THE FISHERIES 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. : 
“T 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 it is not perceived by the fish until 
his head is in the toil an1 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 to 
carry on their predatory operations, have increased to such an extent as already greatly to 
depreciate the shore fisheies, and if not checked they must ere long render them worthless.” 
SEO. V——42 
