Delaware Bay Before the White Man Came

Captain John Smith of Virginia, sometime friend of Pocahontas, wrote a letter to Captain Henry Hudson that he understood there was a big gap in the continent to the North of the Virginia Capes, and maybe this was the Northwest Passage to China. Hudson set out to look for it.

Hudson

Smith's misjudgment now seems like a credible story if you take the ferry from Lewes, Delaware to Cape May, New Jersey. You are out of sight of land for half an hour on that trip, and it's a hundred miles of blue salt water to Philadelphia if you decided to go in that direction. In fact, the bay widens out to double the width or more, just inside the capes, and you can see how an explorer in a little sailboat might believe there was clear sailing to the Indies if you went that way. But as a matter of fact, Hudson encountered so much "shoal" that he ran aground repeatedly trying to sail into the bay, and soon gave up. He encountered a swamp, not an ocean passage. The Hudson River, and later Hudson's Bay, seemed like better bets.

What Hudson had encountered was the one of the largest gap in the chain of Atlantic barrier islands, formed by the crumbling of the Allegheny Mountains into the sea, and then washed up as beach islands by the ocean currents. At various points, the low flat sandy islands became re-attached to the mainland as the intervening bay silted up, and that's why the islands of New Jersey and Delaware seem like part of the mainland. And that's what would have happened to the whole Delaware Bay if it hadn't been ditched and dredged, and the wave action diverted with jetties. The swamp was a great place to breed insects, so fish were abundant, and that brought birds in vast numbers. Two stories illustrate.

Horseshoe Crabs

Once a year, a zillion ugly Horseshoe Crabs crawl out of the sea onto the Lewes beaches, and lay a million zillion eggs in the sand. Almost to the moment, a swarm of South American birds swoop out of the skies to eat the eggs. Those birds started flying months earlier from thousands of miles away, but their timing with regard to Delaware crab eggs is perfect, so this evolutionary semi-miracle must have been going on for many centuries.

Cape May

Now, coming from the other direction, every hour each fall it is possible to see a hawk or two fly south to Cape May, and then sort of disappear in the woods. And then, at some unknown signal, tens of thousands of hawks rise from the bushes and travel together on the thirty mile passage over the bay, and then go on South. Cape May has lots of migratory birds and bird watchers, and it also has Cape May "diamonds", which are funny little stones washed up at the tip of Cape May Point.

In the spring, vast schools of successive species of fish migrate up the Delaware Bay to spawn in the reeds along the shoreline, but as each school encounters the point where the salt water turns fresh, they stop dead. They mill around at this point for several weeks adjusting to the change of water, and then go on about their business. While they are there, it is possible to catch amazing amounts of fish, if you know the best time, and if you know where the salinity changes. Since heavy or light rainfall can shift the salinity barrier fifty miles, you have to own your own boat if you want to enjoy this phenomenon, since the rental boats are all spoken for months in advance. Fishermen don't like to tell you about such things; patients of mine who literally owed me their lives have refused to say where I might find the fish, this year.

Over on the New Jersey side of the bay, oysters like to grow, although something has just about wiped them out in recent decades. There is a town called Bivalve, which is worth a visit just to see the towering piles of oyster shells left over from last century. For miles around, the roads are actually paved with ground-up oyster shells. Up around Salem, the shad used to run by the millions until the warm water emerging from the Salem (nuclear) power plant attracted them into the intake pipes and some sort of action was taken to abate the nuisance. The Salem Country Cub is one of the few places where planked shad can be obtained in season. The system is to split the fish open and nail it to a board, which is then placed in the big open fireplace to cook, and sizzle, and smell just wonderful good. On the other hand, if you want to buy shad in season (March-May) and cook it at home, the place to get it is in Bridgeton.

At the far northern end, at Trenton, the real Delaware River flows into the bay. The area has long since been dredged and dammed, but at one time the "falls" at Trenton were notable. Even today, if you travel upriver almost to Lambertville, you will see the river drop over several small ledges. Actually, rapids would probably be a better descriptive term, since the Delaware picks up quite a strong current coming down from the Lehigh Valley. In seasons of heavy rainfall, the falls can be completely "drowned".

And down at Philadelphia where we live, the Schuylkill joined the Delaware, forming the largest swamp of all at the river junction, a place once famous for its enormous swarms of swans. The Dutch discovered a high point of land at what is now called Gray's Ferry, and made it into a trading place for beaver skins from the local Indians. There seems no reason to doubt the report that they took away thirty thousand beaver skins a year from this trading post.

An English sailing vessel was once blown to the East side of the Delaware at what would now be Walnut Street, and it was recorded in the ship's log that it was scraped by overhanging tree limbs. The high ground at that point seemed like a favorable place to situate a city, because the water was deep enough for ocean vessels. They had stumbled on one of the relatively few places in the whole bay that were both defensible and navigable, where game was abundant, and fishing was good. The rest is history.

http://www.philadelphia-reflections.com/blog/1085.htm

Tunnell's Boys by Tony Junker

Henry Hudson

When you take the ferry across the mouth of Delaware Bay from Lewes to Cape May, you are out of sight of land for half an hour. But the Army Corps of Engineers have thoroughly dredged it out. By contrast, when Henry Hudson first discovered the river while searching for a Northwest passage to the Indies, it was so full of snags and shoals that he just gave up and sailed on to what is now New York harbor. So, for centuries the river pilots were an essential part of ocean commerce to Philadelphia. As you might well imagine, the earliest pilots were members of local Indian tribes. Eventually, a proud colony of professional pilots grew up at Lewes, Delaware. Since radio communication is a comparatively recent development in this ancient trade, they had to devise ways for an incoming ship to select a pilot, and establish rules to be enforced by the Port Wardens about how to go about it.

In the mid-Eighteenth Century, the system was to hang a black ball from the Cape Henlopen lighthouse whenever a ship was sighted. Little companies of ten or fifteen pilots would then jump into very fast schooners designed for the purpose, and race to be first out to the ladder hanging from the incoming ship's side. The rule was, the first to arrive and present his certificate got the job. Tony Junker, an actively practicing Philadelphia architect has immersed himself in tales and adventures among the pilots, and Tunnell's Boys is an exciting new novel about this dangerous, wet and uncomfortable, profession.

http://www.philadelphia-reflections.com/blog/1233.htm

Elizabethan Accents in Philadelphia

William Shakespere

The following is nearly verbatim recounting of a conversation which took place in Philadelphia, between two Philadelphians, in the year 2006, Elizabeth II reigning. The scene is the dressing room for the basement exercise area of a private club. There are about forty stalls for members to hang up their clothes before going into the gym. Although clothes are usually seen hanging in no more than three or four stalls, on this particular day there was only one empty stall, at the far end of the long corridor.

FIRST STRANGER: Well, we certainly have a lot of athletes in the club, today.

SECOND STRANGER: You're very generous with that description of our members.

FIRST STRANGER: Perhaps I ought to call them athlete-wannabees.

SECOND STRANGER: Yes, that's apt.

(Exeunt)

Shakespeare would have expressed it a little better, but anyone can recognize in this little exchange, the elements of those short interlude scenes in Shakespearean plays. The bit players create brief background while the stagehands shift scenery between major acts. Nobody actually has an Elizabethan accent these days, but in Quaker and Upper-Crust Philadelphia circles, the Elizabethan manner of speaking pops out at odd moments, as a code way of asking strangers, "Are you a native Philadelphian? You sort of look like one." If the stranger doesn't seem to grasp the idea, well, let it pass.

Elizabeth I

In the more remote sections of the Delmarva peninsula, it is claimed the natives often do speak in a pure Elizabethan accent. Somehow I am dubious of that, having listened for it over sixty years of travel in those regions. Rural Delaware talks with a softened version of a Southern accent, even softer than you hear in Tidewater Virginia. It's hard to believe that Marlowe and Shakespeare talked like that. But go into a roadside coffee shop and listen to the truck drivers joshing the waitress; it's not an accent but an Elizabethan manner of address that's recognizable. They self-consciously stop talking that way when obvious strangers come into the shop.

Because of Dr. Samuel Johnson's dictionary, Shakespearean adjectives pepper English speech in all regions of the world. Johnson was a theater critic in his early days, so when he needed familiar quotations to illustrate the words in his dictionary, he drew heavily from Shakespeare. William Shakespeare's tendency to invent likely vocabulary was thus enshrined by Johnson's dictionary as official language for the English-speaking world for centuries to come. Some quite uneducated farmers therefore have an unexpectedly elegant sound to their speech whenever these Shakespearean influences persist. But an accent? Hard to pick it out, if it's present.

Sam Johnson, who by the way was contemptuous of the American Revolution, also impresses on Philadelphia talk a set of one-liner mannerisms that can be quite useful in debate, such as in board and committee meetings. The Quaker habit of holding back until others have spoken gives an opportunity to consider and refine an apt phrase, then use it to good effect when discussion seems near conclusion. All of this comes from study of Boswell's biography of the old curmudgeon, mostly jotted down at the table in an Eighteenth century tavern, no doubt with a quill pen. To sit silently while others are excitedly shouting at each other eventually gives the curmudgeon a certain right to be heard, particularly when others are out of breath. Johnson had a signal that he had got his one-line epigram ready, everybody please be quiet. "Why, sir," he would rumble, and then the argument was about to get settled. The equivalent Quaker signal would be, "Well, it has always seemed to me..." And then, you can be sure the meeting will soon be over.

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Georgetown Oyster Eat: Separate but Equal

Oyster Knife

It's a source of some regret never to have attended the Georgetown Oyster Eat. It occurs in the middle of February when the days are dark and short, and the weather is uncertain for driving.

Local citizens of Sussex County, Delaware, report no one alive remembers when or how the custom began. In the nature of such things, a certain amount of historical inaccuracy is thus to be expected. It certainly did start out as an all-male event, taking place in the fire house. One inflexible requirement is that a participant must bring his own oyster knife, which is a very heavy chunk of iron with a short blade attached, sort of like a screwdriver. The ones I have seen are all one piece of iron, suggesting they have been hammered out in a blacksmith shop. The flattened-out blade serves as an eating utensil, as well as a wedge to pry open the oyster shell. The oysters are eaten raw and whole, often with some sort of condiment, like horse radish sauce. Some eaters favor a whole lot of ground pepper, and various other ancient remedies are said to make an appearance. The main beverage is beer, lots of beer.

Beyond that, not much is known or divulged to the public, although a party attended by nearly a thousand tipsy people can't keep very many secrets. Before the party, the windows of the firehouse are covered with brown wrapping paper, sealed with tape. Kegs of oysters and kegs of beer are rolled into the firehouse before other things get rolling, and a lot of loud noises and laughter emerge almost all night. The sponsors claim to bring a thousand bushels of oysters to each party, although it is hard to imagine very many people eating their quota of a bushel apiece. The per-person beer consumption is a statistic kept confidential. The ladies of the neighborhood report numerous husbands eventually returning home, with their glasses broken, and suspicious red bruises on their faces. Aside from that, nobody knows nothin'.

