History of York County Pennsylvania, Volume I, Part 16

Author: Prowell, George R.
Publication date: 1907
Publisher: J. H. Beers
Number of Pages: 1372

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The completion of the Temporary Line in 1739 to the top of the mountain which formed the western limits of Cumberland County, did not end the controversy be- tween the provinces of Maryland and Penn- sylvania. John Digges, who had been given a grant of 10,000 acres around the site of Hanover, in 1729, had given bonds of agree- ment to numerous settlers upon his tract. Maryland titles had also been given before 1739 to lands now situated in the southern part of York County. These titles were the cause of constant trouble which continued until Mason and Dixon's line was run in 1768. Even within the region of Spring- ettsbury Manor, disputes arose in reference to land titles.

Nicholas

seated themselves by leave of the pro- prietor on lands west of the Susque- hanna River, within the bounds of the Manor of Springettsbury, and that a con- firmation of the persons seated on the same for their several tracts had been delayed by reason of the Five Nations, which had been released by deed of the IIth of October, 1736, and Nicholas Perie had applied for a confirmation of 200 acres; Thomas Penn certified under hand, that he would cause a patent to be drawn for the land, on the common terms, so soon as the quantity should be surveyed and returned. Perie had been arrested by a writ issued out of the Supreme Court of Maryland, for refus- ing to hold this land under Lord Baltimore, and on the arrival of the Royal Order, was discharged on his recognizance, at the same time that Cresap was set at liberty at Phila- delphia, by virtue of the said order.

Charles Higginbotham, in the year 1748, made claim to the land in the possession of Nicholas Perie ; that on the 2d of May, 1737, there had been surveyed to him, by order from the land office of Maryland, a tract of land on the north side of the Codorus Creek, by metes and bounds containing 172 acres. On the 5th of May, Lord Baltimore confirmed by patent the land to Higgin- botham. At the hearing before the Prov- incial Council, it appeared that Higgin- botham had never been in possession, nor any under him, and that he had never seen the land, but that Perie was arrested on the tract and carried to Annapolis jail for refus- ing to hold under Lord Baltimore, though his land was surveyed by a Maryland war- rant. Colonel White testified to having made surveys at the instance of some Ger- mans who had obtained warrants from the land office at Annapolis, but did not re- member ever to have seen Perie. The Ger- mans, he said, after the survey of their lands refused to pay for them, being as they pretended within the Province of Pennsyl- vania, and Lord Baltimore gave him direc- tions to return the surveys of those lands to any person who would apply for them. Captain Higginbotham applied and Colonel White returned the survey of this land to

Nicholas Perie was one of the The Germans who had been con- Case of firmed in the possession of his his use, and the patent issued. The council land by a grant from Thomas on the IIth of April, 1748, were unani- Perie. Penn, in the year 1736. This mously of the opinion that the Royal Order

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absolutely, under the facts of the case, re- strained them from dispossessing Perie, and so Governor Ogle was informed by letter.

AGREEMENT OF 1760.

The provisional arrangement under the order in 1738, was simply for the preserva- tion of the peace between the provinces. The pending proceedings in chancery re- sulted, May 17, 1750, in the decree of the Lord Chancellor, that the agreement of 1732 shall be carried into specific execution. The Commissioners appointed by each party under this decree met on the 13th of November, 1750, and agreed on a centre in Newcastle, Delaware, from whence the twelve miles radius were to proceed. But a dispute arose concerning the mensuration of these twelve miles. The Commissioners of Lord Baltimore alleged that the miles ought to be measured superficially. The Penn's Commissioners alleged that consid- ering the various inequalities of the ground, such radius could not extend equally, con- sequently from them, no true arc of a circle could be found, and insisted upon geomet- rical and astronomical mensuration. Thus the proceedings of the Commissioners stopped and they wrote to their respective principals for further instructions relating to that point.

