Evening journal., 1909-02-05
VALUABLE RECORDS
PRESENTED TO STATE

Nr@at~@~~ff-t-2
patents
Without here going into the details n
regard to this litigation. It is sufficient 70
say that these identical parchment let
tiers patent were 81 evidence IN the case
OF Penn vs.. Lord Baltimore. nied June
1ist. 4 D. 1Tl5. and decided in the Nigh
Court o. charcery n England n 1T5o. n
this case LORD Hardwics rnally disposed
oe LORD Ealt.n.ores ciz!-rs 70 the lard
-ow comprising the state o. Delaware. II
rs op.ason IN this case @ YES ST.. s$4-45s)
Re says: y an % opinion that Full ard
zctrai possession IS susec.ert t.tls 70
-.2.>tsi= 3 suit cor settling boundaries. :
strict title IS never entered .-to - cases
az th.s k.Sc win say. o-ce so-
az. that lozg possession ard enjoyment
Is o=e % the best t.tles 70 Lands =
america that car be -
II the trial % this case these papers
were = ewds-cs as constituting rs--
t,tie. ard TIE decree % Lord Ea.dw!ck
settled the validity e-c iega, sufAc.e-ey
o. these deeds. ths -.ght &C the province
under then. anS. Q. course. its boundaries
as described 81 the deeds
This vos the sane province which was
founded Il lesa. these were tire deeds urde-
which . was founded. ard these were TIE
boundaries By which it had basn deemed
from the beginning
Briefly then these paps-s constituted
THE title Of TIE Province ard Colony q
Delaware Up 70 the t.n.e % TIE Declare
tion OF Independence. ard fro=a the ult!-
mate basis ot al real estate titles IN this
State to-day
Under this title Wtllai. Penn took
poession OF what IS now Delaware end lt
IS important 70 note how careful Re was
that his sei1ure SHOULD conform, 70 law.
shown the Deeds.
In the records OF New Castle county
there Is recorded the statement OF John
Noll one Of the Duke OF York's attorneys
appointed 10 give Penn possession OF the
lands. in which he certines that Wnnan
Penn at his frst arrival from England
bv the town Of New Castle IN the month
Of October, 4. D.. 1872. notified the Com
rnissioners OF his desire TO speak TO them.
and that he. Mol. being left the first IN
commission. upon such notlce. went
aboard Penn's vessel ard was there
shown the two deeds OF feonnent from
the Duke Of York. dated August 2sth. ,ese
one FOR New Castle and the twelve mile
circle, and the other extending south from
Now Castle TO Cape Henlopen. and that
he with the other commissioners, did give
ard surrender actual and peaceable pot
session Of the fort OF New Castle. by
giving him the key thereof 10 lock upon
himself alone. which was opened BY him
again. and we delivered also unto him
one turf with twig upon Il. a porringer
With river water and soil, in part OF all
that was specified in said deed and q
few DAYS afterwards. in ike manner. they
made delivery Of the other lands in Della
ware.
These deeds from the time that Penn
submitted them TO the people Of New
Castle, October 18th. 4. D. 1852 up 70 tire
present time. have been carefully guard
&c and cherished. and their authenticity
conclusively proven, 50 that they are the
true and bona fide deeds upon which rest
primarily the title to the State and the
titles Of the inhabitants thereof % this
day
The FIRST attack upon Penn's title was
made by Lord Baltimore May 2lst. A. D.
1858. who prayed that the grant might not
pass until the extent OF his grant should
be determined, and finally It was decided.
November 18th. A. D.. 1855 q Votes Penna.
Assembly X lid TO divide the lands in
dispute in accordance with the decree
Notwithstanding this decree. and the
agreement then made between Penn and
Baltimore, Lord Baltimore brought tho
matter before Queen Anne in January,
lTos, when his appeal was dismissed Not
yet satisfied, he presented his claims
again before the Council. where his petit
ton was again dismissed. and the order
OF November 7th A. D. 1855. was con-
frned in all its parts, and put into execu-
ton
Attack Upon Title.
After the chancery proceedings before
Lord Hardwick in 1850. and subsequent
Chancery proceedings twelve years later.
this dispute was terminated, but Il was
not until 1775 that the westerly lire be-
tween Delaware and Maryland was frr.ly
established.
The next attack was in the Pea Patch
Island case. determining the boundaries
Of Delaware and New Jersey. ana more
particularly the title Of the State OF Del
aware 10 the territory Within the twelve
mile circle within which circle was the
Pea Patch Island.
The State OF Delaware. Nay z7tn. 4.
D, 1918. decided its title 70 this island TO
the United States FOR q fortress ard
James Humphries Of New Jersey claimed
title to the same from New Jersey.
BY agreement. Hon. John Sergeant was
appointed arbitrator, and on January l4th
A D. 1sis he delivered his opinion.
awarding the Island 70 the United states
go Fed. Case, P. 1l2s, Case Is. SD. Al this