About ten or fifteen years ago, feminism reached the Delmarva Peninsula, and the ladies started their own brawl. Renting the Grange Hall and brown-papering the windows, they make a lot of noise come out all night. Because of some sort of oyster virus, oysters are not nearly so plentiful any more. There's a more elaborate accusation that excessive fertilizer on the farm fields runs off and stimulates a bloom of algae, which depletes the oxygen of the river and kills a lot more than oysters. Anyway, the oysters are in short supply. If the local firehouse custom dies out, it won't be from lack of enthusiasm, however.

http://www.philadelphia-reflections.com/blog/756.htm

Delaware's Court of Chancery

Chancery

Georgetown, Delaware is a pretty small town, but it's the county seat so it has a courthouse on the town square, with little roads running off in several directions. The courthouse is surprisingly large and imposing, even more surprising when you wander through cornfields for miles before you suddenly come upon it. The county seat of most counties has a few stores and amenities, but on one occasion I hunted for a barbershop and couldn't find one in Georgetown. This little town square is just about the last place you would expect to run into Sidney Pottier and all the top executives of Walt Disney. But they were there, all right, because this was where the Delaware Court of Chancery meets; the high and mighty of Hollywood's most exalted firm were having a public squabble.

Only a few states still have a court of Chancery, but little Delaware still has a lot of features resembling the original thirteen colonies in colonial times. The state abolished the whipping post only a few decades ago, but they still have a chancellor. The Chancellor is the state's highest legal officer, and four other judges now need to share his workload, which was almost completely within his sole discretion seventy-five years ago. In fact the Chancellor usually heard arguments in his own chambers, later writing out his decisions in longhand. The Court of Chancery does not use juries.

Sir Francis Bacon

Going back to Roman times, the Chancellor was the highest official under the Emperor, and in England the Lord Chancellor is still the head of the bar in a meaningful way. Sir Francis Bacon was the most distinguished British Chancellor, and gave the present shape to a great deal of the present legal system. A court of Chancery is concerned with the legal concept of equity, which is a sense of fairness concerning undeniable problems which do not exactly fit any particular law. The Chancellor is the "Keeper of the King's conscience" concerning obvious wrongs that have no readily obvious remedy. You better be pretty careful who gets appointed to a position like that, with no rules to follow, no supervisor, no jury, dealing with mysterious issues that have no acknowledged solution.

George Read

Delaware's Court of Chancery evolved in steps, with several changes of the state Constitution over two hundred years. As you might guess, a few powerful chancellors shaped the evolution of the job. Going way back to 1792, Delaware changed its Supreme Court from the design of the 1776 Constitution, and George Read was the new Chief Justice. However, it was all a little embarrassing for William Killen, who had been the old Chief Justice, getting a little old. Read refused to have Killen dumped, and in this he was joined by John Dickinson, who had been Killen's law clerk. So Killen was made Chancellor, and a court of Chancery was invented to keep him busy.

Under a new 1831 Constitution, the formation of corporations required separate enabling acts by the Legislature, and limited their existence to twenty years. However, the 1897 Constitution relaxed those requirements and permitted entities to incorporate under a general corporation law and allowed them to be perpetual. By this time, other states were distributing equity cases to the county level, but Delaware was small enough to justify a single state-wide Court. That court was attractive to corporations because it could become specialized in corporate matters, but it retained a pleasing number of equity cases among common citizens, thus maintaining a more generally understandable point of view.

But other states thought they could see what Delaware was up to. In 1899 the American Law Review contained the view that states were having a race to the bottom, and Delaware was "a little community of truck farmers and clam-diggers . . . determined to get her little, tiny, sweet, round baby hand into the grab-bag of sweet things before it is too late." However that may may be, corporations stampeded to incorporate in the State of Delaware, and the equity of their affairs was decided by the Chancellor of that state. In one seventeen year period of time, the U.S. Supreme Court reversed the decision of the Chancellor only once.

Chancery's jurisdiction was complementary to that of the courts of common law. It sought to do justice in cases for which there was no adequate remedy at common law.

A. H. Manchester Modern Legal History of England and Wales, 1750-1950 (1980)

Some legal scholar will have to tell us if it is so, but the direction and moral tone of America's largest industries has apparently been shaped by a small fraternity or perhaps priesthood of tightly related legal families, grimly devoted to their lonely task in rural isolation. The great mover and shaker of the Chancery was Josiah O. Wolcott (1921-1938), the son and father of a three-generation family domination of the court. Most of the other members of the court have very familiar Delaware names, although that is admittedly a common situation in Delaware, especially south of the canal. The peninsula has always been fairly isolated; there are people still alive who can remember when the first highway was built, opening up the region to outsiders. Read the following Chancelleries quotation for a sense of the underlying attitude:

"The majority thus have the power in their hands to impose their will upon the minority in a matter of very vital concern to them. That the source of this power is found in a statute, supplies no reason for clothing it with a superior sanctity, or vesting it with the attributes of tyranny. When the power is sought to be used, therefore, it is competent for any one who conceives himself aggrieved thereby to invoke the processes of a court of equity for protection against its oppressive exercise. When examined by such a court, if it should appear that the power is used in such a way that it violates any of those fundamental principles which it is the special province of equity to assert and protect, its restraining processes will unhesitatingly issue."

That is a very reassuring viewpoint only when it issues from a person of totally unquestioned integrity, a member of a family that has lived and died in the service of the highest principles of equity and fairness. But to recent graduates of business administration courses in far-off urban centers of greed and striving, it surely sounds quaint and sappy. And many of that sort have found themselves pleading in Georgetown. Just let one of them bribe, muscle, or sneak into the Chancellor's chair some day, and the country is in peril.

http://www.philadelphia-reflections.com/blog/459.htm

Delaware Declares Independence ... From Pennsylvania

Delaware Map

To bewilder your friends from the State of Delaware, just ask them when and why Delaware broke off from Pennsylvania; chances are they haven't the foggiest answer. But they will recognize it is a legitimate question. Everyone does know that Delaware was once owned by William Penn and was part of Pennsylvania. It was generally referred to as the three Lower Counties. But what happened then doesn't seem to be taught very effectively in the Delaware schools, and not much is written about it.

Not much is written because not much happened. No revolutions, bombings, hangings or even acrimonious debate; just think how much Serbia, Russia, China, Sudan and a lot of other countries have to learn about self determination from Delaware.

The history of Delaware up to 1674 was of Dutch, Swedish and even some Finnish settlement and arguments; doesn't count. The Duke of York (later James II) owned it and seems briefly to have toyed with combining it with New York; that's how the Delaware happens once to have been called the South River, and the Hudson the North River. But William Penn acquired it in 1682, mostly with the motive of having unchallenged access to the ocean from Pennsylvania. Apparently the people who lived away from the river felt more kinship with Maryland, and expressed unwillingness to be linked with some religious experiment in Philadelphia, especially if they had to travel there to settle their affairs. There is not much Catholicism in Delaware at present, but that seems to have been part of the uneasiness in 1701. So Penn granted them quasi-autonomy and their own separate assembly, which resulted in a peaceful enough arrangement until the American Revolution. Penn got all he wanted, which was to sell off the land and maintain a clear river passage, and by the time of the Revolution his descendants had lost all control of things. The control of Pennsylvania over its three lower counties had never been terribly firm, and during the eight-year Revolutionary chaos, it sort of drifted away. When its votes were needed for the Declaration of Independence and later for the Constitution, it was expedient to recognize Delaware's claims.

That's perhaps all there is to this vague story of statehood building, except for one nagging doubt. Delaware was a plantation state, and a slave state. It s sided with the North during the Civil War, but it remained a slave state. It voted against Lincoln's Emancipation overtures, and refused to ratify the Thirteenth, Fourteenth and Fifteenth Amendments until 1901. Until the Lewes-Cape May ferries got busy with Garden State Parkway traffic, lower Delaware's population was almost exclusively either African-American or many-generation English descendants. The hospitals had white-only and black-only restrooms until the Second World War. Nothing better illustrates that the Civil War was primarily fought to defend the Union, rather than to eliminate slavery, than the tangled local history of the border states, of which Delaware was definitely one.

And so, you have to wonder. Is it possible that the residents of the Lower Counties in 1776, especially in the southern portion where John Dickinson had a plantation, could recognize that the Quakers of Pennsylvania were relentlessly moving in a direction which surely would eventually conflict with the slave system. Maybe, looking ahead, the chaos of Revolutionary times provided a plausible moment to make a clean separation. These are awkward questions to ask, perhaps passed by in silence.

http://www.philadelphia-reflections.com/blog/992.htm

John Dickinson, Quaker Hamlet

John Dickinson

John Dickinson (1732-1808) would probably be better known if his abilities were less complex and numerous. It would have been particularly helpful if he had consistently remained on only one side of the important issues of his day. Born in a Quaker family and buried in a Quaker graveyard, he was for years a notable Episcopalian and soldier. He outwitted John Penn, the Pennsylvania Proprietor who was trying to keep Pennsylvania from sending representatives to the Continental Congress, by having the Pennsylvania representatives hold a meeting in the same small room of Carpenters Hall at the same time as the Congress. But he ultimately refused to sign the Declaration of Independence. Although he was the main author of the Articles of Confederation, the Constitution which replaced it would not have been ratified without his idea of a bicameral Congress. Although he was Governor of Pennsylvania, he was also Governor of Delaware, having been the central figure in the separation of the two states. In fact, for fifteen years he was a member of the Legislature of both states. Dickinson seems in retrospect to have been on every side of every argument, but he was immensely respected in his time.

Two events seem to have been central in the organization of his life. The first was his education as a lawyer. At that time and for a century afterward, lawyers were trained by apprenticeship. Dickinson, however, studied at the London Inns of Court for four years, and was by far the most distinguished lawyer in North America for the rest of his life. Furthermore, he absorbed the principles of the Magna Carta and the approaches of Francis Bacon so thoroughly that he never quite got over his pride in his English heritage. Throughout his leadership of the colonial rebellion he acted as a better Englishman than the English themselves. It would not be hard to imagine Dickinson standing before a firing squad, gritting the words of St. Paul, Civis Romani Sum.

The other pivotal experience was the Battle of Brandywine. Dickinson had been the organizer and chairman of the two main Pennsylvania military organizations, the Pennsylvania Committee of Safety and Defense, and the so-called Associators (today's 111th Infantry, the first battalion of troops in Philadelphia). Both of these peculiar names were a characteristic gesture to conciliating pacifist Quaker feelings. Nevertheless, when Dickinson refused to sign the Declaration, he did temporarily become so unpopular he resigned his military commands. A few months later, when General Howe landed at Elkton at the narrow neck of the Delmarva peninsula, Dickinson enlisted as a common soldier to defend the southern perimeter of the defense line Washington had hastily thrown up to defend Philadelphia. Shortly afterward, Dickinson's friend and neighbor Caesar Rodney made him a Brigadier General in charge of the garrison around Elizabeth New Jersey, but the Battle of Brandywine taught an important lesson. Little states like Delaware and Maryland could not possibly defend themselves without alliance and coordination with the larger states. Delaware was later very active in persuading the other small states to surrender sovereignty in the Constitutional Convention, to be the first to ratify the Constitution, and eventually in the Civil War to remain within the Union in spite of being a slave state. Going back to the Battle of the Brandywine, the lesson was permanently and indelibly taught that a foreign army in Elkton, could gobble up Dover or Baltimore within a week. And that, too, is part of an overarching theme of his life which makes many inconsistencies consistent. He devoutly believed in peace and order within a large nation. If it could not be within the British Empire, at least it had to be more than just a little state consisting of a few counties. Once he finally accepted the idea of separation from England, he devoted his life to achieving a voluntary union of formerly sovereign states. Many large nations have been unified by armed force; ours was and continues to be the only one to do it voluntarily. Dickinson was central to the concept of honest negotiation and necessary compromise, which even today continues to escape the United Nations and the European Union.

