Wilmington daily gazette., 1874-07-03
Tho Fishery Question.

The Commissioners appointed by this Slate
and the State of New Jersey to effect settle
rncnt of the Fishery Question" met at the
Continental, Phila., yesterday A pamphlet ent'-
lied, "INc Arcsuaent of the Delntcare Conspiis-
s.oners apon tie Qacstion U'tetbcr tie C.ti=ens
of Nep Jersey hare the Right TO Fish ~ the
waters Of the Deia.oare Within tho CTcie o.
I'.ceire Miles Aroand Ne,c Castle" has been
handed to US by Col whiteey. one of our Com
m,ssioners. it contains an elaborate statement
of the whole question, ana furnishes incontro-
vertib,e evidence OF the title CT Delaware to the
River within the twelve miles circle from New
Castle. Precisely where this circle stops we do
not say, but it certainly embraces the whole bed
of the River and perhaps runs well up on the
land The argument OF the Delaware Commits
sioners closes with complete summary, which
VIC append.
The New Jersey Commissioners arc Messrs.
Abraham Browning, Courtland Parker and AL
bert Ii. Slape. it is not presumed that a settle
nent will be elected by the Commissioners.
But their conclusion Will be reported back to
their respective State Legislatures. and the ques.
,ion OF boundary will go to the Supreme Court
OF the United States, where decision will no
doubt be apally rendered IN favor of the State Of
Delaware:
As summary or statement OF points
arising out OF the foregoing, the uudersign-
ed present The following:
]. The Dutch, either as the city of Am
sterdam, or the States General. were in pos
session OF, or exercised dominion over and
governed az province or colony, that part
of America called New Netherlands, which
embraced New England, Kew York, the
Islands about them, New Jersey, and that
part OF the western shore OF The Delaware
Bay and River, now comprising the State
OF Delaware, or the most eastern part ofit
fnr many years before they were surrender
ed by them TO the English. They granted
The lands within them as prorrletors and
owners, and exercised all other acls of SOY
ereignty. Plenary evidence upon this poiai
is TO be found.
1st In the first four volumes OF "DocG-
nents relating 10 the Colonial History OF
New York" Its place is indicated by The
title Deidware in the General Index In vol
ume5 s
2nd. In sn sncient record OF the Recorders
Ohioe OF Kent county, Delaware, called
The "Y ork Book of Records, of the State OF
Delaware which from the LIST to the 32nd
psRe inclusive. is taken up with Dutch
grants of land within what is now the State
and county Of New Castle, the irst OF which
was made In l646 by William Kieft, sty ling
himself "Director General and Council in
behalf OF the High and Mighty Lords. The
States General ofthe United Netherlands
His Highness OF Orange, and the Honora Bile
Geutiemsn, the Directors OF the privileged
West India company, residing In New
Netherlands"
ii. The Duke OF York had title to ihe
colony OF New Castle, and the land and
river bed within the twelve miles circle, and
the country south, all within the State o
delaware, before and on the oath of August
1852, on which day he granted II TO William
Penn hv n DAod of fa0ffmAnt
lst. By the Aforesaid Colonial History o
Nsw York.
2ud. By the fact that his Governors, 81
Richard Nichols, Sir Edmund Andres .anS
slr Srsncis Loveiace, made grants of liant
there; which follow those made by tn,
Dutch previously. The first Is dated 2Otl
OF June, Ices, and they cont nne up to th
time OF the grant TO Penn.
Sd. That ~ proprietor of the New Castl
colony, he was consulted by the crown
about the limits of Penn's proposed patent
Of Pennsylvania. This appears by the cor
Tespondence betw cen bis Secretary Sir Johl
Wsrden, and the Secretary Blayihwaiio, o
the Privy Council OF King Charles, abov
qooted; also indirectly by the evidenc
title.
III. By the Deed OF feoffment from th
Duke OF York to William Penn, of the 24t
OF August, 1852, and the livery OF scisin &C
companyiug u, Penn became the proprieto
and owner within the circle of all the dr.
land on the western side OF the river, and {
the river and its soil or bed. See the Dee,
in vol. l., Delaware Laws, appendix. Tn
language Of the Deed shows, conclnsivel,
AZ We respectfully submit, what was mean
10 be conveyed, and The livery is confrma
tory ofthe construction given to the Ian
guaGe. It was by delivery of New CastI
through ihe possession Of the Fort th ere. an
by turf and twig at the centre OF the Colon
md representative Of the dry land, and Q