In the meantime. Charles Calvert, the fourth Lord Baltimore, died, and was suc- ceeded by his son, Frederick, and there were further proceedings in chancery, bill of review and supplemented bill. At length, on the 4th of July, 1760, the final agreement between the proprietaries of Pennsylvania and Maryland was executed. It recites the original charters to Lord Baltimore and William Penn, and refers to the very long litigation and contest which had subsisted from 1683, and the many orders in council pronounced relative thereto. The agreement of the 10th of May, 1732, is given at length, and the de- cree of the Lord Chancellor and other pro- ceedings. And after its long recital says :

" Whereas, the parties to these presents, Frederick, Lord Baltimore, and Thomas and Richard Penn, have come to an ami- cable agreement in manner as hereinafter mentioned," and then proceeds to describe and make provisions for fixing the circle and running the line, and provides for the

attornment of the tenants and occupiers of the lands under the respective proprietors. This agreement of 1760 was enrolled in chancery in England. The original is now deposited with the secretary of the Com- monwealth of Pennsylvania.

MASON AND DIXON'S LINE.

The Commissioners appointed under this last agreement met at Newcastle, Delaware, the 19th of November, 1760, and entered upon their duties. From November, 1760, to the latter part of October, 1763, the Commissioners and surveyors were labor- ing in attempts to trace out the radius of twelve miles, and the tangent line from the middle point of the west line across the peninsula. As late as the 21st of October, 1763, no practical solution of this problem had been effected, though there was a close approximation to the true tangent. On the 22d of October, 1763, the Pennsylvania Commissioners informed the Maryland Commissioners that they had lately re- ceived a letter from the proprietors of Penn- sylvania, dated the 10th of August last, ac-, quainting them that they and Lord Balti- more had agreed with two mathematicians or surveyors to come over and assist in running the lines agreed on in the original articles, who were to embark for Philadel- phia the latter part of August, and that their arrival might soon be expected. On the Ist of December, 1763, the articles of agreement were read between Lord Balti- more and Thomas and Richard Penn. and Charles Mason and Jeremiah Dixon, who superceded the former surveyors in the marking out of the boundary lines. They immediately entered upon their duties, and were employed in tracing and marking the lines until the 26th of December, 1767. when they were honorably discharged.

To ascertain the most southern point of the city of Philadelphia, the Mayor and Re- corder, and two of the city regulators, on the 3d of December, 1763, went with the Commissioners and Mason and Dixon to the street called Cedar or South Street, the south side of which street the Mayor, Re- corder and regulators informed the Com- missioners to be the southern boundary of the limit of the city. By which information and a view of some old deeds of lots bound- ing on Cedar Street, and of a plate of the

HISTORY OF YORK COUNTY, PENNSYLVANIA

city, the Commissioners were satisfied that the north wall of a house, then occupied by Thomas Plumstead and Joseph Huddle, was the most southern part of the city of Philadelphia. The latitude of the north wall of this house was determined by Mason and Dixon from astronomical observations, in 1764, with a zenith sector, to be 39 de- grees, 56 minutes, 29.1 seconds. The point, fifteen English statute miles due south of that parallel, was computed to be in latitude 39 degrees, 43 minutes, 18 seconds. This was computed by Colonel Graham, in 1850, from knowledge of the dimensions and fig- ure of the earth to be in latitude 39 degrees, 43 minutes, 26.3 seconds. From the north- ern extremity of the said due north line, a line was to be run due west, continuing upon a parallel of latitude until the western limits of Maryland and Pennsylvania should respectively be reached, which, in the case of Pennsylvania, was defined to be five de- grees of longitude west of the .Delaware River. On the 24th of November, 1764, the Commissioners agreed that the post set up by Mason and Dixon, and by them marked west, shall be deemed and accounted fifteen miles south of the parallel of the most southern bounds of the city of Philadelphia. and that Mason and Dixon shall be in- structed immediately to proceed in running the west line directed by the articles from the said post until it reaches the River Sus- quehanna, where an observation shall be made by them, and stones shall be set up and marked with the arms of Lord Balti- more on the one side and the arms of the proprietors of Pennsylvania on the other, as the articles require and direct.

