Southern Boundary of Maryland. /S> li- .•i a // CL SOUTHERN BOUNDARY OF MARYLAND. L^j //> ^ 1. SOUTHERN BOUNDARY OF MARYLAND. To His Excellency, GOVERNOR HICKS, Sir: Agreeably to your desire that I should prepare a Map of our Southern Boundary, to exhibit for general information, the position of the lines between Smith's Point and the Atlantic, as defined in the Act No. 385 of the last General Assembly, I have the honor to submit the annexed Map to which I have taken the liberty to add the following remarks in explanation : The original grant of the Province of Maryland to Lord Baltimore, included "all that part of the Penin- sula or Gliersonese, lying in parts of America, between the Ocean on the East, and the Bay of Cltesopeahe on the West; divided from the residue thereof by a right line drawn from the promontory or head land called Watlnyi^s Point, situate upon the bay aforesaid, near the River Wighco, on the West, unto the main Ocean, on the East ; and between that boundary on the South, unto that part of the Bay of Ddaicare on the North, which lieth under the fortieth degree of North Lati- tude from the equinoctial, where New England is ter- minated; and all the tract of that land within the metes underwritten, {that is to say,) passing from the said bay, called Delaware Bay, in a right line, by the degree aforesaid, unto the true meridian of the first fountain of the River Pattowmach; thence verging towards the South, unto the farther bank of the said River, and following the same on the West and South, unto a certain place called Cinquach, situate near the mouth of said River, when it disembogues into the aforesaid Bay of Gliesopeahe, and thence by the short- est line unto the aforesaid promontory or place called Watldu^s Point, so that the whole tract of land divided by the line aforesaid, between the main Ocean and Watkin's Point, unto the promontory called Cape Charles, may entirely remain for ever excepted to us," etc., so that the southern boundary of the grant was composed of two straight lines, the first course and the closing line of the above description; a line from Watkin's Point East to the Sea, and a line from the southern point of the mouth of the Potomac to Watkin's Point. The location of these lines depended simply upon the position of these two points. The present boundary, however, between Maryland and Virginia, on the Eastern Shore, does not conform to this, but follows Pocomoke Bay from Watkin's Point to a short distance up Pocomoke river and runs thence to the Sea by a line inclined to the north of east. Until recently all existing Maps of Maryland and Virginia erroneously placed the north shore of Poco- moke Bay so much too far to the north as, in some degree, to conceal this want of conformity with the provisions of the Charter ; as upon these Maps, the present boundary between Worcester, Maryland, and Accomac, Virginia, if produced westwardly from Poco- nioke River to Chesapeake Bay, would pass for almost the whole distance, over the northern portion of Pocomoke Bay. But as the correct topography of this region came to be better developed, these errors became more and more apparent, and gave rise to much uncertainty as to the true location of the line. The time and manner of its early settlement appeared to have been almost forgotten, and the old question of the locality of Watkin's Point was revived; for this point being of no use in the navigation of the Chesa- peake, is not known to Pilots, and has only retained its name and importance from its connection with the bounds of the vState, and of Somerset County. To remove these uncertainties, the Legislature, in 1852, requested the Governor to open a coi'resi)cn- dence with the Gi-overnor of Virginia, inviting him to appoint a Commissioner, who, with one to be appointed from this State, should retrace that portion of the boundary between the two States lying "between Smith's Point and the Atlantic," and mark it by the erection of suitable monuments. A similar Act was passed at the same session, with reference to our Western Boundary, 6 This request was not responded to by Virginia until 1858, when an Act passed her Legislature correspond- ing very nearly with these two Acts of Maryland. The Governor of Virginia, in compliance therewith, ap- pointed Angus W. McDonald, Esq., and the Governor of Maryland, the undersigned, Commissioners to carry the provisions of these Acts into effect. Unfortunately, both the Maryland Acts and that of Virginia, the provisions of which appear to have been copied from them, were too indefinite. The duty required of the