The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-31
Army InteIllRcnce

Of his disposition The record states that he was Sc
verely wounded."-Phn Inquirer, 3oth. inst.
Gsn Geo NJ Brooke, the commander Of the Western
division Of the army Of the United States left the city
yesterday for Fortress Monros Virginia. He has been
been ordered to investigate the charges against Col
Fremont. The general Ia held in nigh esteem by the
officers who have been this station and by all
citizens He will preside the court with ability,
dignity, and mpartiality. May "journeyng mercies"
attend the good and general to his place Of dsstna
TOM o. National, 2ln inst.
An anecdote, says the Arkansas Intelissneer, told
OF the gallant Col Riley He heard to say, being
ordered to Mexico by the way he sps very much that
thash ~ We congratulate him on having nobiy
the latter The government will certainly brevet him.
SECOND Day OF THE PEA PArcH ISLAND RE-
FERENCE.-f esterday the court room was crowd
ed and much interest manifested in the proceedings by
the spectators Messrs Clayton and Bayard put in syi
dsnce the paper so casd-a large vol.
ume In fact which used in the trial Of case of
Penn vs. Lord Baltimore in the year i75o, in England.
to the Duke OF York exhibited that and
to show the whole title Of Penn exhibited before Lord
the Duke and Penn for lands in and Della
ware that the country early settled by civilized
ty over the territory The book contained map Of New
Castle and the country in dispute between the parties 20
that 1t Is modern formation and was at that time
covered by water. Mr.. Clayton next cited Chalmers'
General. Robert Raymond and the Solicitor General
Phillip Yorks given in l76l to the title Of the then
provinces Of Pennsyvania and Jersey to the islands In
the Delaware. There dispute in relation to this
matter between the Provinces the matter had laid
before the Kings Prvy Council who had required the
opinion Of these law officers Of the Crown upon the ques
ton After investigation they decided that the title to
the river and Its islands vested in neither province
but remained In the king The matter remained unset
tied and in dispute until after the Revolution when was
compromised between them-esch State retaining civil
orimna to water mark upon The oppo
site shore and the islands being disposed Of also
same agreement Mr. Clayton also the
cords Of Delaware certified copy Of the deeds Of fso
m frnm tha nj IN IN Pal nj . Avrcv
contained evidence Of delivery Of possession to
This, by the common law. necessary upon deeds Of
feoffment The deed from the Duke to Penn consttu-
ted John Maui and Ephraim Herman, OF New Castle,
his attorneys to deliver possession Penn. The oert
wing in the Delaware he Maui upon bsard the
ship and showed him the two deeds Of fsoment for tho
sT sa TIM Sas AND Of the %
from home whereupon Maui asked Penn for twenty four
hours time, to communicate with him, which grant
ed The next day the commissioners did conclude do
as his royal highness the Duke had commanded them
whereupcn they did give to the said William Penn tho
the same he did enter therein quietly With The key 70
that he might look himself therein, and they did also
land, by delivery Of with twig thereon, and by
delivery Of fowl and by delivery of water soil the
river Delaware porringsr Afterwards the said Penn
the southern part said tract OF land At
the house Of Edward Hill aside the Appoquinimink
t who and the
| said Penn and to his government in the manner
as they obeysd Sir Edmund Andres and others, Lieu
tenant Governors under the Duke of York. The 2oth
Oct, 1882 10 certified to be the day upon which the
ceremony took place, and 1t is signed by Arnoldus
rested. Gen Eaton for Mr. Humphreys, the claimant
said that the deed by the for the Unit
question was who has the right sovereignty Of the
so They would show the proceedings in the trial In
Document I4o from the Senate nss of 1878 to show
the testimony in the New Jersey trial Mr. Bayard op
posed the Introduction Of ths ground
that 1t vas not evidence The agreement by which Mr.
Sergeant was chosen arbitrator spulses that the evil
dence shall BE- such allowed by the rules Of law and
equity This was not evidence that would be admitted
in a proceeding in law or equity Messrs Eaton ana
Bibb commended that 1t admissible by the terms Of
agreement reference made In sA2 whereby IL
agreed that the document No lao should be oonsid
cred evidence Of the facts therein that
this referred to by tho act Of Congress
authorizing the present that It was
evidence extnsc Of the agreement and Congress
Mr. Clayton replied. MIR. Sergeant decided that tho
document could not be admitted he was to receive the
evidence necessary In Of law equity This
Senate document being report made the senate was
act OF Congress- agreement to settle the
the Pea Patch by arbitration the title OF the u
should be decided to be defective by the arbitrator
Messrs Bib and Eaton then proceeded to show
the title Of New Jersey to the island In dispute They
Of those offered AZ printed in Leaning and
Spcers collection Of the laws of New Jersey The first
was the Royal Patent March ~ 1864 BY Charles ad to
Kennebec river along the coast, including Long
Island and the Island Of Manhattan, and hath upos
the west the Delaware bay and river and the said
river to the head thereof and % over to the
Hudson together with the issnds waters, royalties
mines, &c in the said tract contained This deed IL
nearly twenty years older than the Oldest patent cited
by United States. Mr. Clayton asked II the counsel
mad tns 0sn nsn ana tbs word BY
Messrs. Bibb and Eaton replied that they had 1t not
neither had they the power to produce it. Their client
being but private citizen, had not the en-
forcing its presence upon this The docu-
lease and release from the Duke of York
tract part of the grant from the King to him They
next read The Concessions" being terms upon