Lord Baltimore refused all compromises offered by William Penn. He fancied he could obtain great acquisitions of territory, and was determined his province should consist of the present Maryland, Delaware and the southern strip of Pennsylvania above described.
The controversy was thrown in the privy council. The case was argued for two years, the council finally deciding that Baltimore’s charter did not give him a title to Delaware, because at the time of granting the charter that region had been in possession of the Dutch, and they ordered Baltimore and Penn to divide Delaware equally between them by a north and south line, midway between the Chesapeake and the Delaware. The decision of the council was confined to the controversy between Delaware and Maryland, and nothing was said about the disputed boundary of the 40° between Maryland and Pennsylvania and it remained unsettled.
This condition proved a great hardship, the inhabitants on the border, uncertain of their position, refused to pay taxes to either government, and the sheriffs of adjoining counties carried on a warfare of petty annoyance. This gave the rougher and lawless men an excuse for fighting. One of the most notable of these was Thomas Cresap. He caused so much trouble in the southern counties that when he was arrested and carried to Philadelphia, which he called a pretty Maryland town, his exploits were known as the Cresap War.
William Penn died July 30, 1718, leaving the question as unsettled as it was in 1682. Charles Calvert, the fifth Lord Baltimore, was now the proprietor of Maryland, and the first of the family to show much cleverness.
He went to Penn’s widow and admitted he had no just claim to the title of Delaware, and suggested that no more land should be granted near either of the disputed borders by either government for eighteen months, within which time they could settle all difficulties. This agreement was signed in February, 1723, and long after the eighteen months had passed into history, the agreement was faithfully observed by Hannah Penn, and after her death by her children. Baltimore also observed it.
William Penn’s widow died in 1726, and her young sons did not immediately mark the boundary, and Baltimore now assumed the role of an injured person, and in 1731 petitioned the Crown to compel the Proprietors of Pennsylvania to join with him in settling the boundaries. He applied to John and Thomas Penn to meet with him and sign an agreement of settlement[settlement], which they agreed to do, and they also accepted the terms proposed in it by Baltimore and the articles were signed May 10, 1732.
The southern boundary of Pennsylvania was fixed about seven miles north of the head of Chesapeake, and the same as William Penn had offered Baltimore in their interview at West River. By this agreement Lord Baltimore received more than had ever belonged to him.
A map was prepared, and attached to the agreement, on which the boundaries were plainly marked. This map was prepared by Baltimore, and the Penns accepted it as correct.