Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-27
NEW JERSEY YS DELAWARE
A Long, standing Case to be
Settled Next Fall.
HAS BEEN PENDING TWENTY YEARS
Involves a Controversy Over
Fishing Rights.
Tho Clerk OF the United states Supreme
Court Directed to Notify Counsel That
the Matter wtlt ne Disposed OF nc tho
Term which Will Begin In october.

tho Matter VIII ne Disposed OF Mt tho
Term which Will Begin In october.
In an account OF the business OF the
United States Supreme Court at Wash
ington. which has adjourned until
October, appears the following para
graph;
''In the case of the State OF New
Jersey va. the State OF Delaware the
clerk OF the court was directed to
notify counsel that il will most likely
be disposed OF Mt tho next term. 1t
has been pending since 1877. 1t in
wolves controversy over fishing
rights. !"
To many persons the foregoing para.
graph will present an entirely new
piece OF information, for they did not
know such case was in existence and
even to those whose recollections are
strong and long 1t may not hiring up
the happenings OF that period. But
there are several persons In this city
who have more or lesa vivid i'm
preston of the events which led up to
the suit here mentioned, and two OF
them are Chief Justice Charles B.
Lore and Magistrate William ".
Pritchett.
Tho present Chief Justice was
attorney general OF the State from 1869
to 1874 and it was 10 that period that
the Delaware fishermen made vigorous
protest against Jerseymen fishing in
Delaware waters. Tile Jerseynen would
fish on the Delaware side of the stream
and may even have had more success
than the Delaware fishermen them
selves. The latter demanded that the
Jerseymen should pay license for
fishing 10 the Delaware waters. And
more than that it tEas claimed that
Delaware bad jurisdiction within the
l2.mile circle drawn from New Castle
which would have included section
OF the river TO the Jersey shore.
Finally, Mr.. Lore, as attorney
general, authorized Mr.. Pritchett,
then county constable. to charter a
tug and 90 oft 10 the Delaware and
arrest the trespassing Jerseymen. This
Constable Pritchett proceeded to do.
With eight or ten men he went out on
II tug in charge of Capt. Peacock. and
| when off Edge Moor began to overhaul
the Jersey fishermen. AS the tug came
up 10 each boat Constable Pritchett
ordered 1t tied up to the tug. BY the
time he bad made clean sweep OF the
river in that vicinity be had. as be
recollecis, IL boats and % men in
custody. Some OF the fishermen re.
manned in their boats and others came
aboard the tug. All hauled in their
nets and fish, and with the fleet of
fishing boats in tow. Capt. Peacock
turned his tug towards Wilmington.
Some OF the prisoners wanted Con-
stable Pritchett 10 stop at PENIS Grove
while they could 90 home to get the
money to pay their fines, but the con
stable wasn't taking any risks like that
and brought them all TO this port.
| Here they were marched to Magistrate
John II. Poole's Office, No. 305 Shipley
street, where they agreed with Attorney
General Lore to pay the license fee for
fishing and the costs Of the tug and of
Constable Pritchett's squad. They were
then released. For his work ut that
time Mr.. Pritchett was dubbed Com
modore.'
That was the start OF most interest.
ing chain of events. The people of New
Jersey were wrought to the highes,
pitch Of anger by the capture of their
| citizens. Retaliatory measures were al
once put into effect. The Governor oil
New Jersey issued proclamation nro.
hibiting fishing by ntpl-residsnts on
tho Jersey side of the Delaware channel.
Why. Jersey talked about coming
over here and sinking us, said Chiei
Justice Lore. 10 discussing those ex.
citing times last night.
In order to see what could be done q
conference was held by tho attorney
general of New Jersey and the attorney
| sol 81 Hall k.,N III
ing the breach between the two Statea.
| The feeling ran so high that some
time afterwRru when Cant. Peacock
was in New jersey be was thrown into
| Jail. lie was bailed out by William ii,
Lambson and Passmore II. Mitchell.
He was also assaulted by resident OF
this city who was friend Of some Of
the Jerseymen who had been arrested.
The man who committed the assault
went quietly before a magistrate, made
a statement and was fined a nominal
sum without the captain being sum
moned as witness. That act resulted
in the change of the law through
the efforts OF Attorney General Lore,
whereby magistrate was forbidden
to settle case on hearing the de-
PENDANT but must hear the story OF the
aggrieved person.
The conference between the attorney
generals having come to naught, the
trouble came before the Legislatures
of the two States and each appointed a
commission on the subject. For Della
ware the commissioners wsre William
G. Whitley of New Castle, Joseph p.
Comegys of Kent and Edward L,
Martin OF Sussex. They patched up a
temporary truce which was to continue
until the trouble was settled, and an
amicable action was docketed and that
case was taken up to the Supre ne
Court for determination. But the de.
cision has never been rendered. Such
is Chief Justice Lore's recollection OF
how the matter reached the highest
court in the land, where it still re
mains.