As the name of John Outten, the lawyer appears in the earliest deed records of Delaware, which were written in 1681; and as he was probably an owner of real estate within the present boundaries of Delaware before he owned property in Maryland; and, in view of the fact that a large part of the section that is now known as Sussex County was claimed by the early proprietors of Maryland, and especially because members of the Outten family have continually resided in this locality, as the public records prove conclusively from the beginning of its settlement until this day, it is therefore appropriate for the author to place within his family archives a brief history of Delaware.
The Delaware Peninsula extends from Wilmington, Delaware, to Cape Charles, Virginia, a distance of over 200 miles. It is bounded on the west by the Chesapeake Bay and Susquehanna River, and on the east by the Delaware River and Bay and the Atlantic Ocean. This peninsula, therefore, like "all Gaul is divided into three parts," for it includes nine counties of Maryland, three of Delaware, and two of Virginia. The state of Maryland is divided by the "Chesapeake Bay, and about one-third of its area is on the eastern side; this section is known as the "Eastern Shore" of Maryland. The state of Virginia is also divided by the Chesapeake Bay, and the two counties on the eastern side are known as the Eastern Shore of Virginia. But no part of the state of Delaware is now known as the Eastern Shore.
It is not positively known who discovered Delaware, but on August 28, 1609, Henry Hudson, an English navigator, while in the service of the Dutch East India Company, discovered the Delaware Bay and River, and it was upon this discovery that the Dutch founded their claim to what is now the state of Delaware. The English, however, named these bodies of water upon the pretext that they were discovered by Lord De Al Warr (Thomas West) in 1610. The first Delaware colony of white people was planted near Lewes in 1631, but they soon fell victims to the savages whom they insulted by their violence and the first permanent settlement was made by the Swedes in 1638. They founded a colony at Christiana near Wilmington and subsequently occupied the northern part the of the state. This settlement they called New Sweden. They bought the land and lived at peace with the Indians. Their trade extended even to the Delawares and Nanticokes, but the Swedes were finally superseded by the Dutch and Swedish rule ended.
The boundary line of the Delaware had been a subject of dispute from the beginning, and although the state had passed from the hands of the aborigines to the Dutch, then to the Duke of York and finally to William Penn, the boundary line had never been definitely settled. The disputes were further augmented when the Governor of Maryland Province ordered the Governor of Delaware to cease laying claim to certain lands. It was soon found, however that Lord Baltimore had asked for a charter over a region, "hitherto uncultivated, and partly occupied by savages having no knowledge of Almighty God." This seemed to invalidate Lord Baltimore's claim, since the region was cultivated prior to 1632 when the charter was given. In 1660 Lord Baltimore ordered the Delaware authorities to relinquish all lands on the Delaware Bay, but they did not acquiesce.
In 1678 the northern boundary of Delaware was settled within a radius of twelve miles from the town of New Castle as the center of the circle, and from the Delaware and Maryland. This radius gave to Delaware a circular northern boundary, and the arc of the circle is just twelve miles form New Castle County court house, which was at that time, located at New Castle, but the old building has since been destroyed and the county seat transferred to the city of Wilmington.
William Penn purchased the three lower counties on the Delaware in October 1682, and at once assumed authority, but Lord Baltimore disputed his claim. In order to bring about a final settlement of their controversy, Penn and Baltimore went to England and laid their claims before the King's officers. Penn declared that the territory claimed by Baltimore was cultivated and inhabited by Christians, antecedent to Baltimore's grant, and was therefore not included in it. In November, 1685, it was decided by a decree of King James' Counsel "that the land between the Bay of Delaware and the Eastern Sea on one side, and the Chesapeake Bay on the other, shall be equally divided."
A certain point was fixed upon, which was exactly half way between the Atlantic Ocean and the Chesapeake Bay, from which a straight line was to be run northward to the spot where the twelve mile radius from the New Castle court house intercepted the Mason and Dixon Line, and due east to the ocean. North and east of these lines to the ocean, bay and river was thenceforth to be known as Delaware, and the decision placed the three counties in the hands of William Penn, but the execution of the order was unavoidably delayed.
Lord Baltimore was afraid to proceed further, as the Duke of York, who was especially friendly to Penn, was now on the English throne as James II, lest he should lose his charter. Penn was completely victorious and the decision of 1685 remained inoperative. Yet many continued to reside on their plantations which they had obtained by Maryland grants, until 1802, and it was not till 1830 that all this public land had been taken up. Prior to this settlement, Sussex County was only 30 miles long and 12 miles wide. In 1691 Penn was compelled to give to the three lower counties on the Delaware a separate form of government, and on November 1, 1701, he embarked for England never to return. He died July 30, 1718 in the 74th year of his age.