The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-10-12

---r VIRGINIA OYsTER-LAW.
>., or TuEUNITED STATES CIR
j '%~ ',.,r corET, DECLARES IT uScoS-
>r,1rfloNAL SO FAR AS ircoA-
rrgSs NoN-REs!DENTs.

,-ni,.d States Circuit Court Satur-
!" s,a, %" Ilueh l.. Bond delivered the ioi-
Gsy "u'-r ,;,,,,,r,snt opinion upon the conSu'
.o"'b- ,, ,'-,' ~ that portion of the oyster-ta"
tl,''"@'' l,''.f.r. ~ ucn-reSidentS Of the State.
"2'" "2., ~ Y NcCrcady, a citizen OF the state
,&",, ,,.,t ;> held 10 answer in the County
a Nh i.,o,,cc,tcr county, in this district,
''M' W. W. ;ntfrtment found by the grand jury
N,'' 49, n,nniy in the words following !:
d. ."'. s.,l,v,. The indictment This !ndict-
,i!... ..:,,r6ei upon section - OF chapter
";o. Acts OF ivA>>emoiy EMU en''..ea ana ,n ~
a- ,.r preservation OF oysters anu u
Sc, Sc. ,.,, - r,,nuc for the privilege OF taxing
"., %,,., o,.tIn the waters oil The Common
..',.n (which i IL follows:
W.. -. .,,y p2r>on other than citizen OF TINS
i,rf ,lkr or catch oysters or other
-, 49, ~ any manner. or plant oysters In
>.'H .r. thereof. or in the'riverS Potomac
..S ".. o'...,.k,, he Sball forfeit five hundred
g ami the vessel, tackle, and appur-
".''. ..,. aad any nonresident shall be
~.', - have violated this section who
~ .'rng oysters purchased by him tor
s,''' .'.g ,,i,i ont a> purchased, to remain so
>',3 .s..,,r more than sixty days"
".I, ~ ,t.,~.u hi, release McCready has petit
..t.i.i, ronrt for The writ of hdbeaS cor
49,, which was granted him. and be now
'f,.,., lj> discharge because, as ne alleges,
t...,-rp.. i in violation OF the 4th artlcie OF
~, G,r.,i;ution OF the United States, which
.-,,.,.l.s that The citizens OF each State shall
i.n.,.'ol 10 all privileges and lmmuhlties
~ 1,,zar> in the several States.
:" -. rcd on the part of the Attorney
,.,.-,,. that the right TO catch or plant oys-
-, !. neither privilege nor al immunity
.r.,t;n .n., meaning Of the Constitution OF
,,.i.nirri STATES; aud that even II 1t were,
.+.,,..,fapcr must seek his redress in the
>...,r,u~t. where, il this point be decided
.~,in,, him, he may have an appeal TO the
>7.rr~,r. court, ard that this court has no
,'..,lfr,i1u on haJcds corpus TO release him.
irr,, IA ,.l.ch and plant oysters Is the
n~.y;la.r IL TIE citizens OF the state OF ff-
.ir,, !. manifest from the first section OF
rfr,r,.r ~, which declares and provides ::
All The bids Of the bays, rivers, ana creeks,
.rf IN. ,,,orcs OF the sea within the lurisdic-
.,r n this Commonwealth, shall continue
am remain the property Of the Common
y,a,b, and may be used as q common by
.H ,b. proplc OF the State for the purpose OF
-a.;r. and fowling. and Of taking and
rtrJ..r oysters, Sc The State of Vir-
.-rrI. .i,r- declaring the beds of the bays
sgG river, her property, might have. pro-
Lt,sd bgr citizens from taking and catch
in. oy,tar>. and it would not have been
.wn.l soto do. When, having that property,
..r declares that all her people may take
,tym under prescribed conditions, she
Grants t!Icrn right and the privilege OF so
G1iug.
IEat such was the understanding of the
GENERAL Assembly is manifest from the title
q, tgc act Which calls it privilege, and from
.Au caption Of section 8, which determines
via, residents shall pay for the privilege"
From this privilege, common 70 All cltiZens
O Nir-iuil, all non-reSidents are eNc'uoed.
Nuprovi>ion is made for their payment OF
iae Tx demanded OF the citizens of virginia,
aogo. higher rate. They are denied the
Elyt-e entirely. -,
Il Me case of Paul Is. Virginia e WalD,
IN conNnru,ing on this clause OF the fourth
a,;tr.e Of the Constitution of the United
states. Mr.. Justice Field says: "lt was un-
doao.vd!v the object OF the clause IN ques-
'jycio place the citizens of each State upon
Tie sane footing with citizens OF other States,
- ilr ~ the advantages resulting from clti-
zel>Aip in those States are concerned. 1t re-
air> them from the disability of alienage
IL other States"
Il ,Ai> We're the object of the clause, as it
undoubtedly was, the act Of Assembly OF
Virginia under consideration has an entirely
different aud contrary object, for il fastens
Tie disability OF alienage upon non-residentS,
md places them on different footing en-
ij!,jy from the citizens of Virginia.
The Hct is manlieStly unconstitutional so
fer aS Il concerns non-residentS ; and 1t only
lriuains 10 inquire whether or not the petI-
toner i entitled in this court to the writ OF
ha1.G$ corpus.
By the act approved February 5, 1867, au-
,Louly j. given to the several courts and JUS.
lie, Of the United States to grant wrItS OF
ha'.a$ corpus in all cases where any person
!, Sustained Of his liberty in violation OF the
Constitution of the United States. Having
found That the act Of Assembly of Virginia,
e. 'j,lue of which the petitioner is detained
II cl.,pCy, i in violation Of the clause OF The
io",I .c,iclc above quoted, it remains only
i; H. r'art TO give him the benefit of the
"I'' ADA to order his discharge; which is ae'
evt4tosy done.