Long Standing Boundary Line Dispute Between Maryland and Pennsylvania Proprietaries Signed May 10, 1732

In the boundary dispute between Pennsylvania and Maryland Lord Baltimore had observations taken of the latitude of New Castle, Delaware, which showed that town to be 39° 39′ 30″, which would place the end of the fortieth degree many miles to the north, and its beginning far beyond the reach of the radius of twelve miles as called for by Lord Chief Justice North, of England.

A degree of latitude is a band about sixty-nine and a half miles wide, extending around the earth parallel to the equator.

Lord North, William Penn, Lord Baltimore, and others, in the absence of better knowledge, simply assumed that the degrees on the maps were all too far south, which was only a guess, but in fact they were nearly correct.

Penn obtained his charter and sent William Markham, his cousin and deputy, to the Delaware to take an observation of the latitude, and he was to meet Lord Baltimore, or his agents, and settle the boundaries.

This meeting was held in Upland, now Chester, in latter part of the year 1681. The observation was taken, and it became manifest that an absurd mistake in latitude was revealed, and that the fortieth degree, the southern boundary of Pennsylvania was twelve miles farther to the North. Lord Baltimore already knew that the end of the fortieth degree was many miles north of its position on Captain John Smith’s 329map, and he renewed his old claim that his province of Maryland extended to the fortieth degree complete. Thus began the controversy which lasted twenty years.

This claim carried the northern boundary of Maryland far into Penn’s province, just north of Philadelphia, and if successfully defended would have cut from the southern part of our State all the territory south of a line running through Philadelphia, Dowingtown, just south of Lancaster, and north of York, Bedford, Somerset, Connellsville, Brownsville, and the village of West Finley in Washington County.

But Penn had a strong case to defend his territorial limits, his charter expressly defined the southern limit of Pennsylvania, as on the beginning of the fortieth degree, which would make its southern limit reach nearly to the City of Washington, and would have cut off from Lord Baltimore’s province much more territory than he was trying to cut from Penn’s. Penn also possessed the later grant from the Crown, and in such a dispute, where the limits overlapped, it would be taken to have annulled the older.

Penn was willing to yield his stronger position and compromise, all he demanded was that the line be placed where it was supposed to be when his charter was granted. The mistake in latitude made Penn’s boundary on the Delaware ridiculous, for the circle of twelve miles from New Castle could not possibly touch the beginning of the fortieth degree, which was forty miles to the south of it.

It would have been unfortunate to obstruct the settlement of this country by putting claims in which both seemed to be justified, but Penn did even more than expected. He offered to purchase from Baltimore sufficient land to give Pennsylvania a harbor at the head of the Chesapeake. At another personal interview with Baltimore at West River he suggested a compromise even more favorable to Maryland, by suggesting that additional territory should be given Baltimore to make up the loss of the increased length of a degree, which was recently ascertained to be 69½ instead of 60 miles. This would have placed the northern line of Maryland about seven miles north of the head of the Chesapeake.

Lord Baltimore refused all compromises offered by William Penn. He fancied he could obtain great acquisitions of territory, and was determined his province should consist of the present Maryland, Delaware and the southern strip of Pennsylvania above described.

The controversy was thrown in the privy council. The case was argued for two years, the council finally deciding that Baltimore’s charter did not give him a title to Delaware, because at the time of granting the charter that region had been in possession of the Dutch, and they ordered Baltimore and Penn to divide Delaware equally between them by a north and south line, midway between the Chesapeake and the Delaware. The decision of the council was confined to the 330controversy between Delaware and Maryland, and nothing was said about the disputed boundary of the 40° between Maryland and Pennsylvania and it remained unsettled.

This condition proved a great hardship, the inhabitants on the border, uncertain of their position, refused to pay taxes to either government, and the sheriffs of adjoining counties carried on a warfare of petty annoyance. This gave the rougher and lawless men an excuse for fighting. One of the most notable of these was Thomas Cresap. He caused so much trouble in the southern counties that when he was arrested and carried to Philadelphia, which he called a pretty Maryland town, his exploits were known as the Cresap War.

William Penn died July 30, 1718, leaving the question as unsettled as it was in 1682. Charles Calvert, the fifth Lord Baltimore, was now the proprietor of Maryland, and the first of the family to show much cleverness.

He went to Penn’s widow and admitted he had no just claim to the title of Delaware, and suggested that no more land should be granted near either of the disputed borders by either government for eighteen months, within which time they could settle all difficulties. This agreement was signed in February, 1723, and long after the eighteen months had passed into history, the agreement was faithfully observed by Hannah Penn, and after her death by her children. Baltimore also observed it.

William Penn’s widow died in 1726, and her young sons did not immediately mark the boundary, and Baltimore now assumed the role of an injured person, and in 1731 petitioned the Crown to compel the Proprietors of Pennsylvania to join with him in settling the boundaries. He applied to John and Thomas Penn to meet with him and sign an agreement of settlementsettlement, which they agreed to do, and they also accepted the terms proposed in it by Baltimore and the articles were signed May 10, 1732.

The southern boundary of Pennsylvania was fixed about seven miles north of the head of Chesapeake, and the same as William Penn had offered Baltimore in their interview at West River. By this agreement Lord Baltimore received more than had ever belonged to him.

A map was prepared, and attached to the agreement, on which the boundaries were plainly marked. This map was prepared by Baltimore, and the Penns accepted it as correct.

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