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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 171   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 171

lie; and it was provided that any further regulations which
might be judged expedient in favour of those occupiers of
the long disputed territory, should be settled by a subsequent
agreement.

    A time was limited for carrying this agreement into
execution. Commissioners, agreeably to one of its articles, were
appointed to run the divisional lines, but through some
objections made by those of Lord Baltimore to the principles on
which the others desired to conduct the work, it was not
completed, and the agreement fell through. Lord Baltimore now
petitioned king George II. for a new grant confirming to him
the lands on the Delaware as a part of his province
notwithstanding the words (m) HACTENUS INCULTA in the original
charter. The Penns (sons of William Penn, who was
deceased,) opposed him by a counter petition:¾By an order
passed in 1735 the consideration of the petitions was
adjourned, in order that the Penns might have an
opportunity to proceed in a court of equity for relief upon the
agreement of 1732. Upon this suggestion they exhibited their
bill in chancery, praying to be quieted in the possession of
the three lower counties, and that the agreement just
mentioned might be decreed to be in force. After the delays
incident to proceedings of such consequence, the lord
chancellor Hardwick decreed, in 1750, that the aforesaid agreement
should be carried into effect, with a saving of all rights which
the parties to that agreement had not at the time of making
it a right to conclude. Commissioners for this purpose
were to be appointed on both sides within three months
from the date of the decree, and two years were assigned
for the complete execution of the agreement: the questions
raised on the part of Lord Baltimore in the course of the suit
were also decided:
¾One of these was whether the circle
about Newcastle should be of a radius or only a periphery of
twelve miles; another, where should be the centre of this
circle, and a third concerned the exact situation of Cape
Henlopen. The chancellor's decision was that the circle should
be of a radius of twelve miles, and its centre the middle of
the town of New Castle. Cape Henlopen he declared to be
where it was laid down in the original articles of agreement.

    Commissioners were appointed under this decree and the
work begun, but new difficulties are stated to have been made
by those of Maryland; to remove which the Penns had
recourse to the lord chancellor under a reservation contained

    (m) " Hitherto uncultivated"¾These two unlucky words furnished
the whole ground of the proceding which has been stated in respect to
the Delaware settlement; for the words " partly occupied by savages"
would not have been sufficient, since that was certainly the fact, as well
upon the Delaware as elsewhere, notwithstanding the alledged
settlements of Dutch, Danes and Swedes in that quarter.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 171   View pdf image (33K)
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