The Penn's Grove record., 1903-03-06
The 12-Mile Circle Dispute.


The 3O-year dispute wei the jurisdic-
ton Of the fishing rights in the Delaware
River within q limit Of the 12-mile circle
from New Castle should be settled amic-
ably for the best interest Of all. The leg
islature Of Delaware has appointed Coy
ernor HUM, Attorney General Ward and
Geo. H. Bates to meet Gov. Murphy,
Attorney General M cCarter and Clerk in
Chancery Edw. G. Stokes who have been
appointed by the legislature Of New Jer-
sey, and settle the long dispute.
It should not be difficult to come to a
mutual agreement beneficial to the ish-
ermen Of both states, by dropping unjust
selfish interests. The first consideration
should be section 2, of article 4 Of the U.
S. Constitution which reads as follows:
1.-THE citizens of each State shall be en-
titled to all privileges and immunities Of
citizens in the several states"
Original grants and boundaries of lands
in this country were very indefinite and
at this date, are hard to find, or prove.
It is as hard for Delaware to prove her
jurisdiction to all the Delaware river to
the Jersey shore by patent rights, grants
or deeds as it is for New Jersey to dis
prove it.
Possession is claimed to be nine points
in law. For two hundred years previous
to 1871, the rights to fish in the Delaware
was not disputed by any one, and should
never be disputed if one keeps in mind
that clause of the constitution which
guarantees the same rights to the citizens
of other states the same as to its own
citizens.
There car be no private ownership in
migratory fish, and the idea of laws in
such cases have been or should be to
COMPEL citizens to observe the Sabbath
and to protect the food fish supply by a
close season.
Delaware has a system of laws requir-
ing a license fee to be paid for the priv
ilege of engaging in various enterprises. In
1871 Delaware enacted a law requiring a
license fee of S. from each resident and
$40 from each nonresident. Any one
can see such a law was unconstitutional
by comparing it with the above section
of the U. S. Constitution. AS Delaware
fishermen admit it is impossible for a
man to keep to one side of the river in
fishing, such a law should never have
been enacted, but for the greed and jeal-
ousy to monopolize all the fishing rights
to which privileges the citizens of the
several states should be entitled.
The arrest two or three years ago of
Delaware City sturgeon fishermen by
New Jersey Wardens was made because
Of the violation of the Sunday or close
season law. 1t was not because of any
animosity but because Delawareans
should have all the privileges but no
more than New Jersey fishermen. Only
greed to get what was denied others; on
ly a disregard of the laws of God, who
put the fish in the water, and the laws
of man who wish to observe the laws OF
God and protect the food fish supply, led
the Delawareans to fish and become LA
BILE to arrest, a few years ago.
On the other hand the arrest of New
Jersey fishermen in 1872, 1877, 1885 and
1887 were made by Delaware authorities
on the law which denied New Jersey
fishermen the same privileges as citizens
Of that state.
The old claim of Delaware under grants
of over 200 years ago by King Charles II.
The Duke of York, or William Penn,
the original of which cannot be produced
and are very indefinite, should be waiv-
ed aside, because:
1. The Delaware river is q. S. waters.
2. Fish are migratory and there is no
personal property right in them until
caught.
3. The U. S. Constitution guarantees
to the citizens of each state the privileges
and immunities of the several states.
4. Because these common fishing
rights have been enjoyed by all citizens
for 240 years.
A BASIS OF AGREEMENT
should be made with the above recited
section of the U. S. Constitution in view,
and also the rights which have been en-
joyed by all for 240 years, except when
molested by Delaware authorities.
l. All citizens of the United States
should enjoy the privilege of fishing in
the waters of Delaware river and bay,
and all be subject to the same. laws in re-
CARDS to Sabbath observance and a close
season.
2. All laws respecting the Sabbath
and a close season should be only by
concurrent legislation between New Jer-
sey, Delaware and Pennsylvania.
3. Appropriations should be made by
all three states for the propagation of
such fish as are desirable to keep up tie
food fish supply.
A. New Jersey fish wardens should
have the right to arrest any fishermen
violating the concurrent laws, in the
eastern channel or in the eastern side Of
the single channel from the New York
State line to the jetty light at the mouth
of Christiana Creek. Below the jetty
light the New Jersey wardens should
have jurisdiction to the eastward of the
government light house range lights and
Delaware to the westward of the ranges.
Delaware has been derelict in having
wardens appointed to see that Sunday
and close season laws are observed, and
have left their fishermen to be a law un-
to themselves, to some extent, to the de-
riment of other fishermen and the fish
ing industry. Where Pennsylvania and
Delaware fail to have wardens appointed
and act there should be mutual agree
ments between the states that New Jer-
49,