John Dickinson was known as the "Penman of the Revolution" in his day because of his persuasive arguments, but the hotheads refused to grasp his wise advice that the King would be more persuaded by economic pressures on his merchants than by Colonials shooting his Redcoats. The Tories and the proprietors, on the other side, never forgave him for denouncing their abuses of power. Super-patriots again distrusted him after he refused to sign the Declaration, while those who were bankrupted by the Revolution resented that at some times, by some definitions, he remained the richest man in Philadelphia. Meanwhile, the really serious Quakers would never forgive any member who organized, led and fought as a soldier, no matter what else he might have done. But none of these resentments really proved that he was being inconsistent.

Perhaps some understanding of Dickinson can be gleaned from the 1779 summary of him in the Diary of John Adams:

"He [Chevalier de la Luzerne] inquired after Mr. Dickinson, and the reason why he disappeared. I explained, as well as I could in French, the inconsistency of the Farmer's Letters, and his perseverance in that inconsistency in Congress, Mr. Dickinson's opposition to the Declaration of Independency. I ventured, as modestly as I could, to let him know that I had the honor to be the principal disputant in Congress against Mr. Dickinson upon that great question; that Mr. Dickinson had the eloquence, the learning, and the ingenuity, on his side of the question; but that I had the hearts of the Americans on mine; and, therefore, my side of the question prevailed. That Mr. Dickinson had a good heart, and an amiable character; but that his opposition to independency had lost him the confidence of the people, who suspected him of timidity and avarice, and that his opposition sprung from those passions; but that he had since turned out with the militia against the British troops, and, I doubted not, might in time regain the confidence of the people."

This statement of John Adams' respect for the Declaration continues his insistence that the critical moment was when Congress decided to act on his proposal, not when Jefferson penned some propaganda for it. The point for Dickinson is best summarized that Adams felt the point of no return had been reached long before July 4, 1776, while Dickinson felt it had not been reached even then. Dickinson was quite right that the artificial fuss over the Tea Act was no reason to go to war. Adams was right that public hysteria had surged to a point where further resisting the public would cost you your ability to lead it. It was the Quaker in Dickinson coming out; he was "morbidly principled". Only when the Redcoats were marching across the neck of Delaware would he concede that events had overtaken logic.

http://www.philadelphia-reflections.com/blog/559.htm

Georgetown Returns Day

Georgetown

Early in November, two days after each election, Georgetown Delaware puts on a festival called Returns Day. About two hundred years ago, there was a law that all ballots had to be cast in person at the courthouse in the county seat (Lewes, at that time), and it took two days to count the votes. Everyone, candidates included, would hang around at the courthouse to learn who had won. After a few elections, except in wartime when the ceremony was temporarily skipped, the popular tradition has continued even though of course the election results are known much earlier. Although the function of revealing election results has yielded to the news media, the ceremony has assumed importance for its own sake. Unless it rains pretty hard, the parade lasts three hours, with ten or twelve marching bands, and local amateurs struggling with bagpipes. The candidates, winner and loser, ride gamely around the square in horse-drawn carriages. You can imagine what would happen to the political future of any candidate who declined to participate in what is now a mandatory public entertainment.

U.S. Senator from Delaware

Two features of this festival are especially notable. There is a hatchet-throwing contest, trying to get the flying hatchet to catch one corner in a post. It's not an easy thing to do. And then there is hatchet-burying, which is said to date back to the Nanticoke Indians. The traditional hatchet is brought from Lewes, as is the sand. This is all said to be the origin of the folk-saying about burying the hatchet, and it's really very heart-warming to believe the election is only an election, and the competition is over. It's probably not entirely true, of course, but it symbolizes what the public wants to believe is true. And what the public is telling politicians -- had soon better become true, again.

http://www.philadelphia-reflections.com/blog/757.htm

Pirate Lair

Jolly Roger

The Delaware takes a ninety degree turn right at about the place where the Salem nuclear cooling towers are visible, and great quantities of silt have piled up in the river there, making marshes and swamps. There is a rumor that Captain Kidd tied up among these marshy islands, and much better evidence that Blackbeard the Pirate used the Delaware marshes as a hideout. Since a high-speed highway, with limited access, now rushes visitors to the slot machines of Dover and the beaches of Lewes, no one much notices that this area hasn't changed much from what it probably looked like three hundred years ago.

But if you take the old road, Route 9, you wander through the back country and are only likely to meet duck hunters. At one point, with a lake to one side and the river on the other, a watch tower has been erected for bird watchers and the like. It's very beautiful there, and quiet.

So one day I drove up, parked my car at the base of the tower, and climbed a hundred steps to the top. Blackbeard was not in evidence, but it was easy to see how he might be pretty secluded in the coves and behind the trees. There were lots and lots of birds, interesting enough but mostly unidentifiable by me. Like most big-city lovers of the environment, I mostly classify birds as little brown jobs (LBJ) and big black buggers (BBB). And then a car drove up, with some chattering teenagers.

Copperhead

From a hundred feet up, it was hard to tell what they were saying, and it probably didn't matter much. Until suddenly one of the girls screeched out, "Oh look! There's a big snake under that man's car! "

One of the boys in the car shouted out, "That's a copperhead snake! I've never seen one so big!"

And so, they roared off into the distance, leaving the marshy paradise to me and the snake. What do I do now?

I waited, hoping the snake would go away. But it started to get dark, and now it was even more unattractive to chase around with snakes. So, creeping to the bottom of the stairs, I made a dash for the car door, jumped in, and slammed it tight.

As I drove away, I could not see any snake on the ground under the place where I had parked. To this day, I don't know if there really was a snake there or not.

http://www.philadelphia-reflections.com/blog/941.htm

Odessa, Delaware

Delaware is a pretty small state to be divided into two civilizations, and in fact it seems safe to predict that division will soon be meaningless. New Castle County and Wilmington are up north in duPont country, with more Ph.D's than anywhere else in America, chatteaux in the suburbs, plenty of Porsche's and other elements of the finer life. The other two counties, "South of the Canal," are rural, marshy, or beach front. Wal-Mart country. Aside from a distinct difference in the weather patterns, all of this is destined to change, and soon. A limited-access toll road, probably mostly intended to carry people to the slot machines of Dover Downs, makes it breezily simple to go from one end of the state to the other in an hour. A ferry from Cape May to Cape Henlopen makes it a shorter simpler way to go from the urban areas of New York to and from Washington, Norfolk and points South. And changes in the tax laws make Delaware a great place to avoid sales taxes, estate taxes, business taxes, usury laws and lots of other things. That brings in businesses, and they in turn will bring in a swarm of home builders.

The Corbit-Sharp House Built in 1774 Located in Odessa, Delaware.

Little Odessa (population 280) sits right at the pivotal point in this transformation. This is the very narrowest point of the peninsula between the Delaware and the Chesapeake. In the Seventeenth Century, there was only a five-mile portage from the head of one creek to the head of the other; the town there was called Cantwell's Bridge. Just why the two Delaware-Chesapeake canals were built a few miles further North is an engineering question, but they tended to shelter Cantwell's Bridge from Northern influences. The neck was so narrow, however, that the road couldn't avoid the town, and for a century it was a pleasure to find a little Colonial town, a little Williamsburg so to speak, popping up among the fields of clover bordering a drive to Dover. A few miles to the West, a very fine boy's boarding school adds to the tone of the place, and it's only a short 9-mile commute to the University of Delaware. The finest 18th Century country house, the Corbit-Sharp House sets the tone for the area, and the Christmas season in Odessa is quite memorable. Rodney Sharp was the son of the local school teacher who acquired financial substance, private jet airplanes and all that, on the other side of the canal, and then restored his old home the Corbit house into the Corbit Mansion, bringing the whole farm village up to an elegant level. A visit to Odessa at Christmas, touring the open houses and visiting the festivities, is well worth the trip.

You have to hold your breath to see what is going to happen to real estate in the area. The toll road sweeps around the edge of Odessa, and now the people going to the slot machines and the beaches can hardly see it as they race past. But that's mostly weekend traffic, and during the week all of those cornfields are quickly turning into easy commuter villages, full of McMansions. They are going to fill up the schools, demand better ones, demand traffic signals to protect the kiddies, demand retail outlets for all those upscale stores with catalogers, demand to be noticed. Eventually, all those three-car families will choke up the toll-road, and it will become a great big congested parking lot at rush hour. Sad.

One final comment about the origin of Odessa. It's named after the city in Russia because both of them were wheat exporting cities at one time, although it is doubtful if they were ever comparable in steamy night life. However, the one in Delaware is actually the older of the two. Cantwell's Bridge, Delaware was founded in 1731. For reasons unclear its name was changed to Odessa in 1845, perhaps in the mistaken idea that the Russian city was where Odysseus once landed. That's what many Russians claim, but the place they have in mind was really in Bulgaria. The place the Russians call Odessa was founded by Catherine the Great in 1794, some sixty years after Cantwell began collecting toll at his bridge in Delaware. When the Bulgarian mistake was pointed out to Catherine the Great, she wouldn't change the name; she sort of liked it that way.

http://www.philadelphia-reflections.com/blog/593.htm

Pea Patch Island

Fort Mifflin

There's a tradition that a boatload of peas ran aground on the mudflats of Delaware Bay near Salem in the Sixteenth Century, turning the flats into a patch of peas. In any event, the island is known to have been growing in size for centuries, and now is home to about 12,000 families of Herons. The number of mosquito families has not been accurately counted as yet, but they are numerous. The island doubled in size when the Army Corps of Engineers built the present Fort Delaware on it in 1847-59.

The War of 1812, which included the burning of Washington DC and bombardment of Baltimore, propelled America into a frenzy of coastal defense, and the first fortification of Pea Patch Island took place in 1813. A plan was adopted by Congress in 1816 to build 200 coastal forts, and about forty of them were actually completed by the time of the Civil War. These forts all had a similar appearance; the most notable example of the style was at Fort Sumter near Charleston, South Carolina, which was nearly complete by the time of its famous bombardment. In fact, it was first hastily occupied by Northern defenders arriving just in time to be evicted. In essence, these forts were huge walls of bricks with a concrete outer shell, holding a couple dozen very large cannons and a parade ground.

The new river defenses of Philadelphia were to be provided by three forts, Fort DuPont at the mouth of the old Delaware-Chesapeake canal, Fort Delaware on the island, and Fort Mott on the New Jersey side. You can now take a ferry ride to all three, between April and September; it's a pleasant afternoon excursion. Not so many years ago, you had to go into an ominous little taproom in Delaware City and ask in a loud voice if someone wanted to take you to Pea Patch in a fishing boat. The scene was reminiscent of old movies about derelicts hanging out in Key West, complete with George Raft and Earnest Hemingway, but now the National Park Service has given it the characteristic NPS spruce-up, with pamphlets and rest rooms.

