Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-08-12
DnEAwAns rrsHnEmnx.
The Laws Tor Their Protection and
a Plea for Enforcement.

his New Jersey protested and SAID Snc
owned the one half and asked the Supreme
Court of the United States to restrain
Delaware from taking such possession
until she had proved her title TO IL before
the court. The injunction, as q general
form of law, was granted simply TO pre-
vent Delaware from interfering with New
Jersey fishing her own side of the river |
within these disputed limits north Of |
Reedy Island. There was no dispute |
south of Reedy Island, consequently the |
injunction does not apply there.
The Supreme Court Of the United States |
in more than one decision has made it the
law of the land that each
state owns her fishing and oyster interests
and can do with them what she pleaaes
they are her exclusive property, and she
can let or forbid whom she pleases from
using them. You will here see that New
Jersey has never had an injunction below
Reedy Island, and furthermore this in.
junction was not issued 10 give New
Jersey the right to trespass on us, but to
prevent us from driving her out Of the
river above Reedy Island in this State
Under the wording of this injunction she
assumed TO completely mOnopolize our
whole fishing interest for fourteen yenrs
clean to the BreAkwater. This nuisance
became 80 great that the fishermen, and
all good citizens knowing the fact rose
almost en- masse at the last session of our
Legislature, and demanded an act to pro-
tect our fishing interests.
You are perhaps not acquainted with
the trials and difficulties that have been
encountered in the passage and execution
OF this law up TO this time. II is right
that you should fully understand them
that you may know best what to do for
your own interests. There was every imngin-
able objection raised to its passage from
bloodshed and riot to our constitutional
right to pass suoh an act. After all legal
objections were removed, il was finally
passed late in the session. As soon as it
became known, our capitol ut Dover was
filed with foreign fishermen and their
allies, and five legal gentlemen of Dover
who were found to undertake their nefn-
rious scheme, received Yetainers of 800
each and promise Of $l00 more each to
break down or repeal this act.
/ am sorry to say that there were too
many members of that Legislature who
voted for New Jersey and against our
| own State to be healthy for their future
political welfare. l am happy to say
| that there were in the lower house enough
true, loyal men to their State not to be
scared by Jersey lightning or softened by
Jersey gold who stood up for our rights
| and the dignity of the State in this time
| of your peril and sustained the law you
should bear them in remembrance as they
| saved your law. Your troubles had just
commenced on the passage of this act.
There was Immediately most desperate
effort made 10 smother it and render il q
dead letter ON the statute book. We
were even tainted by Jersey fishermen
who said we could not enforce the
law. They thought you were only pool
| fishermen and could be easily smothered
out. They little counted on the brains and
courage that that demanded the execution
of the law. The first difficulty encountered
was the governor who refused to issue
proclamation to the hordes of foreign
fishermen in our waters that the Law
would be executed and TO what extent
and to also notify the civil officers of tn
State to see the law executed. The hes
that could be got from him on the direc
question by the writer was that he woult
execute the law in the bay. Thi
! was sufficient for the fishermen b
execute the law from Reedy Is
land down as this was below tho lin
of the injunction. When the frs
warrants were issued fae ,h.If 81 / ii
county refused TO serve tnem under Xha
legal advice am not ut this time prepare,
to say. The statute was broad and CAV
constable or other person as much powe
as sheriff. A brave constable was fount
in Dover who was not afraid to serve tn
warrants when supported by our owl
determined fishermen who were prepare
to have them executed Mt all hazards il
the face of 200 foreign fishermen VIII
were waiting for the smothering out o
, our law, but they soon found il was i
full blaze and it was best to got out @
, our waters. 1t would not smother.
Next our learned attorney. genera
thought that any one who squatted With
our limit was bona fide citizen, and eve
, went so far as to let number Of partie
fish who only swore they intended to be
, come citizens, and as soon as the seaso
was over foated away with their res
dence. No one ever supposed before tha
it wasiso easy TO become bona fide either
Il was supposed it would take one veal
Next lot of defiant Jersey fisherme
located at Port Penn and tished in GU
water below Reedy Island and delied al
rest. Warrants were taken ont and til
sheriff Of New Castle county refused {
serve the warrants. Whoever instructe
him not to do it must have been som
one in power. Was il the smotherin
process again We have to fall back I
Purnel Lynch as constable, friend {
, the fishermen, and who was not afraid I
execute them with the fishermen's sui
port, and seized them and their propert
, and this brought the issue we were seel
, ing. Governor Albeit of New Jerse
replevined his property under the pie
, that the arrests were made inside til
i limits of the injunction. The iisherme
, answered that they were arrested for fish
! ing outside the limits of this injunctio
1 in the waters of this State and thus
4 proper suit WAS commenced in the Unite
States court TO test this injunction so a
to know what its meaning was.
Governor Albeit was too wise lawye
to permit such suit to oOuie to trial a
1 he would have no standing on this ii
junction issue outside of lteody island
: lilo therefore resorted 10 diplomacy an
+ invited Governor Stoekley and Attorne,
o General Payliter to meet him and hi
@ attorney-general, Stockton, in Philade
g phia, to see if compromise could not 1
2 had satisfactory 10 the fishermen of bot
j states. Before Governor Stockley IN
Attorney-General Paynter entered TIL
Y conference they were informed that III
e fishermen of this State wonld only col
/ sent to lteedy Island being tho head {
A the bay and for both states 10 fish Ii
d channel and New Jersey not to trespa,
west of the channel as buoyed by IL
y government The next morning aftt
/ this conference Governor Stockley n
O ported that Governor Albeit had accepte
q our proposition as fair and he hoped thel
would be no more trouble. But he fu
Their said that they had not definitely fixe
the head Of the bay but had no doubt
: would be Reedy Island and that NJ
l. Paynter and Mr.. Stockton would sett
n that satisfactorily.
# The next thing the fishermen heard WI
It that Attorney General Peynter, withol
3 authority of law and against the prot 81
O of the fishermen of this State, fixed n mo
j. important geographical point for I'll
4 government, making Cohansey creek,
: point never heard of by watermen or Il
. oldest inhabitants, as the head of the ba
!. instead of Reedy Island, thepoint that WI
~ to be his ultimatum. II he could NJ
!. gain that point he could have let Ne
q Jersey try her SUIT. The fishermen wouI
have been content.
Why fix Oohsnsey Greek when he hs
no authority in law to do 30. He kne
n beforehand that the fishermen would n
d accept it, and it only led to furth
e trouble. They will not abide by any SUE
= bungling es this. In fact our State office