The Penn's Grove record., 1907-04-19
Delaware jersey Fish War Ended.
A History of The Thirty Year Suit.

Tile Injunction suit of New jersey
against Delaware in the United Statei
Supreme Court restraining the Officials
of Delaware from arrestlng New Jersey
fishermen who fish anywhere i'll the Del.
aware river within twelve miles OF New
Castle. was taken from the Court docket
in Washington last Monday, thus ending
the oldest case before the Court and end
ing a dispute between Delaware and New
Jersey which dates back to the first juris-
diction of the English on the Delaware
river.
This Injunction was laid on Delaware
in 1877, since which time II generation
has died and another has been born,
while but few then living knew the case
grew out OF Delaware Fish Wardens ar
resting Penn's Grove shad fishermen for
not paving a license to Delaware for the
privilege of fishing easterly OF the middle
of the river channel, a common II I'M
disputed right all Jersey fishermen ELI
joyed since their settlement OIL the Della
ware until Delaware Wardens seized
eleven rowboats, eleven fishing nets and
TWENTY-FIVE men on May 2, 1872, because
they had not paid a license fee OF $50 to
Delaware for the privilege of fishing, UNI
der a law passed by the Delaware Legis-
lature in 1871. Among those arrested
were Jacob Sailor, George Stanton and Job
Barber, of PeDn's Grove.
The twenty two men were taken to
Wilmington before the Prosecuting At
torney. Rather then 60 to Jail they took
out eleven licenses, one for each boat,
SPOTS and paid the costs OF the arrests
$50.
On May s, 1872, Joel Jarker, Governor,
issued a proclamation, proclalmlng that
New jersey claims jurisdiction e~asterly of
the middle line, that all who conform to
the laws of New Jersey have the right to
fish there, warned all persons not to ar
rest without legal authority from New
Jersey; and exhorted persons to submit
without violence in case OF illegal arrest.
Governor Parker asked the Governor of
! Delaware to have the dispute settled by
legal proceedings. In the winter OF 1873
the legislature OF both States adopted
resolutions and appointed three commits
siOners each. Delaware suspended the
law pending negotiations. The ccmmls-
sioners never came to All agreement. Del
aware withdrew her commissioner In
1875, and in March 1876, notice was
given that all who engage in fishing on
the Delaware river must procure a license.
The New Jersey Legislature passed a
resolution authorizing a suit IN the United
States Supreme Court to determine the
boundary line. A writ was served on John
2. Cochran, Governor OF Delaware, and
the injunction was issued against Della
ware March 81, 1877, restraining that
State from enforcing the license law until
tn esuit was settled. The case rested and
alkfished where they pleased.
NLree 7Arltgo the Court called the
States for a trial. A commissioner was
appointed who took testimony, Then
each State appointed three commissioners
who decided upon a compact to glyesach
State a Common right OF fishery under
coHcurreW laws The compact has been
ratified by the Legislatures of both States
and by G Co.., h1"fe t1e %1g!t Nyx ss
Dr1AwARk'IC1A1M
is based on the alleged letters patent said
to bear date March %, 1858, that Charles
H., king of England, did grant to his
brother, Duke of York, afterwards
James H. ':!The town of New CASTLE
otherwise called Delaware, and fort there
in or thereunto belonging, situate, lying
and being between Maryland and New
Jersey, in America, and all that tract OF
land wing within the compass or circle of
twelve miles above the said town. situate,
living or being upon the river Delaware
and the said river and the soil thereof,
living north of the southernmost part OF
Twelve miles about said town.
The line extended for a considerable
distance into New Jersey. Delaware
abandoned CLAIM, to New Jersey fer
ritnry ht1t inSiCta1 nnnn nric1iatinn