Wilmington daily commercial., 1872-05-09
GENERAL.
The 12-nIlIc circle.
DELAwARE's CLAIM TO JURISDICTION - AND VIVA
m RHar4

DELAwARE's CLAIM TO JURISDICTION AND WHAT
IT RESTS
The claim made by Delaware to exclusive
Jurisdiction over the river. within the 12-mile
circle, is explicitly stated in her Revised Code OF
Statute Laws Chapter commences as follows
''SEouoN l. The jurisdiction aud sovereignty
of the State extend to all places within the
boundaries thereof" NC.
SECTION 2. The limits of the State are de-
clared to be the divisional lines between it and
the State of Maryland, run and marked by com.
mssioners aud approved on the l1th of January
1863 the circular line between it and Pennsyl-
vania, surveyed and marked in 1701 under
warrant issued by William Penn, iD pursuance
OF the feotfment from the Duke of York dated
August "a, 1882, as the same has been held,
occupied and recognized by the said States re-
spectively, ever since that time low water mark
on the eastern side Of the river Delaware, within
the twelve-mile circle from New Castle and the
middle of the Bay, below said circle"
This is the claim. It lis explicit positive and
plain.
The basis of evidence ON which the claim rests
il referred to in the foregoing and we explain
ed it, somewhat fully on Tuesday.
THE "PEA-PATcH" CASE.
In 1913, the decision of the celebrated Pea
Patch Case gave formal legal approval to the
claims OF Delaware, although they seldom il
ever, had been previously disputed. The case
was al follows
About 1880, an island began to form, nearly in
the middle of the Delaware, about miles be-
low New Castle. At first it appeared to be,
about the size of mans hat and for long
time was overhowed by each high tide. Finally,
in 1913, during the war with England, Gen Arm
strong the Secretary ofWar, parceiying that the
island, which had then beeeme of considerable
size, afforded an admirable place for defensive
furtl1cationB, to protect Philadelphia. Whining
ton and New Castle took steps to procure the
nd hau fira fnA Ion 1ba EhaNa
of Delaware then conveyed the island to the
United States for the purpose, and the present
extensive Notifications were finally built.
certain James Humphrey, Of New Jersey,
however, had title from that State for the
island, and claimed OF the United States
to be paid for it. His claim was
in litigation for many years, and in
1S47 he agreed with Hon. VIM. L. Marcy,
then Secretary of State, to submit to a ref
cree, the question which party now owned the
island-whether Delaware's title, passed to the
United States or New Jerseys passed to Hum
phrey was good. This brought up the whole
question of jurisdiction between the two States.
The referee agreed upon was Hon. John Ser
geant, the eminent Philadelphia lawyer, one OF
the most distinguished and respected jurists OF
the country. The case was heard at great
length. Old documents, books, certified
copies of records, &C., &c were produced
for both parties. James A. Bayard, and
John NJ. Clayton appeared for Delaware,
hnu JOuH II. EdIOn anu d6OfBo M.
Bib, for New Jersey. The arbitration was
heard in Independence Hall, Philadelphia. Many
dispositions of witnesses we're taken and put in
evidence. among them being that Of Kensey
Johns, Of New Castle, who was then still living
at the age of Ss years. He had been Chief JUS
tice of the State for 39 years. and afterward
Chancellor, and his testimony as to the jurisdic-
ton over the full breadth Of the river, within
the circle, claimed and exercised by Delaware
was highly important.
Finally, in January, 1S4S, Mr. Sergeant, delv-
cred his Judgment in favor OF Delaware, con-
tirming the utle held by the United States. He
analysed the evidence, and presented the points
of law, at great LENGTH and with much ability,
giving the whole case plainly, and conclusiYely,
in his elaborately-prepared opinion.
In the course OF this Opinion, Mr. Sergeant
said THE process Of the Delaware Courts, aud
Of the United States courts sitting in that dis
trct for the arrest of persons and property
ahoat has been issued and executed. and con.
tinues 80 to be, quite over to low-water mark on
the Jersey side and this not occasionally, but
habtually without doubt or question, as a mat
ter OF COURSE whenever applied for. The
cases have been contested upon every ground
that ingenuity could suggest, or the zeal Of par
ties prompt but there never has been an in
stance of any one disputing the jurisdiction in
the Courts"
GOVERNOR PARKERs CHALLENGE.
1t is in view of this decision, that we pro-
nounce Governor Parkers claim to half the
river, within the IL mile circle quite unsustained
by the law or facts. 1t is useless to make it.
Both Jersey and Delaware have too urgent use
for their money to expend it in an unnecessary
lRgal quarrel over settled point.