Smyrna times., 1872-05-22
Dispute Between New Jersey and
Delaware.

After issuing his pr clamation, claiming iurisdic
tlon Tor New Jersey. over half the river Goyeruo,
Farker addressed letter, May the 9Th TO Cover
nor Ponder, Of this State. He states the fact or tLe
arrest OF the fishermen, sin the eastern portion Of
the river Delaware" aud then says:
II am aware that grant by the State Of Della.
ware TO the United States of "Pra Patch Islandr
was In the year lS4S. decided by the Arbitrator
ch'seD by the United States aud Mr. Humphtev IN
DC Vand' New Jersey was not party 10 that lii.
gatoh' nor was she represented by counsel. This
State has never considered that the opinion of IN.
Arbitrator in that submissions decided, even inci.
oentaIly' the boundary and jurisdiction of the re-
specuVe States. Neither before that opinion nor
since, until now, has Delaware made the practical
claim from the effects Of which many Iespecta bic
and industrious citizens of this State are suffering
IhIs Is the first time that attempt has been made
oy the authorities of Delaware to interrupt the bus
ness oil fishing on the eastern side of the river"
lie adds his desire for a settlement in the Su
preme Court Of the United States: homes that DeI.
ware will not attemptto practically enforce her claim
Pendlng such settlement; and concludes with ex
pressons Of desire for peace.
GOVERNOR PONDER's REPLY.
This is dated at Dovor May ID. He saws the
present hsh license law Of Delaware was passed "at
The suggestion and request of the fish commissioner
of New Jersey, MesSrs. Howell and Slack. wbo
came TO Dover on this business, with letters of
introduction from Governor Randolph. lie then
adds:
"The reason which sctuated the Legislature in
the passage of said act were founded solely in a
feeling OF courtesy and amty to the State Of New
Jersey ard the act was passed for the purpose of
aiding the propagation of certain fish which were
last becoming extinct. II is certainly, therefore,
entirely unexpected and much to be regretted that
the hrst controversy arising under said act should
be- bet" cen tie States of New Jersey aud Delaware
as as to their respective powers over said waters.
The State Of Delaware does not regard the question
as to her jurisdiction the said river ana bay as
GAINED by her, as an open question. The jurisdic.
ton thus cliined is exclusive over the waters Of
said river to low water mark the Eastern side 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 of the United States, concern.
ing Pea Patch Island, TO which you refer in your
Whether New Jersey was or was
not party To that litigation, whether not she
was represented by counsel apprehend. does not
affect the principle that the decision confirmed the
title of the Stale of Delaware to the property in
question as complete and valid"
Governor Ponder concludes with saying that he
is sworn to faithfully execute the laws; that he can.
not suspend this, or any other he has no power TO
appoint an Arbitrator; he suggests that the Jersey
fisherman abstain from infringing on Delaware's
Jurisdiction; and he desires peace.