The times. [volume] (Richmond, Va.) 1890-1903, 1892-12-04
RIGHTS OF VIRGINIA.
coyrRoyrRsY BETWEEN THE OLD
DOMINION AND MARYLAND
A. IN tho boundary Line In the Potomac
and the Privilege OF Fishing In the rocco
moke wasers-The Committee to Meet.


the Pocomoke sound. will meet at the
Metropolitan Hotel. In Washington
The committee is composed as follows
From the acknowledgements o.
Hoge Tyler and Messrs. J. W. q. Blach-
stone. Edward Echols. william A. LAtne'
Jr. James n. Stubs, Robert ]. WASH
ington. From the House OF De'esd10'
spenker r. ". Cardwell ana Messrs Dc
tamin Chambers. Merritt J. Coone' -
Catlett Gibson, John Jackson'
James, William y. McliWaIr.e' 49, ox
,rscted that ALI the members will be on
bond With the exception OF MT. Johh
Iackson who is confined to his nome ny
sickness. H.. chairman
e. Sneaker Cardwen. will meet on tues
dav evening for conference, ana consiuei
fhe reports OF the various comm 49,
and the position which is 10 De oceupieu
by Virginia In an attempt " So'''0 '"0
listing controversies. - c.o.,s
MOT last summer at Old Point. and from
there went over the oyster grouhos' Seia
Cor Thomas G. Hayes, Of Baltimore chaii
man Of the Maryland delegation, stateu
thc case IN detail and pointed out lhe
claims of Maryland. In his statement he
said: -, M
MARYLAND comes to Virginia to lay pc
fore her a claim and grievance as 10 '"o
use of the waters OF the focoihohe oy
Nfarvlanders in common with Virglhans'
MARYLAND claims up 20 few years
vast that from a time whereof the mem
orr NJ man runs not 10 the contrary, her
citizens have had and exercised the com
mon right of Clustering. fishing and crao-
ling In the waters Of the Pocomoke. Her
grievance is that within few years last
mast Virginia has attempted without lesdi
justification. to interfere with TINS com
mon right of Maryland. in the waters oil
the POcomOke.
Tbe questions involved in this claim or
MARYLAND do not relate directly or indi-
rectiy to the territorial limit of the two
States. This has been finally settled by
fine Black-Jenkins award OF lSfL
The claim IS solely one OF the tshery
richt in common under the compact or
17X5. This compact. by the express terms
of the acts Of Virginia and Maryland
agreeing and Submitting TO the award, was
not to he disturbed by the award.
The award itself, in express terms, pro-
yided that nothing in the awar1 shall be
taken To affect the compact OF l7S9. Inc
important inquiry. then. which lies at the
threshold Of this claim Of Maryland, is:
What does the compact Of 1885 provide as
to the common tight of fishery IN the
waters of the Pocomoke? In the effort TO
ascertain the meaning Of whatever may
be provided I'm this compact as to the ques-
tion ii is perfectly permissible to also
ascertain how the contracting parties con-
strue these two provisions
The causes which led TO the compact
were the desire on the part Of both States
TO regulate:
First-The navigation of the waters Of
the Chesapeake bay between the south
ern boundary Of Maryland ard he capes,
which water was Wholly in Virginia; and
Secondly-The navigation and fishery
rights Of two rivers the Potomac and PO-
comoke, which were in whole. or in part.
vater.ocurses which were the boundaries
or dividing waters between the two States.
There is no denial on the part of Vir-
ginia that the navigation of the waters of
the Chesapeake baY above referred TO. as
well rs the navigation and common right
OF fishery i'm the Potomac, are fully pro-
Vided for In the compact. il is now denied
by Virginia that the compact relates to
or provides for the common right of fish
cry in the Pocomoke. and that both States
are confined as to their territorial Units
as defined by the Black-Jenkins award.
which would virtually exclude Maryland
IIOIl ali the MdttlS VI NHt OCOilOhc III
which oysters in any quantity or Of any
value are to be caught
Maryland owned under the charter
granted to Lord Baltimore every foot of
the soil beneath the Potomac river to the
high-water mark on the southern shore.
This to-day cannot be disputed. In 1885
Maryland gave to Virginia territorial
rights to the low-water mark Of the Po-
tomac, and the common right Of fishery
In the whole Of the river.
Would 1t be fair, after so liberal con-
cession on the part of Maryland TO Nir-
gina. to have Virginia. upon any techni-
cal reason. refuse a similar right in the
waters of the POcOmOke, a river which,
In whole, or in part IS the dividing wa
ters between the two States' Maryland.
therefore thinks that i'm a spirit Of con-
cessiOn, If not Of legal right il would
be but appropriate for Virginia TO con-
cede Marylands claim to the PocOmoke.
1T is OF the greatest Importance TO
Maryland TO have the catching of oysters
in the Potomac regulated by a culling
law passed by the two States concur
renty. There are two "easons that rem
der this necessary: First, to protect the
oysters i'm the Potomac in which both
Maryland and Virginia have an interest.
and secondly. to enable Maryland TO en-
force her own culling laws relating to
oysters taken in their own waters. Mary
lands culing law is eYaded by oystermen
claiming, when arrested for having oys-
ters in their possession under the pre-
scribed size, that they caught them in
the Potomac, and the Maryland courts
have held that this defense is conclu-
sive bar 10 the prosecution Of the offend
ers because such oysters, being marketa-
bile In Virginia. and brought from one
State into another 2s articles of mer-
chandise, IL is not within the power Of
one State to prohibit their introduction
and sale
This defense is often false but the
State is unable TO prove its falsity, and
the only thing required TO be done when
offenders are brought to justice is to set
mp the plea that the oysters In ques-
tion came from the Potomac, and out of
Maryland
Personally. and. believe a majority of
the Maryland committee are opposed to
any change In the headlands of the POto-
mac. either on its northern or southern
shore. We think that IL is dangerous
20 tamper with a matter that has been
settled. certainly so far as concerns the
southern shore, by the Black-Jenkins
award Where questions arise as 10
whether oystermen are within the lines
connecting the headlands or not, the
courts are open for the settlement OF
such Questions.
This statement was replied to in an able
manner by Senators Blackstone Stubs
and others. who endeavored to show on
the part Of Virginia that Marylands
claims were unwarranted.
From the statement Of Senator Hayes
II can be seen that Maryland's claims OF
hshlnS rights OF Virginia in the Potomac
river are only based on concessions on
her Dd,t, and that the OH Do,ni,,ton