Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-02-17

put the precise line OF division between
the States Of New Jersey and Delaware
having never been determined by my
conventional arrangement het ween the
States or the final adjudication OF
court OF competent authority ia still
more uncertain anu doubtful.
The State of Delaware has uniformly
claimed the sole and exclusive iurisdic-
tiun over the whole of the Delaware
Bay to low water mark gu the Jersey
shore, and it has to certain extent
used and exercised Intimidation over
the bay and river by grants Of terri
tory, acts OF restrictive legislation and
service Of process. On tho part of the
United States there has been no resist
ance OF this claim; but, IN the COT
trary, such acknowledgment OF the
States jurisdiction aa eau be inferred
from the acceptance on several occasions
OF ccssions by this State of certain
parts of tho hay and river for the pur-
pose OF erecting forts, piers and break
waters, Tor defence against she enemy,
or for the protection OF commerce. On
the part, also. OF the State of New
Jersey, this claim, though resisted in
its full extent, mas been PARTIAL, nc
NNNNa ~ hib ~ bLdl A1AhA'
having limited her claim Of jurisdic.
tion to the main ship channel of the
bay. There have been several efforts
made by New Jersey TO settle this
question of boundary between US, and
it is 10 Ice regretted that our Legiela
ture has not accsded TO the proposition
for conventional arrangement. or
adopted some other course 10 establish
the validity of our claim, So long back
as lIs2 John Dickinson, in message
to the General Assembly of this State.
informed that Indy that a resolution
had been adopted hy the Legislature Of
New Jersey appointing commissioners
for settling and establishing tho line
OF jurisdiction between that state,
Pennsylvania and this State" that
commissioners had also been appointed
by the State Of Pennsylvania; and he
gave il as his opinion that such a
measure was proper to he taken on
our part for settling the line of juris.
diction in the hay ami river Della
ware The recommendation was not
acted upon by the Assembly, and
though similar propositions have since
been made by New Jersey, they have
never been acceled to. The convention
went on between Nav Jersey and Penn
sylvania, ard resulted IN an amicabe
division of the islands, &c., within the
river, and an agreement that each state
should snjOy and exercise under Ger
tain restrictions, concurrent iurisdic.
tiun upon tine waters Of the river; hut
that all capital and other otfenses COM
mitted on the river, the juridiciul in.
vestigatiou aud determination thereof
should be exclusively vested ia the
State wherein the offender should he
FIRST apprehended, arrested or prose-
cuted. In November, 1920, the Lcgis.
lature of New Jersey passed law
authorizing the Governor to appoint
commissioners to meet commissioners
to he appointed by this State for the
purpose of settling the boundary line
between the States and defining the
jurisdiction OF each. The subject was
laid before our Legislature ana referred
to committee. who reported that il
was inexpeGient at that time to APP
point commissioners for this purpose.
According to the original law defining
the boundaries of the several counties
in New Jersey, passed in l709.10. the
counties lying upon the bay we're
bounded by the bay shore. which, so
far as it goes, countenanceB the claim set
up by this State to the whole OF the
Delaware; but in 1921, after failure
OF their proposition made the year pre-
vious for the mutual appointment oil
commissioners, the Legislature OF that
| State enacted and declared that the
boundary lines of the counties OF
Salem, Cumberland and Cape May were
the main ship emanuel In the river and
bay of Delaware adjoining those coun.
ties, and they appropriated munsy fol
trying the right Of the State to this OK
tent, and again made an overture fol
the arrangement Of the dispute by com
missioners The subject was agar
brought before cur Legislature for con
sideration, and the House of Repre
sentatives resolved "that tbs jurisdlc
tion and sovereignty of this State ex
tends over the bay or river Delaware I,
low water mark on the Jersey shore, ;
and again refused to appoint commits
sinners, The subject was not ectet
upon IN the Senate. Thus stands tn,
case at present. This Stats OF Dela war
claiming the soils and exclusive juris
dlction and title to the Delawa Bay
"a we'll by virtue Of ancient charters
constant occupation, enjoyment arr
usage 10 time running back previousl
10, aud at the Declaration OF Independ
ence-a claim not couttoyerted, or us
MED, but rather admitted, by tn
United Ststes-a claim at UnB time al
mitted on the part of tho State of Nei
Jersey. 10 far az the fixing tho bound
aries OF her counties in accordance wit
it, may fairly be construed an admis
sion, and now onl, denied by tia
state 30 far as regasds one-half of tn
bay, from the main ship channel eas,
wardly 10 the Jersey shore. We spea
of the claim Of this State because "
apprenend that from continual claim
or rather from tho undiRturhed and UT
disputed use, occupancy and enjoymel
OF territory extending bark beyord til
Declaration OF Independence, the rigt
and title TO such territoy is e6tablishe
hetsr and more certainly than hy refcl
ence to chartered limits. Since thf
! great event the States OF this Union hol
their territory not under charters iro
the British crown, but under the charti
which was scaled with tho blond an
established by the persoVering yaiur I
our Revolutionary fathers.
, At the date Of our Independence, Their
the Delaware Bay was claimed by an
in the occupation ami enjoyment of tx
State Of Delaware. From the Delawai
shore out as far as the main shi
, channel or middle of the bay ii
State of New Jersey did not then an
has not since asserted any title or 81
j up any claim OF jurisdiction to th
3 extent, therefore. this State has alwa,
been in the undisputed ana unGi
a TURNED occupation and use Of ii
. bay, claiming title and oxercisir
. jurisdiction over its bed and water
! Without deciding, then, tn the extel