Florida v. Georgia (1855)
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OR:

''Florida v. Georgia'', 58 U.S. (17 How.) 478 (1854), was a
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case invoking the Court's original jurisdiction to determine boundary disputes between states. In this case the boundary dispute was between the
State of Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
and the State of Georgia.


Background

Florida claimed that the state line was a straight line (called McNeil's line, for the man who surveyed it for the U.S. government in 1825) from the confluence of Georgia's Chattahoochee and
Flint Flint, occasionally flintstone, is a sedimentary cryptocrystalline form of the mineral quartz, categorized as the variety of chert that occurs in chalk or marly limestone. Flint was widely used historically to make stone tools and sta ...
river A river is a natural flowing watercourse, usually freshwater, flowing towards an ocean, sea, lake or another river. In some cases, a river flows into the ground and becomes dry at the end of its course without reaching another body of w ...
s (forming the Apalachicola River, at a point now under
Lake Seminole Lake Seminole is a reservoir located in the southwest corner of Georgia along its border with Florida, maintained by the U.S. Army Corps of Engineers. The Chattahoochee and Flint rivers join in the lake, before flowing from the Jim Woodruff Lock ...
), then very slightly south of due east to the source of the St. Mary's River, which was the point specified in
Pinckney's Treaty Pinckney's Treaty, also known as the Treaty of San Lorenzo or the Treaty of Madrid, was signed on October 27, 1795 by the United States and Spain. It defined the border between the United States and Spanish Florida, and guaranteed the United S ...
in 1795. That eastern point of the straight line was near Ellicott mound, which was erected in 1799 at "about 30° 34' N." The McNeil line was looked upon for more than 20 years as the proper location of the boundary. Georgia claimed that the headwaters of the St. Mary's River were at the source of the southern branch, some 30 miles or nearly 50 kilometers south, at Lake Spalding or Lake Randolph. If upheld, Georgia would have obtained additional territory estimated at 800 to 2,355 square miles. The position of the U.S. commissioners was that the actual source of the St. Mary's was two miles north of the Ellicott mound. Other Supreme Court cases involving Georgia boundary disputes include: '' State of Alabama v. State of Georgia'', 64 U.S. 505 (1860), and two '' Georgia v. South Carolina'' cases in 1922 and 1990.


Opinion of the Court

Chief Justice Taney delivered the opinion of the Court, ruling in favor of Florida and setting the state boundary line along "McNeil's line." This outcome was followed in 1859 by the surveying of the Orr and Whitner line. On April 9, 1872, Congress approved the Orr and Whitner Line as part of the border between Georgia and Florida.


Dissent

Justice Curtis, joined by Justices McLean, Daniel and Campbell, delivered the dissenting opinion, asserting that the United States was effectively made a party through the Attorney General, and such intervention by the United States government was an impermissible intervention in matters of the individual states.


See also

* '' New Hampshire v. Maine'' * '' State of New Mexico v. State of Texas''


References


External links

* * 1854 in United States case law United States Constitution Article One case law United States Supreme Court cases United States Supreme Court original jurisdiction cases Internal territorial disputes of the United States Legal history of Florida Legal history of Georgia (U.S. state) 1854 in Florida 1854 in Georgia (U.S. state) United States Supreme Court cases of the Taney Court {{SCOTUS-stub