Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-04-04

the Whole Question.
The following timely and very Wig
orous communication from n member of
the Historical Society of Delaware is
self-replanatory and contains the whole
Law and Gospel up to date of the
very important question now on the
carpet:
Editor Gazette 6 Journal: have read
with some amazement the letter OF
e.. Grosvenor Dave, which appeared
in EVERY EVENING Of Thursday
last, in relation to what is Familiarity
known as "The Duke OF York Deed of
the rwelve-mile Circle" Not content
with the important attempt to establish
and vindicete Mr.. Rogers right of
property in this document and his con-
sequent right to dispose of it to the
highest bidder, Mr.. Dave goes out of
his way to reprimand the people OF
Delaware in general, and the Historical
Society of Delaware specially, for their
supine indifference and neglect in per-
hitting the valuable records and papers
connected with our colonial and early
State history to be scattered, lost or
destroyed. Replying to Mr.. Howard
Pyle's very natural and proper sug-
gestion that some lawful proceedings
should be taken to prevent the sale OF
this important paper and to restore it TO
its rightfui owners and custodians, Mr..
DAVE glibly writes as follows:
1t is impulsive and impolitic for Mr..
| Howard Pyle to suggest, as he does in
letter in your paper of Saturday last, an
| injunction to prevent the sale OF the York
| Penn deed. 1t should be made clear to
| Mr.. Pyle that the deed never belonged to
the State of Delaware. 1t is an immeas-
urably important document to the State,
admit, but the State did not exist until
| nearly 100 years after the deed was exc
I cuted. Who, pray, should have been the
custodian of it up to the time that your
| State was called into existence? Mr.. Pyle
would lind it difficult to say. He would
also find it impossible TO prove that it ever
was transferred to any State authority.
MIR. Pyle, instead of urging the State to try
| to gain possession OF the document BY
some legal trick, should come out and
thank God that in the history of Della
ware til ere have been ar'sighted men like
j. Henry Rogers, who would hoard such
documents while the common herd would
pass them by unconsidered, .'merely old,
musty parchments written by dead mem
let the dead bury their dead" Mr.. Pyle is,
| of course, unaware that MIR. Rogers price
less collection was intended for the custody
of the State Historical Society. This is the
fact, but smaller and earlier gifts having
been carelessly treated by the society, Mr..
Rogers very properly thought it seems to
me, that those who could not he faithful
over few things were certainly not deserv-
ing of greater. On this point, however, Mr..
Rogers is better qualified to speak than |
am. The collection will now 10 to those
who appreciate it most; namely, those who
will give most for it. know several New
Workers who will be at the sale. The
Lenox Library here is almost always rep.
resented at such sales, ON the lookout for
historic treasures and ready to pay well for
them too. The Historical Society of Penn
sylvania is yirile and watchful and not
''moriound," which is the way an anti
quarian Of Milford characterized your His
torical Society.
In this lame endeavor to defend the
client the injudicious advocate has gwen
away his cause, and Mr.. Rogers may
we'll exclaim "Save me from my
friends ~
In conclusion, Mr.. DAVE says that his
long letter was chastity written" AT
some future day, when he has more
leisure, he may read with profit the fol-
lowing report of an interview with Mr..
Rogers by reporter of EVERY EVEN
ING, which was published In that paper
on Wednesday last; ..
In reply to questions Mr.. Rogers said
After the Battle of Brandywine the
British took all records from New Castle 70
New York-ransacked the Court House
Judge Booth was sent on TO New York fol
lowing the declaration of peace, as com
missioner from Delaware to receive tho
papers. He found them all heaped up in
, q roOm-Arnolds correspondence-Was
ington's letters to Arnold-M0ntgomery
(Quebec) correspondence with Pr Guy
Carleton were among them = BootL
brought the papers back 10 New Castle
then assorted thein--the public documents
were put in the offices and those that were
left over were placed in his possession
the deed of Twelye-Mile.Circle was among
: them-(Mr, Rogers resumed. hesitMingly
only infer the TweIve-Nlilc-Circ!e deel
! was among them,
He (Mr. Booth) died in 1925. ! wa
born in II. l remember my grandfathe
, Il asked nTy grandmother for the ole
papers. Nobody else could get them.
commenced with my autograph book
about 50. know it was after Mr.. Iugra
: hams death"
1t would seem to be clear, therefore
that Mr.. Rogers ancestor obtained pos
: session of the deed while acting as tn
accredited agent of Delaware, and il thi
be so it follows that the grandson ha
no better right to sell it than the grand
father had. This is the conclusion to b
drawn from tho facts as stated by Nj
Rogers himself. Bu; MIR. Dave init
u mates that il would be difficult to prov
that the decd ever belonged TO the Stat
. of Delaware. This Kind OF dcfenc
4 would pu. Mr.. Rogers in tEe cuandar.
q of claiming property through his grand
e fathers breach CT trust--the failure o
e an agent to deliver to his employee
u whatever he had received in the nam
+ end right of the latter. II may, how
!, ever, be reasonably assumed that III
/ deed originally came into the possesSio
\ Of the State, as the successor of til
d "Three Lower Counties on the Della
y ware" Delaware became State i
y 1176, under the Constitution, which wa
y adopted September 10Th OF that yea
" q and the Legislature, during the perio
~ of the Revolution, citeE held its session
a. at New Castle, and there the NEST in
porteut parl OF tho State archives weT
kept, as ;sey had been prior TO the cf'
?. aticn Of the State. The first Leg!ki:
A. :ure met, ct "New. CAsile.on.D Delaware.
is ON October 2S,i, 1875. snd confused !
y hold its sessions at that town uEtii Jun
:. 9Th, 1877. lMinutes Of the Council {
ID Delaware State, page 1879 The nsa
AZ meeting of the legislative body was .
Of the town Of Dover, October sd, Ut
J. J: In tho interval the battle OF Brand!
" wine Lad been fought, tSepteTn6er lit
ie lTT7,) ard detachment Of the Bitia
he forces had TRANSCRIBED" the Court Hou;
4 at New Castle.
SC BY special order of the President