New Jersey v. Delaware
295 U.S. 694 (1934)

Annotate this Case

U.S. Supreme Court

New Jersey v. Delaware, 295 U.S. 694 (1935)

New Jersey v. Delaware

No. 11, original

Decided February 5, 1934 (291 U.S. 361)

Decree entered June 3, 1935

295 U.S. 694


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, 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. 291 U.S. 361);

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, Delaware, certain ares 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 composite

Page 295 U. S. 695

map [see printed version for 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"


"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. 291 U.S. 361."


"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

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