New Garden Historical Commission - Boundary Disputes

<body text="#000000" bgcolor="#FFFFFF" link="#0000FF" alink="#FF0000" vlink="#990099" lang=EN-US> <table border="0" cellpadding="5" width="100%" bgcolor="#999999"> <tr> <td><p align="center"><img src="../lyceum/lyceum.jpg" width="200" height="114"></p> </td> <td align="center"> <h1><font color=black>New Garden Historical Commission</font></h1> <p><a href="../index.htm" target="_top"><font color=black>Click here</font></a> <font color=black> to return to the home page and links to other articles</font></p> </td> </tr> </table> <div class=Section1> <div style='border:none;border-bottom:solid windowtext 1.0pt;padding:0in 0in 1.0pt 0in'> <h1><a name="_Toc189384638">BOUNDARY DISPUTES</a> </h1> </div> <h2><a name="_Toc189384639">London Grove and New </a>Garden Townships </h2> <p class=MsoNormal>Sometime in 1880 a new line was surveyed between London Grove and New Garden Townships. In September of the following year, it was reported: </p> <p class=IndentQuote>"Last fall, Thomas H. Chandler, county surveyor, ran the line between the townships of New Garden and Londongrove. The old landmarks had become entirely obliterated and but one if any of the old boundary stones remain. The resurvey was, therefore, a difficult task and was necessarily in measure guess work. The village of Avondale is on the line between the two townships, and by the new survey a portion of the families who were previously included in Londongrove were placed in New Garden. </p> <p class=IndentQuote>On Monday when the public school opened the children of these families were informed that they could not enter the school. This announcement was heard with great dismay, and there is considerable distress among the parents." </p> <p class=MsoNormal>Several of the people transferred to New Garden asked to be annexed to London Grove for school purposes, but the Court denied their petition since Avondale School in London Grove Township was already full, and for other reasons fully laid out in the opinion filed September 18, 1882. It was suggested that the line be established in a manner pointed out by law, with costs for the survey and markers split between the two townships. Evidently the County survey of 1880 wasn't accepted for in November 1883, the "Daily Local News" reported: </p> <p class=IndentQuote>"A petition was presented to the Court yesterday by George B. Johnson, Esq., to have a township line established between New Garden and Londongrove. The line between the two townships has not been run since the early settlement of the Commonwealth, and is made necessary on account of school troubles between the two townships. Anyone having reliable information in regard to landmarks in relation to the matter will confer a favor upon those having the matter in hand by informing George B. Johnson, Esq. of the same." </p> <p class=MsoNormal>In reply, the original petition of certain New Garden residents to lay out another township "By Ye Name of London Grove Township" was brought forth and it was restated that it had been presented in 1723 and granted. About the middle of December 1883, County Surveyor-elect Joseph H. Johnson, Dr. J. P. Edge, and William McFarlan of Downingtown met at Avondale to lay a new township line between the two places. There were about a dozen families near the line who declined to pay taxes that amounted to approximately $36.00 per year. When the survey was completed, it threw about ten feet more of Avondale into New Garden Township. The survey was "regarded as a remarkably successful one and all interested are entirely satisfied with it." Nothing occurred after that. </p> <p class=MsoNormal>Ten years later, in February 1894, the "Borough of Avondale" was established from sections of both New Garden and London Grove Townships. Throughout early New Garden information there are references to Avondale and its inhabitants, but its history can best be told by those who live there and who have devoted much time to researching the early records of the Borough. </p> <h2><a name="_Toc189384640"></a>Delaware and Pennsylvania </h2> <p class=MsoNormal>By action of both the States of Delaware and Pennsylvania, a Joint Commission was appointed in 1889 to re-establish the old boundary line between the two states. The original line was the famed twelve-mile circle run by Isaac Taylor of Chester County and Thomas Pierson of New Castle County in 1701. The hub of the circle was New Castle city in Delaware. Services of the United States Coast Survey were enlisted and work on the re-survey began in April 1892. Only three points were found by which they could establish beyond question the original line, and the curve as finally adopted was outside of the original twelve-mile circle. While it was considered as just to one state as the other, people were not quick to switch allegiance. Some paid their taxes; some didn't. It was said that one prominent resident of White Clay Creek Hundred, Delaware, who found himself a resident of London Britain Township refused to pay, was sued, and was taken to Court in West Chester where the Judge in a decision dated February 15, 1897 sustained his contention since neither state had yet accepted the line. </p> <p class=MsoNormal>Pennsylvania quickly ratified the work of the Joint Commission, but Delaware did not. Conditions remained unchanged for 24 years while everyone in authority slept on the matter. In 1921, the Chester County Historical Society noticed that no action had been taken. Delaware then ratified the report and the U. S. Congress took similar action. The whole matter had a humorous moment, however, when one resident of Pennsylvania insisted on voting in Delaware and went to the polls wrapped in the U. S. Flag. He was permitted to vote without question! </p> <h2><a name="_Toc189384641"></a>London Britain's Acquisition </h2> <p class=MsoNormal>Sometime between 1847 and 1860, New Garden lost part of its southwestern section to London Britain Township. As originally surveyed, the western boundary of the Township extended south to the Delaware line, and included lands of the Evans family as discussed in the Landenberg section. When these lands were sold, they were listed as being in New Garden Township at first, and later in London Britain Township. Sometime after 1860, the line was apparently re-adjusted and another portion removed from the "tip" originally left to us. No date for these changes has been determined and even today there is some question regarding that particular boundary line.</p> <p class=MsoNormal>Perhaps the transfer was made to include all of the unsold Evans land that was later owned by Septimus Niven in one Township. His mother was the widow of Septimus Evans who later married David Niven (also spelled Nevin and Nivin.) The area was supposedly known as Nevin and described by Edward Pinkowski in his "Chester County Place Names" as "a lonely, withdrawn settlement in the northern part of London Britain Township, named for Septimus E. Nevin, Democratic State Senator from Chester County in the early 1890s who was for many years Treasurer of the Pennsylvania State Grange." </p> <p class=MsoNormal> </p> </div> </body>