The following geographic positions on the Delaware boundary were determined from the survey of 1892:

21

The "tangent point," the southern of the two points where the 12mile circle intersects the Maryland east boundary, latitude 39° 38′ 56.95", longitude 75° 47′ 20.04′′.

The northeast corner of Maryland, a point on the Mason and Dixon line, latitude 39° 43′ 19.91", longitude 75° 47′ 20.03". The southeast corner of Pennsylvania, where the Mason and Dixon line intersects the 12-mile circle, latitude 39° 43' 19.91", longitude 75° 46′ 26.69". These two corners are 0.79 mile apart.

The terminal monument on the Delaware River on the Pennsylvania-Delaware line, latitude 39° 48′ 27.92", longitude 75° 25′

31.53".

By the survey of 1849 the distance between the tangent point and the north end of the curve on the Maryland boundary is 7,743.7 feet, which would make the latitude of the latter point 39° 40′ 13.47". The stone set in 1849 at this point was thus described:

22

At the point of junction of the three States, a triangular prismatic post of cut granite, 18 inches wide on each side, and 7 feet long, was inserted 41⁄2 feet of its length into the ground. It occupies the exact spot on which the old unmarked stone was found. It is marked with the letters M. P. and D., on the sides facing, respectively, towards the States of Maryland, Pennsylvania, and Delaware. On the north side, below the letter P., are the names of the commissioners, in deep cut letters, namely: H. G. S. Key, of Md., J. P. Eyre, of Pa., G. R. Riddle, of Del., Commissioners, with the date 1849.

This post is still in place, but now it is a mark on the boundary between Delaware and Maryland only, not a tri-State monument. There was some confusion regarding the location of Cape Henlopen. The place chosen as the starting point for the south boundary line of Delaware is not the same as the present cape of that name. Lord Chancellor Hardwick said regarding its position

that Cape Henlopen ought to be deemed

*

at the place where

laid down on the map or plan annexed to the said articles.

*

William Penn directed that Cape Henlopen be called Cape James or Jomus.23 The present Cape Henlopen was then called Cape Cornelis.2 24

The foregoing statements explain the discrepancy between the base line across the peninsula and the position of Cape Henlopen on modern maps.

For geographic positions of other points on this line see Pennsylvania Sec. Internal Affairs Ann. Rept. for 1893, pp. 151A, 152A, and U. S. Coast and Geodetic Survey Rept. for 1893, pp. 216-222.

Delaware S. Jour., January, 1851, p. 102.

23 Hazard, Samuel, op. cit., p. 606.

24 Idem, p. 5.

MARYLAND

The territory embraced in the present State of Maryland was included in the previous charters of Virginia, but nevertheless, in 1632, Lord Baltimore received a royal charter of the Province of Maryland, whose boundaries are defined in the following extract, translated from the original charter, which was in Latin: 25

all that part of the Peninsula, or Chersonese, lying in the 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 Wigloo 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 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 Watkin's Point, so that the whole tract of land divided, by the Line aforesaid, between the main Ocean and Watkin's Point unto the promontory called Cape Charles, * may entirely remain forever excepted to Us.

# *

By comparing the limits laid down in this charter 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. (See Pennsylvania, pp. 120– 121, and Delaware, p. 125.) Virginia claimed the territory under her charters and for a time seemed disposed to assert her claim, though in 1638 a proclamation by the governor and council of Virginia recognized the Province of Maryland and forbade trade with the Indians within the limits of Maryland without the consent of Lord Baltimore previously obtained.26 Virginia's claim was finally given up by a treaty or agreement made in 1658, and her relinquishment was reaffirmed in the constitution of 1776.27

In 1663 the Virginia Assembly ordered a survey of the line between Virginia and Maryland on the peninsula and declared it to be "from Watkins Point east across the peninsula." They defined Watkins Point "to be the north side of Wicomicoe River on the eastern shore and neere unto and on the south side of the straight limbe opposite to Patuxent River." 28

25 Thorpe, F. N., op. cit., vol. 3, p. 1678.

26 Bozman, J. L., History of Maryland from 1633 to 1660, vol. 2, p. 586, Baltimore, 1837.

27 Thorpe, F. N., op. cit., vol. 7, p. 3818.

28 Hening, W. W., Virginia Stat. L. from 1619 to 1792, vol. 2, p. 184.

In 1668 commissioners were appointed by Maryland and Virginia to fix the boundary across the peninsula. Their report, dated June 25, 1668,29 is as follows:

