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northward, but if not, then by the river to its source, and thence by a meridian line "unto the said three and fortieth degree," "the said land to extend westwards five degrees in longitude to be computed from the said easterne bounds," and "to be bounded on the north by the beginning of the three and fortieth degree of northern latitude and on the south by a circle drawn at twelve miles distance from New Castle northwards and westwards, unto the beginning of the fortieth degree of northerne latitude and then by a streight line westwards to the limitt of longitude above mencioned.”

The description of the arc of the circle at the southeastern corner, viz: "a circle drawn at twelve miles distance from New Castle," plainly means, as Lord Hardwicke afterwards said, and as Penn intended, the are of a circle having a radius of twelve miles with the heart of the little village of New Castle as a centre. Therefore, we see by our modern maps, as Baltimore and Markham saw by astronomical observations, that the boundary lines do not close together. King Charles, contrary to "he never says a foolish thing,' had officially uttered nonsense.

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The date of the charter, or, more properly, letters patent, was the fourth of March in the thirty-third year of the reign (1680), a day which in Scotland was called March 14, 1681.

CHAPTER II.

THE ASCERTAINMENT OF THE SOUTHERN BOUNDARY.

The third Lord Baltimore and Markham-The Duke confirms Pennsylvania, and grants Delaware to Penn-Further proceedings of the two Proprietaries-Decision of Privy Council-Advantages of the Penns in the subsequent struggle-Settlement of Nottingham-Maryland takes the offensive Agreement of 1732, and failure to carry it out-Temporary line run-Case of Penn et al. v. Lord Baltimore and final determination.

In the uncertaincy of astronomical observations for latitude and longitude, it was necessary that the relation of localities to the equator and the central meridian should be settled upon by agreement. For approximations within a few miles, the statement of maps might be accepted, but when, as upon the Delaware River, there was the question of the ownership of a headland or of the mouth of a creek, nothing would be authoritative but an instrument of the latest improvement together with the latest book of calculations, and it was always conceivable that something less clumsy than the method of the time might in future be devised, and show that the determination had been incorrect by quite a distance. It would result, that, unless there was to be an intolerable shifting of boundaries, a line should be arbitrarily fixed by the parties interested, which neither side should be allowed to gainsay. A letter was issued by the King less than a month after the patent to William Penn, and dated April 2 in the

33rd year of the reign (1681), recommending Penn to Lord Baltimore's good neighbourliness, and recommending as conducive to good neighbourhood that Baltimore appoint persons to make in conjunction with Penn's agent a division according to the degree of north latitude by finding landmarks. Lord Baltimore was then residing in Maryland.

He was Charles Calvert, the third Baron. Ready to extend courtesy, he invited to his house Penn's deputy, Markham, who remained there ill for three weeks: and likewise this Roman Catholic nobleman later attended Penn to Friends' Meetings in Maryland, and sent military escort to wait for him. The Baron, with all his politeness, was neither easy-going nor weak, but careful of his rights, positive, spirited, expecting and receiving deference, not only in Maryland, but in neighbouring provinces also, as almost the only person of his rank then sojourning in America. He was not politic, not one to take into account that the Quaker with whom he had to deal possessed the favor of the King and the Duke of York, while he himself, although a Roman Catholic, had no influence with either.

By appointment of Lord Baltimore, made after Markham's visit to him, he and Markham were to meet at Augustine Herman's on Bohemia River on June 10, 1682. Baltimore sent commissioners, and, Markham not appearing, they took observations during the next seven days, making Herman's house "to lye in the latitude of 39 d. & 45 m." This meant that Lord Baltimore's charter called for an extent northward seventeen and a half miles further, or, as his commissioners reported, at least fifteen miles. As a matter of fact, the observation was more favorable to Penn than present calculations, which place the 40th parallel more than thirtyfive miles north of the site of Herman's house. The mouth of the Octorara Creek hereafter mentioned is only about eleven miles more northerly than Herman's

house. The commissioners went from that house to New Castle, about twenty miles to the northeast, and, there, on June 27, made an observation with a sextile, of six or seven feet radius, sent by Markham from New York, and belonging to Col. Lewis Morris. Lord Baltimore's Narrative (Penna. Mag. Hist., Vol. VI, p. 412 &ct.) says that the latitude of the town was thus found to be "thirty-nine degrees forty odd minutes." This may mean forty minutes and a few seconds. The errors possible in observations will be seen when we read Lord Baltimore's statement that on Sep. 24, 1682, his people and Richard Noble, a Quaker, by the same sextile found Upland (now Chester), which is about twelve miles more northerly than New Castle, to be 39° 47′ 5′′ N. Markham, who did not take part, quoted, in his Answer to the Narrative, Haig's notes that he was told 39° 45'. The observation, whether the minutes were 45 or 47, showed that a circle around New Castle of twelve miles radius would not come within fourteen miles at the very least of touching the 40th parallel. Nor would there have been much closer approach to it, if the twelve miles distance northward from New Castle of the starting-point on the river had been measured on a longitudinal line, and the circle had been drawn with a radius of the distance of that point from the town; a meaning which was not intended by either Penn or whoever, King or official, read the charter before it passed, but which might have been claimed, had the Duke held on to the land around New Castle. As to the thirty-ninth parallel, which in later years was claimed to be meant by "the beginning of the fortieth degree," the circle, even if carried around to the south would not have come within seventeen miles of that parallel under the most favourable elements for the calculation. In the course of a conference between Baltimore, Markham, and their attendants on the day after the observation, nobody suggested that "the be

ginning of the fortieth degree" was anything else than the fortieth parallel. The Maryland surveyor laughingly remarked: "His Majesty must have long compasses": the naval veteran, Markham, replied that he trusted the gentlemen would "not limit his Majesty's compasses." Well would it have been for the Calverts, if the King's compasses had been considered as marking the correct distance of the parallel north of New Castle, and the Delaware frontage had been let go!

Markham, on this occasion, suggested an interpretation of Penn's charter which made the lines of the figure meet, and which was decidedly favorable to Lord Baltimore, as it gave him in the interior the land up to the astronomically fixed fortieth parallel, the interpretation being that the circle passing through a point on the river twelve miles north of New Castle was not to be described around New Castle, but have as its centre the fortieth degree, probably meaning the point in the fortieth parallel due north of the point on the river. Thus on a map with the north at the top, the starting-point of Pennsylvania on the river would be the bottom of a circle, instead of rather below the top of one; and the shape of the Province would be pretty much a trapezoid with a bump on its southeastern corner, instead of a trapezoid with a piece bitten out. This solution, which was not agreed to, was certainly not Penn's or the Duke's interpretation, as will be seen from the Duke's deeds of Aug. 24, 1682, unknown to Americans in September, but had Baltimore agreed, the question would have been settled at once, to the saving of trouble, expense, and bloodshed; for Markham was fully empowered to act for Penn, and the latter would not have been allowed to repudiate the settlement. Markham declined to proceed up the river until the instrument should show 40°, to put the boundary there, but promised to join in ascertaining that latitude at the heads of any rivers "respecting"

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