The place never had any serious military activity except when it was used to house Confederate prisoners after the Battle of Gettysburg. Over 12,000 prisoners were brought there, and there were about 3000 deaths among them. Historians have compared the treatment of Confederate prisoners with the treatment of Union prisoners at Andersonville, Georgia, and it would be hard to say which place was worse. There are certain diseases of poor sanitation, like typhoid, cholera, amoebic and bacillary dysentery, and hepatitis, which decimate all concentration camps at all times. And adding to them the mosquito-borne diseases of both Delaware and Georgia at the time, you don't really need to assert prisoner mistreatment to account for the morbidity and mortality. Undoubtedly there was some of that.

http://www.philadelphia-reflections.com/blog/880.htm

Caesar Rodney Rides Through the Rain

Caesar Rodney

If you have a quarter minted in 1999, you can see a depiction of Caesar Rodney riding through the rain, mud and heat, all night, to cast his July 2 vote for independence at the 1776 Continental Congress. There are no known painted portraits of Rodney, probably because his face was badly mutilated by the cancer which ultimately killed him.

On July 1, Thomas McKean and George Read had split Delaware's votes in a tie, and McKean had urgently sent word to Rodney, the absent third vote, that he must come to Philadelphia quickly. Admiral Howe

Rodney

was already starting to land his seven hundred ships at Staten Island and Perth Amboy, where it would not be difficult for him to travel a hundred miles across New Jersey to Trenton and down the Delaware River -- to hang them all as rebels. Only if they could establish the notion that they were an independent country could they hope to shelter themselves in the rules of war. (Even so, most of them found it prudent to wait a few weeks before signing Jefferson's somewhat specious arguments.) In the background, of course, Benjamin Franklin had a shrewder assessment or possibly even overt threat: the King of France wasn't going to help them unless they severed their allegiance with England.

Schoolchildren in Delaware can be forgiven for asking why Rodney wasn't in Philadelphia for the vote without being sent for. And we don't really know. Rodney certainly had plenty of other things competing for his attention, like being a Supreme Court Justice, the Speaker of the Delaware Assembly and the de facto Governor of the State, as well as being a Brigadier General in the Militia (he later was made Major General in charge of the garrison at Trenton). One has to suspect, however, that he had not expected George Read to vote against independence. Read, after all, had married the widowed sister of George Ross, who did sign the Declaration.

Asthma, a notoriously intermittent condition, may have been a worse impediment to Caesar Rodney's ride than his cancer. Although he was badly disfigured, the cancer did not kill him until 1784. The prospect of riding eighty miles in the rain with asthma may well have been the reason Rodney held off until he was absolutely certain his vote was needed. The esteem and affection that Delaware holds for this farmer from Dover can be gauged by the fact that he remained the elected speaker until the day he died, and during the last three months, the legislature held its meetings in his house so he could be present.

http://www.philadelphia-reflections.com/blog/965.htm

New Castle, Delaware

New Castle is easy to get to, but hard to find. It's right on Delaware Bay, at the start of the old National Road (Route 40), next to two huge bridges, a few miles from the main north-south turnpikes, a couple of miles from an airport -- and lost in a sea of suburban housing and highway slums. It's lost, so to speak, in plain sight.

New Castle, Delaware

And yet it is a perfect jewel of early American history and architecture. It's just as attractive and historically important as Williamsburg, Virginia, except these buildings are not reproductions, but the real thing. The town says it was founded in 1651 by Peter Stuyvesant, but Peter Minuit in 1638 could make a claim to be even earlier. Located at the narrow neck of the funnel that is Delaware Bay, it was a natural place to start a colony, eventually to be the capital of the state. The Delaware River makes a rightward turn at that point, and creates a river highway all the way to Trenton. But a few miles upriver at Tinicum, now Philadelphia International Airport, the river started to fill up with islands and snags; was it better to locate upriver or downriver from the narrows? New Castle was placed downriver.

New Castle's courthouse is the epicenter of the arc from Maryland to the Delaware River.

But in 1777 the British fleet came to visit with hostile intent, and New Castle could look out the windows along the Strand right into the mouths of ships with twenty or thirty cannons pointing at them. Philadelphia, on the other hand, was protected upriver by a series of mud flats and barricades at Fort Mifflin that could quite effectively bar passage to enemy sailing ships. Delaware got the point, and shortly thereafter, the capital of Delaware was prudently moved to Dover, while even the county seat of New Castle County was moved to Wilmington. New Castle had a big fire in 1824; rebuilding afterward accounts for much of the present uniformly Federalist architecture. The final nail in the commercial coffin of the town was driven by the Pennsylvania Railroad, which just by-passed the town. For a century, this little architectural jewel just sat there in the fields, until the narrow neck of the Delmarva Peninsula became such a transportation crossroads that the fields filled up with construction more appropriate to Los Angeles. New Castle disappeared, without moving an inch.

100 Harmony St., New Castle, DE 19720 (302) 328-2413

For fifty years in Colonial days, the rector of Immanuel Episcopal Church in New Castle was one George Ross. His son, also named George Ross became a lawyer in Lancaster and signed the Declaration of Independence. His widowed daughter, Gertrude Ross Till married George Read, a lawyer in New Castle who also signed the Declaration. And, a third signer Thomas McKean, lived two houses away. George Read had studied law under John Moland, whose house served as Washington's headquarters in 1777.

The northern border of Delaware is a semicircle, with a twelve-mile radius based on the cupola of the New Castle courthouse. It was originally the border of New Castle County, and it proved to be slightly imperfect. In the first place, it extended across the Delaware River into New Jersey, but it was a nuisance to go there, so that segment of land was abandoned to New Jersey. However, the legal border of the State of Delaware therefore extends to the high-water bank of the river on the New Jersey side, rather than running down the middle of the river. The significance of this curiosity appeared when the Delaware Memorial Bridges were built, and all of the tolls go to Delaware, instead of being split between the states as is more customary. The other problem with the semi-circular arc was that three lines meet at the northwestern corner of Delaware, and each was defined in its own way. The Mason-Dixon line goes due east-west, the border with Maryland goes north-south, and the idea was that the semicircular arc would meet the other two lines at a point. However, the instructions could be read in two different ways, leaving a little "wedge" of territory that could be reasonably said to lie in either Pennsylvania or Delaware, depending on the sequence of describing them. This was certainly a circumstance where any decision was better than no decision, but it took until 1921 for the states to harrumph their way to a final pronouncement. In the meantime, the disputed wedge of land was a good place to have duels, cockfights and other matters of questionable legality.

http://www.philadelphia-reflections.com/blog/450.htm

Getaway

Philadelphia General Hospital

Occasionally prisoners must be taken to the hospital, and that's a problem for the authorities. Philadelphia General Hospital had a special prison unit on the grounds, so the problem for the guards was merely to transport the prisoner to the locked hospital ward and bring him "home" after his medical problems were fixed. The State of Delaware doesn't have a prison unit in any hospital, so the security risk must be addressed by sending at least two guards, night and day, to some hospital, and securely manacle the prisoner to the bedstead. Nobody likes this situation, particularly the head nurses, but no one has a better solution to offer.

When a prisoner has to make an outpatient trip for an x-ray or similar, there is an iron rule: no one is to know about it in advance. In one particular case, however, a convicted Delaware murderer had to have an x-ray of his gallbladder, which in those days required giving him some large pills the night before. That was the tip-off.

On the specified morning, he was bundled into a patrol car with manacles and guards, and whisked off to the Delaware Hospital, now the Delaware Division of the Wilmington Medical Center. The x-ray department was at the end of a long corridor, with the diabetic clinic on the right and the bathrooms on the left side of that corridor. The entrance was on the side of this corridor, right next to the office for visiting consultants. Things were busy but peaceful that morning, when commotion arose. Three prison guards came marching through the door, surrounding their manacled prisoner. They turned left, and down the long hall to the x-ray department.

As they passed the men's room, the prisoner begged his guards to let him relieve himself, so they took him into the bathroom, removing the handcuffs. He washed his hands, dried them with a paper towel, pushed it into the waste container. Then quick as a flash he thrust his hand deeper into the crumpled waste paper, got the loaded revolver his accomplices had put there, and emerged from the waste basket -- shooting. The guards got down on the floor, a bullet went into the Diabetic Clinic where a very prominent society lady was working in a pink volunteer's uniform, and another bullet went into the consultants' office, which on other days I might have been using. The escapee was running hard, fired one final bullet into the ceiling at the door, and was out in a second to the waiting getaway car where his buddies were ready. He got away clean, as they say.

There's nothing like an episode of that sort to bring people together. We were survivors of an exhilarating experience, having something in common that no one could take away. For a couple of years afterwords, the bullet hole remained unobtrusively in the ceiling by the entrance. The nurses told me that workmen had arrived several times to patch it up, and the society lady, who was a trustee of the hospital, wouldn't let them fix it. That was our bullet hole.

http://www.philadelphia-reflections.com/blog/874.htm

Brandywine Museum

Wyeth Ann's House

Artistic talent must be inherited; some of us don't have any at all, while other families seem to have unusual talent in every member. Around Philadelphia, one notable example is the Peale family, and another is the Wyeth clan. Three generations of Wyeth's show their work as a group in a former Brandywine Creek grist mill which has been elaborately restored and enlarged for the purpose. Using large glass windows, part of the display is the Brandywine Creek itself, with the high banks that once made it seem like a perfect defense line for George Washington in the biggest battle of the Revolutionary War. Outside the museum entrance are several of those inevitable Delaware tip-offs, large millstones that may in this case have ground grist, but often were used to grind gunpowder.

Andrew Wyeth

Andrew Wyeth spent much of his early career doing watercolors, and then turned to tempera as re-popularized by N.C. Wyeth, his father. That's a fairly drastic change, since a watercolor must be completed in one sitting, before it dries. Oil base paint dries slowly, and allows the painter to work on a piece for a number of days. Tempera, using the protein in milk and eggs to hold the pigment, dries hard and fairly quickly. But another layer of tempera can be painted on top of the hardened base layers, making a glowing effect possible, a peculiar luminosity if the artist chooses to bring it out. Andrew Wyeth migrated to what he called dry-brush, where the paint on the brush is mostly squeezed out, so extremely detailed fine lines can be painted. Thus, he spent his early years with fast blurred watercolors, and the rest of his life with meticulous slow painting, where detail is everything. He chose to use this technique to produce a haunting silent scene, even if it contained people. His son, Jamie, tends to emphasize dancers, so you can see the typical family rebellions alternating between generations, at the same time that the Wyeth's (and Howard Pyle, the artistic forefather) preserve a strong family unity. From what the neighbors say, there were plenty of family clashes, but that's artists for you.

http://www.philadelphia-reflections.com/blog/892.htm

Fanny Kemble Takes the Train South, in 1838

Alps

The "Journal of a Residence on a Georgian Plantation in 1838-1839" raised strong feelings against slavery, particularly in Frances Anne Kemble's native England. At the outset of her book, Fanny Kemble describes what it was like to travel on American railroads in 1838.

On Friday morning December 21, 1838, we started from Philadelphia, by railroad, for Baltimore. It is a curious fact enough, that half the routes that are traveled in America are either temporary or unfinished -- one reason, among several, for the multitudinous accidents which befall wayfarers.At the very outset of our journey, and within scarce a mile of Philadelphia, we crossed the Schuylkill, over a bridge, one of the principal piers of which is yet incomplete, and the whole building (a covered wooden one, of handsome dimensions) filled with workmen, yet occupied about its construction. But the Americans are impetuous in the way of improvement, and have all the impatience of children about the trying of a new thing, often greatly retarding their own progress by hurrying unduly the completion of their works, or using them in a perilous state of incompleteness. Our road lay for a considerable length of time through flat low meadows that skirt the Delaware, which at this season of the year, presented a most dreary aspect. We passed through Wilmington (Delaware) and crossed a small stream called the Brandywine, the scenery along the banks of which is very beautiful. For its historical associations I refer you to the life of Washington. I cannot say that the aspect of Wilmington, as viewed from the railroad cars, presented any very exquisite points of beauty....