Commissioners, with respect to this Southern line, was to retrace and mark the boundary " between Smith's Point, at the mouth of the Potomac, and the Atlantic." The intermediate point was not defined, and their progress was at once embarrassed by the question of the locality of Watkin's Point. It was obvious that further legislation would be neces- sary before the line could be established. They there- fore concluded to obtain, in addition to the evidence already at hand, the best local information by an actual survey of the vicinity of the boundary; to lay the whole before their respective Legislatures for their action thereon, and to proceed to trace and mark the Western Boundary, the initial point of which was now well defined. The Commissioners obtained by application to the Secretary of War at Washington, the services of Lieut. N. Michler, U. S. Corps of Topographical Engineers, to aid them in the discharge of these duties ; and they subsequently instructed him, as a preliminary step, to make a minute survey of the vicinity of the whole boundary, preparatory to the final location and mark- ing of such lines as might be agreed upon. The annexed Map is a compilation upon a reduced scale from the Maps, seventeen in number for each State, prepared in conformity with these instructions, at the joint expense of the two States. These Maps, together with a joint report from the Commissioners and a report from Lieut. Michler, were submitted to the Legislatures of the two States at their last Sessions; as were also estimates for such appropriations as were deemed necessary to complete the surveys commenced but not finished, on our Western Boundary, and for "the erection of perma- nent and prominent monuments to mark such Boun- dary Lines as said States may concur in establishing." Li the House of Delegates of Maryland the subject of both the Southern and Western Boundaries, was referred to a special Committee, consisting of Messrs. Long and Dennis, of Somerset; Messrs. Gordon and Barnard, of Alleghany ; and Mr. Jacobs, of Worces- ter, who, to carry out this recommendation of the Com- missioners, reported a Bill, which jDassed both Houses, to define and establish the Southern and Western Boun- daries of the State, and making appropriation " for completing the survey and record of the same.'' The only action had upon these reports in the Legislature of Virginia, was the jjassage of a resolu- tion authorizing the payment of her proportion of the expense of erecting suitable monuments along the present divisional line between Worcester Count}^ Maryland, and Accomac County, Virginia, and along the prolongation of this line westwardly, over Somer- set County to the Bay. The Commissioner for Vir- ginia was also despatched to England to seek for documentary evidence bearing upon the location of this and other boundaries of his State. The declaratory Act of the last Session of our Legislature was passed, as a matter of course, as the next step in the proceeding of retracing and marking these Lines. But this resolution of the Legislature of Virginia, by assuming that the North shore of Poco- moke Bay is within her limits, calls into question the early settlement of this boundary by the two colonies, and puts an end to the further progress of the present Commission. Thus, in spite of our earnest efforts, the execution of our Act of 1852, must still be left to future negotiation between the States. A Line established in strict accordance with the grant to Lord Baltimore, would throw a larger area from the Northern part of Accomac into Maryland, than it would from the Southern part of Somerset into Virginia, and our State would be much the greater gainer of the two ; but the residents in the vicinity of the Line, who are, after all, the only ones really interested, desire no change, and none was contem- plated in the appointment of the present Commis- sioners ; whose duty was not the discussion of ques- tions of boundary, but simply the renewing of such landmarks as were either lost or destroyed upon a 9 long established Line. It is to be hoped, therefore, that after a more careful examination of the subject, Virginia will be disposed to reconsider this resolution; the execution of which is uncalled for, and even if it wore lawful and just, would force a change of limits where none was contemplated or desired on either side. The early adjustment of this boundary by the two Colonies, its actual position, the apparent inconsisten- cies in its location, and the reasons for the definitions contained in our Act of 1800, may be thus briefly explained. It is alleged and