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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 it has pleased King Charlesthe Second

* to grant William Penn., esq.,

this Province of Pennsylvania * And James Duke of York and Albany * to release his right and claim to the Province of Pennsylvania * and

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 New Castle, Jones, and Whorekills (alias New Dale.

Be it enacted 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 Hardwick, 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.

MARYLAND.

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

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proclamation by the governor and council of Virginia recognizing the province of Maryland, and forbidding trade with the Indians within the limits of Maryland without the consent of Lord Baltimore previously obtained (vide Bozman's Maryland, Vol. II, p. 586). Virginia's claim was finally given up by a treaty or agreement made in 1658. (For a full account vide Bozman's Maryland, p. 444 et seq.)

In 1663 the Virginia assembly ordered a survey of the line between Virginia and Maryland on the peninsula, and declared it to be as follows, viz:

From Watkins Point east across the peninsula.

They define Watkins Point To be the north side of Wicomicoe River on the eastern shore and neere unto and on the south side of the streight limbe opposite to Patuxent River.

(Vide Hening's Virginia, Vol. II, p. 184.)

In 1668 commissioners were appointed by Maryland and Virginia to fix the boundary across the peninsula. The commissioners were Philip Calvert, esq., chancellor of Maryland, and Col. Edmund Scarbrugh, his majesty's surveyor-general of Virginia. Their report is as follows, viz:

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

* Signed June 25, 1868. (Vide Md. Hist. Soc. Coll. of State papers, volume marked 4 L. C. B., pp. 63–64.)

Virginia, by the adoption of her constitution of 1776 (see Article 21), 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 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. (See charter of Maryland.)

The foreging are substantially the present boundaries; but from that time up to the present a controversy has been going on concerning them.

In 1786 a compact was entered into between the States of Maryland and Virginia, but as this referred more particularly to the navigation and exercise of jurisdiction on the waters of Chesapeake Bay, the Potomac and Pocomoke rivers, they are not given here. (Vide Hening's Va., Vol. XII, p. 50.)

From 1821 to 1858 frequent legislation took place in regard to this boundary.

In the last-named year commissioners were appointed by Maryland and Virginia, respectively, who, with the assistance of Lieut. N. Michler, United States Engineers, surveyed the lines.

In 1860 the governor of Virginia, under a resolution of the legislature, appointed and sent an agent to England to collect records and documentary evidence bearing on this question.

The rebellion ensuing, 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, each State binding itself to accept their award as final and conclusive.

J. S. Black, of Pennsylvania; William A. Graham, of North Carolina, and Charles A. Jenkins, of Georgia, were appointed arbitrators.

William A. Graham having died, James B. Beck, of Kentucky, was appointed in his stead.

The arbitrators made, in 1877, the following award, viz:

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 latitụde 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' eást 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 James 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 James 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 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 28, 1668, at a point in the middle of Pocomoke River, and in the latitude 37° 59' 37",

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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 been measured upon the Coast Chart No. 33 of U. S. Coast Survey, sheet No. 3, Chesapeake Bay.

The middle thread of the Pocomoke River and the low-water mark on the Potomac River are to be measured from headland to headland, without considering or following arms, inlets, creeks, bays, or affluent rivers.

(l'ide, U. S. Stat. at Large, Vol. XX, p. 481.)

This award was ratified by the States of Maryland and Virginia, and confirmed by Congress in 1879.

In 1879–80 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, said commissioners and officers to survey and mark said line and erect monuments thereon.

West Virginia having been formed from a part of Virginia and admitted into the Union in 1862, the western boundary of Maryland now separates it from the State of West Virginia.

The commissioners appointed in 1859 by Virginia and Maryland (vide p. 91) surveyed the western boundary from the “Fairfax Stone” (the first fountain of the Potomac) due north to the Pennsylvania line, and the legislature of Maryland in 1860 passed an act declaring that line to be its western boundary.

From the “Fairfax Stone” the boundary between Maryland and West Virginia runs along the south bank of the Potomac River till it strikes the line between Virginia and West Virginia.

(For a history of the placing of the Fairfax Stone, vide Virginia,

p. 96.)

DISTRICT OF COLUMBIA.

On the 5th day of September, 1774, the Continental Congress met at Philadelphia. Two years later they adjourned to Baltimore. During the Revolution and subsequent to the treaty of peace they met in various places. After the close of the war much debate took place in regard to the location of a permanent seat of the Government of the United States. Several States made propositions to Congress, offering to cede certain lands for the purpose, but no determination of the location was made by Congress until 1790.

Act of cession from the State of Maryland, passed December 23, 1788.

On the 23d of December, 1788, the State of Maryland passed the following act, viz:

Be it enacted by the general assembly of Maryland, That the representatives of this State in the House of Representatives of the Congress of the United States, appointed to assemble at New York on the first Wednesday of March next, be, and they are hereby, authorized and required on the behalf of this State to cede to the Congress of the United States any district in this State, not exceeding ten miles square, which the Congress may fix upon and accept for the seat of government of the United States.

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