The Line

On the 17th of June, 1765, the Commissioners gave

West of the Mason and Dixon instruc- Susquehanna. tions to proceed with the running of the west line westward of the Susquehanna as far as the provinces of Maryland and Pennsylvania were settled and inhabited. The consent of the Indians had to be obtained to the line being continued. On the 16th of June. 1767. Sir William Johnson, his Majesty's agent for Indian affairs, had obtained the consent of the Indians to the tracing of the west line to its western extremity, that is to say, till it should reach to a distance of five de- grees of longitude west from the River

Delaware. On the 18th of June 1767, the Commissioners, in giving the surveyors in- structions for continuing the west line, cautioned them in regard to a conciliatory and proper conduct toward the Indians. On December 25, 1767, the surveyors had ex- tended the parallel of latitude to the distance of 230 miles, 18 chains, 21 links from the beginning of said line, and 244 miles, 38 chains, 36 links from the River Delaware near to a path called the Indian war-path, on the borders of a stream called Dunham's Creek, but that they were pre- vented by the Indians deputed to attend them by Sir William Johnson from continu- ing the said line to the end of five degrees of longitude (the western limits of the Prov- ince of Pennsylvania), which in the latitude of the said line they found to be 267 miles, 58 chains, 90 links-the said Indians alleg- ing that they were instructed by their chiefs in council not to suffer the said line to be run to the westward of the said war-path. Colonel Graham notes that, from better knowledge of the dimensions and figures of the earth, the five degrees of longitude should be computed to be equal to 266.31 miles, or 266 miles, 24 chains, and So links. On the 26th, the Commissioners approved the conduct of the surveyors in desisting from running the parallel upon the opposi- tion made by the Indians; and they agreed to discharge Mason and Dixon from their service, they having finished the lines they had been sent over by the proprietors to run.

The final report of the Commissioners was made to the proprietaries of the two provinces on the 9th of November, 1768, in which, among other things, in reference to the due east and west line fifteen miles due south of Philadelphia, they reported that they had extended the same 230 miles, 18 chains, and 21 links due west from the place of beginning, and 244 miles, 38 chains, and 36 links due west from the River Delaware, and should have continued the same to the western bounds of the province of Pennsyl- vania, but the Indians would not permit it. They marked, described and perpetuated the said west line, by setting up and erecting thereon posts of cut stone about four feet long and ten or twelve inches square, at the end of every mile, from the place of begin- ning to the distance of 132 miles, near the

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THE BOUNDARY LINE

foot of a hill called and known by the name the annals of our country, and surveyors to of Sideling Hill, every five miles stone carry out the agreement of the proprietary governments of 1760, but finally enlisted the services of those distinguished mathe- maticians, Mason and Dixon. The report of Col. Graham, from which the preceding account is gathered, presented a general view of the scientific operations of Mason and Dixon, and of their predecessors, in tracing the various lines which constitute important portions of the boundaries of the states. He investigated the notes of Mason and Dixon, which were in the archives of the State of Maryland. having on the side facing the north the arms of the said Thomas Penn and Richard Penn graved thereon, and on the side facing the south. the arms of Frederick, Lord Balti- more, graved thereon ; and the other inter- mediate stones are graved with the letter P on the north side and the letter M on the south side. These stones were prepared in England, and sent over as the line pro- gressed. Thirty-nine of them were placed along the southern boundary of York County, and are mostly well preserved. They were of that species of limestone known as eolite.

The country to the westward of Sideling Hill being so very mountainons as to render it in most places extremely difficult and ex- pensive, and in some impracticable, to con- vey stones or boundaries, they had marked and described the line to the top of the Alle- gheny ridge, which divides the waters run- ning into the Rivers Potomac and Ohio; they raised and erected thereon, on the tops and ridges of the mountains, heaps or piles of stones or earth from about three feet and a half to four yards in diameter at the bot- tom, and from six to seven feet in height ; and that from the top of the said Allegheny ridge westward, as far as they continued the line, they set up posts at the end of every line, and raised around each post heaps or piles of stones or earth.

During the administration Commissioners of William F. Johnson, Appointed.

elected Governor of Penn- sylvania in 1849, commis- sioners were appointed by the Gov- ernors of the States of Pennsylvania, Delaware and Maryland to ascertain and refix the boundaries where those states join each other. Joshua P. Eyre was ap- pointed on the part of Pennsylvania; George Read Riddle, on the part of Dela- ware ; Henry G. S. Key. on the part of Maryland, and Lient. Col. James D. Gra- ham, of the United States Topographical Engineers, was detailed by the War Depart- ment at the request of those states for that particular service. In their report they say that they saw that much science and many intricate mathematical problems were in- volved, that not only required the talents of men as Commissioners distinguished in

