Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1872-05-18
Tie EIshery Dispnte.

CORRESPONDENCE BETWEEN THE TWO GOVERNORS. :.
After issuing his proclamation, claiming
jurisdiction for New Jersey, over half the river
Governor Parker addressed letter, on May the
9th, to Governor Ponder of this State. He
states the fact of the arrest of the fishermen
''in the eastern portion of the river Delaware" :"
and then says;
II am aware that grant by the state Of Del
aware to the United States OF Pea Patch lH
land" was, in the yelr 1913, decided by the Ar
bitrator, chosen by the United States aud Mr.
Humphrey, to be valid. New Jersey was not a
party to that litigation, nor was she represented
by counsel This state has never considered
that the opinion of the Arbitrator in that sub
mission decided even incidentally, the bonn
Diary and jurisdiction of the respective States
Neither before that opinion nor since, until
now, has Delaware made the practical claim.
from theseifeots Of which many respectable and
indurtfious citizens of this state are suffering
This is the first time that an attempt has been
made by the authorities of Delaware to inter
Tupt the business of fishing ON the eastern side
Of the river.
He adds his desire for a settlement in the su-
preme Court of the United States; hopes that
Delaware will not Attembt to practically enforce
her claim pending such settlements and con-
cludes with expressions Of a desire for peace.
GOVERNOR PoNDER's REPLY.
This ia dated at Dover May IA. He says the
present fish license law Of Delaware was passed
'at the suggestion and request OF the fish com
missioners of New Jersey, Messrs. Howell and
Slack who came to Dover on this business, with
letters Of introduction from Governor Randolph.
He then adds:
1.-The reasons which actuated the Legislature
in the passage of said act were founded solely
in feeling of courtesy and amity to the State
Of New Jersey; and the act was passed for the
purpose of aiding the propagation Of certain
fish which were fast becoming extinct. 1t is
certainly therefore, entirely unexpected and
much to be regretted that the first controversy
arising under said act should be between the
States of New Jersey and Delaware, as to their
respective powers over the said waters. The
State OF Delaware does not regard the question
to her jurisdiction over the said river and bay,
as claimed by her, an open question. The
jurisdiction thus claimed 10 exclusive over the
waters of said river to low water mark on the
Eastern eide of said river within the twelve
mile circle from New Castle, and is regarded by
said State as paramount to any which may be
claimed by any other State This opinion is
founded not only upon the original grants but
also upon the decision made by the Arbitrator
In the case of the United States, concerning
Pea Patch Island, to which you refer in yoni
communication. Whether New Jersey was or
was not party to that litigation, or whether or
not she was represented by counsel we appre-
hend, does not affect the principle, that thI
decision confirmed the title OF the State of Del
aware to the property in question as complete
and valid"
Governor Ponder concludes with saying thai
he is sworn to faithfully execute the laws tina
he cannot suspend this or any other; he has nj
power TO appoint an Arbitrator; he suggests
that the Jersey fisherman abstain from infring
ing on Delaware's Jurisdiction; and he desire
peace, ..f