Wilmington daily gazette., 1872-05-18

STATE.
DOVER, Del, May l4th 1872.
His Exceilency JOEL PARKER,
Governor OF the State of New jersey.
SIR:-l am in receipt of your communi. ,iion |
OF the 9Th inst, enclosing your proclamation IL
reference to fishing in the Delaware i.ysr. The
act Of the General Assembly Of the State Of Della
ware requiring all persons to procure liceu>.
before engaging in the business Of fishing in the
Delaware river within the limits Of this state,
WAS passed in 1871, at the suggestion and request
OF the Fish Commissioners of New Jersey
Messrs. Howell and Slack, who attended I'll,
session Of the Legislature, bringing letters Of in
PRODUCTION from your predecessor, ex Governor
| Randolph. Anterior to this time, the legsla-
| ture Of New jersey had passed an act more
stringent in its provisions than our present law.
| and the said Commissioners desired the passag.
of similar enactment by the legislature OF Del
aware. Bat the committee, to whom the matter
was referred. differing with the said commits
sioners, after several conferences, finally nlodi-
fled their bill to meet the appreciation of all pat
ties and the said bill, 40 modified was afterwards
enacted as our present law. The reasons which
actusted the Legislature in the passage OF said
act were founded solely in feeling of COURTESY
and amity TO the state OF New Jersey; and I'll.
act was passed for the purpose OF aiding the pr,-
pagation of certain fish which were fast becom
une < pected and much to be regretted that the
} first controversy arising under said act should
he between the states Of New Jersey and Della
ware, as to their respective powers over the said
, watsrs. The State Of Delaware does not regard
the question as to her jurisdiction over the said
, river and bay, as claimed by her, ~ an oler
. question. The Jurisdiction thus claimed is ex
cluaive over the waters Of said river TO low waite
mark ON the eastern side Of said river within
the twelve miles circle from New Castle, and l.
regarded by said state As paramount to an,
!. which may be claimed by any other state. lhl
! opinion is founded not only upon the origina
grants; hut also upon the decision made by TIN
Arbitrator in the case Of the United States, con
!. cerning Pea Patch Island. to which you refe
!. in your communication. Whether New Jerse,
e was or was nA party to that litigation, o
l. whether or not abe was represented by connse
C We apprehended. does not affect the principle
t that the decision confirmed the title Of the stat
:, Of Delaware to the property in question ~ com
! plste and valid. -.
:. The constitution Of tins state renders It abli
i gatory upon the Governor that "he shall TAX
70 care that the laws be faithfully executed Th
II act in regard to fishing in the Delaware wsfe'
heing law upon our Statute Book, l have II
power, a. the Executive Of thi. state, to susPen
o. its EXECUTION for an instant.
., The spirit Of comfy which dictated your con
10 municaton affords me much qualification, aI'd
40 regret. exceedingly. that you i d not commend
~ the correspondence before issuing your froci
he nation. The rights Of the 6,ate Of De!awa'
No are too we'll known for us to fear judicial II
or vss,ieation, and her ci:sens can hsve no obJee
hs ton to legal trial Of the entire question oe'o
nd The proper tribunal for Hnal adjudication an
On settlement would much prefer an an,cab
Nv sdjlstms0t; but the Cons.ituiion gives me