proved in tlie Bill in Chancery filed, in 17o5, by the Penns in their controversy with Lord Baltimore, that the description of the bounds of the Province in the Charter, was framed by the aid of Captain John Smith's History and Map of Virginia. The Map was the only one extant in 1632, at the time of granting the letters patent, that contained all the names of the several places therein mentioned. ])ut in those, the two named Wiglico and Wighcocomico are confounded, giving rise at the outset to uncertainty in the locality of the River Wighco, which, in its turn, threw the position of Watkin's Point into doubt ; and among the various sources of territorial controversy in which Maryland has been involved, the first, after the claim of Virginia to the Province of Maryland had l)eon put to rest, was the locality of Watkin's Point upon whicli depended the true location of the Boundary upon the Eastern Shcn-c of the two Colo- 2 10 nies. It was at last conceded that what Smith desig- nated as the Wighco on his map, was the Pocomoke, and that the real River Wighco or Wighcocomico, the two being identical, lay further North, and emptied into the Chesapeake above Watkin's Point. These disputes began about the year 1 661. At that early day, settlements had already been made at Manokin and Annamessex. The Proprietary's Gov- ernor commissioned certain persons to grant warrants, under favorable conditions, for land near the Line, which excited the jealousy of the Virginia Colonists, resulting in inroads into Maryland territory, and con- tinual border troubles. These were not ended until, at the instance of the Governor of Maryland, Com- missioners were appointed who, in 1668, determined the location of Watkin's Point, marked the Boundary on the Eastern Shore of the Bay, and adjusted every thing that concerned the rights of those patentees or settlers whose situation became changed. The articles of agreement of these Commissioners, and other documents connected with this negotiation are, fortunately, still extant in the old Council Chamber Records now in the Maryland Historical Society's collec- tion of State papers, in the volume marked 4, L. C. B., pages 63 and 64, from which the following is copied: Articles of Agreement between Philip Calvert, Esqr. Chancellor of Maryland, deputed by the honble, the Governor of the said province, to treat and Conclude upon the Bounds of the said provs., and Col. Edmund Scarbrugh, his Majesty's Surveyor General, of Virginia, Authorised and Commanded to lay out the Bounds of Virginia. Whereas, his Royal Majesty's Commifsipn to the Surveyor Genl. of 11 Virginia, Commands, setting out the Bounds of Virginia, witli a Refer- ence to his Majesty's honble Governor & Council of Virginia, trom time to time to give advice and Order for dircfting the said Surveyor General to do his duty appertaining to his Office; in order thereunto, his Majesty's honble Governor and Council have by Letter moved the honble the Lord Baltimore's Lieut. General of Maryland, to appoint some fitting person to meet upon the place called Watkin's Point with the Surveyor General of Virginia, and thence to run the divisionall Line to the Ocean Sea, &ca.; the honble Philip Calvcrtj Esq. Chancellor of Maryland, being fully impowred by the honble Lieutenant General of Maryland, and Edmund Scarbrugh, his Majesty's Surveyor General of Virginia, after a full and perfcft view taken of the point of Land made by the North side of Pocomoke Bay and South side of Annamcs- scxs Bay, have and do conclude the same to be Watkin's point, from which said point so called, we have run an Eail Line agreeable with the extreamcll part oi' the Westermoil Angle of the said Watkin's point, over Pocomoke River to the Land near Robert Holllon's, and there have marked Certain Trees, which are so Continued by an Eall Line Running over Swansecutcs Creekc into the Marfli of the Sea Side with apparent Marks and Boundaries, which by our mutual agreement, ac- cording to the qualifications aforesaid are to be Received as the Bounds of Virginia and Maryland on the Eastern Shore of Chesopeak Bay, in Confirmation of which Concurrence, [wc] have set to our hands and seals this 25th day of June, 1668. Signed, PHILIP CALVERT, Seal. EDMUND SCARBRUGH, Seal. Thus, notwithstanding their precise definition, the bounds here established by authority of the Crown and consent of the Lord Proprietor of the Province, and to which Maryland has held for nearly two Cen- turies, are not in accordance with the provisions of her charter. It appears from this document that these Commissioners marked no trees AVest