since the island was primarily on the New Jersey side of the river. Secretary of War John C. Calhoun requested a legal opinion from Attorney General William Wirt. Wirt's conclusion, based on a report by George Read Jr. and former Attorney General Caesar A. Rodney was that the state of Delaware had the valid claim. After conflicting opinions from two different circuit courts on the issue, President James K. Polk intervened in 1847 and suggested an arbitrator resolve the disagreement. John Sergeant was appointed arbitrator, and in Independence Hall heard arguments from the United States (represented by Senators John M. Clayton and James A. Bayard Jr.) and a citizen of New Jersey (represented by former Secretary of War John Eaton and former Secretary of the Treasury George M. Bibb) regarding the history of colonial deeds and the origin of the Twelve-Mile Circle. Sergeant ruled that the deed for the circle was valid and the island had belonged to the state of Delaware. New Jersey contested the circle's borders again in 1872, when Delaware arrested several New Jersey fishermen and New Jersey claimed ownership of the Delaware River up to the middle point. The issue has been adjudicated by the United States Supreme Court several times (primarily in 1877, 1934, and 2007) in cases named New Jersey v. Delaware, and the extensive history of the circle and border dispute were documented by Justice Benjamin N. Cardozo in the 1934 case. Colonial and early American history The oldest known courthouse on the site dates back to 1687. The building was originally both a courthouse and a seat of government, as the building was used by the colonial assembly. During the years when Pennsylvania and Delaware shared an assembly, it generally met in Philadelphia, but occasionally met in New Castle instead, such as in 1684 and 1690. In 1700, the Pennsylvania colonial assembly met in the recently constructed Court House, with William Penn in attendance. In addition to the routine passing of laws, Penn's primary focus during the 1700 session was healing a rift that had developed between the assemblymen from Pennsylvania proper and those from Delaware. This attempt was unsuccessful. In 1704, after the Pennsylvania counties sought to expand their representation in the assembly, the three Delaware counties demanded, and were granted, an independent assembly so they could pass their own laws. They chose William Rodney, grandfather of Caesar Rodney, as their