After a full and perfect view taken of the point of land made by the north side of Pocomoke Bay and south side of Annamessexs Bay have and do conclude the same to be Watkins Point, from which said point so called, we have run an east line, agreeable with the extreamest part of the westermost angle of the said Watkins Point, over Pocomoke River to the land near Robert Holston's, and there have marked certain trees which are so continued by an east line running over Swansecutes Creeke into the marsh of the seaside with apparent marks and boundaries.

Virginia, by the adoption of her constitution of 1776, relinquished all claim to territory covered by the charter of Maryland, thereby fixing Maryland's western boundary as follows:

Commencing on a true meridian of the first fountain of the river Pattawmack, thence verging towards the south unto the further 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 said aforesaid bay of Chesapeake, and thence by the shortest line unto the aforesaid promontory or place called Watkins Point; thence a right line to the main ocean on the east.

The boundaries thus described are substantially the present boundaries, but for many years after they were adopted they remained a matter of controversy.

In the constitution of 1776 Virginia "reserved the property of the Virginia shores or strands [of Potomac and Pocomoke rivers] * * and all improvements which have or will be made thereon." Maryland, in 1785, assented to this and declared 30 that

*

the citizens of each State shall have full property on the shores of the Potomac * with all emoluments and advantages thereunto belonging, and with the privilege of making and carrying out wharves and other improvements.

In 1785 a compact 31 was entered into between the States of Maryland and Virginia, but as this referred more particularly to the navigation and exercise of jurisdiction of the waters of Chesapeake Bay and Potomac and Pocomoke Rivers, it is not given here.

From 1821 to 1858 legislation was frequently enacted in regard to the Virginia boundary.32 In 1858 commissioners were appointed by Maryland and Virginia, respectively, who, with the assistance of Lieut. N. Michler, United States Engineers, undertook the survey of the lines.

29 Maryland Hist. Soc. Coll. State Papers, vol. 4 LCB, pp. 63–64.

20 217 U. S. 579–580; Thorpe, F. N., op. cit., vol. 7, p. 3818.

1 Hening, W. W., op. cit., vol. 13, p. 50.

22 See report of C. J. Faulkner (commissioner for Virginia), relative to the boundary lines between Virginia and Maryland, published in Doc. 1, House of Delegates of Va., p. 73, 1832.

In 1860 the Governor of Virginia, under a resolution of the legislature, appointed an agent and sent him to England to collect records and documentary evidence bearing on this question, but owing to the Civil War nothing further was done until 1867, when legislation again commenced.

The question of this boundary was referred to arbitrators by an agreement made in 1874, in which each State bound itself to accept their award as final and conclusive. In 1877 the arbitrators made the following award: 33

Beginning at the point on the Potomac River where the line between Virginia and West Virginia strikes the said river at low-water mark, and thence following the meanderings of said river, by the low-water mark to Smith's Point, at or near the mouth of the Potomac, in the latitude 37° 53′ 8′′, and longitude 76° 13′ 46'; thence crossing the waters of the Chesapeake Bay, by a line running north 65° 30′ east, about nine and a half nautical miles, to a point on the western shore of Smith's Island at the north end of Sassafras Hammock, in latitude 37° 57' 13'', longitude 76° 2′ 52′′; thence across Smith's Island south 88° 30' east five thousand six hundred and twenty yards to the center of Horse Hammock, on the eastern shore of Smith's Island, in latitude 37° 57' 8'', longitude 75° 59′ 20′′; thence south 79° 30' east four thousand eight hundred and eighty yards to a point marked A on the accompanying map, in the middle of Tangier Sound, in latitude 37° 56′ 42'', longitude 75° 56′ 23', said point bearing from Janes Island light south 54° west, and distant from that light three thousand five hundred and sixty yards; thence south 10° 30′ west four thousand seven hundred and forty yards by a line dividing the waters of Tangier Sound, to a point where it intersects the straight line from Smith's Point to Watkins Point, said point of intersection being in latitude 37° 54′ 21'', longitude 75° 56′ 55′′, bearing from Janes Island light south 29° west and from Horse Hammock south 34° 30' east; this point of intersection is marked B on the accompanying map. Thence north 85° 15′ east six thousand seven hundred and twenty yards along the line above mentioned, which runs from Smith's Point to Watkins Point until it reaches the latter spot, namely, Watkins Point, which is in latitude 37° 54′ 38", longitude 75° 52′ 44''; from Watkins Point the boundary line runs due east seven thousand eight hundred and eighty yards, to a point where it meets a line running through the middle of Pocomoke Sound, which is marked C on the accompanying map, and is in latitude 37° 54′ 38'', longitude 75° 47′ 50′′; thence by a line dividing the waters of Pocomoke Sound north 47° 30' east five thousand two hundred and twenty yards, to a point in said sound marked D on the accompanying map, in latitude 37° 56' 25'', longitude 75° 45′ 26''; thence following the middle of the Pocomoke River by a line of irregular curves, as laid down on the accompanying map, until it intersects the westward protraction of the boundary line marked by Scarborough and Calvert, May 28th, 1668, at a point in the middle of the Pocomoke River, and in the latitude 37° 59' 37", longitude 75° 37′ 4′′; thence by the Scarborough and Calvert line, which runs 5° 15′ north of east, to the Atlantic Ocean: the latitudes, longitudes, courses, and distances here given have

