Submitted by Jim King, Feb 21, 2008 08:50

The highest court in the state has ruled that the Barclays have maintained a property right given by the state when the state sold the land that has become known as Macombs Purchase. This right belongs to anyone else who owns land in parts of Franklin, St. Lawrence, Jefferson and Oswego County. What the state did not give up was the mineral rights to gold and silver, and the inherent right of people to use navigable waters for transportation only. Since when is it wrong to protect your propety in this nation by going to court? After all the defendant's stayed in court to protect what they thought were their rights, didn't they? So as I see it the only difference is the losers won't accept the law that applies to everyone.

Second, although the hatchery was built at the instance of the senior Barclay, the fish don't stay only in his part of the river, they migrate. There is alot of river for fishing, and the fish, when they are not in the river, are in Lake Ontario. The hatchery was built before the Barclays won the lawsuit, not after so there is no cause-and-effect. Compare the law regarding hunting migratory birds. The birds belong to all the people, but all the people do not have the right to go on someone's property to hunt them just because the birds happen to be there at that particular moment. Migratory birds have corridors they travel through, just like fish have water. No one would seriously state that because my neighbor own land that the birds routinely fly over, that I have the right to trespass on his property because it is more convenient for me to get what I think should be mine.

If Aubertine and his fishing guide allies are against property rights just say so. I don't think Aubertine is against property rights, he was a farmer, and unless he has converted, farmers always believe in property rights. Aubertine should know this is a BIG non issue, its a political salmon transformed into a red herring.

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