention, is the
treaty that originally set the all-river boundary between theU.S. state s of Georgia andSouth Carolina . It was named forBeaufort, South Carolina , where it was signed in1787 .It set the boundary to be the
thalweg (centerline) of theSavannah River , extending north into theTugalo River (now spelled Tugaloo), and up to theheadwater of its primarytributary . 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 withNorth Carolina (nominal lylatitude 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 theMississippi 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 wasCherokee territory and not considered part of either state. TheTreaty 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.Legal interpretation
There have been two cases before the
U.S. Supreme Court regarding theinterpretation of this treaty. (The court hasoriginal jurisdiction in such cases.)The first "
Georgia v. South Carolina " case in1922 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 aperpendicular direction (puttingRabun County, Georgia on the north side andOconee 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 Carolinapeninsula due todredging . Although South Carolina was inadverse possession of the land, Georgia lost this case due toacquiescence , rather than as a matter of the treaty's wording.An
1876 case, "South Carolina v. Georgia ", was about dredging fornavigation around an island in the river at theport city of Savannah, and not about the boundary location. Georgia won this case, allowing it to widen theshipping 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 of1789 made interstate treaties unconstitutional, is now that of aninterstate compact . Just as such compacts must be ratified by theU.S. Congress , this treaty was ratified by theContinental Congress , and is still considered to be legally binding.ee also
*
List of treaties
Wikimedia Foundation. 2010.