38 20 Stat. L. 481-482. In the original report the degrees of latitude and longitude are given in words; they are here put in figures for convenient reference.

been measured upon the Coast Chart No. 33 of the United States Coast Survey (sheet No. 3, Chesapeake Bay).

34

The middle thread of the Pocomoke River is equidistant as nearly as may be between the two shores without considering arms, inlets, creeks, or affluents as parts of the river, but measuring the shore from headland to headland.

* * * The low water mark on the Potomac to which Virginia has a right in the soil, is to be measured by the same rule.

The original charter to Lord Baltimore embraced the Potomac River to high-water mark on the south or Virginia shore, but the arbitrators of 1877 changed the boundary to the low-water line, giving as their reason for doing so the long occupation by Virginia of the land above that line; they declared that "the length of time that raises a right of prescription in private parties likewise raises such a presumption in favor of States as well as private parties," 36 and that "Virginia, from the earliest period of her history, used the south bank of the Potomac as if the soil to low-water mark had been her own." 37 The award of the arbitrators was accepted by the legislatures of the two States and was approved by act of Congress March 3, 1879.88

In 1879 and 1880 acts were passed by the Legislatures of Maryland and Virginia to appoint commissioners and to request the General Government to designate one or more officers of the Engineer Corps to survey and mark this line and erect monuments thereon, but little of permanent value seems to have been accomplished.39

In 1927 the Governors of Maryland and Virginia directed the State geologists to examine the west shore of the Potomac and to recommend points (headlands) between which straight lines should be drawn for the boundary. Their report,40 submitted December 21, 1927, contains six maps on which are indicated by red lines the position recommended. The location of the boundary line as thus indicated was accepted by Virginia act approved March 26, 1928 (ch.

34 Three copies of this chart were prepared, one for each of the two States and one for the files of the Coast and Geodetic Survey, which show by red lines the boundary eastward from Smiths Point and the line up the Potomac for 18 miles. See Coast and Geodetic Survey Rept. for 1890, pp. 621-623.

35 174 U. S. 225.

30 Title to United States or State land can not be acquired by adverse possession, even though long continued. The statute of limitations does not hold against the United States or a State where possession of land is concerned. 39 Fed. 654; 95 P. 278.

87 217 U. S. 580.

38 20 Stat. L. 481. The opinions and award of the arbitrators, together with a history of the grants and of the attempts previously made to settle the boundary disputes are given in a book of 97 pages, without date, printed in Washington. There is a copy of this book in the Geological Survey's library.

See a brief report on the boundary between Maryland and Virginia in U. S. Coast and Geodetic Survey Rept. for 1890, pp. 621-623.

40 Mathews, E. B., and Nelson, W. A., Report on the location of the boundary line along the Potomac River between Virginia and Maryland in accordance with the award of 1877, Baltimore, 1928. This report contains historical references to the boundary disputes between 1668 and 1889, acts of Virginia and of Maryland relating to boundaries, etc.