MAP #: 24_A5
CARTOGRAPHER : ANONYMOUS
DATE: 174_
SHORT TITLE : [UNTITLED MANUSCRIPT MAP OF PENNSYLVANIA, MARYLAND AND PART OF VIRGINIA].
REMAINING TITLE & ID : THE INSCRIPTION "MAP DELVD TO Ye COUNSELLor ATTny GEN SOLTr GENl & WILLS IN Ye CASE w L. BALT" IS ON THE REVERSE SIDE, PROBABLY IN THE HANDWRITING OF JOHN FERNANDO PARIS, THE PENN'S LAWYER IN THE BOUNDARY SUIT WITH LORD BALTIMORE IN THE LONDON COURT. LONGITUDE AND LATITUDE ARE NOT SHOWN, ALTHOUGH THE MAP ITSELF ATTEMPTS TO SHOW THE DIFFERENCE BETWEEN THE 40TH PARALLEL OF LATITUDE BY THE OLD MAPS AND THAT CLAIMED BY LORD BALTIMORE.
ON THE REVERSE SIDE AND POSSIBLY IN THE HANDWRITING OF JOHN FERNANDO PARIS, THE PENNS LAWYER, IS THE NOTATION "MAP DELVD TO Ye COUNSELLor ATTny GEN SOLTr GENl & WILLS IN Ye CASE w L. BALT." THE MAP IS FOLDED INTO EIGHT SECTIONS SO THAT THE ABOVE NOTATION IS AT THE TOP OF THE FOLDED DOCUMENT FOR IDENTIFICATION. THE FOLDS SUGGEST THAT THE MAP WAS INCLUDED IN LEGAL DOCUMENTS AND THE NOTATION SEEMS TO CONFIRM THIS.
THE GEOGRAPHICAL INFORMATION IS VIRTUALLY IDENTICAL BETWEEN THE MANUSCRIPT AND THE ONE USED IN THE 1732 AGREEMENT (SEE MAP # 232S5). THE ONE DIFFERENCE OF ANY CONSEQUENCE IS THAT "CAPE HENLOPEN" ON THE MANUSCRIPT NO LONGER PROJECTS OUT INTO THE OCEAN BUT IS STILL SO NAMED.
OF THE 33 NAMES ON THE 1732 PRINTED MAP, ALL BUT ONE "THREE LOWER
COUNTIES" ARE ON THE MANUSCRIPT. ONLY TWO NEW NAMES ARE ADDED ON
THE MANUSCRIPT "BRANDYWINE" AND "BURLINGTON" AND THE NEWCASTLE
CIRCLE IS IDENTIFIED. SOME 21 OF THE NAMES USE THE SAME SPELLING.
THE FOLLOWING NAMES ARE SLIGHT VARIANTS:
1732 PRINTED MAP MANUSCRIPT MAP 1732 PRINTED
MAP MANUSCRIPT MAP
POTOMAK RIVER
POTOMACK R.
OCTORARA
OCTORAROE
POTUXON RIVER
PATUXENT
SOUTH BOUNDS OF MARYLAND
SOUTHERN BOUNDS OF MARYLAND
SOHATAZO
SOHATAROE
APPOQUINIMUS
APOQUINIMY
SPASALONGE
SWASARONGOE
SKULLKILL RIVER
SKUYLKIL
CONESTOGO
CONESTOGOE
NETHAMINAH
NESHAMINEH
PAQUCA
PACQUIA
THE BREVIATE CONTAINS A MAP BY BENJAMIN EASTBURN DATED 1740 WHICH ELIMINATES THE APPEARANCE OF A CAPE AT FENWICK'S ISLAND, BUT LEAVES THE NAME CAPE HINLOPEN. THE BREVIATE WAS COMPLETED IN JANUARY, 1743.
THE ATTORNEY GENERAL AS OF 1740 WAS SIR DUDLEY RYDER, WHO HAD REVIEWED AND SUGGESTED CHANGES TO THE PENNS IN THE DRAFT OF THE 1732 AGREEMENT. THE SOLICITOR GENERAL WAS WILLIAM MURRAY, WHO HAD SERVED THE PENNS FOR SOME TIME AS COUNSEL IN THIS SPECIFIC CONTROVERSY.
