Wilmington daily gazette., 1872-06-10
!. Nal s,re River Fishing Troubles
-. ousstton Of jurisdiction.
,r.. following il the reply OF Governor farke
,.,..r of the Governor OF Delaware:
L. :,

-, s.,,ovv,ng il the reply OF ooveinoF A"fAe1
.A' ,...., os the Governor OF Delaware:
sn' STATE or NEW JERSEY,
ExECUrtyE DEPARTMENT.
TRENTON. May %. 1872.
\. R,e.,,ency. JAMES PONDER "oee'''o' o/ f"e
Sast Of Deia'oarc, :, letter of the 9th instant
oeen .',"u,cst,on of your Excellency claims |
Ihc %s.,s ~ delaware has exclusive jurisdic-
~ ~ ~. sSs vaters OF the Delaware river to low
..s r.rk on the New jersey sidc' WITHIN wnht
w. s,.I ~ tveys mile circle. In other words u
c.s.S cA... =" sh.t tho State OF Delaware has such
" ~ ,he territory, embracing some twenty-four
ue ':. ~ i.nvth of the river, - TO exclude the
nss - - New Jersey from fishing on the eastern
y P.Ssr.of. unless they obtain the perms'on OF
.,.~sre The State Of New Jersey denies that
sisvars has Jurisdiction over sny par. d Oh ;ne
..s os the river east Of the middle line, ana IN
.sst hsr citizens have the legal right to sh
-" Nsw Jersey side Of the river without the
a.n.. NJ Delaware, either within or without tho
".,.t circle. The question involved 10 one OF
s.. importance. aud agree with your Excelle"-
,hst Il should bs ssttlsd 1t an early day
:. ...m. that the State Of Delaware bases her
~ .rcIusiye jurisdiction over the waters OF
s.'m 49, w. w,th,n the twelve mile circle, upon the
"'.on NJ tne Arbitrator in the Pea-pAtch case,
sS. II .,.o mon original grants. As the communi-
..;on Of your Excellsncy smphaticaiiy states
~ tvo grounds Of conhdsnce III the claim OF
Delaware. IT is proper that should or'eny NOTICE
ATH IT,. submi mission in the Psa-patch case was be-
IAN tho Secretary of War. acting for the U United
..,.. and James Humphrey, and the question
'hm;,ted was whether the United States or Mr..
aumphrsy had title to the land OF that island
M. svsrd in that case has never been considered
n.hor,tv binding on any but the parties to the
mhmissiou. In his decision the Arbitrator states.
hst Uhe IL fully aware that his opinion is OF no
uthority whatever except Tor the single purpose
q n which the agreement OF the parties has made
exclusive that is, the question OF title osficee's
hsm."
The award, therefore, does not amount to judi
k,al authority, aud IL only the opinioh OF AL able
.~v.r antaaon,stIc to the opinion of other able
LAWYERS coutsmporansous with the Arbitrator
md IN couh.ct with tue charge of Judge BALDWIN
n a case tr,sd IN tn. United States Circuit Court
Involving tine same Question. 1t certainly Cannot
Conclude either Delaware or New Jersey Oh the
puestlou OF jurisdiction. The disputed lurlsdic-
lon, OF States eau be settled only by treaty. or BY
khs declsion OF the Supreme Court of the United
States.
Even il the award in the Pea-PNtch case be
con,idsred judicial authority, It does not decide
the question OF the right of the respective States
10 ;uy,sdietion upon the Uateys of the Delaware.
Tbs opinion Of the Arbitrator only determined
tho ttls TO land not covered by soatev. The ques-
tiou raised by the arrests Of which New Jerse,
complains relates not to title to land. which Is
Driratum, but to jurisdiction OH navugeble waters,
which Is Jus puottchm
The further clam of the State Of Delaware to
jurisdiction over the waters OF the river within
the twelve mile circle up to the Jersey shore, is
founded on the ancient grants. A careful exami-
nation OF these has led me to CONCLUSION different
from that of your Excsiisncy. Two years before
. the Duke Of York executed mis- grant to William
Penn for the New-Csstle Circle. the Duke. who
bad derived his title to the territory and govern
msnt Of New Jersey from the Crown, granted to
the pgoprstors the territory aud government Of
Wst jersey, snnsxins to the grant these words
" And also the free use OF all bays, rivers, and
watsrs leading unto or lying between the said
premises for navigation, free trade, fishing ol
otAsrwiss" Long Oeiors the isodm Mt to W llian
Penn Of any part OF Delaware, Penn, Claiming t.
b. one Of the proprietors, OF West Jersey, with
other propristors, gave \ system Of government
to The people who had colonizsd there in the form
| Of concessions and agreements" in which b,
guaranteed " that all the inhabitants within tn,
4 sald province Of West Jerssy have the liberty O
Jiahins N the Dslasours R,ver."
The dssd from the Duke Of York to William
| P-nn for the twelve mile circle, was executed be
fors the Duke had title thereto, and no convsyanc
. Wa afterwards made to Penn. The right Of gov
| srnmsnt Of Delaware was never granted to Peni
/ BY The King OF Duke. The right Of goverpmen
and the regalia thereto attached. including tn
public rights Of navigation and fishing, were IN tn
Crown when the declaration OF American Inde
psndsncs was proclaimed. The Krg held tn
great rivers in trust for his subjects. and when tn
Ststss achieved their independence the rights q
the King over navigsbie waters, including tn
right Of fishing, vested IN the States in trust TO
the people; and when . river separated two State
under the law OF nations, took jurisdiction TO tn
middle Of the stream.
It is trus that Penn based bis claim to the pre
| mt Ctat of nola tho
the Duke of York. but through her Legislation
/ D,lawsre thas, in . solemn manner, denied th
| vahdiy Of hose iso6ments, under one of whic
tho c4aim to the whole OF the river for twenty -fou
miles is now made Near the close OF the la
century her Legislature against the protest
The Penn heirs. denied that rsnn ever had TIT
and derived the right OF the State to soil and so'
srsisnty from the Grown. upon the treaty
psacs with Great Britain in 1888.
For more than two hundred years the people
Nav Jersey have enjoyed uninterruptsdly Il
rishe of Rshlns ON the eastern SIDE OF the Del
wAss r,ver. Ths invasion OF what believed
b tie Jurisdiction OF New Jerssy, the arrest
citissns while engaged in fishing on her publ
Weasnh tue taking Of the peraons arrested
ps,sossn 70 asothsr State aud oompsllinS the
T. ~ licsUse fse, the sudden aud serious IL
onNesion Vt the business OF . large number
- people without notice to them or to the auth
nen OF this State, were proceedings 20 unusu
PEVPsE anu necessary promptly
ness The proclamation, . copy Of which sent "
ooa emsiA against the srrests OF her citize
thae had bssn made, and also as means of y,
waens brssehss OF the pssce, by giving .ssuran
tAsss Immediately interested that tho CONT
wty would p ssttlsd amicably by legal aetie
Ahavs considered the sugRcstion made
your Lxcellsncy 70 issue . proclamation Z
SSn0ne citizens g this State b. erase hshi
oa ~ waters on the New Jersey aide Of t
nveR pending ting decisiOn Of the legal gu,
aoo " Jurisdiction, and after reflection, Iha
oooelNdNd that il would In 40 disas frnI,s fn l