DELAWARE By virtue of and pursuant to the authority vested in me as President of the United States and in order to effectuate further the purposes of the Migratory Bird Conservation Act (45 Stat. 1222), it is ordered that the lands and waters acquired or to be acquired by the United States in the following-described area, comprising approximately 12,177 acres, in Kent County, Delaware, be, and they are hereby, reserved and set apart, subject to existing valid rights, for the use of the Department of Agriculture, as a refuge and breeding ground for migratory birds and other wildlife: Provided , That any private lands within the area described shall become a part of the refuge hereby established upon the acquisition of title thereto or lease thereof by the United States: Beginning at a point on the south end of Kelly Island on the north, or left, bank of Mahon River, said point being marked with a U.S. Biological Survey standard concrete post set 14 inches in the ground and supported by a mound of earth, from which the U.S. Coast & Geodetic Survey triangulation station "MAHON" bears S. 85°05' W., 6.58 chains distant, and the northeast comer of the porch of Mahon Lighthouse bears S. 64°37' W., 7.58 chains distant. Thence from said initial point, along the southwest side of Kelly Island, upstream with the left bank meanders of Mahon River, northwesterly 308.02 chains, to a point at the mouth of Old Womans Gut at its junction with the Mahon River; Thence upstream with the left bank meanders of Old Womans Gut, northwesterly 44.27 chains, to a point at the junction of Old Womans Gut with an unnamed gut; Thence downstream with the right bank meanders of the unnamed gut and Herring Branch, northerly 57.95 chains, to a point on the northwest side of Kelly Island at the mouth of Herring Branch, at its junction with Dona River, also known as Simmons Creek; Thence crossing Dona River, N. 19°35' W., 6.34 chains, to a point on the south end of Kent Island on the left, or north, bank of said river; Thence along the southwest side of Kent Island, upstream with the left bank meanders of Dona River, northwesterly 280.05 chains, to a point opposite the mouth of Muddy Branch in the center-line of Little Fork; Thence along the south side of Needhams Island, upstream with the left bank meanders of Muddy Branch, northwesterly 78.14 chains, to a point in the center-line of Boat Gut, at its junction with Muddy Branch; Thence with the meanders of the center-line of Boat Gut, northerly 54.50 chains, to a point in the center-line of Boat Gut at its intersection with Leipsic River; Thence, crossing Leipsic River, N. 1°59' E., 2.68 chains, to a point on the north, or left, bank thereof; Thence upstream with the left bank meanders of Leipsic River, northwesterly 65.48 chains, to a point on the left bank of said river at Whitehall Landing; Thence, leaving the bank of Leipsic River and crossing Whitehall Neck, west 0.75 chain; N. 5°29' W., 26.27 chains; N. 7°06' W., 18.95 chains, to a point in the center-line of Whitehall Neck road; Thence with the center-line of Whitehall Neck road, S. 80°32' E., 0.39 chain, to the intersection of the center-lines of said road where it turns to the south; Thence, leaving Whitehall Neck road and continuing across Whitehall Neck, N. 7°06' W., 17.47 chains; N. 78°41' E., 11.03 chains; N. 6°58' W., 52.36 chains; S. 77°19' W., 11.00 chains; S. 80°52' W., 46.60 chains, to a point in the center-line of Finis road; Thence with the center-line of Finis road, N. 8°09' E., 8.70 chains, to the intersection with the center-line of Dawson's Branch; Thence with the center-line of Dawson's Branch, northwesterly 72.21 chains, to a point; Thence, leaving Dawson's Branch, N. 2°82' W., 28.27 chains, to a point in the center-line of Dutch Neck road; Thence with the center-line of Dutch Neck road, N. 82°23' E., 2.00 chains, to a point; Thence, leaving Dutch Neck road, N. 13°43' E., 23.42 chains; N. 15°02' E., 13.49 chains; N. 71°26' E., 37.85 chains; N. 71°22' E., 41.67 chains; S. 68°07' E., 14.32 chains; N. 81°36' E., 91.88 chains, to a point on the west, or right, bank of Duck Creek; Thence downstream with the right bank meanders of Duck Creek, southeasterly 317.56 chains to a point; Thence, crossing Duck Creek, N. 75°18' E., 5.58 chains, to a point on the north bank thereof on the west side of Bombay Hook Island; Thence, crossing said Island, N. 81°18' E., 111.03 chains, to the east side thereof on the west shore of Delaware Bay; Thence along the east side of Bombay Hook Island, with the meanders of Delaware Bay, southeasterly, 217.30 chains, to the southeast point of Bombay Hook Island on the left bank of Leipsic River at its mouth; Thence, crossing Leipsic River, S. 40°38' W., 16.20 chains, to the south, or right, bank thereof at the northeast point of Kent Island; Thence along the east side of Kent Island with the meanders of Delaware Bay, southerly 125.01 chains, to the southeast point of Kent Island on the north, or left, bank of Dona River at its mouth; Thence, crossing Dona River, S. 19°11' W., 7.27 chains, to a point on the south bank thereof on the northeast point of Kelly Island; Thence along the east shore of Kelly Island, with the meanders of Delaware Bay, southerly 242.80 chains, to the southeast point of Kelly Island, at the mouth of Mahon River; Thence along the south side of Kelly Island, upstream with the left bank meanders of Mahon River, westerly 11.36 chains, to the place of beginning. This refuge shall be known as the Bombay Hook Migratory Waterfowl Refuge. FRANKLIN D ROOSEVELT The White House, June 22, 1937.
Executive Order 7643—Establishing Bombay Hook Migratory Waterfowl Refuge
Executive Brief • At a Glance
The lands and waters acquired or to be acquired by the United States in the following-described area, comprising approximately 12,177 acres, in Kent County, Delaware, be, and they are hereby, reserved and set apart, subject to existing valid rights, for the use of the Department of Agriculture, as a refuge and breeding ground for migratory birds and other wildlife: Provided , That any private lands within the area described shall become a part of the refuge hereby established upon the acquisition of title thereto or lease thereof by the United States: Beginning at a point on the south end of Kelly Island on the north, or left, bank of Mahon River, said point being marked with a U.S. Biological Survey standard concrete post set 14 inches…
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on June 22, 1937, this order concerns Establishing Bombay Hook Migratory Waterfowl Refuge. The lands and waters acquired or to be acquired by the United States in the following-described area, comprising approximately 12,177 acres, in Kent County, Delaware, be, and they are hereby, reserved and set apart, subject to existing valid rights, for the use of the Department of Agriculture, as a refuge and breeding ground for migratory birds and other wildlife: Provided , That any private lands within the area…
Key Directives & Operative Actions
The lands and waters acquired or to be acquired by the United States in the following-described area, comprising approximately 12,177 acres, in Kent County, Delaware, be, and they are hereby, reserved and set apart, subject to existing valid rights, for the use of the Department of Agriculture, as a refuge and breeding ground for migratory birds and other wildlife: Provided , That any private lands within the area described shall become a part of the refuge hereby established upon the acquisition of title thereto or lease thereof by the United States: Beginning at a point on the south end of Kelly Island on the north, or left, bank of Mahon River, said point being marked with a U.S. Biological Survey standard concrete post set 14 inches…
This refuge shall be known as the Bombay Hook Migratory Waterfowl Refuge.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 7643 (June 22, 1937), https://executiveordersarchive.org/orders/app-executive-order-7643-establishing-bombay-hook-migratory-waterfowl-refuge.