WAINWRIGHT INDICATES THAT THE PENNS WERE DISPLEASED WITH THE SECOND STATE OF THE 1735 COMPOSITE MAP, USED BY CAPT. FAYR HALL (SEE MAP # 235S6) BECAUSE OF ITS EXAGGERATION.
BASED ON THE ABOVE POINTS, WE BELIEVE THAT THE MANUSCRIPT MAP WAS PROBABLY PRODUCED IN THE EARLY 1740S, MAY HAVE BEEN A REACTION TO THE FAYR HALL MAP BY SHOWING A MORE REASONABLE CLAIM, AND WAS INCLUDED IN EITHER THE FORMAL COURT PAPERS OR IN SOME INFORMAL PRESENTATION TO THE ATTORNEY GENERAL AND SOLICITOR GENERAL, WHO WERE PREVIOUS PENN SUPPORTERS.
THIS MAP WAS IN THE CHEW FAMILY PAPERS AND WAS OFFERED FOR SALE AT THE CRISTIE AUCTION OF SOME OF THOSE PAPERS ON APRIL 1, 1982 (ITEM #9).
IN 1681, ALMOST 50 YEARS AFTER THE GRANT TO LORD BALTIMORE OF THE PROVINCE OF MARYLAND, PENNSYLVANIA WAS GRANTED TO WILLIAM PENN. BECAUSE OF THE INEXACT SURVEYING AVAILABLE AT THE TIME OF THE GRANTS, THE AREAS WERE OVERLAPPING. THIS LED TO 50 YEARS OF BICKERING AND UNCERTAINTY ABOUT THE DISPUTED LAND. ALSO AT ISSUE WAS THE OWNERSHIP OF THE THREE LOWER COUNTIES (NOW DELAWARE) AND LATER THE LOCATION OF CAPE HENLOPEN.
ANOTHER FACTOR IN THE DISPUTE WAS THE DEFINITION OF A DEGREE OF LATITUDE. THE BALTIMORE GRANT WAS TO LAND LYING UNDER THE FORTIETH DEGREE OF LATITUDE. SOME OF THE GEOGRAPHERS OF THAT PERIOD CONSIDERED DEGREES OF LATITUDE AS LAND AREAS, NAMED FROM THEIR NORTHERN PARALLELS. IF THIS WERE CORRECT, BALTIMORE'S GRANT WOULD HAVE STOPPED AT THE 39TH PARALLEL. IF THE GRANT MEANT TO THE 40TH PARALLEL LINE, MARYLAND WOULD HAVE EXTENDED TO NORTH OF PHILADELPHIA.
THE MATTER OF THE THREE LOWER COUNTIES WAS DECIDED IN 1685 IN FAVOR OF THE PENNS. THE KING DECREED THAT "THE TRACT OF LAND LYING BETWEEN THE RIVER AND THE EASTERN SEA ON THE ONE SIDE & CHESAPEAKE BAY ON THE OTHER BE DIVIDED INTO EQUAL PARTS BY A LINE FROM THE LATITUDE OF CAPE HENLOPEN TO THE FORTIETH DEGREE OF NORTHERN LATITUDE". TWO BALTIMORE ATTEMPTS TO HAVE THE DECREE NULLIFIED WERE DENIED, BUT THE LINES WERE NEVER RUN AND THE ACTUAL BOUNDARIES REMAINED IN CONTROVERSY. COMPOUNDING THE PROBLEM FOR THE PENNS WAS THAT THEY INCURRED HEAVY DEBT AND MUCH OF THEIR REVENUE DEPENDED ON RENTS WHICH THE COLONISTS WERE INCREASINGLY UNWILLING TO PAY, IF THE OWNERSHIP OF THE LAND WAS IN DISPUTE.
