The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-14
THE FISH FIGHT.
Dove-TIike Delaware ATTACKS
Naughty New Jersey.
NOLICENSE---NO SHAD!
An 0ySiegnan'S Opinion and Free Discussion
By Fishermen On 4 Variety Of Subjects.
WILMINGTON. Del, Lay Is, 1872.

WILMINGTON, Del, LAY Is, 1872.
A curious reversal OF a fundamental law OF optics
has served to magnify the Delaware fishery troubles
In almost exact ratio to the distance from which
they were viewed. While at Princeton n j.. they
assumed so formnable an appearance as TO lead
Governor Parker to issue an emancipation proc
Iamation in favor OF the fishers, here at Whining
ton the interest has been almost exclusively con-
lined to a few minor officials, who, viewing 1t from
the Attorney Generals standpoint, see 1t only IN
the light of mo lcense--no shad.n 1t Is true,
there have been one or two personal at
tempts 10 settle the disputed question by
force OF blows, but the chiyalyous persons
enlisting in the enterprise early retired
the bosom OF their respective admirers, rejoicing
In the acquisition OF blue noses and green eyes.
Beyond those referred to and the dozen or more
persons who hitve caught at q stray paragraph in
the local papers abiding to the subject most In
teresnS and cheerful state Of ignorance pervades
the community. Nevertheless, this subject derives
great deal OF responsibility from the antiquity OF
its relations, almost as ancient the coming OF
Columbus and the remarkable advent Of the Pill
grim fathers. The shades of Charles Stuart
James Duke OF York, and persuasive William
Penn mixed up with the affair and
lnextricably entangled in the nets Of the
infuriated hshermen: while documents recorded
in the city of New York in lGS2 form the
basis upon which the prosecution s waged by the
Delaware authorities. New Jersey has long been
in the habit Of driving from the waters OF the Della
ware the oystermen who came from Delaware and
Pennsylvania. Such persons, il they had planted
oysters the east OF the middle line of the river
were not allowed to fish them up, but If caught in
an attempt to do were arrested, Imprisoned and
their vessel made forfeit to the State. Now it
transpircs that
JERSEY HAS NO SHADOW OF A RIGHT
to any portion OF the river along the principal
fishing ground, save the narrow strip which the
tide may leave uncovered at low water along her
shore. BY referring to the map OF Pennsylvania
the reader will observe that Delaware pierces It's
southern line In the form OF semi-crcle, and the
original grant from Charles IT,, King OF England
TO William Penn, In 1851, describes this boundary
as a circle having its centre at New Castle and a
radius OF twelve miles, The land within this circle,
well as that lying between the east bank OF the
Delaware bay and river and the Connecticut and
Hudson rivers was given hy Charles to his brother
James, Duke OF York, in 166i York sold to Lord
Berkeley and Sir George Cartaret in the
year all the lands east OF the Delaware ana TO the
waters edge. and on the 2sh Of Octoocr, 1852, he
by his attorney, John Mol, transferred and
made formal delivery OF seizen 10 william
Penn OF his remaining lands, Including
the circular tract about New Castle, 'with river
water and son," to low water mark on
The Jersey shore. Ills includes the famous fishing
grounds for distance Of twenty -four miles, extend
Ing from point between Marcus Hook and Clay
mont south to y point between Port Penn and Oils
tents tree.n Al the breaking out OF the Revolution
the title of the river north Of Marcus Hook
manned in the crown; below the southern limit Of
the twelve mile circuit it rested with the heirs or
York and within the circle, for distance OF about
twenty-four miles as above described, the river
SOIL was owned by the Penn family and the people
Of Delaware. Tne Reyo1ton dissolved wed the the,
h se 's KING ana 81 some year anu ae e
Pennsylvania and New Jersey divided their iuris.
diction over the Islands and waters between their
borders. The title OF Delaware has however, re-
NAMED intact, and was expressly confirmed In the
.'Pea Patch' decision Of John Sergeant in 1915, at
THE ATTORNEY GENERAL or THE SITUATION.
At an early hour yesterday your reporter paid a
Delaware. Mr.. Love is kind genial gentleman,
and laughed heartily over the FISH war; which he
styled tempest in teapot" In addition to
some OF the facts detailed above he stated fol-
lows The best Of the joke l. that the trouble In
own creation. Though they assumed to possess
paramount RIGHT to portions of the river while u
this State, we regarded their assumption simply as
droll and almost harmless one. However, in the
sioners from that State came over here ana pro-
cured the enactment of law by our Legislature,
when WAS fast being ruined do not know how
or by whom the inudicous arrangement Of licenses
made. Tie fee imposed was 50 for residents
and $50 for non-residents of the State The act was
passed March %, 1871, and the penalty in case OF
violation was fine Of 500 and and eonlscaon Of the
licenses under the law this season were number
persons living in the State OF PENNSYLVANIA, just
above Marcus Hook and about the LIST of the present
month one of these, Mr.. John Richardson, OF Mar
Gus Hook, complained that the Jersey boats that
paid no license monopolized the best fishing
grounds, and demanded that they be forced 10 pay
the same license as himself or cease to cumber the
waters. In consequence OF his complaint on Tues
day, the I'd inst, / chartered tug
Which / despatched in command of Captain
John Haycock, with Constable Prichard and small
posse to arrest the owners OF all boats found FISH,
ing without a license. They brought In twelve
men were brought into Court for trial, and told
them did not wish to proceed against them, and
their fishing This, after consideration, they con-
cluded to do, and each boat paid $40 license and So
costs incurred N Inc saRtmre nope me portion
this and neighborng states viii be done away with;
but so long as it exists It is my duty to enforce It,
PUBLIC OPINION
IN Wilmington tends to throw doubt upon the
power OF the State to retain the forced license
the authority OF the State over the waters Of the
river within the New Castle circle: The recent de-
csion OF the United States Court in Virginia that
states must not charge dferentlal licenses dis
crimnatng against residents Of other States and
Zens OF each State shan be entitled to all the priv
leges aud imrnunities Of citizens in tire several
Under the caption of
mot PREPARED FOR WAR;,
tuc DtnWWWH government organ ct Dover al.
Nises that, In view OF the bellircrcnt attitude m
New Jersey the County Commissary should over
maui anu grease UP lot OF diapidaed muskets
which some one recently discovered Willie peepin1
through broken window in the cellar OF the state
quoted by boys OF uncertain age and color ahout th
saloons In the vicinity Of the railway and along the
creek, and strangers passing by have opprobous
epithets flung after them the possible chance
that they may be natives OF the hostile state
DRIFTING TOWARDS JERSEY
Leaving Third street bridge at MONDAY in boa{
rugged with useless Sail, we dropped idiy down
the Christine TO the Delaware. Not breath OF air
was stirring, and In the rank grasses and nags that
HkIrted the waters edge the millions OF insects hir
and little, were piping shrllly. Lazy butterflies
drifted slowly along the sunshine, and swiltwinged
swallows skinned over the placid waters In the