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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 167   View pdf image (33K)
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the settlement of his colony when, extremely desirous to
open a door, by the Chesapeak, for peopling it, (i) he
persuaded himself that lord Baltimore had extended his province
beyond its true limits, and signified by letters to some of the
principal inhabitants of the Eastern Shore that their lands
were in Pennsylvania, and that they ought not therefore to pay
rents and taxes as belonging to Maryland. The best
informed of those planters paid no attention to this notice, which
they knew to be erroneous; but others, either deceived, or
willing to take advantage of the intimation, determined to
pay nothing, hoping, as a certain writer observes, to live
under no government. This, with the provocation and
embarrassment which it gave to lord Baltimore, laid the foundation
of a controversy which continued too long, and with too
many circumstances of violence, not to have been very
prejudicial to the advancement of both the provinces.

    The termination of the second, or northerly, line of Lord
Baltimore's grant seems to have been the point immediately
in contest. The first attempt to determine this did not
promise a result favourable to Mr. Penn: on the contrary it
appeared by an observation taken at Chester, that the 40th
degree would carry the boundaries of Maryland up to the
Schuylkill. The ascertainment of lord Baltimore's limits in
this way was afterwards evaded by Markham, the kinsman
and agent of Mr. Penn, and that proprietary himself,
informed of the disadvantageous appearances resulting from the
trial just spoken of, came out from England provided with a
better method of carrying his point. In 1682 he met Lord
Baltimore by appointment in Maryland, and produced a letter
from king Charles II. directing the settlement of their
mutual claims, and requiring that the northern limits of
Maryland should be determined by the admeasurement from its
southern boundary of two degrees, according to the usual
computation of sixty miles each¾Lord Baltimore objected
to this that his patent mentioned no specified number of
degrees, but went absolutely to the 40th degree of north
¾that nothing, therefore remained to ascertain but,
where his northern line intersected the Delaware, which he
proposed to determine by an observation on land, by a
sextant of six feet radius belonging to his opponent; and in
reference to the king's opinion that he must necessarily begin
at the degree 38, he alledged that his charter said no such
thing, and that a royal mandate could not take away what
had been granted under the great seal. Mr. Penn's
argument in opposition to this was, that Watkins's Point was

    (i) This and some other facts are derived from the historical sketches
of Mr. Chalmers, who certainly shows a leaning to the Maryland side of
the contest, but who nevertheless cites authorities for what he advances.

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 167   View pdf image (33K)
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