ON MAY 10, 1732, ARTICLES OF AGREEMENT WERE SIGNED BY BOTH SIDES AND THE UNDERSTANDING WAS LAID OUT ON A MAP SUPPLIED BY LORD BALTIMORE. THE MAP WAS SENT TO JOHN SENEX IN LONDON FOR ENGRAVING. THE AGREEMENT STIPULATED THAT IT WOULD BE VOID IF NOT IMPLEMENTED BY CHRISTMAS, 1733. THE AGREEMENT WAS NOT IMPLEMENTED AND BALTIMORE AGAIN PETITIONED THE KING IN 1734 FOR POSSESSION OF THE THREE LOWER COUNTIES. BALTIMORE CHARGED THE PENNS WITH FRAUD IN USING AN INCORRECT MAP (ALTHOUGH THEY INSISTED THAT IT WAS HIS MAP, NOT THEIRS).
JOHN FERNANDO PARIS, THE PENN'S LONDON AGENT, HAD A COMPOSITE MAP DRAWN BY JOHN SENEX COMBINING THE JOHN SMITH GEOGRAPHY (SEE MAP # 112S5) WITH THAT OF NICOLAS VISSCHER'S MAP OF 1656 (SEE MAP # 155V5) TO SHOW THE GEOGRAPHIC INFORMATION AVAILABLE TO THE KING WHEN THE GRANTS AND LATER BOUNDARY DECISIONS BY THE LONDON COURT WERE MADE. THE COMPOSITE MAP SHOWED CAPE HENLOPEN WHERE THE SENEX 1732 MAP HAD IT LOCATED AND THE 40TH PARALLEL OF LATITUDE AS SLIGHTLY ABOVE THE HEAD OF THE CHESAPEAKE, WHICH SUPPORTED THE 1732 ARTICLES OF AGREEMENT AND THE SENEX MAP.
USING THIS COMPOSITE AND A COPY OF THE 1732 SENEX MAP ALONG WITH A SEVEN PAGE PAMPHLET, THE PENNS IN 1735 GOT THE PRIVY COUNSEL TO DELAY HEARING THE BALTIMORE PETITION AND BROUGHT A SUIT IN THE CHANCERY COURT FOR EXECUTION OF THE 1732 AGREEMENT.
PARIS PERMITTED CAPT. FAYR HALL TO REUSE HIS COMPOSITE MAP IN A PAMPHLET IN 1735. AT 39 DEGREES NORTH LATITUDE ARE THE WORDS IN TWO LINES STRADDLING THE PARALLEL "THE TRUE BOUNDS OF PENSILVANIA ON THE SOUTH ACCORDING TO THE CHARTER./ THE TRUE BOUNDS OF MARYLAND ON THE NORTH ACCORDING TO THE CHARTER." THIS PUT THE SOUTHERN BOUNDARY OF PENNSYLVANIA SOUTH OF PRESENT DAY WASHINGTON, D.C.!! AT 40 DEGREES LATITUDE ARE THE TWO LINES "HITHERTO LORD BALTIMORE CLAIMS, ALTHOUGH ALL TO THE NORTHWARD OF/THE 39TH DEGREE IS EXPRESSLY WITHOUT HIS GRANT AND WITHIN MR. PENNS." WAINWRIGHT SAYS THAT THESE CLAIMS WERE SO EXTRAVAGANT THAT THEY EMBARRASSED THE PENNS.
AS THE SUIT STRETCHED ON, THE COSTS MOUNTED TO SUCH AN ALARMING EXTENT THAT THE PENNS TRIED TO SELL THE WHOLE PROVINCE OF PENNSYLVANIA FOR 60,000 L-, BUT WITHOUT SUCCESS!! FIGHTING BROKE OUT IN THE BORDER AREAS AND IN 1739 A TEMPORARY LINE WAS DRAWN 15 1/4 MILES SOUTH OF THE SOUTHERN-MOST LIMIT OF PHILADELPHIA TO LESSEN THE CONFLICT.
