Middletown transcript., 1894-02-24

few stones found near the DanK OF tne
Delaware were declared by George
Thompson to belong to the foundation
Of Lamplugh's house. Thompson re-
membered being in the house when a
boy sixty years ago, at which time it
was used as tavern. The tenant was
a man who was always getting into
trouble, declaring now that be was a
citizen of Delaware and again of Penn
sylvania, according to the officers who
sought to serve process upon him.
Another mark set in 1701 was found
at the southeast corner OF Kenneth
Square township. This was a hickory
stump in good condition. The tree it.
self only fell a few years ago. The
discovery of these marks was enough
to make it clear that Taylor and Pierson
(probably through defects in their in
struments) had failed to describe a
''twclve mile circle" from New Castle.
If the present Boundary Commission
had done this, the result would have
been to give over five thousand acres of
Delaware soil to Pennsylvania. What
they really laid out was an arc apprOxi-
mately belonging to a twelve and a
half.mile circle.
Mason and Dixon in 1866 and Dol
enel Graham in 1850 had indicated the
point at which the western portion Of
the Southern boundary of Pennsyl-
vania extended exclusively $50 as to
cut off from the State entirely the tri.
angle referred toy would strike the arc
of the "12 mile circle" This point
they ascertained was exactly 12 miles
from New Castle Court House. Ac-
cordingly it was resolved at a general
meeting of. the Commission to make
this spot the initial point of the new
boundry line. Having taken this &C
tion, it was found that the only prac
ti-able way to complete the curve and
unite at the same time the Unidentified
marks of the old boundary was to use
two arcs, the eastermost having rad
ius of about 13k miles, and its centre
nearly half mile south of NV Castle
Court House, and the other, the West
ernmost, having a radius of approx
mately III miles and its centre about
half mile north of the Court House. So
the present circle was established. The
The Commission also resolved that the
extension easterly to the 12-mile point
of the southern line should be marked as
the southern boundary of Pennsylvania
at that point. The triangle theref re
goes to the State of Delaware without
any formal conveyance, the members
of the Commission having no authority
to execute such transaction.
On this triangle which thus changes
hands are the houses of j. M. Nc
Keown, S. Wilson, Thomas Gibson, J.
Jones and W. Smith. Although tech
nically within the limits If Pennsyl-
vana. these farmers have always ac-
knowledged the jurisdiction of Della
ware, and have been taxed accordingly.
Mr.. Smith has been member of the
Delaware Legislature, being then
known jocosely as "the member from
Pennsylvania" The eastern arc of
the circular boundary as now drawn
departs Scarcely at all from the tradi-
tional boundary. Near the Delaware
River it is 200 feet north of the latter.
Further inland it is 270 feet north.
Then farthe westward the distance be-
tween the new line and the old becomes
respectively I40 feet, As feet and 100.
this difference is sufficient to transfer
on to Delaware soil thee houses form
erly believed to be in Pennsylvania terri
tory, viz: those of Thomas Dilworth,
B. Carpenter and Owen Zebley.
The western portion of the curve
runs widely off from the traditional
direction of the circle of 17O1. Indeed
the marks of the latter (which have
now entirely disappeared) must have
carried it at its extreme westward end
close to the northeast corner of Mary
land. Eight dwellings near this part
of the curve, by tradition supposed to
be in Delaware, are transferred to
Pennsylvania. Here, between the sup
posed old line and the new one, there
are nearly thousand acres of land.
Among the residents here are John T.
Johnson, Thomas Seal, Lewis Fell,
Ellis Crossan Mrs. MaryJ. Chambers.
1t is Mr.. johnson who has declared his
determination to pay no taxes in Ches-
ter County. His barn is situated in
Mill Creek hundred, Delaware. Mr.:
Seal is now complaining that an at
tempt is being made to tax his cattle,
which Craze here and there, in both
States.
The completed boundary has been
marked by heavy stone posts, half a
mile apart, standing from two TO five
feet out of the ground. That at the
initial point of the new line is Brandy
wine granite from Delaware; all the
rest ale from PENNSYLVANIA quarries.
In view of the facts, several interesting
questions suggest themselves.
Can Chester County, Pennsylvania,
recover from New Castle County.
Delaware, the taxes illegally collect ed
heretofore from the residents in the
triangle?
Can the citizens of a State be dis.
franehised by the laying out of bound.
ary line distinct from both that origin
ally agreed to be described that origially