The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-12-01
MARYLAND VERSUS VIRGINIA.
Governor lee Determined TO Uphold the
Law OF tirginis-An lie Axis 10 Full
- entx teAar9ue.


Governor Lee Determined to Upso'a the
Law OF virginis-An He Asks 10 run
and faif Bearins.
The sta,e OF affairs between the States Of
VIRGINIA and Maryland is developing into
serious proportions. The cause OF the trou-
HE IL a question OF authority over the Hog
Island fats, joining the boundary line be.
tween Virginia and Maryland.
Governor jackson, Governor Of Maryland,
nulhicIy proclaimed that the flats were
opened to Maryland 0ysternen for dredging
piirposcs. in direct violation Of the law en-.
acted by the Geiietal Assembly Of Virginia,
which leased the flats TO Mf. Lewis. who
has eYpeu,.ed great amount Of n,oiies
planting and cultiya.in. oysters on them.
As already announced lii this paper,
Governor. JacksOn's proclamation resulted
last Wednesday in a Maryland boat being
sunk by boat commanded by COMMITS
riOned officer OF Virginia, and in the arrest
Of a number Of other oyster pirates.
APPtAt FOR THE LAWS PROTECTION.
The following telegram was yesterday It.
ceised by Governor Lee from Mrs NJ. i.
Smith. the commonwealth attorney of
Northumberland county:
IIEATHvrLLE, VA, Nov. ~, 1889.
Goreraor Fn,ha9h lee, Richmond;
The boats dredging ON Hog leland yester-
day were. with the assistance OF captain
seth Foster. arrested. and at the Justice ?
trial tn captain testified that Foster toid
them TO act under Governor Jackson's pro-
clamatiOn. IL was said in the presence 0l
Foster. who said that il he had IL 10 do over
again he would not make the arrest. tpon
this statement the justice discharged the
prisoners. Under this decision all OF the
dredgers are likely 10 he on Lewis reserNa-
ton on Monday. Foster saws he has not re-
ceiyed instructions from YOU in regard &c
Hog Island. Won't yOl. under these cir
cumstances. telegraph Foster and Captain
W. :. Russell 10 see that Lewis is protect
ed. Notwithstanding the action Of Governor
Jackson. NJ. L. SMITH.
Attorney for the Commonwealth.
GOVERNOR LEES INSTRUCTIONS.
Upon the receipt Of this telegram Cover
nor Lee sent the following instructions 4
Captain Foster:
" Captain Foster, Commanding STATE
steamer Chesapeake, Norfolk, Id.;
"Mr. Lewis enjoys certain rights undol
the law Of This state. IL is my duty TO Set
that such law il executed. You are in
structed therefore to fully protect Dir. Lewis
in his rights.
Tie law Of one State cannot be repealed
by the proclamation Of the Governor o.
another.
"FITZHUGH LEE"
LETTER FROM GOVERNOR LEE TO COVER
nor JACKSON.
Governor Lee also sent the following let
ter TO Governor Jackson, Of Maryland:
COMMONWEALTH or VIRGINIA,
GOVERNORS OFFICE,
RICHMOND, VA, November -, 's9.
TO His Ercciency Eiihu T.. Jackson
G0rernor Of MdiyioHd, AnRdpoiis
Nd:
Ny Dear Sir-It having been brought L
my attention that yOu had by public
proclamation declared Hog Island nat'
oren to MARYLAND and Virginia 0ystermef
for dredging purposes, and thinking tina
such action on your part was precipitat'
aud likely 10 lead 10 conflict between tb,
authorities OF Maryland and Virginia,
wired YOU requesting you 10 take no actor
until could be heard from. Since then
have learned that my fears were wei
founded, ~ is shown by the unfortunate o.
currence OF the day before Yesterday. wher
a MARYLAND boat was sunk by "A boat com
I
ynia. whose duty il was 60 protect Mr.
Lewis in his lease Of the Hog Island fats.
The State Of Virginia, by an act Of hel
General Assembly. has declared Hog Island
hats open for planting purposes, and hr
I Lewis under that law had the flats assigned
10 him. and upon the faith Of that act haf
made large expenditure of money IN plant
ing oysters there. The Legislature OF the
state Of Virginia, by passing the act above
referred 10. has sOlemnly asserted the right
( If Virginia 10 this water, and until the con
trary Is declared by the same body by re-
peal of that law, ii IL my duty as the EX'
ecutiye OF the State Of Virginia TO maintain
her claim and to protect her lessee in the
rights granted him by this state.
II think that your commissioner, as wei
rs Mr. Whiting. has entirely misconceiNeo
the purpose and object Of the Joint inyestl
cation in the disputed locality. Mr.. Jone'
Was requested 10y me Gin compliance Will
your requesi) to be present when the line
was examined, in order 10 give our IN
terpretation OF the line laid down by
Mrssrs. Black and associates in theh
award. and especially 10 get IN
opinion Of an expert coast surveyor
rs to the meaning OF the Mort
..hea Hands" as used ia that award. THAI
this was the sole object in calling in an Of
deer from the United states Coast survey i
shown BY your statement that you were
going TO make such an investigation
whether Virginia acted with you or not. \
reference 10 our CORRESPONDENCE VIII SHOW
tlat consistently maintained that had NJ
right to appoint afbitrat0fs TO lay Oh TIE
boundary line. and that such power
were vested in the Legislature Of Nir
ginia alone. | therefore consider Mr
Writings letter as mere expression OF hi'
own opinion A. 10 where the Jenkins and
Black line runs in the locality Of lilo.
Island, and i'm no sense as an award bind
ny on either State. | AIN informed by Mr.
Jones. who was present as the representa-
tive Of Virginia, that he took this position
al tn time the matter was underdi-cussion
and that he strenuOusly commended that Mr.
Whiting had no power 70 make the award
he has since made.
Even had assumed the power 10 APP
point arbltrltOrs to settle the boHndar,
me. such action on my part would have re-
quired ratification by legislative action, ana
the existing status should have been pre-
served until that body had passed upon the
award Of said arhitratOrs.
Il am satisfied that full and fair hear
ing OF this question will prove Dir. WHITING
~ be erroneous in hi, views, and. rs the
attempt Of the Maryland authorities L.
maintain your view. can only result in al
unfortunate conflict between the two
states. which is 10 be deprecated, would
suggest that you withhold further action
until our respective legislatures. which ART
soon To- meet, can take such action as NAV
Doe necessary 10 amicably settle this matter.
Whatever may be the rights Of our re-
spectiye States in the matter In cOniro-
versy, il seems to me but fair and just that
Mr.. Lewis. who is at all events an innocent
party. and who has made large eXpend :
lures in planting oysters on this ground.
should be allowed a reasonable time 10 take
up these oysters. and not 10 be declared tn
lawful prey for the dredgers Of Maryland
and Virginia.
Sincerely hoping you may see the justice
Of this view and concur with me as 10 the
course propose, am.
Very respectfully
Your Obedient servant,
FITZHUGH LEE.
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