of the Poim^- 12 moke. The Boundary they established by "markmg certain trees" began "over Pocomoke Hiver," on the "land near Robert Holston's," and was continued by marked trees, on what they deemed an east line to the sea side. So it stands at this day. Lieut. Michler, in the course of his survey's, found and identified many marked trees on the East of the Focomoke, but none between that River and the Bay. We have no means of ascertaining, perhaps owing to the loss of some of the Council Chamber Records embracing several years between 1666 and 1692, why it was that in this agreement the provisions of the Charter of Maryland were not strictly followed, and why the Surveyor General of Virginia, acting in obedience to a Royal Commission commanding the "setting out" the bounds of his Province, established the divisional Line as we now find it; but we have clear evidence that the Act was well understood, and was accepted by the authorities of the two Provinces, from subsequent allusions to it in our Council Chamber Records, from the ftict that it quelled all disturbances at the time ; and from the Records of our Land Office, in which are found patents for land lying on the JN'orth Shore of Pocomoke Bay, (south of the prolongation, westwardly of the present Line between Worcester and Accomac,) granted by the Lord Proprietor in 1669, 1672, 1676 and 1680, when these Boundary disputes and their final settlement were fresh in the minds of all. In instructions to his son Charles, dated 13 London, 21 March, 167U, l^ord Baltinioi-e directs tluit he "should forthwith make good all articles made by our dear brother, Philip Calvert, Esq. on his Lord- ship's behalf, and Colonel Edmund Scarbrugli, upon laying out the bounds between his Lordship's said Province, and the Province of Virginia, in relation to th(? grant of any land, etc.," alluding to other articles of agreement, also made June 25, 1608, between those Commissioners, to the elTect that each Province should make good any grant previously made, whose situation became changed by the Boundary they established. It would be strange if, with such positive instructions to confirm these agreements, Lord Baltimore's Gover- nor should, at almost that very time, issue patents for land actually in Yirginia. But these patents have never been called into question; and some of the lands are still in the possession of the descendants of the original grantees. As to the direction of the Line East of the Poco- moke, we are enabled to account for its inclination to the North of East, from recent investigations into the secular changes in the magnetic declination on the Atlantic Coast, made under the direction of the Super- intendent of the U. S. Coast Survey, and to perceive why it is that the trees marked by these Commis- sioners did not follow a due East course. The general direction of the marked trees identified by Lieut. Michler is 6° 15' to the North of East. The probable variation of the needle in the year 1668, from these 14 investigations, is 4° 54' West. A coincidence suffi- ciently close, considering the imperfections of survey- ing instruments at that day, and the means at their command for the accurate determination of the true meridian, to place it beyond doubt that they must have run this Line by Compass, without an allowance for the variation as it then existed. That they in- tended it to have been an East Line, is expressly stated in their agreement. Thus it is that we find the divisional Line on the Eastern Shore, extending only partly across the Penin- sula, and having a northerly inclination. These Commissioners were only "deputed" to "treat and conckide " upon the bounds of the two Provinces on the eastern side of the Bay. There is no evidence that the Line across the Bay was ever established by the concurrent action of the two Colonies, The place called Glnquaclx, in the Charter of Maryland, corres- ponds to what is now Smith's Point, at the mouth of the Potomac, and is expressly acknowledged to be such in the compact of 1785, between Maryland and Yir- ginia. Thus, in the tenth Article, * * * "all piracies, crimes or offences on that part of Chesapeake Bay which lies within the limits of Yirginia, or that part of the said Bay where the Line of division from the South point of Patowmack River (now called Smith's Point) to Watkin's Point, near the mouth of Poco- moke River, may be doubtful." * * * * This doubt as to the Line of division across the 15 Bay, was made apparent in a trial in Somerset County Court in 1848, in which was disclosed much diflerence of opinion as to its position. An