Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1882-11-02
The Fishery Question.

Governor Hamilton, Of Maryland, has ad-
dressed the following letter to Governor
Cameron, of Virginia. in response 10 the lat
ter's letter Of October 81:
i have the honor to acknowledge the re-
ccipt OF your letter of October 81. rcmcm-
her that Hendricks, Il citizen Of MARYLAND,
was arrested by the police of Virginia upon
The charge of unlawfully fishing in the Po-
tomac river: that lie was convicted OF the
alleged offence in Fairfax County Court
and that upon his appeal to the Court of
Appeals OF Virginia, the Judgment of the
Fairfax County Court was reversed on the
ground that, under the compact of 1875 be-
| tween the States of Virginia and Maryland,
MS offence was not cognizablc in criminal
court i'll the State of Virginia know also
that certain citizens ofNirgina were recent
~ arrested by the State fishery force of Ma
ryland, charged with unlawfuly fishing i'm
the Potomac river, and were, upon exami-
nation of the case by one of the Judges of
the Circuit Court of the Seventh judicialcir-
cult of this State, discharged from custody
upon the ground, as understand that the
Maryland act of 1882, chapter 39l, un-
der which they were prosecuted, had not
been enacted with the mutual consent and
appreciation of the States Of Virginia and
Maryland, as required by the terms OF the
compact Of 1855. The compact Of 1855 was
therefore, enforced in each case in Virginia
and III Maryland. This compact was made
befnre the adoption of the constitution of
the United States. 1t was modified to some
extent by the provisions of that instrument.
The compact, as thus modified, has never
been finally interpreted. Virginia and Ma
ryland, when they agreed in 1871 to submit
the determination of the boundary line be-
tween the two States to arbitration, left
open all other questions arising under the
compact of 1855. because each provides that
neither OF the States. nor the citizens there
of, should be deprived, by the decision of
the arbitrator, of any of the rights or priv
ieges enumerated in the compact of 1855.
but that these should be enjoyed hy the
respective States and the citizens thereof
forever. Under these circumstances, il
seems to me that to prevent an injurious
conflict of authority in the future, it is adj
visible that the earliest occasion should be
awaited of to obtain the opinion of the SUI
preme Court of the United States upon the
present scope of the compact of17S5. re-
spectluily submit this suggestion for your
consideration.
avail myself of this OCCASION to remind Won
OF 4 matter germanc to the subject The
award of the arbtrators, determining the true
boundary between Virginia and MARYLAND, was
made in 1877. 1t has been ratified by the leesla
lures of respective States. and the consent Of
the Congress of the United States has been given
to that award and to the agreement expressed bv
its ratification. 1t is now necessary that the
boundary defined by the award should be survey
ed and marked by the necessary durable monu- |
ments where it is practicable to erect them. | |
have, in accordance with the terms of the Mary |
land act of 1882, chapter $50, requested the Sec |
rotary Of Wax to detail one or more engineer OIL
GERS to attend upon the commissioners appointed
by our respective States, and to aid in making the
survey and in marking the new boundary line by
proper monuments. understand from the Secre |
tary Of War that proper engineer officer will be
detailed to perform this duty, if you will, on the |
part OF the State Of Virginia, unite in the applica
ton. beg leave 10 express the hope that Won |
will do So"