And first, I cannot but think that it would be infinitely more consonant with comfort, convenience, and common sense, if persons obliged to travel during the intense cold of an American winter in the Northern states, were to clothe themselves according to the exigencies of the weather, and so do away with the present deleterious custom of warming close and crowded carriages with sheet iron stoves, heated with anthracite coal. No words can describe the foulness of the atmosphere...Of course, nobody can well sit immediately in the opening of a window when the thermometer is twelve degrees below zero yet this, or suffocation in foul air, is the only alternative...

We pursued our way from Wilmington to Havre de Grace on the railroad, and crossed one or two insets from the Chesapeake, of considerable width, upon bridges of a most perilous construction, and which, indeed, have given way once or twice in various parts already. They consist merely of wooden piles driven into the river, across which the iron rails are laid, only just raising the train above the level of the water. To traverse with an immense train, at full steam-speed, one of these creeks, nearly a mile in width, is far from agreeable...At Havre de Grace we crossed the Susquehanna in a steam boat, which cut its way through the ice an inch in thickness with marvelous ease and swiftness, and landed us on the other side, where we again entered the railroad carriages to pursue our road.

http://www.philadelphia-reflections.com/blog/934.htm

Battle of the Clouds: September, Remember

hurricane

Weather satellites, television and so on have taught us much about hurricanes that was unknown in 1777. Benjamin Franklin, it should be noted, was the first to observe that Atlantic Coast "Nor'easters" actually begin in the South and work North, even though the wind seems to be blowing in the opposite way; what's moving toward the northeast is a low-pressure zone. We now know that hurricanes begin in Africa, travel West and then veer North when they reach Florida. A great deal is still to be learned about hurricanes, but the most important thing about their timing is contained in a maritime jingle:
June, too soon.
July, stand by.
And then: September, remember.
October, all over.

Along the Atlantic east coast, the end of August to the middle of September, is hurricane season. That's when houses blow down in Florida, and heavy rains hit Pennsylvania. Admiral Howe might have had some clue to this, since Franklin made his observation around 1750, and storms are important to Admirals. But very likely his brother the General just thought it was one of those things when the British landing at Elkton, Maryland in late August 1777 was greeted with an unusually severe downpour of rain. Howe had planned to surprise Washington from the rear by hitting the ground running on horseback. However, he underestimated the debilitating effect on the horses of three weeks at sea on sailboats; to unload and forage horses during a hurricain was almost too much for the plan. For that purpose, he had given orders for the troops to disembark without waiting to pitch camp, or unpacking their gear. But the rain gave Washington several extra days to organize a defense, although he has been given too little credit for the strenuous accomplishment of moving an army from Bucks County to the banks of the Brandywine in that weather. Howe, whose trademark was surprise, deception, outflanking, had anticipated a sudden cavalry thrust into the backyards of unprepared Philadelphia. What he got was 2000 casualties in the biggest battle of the Revolutionary War, against Washington's well-prepared defense along the steep-sided Brandywine Creek.

Howe won this battle, in the sense that Washington was forced to withdraw, because Howe employed another British military trademark, of driving his own troops beyond humane limits in a huge outflanking movement. The countryside around Kennett Square is hilly and broken almost to West Chester, and the American Army felt reasonably prepared along a front of ten or twelve miles. But Howe drove the main force of his army seventeen miles to the north, to Dillworthtown, before turning the unprepared American right flank. And, in the now hot August weather in full uniform and battle pack, the drive continued for twenty-four consecutive hours until Washington saw he had to withdraw. This was what the British meant when they boasted of seasoned regular troops; you win by enduring more than your opponent can endure.

One has to have equal admiration for Washington. Although he was dislodged from his position, losing the opportunity to catch the British in a hostile region without a reliable source of supplies once the fleet weighed anchor, he preserved his army of marksmen and deer hunters intact during the retreat. The two armies started at roughly the same size, and Washington had only about 1300 casualties; his men had more certain supply sources, and they were fighting for their homes. The British, somewhat outnumbered, had the prospect of fighting their way without resupply through an enemy's home territory, capturing the enemy's capital, but still facing the possibility that the British fleet could not get past the Delaware River defenses. If that happened, they could celebrate their victory by starving to death. Just about the only weakness of the Continental Army was its discomfort with bayonet warfare. They could hit a squirrel at a hundred yards, but those long bayonets on the end of very long muskets were designed to protect foot soldiers from cavalry charges. It takes training to put the butt of the musket against a stone on the ground, hold your ground against an oncoming gallop of horsemen, and trust that at the last moment the horses will rear back and throw the riders. But it also takes naked bravado to wave a sword and ride full tilt into a forest of pointing bayonets, trusting that at the last moment the defenders will break and run.

But Washington knew what he was doing. He pulled the troops back to Chester, then over the Schuylkill to the Germantown encampment at Fox and Queen Lane, then up the Schuylkill to Norristown, the first ford in the river that Howe must use when the boats and bridges were destroyed. The river would hold the British while the Americans came at them from the rear; this was essentially the same river strategy he used at the battle of Trenton. Washington picked his battlefield in Chester County, and got ready to fight the second installment of the Battle of Brandywine.

And then it rained, again. Hard. The gunpowder on both sides was soaked, useless. In what has come to be known as the "Battle of the Clouds", the fighting was called off by mutual agreement. The second hurricain of the year had arrived, and Washington more or less helplessly had to watch Howe take over Philadelphia unopposed. He lost the capital, provoking dismay among the colonists, but his masterful strategy taught the British to respect him. When the British were later considering whether to hold or abandon Philadelphia, this growing respect for their adversary helped tilt their thinking toward prudence.

But that was not before Howe once more showed he too was not the lazy slacker that others had called him. General "Mad Anthony" Wayne was dispatched with fifteen hundred troops to hassle the rear of Howe's army. Wayne was confident he could hide his troops in the Radnor area where he had been brought up, but the region in fact had many Torys to report his movements. Howe ordered Major General Lord Charles Grey to take the flints from his troops' muskets, attack the American camp near Paoli's tavern in the night, and use only bayonets. Waynes's troops were scattered and slaughtered, in what came to be known as the Paoli massacre.

http://www.philadelphia-reflections.com/blog/933.htm

Day Two: Rehoboth to Kennett Square

So, if you want a glimpse of Delaware as it once was before the migrations, get in your car quick and take the tour.

Once you step off the Cape May-Lewes ferry in Delaware, you can still find an occasional old soul who remembers when "the road" was built. The road they mean is the highway that finally connected Southern Delaware to Wilmington. Before 1925, travel between the two ends of that little state was by railroad, or by boat, mostly the Wilson Line. It is natural to suspect the railroad and the boat line might have lobbied against road building, and they certainly had an economic incentive. But there were social factors, too. Although it is a tiny state, Delaware has long been a collection of independent tribes. New Castle County is of course very Ivy League; the Wilmington area claims to have more PhDs than any other American county. Southern Delaware was a slave region, forcing the state to be in favor of the Union, but also in favor of slavery -- a border state. Furthermore, pirate lairs seems to have created a mixed race along the shore calling themselves "Moors"; intermarriage with Indians and/or Portuguese pirates has been speculated as a souce of swarthiness. Along the Atlantic coast it is claimed that pure Elizabethan English is still spoken. Furthermore, the maritime orientation of Lewes created more affinity to Cape May and Philadelphia than to New Castle and Wilmington. Eastern shore Maryland was even closer. Finally in 1923, Coleman DuPont gave up on persuasion, built a 98-mile highway from one end of his state to the other at a cost of $50,000 a mile, and just gave it to the state. But the legislature at first wouldn't take it, thinking it was clever to let the rich duPont fellow pay for its upkeep. However, the sight of a duPont army of highway patrolmen raised even more discomfort, so the legislature reconsidered, accepted the gift.

The legislature was right, in a perverse sort of way, because Wilmington folk promptly poured down to the beaches in the summer, to the duck blinds in the fall, retirees built houses where living was cheaper, southern Delaware children wanted to go North to college. The railroad and the boat line went bankrupt, segregation was declared unconstitutional, everybody got a television and a pickup. Eventually, someone in the Chamber of Commerce got the idea of jiggering tax laws to encourage out-of-state retail, then banking, then credit cards. The transformation of Delaware into a tax haven brought welcome socio-economic competition to the monolithic Dupont Company, abating the benign hereditary aristocracy that had grown out of it. So, if you want a glimpse of Delaware as it once was before the migrations, get in your car quick and take the tour.

Lewes was once a little seaport, but mostly a home for river pilots. There is a canal across Cape Henlopen, and the pilots' imposing houses line the canal. But vacationers and sportsmen are now building waterfront houses as fast as they can, so old Lewes is getting lost. Rehoboth down the road has ocean beaches and higher land, so it offers suburban living at the beach, year-round. We don't plan to visit nearby Georgetown on this tour, but it is only ten miles away and presents a very interesting legal anachronism in the Court of Chancery, for lawyers and historians to admire.

The Delaware turnpike is a lot quicker, but history is to be found by winding along Route 9, through the moors, marshes and farmland. The Wesley Chapel is a place where John Wesley really preached in his tour to extend Anglicanism, and unintentionally to found the Methodist Church. The Bombay wildlife sanctuary is an interesting place to see migrating birds, although the birds may enjoy mosquitoes more than you do. You will be astonished to learn there were once so many peach trees in this area that Delaware was nicknamed the Peach State. Just outside Dover is the Air Force base, which somehow specializes in mortuary affairs during shooting wars. But there are real warplanes there, too, as was once very evident during the Cuban missle crisis. The sky seemed filled with huge eight-engine bombers, just circling around, waiting for orders to go lay an egg or two.

If you watch for directions just south of the airbase, you can travel out in the farm country to the Delaware estate of John Dickinson. As a young man, he fought a bitter battle in the Pennsylvania Assembly against Benjamin Franklin's efforts to remove the Penn Family from power, and although he lost the vote, it caused Franklin to be essentially banished to England for years as a consequence. Much later, Dickinson swung the critical vote toward Independence by abstaining from voting on the point at the Continental Congress, but wouldn't sign the Declaration. Nevertheless, he volunteered to fight as a private when the British invaded. He started and ended life as a Quaker but was the richest man in the state in between times, was Governor of Pennsylvania and Delaware at the same time, freed his slaves but kept secret the discovery that it actually made his farms more profitable to free them. A truly remarkable person, living in what you will see were rather plain circumstances.

Dover itself is worth a quick trip to the colonial heart of it, unless you become engulfed in traffic to the race track. Then a quick visit to the Blackbird pirate sanctuary of the pirate Blackbeard, and on to Odessa and New Castle, which are both real jewels. You can scarcely miss Odessa, which is at the narrowest neck in the Delmarva Peninsula, an isthmus that necessarily must eventually choke up with highways; Odessa has a Christmas festival that is worth a trip just for it. New Castle is far more uniform in appearance, because it burned shortly after the Revolution and was rebuilt in pure Federalist style, then froze in time when the capital moved to Dover.

Then, skirt around Wilmington to the chateau country and try to decide between visiting Winterthur, Longwood Gardens, the Brandywine (Wyeth) Museum, the Brandywine Battlefield, and the mushroom area around Kennett Square. Generally speaking, Winterthur is at the top of the list.