endeavor was made to shew that the Line crossed Smith's Islands, by pro- ducing a patent for a tract of land upon those Islands called Pltchcroft, which called, as its southern boun- dary, for the Line between Maryland and Virginia, running Westivom. the "Sound "to the Bay. No Line running West over any part of Smith's Island, (even with the variation of the needle as it was in 1679,) will reach Smith's Point at the mouth of the Poto- mac, and the call of this patent is impossible. The imperfect knowledge at that da}'', of the actual bcai'ing of such distant points, must have made the cotirsr adopted by this Surveyor almost conjectural. The patent simply proves his impression as to the locality oi' the Line. It mattered little then or since, as all south of his Line is marsh and uninhabitable. It is fair to presume that tradition would have supplied the evi- dence, if none other could be found on tliis trial, had this Line ever been actually established. Smith's Point is described in a grant of land from Sir Wm. Berkeley to Samuel Smith, dated 18 March, 1650. It is understood to comprise the area of the reservation from A'irginia for the purpose of a Light House. The point Avithin this area, from which the Line across the Bay is to be drawn, is of little conse- quence. In the accompanying Map it is assumed as the Light House itself, and the Line is drawn so as to 16 fulfil the conditions of its description in the Charter of Maryland, by being made the "'shortest Line unto Watkin's Point," that is the shortest Line to "the point of land made by the North side of Pocomoke Bay, and the South side of Annamessex Bay." 'So far, then, from there being a necessity or any good reason for the change which this resolution of the Legislature of Virginia proposes in the existing Boun- dary between the States, it appears on the contrary, that the Boundary on the Eastern Shore of the two Colonies was established in the year 1668, by Com- missioners duly appointed for that purpose ; That the agreement between those Commissioners was accepted as final by the Crown and the Lord Pro- prietor of the Province ; That these Commissioners declared "Watkin's Point" to be that whole body of land lying between the North side of Pocomoke Bay and South side of Annamessex Bay, now Big Annamessex River; That they marked and established the present divi- sional Line between Worcester County, Maryland, and Accomac County, Yirginia ; That they declared this line to be the bounds of Virginia and Maryland upon the Eastern Shore of Chesapeahe Bay; That this Line was intended by them to have been an East Line, and is so called in their agreement, and that its inclination is so nearly the magnetic variation in that locality at that period, that they must have 17 traced this Line by Compass without due allowance for variation as it then existed ; That the error they committed in the direction of this Line has deprived Maryland of some 23 square miles of the Northern part of Accomac County, Vir- ginia, which should have been included within her limits ; That they neither marked nor established a line of Boundar}^ across any part of what is now Somerset County, Mar3dand; That they established the Boundary between the two Colonies, East of the Chesapeake, precisely as it now exists, and they designed that the Southern limits of Maryland should extend to Pocomoke Bay; That these Commissioners were "qualified" to fix the "bounds of Maryland and Virginia" upon a neces- sity for so doing, and fixed and established the ivlioJe Boundary across the "Peninsula or Chersonese," by a marked Line between the Pocomoke and the " marsh on the Sea side," run East by Compass, "agreeable with," not from but in the direction of, '' \\\q extreamest part of the Westcrmost angle of Watlin^s Point;''^ That altliough the true Boundary between the two States should be a parallel of Latitude from Watkin's Point, and such Line would add to the territory of Maryland, the Act of 1852 simply invited Virginia to join in " refixing and renewing" such "landmarks ns were either lost or destroyed," and (Hd not look to any change in tlie present Hniits ol' the State ; 3 18 That the Line across Chesapeake Bay was never located nor estabhshed by the concurrent action of the two States or Colonies, and that it is and should be, as defined in the Charter to Lord Baltimore, the sliortesf Line between Smith's Point and Watkin's Point. With much respect, THOMAS J. LEE. Ellangowan p. 0. Baltimore County, September 19, 18G0. APPEJMDIX Extract frnin Lie at. Michler^s Report to tlic Goinmi>i- sioncrs, Dec. 20th, 1859. * * * Some