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the northwest corner of New Jersey down to the falls of Trenton. Their report was ratified, and a long list of islands, described by name in the act, were annexed to each State respectively. (Vide Revision of New Jersey, pp. 1182-'3.)
The Swedish West India Company, chartered by the King of Sweden in 1625, established the first permanent settlement on the west bank of the Delaware, occupying a part of the territory now in Pennsylvania and Delaware, although the Dutch had previously established trading posts, which had been destroyed by the Indians. The Swedes acquired, by successive purchases from the Indian chiefs, all the land extending from Cape Henlopen to the great falls of the Delaware, calling it New Sweden. (Vide C. and C., p. 1509.)
In 1655 this territory was surrendered to the Dutch. (Vide Hazard's Annals of Pennsylvania, p. 185.)
By the conquest of the New Netherlands, in 1664, the Duke of York seems to have successfully claimed the settlements on the west bank of the Delaware as part of his dominions.
In 1681 Charles II of England granted to William Penn the Province of Pennsylvania. The following extract from the charter defines the boundaries:
* * * all that Tracte or Parte of Land in America, with all the Islands therein conteyned, as the same is bounded on the East by Delaware River, from twelve miles distance Northwards of New Castle Towne unto the three and fortieth degree of Northerne Latitude, if the said River doeth extende so farre northwards; But if the said River shall not extend soe farre Northward, then by the said River soe farr as it doth extend; and from the head of the said River the Eastern Bounds are to bee determined by a Meridian Line, to bee drawne from the head of the said River, unto the said three and fortieth degree. The said Lands to extend westwards five degrees in longitude, to bee computed from the said Easterne Bounds; and the said Lands to bee bounded on the North by the beginning of the three and fortieth degree of Northern Latitude, and on the South by a Circle drawne at twelve miles distance from New Castle Northward and Westward unto the beginning of the fortieth degree of Northern Latitude, and thence by a streight Line Westward to the Limit of Longitude above mentioned.
William Penn, in order to perfect his title, procured of the Duke of York a deed bearing date August 21, 1682, by which the Duke of York conveyed to him all title and claim which he might have to the province of Pennsylvania. (Vide Hazard's Annals of Pa., 586 et seq.)
He also purchased of the Duke of York the territory now comprising the State of Delaware, which he held until 1701-'2, when he granted a charter which enabled them to set up a separate government, though still under proprietary control. (Vide C. and C., p. 270 et seq.)
(For a history of the northern and eastern boundaries of Pennsylvania, see New York and New Jersey, pp. 81 and 84.)
That part of the southern boundary of Pennsylvania between Pennsylvania and Delaware is an arc of a circle, having for its center the steeple of the old court-house at New Castle, Del., and a radius of 12 miles. This was surveyed and marked under a warrant from William Penn in 1701. (Vide Hazard's Annals of Pennsylvania.)
This circular line, in connection with adjacent lines, was made the subject of controversy for many years.
According to the original grants of Pennsylvania and Maryland the boundary between them was to be the fortieth degree of north latitude.
This line being found to pass north of Philadelphia and to exclude Pennsylvania from Delaware Bay, negotiations ensued between the proprietors to rectify this geographical blunder, and for nearly a century the matter remained unsettled.
In the year 1732 an agreement was made to fix the boundary. Commissioners were appointed in that year, and subsequently in 1739, to run the line, but they failed to agree, and chancery suits were the result. Taking a decision of Lord Chancellor Hardwick in 1750 as a basis of final adjudication, an agreement was signed July 4, 1760. By this agreement the line between Pennsylvania and Delaware on the one part and Maryland on the other was determined as follows, viz:
A due east and west line should be run across the peninsula from Cape Henlopen to the Chesapeake Bay. From the exact middle of this line should be drawn a line tangent to the western periphery of a circle, having a radius of 12 English statute miles, measured horizontally from the center of the town of New Castle. From the tangent point a line should be drawn due north until it cut a parallel of latitude 15 miles due south of the most southern part of the city of Philadelphia, this point of intersection to be the northeast corner of Maryland; thence the line should run due west on said parallel as far as it formed a boundary between the two governments. (Vide Delaware, p. 87.)