If you left enough time, you may want to circle back through the Main Line suburbs, or through Swarthmore, to Chestnut Hill and Germantown, then down to center city Philadelphia. However, you may be tired, and just want to buzz back from Kennett Square by way of I-95.

http://www.philadelphia-reflections.com/blog/1224.htm

Pennyslvania's Boundary: David Rittenhouse, Hero, Lord Baltimore, Villain

In the Twenty-first Century, now that we know how every American creek and river runs, we can see that it should have been pretty simple to establish a reasonable boundary between the royal grant to William Penn, and the grant to Lord Baltimore. Essentially, Penn had been given the Delaware Bay and a lot of wilderness to the West of it. George Calvert, Lord Baltimore, had been given the top half of Chesapeake Bay and a strip of wilderness to the West of it.

Odessa, Delaware

At what is now Odessa, Delaware, the two bays are only about five miles apart. A reasonable spirit of compromise should have settled the issue quickly. However, back in England, they were changing kings and beheading them over matters of religion. Lord Baltimore probably thought an opportunity to improve on his land grant might emerge from the turmoil if he just stalled long enough for matters to go his way. As we have noted elsewhere, the last word from the last king was what mattered. All this talk about justice, fairness, and astronomy was just idleness. So the Calvert family lawyers, over the course of eighty years introduced one specious proposition after another that turned other lawyers purple with rage.

Euclidean Geometry

It must be admitted that a lot of honest confusion was possible. Sometimes, a line of latitude was a line in the sense that Euclid intended: all length and no width. Sometimes, lawyers and kings were talking about "parallels" as if they were strips, roughly sixty miles wide. If that was really the intention, it was important to specify whether a grant extended to the southern edge of the strip, or to the northern edge. But in fact, the state of science in the Seventeenth Century was such that there was uncertainty both about where the strips were, and how wide they were. And if your language didn't make it clear whether you were talking about strips, or width-less lines, eighty years is a comparatively short time for a court to decide the case. To be fair to Lord Baltimore, a lot of people at the time didn't think these matters were capable of solution, so the traditional way of dealing with disputes was either by force or by bribery.

However, in William Penn the folks from Maryland were dealing with a friend of the King, who had one of the most brilliant mathematicians in Western civilization as his adviser. David Rittenhouse may have been born in that little farmhouse you can still visit on the Wissahickon Creek, and made his living as a clockmaker, but his native talents in mathematics, astronomy surveying, and instrument construction were so deep and so varied that later biographers are reduced to describing him merely as a "scientist" and letting it go at that. If you want to sample his talents, spend an hour or two learning what a vernier is, and then see if you could apply that insight, as he did, to a compass. So, as it turned out, Rittenhouse was able to describe a twelve-mile circle around New Castle, Delaware, construct a tangent that divides the Delmarva's Peninsula in half, and match it up with a Westward line we now call the Mason Dixon Line. When they finally got around to laying these lines on the ground, Mason and Dixon cut a twenty-four foot swath through the forest, using astronomical adjustments every night, and laying carved marker stone every fifth of a mile for hundreds of miles. The variation from the line devised by Rittenhouse was at most a fifth of a mile off the mark. The survey by Mason and Dixon was not quite completed by them because the Indians, curious at first, eventually became wild with suspicion at such behavior, particularly the part about going out and aiming cannons at the sky every night. It seems likely that George Calvert, Lord Baltimore, had no more confidence in this madness than the Indians did.

So, the next time you take the train from Philadelphia to Washington DC, you should reflect that strict reading of the words in the land grants did admit the possibility that your whole trip could either have been within the State of Maryland, or else in the Commonwealth of Pennsylvania, depending on whether lawyers or scientists had triumphed in this dispute. Since the Mason Dixon Line eventually divided not merely two states, but two violently opposed cultures, Rittenhouse must stand out in history of one of those people who was so smart that most people couldn't understand how smart he was.

http://www.philadelphia-reflections.com/blog/1080.htm

Perth Amboy Revisited

Perth Amboy

It's now moderately complicated to find Perth Amboy, New Jersey, even after you locate it on a map. Like New Castle DE it flourished early because it was on a narrow strip of strategic land, and like New Castle, eventually found itself cut off by a dozen lanes of highways crowded together by geography. It's an easy drive in both cases only if you make the correct turns at a couple of crowded intersections. Both towns were important destinations in the Eighteenth century, but by the Twentieth century both were pushed aside by traffic rushing to bigger destinations. Industrialization hit the region around Perth Amboy somewhat harder than New Castle, destroying more landmarks, and bringing to an end its brief flurry as a metropolitan beach resort. If you aspire to preserve your Eighteenth century glory, it's easier if you don't have too much progress in the Nineteenth. In Perth Amboy's defense, it must be noted that Jamestown and Williamsburg, Virginia had just about totally disappeared when noticed by Charles Peterson and John Rockefeller, but neither of those towns was run over by Nineteenth century industrialization. So, while New Castle has treasures to preserve and display, Perth Amboy seems to have only the Governor's mansion as the one notable building to work with. William Franklin, the illegitimate son of Benjamin, was the royal governor installed in this palace shortly before 1776.

Governor's mansion in Perth Amboy

While it is true that some wealthy local inhabitants did a lot to restore and maintain New Castle (and Williamsburg), the Governor's mansion in Perth Amboy was bought and made the home of Mathias Bruen, who in 1820 was thought to be the richest man in America. If Bruen had only had the necessary imagination and generosity, this was probably the best moment for Perth Amboy to have had a historical restoration. Instead, he added some unfortunate features to the mansion; it later became a hotel, and later on, an office building. Public-spirited local citizens are now trying to set things right, but the costs are pretty daunting. Someone has to find an inspired Wall Street billionaire like Ned Johnson to make over an entire town. Occasionally, a state government will do it, as has been done with Pennsbury. Or a national organization might become inspired, as happened with Mt. Vernon and Arlington. Its present state of peeling paint and makeshift repairs suggests uninterest in Perth Amboy's Governor Mansion by the State, and the absence of whatever it is that occasionally inspires fierce and determined local leadership. Perth Amboy needs some help, and needs to forget about its handicaps. Sure, it's hard to commute anywhere, it's even hard to drive across the highways to the countryside. The bluff on the promontory was once quite arresting, now a rusting steel mill occupies that spot. Other than that, it doesn't look ominous or dangerous at all. It's just forgotten.

Pennsbury Manison

Aside from the Royal Governor's former mansion, it is hard to find a historical marker or monument in this scene of former prosperity and glory, but there is one. Down on the beach is a bronze plaque, commemorating the 150th anniversary of the founding of -- Argentina. So there's a clue, which is not difficult to associate with all of the hispanic names on the stores, and the hispanics in evidence on all sides. They all seemed to know that this was once the capital of New Jersey, seemed pleased with it, and could point out the famous building. They are pleasant and friendly enough. Perhaps even a little too comfortable. Because, as William Franklin's famous father once said, all progress begins with discontent.

http://www.philadelphia-reflections.com/blog/1239.htm

Doing Well, Doing Good.

Lynmar Brock

Lynmar Brock is a Quaker, so what he does is surprising. He lives on a farm, but is Chairman of the Board of a food distribution corporation. He's also chairman of several other boards. He's written several books, and among them a novel Must Must Thee Fight? relates the tribulation of one of his pacifist ancestors who nevertheless became a soldier at the Battle of Brandywine. The theme of this emotional conflict parallels the author's own struggle over being a conscientious objector who ultimately volunteered for the Navy because he felt he could not stand by while others fought his battles for him. The face of the soldier with a musket on the book jacket, is his own.

Rotary Seal

When American forces recently entered Afghanistan, a great many people were forced to become refugees. Lynmar Brock was on the board of Rotary International, where a decision was made to provide relief for the refugees, and Mr. Brock flew over to lead the effort on the ground. Rotary raised $2 million almost immediately, and the task was to translate the money into something the refugees really needed. Since "shrinkage" is a common fate for refugee shipments, Rotary bought locally. They were able to distribute 83,000 pairs of shoes, 53,000 blankets and similar quantities of a number of other basic needs. Ultimately, the three year effort raised $115 million, and distributed items in the millions. It was important to give the goods to the local tribal chief, who then redistributed to the members of the tribe. To give it directly would undermine the authority of the chief, very likely provoking him to interfere with it. Accordingly, it is essential for relief workers to make friends with the chieftains, and it is essential to avoid the appearance of being a sap. All of the clothing was stamped with a big indelible yellow Rotary Seal; if it turned up in the black market, it would still be obvious what its source had been. At the same time, it was essential for the donors not to appear to be soldiers. One of the missions of the group was to show the Afghans that Americans were real people who cared, and not all were soldiers. That they were successful in this way was brought out by one tribal chief coming forward and saying, "Teach us English. It's the language of the world."

Some influential Rotarians are active in American ophthalmological circles, and arranged to have American eye surgeons extract a great many cataracts from Afghans otherwised destined to a life of blindness. Since the Taliban routinely poisoned the wells, it was vital that farmers like Lynmar Brock were able to show how to repair or replace the local water supply. It might have been better to replace opium farming with tomatoes, but a compromise was made to replace opium with marijuana. That's an improvement, of sorts. The danger inherent in this work must not be shrugged off. All vehicles of foreigners were preceded and followed by at least six local soldiers. As the cavalcade moved from one tribal area to another, the soldiers were changed for soldiers of the new tribal area; their loyalty just had to be trusted. And, indeed, the co-chairman of the committee was mysteriously murdered one day.

The Rotarians return home full of praise for the U.N. field workers, mostly European, who are actually engaged in foreign relief work. The headquarters staff back home at the U.N. are described with only a shrug that speaks volumes, but it is useful for us all to keep the distinctions in mind.

Lynmar says it's great to be home. In his busy life there's work to be done on the farm, and in his corporation, and writing another novel. And there is supervision also needed for the Rotary efforts in the Ivory Coast. It's not completely certain, but sometimes he actually gets some sleep.

WWW.Philadelphia-Reflections.com/blog/1313.htm

http://www.philadelphia-reflections.com/blog/1313.htm

Port of Philadelphia

Ports of Philadelphia

When federal appropriations are to be doled out, it is a great advantage for the Port of Philadelphia to appeal to six U.S. Senators. However, the many public and private jurisdictions which have some measure of overlapping control of port operations can at times come close to causing paralysis. In short, we have a greater chance of getting what we want, but less chance of agreement on what we want. Right now, the ports of the world are struggling to adjust to the current revolutions of containerized cargo and gigantic oil tankers, plus the political pressure from heightened public concern about environmental preservation..

Some of the main levels of our Tower of Babel are as follows:

DRPA: The Delaware River Port Authority operates several large bridges, the PATCO high-speed subway line, and the cruise terminal, all leading to control of potentially large sources of revenue. The 1992 Congress expanded its charter to include the economic development of the port region.

SJPC: The South Jersey Port Corporation owns two marine terminals in Camden, and is planning a third in Paulsboro.

DSPC: The Delaware State Port Coorporation operates the Port of Wilmington, DE.

PRPA: The Philadelphia Regional Port Authority has little to do with city politics, but is an arm of the state government of Pennsylvania, operating 7 marine cargo facilities, and planning more.

In addition, every county, city, and town along the riverbank has some degree of authority. Every business and union involved in regional or international trade is desperate to protect its interest in the politics of port regulation. Lately, the Homeland Security Agency has taken a large role. Scientists, engineers, fishermen, oil refinery operators, economists, and others abound. The newsmedia convey their own opinions and the opinions of others. Opinions abound, because most issues about ports are important.