of the marks consists of old blazed trees, such as Oak, Hickor\-, Gum, Cherr}', Persimmon, IMulberry and Sycamore. * * * Other marks of the Line are to be found cither in Country Roads or Lanes, or in divisional fences of neighboring farms, or in gates or sometimes in houses^ known and admitted to be such by all persons irrespective of State, the localities being handed down from one gene- ration to another. * * * Along the whole length of the Line from Chincoteaque to the Poeomoke Uiver, a distance of between twelve and thirteen miles, there were existing of such marks at the time of the survey, thirty-three trees, one gate, the site of the ruins of an old house standing at the time the Scarbrugh Line was run, two State roads located on the Line, making in all an average of one mark for every half mile. At the end of each day, a rough field plat was made of the work done ; and these marks, when laid down on the jMaps, were found to be nearly in the same straight line; tlie general direction furnished the course. * * * Two only of these marks are at any distance from this straight line, and these not more than three hundred and fifty feet. * * * * * * The azimutli or direction of this Line was 5° 15' North of East. * * * * The second sheet of the General Map exhibits the fact that the Line between Chiucoteaque Bay and the Poeomoke River when prolonged across the latter River, and along and near the North Shore of Poeomoke Bay to Tangier Sound, represented on the second drawing by a brokeu red line, reaches the Sound at the westernmost point of James' Island, about five hundred foot South of the Coast Survey signal planted on this Island. No Boundary marks of any kind were found West of the Poeomoke River. 20 List of some Patents granted for Land in Somerset County, on the South side of the prolongation Westivardly of the Line 0/ 1668. From the Records of the Land Office at Annapolis. 1662. 150 acres to John Horsey, Watkiri's Point. 1669. 200 acres to John Kirk, KirTe's purchase. Running to Pocomoke Bay Shore. 1672. 150 acres to John Hill, HiWs Folhj. 1676. 200 acres to Wm. Stevens, Recovery. 1680. 100 acres to Wm. Stevens, Buy Bush Hall. 1680. 200 acres to Wm. Stevens, Dickinsons Folly. 1720. 200 acres to John Ganby, Meadoio. On North Shore of Pocomoke Bay. Probable variation of the Needle near the Southern Boundary of Maryland at different dates from 1668 to 1860, com- puted by the formula Mndly furnished by C. A. Schott, Esq. Assist. C. S. through the courtesy of Professor Bache, Supdt. U. S. Coast Survey. 1668. 4° 54^ West 1680. 5° 06' 1690. 5° 06' 1700. 4° 54' 1710. 4° 36' 1720. 4° 06' 1730. 3° 30' 1740. 2° 54' 1750. 2° 18' 1760. 1°42' 1770. 1° 06' West 1780. 0°42' 1790. 0° 24' 1800. 0° 18' 1810. 0° 18' 1820. 0°30' 1830. 0°48' 1840. 1° IS' 1850. 1° 54' 1860. 2° 30' It will be perceived that the Westerly variation in this locality was on the increase until 1680, when it reached its maximum, and 21 remained stationary for about ten years; it then (liininislied. at first gradually, then more and more rapidly, until 174n-r)0, when the diminution continued to lessen, until the beginning of this Century, at which time a reverse movement, following the same law, began to take place. Our County Surveyors, throughout the State, would do wi'll to bear in mind that we have reached another period of inflection, and that for the future, (until the variation attains its maximum,) the annual increase of Westerly variation will gradually diminish. The above figures are only appro-xiiaate from the want of reliable data at the earlier dates. The suljject of the secular changes in the magnetic doclination upon the Atlantic Coast of the U. S., is thoroughly discussed in the Coast Survey Reports of IS;")") ami 1H:>8. CHAPTER 60. An Act to provide for runnivri (ind nifirkinr/ tJnif portiou of the liouu- dary Line between the States of Marijland (ind Virgin in, extendinq from Smith's Point at the mouth of the Potomac River, to the Atlantic Ocean. Whereas, it is of great importance that the territorial limits of the State of Maryland be clearly defined, her Boundaries permanentlv established and marked, and when these landmarks arc either lost or destroyed, that they be refixed and renewed ; and whereas the true location of that portion of the Line separating the State of Virginia from Maryland, intervening between Smith's Point at the mouth of the Potomac River and the Atlantic Ocean, has from lapse of time become uncertain, thereby involving innocent parties in difficulties by them irremediable: therefore Section 1. Be it enacted by the General Assembly