The boundary Commissioners and Col. Graham proceeded to the northeast corner of Maryland, or point of intersection of the due north line with the parallel of latitude fifteen miles south of the parallel of the most southern limit of Philadelphia. This point is in a deep ravine, on the margin of a small brook and near its source. The stone monument, with the arms of Lord Balti- more and Thomas and Richard Penn graven thereon, which had been placed by Commis- sioner Ewing, by order of the Board of Commissioners in 1768 to designate this point, was missing. From the tradition of the neighborhood, it appeared that some years ago after it had fallen nearly prostrate from its place, owing to the encroachment of the stream, upon whose margin it stood, some individual had taken it away for a chimney piece. A stake was found firmly planted in the ground, which they were in- formed by the neighbors near by occupied its place. In examining the tangent and curve the report says: " With a radius of twelve miles, such a curve is so flat that it is difficult in walking over ground intersected with forest timber, fences and other ob- structions to distinguish without the aid of instruments the deflections of the lines con- necting monuments on its circumference nearly a third of a mile apart." An impres- sion prevailed in the neighborhood that the stone originally planted at the point of in- tersection of the due north line with the arc of the circle of twelve miles radins, cor- responding with the true point of junction of the three states of Pennsylvania, Mary- land and Delaware, was also missing. The true position of the lost monument was found, and they marked and perpetuated it by planting a new monument. In making

HISTORY OF YORK COUNTY, PENNSYLVANIA

the excavation at the depth of about three of the U. S. Survey Office afforded dis- feet below the surface a cut stone unmarked

tances, and the accuracy of the Mason and was found of precisely the same form, di- Dixon Survey was closely tested. The ra- mensions and quality as the unmarked stone dius of twelve miles had been determined by the simple method of measuring over the surface of the ground with a surveyor's chain, for which purpose a vista was opened through the forest as the work progressed. (The line is stated to have been measured horizontally-the hills and mountains with a sixteen and a half foot level; and the vista cut through the forest eight yards wide, was " seen about two miles, beautifully ter- minating to the eye in a point.") on the arc of the circle, and at the intersec- tion of the circle with the due north line. In turning to the proceedings of the Com- missioners under the dates of the 17th and 18th of June, 1765, it was found that such a stone was placed by them to mark that point. It was not until the year 1768, that a second stone, marked with the arms of the proprietaries, was also placed at that point. It was within the memory of the neighbor- ing inhabitants that the stone which stood at this point in a tottering posture, to within a few years of 1849, bore the arms, so often described, upon it. The unmarked stone of 1765 had, says the report, probably been buried at the base of the one bearing the arms, when the latter was placed at the same point by Commissioner Ewing, in 1768. The evidence afforded by the disin- terment of the old stone showed that the point fixed upon was the northeast corner of Maryland, corresponding with that origi- nally established by Mason and Dixon. The new stone remarking this important point was planted with its base resting on each, about five feet below the surface of the ground, and its top rising about two feet above the ground. It is of cut granite and of the following dimensions, viz .: about 7 feet long, and squares 16 by 18 inches. It is marked with the letter M on the south and west sides, and the letter P on the north and east sides. Under this letter, on the north side the date 1849 is engraved in deep cut figures.

There were striking dis- Discrepancies crepancies between some of Observed.

the measured distances in 1849 and those of Mason In regard to Delaware, and Dixon.

an impression

prevailed among her citi-

zens that considerable portion of a her territory had been abstracted by the curtailment of her rightful radius of twelve miles around Newcastle. It was de- termined that the actual length of the radius or distance from the spire of the court house at Newcastle (the centre of the town) to the same point on the curve as marked by the old monuments, should be accurately ascertained by triangulation. The records eleven miles in running this radius from

It was a surprise that the length of the radius should have been so correctly ob- tained by such a method. The report says : " There must have been, by mere chance, a compensation of the errors incident to such a measurement over so great a distance." For it appears that the angle formed by the north line and the radius from Newcastle was so near a right angle, that the mark or post was declared the true tangent point, but the angle was never actually measured. The report further says: " the tangent stone stands on low ground, very near the margin of a morass, known by the name of Cat Swamp. Looking from thence to the east, the ground is pretty flat for half a mile, and then it rises by a rapid ascent to the ridge running northward from the summit of Chestnut Hill, distant one mile. This ridge entirely shuts out the view of the whole country to the east of it from the tangent stone and must, at least, have limited the view of the radius when the angles it formed with the tangent and north lines were measured by Mason and Dixon. Those angles were then probably affected by whatever errors in direction may have arisen in running eleven miles from New- castle."

