Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-02-17

Stan Correspondence Of Gazette and journal.
Dover, Feb. 10. The war between the
Delaware and New Jersey sturgeon fish.
ermen is the subject of much dis
cussinn here, and some OF the mem bers
Of the General Assembly have talked
about it informally. Should il be
necessary, there is possibility that
the Legislature may tass official cog
nizance of the controversy. II has besn
intimated, however, that the Legis.
lature will not take any action unless
advised to do SO by Gov. Tunnel. Up
to last night, as far as Secretary of
State Hughes knew, the Governor had
not been officially advised Of the exist
eDce Of any trouble.
Much has been said about the hound
aries Of Delaware fishing territory and
the rights Of Delaware fishermen. Ac-
cording to tho Revised Code, the
limits OF the State are declared to be
the divisional lines between it and
Maryland, run and marked by commits
aioners, and approved on the 18th day
of January. 1863; the circular line be.
tween it and Pennsylvania, surveyed
and marked in 1T0l, under a warrant
iHsued by William Penn in pursuance
OF the feotfment from the Duke of
York, dated August Gath, 1862. as the
same has been held, occupied and
recognized by the said States respect
lively, ever since that time; low water
mark on the eastern side of the river
Delaware. within tho 12mils circle
from New Castle: and the middle Of
the bay below said circle -
The Delaware Legislature adopted a
joint resolution on January Both, 1879,
providing for the appointment of three
commissioners to meet like number
of commissioners from New Jersey,
with power to consider and decide the
right of the citizens of Nav Jersey to
fish in that part of the waters Of tho
Delaware River within the limits OF the
Emile circle and eastward of tine chan
mel Of the river. Joseph p. Comegys,
William 6. Whiteley aud Edward l..
Martin were appointed commissioners
on the part of this State and subse.
quent to their appointment met the
New jersey commissioners. The cause
for this action was a dispute between
the fishermen of the two States. On the
18th of March, 1871, the General AS
sembly passed an act declaring it I'M
lawful for any person, not being citi-
zen of this State, to catch or take fish
of any kind in the Delaware BAY or
into the same. within the limits Of this
State. without first paying $50, for the
use OF the State. to the clerk of thu
peace for one of the counties, for an
annual license therefor. A supplement
to the act. passed ut the same session,
declared it also unlawful for any resi-
dent or citizen Of this State to catch
or take any shad, for tho purpose of
sale, 10 Delaware River or Bay, within
the limits of the State, without fret
paying 50 for an annual license there.
for, for the use OF the State The On.
forcemen' of these provisions by the ar
rest of citizens OF New Jersey engaged
in fishing within that portion of the
Delaware River lying within the r.
mile circle WAS promptly opposed by the
authorities of that State. with a claim
OF jurisdiction owe. the river east of
the middle line, and of the legal right
OF her citizens to fish on the New
Jersey side OF the river without the
license of Delaware, either within or
without the circle.
Shortly after the appointment OF the
Delaware commissioners, the Legisa-
ture of this State SUSPENDED ali laws
requiring a license TO fish for shad
within the waterH VI this State, mend
ing the negotiations between the com
missloners of the two States. All efforts
of the joint commissioners to reach A
satisfactory basis of definite settlement
of ths matter in controversy having
failed, it was finally agreed between
them that the comm ssioners from each
State should prepare and present to the
other written or printed statement Of
the title aud claim involved in the con
troversy OF each State, with the groundt
upon which the same were based, which
might lie reported by them to their 70
spective States. This, it is believed,
from tho best information obtainabe
was the result OF the conference. Ir
July, 1874, it has been learned, thu
commissioners from this State duly de
livered the statement asserting and vim
dicating the claim and title of Della
ware. According to Gov. John Z. Coch
rams message to the Legislature, datec
January I'd, 1877, there was no recurt
up to March 10Th, 1875. OF the New
jersey statement being filed here, which
was construed as an implied abandon
ment of their case and a tacit reln
punishment of their alleged claim of It'll
and jurisdiction. The General Assem-
bly, of this State accordingly, on thu
day, adopted joint resolution declar
ing that the commissioners on the par
of this State, having fully performer
their duty and reported the result O
their lahrTs, we're relieved of furthe
duties as such commissioners. nh
commissioners were paid $500 each 70
their services
The effect Of the General Assembly
resolution relieving the commissioner
was to terminate the negotiations an
revive the suspended license laws, o.
ssaaary Goth, 1877, the General Assem-
Nv passed joint resolution, which
hYter setting forth that 1.-THE Stat
elaine to own the bed and to have or
elusive jurisdiction taubject TO til
Constitution OF the United States an
the acts of Congress- made in pursuant
thereby over that portion OF the Dels
ware River which is included within
circle of IL miles radius, taking tb
Court House in the city of New CAST
as central point" and that it ba
officially come to the notice OF the Staj
officials that the Governor of Ne
Jersey had been authorized to cause
be instituted and prosecuted in til
United States Supreme Court suit j
equity against the State of Delawar,
to ascertain and settle the true teri
torial boundary Inns between the Stat,
and the extent of the Jurisdiction /
each OF the States in and on the Del,
ware River, directed tbs attorney. GEL
eral TO appear on behalf of the Sta
before the Supreme Court to defend Ii
suit. Ae was also authorized to en-
ploy additional counsel TO assist him
the work.
The contrnvaray ay,ona tt r.