148 U.S. 503 (1893)
Virginia brought an original action in the Supreme Court against Tennessee to establish by judicial decree the true boundary line between the two states.1 Virginia traces its claim to English royal charters granted to the Virginia and Carolina colonies that set the dividing line at the parallel of thirty-six degrees thirty minutes north latitude running due west from the Atlantic coast.2 Virginia asserts that Tennessee, formed from territory formerly part of North Carolina, is bound by the same line.
Tennessee responds that the boundary was settled by commissioners appointed by Virginia in 1800 and by Tennessee in 1801.3 Those commissioners ran a compromise line between the earlier Walker and Henderson lines beginning at White Top Mountain and extending due west to the top of Cumberland Mountain.4 Both states ratified that line through legislation in 1803.5 The 1803 Virginia statute recited the commissioners' report and declared the line they established to be the true, certain, and real boundary, while also protecting land titles and official acts performed between the Walker and Henderson lines.6 Tennessee enacted a parallel statute on November 3, 1803, containing identical recitals and protections.7
The line was marked on trees with five chops in the form of a diamond.8 Each state has exercised jurisdiction, levied taxes, conducted elections, and enforced court process up to the line on its respective side.9 In 1856 Virginia enacted legislation to re-mark the same 1802 line because marks had become indistinct.10 Tennessee appointed commissioners to cooperate, and the joint commissioners re-ran and re-marked the identical line in 1859, planting stone monuments where necessary.11
Virginia now seeks to set aside the 1803 compact as having been made without congressional consent and to obtain a decree fixing the boundary on the thirty-six degrees thirty minutes parallel in accordance with the original charters.12 The controversy had persisted since the colonial period, with failed attempts to run the line in 1711, 1728, and 1779-1780, but the 1802-1803 settlement ended active dispute until the present suit.13
Whether the agreement between Virginia and Tennessee to appoint commissioners to run and mark the boundary line between them required the consent of Congress?14
Article I, Section 10 of the Constitution provides that no State shall, without the consent of Congress, enter into any agreement or compact with another State.15 The prohibition is directed to the formation of any combination tending to the increase of political power in the States which may encroach upon or interfere with the just supremacy of the United States.16 Boundary agreements that merely define existing lines without affecting political influence do not fall within the prohibition, and consent may be implied from subsequent congressional action.17
No. The agreement between Virginia and Tennessee to appoint commissioners to run and mark the boundary line between them did not require the consent of Congress.18 Virginia appointed commissioners in 1800 and Tennessee in 1801 to settle the boundary.19 The commissioners ran a line in 1802 that was a compromise between the Walker and Henderson lines beginning at White Top Mountain and extending due west to Cumberland Mountain.20 Both states ratified the line in 1803 through legislation that declared it the true boundary and protected land titles and official acts performed between the prior lines.21 This boundary agreement did not increase the political power of either state in a manner that encroached on federal authority.22
The consent of Congress is fairly implied from its subsequent legislation assigning territory on either side of the line for judicial, revenue, and election purposes over a long period without question.23 The line was marked with five chops in diamond form on trees and later re-marked with stone monuments in 1859 when Virginia sought only to identify the existing line more clearly.24 Each state exercised jurisdiction, levied taxes, conducted elections, and enforced court process up to the line on its respective side for over eighty-five years.25
The agreement between the states did not require the consent of Congress.26
Whether the boundary line run by the joint commissioners in 1802 and ratified by legislative action of both states in 1803 constitutes the true boundary between Virginia and Tennessee?27
A boundary line between states that has been run out, located, and marked upon the earth, and afterwards recognized and acquiesced in by the parties for a long course of years, is conclusive, even if it varies somewhat from the courses given in the original grant.28 Long acquiescence in the possession of territory and in the exercise of dominion and sovereignty over it is conclusive of the nation's title and rightful authority.29 The compact, once made with consent, is binding and cannot be set aside for errors or misapprehension.30
Yes. The boundary line run by the joint commissioners in 1802 and ratified by legislative action of both states in 1803 constitutes the true boundary between Virginia and Tennessee.31 The commissioners met at White Top Mountain and ran a due west line to the top of Cumberland Mountain, marking it with five chops in the form of a diamond.32 Both states enacted statutes in 1803 ratifying the line as the true, certain, and real boundary and providing protections for land claims derived from either state and for official acts performed in the disputed area.33
For over eighty-five years both states exercised jurisdiction, levied taxes, held elections, and enforced court process up to the line on their respective sides.34 Virginia in 1856 sought only to re-mark the same 1802 line because marks had become indistinct, and the joint commissioners re-ran and re-marked the identical line in 1859, planting stone monuments where necessary.35 This long recognition and acquiescence makes the line conclusive even if it deviates from the chartered parallel.36
The boundary line established in 1803 is the true boundary between the states.37
Whether Virginia may obtain a decree establishing a new boundary line on the parallel of thirty-six degrees thirty minutes north after more than eighty-five years of recognition and use of the 1802 line?38
A compact between states as to boundaries, when made with the consent of Congress, has full validity and binds the citizens of both states.39 Neither party can be absolved from the compact after adherence for years upon showing errors or mistakes in the line.40 Moral considerations arising from attachments to home and family also prevent disturbance of long recognized boundary lines.41 Prescription founded on length of time serves as a valid title between nations to avoid bloody wars.42
No. Virginia may not obtain a decree establishing a new boundary line on the parallel of thirty-six degrees thirty minutes north after more than eighty-five years of recognition and use of the 1802 line.43 Virginia's bill seeks to set aside the 1803 compact as lacking congressional consent and to have the chartered parallel established as the boundary in accordance with the original English charters.44 However, the compact received implied consent from Congress through long acquiescence in the boundary for federal judicial, revenue, and election purposes.45
The line has been treated as the boundary since 1803, with each state exercising full sovereignty up to the line.46 Allowing Virginia to repudiate the compact after such a period would disturb settled expectations, the tranquillity of residents, and the attachments to home and family that have developed over generations.47 The court therefore denies the prayer for a new line on the parallel of thirty-six degrees thirty minutes north.48
Virginia is not entitled to a decree establishing a new boundary line.49