In addition to the traditional cargoes of coal, petroleum, iron ore and forest products, which are mostly declining in importance, the rising cargoes include meat, cocoa beans, and South American fruit. General, or casual, cargo tends to be more valuable than bulk cargo, but greatly complicates the Homeland Security risks. The ratio of imports to exports is important, because it is expensive to have a ship return empty. Shippers will therefore favor a port where there are expectations of return cargo. Oil tankers are particularly likely to return empty, since their ballast is mostly river water; but, who knows, perhaps global warming will make river water valuable to some tropical oil producer. A quirky problem is that most of the crude oil entering East Coast ports is currently coming from Nigeria, a notoriously corrupt nation. This has led to a thriving business of car-jacking in the Philadelphia suburbs, with the stolen cars promptly packed in empty containers returning to Africa.

Of the 360 major American ports, the Delaware River ranks second in total tonnage shipped, and eighth in the dollar value of the cargo. Every year, 2600 ships call into our port, which claims to employ 75,000 people. According to Bill McLaughlin of the PRPA, the future of the port will depend on the settlement of three major disputes:

1. Deepening the Channel. The historical natural level of the river is 17 feet, artificially deepened to 40 feet up to the level of the Walt Whitman Bridge. It sludges up by two or three feet every few years, so dredging is a continuous issue. The enlargement of tankers and container ships has led to a need to deepen the channel to 45 feet. It is true that the Wissahickon schist pokes up at Marcus Hook and will have to be blasted out, but mainly the issue is dredging up the gunk on the river bottom, and hauling it away somewhere. In Delaware Bay below Pea Patch Island, the bottom is sandy and hence valuable. The State of Delaware has plans for riverfront development, and would actually like to have the 8 million tons of sand, so no problem. The 7 million tons of clay and silt which must be dredged out of the upper Delaware River channel for a 45-foot depth is more of a problem, but uses can be found for most of it. Or so the Pennsylvania representatives maintain; the New Jersey representatives led by Congressman Rob Andrews say it would be an environmental disaster to dump a thimbleful on New Jersey. Feelings get pretty hot in these things. The Haddonfield representative is portrayed as selling out his district on the orders of North Jersey politicians who dominate New Jersey politics, and want to lessen competition with the Port of New York, which also shares a border with New Jersey. Feelings are not soothed to see the Port of New York deepening their channel to fifty feet while resisting forty-five in the Delaware port.

The document currently at the center of this interstate dispute is called PCA, the Project Cooperation Agreement. New Jersey won't agree to sign the proposal, which contains clauses to remove the DRPA from authority and replace it with PRPA(essentially transferring control and revenues from Philadelphia to the State of Pennsylvania) as the "non-federal sponsor". PRPA would then enter into a contract with the Army Corps of Engineers to get the work done.The price, probably low-balled, is $219 million, to be compared with the Port of New York dredging price (probably high-balled) of $50 billion. There are, of course, a great many features of this political negotiation which are unlikely to appear in print.

2. Southport. The grand plan for the Philadelphia Port is to center on an intermodal complex of piers, railroads, and highways which would extend as a contiuous terminal from the Walt Whitman Bridge to the old Naval Yard. No doubt this idea is linked to the round-the-world concept of Philadelphia as a way station from India to Vancouver, overcoming the empty return cargo problem by never looking back. Good luck.

3. Monetizing the Port. Like the turnpikes, ports could be sold to private investors. Of course, that could be extended to selling the property to foreign investors, triggering the nationalist reaction readily observed when port management was offered to Abu Dahbi. It could well give a new meaning to the expression, being sold down the river, but who knows maybe it's a good idea. When you criticize motives it never bothers the real political pros, because it's simple to say you don't have those motives, and who knows. But the people seriously involved in government finances say they most fear that the do-gooders will be allowed to sell or lease publicly-owned facilities to improve the financial balance sheet. And then the pros will just take the money and use it to pay interest on more borrowing.

WWW.Philadelphia-Reflections.com/blog/1337.htm

http://www.philadelphia-reflections.com/blog/1337.htm

Trapped in a Casino

Secret Passages

Everyone who reads a detective novel or sees a James Bond movie is familiar with secret passages and hidden protection devices that suddenly trap the unwary. You aren't supposed to know about these things, unless the owner springs them on you. But in real life, lots of people have to know the secret, because it takes builders, architects and workmen to create it. Ancient Chinese and Egyptian emperors may have buried workmen alive to preserve the secret of secret passages, but our Constitution prohibits that, under the "living document" theory.

Gambling

Since nowadays gambling casinos are bought and sold like a bottle of milk, some of the people who have to be told the secrets of casinos are real estate appraisers; from one of them the following tidbit derives. Casinos try not to have any windows, so the serious slot machine players won't notice the passage of time, and maybe gamble all night when so inclined. It is therefore no surprise the ceilings and walls are usually mirrored, to make these windowless caverns seem gay and cheerful. The casino operator doesn't want anyone to go home for any reason other than running out of money, and depends heavily on the wisdom of Adam Smith, who once said, "The more you gamble, the more certain you are to lose."

Adam Smith

Unfortunately, these palaces of pleasure attract a fair number of cheaters, who attempt to win by memorizing the cards that have been played and changing their bets with the changing odds of what remains unplayed in the deck ("card counters"). Others are more mechanically talented and drill holes into the works of slot machines with battery-driven portable drills, for later accomplices to insert metal rods into vital wheels and whatnot on the inside. And so on. So, the mirrors on the ceiling are one-way mirrors, with people observing what goes on below, and cameras recording every action of everybody. In this modern age, some casinos can bring up videos of what happened on a particular machine at a given time, several years ago. This elaborate recorded surveillance can be used to unravel the activities of visiting crooks, who quite often do their work over a period of some time, coming back to the same machine for another step in their fiendish schemes. Now, there's another consideration at play here. The casino operator does not want a commotion on the gambling floor when some crook is accosted, because that tends to divert dozens of gambling addicts from their incessant gambling in order to watch the excitement. This would definitely be a violation of Adam Smith's law of gambling, and hence would subtract from the value of stopping the crook who was caught. No good.

Casino Video Surveillance

So, the merry men up above on the other side of the mirrored ceiling will merely watch and record the activity of the miscreant below, apparently letting him get away with it. But sooner or later the crook has stolen enough, or has to go the bathroom, or for some other reason leaves the casino floor. Bang, the door behind him closes and locks, and the door on the other side of the trap is also locked. Thus, without any fuss or muss (maybe) the crook is observed by witnesses, recorded on camera, and tucked away in a security chamber until such time as the security guards can arrive to advise him of the management's disapproval of his behavior. Just exactly what does happen when one of these people is caught is not something they need to tell the real estate appraiser.

http://www.philadelphia-reflections.com/blog/1452.htm

Hedge Funds in Delaware

Trimming the Hedge

Some day a shrewd observer of the passing scene will notice the peculiar quality which attracts some businesses to the state of Delaware, and coin a catchy phrase like Delaware Attractiveness to describe it in a nutshell. It surely underlies the way major national corporations predominantly incorporate under the laws of Delaware; other states don't like that. It probably accounts for the unusual accumulation of national credit card companies in that little state. Right now, it must be surmised to account for 24% of American hedge funds locating in Delaware. Just what is Delaware Attractiveness?

James Madison

James Madison, the main author of our national Constitution, disliked taxes and debt and celebrated the ability of taxpayers to move to a different state if their home state raised taxes too high, or accumulated too much debt, with its embedded prediction of higher taxes later. The right to migrate away acts a a discipline on state governments tempted to abuse their power. A good example now exists in New Jersey, where one percent of the population pays 42% of the taxes, and that one percent is moving out of New Jersey as fast as it can. Eventually, 42% of taxes will be dumped on those who remain, and eventually something will be done about New Jersey state expenditures.

So conversely, little Delaware once had relatively few corporations, and had little to lose by lowering corporation taxes. Soon, these low taxes attracted corporations from other states to incorporate in Delaware, and a good thing for everybody except the beleaguered governors of other states who had to look elsewhere for feathers to pluck. When credit cards were invented, they were attracted to Delaware by low taxes and gentle regulation. They were clean non-polluting businesses who employed a lot of rural labor made available by dramatically enhanced agricultural productivity. One member of the Delaware Chamber of Commerce once mused, if it would attract the right sort of business, any hampering state legislation could be changed over a weekend.

Adlai Stevenson

This spirit of the American Liechtenstein has now attracted 24% of hedge funds to Delaware before most people know what a hedge fund is, or if they know are still in the tentative stage of thinking they are a good thing to stay away from. Without delving into the full complexity of the subject, it can be said that a hedge fund locks the investor's money up for several years, and tells the investor very little about what it is doing with his money. One hedge fund operator stoutly defended the need to keep others from knowing his positions, illustrating how competitors who knew his positions would destroy him by "front-running", typically by flooding his positions with sell orders about ten minutes before or after the closing bell on the stock market. You can see how that might be ruinous, but you can't see how it differs from the situation of everybody else, like the big mutual funds. It is thus tempting to regard the ability to front-run, and the ability to avoid having it happen to you, constitute a business advantage, an "edge". There may be more to it than that, but such other features are cloaked in the secrecy which hedge funds enjoy, so secrecy is the business plan of hedge funds, apparently more tolerantly treated in Delaware than elsewhere. The price which hedge funds pay for their right to secrecy is the limitation imposed on them by the regulators as to who may be their customers. Somehow, a customer must be defined as a rich sophisticated person, who knows what risks are involved, and can afford to lose his money. Being in a small, closely-knit community where word of mouth is trusted, adds some degree of safety too. Adlai Stevenson once made an observation about such things.

"In the past it was said, a fool and his money are soon parted. But nowadays -- it could happen to anyone."

http://www.philadelphia-reflections.com/blog/1453.htm

A Pennsylvania Farmer in Delaware

John Dickinson

It is difficult but not impossible to have a coherent view of the mind of John Dickinson. He was seriously offended by the Townshend Acts, which he rightly perceived to be the work of a few malignant personalities in high places who were soon replaced. Later on, he refused to be troubled by the inconsequential Tea Act, which he correctly assessed as a face-saving gesture of reconciliation. Unfortunately, Dickinson could not comprehend reckless hotheads among his own neighbors, and reckless hotheads seldom comprehend the measured behavior of Quakers. In this case, for "hotheads" read "Scotch-Irish".

John Dickinson's Farmhouse

He became famous for twelve letters he meant to publish anonymously. The Letters From a Pennsylvania Farmer were written about 1768 out of resistance to the Townshend Acts. Because the three counties which were to become the State of Delaware were then still part of Pennsylvania, many school children have become understandably confused about the actual location of the man who became governor of both states, simultaneously.

The causes of the separation of the two colonies are still a little vague. The Dutch and Swedes who settled southern Delaware were not completely sympathetic with Quaker rule, which could be seen as a reaction to living here for generations before William Penn but then having the land sold out from under them. There might have been Quaker friction over slavery, just as there was with the Dutch in northern New Jersey. One theory which has considerable currency in Delaware is dissension about pacifism. On a recent visit to Dickinson's home outside Dover, a school teacher was overheard to instruct his flock that the Delawarians wanted to fight the King, but the Quakers wouldn't give them guns. "We value peace above our own safety," was the defining phrase. But that line of reasoning bumps up against Dickinson's Quaker upbringing, his ambiguity over the Declaration, and his vacillation in warfare. One would suppose the simultaneous Governor of both states would have had major influence on the separation of the two.

