The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1885-05-09
WAR OF THE FISHERMEN.
The New Jersey and Delaware Shad Fish
srs Still at observation-disclosures

| The New Jersey and Delaware Shad Fish
srs Still at observation-disclosures
Grants.
A state of armed hostility still exists
| between New Jersey and Delaware. The
| fhermen of each State still go out to fish
| with their guns in the bottoms of their
boats, and the respective Governors,
| Attorney Generals and other big guns
are bombarding one another at long
range with all sorts of warnings and dec
larati ions. Should there be il personal
meeting between the two chief execu-
ties, conversation more lively, though
possibly not more interesting than the
famous one between the official heads of
| the two Carolinas. would undoubtedly
ensue.
| The case, when it comes up in the
court, is one that will give the lawyers a
fine opportunity to de,ve into old records.
The original deed of New Jersey was
issued on March II, 1864, when Charles
York, the whole tract, together with
all the lands, islands. soyles, rivers, har-
bors, mynes, minerals, quarries woods
marshes. waters, lakes, fishings, hawk
ings and huntngs." Jerseymen claim
that "tishings'' means the right to fish
| in the Delaware. On June 23d of the
same wear the Duke of York turned over
Nova Cesarea, or New Jersey. to Lord
Berkeley and Sir George Car!eret, and
in 1878 Berkeley sold Its half, the south
ern half, to John Fenwick. the convey
ances in each case carrying all tho rights
and privileges of the original grant.
The original grant fixed the Delaware
river as the Western boundary of the
Province. Pennsylvania and Delaware
claim that New Jersey extends only to
the edge of the Delaware, and Delaware
also claims even the land in New Jersey
within the famous twelve mile circle
around New Castle that was G iven to
William Penn. New Jersey claims the
islands and lands under water in the
Delaware to midchannel, and asserts that
|
clause and all, was surrendered, although
the original, it was pretended, was lost,
and therefore was never cancelled. In
the celebrated Pea Patch case, in which
these points were raised, decision ad
verse to New Jersey was given, but it
takes more than one decision to make a
JerseymaE give up what he once gets
hold of.
Governor Stockley and Attorney-Gen-
eral George r. Paynter were at Dover
last week in consultation over the dis
pute between Delaware and New Jersey
as to the ownership of the fisheries in
Delaware river and bay. 1t was decided
that the United States Supreme Court
injunction of 1877 undoubtedly prevent
ed any interference by Delaware with
Jerseymen fishing in the river, but moth
ing was said in that injunction about the
bay. and the Governor decided that it
was his duty to maintain the right Of
Delaware to absolutely control and reg
ulate as it pleased the fisheries in the
bay from the Delaware shore to the cen
tire of the channel.
The Governor declared that he will en-
force with all the power of the State the
law passed few weeks ago prohibiting
fishing by non-residents in waters under
Delaware's jurisdiction, and notified the
Kent county authorities that he would
sustain them in their attempt to drive
off the Jersey and Pennsylvania fisher
men who are smarming along the Del
aware from Bombay Hook down, max
ing their headquarters at Bowers Beach
an isolated spot, 12 miles from here, and
remote from any railroad or telegraph
communication.
Delaware psople hold that the river
ends and the bay begins at Reedy Island,
near Bombay Hook, and the fight for
control of the fisheries will be from that
point down.