It was then ascertained that the tangent line did not form a right angle with the radius of twelve miles drawn from the spire of Newcastle Court House to the point oc- cupied by the tangent stone. The angle, at the tangent stone formed by these two lines, differs 8 minutes 32.9 seconds from a right angle. It was found by computation that the small deviation of 46.5 seconds in direction, or thirteen feet, one and one-half inches, from a straight line at the end of

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THE BOUNDARY LINE

Newcastle Court House, would be sufficient to produce the difference in the measure- ment of the angle at the tangent post, suip- posing the view to the east to have been limited to the distance of one mile, as it evi- dently must have been from the nature of the ground. "Even this is indicative of a very small error in direction in tracing this radius, when we reflect that it was pro- longed through the forest by ranging staves or poles in line one beyond another, as the surveyors advanced with their work; a method, so inaccurate for tracing a straight line that we are surprised it should have been resorted to in so important an under- taking. This was not, however, the work of Mason and Dixon, but of their predecessors, who were less versed in science and the use of the higher order of geologic instruments than were Mason and Dixon."

The arc of the circle west of The Arc the due north line and the of the radius terminating in the tan- Circle. gent stone, were traced and de- termined correspondent with one and the same centre, by the surveyors under the agreement of 1760 and those of 1849, that is to say, the spire of the court house at Newcastle. The decree of Lord Hardwicke, of 1750, touches these two points, and the position of Cape Henlopen. The discrepancies in regard to the arc of the circle west of the due north line and the angle formed between the radius and the peninsular or tangent line, at the tangent stone, cannot be attributed to any difference respecting the centre of the circle. The radius run out by the surveyors, in 1761, indicated by a line drawn from the spire of the court house in Newcastle, to the position to the tangent stone, should be re- volved about the centre of its circle (the spire aforesaid), through an arc of 8 min- utes and 34 degrees and one-tenth of a sec- ond to the south, and then produced two feet. four inches westward, and the line called the tangent line, should be revolved westward about its southern extremity, at the " middle point " of the Cape of Henlo- pen line through the inappreciable angle of one minute 2 seconds, and then these two lines would meet at right angles, at the distance of 157.6 feet southward from the present position of the tangent stone. The slight variation thus required in the azimuth

of the tangent line proves the surprising ac- curacy of its direction as determined by Ma- son and Dixon, and how truly it divided the provinces, in accordance with the articles of the ancient agreement, as far as it extended, which is given by Mason and Dixon in their notes of survey to be 81 miles, 78 chains and 31 links, or 17.2 yards less than 82 miles. The cord of the arc of the circle west of the north line should have begun at a point 157.6 feet southward of the present position of the tangent stone, and have ended at a point 43.7 feet north of the present position of the stone set by Mason and Dixon, and the Commissioners of their day, to mark its termination, and constituit- ing now the point of junction in the three states.

The report says: " It is our opinion that the stones on the arc, west of the north line, stand as originally placed." The tangent stone could never have been moved from its original position, and that stone and the in- tersection stone remain in the positions given to them by the surveyors in 1765. They both stand upon their proper lines of direction, which would have been scarcely preserved had they been removed by mis- chievous interference. The tangent stone stands precisely upon the same right line, with the three monuments to the southward of it on the tangent line, and the intersec- tion stone stands as truly on the north line. Those who believed that the tangent stone had been disturbed in its position because of the fragments of stone of a similar char- acter which for some time lay strewed at its base, were not carried so far back by tradi- tion as the period when this point was marked by two similar stones engraved alike by the arms of the proprietaries, and placed side by side, "the better to distinguish and ascertain the tangent point.

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History of York County Pennsylvania, Volume I, Part 16

Author: Prowell, George R. Publication date: 1907 Publisher: J. H. Beers Number of Pages: 1372

Author: Prowell, George R.
Publication date: 1907
Publisher: J. H. Beers
Number of Pages: 1372