The Township Of Tinicum.

section covered all the islands on the Delaware excepting Big Tinicum Island. Hence, after the termination of the Revolutionary war, it became necessary for the States of Pennsylvania and New Jersey to determine to which of these States the islands should be assigned. In that adjustment Hog Island, Martin's Bar, Printz's Island, Maiden Island, and Little Tinicum Island were allotted to Pennsylvania, while Monas' Island, Chester Island, Chester Island Bar, Tonkin's Island, and Marcus Hook Bar became part of New Jersey. I have, of course, considered the partition of the islands so far only as relates to those lying in front of the present county of Delaware. The Legislature of Pennsylvania, by act of Sept. 25,1786, annexed the islands named as allotted to this commonwealth to Chester County, particularly specifying that "the whole of Hog Island, which lies opposite to the said boundary of Philadelphia and Chester, and of the marshes surrounding the said island, is hereby annexed to and shall be deemed to be part of the said county of Chester and of the nearest township of the said county."¹

Under the provisions of this act Hog Island became part of Tinicum township, as, in fact, did all the islands facing Delaware County, the title to which Pennsylvania had acquired by the terms of its treaty with New Jersey. Very early in our history we find mention of Hog Island, for at the last court held under the authority of the Duke of York, June 14, 1681, it appears that "Justice Otto Earnest Cock acquaints the Court that hee has bought and paid of ye Indian proprietors a certain swampy or marshy Island, called by ye Indians Quistconck, Lying att the upper End of Tinnachkonck Island in ye river opposite Andrews Boones Creeke, and desires ye Corts approbation. The Cort, haveing well informed themselves about ye premisses, doe allow thereof."² Armstrong tells us that this swampy island, now known as Hog Island, on Lindstrom's manuscript map appears under the high-sounding title of "Keyser Eyland, Ile des Empereurs."³

³ Ib., p. 191.

This island has played no insignificant part in the story of our county. Previous to the Revolution it had become the property of Joseph Galloway, to whom allusion has already been made. On July 29, 1775, when the Council of Safety was laying the obstructions in the Delaware River, it was decided to sink the frames opposite the upper end of Hog Island in preference to Billingsport,⁴ and on June 19, 1776, when an attack by the British fleet on Philadelphia seemed imminent, Abraham Kinsey, the tenant under Galloway on Hog Island, was notified that the committee deemed it necessary to overflow the island with water on the near approach of the enemy, and all injuries he would sustain by that act should be made good to him by the public.⁵ There is no evidence, however, to show that the land was then intentionally submerged. In 1780 the real estate of Joseph Galloway had been confiscated to the State, and on December 15th of that year, complaint having been made to the Supreme Council that Benjamin Rue, Francis Proctor, Joseph Ogden, William Eckhart, and Mark McCall "had taken forcible possession of Hog Island," the parties were brought before Council and compelled to enter bonds for their appearnce at the next Court of General Sessions for the county of Chester, to answer the trespass.⁶ The defendants, appearing to have taken possession under color of title adverse to that acquired by the State under the confiscation laws, maintained their position during a bitter and constant litigation extending over nearly ten years, and were several times after the instance mentioned arrested and held in recognizance to answer at court, but the threatened criminal proceedings were never pressed. In December, 1780, the island was sold as confiscated estate to James Mease, Hugh Shiell, and Samuel Caldwell, of Philadelphia, and on the 4th of January following Council instructed the sheriff of Chester County to put the purchasers in possession, "they paying the incidental expenses;" and in the mean while, Abraham Kintzing was required to retain possession of the island in behalf of the State, and the sheriffs of Philadelphia and Chester Counties were directed, if necessary, to "assist him in holding possession against all intruders." At the same time the attorney-general was instructed "to support the claim of the State against sundry persons who have lately attempted to take possession under some pretended rights, and take proper steps to cause the persons who are witnesses to the late forcible entry to attend at the next Chester court, in order to lay the complaint therein before the grand jury."⁷

⁷ Ib., p. 592.

On Feb. 16, 1781, Council ordered the island to be surveyed, and the following day a committee, consisting of Dr. Gardner, Gen. Potter, and William Van Campen, was appointed to confer with a similar committee, which the Assembly was requested to name, "touching a valuable island in the Delaware called Hog Island, seized by the agents for confiscated estates in the county of Philadelphia, on the property of Joseph Galloway, an attainted traytor, and which Col. Proctor and others are attempting to take into their possession."⁸ The committees seem to have conferred, and it was decided to retain Jonathan D. Sergeant to appear in behalf of the commonwealth, a retaining fee of fifteen pounds to appear "in a cause depending respecting Hog Island."⁹ The controversy continued, and on July 14, 1781, another sale of land on the island was made by the agents of the State in Chester County, in which some special order of the

⁹ Ib., p. 634.