Middletown transcript., 1872-06-15
Delaware River Fishing Troubles.

Parker to tho letter Of the Governor OF
Delaware:
STATE OF NEW J1essy, EXECUTIVE DrrAarurSr.
TRgSros May ~, 1872.
His Erceii,ncy, JAMES PONDER, Gocernor
Of he State ot Deiaware
S,n;-lour reply TO my letter of the
9th instant hns been received
The communication OF your Exccllcncy
claims tha, the State Of Delaware has rx.
elusive jurisdiction over the waters of the
Delaware river to low water mark on lhr
New Jersey side. within what is called
the twelve mile circle In other words it
is Insisted that the State of Delaware has
such lilc To the territory. embracing some
twenty four miles III length of the river.
as tp exclude the people Of New Jersey
from iishing on the eastern side thereof,
uuleas they obtain the permission of Della
war;. The State uf New Jersey denies
that Delaware has jurisdiction o,ee any
part Of the waters of the river cast Of thu
lsddle line ani Insists that her citizens
have the legal right to fish on the New
Jersey siic of the river without the license
Of Delaware, either within or without the
so-callcd circle. The question involved
j, one Of great importance. and | agree
with your Exoeilcucy ths. it should be
settled ut an early day.
l, seems that the State of Delaware
bases her ela;n to exclusive jurisdiction
over the waters of the river within the
twelve mile circle, upon the decision of the
Arbitrator in the Pea patch case, and also
upon original grants. As the cummnni.
cation Of your Excelleney emphatically
states these two grounds Of confidence IN
f the claim Of Delaware, i i proper that !
should briefly ao.co them.
The submission Of the Pea.patch cas-
was between iha Secretary OF war. netting
i for the lnitsl States, aud Jas Humphrey.
ani the question submitted was whether
+ the United States or Mr.. Humphrey had
,i, 10 the land Of tha, island The award
! in that case has never been considered an.
/ thoriiy binding on ans but the parties to
/ the Submission In his decision the Ar
hiirator states. that " he is fully aware
,ha, his opinion is Of 10 authority what
ever except for the single purpose as to
which ,l.e agreement Of the parties has
I
| title Lcirecn Hem"
The award. thereof docs not amount to
judicial authority, aud is only the opinion
| Of an able lawyer. antagoneiic to the epin-
ion Of other able lawyers eau,emporanrauS
with tho Arbitrator, aud in conflict with
the charge of Judge Baldwin in case
tried in the United States Circuit Court
involving the same question. |, certainly
cannot conclude either lfe,swarc or New
Jersey on the question Of jurisdiction.
The disputed Jurisdictions Of STATES can be
settled only by treaty or By the decision
Of the Supreme Court Of the United States
Even il the award in the Pea Patch
case be considered judicial authority. i,
does no, decide the question Of the right
Of the respective States to Jurisdiction up
on hc raters Of the Delaware. The opin
ion Of the Arbitrator only determined the
title 10 tand not corered by rat,r. The
question raised by the arrests Of which
| Sew Jersey complains, relates not to title
to laad. which is jmpriratum, but to jur-
isdietior on navigable waters, which is
jus prlVicGm
The further claim Of the State Of Della
ware to jurisdiction over the waters Of the
river within the twelve mile circle up TO
the Jersey shore, is founded on the n .ient
grants. A careful examination Of these
has led me to a conclusion different from
that Of your Excellcucy. Two years be-
fore the Dake Of York executed bis grant
to William Penn Cor the Nex-Castle Cir
clc. the Duke. who had derived his title
to tho territory aud government Of New
Jersey from the Crown. granted to the
proprietors tho territory aud government
Of West Jersey. suucxing to the grant
these wcrds: And also the free use Of
all bays. rivers. and waters leading uato
Or lying between tho said premises for
navigation. free trade. fishing or other.
wise" Long betore the fsoTment to Will
liam Penn Of any part Of Delaware, Penn.
claiming 70 b. one Of the proprietors. Of
West Jersey. with other propiictors, gave
! system Of government TO the people Who