The Penn's Grove record., 1886-05-29
rs.b OnI, in YOur Own State.

E taH Ig.- laG b.aC. bands around them
.lrI Ilack rose,tcs at the top. S. &.
s aE
Fish Only in EOur Own State.
For many years there has been a
contest over the fishing privileges in
Itie Delaware river between the states
or Pennsyhanb,, New Jersey and Dela-
ware. IN. last named State having pass
ed slring-n. laws to prohibit citizens
of Pennsylvania from catching fish
across the State line. a bill ogive all
citizens Of all states the right to fish in
all waters bordering on amy State was
introduced 10y Eyerlart of Chester
and sent to the committee on COM
mcrcc. That committee declined to
consider the question and sent it to the
/ committee OH judiciary, who have fin
! ally reported adversely to it, no reasons
ever having been given why it should
be passed, Their report is elaborate,
and is rs follows:
Tile proposed bill would give by act
Of Congress to the citizens of the sew
eral states Of the Union equal right
with the citizens of each State to fish
in the navigable waters and lakes OF
the latter. The question involved de-
pends IN the title to the waters aud
lakes referttd to. For purposes Of navi-
CATION they are free toall the citizens of
tie several states alike, and the power
of Congress to regulate commerce be-
tween the States includes the right to
prevent any hostile Legislation by airy
state against tbe equal rights with its
own citizens of the citizens of all the
ether states, or it is forbidden by the
clause Of the constitution, which gives
to the citizens Of each State the priyil-
eyes and immunitie3 of citizens in the
several states,
II hag been settled by the highest
authority in the English courts that
ever since Magma Charta, tie crown
cannot grant to a subjecta several fish
cry in an ann OF the sea or in nuyigable
waters, bat that all such waters and
ta,beds thereof are yestedin tie crown
for tie benefit Of the subject thereof,
and not to be used in any manner to
dcro2atc from the right of navigation,
which belongs to the subjects of the
realm.
In this country, by a series Of dec.s
ions. the Supreme Court of the Unit
ed States las settled the Law in accor-
dance with the English Courts; that
upon the revolution the rights of the
crown in nayigable waters, and inclu-
slye OF arms Of the sea, deyolyed upon
each state as to all such waters within
the territory of each of them.
The same doctrine las maintained
as to new States as well as to the ORR
ginal states, and the right of the state
fixed to all the beds Of the rivers below
high water mark. In Smith VS.. state
of Maryland the right OF the state OF
Maryland to the shell fish and floating
fish in Chesapeake Bay was established
as The sovereign right of the common
wealth deyolyed upon her from the
crown at the revolution, IL right which
she could control without violation Of
the constitution by such regulations as
were needful to secure this public
right without interfering with the naVI-
cation of the waters. Mr.. Justice
Curtis delivering the unanimous opin-
ion of the Court.
The unanimous judgment of the
court was delivered by Mr.. Chief JUS
tiee Waite, by which the the right Of
Virginia to use and appropriate the
navigable waters Of Virginia for the
benefit of her own people for the taking
and ~cUltiyating of fish, as a property
right, and not as privilege or immuni-
ty of citizenship, is established,
though thereby the citizens of other
states are excluded from the same
rights. The right is one of property
in the citizens Of Virginia, and not "a
privilege OF immunity of citizenship.
1t is true the last decision, though in
the opinion made to apply as well to
floating fish as to shell fish; but your
committee see. no reason why the prih-
ciple of these decisions should not APP
ply to both.
Your committee, therefore, being OF
opinion that the navigalle waters with
in the State belong TO it, subject to the
paramount right of navigation for the
benefit of its own people, it has b
right to secure the exclusive right OF
of fishing III them 10 its W citizens
by virtue of their common property N
said waters, and that the citizens OF
other states have no constitutional
right, nor can Congress confer any, to
participate in fishing in them.
Your committee recommends that
the bill referred to lie on the table,
The following is the full text Of the
EyerAalt bill which has been reported
adversely in Congress;
A ELL
To eQualiza the right Of fishing IN
the H~ayigaula waters of the U nited
States which border on any state or
Territory.
BE IT ENACTED by the Senate and
House Of representatives OF the U. 5.
of America in Congress assembled
THAT lie citizens of each State shall
have equal rights with the citizens OF
the several Safes of fishing for Il ating
fish IN AL uayigAbio Lakes bordering on
any state Territory, and al other
nayigable waters OF she y. 81 which
border ON any STATE o. Territory in
which tIA tiln. .lJ., o,I nn,Nc