In 1760 commissioners and surveyors were appointed, who spent three years in measuring the base line and the tangent line between Maryland and Delaware.
The proprietors then, wearied with the delay, sent over from England two famous mathematicians, Charles Dixon and Jeremiah Mason, who verified the work of their predecessors, and ran the line west between Pennsylvania and Maryland, since known as "Mason's and Dixon's line."
Mason and Dixon fixed the latitude of this line at 39° 43′ 18′′. A resurvey in 1850 by Colonel Graham determined it to be 39° 43′ 26′′.3. Mason and Dixon begun their work in 1763, and were stopped by Indians in 1767, having run the line about 244 miles west of the Delaware, not quite finishing their work. They put up mile stones all
along said line, every fifth one being marked with the arms of the respective proprietors.
In consequence of the accidental removal of the stone at the northeast corner of Maryland, commissioners were apointed in 1850 by Pennsylvania, Delaware, and Maryland to revise the former survey, which was done by Lieutenant-Colonel Graham, of the United States topographical engineers. The result confirmed the work of Mason and Dixon, and Maryland gained by the resurvey a little less than two
(For a full report of the running of Mason and Dixon's line in 1763-'67, and the verification by Colonel Graham in 1850, see Senate Journal of Delaware for 1851, pages 56-109.)
In 1784 the report of the commissioners who had been appointed to fix the boundaries between Virginia and Pennsylvania (West Virginia then forming part of Virginia) was confirmed, and the lines so fixed are as follows, viz:
The line commonly called Mason and Dixon's line to be extended due west five degrees of longitude from the river Delaware, for the southern boundary of Pennsylvania, and a meridian drawn from the western extremity thereof to the northern limits of the said States, respectively, be the western boundary of Pennsylvania. (Vide C. and B. laws of Pennsylvania, Vol. II, p. 495, and Hening's Virginia, Vol. XI, p. 554.)
By the cession of 1784, by Virginia to the United States-and that of 1800, by Connecticut to the United States, and the formation of the State of West Virginia from a portion of Virginia in 1862-the abovementioned meridian line becomes the boundary between Pennsylvania on the east, and Ohio and West Virginia on the west.
By an examination of the cession of 1781, by New York to the United States, it will be seen that a small triangular tract on Lake Erie was left in the hands of the General Government. This was sold to Pennsylvania in 1792.
The State of Delaware was originally settled by the Swedes. (Vide Pennsylvania, p. 85.) In 1655 it was surrendered to the Dutch, who, in 1664, in turn surrendered it to the English, and it was taken possession of by the Duke of York.
William Penn, having received in 1682 a grant of the province of Pennsylvania, bought of the Duke of York the territory comprising the present State of Delaware. It was conveyed to him by two deeds of feoffment, dated August 24, 1682, one conveying the town of New Castle and a twelve-mile circle around the same, and the other conveying all the lands south of said circle to Cape Henlopen. (See Hazard's Annals of Pennsylvania, p. 588 et seq.)
Soon after the grant made by the royal charter aforesaid, an assembly of the province and three lower counties (then called the terri
tories) was called by the proprietary and governor aforesaid, which met at Chester on the seventh day of December, 1682, when the following laws, among others, were passed, to wit:
* * * Since * * *
* * *
* to grant
* it has pleased King Charles the Second William Penn., esq., * * * this Province of Pennsylvania * * * James Duke of York and Albany * * * to release his right and claim * * * * * and * * * to the Province of Pennsylvania * to grant unto the said William Penn * * * all that tract of land from twelve miles northward of New Castle, on the river Delaware, down to the South Cape (commonly called Cape Henlopen, and by the Proprietary and Governor now called Cape Jomus) lying on the west side of the said river and bay, * * * lately cast into three counties, called * Be it enacted New Castle, Jones, and Whorekills (alias New Dale. that the counties of New Castle, Jones, and Whorekills alias New Dale are annexed to the Province of Pennsylvania. *** (Dallas' Laws of Pennsylvania, 1797, Vol. I, Appendix, p. 24 et seq.)
