Wilmington daily commercial., 1872-01-17
THE "PRA-PATCH -"
The Litigation between Delaware and New
Jersey.

correspondent of the Germantown Telegraph
gives soma inteIe ting "reminiscences about the
famous trial becween New Jersey and Pennsyl-
yanil for the possession of the - Pea-Patch ="
island, on which Fort Delaware was built. The
suit was between James Humphreys, of New
Jersey and the United States. Mr. Humphreys
claimed the irland and $l50.000 for it from the
United States. Delaware claimed it as hers, ard
that she had given il to the UnitelS States for the
purpose of building The fort upon in 1918. The
argument by counsel was delivered before the
Hon. John Sergeant. the arbitrator selected by
the United States aud Humphreys to decide the
title OF the island upon which Fort Delaware
stands, and which il the only point on the river
at which Philadelphia and other towns on it conld
be successfully defended against hostile
teet Tho decision involved the jurisdiction Of
New Jersey and Delaware to some fifty square
miles OF the river, and the case was conducted
in Independence Hall, Philadelphia, the Histori-
cal and other societies of the city as well as the
Bar association supplying the counsel with their
books, documents, &c. as required.
The island is nearer the Jersey than the Della
ware shore of the river, upon which Humphreys
I believe chiefly based his title. John NJ. Clay
toms argument for the Unitad States proved the
island to have belonged to Delaware by grant OF
the Duke of York to Wiilm Penn in 1852 of
circle whose radius extended twelve miles above
and below the town OF Newcastle, the South end
OF the island being by coast survey distant 4. 93
miles from the epire at New CASTLE and the State
holding her proprietary title from Penn. Also,
that her jurisdiction extended within this line to
low water mark on the Jersey shore, which iuris-
diclion continues to this day-a magistrate in
Delaware arresting any one committing an of
fence against her laws within this line of low
water mark on tho Jersey shore.
To confirm the title of Delaware, Mr.. CLAYTON,
through tho Government. sent to the State Paper
Office of Records in London, and procured GER
titled copies of Penn's title to the twelve miles
circle. and other interesting pepers bearing upon
our early history and that of Pennsylvania,
procured at the old family mension of the Penns
in England. He also showed that Pennsylvania,
under the proprietary title, had yielded concurr-
ent iurlsdiction ouer he iUer dboDe The circle,
under the misapprehension as to her rights
Humphreys lost llia claim, and it was said Mr.
Seargent remarked that the argument of Jno NJ
Clayton wss the most mastery one he had ever
heard.
Some of the jokes by counsel, in the courso
OF this trial, has become traditional public prop
erty Mr. Wall, of New Jersey is said to have
replied to MIR. Clayton'5 warm assertion that
Delaware would not give up an inch of her ter
rtofy, with the quip that If she did she would
lose half her territory !"
But MIR. Clayton said, either before or in re-
ply to Walls joke that Delaware, although so
small as not to have an inch of her soil to spare,
yet had given freely this island to the Govern
ment as she had also given the site for the Della
ware breakwater at the mouth of the bay neth-
er asking nor receiving dollar for either. That
she simply held herself as trustee for the nav
igation and defence of the river within her linz
its, the same subject to the rights of the General
Government, and whose counsel were there to
defend and maintain her grant.
One Of the Witnesses, very old person. testi-
fed that he knew the island when it was no
larger than his hat 1t steadily grew, and when
ii had reached some size and had growth of
thcket it became a great crow-roost. the birds
gathering there in the evening from great dis,
WDIlI
for their feeding grounds. Both Delaware and
New Jersey offered head-reward for the crows
and many were shot, trapped, &c. Mr.. Clayton
asked the witness who paid this head-money
New Jersey or Delaware? "Why, Delaware, Of
course nobody ever dreamed Of going to New
jersey for it.