Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1889-06-27
A REMARKABLE BOUNDARY
LINE,

The following interesting article
in relation to the nor.hefn bounda-
r of Delaware was written years
. by friend Of Mr.. L. ID. Flick
N, and that gentleman hands it
to us for publication:
The curved line around the
north end Of the state Of Delaware
Is perhaps the most remarkable
boundary line on the globe. II
had its origin in the grant Of the
territory, the greater part Of (which
is now embraced within the bounds
of Delaware. The reasons for de-
fining the limits ofthe grant by cir
Gle do not appearin the printed copy
OF the grant nor does il bear an ex-
act date, but it was evidently made
in the latter part of the reign Of
King Charles III, who conferred it
on his brother, the Duke of York.
The following is the language of
that part of tho grant relating to
the circle:
"The XII g doth give and grant
to the James, Duke of York, his
heirs and assigns, the town New
castle, alias Delaware, and fort
thereunto belonging, situated be-
tween Maryland and New Jersey;
and all that tract OF land within
the circle OF twelve miles about the
said town, situated upon the river
Delaware; and all islands in said
river"
This is the full description OF
the grant within the circle. 9th
er territory is granted and the con-
ditions of holding is set forth in
the same paper.
This grant was held by the Duke
of York but for a short time.
Charles III having granted Penn
sylvania TO William Penn on the
4th of March 1850, the latter be-
came desirous to secure n position
ON deep water lower down on the
Delaware river. He obtained this
by purchase from the Duke of
York, who on the oath OF August,
1852, made him a deed Of territory
which included the circle.
As the territory lying west OF
the Delaware river, conveyed TO
Penn by the Duke of York. was
within the chartered limits Of Ma
rylan~, a dispute Immediately
arose between Penn and Lord Bal
t:more in reference TO their ter
ritorial right. Charles III re-
ferred the question to the
Lords of the mmitte c e
of trade and plantations in 1888,
but this report was not made until
after the death of Charles and the
ascension. of James ii in 1885.
This report did not have the effect
of settling the dispute and the con-
troyersy fingered until after the
death Of William Penn in l7lS
when ii was revived by his sons
and devisees. In 1872 they OBJ
tained a written agreement from
Lord Baltimore whereby he con-
ceded the Delaware territory to
the Penns and they subsequently,
brought suit against him in the
English court of Chancery for the
specific performance of this agree
ment. This suit was decided by
Lord Chancellor Hardwicke in his
decree of May 10, 1850.
Every important question raised
in this cause was decided in favor
of the Penns. One of the issues
was whether the circle about New
castle should be of a radius Of
twelve miles or only periphery
OF twelve miles. The Lord Chan.
cSllor decreed that il should De a
radius of twelve miles.
In 1850 the parties entered into
another agreement based upon
that Of 1852 and the decree Of 1850.
Under this agreement the lines be.
tween the provinces of Maryland
and Pennsylvania were finally run
and established, and the survey
was completed by Messrs. Mason
and Dixon, the lines as a unit took
the name of "Mason and Dixon's
Line" a segment Of the circle
became part Of this line and is
now a portion Of the boundary be-
tween Maryland and Delaware.
That part Of the circle from the
point OF junction Of Maryland, Del
aware and Pennsylvania 10 the
Delaware river now forms the
boundary between Pennsylvania
and Delaware, but although two
hundred years have elapsed since
the grant Of the territory which it
bounds, a portion Of this part Of
the circle has never been traced
and marked.