Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1882-10-25
Gov. Cameron to Gov. Hamilton.


Governor Cameron has addressed letter
to Governor Hamilton, Of Maryland, regard
ing the arrest of eight Virginians bya Mary
land Police-boat for oyster fishing in the Po-
tomac. The Governor demands from the
Maryland authorities that existing compacts
between the States shall be observed.
The following is the full letter.
COMMONWEALTH OF VIRGINIA,
BOARD OF PUBLIC WORKS,
RICHMOND, Va, Oct. "a, 1882.
To lIm. T. Hamilton, Governor of Maryland:
Your ENcellcncy.-It has been reported to
this department that on Thursday, the 18th
of September, 1852, the Maryland Police
sloop Katie Hinds," Captain Smoot, arrest
ed eight citizens of Virginia whilst oysterng
off Rugged Point, in the Potomac river,
about three hundred yards from the Virginia
shore. The persons so arrested were con-
veyed to the Jail of St. Mary's county, Mary
land, at Leonardtown, and held to await
the action of the Circuit Court, whose ses-
sion began on Saturday, the 10Th of Septem-
Der. 1882
On the trial of the cause, Judge Ford, of
that Maryland circuit, very promptly, and
rs think, very properly, dismissed the pro-
secution on the ground that, under the COM
pact OF 1885, between the sovereignities of
Maryland and Virginia, any act passed by
either State to control fishing, &C., in the
waters of the Potomac between the two
States to have force and validity, must have
been adopted by the Legislatures of both
States.
III support of Judge Fords decision and to
emphasize the good faith in which Virginia
hnS Spnpht IN ont bn
and to preserve the immcmorial amity, be-
tween Maryland and herself, I would in
stance the opinion Of the Virginia Court of
Appeals Hendricks VS.. Commonwealth,
March 1882, V. R., vol. rs; Matt l, page
934) under which a citizen of Maryland
found fishing in the Virginia waters of the
Potomac and in violation of the compact
between the States Of Virginia and Mary
land, was held not liable to trial by the
courts of this Commonwealth, but could on
~ be tried in court of Maryland which had
cogniZance Of such offences.
AS it thus appears that the judiciary Of both
States agree upon construction and as to the
binding force of the treaty of 1855, which, by
| mutual consent, determined that when the citi-
zels of either State should he found fishing in the
waters Of the other the citizen of such State
should be entitled to Il trial in the forum of that
State 0fwhich he was a citizen" l feel justified
in approaching your EXcellency to ask that the
spirit nor letter Of the existent compact be cx-
cccded. The power of arrest of parties or persons
unlawinlly fishing in the waters of the Potomac
without doubt resides i'll the police of either State
whose jurisdiction may be Invaded but l earnest
~ request such action on the part of the Govern
ment of Maryland as will prevent hereafter the
preScntment, detention and trial before the courts
OF the State of Maryland of citizens of Virginia
charged with violation of the laws governing
Potomac fisheries. The Inconvenience, injustice
and actual wrong done by such procedure Though
the final verdict of the court be prompt and prop
| or, As i'll the case cited) need no demonstrations
trust this suggestion and the promise of full re-
cprocity will suffice to obtain the desired result
mutual observance by both States of all oblga-
tions to the other.
am, with respect ard regard, your obelicut
| servant
WILLIAM E. CAMERON Governor.