Dover Air Force Base

Dickinson's plantation, quite elaborately restored and displayed, is tucked behind the Dover Air Force Base. Perhaps the aircraft noise will discourage sub development in the area of Dickinson's plantation and the rural atmosphere may persist for years as a consequence. At the time of the Cuban missile crisis, your correspondent was driving past, observing the sky filled with eight-engine bombers, just circling and circling until the diplomats settled the matter. Since bombers of that sort are seldom seen around Dover, it has always been a presumption that they came from elsewhere to be refueled at Dover; but that's just a presumption.

http://www.philadelphia-reflections.com/blog/1244.htm

Legal Quagmire: Forming the State of Delaware

Two major societal changes took place between 1632 when Charles I granted the proprietorship of Maryland to the first Lord Baltimore, and 1776 when all American real estate changed its rules. The first change was that the Delaware Bay morphed from a swamp into a settlement of people; settlers came into possession. The second evolution was to the current view that if you sell some real estate it is no longer yours; in earlier eras, everything belonged to the king, who could take it away from a settler and give it to others as he pleased. In legal terms, the last king had the last word. Although acres of parchment were scribbled by lawyers pro and con, these considerations are what what make clear how Lord Baltimore could hold unchallenged legal title for fifty years to everything up to the fortieth parallel, but then have a court take away thousands of square miles. What were to become the three lower counties of Pennsylvania were given to William Penn by the Duke of York in 1682, using some flawed documents and only fully enjoyed by Penn's heirs for six years until they morphed into the new State of Delaware. From 1684 to 1769, legal ownership was a matter of continuing dispute. The exasperated Lord Chancellor (Hardwicke) in 1750 declared the case as one "of a nature worthy of the judicature of a Roman senate rather than of a single judge".

Lord Baltimore had been given "unsettled" land, occupied only by savages. William Penn's lawyers struggled to prove the Dutch had settled the area before 1632, while Baltimore's lawyers sought to prove that pirates and wandering fur traders don't count, nor do villages of thirty people who were wiped out by the Indians. By the Doctrine of Discovery, taking land from pagans was encouraged, but taking land from Christians required special formalities. Since this Doctrine dates back before there were Protestants, it might have been pertinent to inquire whether the Dutch should be regarded as pagans, as the Spanish surely did when they suppressed Dutch independence in the Eighty Years War, ending in 1648.

Lord Baltimore advertised land along the Delaware for sale to settlers while the matter was still under litigation. That was most foul play said Penn, a weak argument to make if litigation was to be pursued for a century.

Maryland favored the Catholic cause, so it seemed plausible for them to want to stall, hoping the Catholic Duke of York would ascend to the throne. Under the new king, however, it seemed unlikely to prevail that the same person, as Duke of York, really didn't own the land he was trying to give to William Penn. So of course Lord Baltimore claimed he never stalled.

When that Duke of York was within hours of being banished, he told his agent Sir John Werden to give the contested strip to Penn, but save out the town of Newcastle with a twelve-mile strip of land around it. Werden wrote it into the charter with a proviso based on the idea that the fortieth parallel was to the south of Newcastle, when in fact it was fifty miles north of it, and could not possibly conform to the stated boudaries. Both Penn and Baltimore learned the true situation in a year or two, and both attacked the other for dissembling ignorance, each seeking to take advantage of implausible arguments. What in fact they both discovered was that if the dividing line could be pushed a few miles south, Penn would acquire the mouth of the Susquehanna in the Chesapeake Bay, while if it went north a few miles, Maryland would acquire most of Philadelphia. Lord Hardwicke worked out a reasonable compromise which, while ignoring some plain language in the documents, eventually resulted in the Mason-Dixon line which is now reasonably comfortable for everybody, although first subjected to another two decades of wrangle.

Even part of the eventual compromise semicircular northern border didn't come out right, resulting in a wedge of no-man's land. Landowners didn't enjoy paying disputed taxes, so they held up the settlement of the wrangle into the Twentieth Century. Eventually, the U.S. Supreme Court cut the wedge into two pieces, giving one piece each to Pennsylvania and Delaware. Meanwhile, disputes continued which had their basis in the way the semi-circular line was plotted out on the land. The surveyors ran 120 straight-line radii outward from the courthouse tower in Newcastle, and then connected the ends. Obviously, that resulted in 120 straight chords instead of a smooth semi-circle, and a couple of bulges had to be accommodated where the circle grazed other straight borders. The semi-circle crossed the Delaware River, and New Jersey helpfully abandoned its portion, only to regret its decision later when toll bridges were constructed, and ship channels deepened.

And by the way, ocean currents moved Cape Henlopen a mile or so southward, but the real boundary problem was that common usage over the centuries confused Cape Henlopen with Fenwick's Island (to which it is usually attached by a thin barrier island), making an implicit difference in the Maryland/Delaware ownership of the corresponding strip of land at the southern border of the State of Delaware, a matter of a hundred or so square miles.

And all of this confusion was merely about the borders of one of the smallest of our fifty states. The political manner in which Delaware became a colony without a charter to the King, and became a state by gradual and mystifying degrees separate from the other counties of Pennsylvania are other complicated stories. Never mind the reasons Delaware remained in the Union during the Civil War, even though it also remained a slave state.

-- With gratitude to the memory of Dudley Cammett Lunt 1896-1981, whose books are a most readable but scholarly analysis of this complicated history. In particular, The Bounds of Delaware and, for the Mason-Dixon Line, Taylor's Gut in the Delaware State are recommended. The courts rejected arguments that the land was essentially wilderness when Lord Baltimore acquired his patent, and history has been sympathetic to Penn, the winner. The contention was the Dutch owned the land by right of discovery ( a Doctrine applied to land ruled by pagans by Pope Nicholas II in 1454), while the Duke of York later took it from the Dutch by surrender to force of arms -- another legally benign method of acquiring sovereignty. However, Lunt points out that a far more significant issue was the southern border of Pennsylvania in Penn's original grant, which asserted geographical impossibility to replace Maryland's plain and simply defined boundary . History has tended to regard this as understandable error, and subsequent legal quarrels to have been perpetuated by William Penn's greedy heirs. However, Lunt seems to reveal his own opinion of the affair by ending his book with a July 31, 1683 quotation from a letter by William Penn to Colonel Thomas Tailleur:

"I, finding this place necessary to my Province and yt ye Presence of Ld. Balt. was agt Law, civil & common, I endeavoured to gett it, & have it, & will keep it if I can."

http://www.philadelphia-reflections.com/blog/1774.htm

Boundaries of the Grant

William Penn

In consideration thereof of our special grace, certaine knowledge, and meere motion, have given and granted, and by this our present Charter for us, our heires and successors, doe give and grant unto the said William Penn, his heires and Assignes: All that Tract or part of Land of in America with all the Islands therein contained, as the same is bounded:

on the East by Delaware River,from Twelve miles distance Northwards of Newcastle Towne unto the Three and Fortieth degree of Northern Latitude, If the said River doth extend so far northwards. But if the said River shall not extend so far northward, then by the said River so far as it doth extend, and from the Head of the said River the Eastern-bounds are to be determined by a Meridian Line to bee drawne from the head of the said River unto the said Three and Fortieth degree;

The said Lands {to} extend westward Five degrees in longi­tude to be computed from the said Eastern bounds,

and the said Lands to be bounded on the north by the beginning of the Three and Fortieth degree of northerne Latitude,

and on the South bya Circle drawne of {at} 12 miles distance from Newcastle, northwards and westwards unto the begining of the Fortieth degree of northerne Latitude, and then by a streight line westwards to the limit of Longitude above mentioned. Note: The 40th parallel crosses the Delaware River at roughly the Tacony-Palmyra Bridge, approximately fifty miles north of New Castle. This southern bound is thus geographically impossible, and tangled bitter lawsuits between Penn and Lord Baltimore, the Proprietor of Maryland. Penn won the lawsuit for many reasons, but the Charter's statement of the southern border inevitably had to be modified by some non-geometric method.

With gratitude to the editors, Richard and Mary Dunn, from The Papers of William Penn, Volume Two, University of Pennsylvania Press, 1982. Underlining added.

http://www.philadelphia-reflections.com/blog/1769.htm

Go to Delaware, Elephants?

Dead Elephant

No one is supposed to know where elephants go to die, but if they are smart as people say they are, my suggestion is to search for dead elephants in the state of Delaware. Most taxes, and estate taxes in particular, are considerably lower, there. At least this was the message Christopher J. Topolewski, Esq. conveyed to the Right Angle Club recently. His firm, West Capital Management, has prepared a table comparing the taxes in the three states that come together at the southeast corner of Pennsylvania, which for residents of the Philadelphia area are within easy commuting distance of each other. Although Delaware has a marriage penalty (one couple is taxed more than the sum of two singles), it has no estate tax at all, no sales tax, and a property tax rate only half that of Pennsylvania, only a quarter of that in New Jersey. For residents of New Jersey there is almost no tax which is not lower in Delaware, but Pennsylvanians would have to be careful to die or cohabit, since ordinary income tax and capital gains taxes are higher in Delaware than Pennsylvania. If you must die (and who doesn't?), go die in Delaware.

This was a situation specifically contemplated as a way to discipline greedy state governments, by James Madison when he was formulating the U. S. Constitution. And there is evidence it is working. By happenstance I once encountered an offical of New Jersey taxation, who told me that 76% of New Jersey taxes are paid by 1% of the population. And that 1% was moving out of the state as fast as it could. West Capital reports that taxation as a percent of income is 1.23% in Delaware, 3.46% in Pennsylvania, and 5.82% in New Jersey. Armed with this information, it becomes easier to understand why New Jersey would depose a governor who had been Co-chairman of Goldman Sachs, during a financial crisis. If a financial whiz can't change this, maybe it can be done with a meat ax.

This is a time of growing restlessness about public spending, and Tea Party revolts are likely to accelerate during the remaining nine months before the next election. Conjecture is growing about a coming deadlock between a Republican Congress and a Democratic President, lasting at least two more years. What might emerge from a strong third party congressional delegation is too arcane to discuss.

It seems almost inconceivable that professional politicians would demonstrate such a forest of tin ears as to let this happen, but the rest of Mr. Topolewski's talk just heated up the fire. His long-scheduled talk was designed to give guidance about the new estate tax laws, but he fould himself confounding his audience with the news that there are no new estate tax laws; in fact, there will be no estate tax laws at all after this year unless they emerge from the congressional gridlock we already have. Which apparently will be followed by a gridlock we can scarcely imagine. Imagine asking your lawyer to write a will which straddles the contingency that there will be no law, that there will be a continuation of the present one, or will be a new law of quite uncertain wording. One of the suggestions offered is to allow your executor the discretion to accept or disclaim certain provisions.

And that brings up an old story. William Penn was the largest private land owner in the history of America, possibly the whole world. He had a trusted agent, who gave him an enormous pile of papers to sign. A busy rich man like Penn is regularly confronted with a discouragingly large number of routine legal documents to sign. So, Penn signed them all, not noticing that one of the various papers in the pile gave the entire state of Pennsylvania -- to his agent. The outcome of the ensuing uproar was that Penn spent six years in debtors prison.

http://www.philadelphia-reflections.com/blog/1776.htm