State of New Jersey v. State of Delaware

• Decision Date: 03 June 1935
• Docket Number: No. 11,11
• Citation: 295 U.S. 694,55 S.Ct. 907,79 L.Ed. 1659
• Parties: The STATE OF NEW JERSEY, Complainant, v. The STATE OF DELAWARE
• Court: U.S. Supreme Court

295 U.S. 694

55 S.Ct. 907

79 L.Ed. 1659

The STATE OF NEW JERSEY, Complainant,

v The STATE OF DELAWARE.

No. 11.

Supreme Court of the United States

June 3, 1935

Decree.

This cause came on to be heard upon the pleadings, evidence, and the exceptions filed by the parties to the report of the special master,¹ and was argued by counsel. The Court now being fully advised in the premises and for the purpose of carrying into effect the conclusions set forth in the opinion of this Court, announced February 5, 1934 (291 U.S. 361, 54 S.Ct. 407, 78 L.Ed. 847);

It is now ordered, adjudged, and decreed as follows:

1. The report of the special master filed in this cause is hereby approved, and all exceptions thereto are hereby overruled.

2. Within the 12-mile circle (that is, within the circle the radius of which is 12 miles, and the center of which is the building used prior to 1881 as the courthouse at New Castle, Del., certain arcs of which are hereafter described and determined), the Delaware river and the subaqueous soil thereof up to mean low-water line on the easterly or New Jersey side is adjudged to belong to the state of Delaware, and the true boundary line between the states within said 12-mile circle is adjudged to be mean low-water mark on the easterly or New Jersey side of the Delaware river.

3. Below said 12-mile circle the true boundary line between the states of New Jersey and Delaware is adjudged to be the middle of the main ship channel in Delaware River and Bay.

4. The real, certain, and true boundary line separating the states of New Jersey and Delaware, in Delaware River and Bay thus determined is shown upon the annexed com- posite map, made up of parts of charts Nos. 294 and 295 (published in September, 1933), and No. 1218 (published in August, 1932), of the United States Coast and Geodetic Survey, embracing the particular locality; said composite map is identified by title and date as follows:

'Map of New Jersey—Delaware Boundary in Delaware River & Delaware Bay

'To Accompany The Decree of the Supreme Court of the United States Being a composite map combining and reducing U.S.C. & G.S. Charts 294, 295 (Sept. 1933) and 1218 (Aug. 1932) to show boundary between New Jersey and Delaware settled by the final decree of the Supreme Court of the United States—pursuant to the opinion of the Court reported in 291 U.S. 361 (54 S.Ct. 407, 78 L.Ed. 847).

'(Scale)

'March 30, 1935

'Sherman & Sleeper, Engineers

'501 Cooper Street, Camden, N.J.'

Said boundary line is described as follows:

Beginning at a point in the middle of the main ship channel of the Delaware river in the extension southeastward of the eastern arc of the compound curve of the boundary between Delaware and Pennsylvania, as surveyed by W. C. Hodgkins of the United States Coast and Geodetic Survey and set forth in Appendix No. 8 of the Survey Report for 1893; said point being a corner between Pennsylvania and New Jersey.

Thence (1) southeastward along said are extended to the mean low-water line on the eastern bank of the Delaware river, which point is N. 49 50 W. True, 460 feet from Boundary Reference Monument No. 1 the position of which is Lat. 39 47 43.211 , Long. 75 24 16.047 .

Thence (2) along the mean low-water line of the eastern bank of the Delaware river the several courses and distances thereof, the general direction being southwestward, crossing in a straight line the mouth of each intervening small estuary, to a point on the end of the spit extending southwestward from the fast land of Oldman's Neck, on the northwestern side of the mouth of Oldman's creek; said point is located N. 51 38 W. True, 637 feet from Boundary Reference Monument No. 2 the position of which is Lat. 39 46 23.552 , Long. 75 26 49.560 .

Thence (3) southwestward in a straight line across the mouth of Oldman's creek to a point on the mean low-water line located N. 51 38 W. True, 183 feet from Boundary Reference Monument No. 2.

Thence (4) along the mean low-water line of the eastern bank of the Delaware river, the several courses and distances thereof, the general direction being first southwestward, then southeastward, crossing in a straight line the mouth of each intervening small estuary, to a point located S. 3 57 55 E. True, 116 feet from Boundary Reference Monument No. 3 (which monument is United States Coast and Geodetic Survey Triangulation Station Salem Cove North) the position of which is Lat. 39 34 40.915 , Long. 75 30 46.972 .

Thence (5) southward in a straight line across the mouth of the Salem river to a point on the mean low-water line of the eastern bank of the Delaware river located N. 3 57 53 W. True, 108 feet from Boundary Reference Monument No. 4 (which monument is United States Coast and Geodetic Survey Triangulation Station Salem Cove South) the position of which is Lat. 39 34 03.753 , Long. 75 30 43.614. .

Thence (6) along the mean low-water line of the eastern bank of the Delaware river, the several courses and distances thereof, the general direction being first, southwestward, second, southeastward, and, lastly, southward crossing in a straight line the mouth of each intervening small estuary, to a point located S. 80 19 W. True, 55 feet from Boundary Reference...