Correspondence of Governor Sharpe. 21
|
|
rence to the Premises. Instead of that East & West Line
South of Indian River to Choptank Bay, a Line be run East &
West on the North side of the Inlet of that River to Choptank
Bay, & that a Meridian Line thereon be run North up to the
Periphery of the 12 Miles Circle off New Castle, to answer the
Order of Council in 1685, as the Division Line of the Peninsula
the East side to the Crown, the West side to Maryland. A
Line so Run I apprehend My Lord by such Division of the
Peninsula, will Lose No Patented Land at present undr occu-
pation & with preservation of Navigable Waters on the West
side of the Peninsula up to the Circle off New Castle & this I
mean by offer, as an Expedient to bring the Messrs Penns to
a Compromise & taking the three Lower Counties they have
no Right to by Express Discription of their Charter How-
ever 'tis a Territory the Lords of Council by their Report to
the King in 1685 deprives Maryland of & the Regal Dicision
Confirmg that order as to Dominion of that part to Maryland
is, Determinable. But of this Propositions & Matter you are
desired to Consider with the Advice of the Council & to make
Report thereof to his Lordp.
Followg is a Copy concerng the 40th Degree North Lat: of
Maryland with the Question Propounded & the Resemblance
by Plan of the Province put to the most Emminent & Learned
Counsel in Our Law, with their opinions thereon. The Mary-
land Charter Vizt "From Watkins Point near the River
Wighis on the West unto the Main Ocean on the East & be-
tween that Bound on the South unto that part of Delaware
Bay on the North wh lieth under the 40th Degree of Northern
Lat: from the Equinoctial where New England Ends."
2. " Whether Lord Baltimore has or can claim a Right to
any Lands laying Northward of the Peninsula & of the Bay of
Delaware & Chesopeak & the Bounds as understood at the
time of his Grant within the Grant of Pensilvania now setled
above forty years."
Sr Clement Wearg's opinion " That the intent of the King
seems to him he intended Maryland shosd not extend North
beyond Delaware Bay wh was then thought to reach the 40th
Degree Lat: This is confirm'd by the Subsequent Grant to
Pensilvania & by the Line Drawn by the Anscestors of Lord
Baltimore.
Sr John Wills opinion That it expressly appears by the
Grant — Maryland was not to Extend Northwards beyond the
Isthmus of the Peninsula
Sr Philip York's opinion That the Boundaries Described by
Lord Baltimore's Grant must now be understood in the same
manner as they were at the time of making thereof & so con-
sequently that in Case the Extent of Maryland to the North
|
Calvert
Papers.
|
|
 |
