Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1868-07-02
proceed further in establishing the line, and
reported the alarming discovery to Penn,

reported the alarming discovery to Penn,
who was still in England. :,
Penn had believed that his Province would
take in the head waters OF the Chesapeake,
and be far enough down on the Delaware
not to be locked up in the ice, whereas 1t
appeared as If he would lose a most vaua-
bic part of what he had claimed as his terri
tory. On receiving information of the true
state of the case, he solicited the Duke oi
York to convey to him the Delaware colony,
which the King had granted to tho Duke, as
has been already mentioned.
The Duke yielded to his request, and in
August 1852, by two deeds, conveyed to him
all his title to the town of New Castle, with
the territory twelve miles around it, and the
lands extending southwark from it to Cape
Mcnlopen, being the territory now constitu-
ting tine State Of Delaware. This discovery
of the true latitude at Upland, made this
grant of very great importance to Penn, and
with the title It conferred, such as 1t was, he
came to America in October. 1852.
Two conferences were held by Penn and
Lord Baltimore on the subject of adjusting
their boundaries, but without etfccting
settlement of their difficulties.
The King was next appealed to, who re-
ferred the matter to the Lords Committee OF
Plantations. Both parties appeared before
this committee, and made their respective
claims. Lord Baltimore relied on his cri-
ginal grant which extended to the Delaware
and Penn on the fact that such grant ex-
pressly reserved settled and cultivated lands,
and therefore did not include the land claimed
by him. Tue point affirmed on the one
hand, and denied on the other, was whether
| the lands conveyed to Penn by the Duke OF
York, were settled at the time of the grant
| to Baltimore The Committee, following
| In arI,itrafinpc qnlit
| the difference, and ddirectedthe peninsula anorth
| of line west from Cape Henlopen, to be
divided between the parties The King con-
| firmed this report, and ordered the Peninsula
to be thus divided into two equal parts 3
| that the eastern half-now the State OF Della
ware-should be PENIS, and that the wes-
| tern half should remain to Lord Baltimore.
| This decision, however, did not settle the
question of the east and west boundary, but
left them to ascertain that as best they could
Penn obtained an order from the king for
the enforcement of this decision, but moth
ing was done under it, and in 17lS he died.
The uncertainty as to the true Location OF
the boundary between the two provinces
occasioned constant feuds, which at times
reached an alarming height. The officers OF
Cecil county insisted upon collecting taxes
in Nottingham and other border townships
in Pennsylvania, claiming that they were
within the limits of Maryland, and they even
went so far as to make prisoners OF Isaac
Taylor and Elisha Gatchell, for surveying
land in that vicinity. These were both
magistrates of Chester county, the former
beng also representative In the assembly.
: There was much violence used by persons
residing in Maryland towards those residing
near the supposed line, but claiming to be-
long to Pennsylvania. The disagreements
1 Ix,.t.w 4t,a Ia. x,f flo
, length reached such pitch, caused by ar
rests and other indignities offered on either
side, that from simple breaches of the peace
: open hostilities seemed to be on the eve Of
!, breaking out. This state of affairs made il
necessary for the Proprietaries to address
themselves in earnest to the settlement o.
/ their differences; and accordingly in tht
year 1882, the sons of William Penn, thel
} the Proprietaries of Pennsylvania, and Chas
: Lord Baltimore, great grandson and heir
. the original patentee of Maryland, entered
7 into an agreement by which they provided
for the final adjustment Of all their disputed
t boundaries.
: They mutually agreed that semi-circl
d should be drawn at twelve English statut
k miles around New Castle, agreeably to tn
! decd of the Duke of York to William Penn
J, in 1852; that an east and west line shoul,
q be drawn, beginning at what was then cal
: led Cape Henlopcn, (below the present cap
c of that name) and running westward, ant
= find on this line the exact middle OF the pc
0 ninsula between the bays of Delaware AM
b Chesapeake-that from this middle point,
: line should be run northward, so as to Torn
: a tangent to the periphery of the circle al
0 ready mentioned, whether such line Should
@ run due north course or not, that from tn
: point where such northerly line should toucl
the circle, it should be run due north unit
i it reached point fifteen miles south OF tn
Il latitude of the most southern part OF th
c city of Philadelphia, and from that pom
II should be run due west, as needed to I'll
C western limits of Pennsylvania, and that til
'f lines should be designated by stone pillars
i; bearing the arms of the parties, and facin
IS their respective possessions. 1t was furtht
&c agreed that if the due north line from tn
y tangent point should cut segment OF tn
Ii circle, the segment should be part OF Me-
: Castle county.
d This agreement, apparently so free froi
a ambiguity, became the subject of protracte
lie litigation. One matter of dispute was, whs
er point in New Castle should be the centre {
Is the circle,-another, whether the twclN
r, miles was to be aradius or perlphery,-al
t, other, what was the true Cape 1lenlopen,
another, whether the measurements shou
@, be on the surface of the ground or horizol
III tally,-and another, what point on the Che
I'd apeake was the proper western terminus
e. the line across the peninsula.
ne While the controversy was pending, u
nc border feuds continued, and so violent hi
ne they become. that the King and Council hi
lie to Interfere, and in l73S, the parties litiga
" agreed that until the cause was decided,
lie temporary line should be established, ,whic
rs east of the susquehanna, should be fittet
by miles and a quarter south of the latitude
h. the most southern part of Philadelphia, al
's- west of the Susquehanna, fourteen mil
in and three quarters south of the same la
it. tude. The King ordered the tempora
OF lines thus agreed on, to be run and mnrke
ry and for this purpose commissioners we
re appointed on behalf of the respecti
nd provinces. They ran line from the me
as southern part of Philadelphia, west abe
no thirty one miles, passing short distan
th south of where West Chester now stant
mt and ending agrecably to their minutes,
OF s'an old field belonging to John Newl
ST. within the Society lands, on or near
lite northern line." The lands here referred
as the society lands, was the tract which h
les belonged to the Free Society of Trade
icy now constituting Newlin township. I
The tract was for long time called in comm
os- parlance, "The Society Lands" From I
rce point (Which was run thus far west to av,
re- the large streams) the line was TO be I
led south, fifteen miles and quarter. Dispu
led here arose. One was whether the measu
by ment should be made upon the surface
lch the earth, without any allowance for
his altitude of hills, and another, whether
the should be made with the chain then in L
hat which was little longer than the ex
're- measure, or whether it should be reduced
'est the correct length. These points were
justed-the line run southwark the requ:
ing distance, and from its terminus, the tenn
lar, rarv line westward TO range of hills ca
OF the Kittocktinny, which now form the W
ory ern boundary of Franklin county, and wi
ten, was deemed far enough west to settle
Jurisdiction of the provinces. The cs
lted lishmcnt of this temporary line gave pt
syl- to the border.
the The alterations of the parties with
gree gard to the proper construction of
oy a agreement and the mode of carrying it
rom still continued, the points of dispute b.
into decided by the Courts from time to tim
OF arose, until, in 1860, weary of the protr
light ed litigation, they entered into new ag
3. ment, which finally ended the controvc
lam, 1t was a substantial confirmation of the
jovr mer agreement under the construction W