Middletown transcript., 1872-06-15
DLEyowN COUNTY DELAWARE SATURDAY MORNING.

had colcsized there. IN the form Of :" con-
ccssions aud agreements" in which he
guaranteed !" that all the inhabitants with
in the said province Of West Jersey have
the liberty IF fishing 1" the Delaware
Rier."
The deed from the Duke Of York TO
William Penn for the twelve mile circle.
was executed before the Duke had title
thereto, and no conveyance was afterwards
made to Penn. The right Of government
Of Delaware was never granted TO Penn
By tho King or Duke. The right Of gov
ernment and the rcgaiid thereto attached.
including the public rights Of navigation
and fishing. were 10 the Crown when the
declaration Of American Independence was
proclaimed. Tho King held tho great
rivers in trust for his subjects, and when
the States achieved their Independence the
rights Of the King over navigablc wa.ers.
including the right Of fishing. vested in
tho States in trust for the people snd
when river separated two States under
tho law Of nations, took Jurisdiction TO the
middle Of the stream.
1t is true that Rcnn based his claim to
the preseg, State Of Delaware upon the
feotfmcnts from the Duke Of York, but
through her legislation. Delaware has. in
a solemn manner, denied the validity Of
those fcofFments. under one Of which the
claim to the whole Of the river for twenty
four miles is now made. Near the cloco
Of the last century her legislature against
the protect Of the Penn heirs, denied that
Penn ever had title aud derived the right
Of the State to soil and sovereignty from
the Crown, upon the treaty Of peace with
/ Great Britain in 1888.
For more than two hundred years the
people of New Jersey have enjoyed unn.
tcrruptrdly tho right of fishing on the
eastern side of the Delaware river The
invasion of wha, believed to be the iuris-
diciion of New jersey. the arrest Of citi-
zcns while engaged in fishing on her pub
4 lie waters, the taking Of the persons mr..
rested as prisoners to another State and
compelling them to pay license fee. the
sudden and serious interruption Of the
business of largo number of the people
wiihou, notice To them or to the autho.
rites of this State, were proceedings so
unusual that deem It proper and ncces-
sary promptly 10 issue the proclama,ion
copy Of which sent yen ~ an official
against the arrests of her citizens that had
been made. and also as means of pre-
venting bieacLcs Of the peace by giving
assurance to those Immediately interested
that the controversy would be settled am
icably by legal action
Iuv. s4,t., lar,,i tho 49,. a..
by your Exeellcncy to is.uc proclamation
requesting citizens Of this State TO cease
fishing ca the waters on the New .Ter-
soy side of the river pending the decision
Of the legal question Of jurisdiction. aud
after reflection, have concluded thnt it
would be - disastrous TO TIE livelihood Of
large ugmber Of mcn who depend on the
occupation for subsistence aud So abruptly
Deprive them of public right which they
anil their ancestors have enjoyed for two
centuries. tha; it would bc neither Just nor
wise to take that course. II appears to
mo that the jsrisiict!on Of Delaware. as
nov claimed but in no wise asserted over
Tie locality in question by her las OF
1871, should no; be- insisted upon ip snth
way AS 10 produce these consequences In
my former communication did not intend
to suggest that the Governor Of State
nud power to suspend law, for it mp.
pcarcl to me ,ha, the question was simply
whether the Delaware authorities nigh,
not, pending lega! controversy, allow a
question of jurisdiction which her law o.
/. Isl does not assert. rra2ticnlly as found
+ hy law regret exceedingly tia, notice
was not given the authorities Of this State
soon after the passage of the law of Isl
that Delaware would claim to enforce it.
provisions ON the eastern side uf the river
within tic twelve mile circle, SO that ,lie
question could have been decided before
. the commencement Of the fishing season ol
| 1872. and thus the arrest Of the indus'ri-
Gus and penccnblc citizens aud the inter
ruplinn Of their business haze been avoided
II j. il to hc regretted that the lcgisla
. iurcs Of our States are not in session, 81
that Commissioners to negotiate and seitl,
the whole question might be authorized
But ns this canno. noG be done ] am muel
, gra,iscd with your ready acquicscence il
the proposition to submit i, to Judicial de.
cisinn. The mode Of such submission car
doubtless be arranged BY the law officer,
Of the respective States, aud ! will at once
refer that part Of the communication O
your Excellency to the Attorney-uenera
Of this State. | suppose case can b.
made and the facts agreed upon.
join with your Excellency in the hopt
that the question may soon be settled in q
satisfactory manner, and that the friendl,
relations which have always existed be-
tween the States Of Delaware and New
Jersey may continue uninterrupted
Very respect. your obedient servant.
JogL PARKER.