Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1882-06-08

II
Mesns. E1iiors Tin youF editorial o. {
sseriminai masssrn." relating % the arrest 81
Hsxriuon E.swis and Geo. " Han, residents ]
a. Aecomae eounty, Va, charged with viola-
Ding shs Late lxw b dredging or oyssers n !
ths potomae river, NE noticed the followiHs 1
rsfsrsncs 10 the position taken b. The State
g Il was contenlea On The part q the State,
ss-thns ogssers wcrs not included ID the word
g 6ah, 7 aud this only.
We we're present on this occasion and L.
tened atasntively 10 the arguments, pro and
con, and do not believe the editorial in qnes-
tioa did justice to our present able and sia-
eicnt States Attorney.
While we regard the article IN the light Of
: reflection upon Mr. Hammett, we entirely
sxheueraas you. Messrs Editors. nom any IN
sension OF wish % present the matter uniAirly |
| or cast any rshsetIon upon him whom al |
must regard In the light Of true. faithful and |
} efficient officer.
The proof in the case being clear, and the
actEal guilt Of the travcrserB being established
thereby, the States Attorney, Mr.. Hammsst
waived his right 20 open the case, anu replied
"a fha arguments OF thn counsel fortha accused
Z Isl. He rontended that u was nos The true
Y shirt and intention Of the compact Of lTs5,
making the Potomac river common % Mary
9 land and Virginia Cor fishing purposes, 70 Ia
8 ande oysters, the shad and herring fisheries
= being af that time very valuable and the oys-
Ter trade comparativeiy valueiez.
ard. Admitting that the compact lnciuqed
oysters Is well as iish, then, be argued. tnes
ia compact was cancelled and SET aside, In
r fact fendered null and void by the adoption
a. the Constitution two years later, ~ 1881,
DO which provides that no State SHALL without
~ the consent Of Congress, enter into any agFee-
% lmen8 or compact win another STATE elc.-
~ that The Constitution being sbe snpreme -
M 81 the land was higher and paramount 70 an
ties state law or interstate treaty, and that TIM
pt compact, being against the spirit Of me Con
81 stitution, fell by It's adoption.
al ~. He further argued, that a Justice o
fty tho Peace. deriving bis authority and powe
Of 10 try the case from the very words OF the &C
w. itself, bad no right no declare SAD aet lnoPe
7 alive and void, and that the act Of 1882 pro
Ter, hikising the taking and catching Of oysters
Fer. he Potomac river below Blaekistone's Islam
lot wflhout license, having been PASSED by 10
She Ipriulnture Of MARYLAND In It's sovereign G
yet nscitv. and being baaed upon The Az
on black aud Jenkins, giving 20 Maryland u
land covered BY the waters o. the t.otonas
- rfw~r. a. Gar a. low water mark on the w
aMMt
: !" M the ease and could only be declared y
10 operative and void by q Court q higher az
on | eomuetent jurisdiction, even should the pr
moi visions Of the old compact Of lIss nov optai
-. The counsel for the acenssd ncssFs. Cont
YIN Caualier & Ateli, made ingenious snd az
lage arguments, particularly NJ. Comps "
vas. made one al the moat lucid aRd exhaueslse :
! !. rnmenas We ever listened to from h.la 81
: " eonfeud,nR for those points which called io'
WIN ths argument q the States Attorney asfoo
over given -
Her Ths ease being sally sifted BY eoanssl =
- tee Morgan held the matter under con#ae
$3.50 tioh untsl the next morning ~ 1o ncicek,
aigy-l which time ne repaired 70 the Registers
The -. srhefB, IN the presence 81 cnnnsal and
ensed, h delivered bis cpinian. subssapsla
Haste : 49, go decides. tn cQnpael ehss
4gesi Enen hefmeen MARYLAND and virginia 4
50 bindlue, bat apart from ms me SouIs
49,, deeides thar = Law uP.en elses g. q ~ 81.
soA< lrakls concnrf1Ef juFi8aiction With sHe Aao
.fs.et s. eks Circuit couria in such cases, also 8
.siess Il tllern the same power and right = de'
.oe.s wlesher or not The act iiselfis inopsEaslse
rus Tskine slis view Of the ease, and bslle'
and sss al III 1850 not 70 be lar, he decided
Is narales shonlA he discharged.
pIish- Although we do not concur IN the necl
Miss ~ the Justice M TO his Eight % defeEz
anon the Conslitutionality Of the law u
ceon- - AZ moi wish Tor moment 70 cal In q
M % sion the wisdom Of his decision. The .
sieces dencv we have in his Judgment discretion
much legal ability forces the eonsleso1 ma !.
e Ball g fgns e sonh, ~ we rerssa is =
ere er rernns feature that Justices Of the Peace,
,nneuss ferive their authority hy and under tie
!. .ou- should be clothed with power 70 asser
whether Il is Iaw or not.
> given We are sorry to admit that IN our op
aent in .he Act Of 1855, when fully tested vii !
lie the 70 be nullity bus me question = :. ss
for The srest g may g o.. ~, sf. r,ssr reason
cur opinicn your editorial placed orr :
ATTORNEY In an unfavorable light we
vou win give place % our eommunaes
-. i which we have endeavored 20 make = ~
- ~ = t''''' = t''' Llsrsxl