THE FISHEEIES OF DELAWARE RIVER IN 1837. 657 



of their respective States, and amongst others of the fisheries. For while they are compelled to 

 pay heavy taxes into the State treasury, in common with other real property, and are subjected to 

 several onerous restrictions, which have been artfully imposed upon them upon the ground of 

 preserving the breed of fish, they have been so far neglected by their legal guardians that the 

 river has of late been virtually thrown open to common right, and a class of outlaws men without 

 a local habitation or a name are now enjoying privileges and rights, without the shadow of 

 benefit to the respective States, which laws and usages from time immemorial had secured to the 

 riparian proprietor. 



"I allude to the gill-net fishermen, who have literally taken forcible possession of the river 

 Delaware under the plea of its being a common highway, and have virtually dispossessed the 

 lawful owners of the fisheries of property which they considered as secure and as much their 

 own as their farms. 



" The several rights of fishery had been the fruitful source of litigation in this country from an 

 early period of its history, but it had been so long recognized by legislative enactments and con- 

 firmed by the decisions of the highest judicial tribunals that the question seemed to be finally and 

 incontrovertibly settled. This right, too, seemed to be effectually secured to the riparian pro- 

 prietor, by the circumstance that it was necessary in order to its enjoyment that a foothold should 

 be had on shore, whereon to manage the seine and secure its contents. This, of course, would 

 subject any person who attempted to encroach on the fishing rights of another to an action of 

 trespass, and consequently operated as an effectual protection. 



"But the ingenuity of man, ever ready to evade restrictions that clash with his interest, has 

 devised a mode of fishing by which all connection with the shore is rendered unnecessary, and 

 which, although prohibited by statutory enactments, he is able to practice in utter disregard of 

 law or authority. By this method the net is so constructed as to enlarge or to ' mesh,' as it is 

 technically said, and not to inclose the shad, as is the case with the regular shore nets already 

 described. 



"The seine used by these freebooters is formed with meshes so large that fish are permitted to 

 pass their heads through, and on attempting to retreat they become entangled by the gills. 



"The twine, too, of which the nets are made, is so fine that il is not perceived by the fish until 

 his head is in the toil anl it is too late to escape. The nets are kept extended by means of a 

 small boat at each end across the main channels, and thus extended they are permitted to drift 

 for miles until they have become loaded, when they are taken into the boats, the fish secured, and 

 they are again stretched off in the river as before. 



"These contrivances are hence denominated drift-nets, or gilling-seines, and although pro- 

 hibited by law, yet so lame are its provisions that it is morally impossible to enforce it, except in 

 cases where the name of the offender can be obtained. 



"These marauders, therefore, emboldened by the impunity with which they are enabled t<> 

 carry on their predatory operations, have increased to such an extent as already greatly to 

 depreciate the shore fisheries, and if not checked they must ere long render them worthless." 

 SEC. v 42 



