Wilmington daily commercial., 1872-05-07
GENERAL.
The Delaware Fisheries.

WHY DELAWARE OWNS THE WHOLE RIVER FROM
MARCUS HOOK TO PORT PENN.
The jurisdiction possessed by the State Of
Delaware over the whole width of the Delaware
river, for some twenty-tour miles Of Its length.
excites comment. The derivation OF the title is
as ancient an the settlement of the country. The
northern boundary of Delaware, is well-known
semi-circular line This line was first estab-
lished in 1851, when Charles III granted Penn
sylvania to William Penn The charter then
given names part of the Southern boundary OF
Pennsylvania. as being circular line, drawn
around the town OF New Castle, with a radius
of 10 miles. And in August, 1852, the territory
witlin This circle, previously held by the Duke
of York, under charter from Charles was
given by the Duke to Penn, ,ae was also the other
portion of the present State Of Delaware.
Two deeds were used for this conveyance.
They have been known as the +" deeds Of feoff-
ment," and the frat delivered all that, the
town of New Castle, otherwise called Delaware
and all that tract OF land lying within the COM
pass or circle of twelve miles about the same,
situate, lying, and being upon the River Della
ware, and all islands in the said river, &c, &c.
On October 28th 1882 John Mol the attorney
of the Duke OF York, made a formal delivery OF
% seizin" to Penn, of this crcnlar grant. Land
ing at New Castle john presented to William,
4" the key of the fort" and the great Quaker
locked or unlocked the door thereof, for him
self. The attorney then further presented him
with !" one turf, with twig upon it, a porringer
with river water and soil in part OF all that was
| specified in said indenture" This typlhed the
entire surrender of the land and the river with
| in the CIRCLE and the further transfer of juris
dction was afterward made complete, and the
| whole transaction entered upon the records OF
| the Duke OF Yorks government of the Colony of
| New York, on Manhattan Island
II is to be remarked that this twelve mile cir
Gle did not cut over into New Jersey, for the rea-
son that the land in that State, down to the wa
ter's edge, had previously been granted, first to
| the Duke of York. and then (l664) conveyed by
| him to Lord Berkeley and Sir George Carteret
| The grant to Penn. which passed regularly into
| the Slate of Delaware at the Declaration of Inde
pendence. ended where their property began, at
low-water on the Jersey side.
This IL the history of Delawares jurisdiction
| Of the whole width of the river The circle cros-
| sea the river on the North, just below Marcus
Hook and above the present railroad station OF
| Claymont on the South it again crosses the 1iy-
| er at point between Poit Penn and Listens
tree" Considering the bends in the river, the
length thus included is probably not less than
| "a miles. Bel0m the circular line, the boundary
| between Delaware and New Jersey is the middle
| Of the river and Bay.
1t il remarkable that this jurisdiction has sell
dom or never been questioned. 1t has always
| been the custom for the Courts Of Delaware to
issue wrts on legal process, seizing persons or
vessels, on the river, clear over to the Jersey
| side. Il
In 184s, the whole matter was definitely passed
upon by the decision of the referee. Hon. John
Sergeant, OF Philadelphia, in the celebrated
pea Patch" case The review of all the facts,
in that arbitration was complete, and no legal
proceedings are ever likely to be undertaken TO
change the settlement. II confirmed Delaware 4
title expressly and conclusively, to the twelve
| mile circle.
THE PRESENT FISHING DISPUTE.
In the present case, number of New Jersey
fishermen, fishing within the circle, without
naIo. tod utth
to take them out They have complained to the
authorities OF their State, and we find it stated
that Governor Parker informed them that he
would get the facts from both sides, and have q
conference with the authorities of Delaware Ii
the meantime, Mr.. Howell, of Woodbury., who 1t
fish warden, was telegraphed to be in Trenton
to-day, in order to lay before the Governor al
the facts, previous to the commencement OF any
proceedings.
II will be seen, however, from what we have
stated, that New Jersey cannot make out any
Gaze, in law, against Delaware, and we presume
Governor Parker will 30 conclude.