A DOCUMENT, CALLED THE BREVIATE WAS COMPLETED IN JANUARY, 1743, GIVING A DETAILED HISTORY OF THE CONTROVERSY FROM THE PENN'S PERSPECTIVE AND INCLUDED TWO MAPS, THE 1732 SENEX MAP AND ONE BY BENJAMIN EASTBURN WHICH ELIMINATES THE CAPE, BUT LEAVES THE NAME CAPE HINLOPEN SOME 20 MILES SOUTH OF THE DELAWARE BAY ENTRANCE.
LORD BALTIMORE NEVER PRODUCED THE AUGUSTINE HERRMAN MAP OF 1673 (SEE MAP # 273H5) IN REBUTTAL, WHICH SHOWS CAPE HENLOPEN AT ITS CORRECT LOCATION. THIS MAP ALSO SHOWED THE 40TH PARALLEL NORTH OF THE PRESENT LOCATION OF PHILADELPHIA.
THE CASE DRAGGED ON UNTIL MAY, 1750, WHEN THE LORD CHANCELLOR DECREED THAT THE MAY 10TH, 1732 AGREEMENT SHOULD BE ENFORCED. IN 1760, BOTH PROVINCES APPOINTED MEMBERS OF THE BOUNDARY COMMISSION THAT WOULD SUPERVISE THE WORK. IN 1763 THE COMMISSIONERS HIRED CHARLES MASON AND JEREMIAH DIXON, ENGLISH SURVEYORS AND MATHEMATICIANS TO MAKE THE SURVEY, WHICH THEY FINISHED IN LATE 1767. TWO STRIP MAPS WERE DRAWN SHOWING THE "MASON-DIXON LINE" AND THESE WERE APPROVED ON NOVEMBER 9, 1768. SUBSEQUENT RESURVEYS HAVE TESTIFIED TO THE BASIC ACCURACY OF THE ORIGINAL MASON-DIXON SURVEY.
DATA IS FROM THE CHRISTIE CATALOGUE, THE BREVIATE, THE PLAINTIFF'S CASE, THE WAINWRIGHT STUDY, AND FROM PERSONAL OBSERVATION OF THIS ITEM IN THE HUNTINGFIELD COLLECTION.
EDITION & STATE INFO : THIS IS A MANUSCRIPT MAP.
HFC OWNERSHIP DATA : THIS MANUSCRIPT MAP IS IN THE HUNTINGFIELD COLLECTION AS DESCRIBED. IT IS IN EXCELLENT CONDITION.
BIBLIGRAPHICAL REFS. : CRISTIE, MANSON & WOODS INTERNATIONAL, INC. CATALOGUE OF COLONIAL AMERICAN DOCUMENTS FROM THE CHEW FAMILY PAPERS, APRIL 1, 1982, P. 21, ITEM #9; MATHEWS, E.B., REPORT ON THE RESURVEY OF THE MARYLAND- PENNSYLVANIA BOUNDARY PART OF THE MASON-DIXON LINE, MARYLAND GEOLOGICAL SURVEY, BALTIMORE, 1908; IN CHANCERY-BREVIATE. JOHN PENN, THOMAS PENN, AND RICHARD PENN, ESQRS; PLAINTIFFS. CHARLES CALVERT, ESQ.;LORD BALTIMORE IN THE KINGDOM OF IRELAND. DEFENDANT. FOR THE PLAINTIFFS.; HALL, FAYR. A SHORT ACCOUNT OF THE FIRST SETTLEMENT OF THE PROVINCES OF VIRGINIA, MARYLAND, NEW-YORK, NEW JERSEY, AND PENNSYLVANIA BY THE ENGLISH. LONDON: 1735; WAINWRIGHT, NICOLAS B., "TALE OF A RUNAWAY CAPE: THE PENN-BALTIMORE AGREEMENT OF 1732". IN THE PENNSYLVANIA MAGAZINE OF HISTORY AND BIOGRAPHY, VOL. LXXXVII, NO. 3. PHILADELPHIA: THE HISTORICAL SOCIETY OF PENNSYLVANIA, JULY, 1963; SEE ALSO THE BIBLIOGRAPHY FOR MAP # 232S5 FOR DATA ON THE BOUNDARY DISPUTE.
March 15, 1990
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