Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-06-02
TINE rwELrE.MILE CIRCLE.
DeIawara's Claim to the whole Bed
of the Riyer-Text of the Duke of
yOrk's Grant.


DeIaware's Claim to the whole Bed
of the Riyer-Text of the Duke of
york's Grant.
The prospective conflict between Penn
sylvania and Delaware pilotage laws,
brings the l2-mile circle again to the
front 1t has been intimated by Phila-
delphia shippers that Delaware pilots will
not he allowed to take vessel into Penn
sylvauia waters. If Delaware's claim be
valid, we hold the key to this complica-
tion by virtue of jurisdiction over the
whole river for some "A miles of its
length, and are, therefore, better pre-
pared to say in reply that Pennsylvania
Delaware waters.
This claim dates back to August 9th,
1852, when the Duke of York by deed
fee simple
all that the town of New Castle, otherwise
called Delaware, and all that tract of land
lying within the compass or circle of twelve
miles about the same, situate, lying and being
upon the river Delaware, i'll America and all
islands i'll the said river Delaware and the
said river and soil thereof, lying north of the
southermost part of the said circle OF twelve
| miles about the said town, together with all
| jurisdictions. liberties and privileges thereto
belonging and all the estate, right, title,
| interest, power, property, claim and demand
whatever of his said Royal lighness, of, in
| or to, the same, or any part or parcel thereof
| saving always and reserying to his said Royal
| IIighness, his agents and servants, free use of
| all ports, ways and passages into, through
| and ont of the barganed premises. and every
part and parcel thereof.
So well was this jurisdiction under
stood that, in ante-revoluton days, all
that portion of Salem county, New Jersey,
lying within radius of II miles from
New Castle, was considered as being in
cluded in this grant, and the people
dwelling therein We're accustomed to look
upon New Castle as their county seat and
TO obey summonses issued to attend court
there.
This claim, as far as the land Of New
Jersey lying within the circle, was allowed
to lapse, but it does not appear to have
been formally relinquished. But the
claim as to the whole bed of the river to
low water mark on the Jersey shor. has
always been maintained, and II case grow
ing out Of it has been pending before the
Supreme Court of the United States for
several years past
In occurred in this wise: In 1871 ol
~ several Jersey fishermen Were arrested
by Delaware authorities for alleged viola
ton Of the Delaware fishery law of ISL.
As they were arrested near the Jersey
shore, the authorities of that state dis
puted the jurisdiction of Delaware.
This led to the appointment, by the
legislatures of the two States. of Joint
commission with instructions to confer
and try to settle this disputed question
The commissioners appointed hy the Del
aware Legislature lin 1879 We're JOSEPH
| z. Gonegys, Edward L.. Martin and vii
: liam q. Whiteley.
The conference was unsatisfactory, tn,
Jersey commissioners claiming to til,
? center of the river and the Delaware com
r. missonrrs as strenuuusly claiming I,
, low water mark on the Jersey shore, an,
making report to the Legislature o
1875 affirming the validity and bindin,
force Of the Duke Of York s grant.
soon afterwards Auorn-y-Grnera
Nanatta, on behalf of New Jersey, filed
hill in the United States supreme Court
setting forth that his state claimed i,ris
diction al Hinm ripo, to the '.thrrad G
the river
g senator Bayard was drputized to i'll
an answer to this plea hut has never don
Il so.
Having accomplished the chief object i
view--the superceding of the operatio
Of the Delaware fishery laws over the di.
puted territory, pending the considera
II ton of the case by the Supreme Court
the Jersey authorities have not cared /
press the matter, and, as Delaware ha
d been equally inactive, the question ha
r never been officially passed upon.