* * * *
In 1701 William Penn granted a charter, under which the province of Pennsylvania and the territories (as Delaware was then called) were made separate governments, though both were still under the proprietary government of William Penn. (C. & C., p. 270.)
By the Revolution the "territories" became the State of Delaware, with substantially her present boundaries.
(For a history of the boundaries between Delaware and Pennsylvania, vide Pennsylvania, p. 85, and between Delaware and New Jersey, vide New Jersey, p. 83 et seq.)
From 1732 to 1769 there was a controversy between the proprietors of Pennsylvania and Maryland in regard to boundaries (vide p. 86). The boundaries of Delaware on the north and west-Delaware then being under the jurisdiction of Pennsylvania-were determined as follows, viz:
Beginning at Cape Henlopen and running due west 34 miles 309 perches; thence in a straight line 81 miles 78 chains and 30 links up the peninsula until it touches and makes a tangent to the western periphery of a circle, drawn at the horiztonal distance of twelve English statute miles from the center of the town of New Castle.
From this tangent point a line was run due north till it cut a parallel of latitude 15 miles due south of the most southern part of the city of Philadelphia. This point of intersection is the northeast corner of Maryland. The tangent line bearing a little west of north, the due north line from the tangent point cuts off an arc of the 12-mile circle. The boundary line follows the arc of the circle from the tangent point around to the point where the due north line intersects the 12-mile circle, then follows said due north line to said northeast corner of Maryland. The length of said due north line is 5 miles 1 chain and 50 links, as given by Mason and Dixon. (Vide Jour. Del. Sen., 1851, p. 56 et seq.)
By the agreement of 1760, based on the decree of Chancellor Hard
wick, a due east and west line should be run across the peninsula from Cape Henlopen to Chesapeake Bay, etc. The decree of Lord Hardwick says, touching the position of Cape Henlopen, "that Cape Henlopen ought to be deemed and taken to be situated at the place where the same is laid down and described in the map or plan annexed to the said articles to be situated, and therefore his lordship doth further order and decree that the said articles be carried into execution accordingly," etc.
In Hazard's Annals of Pennsylvania, p. 5, is found the following, viz: "The cape now called Henlopen was then called Cornelis."
William Penn directed that Cape Henlopen be called Cape James. (Vide Hazard's Pennsylvania, p. 606; also vide act of union of the territories to Pennsylvania.)
The foregoing statements explain the seeming incongruity between the base line across the peninsula and the position of Cape Henlopen as laid down on all modern maps.
The territory comprising the present area of Maryland was included in the previous charters of Virginia, notwithstanding which, in the year 1632, Lord Baltimore received a royal grant of the province of Maryland, whose boundaries are defined in the following extract:
All that part of the Peninsula or Chersonese, lying in parts of America, between the ocean on the east and the Bay of Chesapeake on the west; divided from the residue thereof by a right line drawn from the promontory or headland called Watkins Point, situate upon the bay aforesaid, near the River Wighco on the west unto the main ocean on the east, and between that boundary on the south unto that part of the Bay of Delaware on the north, which lieth under the fortieth degree of north latitude from the equinoctial, where New England is terminated; and all the tract of that land within the metes underwritten (that is to say), passing from the said bay, called Delaware Bay, in a right line, by the degree aforesaid, unto the true meridian of the first fountain of the River Pattowmack; thence verging towards the south unto the farther bank of the said river, and following the same on the west and south unto a certain place called Cinquack, situate near the mouth of said river, where it disembogues into the aforesaid Bay of Chesapeake, and thence by the shortest line unto the aforesaid promontory or place called Watkins Point, so that the whole tract of land divided by the line aforesaid, between the main ocean and Watkins Point unto the promontory called Cape Charles, may entirely remain forever excepted to us
* * * * * *
By an examination of the limits laid down in this charter, and a comparison with the several charters of Virginia and the charter and deeds to William Penn, it will be seen that there was a conflict of boundaries on both sides of the Maryland grant.
The history of the long controversy with Pennsylvania has already been given (vide Pennsylvania, p. 85, and Delaware, p. 87). Virginia on the south claimed the territory under her charters, and for a time. seemed disposed to assert her claim, notwithstanding we find in 1638 a