The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-30

TIE PEA PATCH ISLAND REFERENcE.-The ar
gunent OF tins case was commenced yesterday
in the Supreme Court room, before the Hon John
geant arbitrator chosen by both parties The qeuston
in dispute is whether the title the Pea Patch Island
in the Delaware river WAS originally vested in the State
OF Delaware or New Jersey. The United States claim
title under the State of Delaware the opposing claim
ants derive title under the State Of New Jersey AZ
ter the submission to the reference
read Mr.. Clayton said he would show the title
Of the United States to the Island in question He
would produce q deed the existence of which at anv
time had denied by the opposing claimants upon
trial Of .jsctment in New Jersey and want
which the United States lost the upon that
He would produce the original patent from Charles II
the Duke OF York for the territory composing the
State of New York the States Of Peunsyvana and Del
aware, The history OF this deed is interesting Mr.
John Coates who formerly agent for the fami
ly being wit to Stoke ogiS was told by deacon
dant of the Penn family to go into the
would IND there some charters which would interest
him Anne IieHn, and that he welcome to such
Of them he wished lie found there this deed from
Charles H. TO his brother the Duke of or the orgi-
nal charter of Pennsylvania deed OF feoment from
the Duke Of York to William Penn for the town and
fort OF Newcastle and circle of twelve miles round the
town, and deed of ieoifmen from the Duke to Penn
for the country the Delaware south the circle to
Cape Heniopen These he brought to this country ard
upon his death they In possession Of Jacob Morris
Esq The deed was produced, and excited much curl
osty 1t is decorated with portrait of Charles H. In
the margin, and surrounded with flowers and ygpettes
has seal attached TO by ribbons and 10 written in the
old court hand which bears resemblance to black letter
1t conveys New Castle and twelve miles round about IT,
to the Duke for ten thousand years in consideration Of
the Duke yielding and paying four rabbit skins annu-
Archaugel. he ext
deed producedwss a deed from the Duke of York TO
Wism Penn for the town and fort OF New Castle with
the surrounding country within circle OF twelve miles
including the islands In the Delaware the river the
soil covered by the river MIR Clay said that the Pea
Patch within this circle 1t !, dated 2Ist of August
1852 three days before the deed feoln.ut which
be hereafter mentioned from the Duke for the
circulsr tract ~ is for the term Of tie thousand
years at five shiipgs rent In the box belo ding to Mr.
Morris in which the original deed TO the Duke of York
deposited the counterpart OF this deed discover
ed by Messrs Clayton and bsyard they were not aware
nf hair thnr. Al mud uhtl NJ
Clayton reading Of the deeds to the arbitrator
this shows Penn to have been In possession not only or
the deed, but the counterpart. Tn. next deed was
deed of feunnent from the Duke Of DIRK to William
Penn, oath August 1884, Tor the same twelve miles cir
Gle round the town and fort OF New Castle, including
the islands In the Delaware, the river and the soil
covered by the river, within that circle 10 Is in
consideration OF an annual rem. o, lour beaver
the Duke of York 10 Penn dated same day, for
the country South Of the twelve miles circle to Cape
"Lopen''-- this Also from the records OF Delaware
paper WAS produced giving instruction from the gov
ernmcnt Of New York TO the military commendant Of
New Castle 10 rectes the Dutch patent, and IL consid-
cred of historical facts in It,
which show Delaware to have been settled nearly forty
guac Alogonquis and Hercqus, Indian sachems Tor
lands upon the south river, June 10, 1929 the Hon
MIR. Samuel Gordez, who Is believed to have been a
Swede in confederation Of merchant se; also tresty
with the Netherlands in 1867, at Breda by which the
South country, upon the Delaware, ceded TO Eng
land and subsequent treaty in 1914, by which the
treaty OF 1867 was confirmed An extract from the
copy of the laws CT Delaware then read printed
l76l by Franklin and ID. Hall In Market street Phi
ladslphia 1t contains copy Of the deeds OF Charles
H. and the Duke OF York. aud the charter Of privileges
by Penn TO the citizens Of Peppeyvana and Delaware
also the second edition Of the laws containing copie8 Of
the deeds for the twelve miles circle The act OF the le
gislature Of Delaware granting the Pea Patch TO the
United States was then read dated May ", 1919 for
the purpose OF building fertilization upon the island
And the coast survey Of lei6 put la evidence to
show that Pea Patch island Is within circle Of twelve
miles from New Castle The record Of suit OF eject.
ment by which the nted States recovered the island
and we're put In possession, was also read, and me
other technical evidence after which the hearing Of the
case was postponed until this morning-Phi. Ledger,
29thinst.