Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-07-29

% obtain a complete reparation,. ana 10
employ force for that purpose, II neces-
sary. Finally. the offended parties nave
the right TO provide for their future Sc
curlty, and to chastise the offender by
iniiicting upon him punishment capable
Of deterring him thenceforward from smi-
lar aggressions, and 20 int1midate tnose
who might be tempted to Initiate him.
They may even. II necessary; uisip's en.
agsressor from doing further injury Ihey
only make use OF their right In ail these
measures. which they adopt with good
reason. and IL through those results 10
him who has reduced them 10 the neces-
sity OF taking such steps, ne must i'npu.c
justice"-vaftsll a. Polson's international
Law. chapter 4. sections $3.50, &c. pages
15i-55. 4.
The right to seize vessels engaged IN
Illicit traffic is not confined 70 their mar
bors. nor to the range OF Datteries;-
Church VS.. Hubbart. Second Crancn, s,.
From these authorities II would seem
clear that IL the necessity exists lot NH'
ginia TO pursue the maraudets wno nav, nase !,
been persistent I'm their depredations upon
Virginia's territory, Virginia would nav
the right to pursue the Offenders for
capture into Maryland waters; ,,.,,
Now, IL the authorities OF MAI iaia
had. therefore. refused 10 extradite an
offender against Virginia laws when pro-
nor reouisition was made. then we might
contend with effect that TINS hseessits
existed for our officers to cross tne hhs
and bring back the Offenders; put saSh
Is not the case. and until such II tne
case. or until II appears that the autto, !
ties OF MARYLAND take no heed OF ,ne
notice OF these continuous incurslOns iii.o iii.
Virginia territory. in the opinion on you'
committees we cannot claim that rlght.
NO JUDICIAL DETERMINATION.
The controversy over the border trou-
bIes between the United States and Mexico
led TO a treaty between the two govern
ments that put an end TO those troup,es;;
and the controversy between ,ne tn..eu
States and Great Britain over the capture
and destruction of the Caroline, as
well as the Bering-Sea trouble. was ad-
iusted by agreement. so that thefe has
been no judicial determination OF the
question as TO the right OF one soVerels.
to pursue offenders into the territory %
another. ..o,.
So il is TO be hoped that the controver-
sy growing out of the capture OF the Two
vessels I'm question may lead To the en-
actment OF such laws by the state ol
Maryland as will put an end 10 sucn
troubles i'm the future. At the last ses-
sion of the LEGISLATURE OF virginia an
act was passed. found on pages 300 am 800
Acts OF Assembly, 1885, ~. giving 70 Aal
land the right to pursue oten1yfn asa,u.s'
her laws distance Of ten miles In VIZ
s,iria waters for capture, upon the CON
dition only that Maryland shoulu ena p,
a similar law giving to virginia reclprOcs,,
rights; but the Legislature OF maIy .lei ,dilD
failed or refused TO pass such an act whicn
fact is 10 be regretted az .ne s e,,ia
ment of such a law by Maryland WVulu
have given assurance that these lncursioiis y,
bv the citizens Of Maryland INTO Virginia
territory would cease -.
We cannot but believe, however. NOT
ytthstanding the failure OF the l|slsia,
tura of MARYLAND to pass the act referred
TO now that these continual invasiuns 1i
Viraina's territory by Maryland's oiteha-
ing citizens has been brought luiIy 10 10
their attention, that her autnorIsh W. ~
henceforth heartily cooperate WIN ~. ~.
authorities Of Virginia in suppre'T-'"s
these wrongs.
TO BE DEPLORED.
The interests of the two states are $.
closely connected, and thew reia'ion
heretofore have been so cordiaI aIu
friendly, that such controversy as 'N. nov
Exists over the capture or theSe Neeseis
is 10 be- deplored; but II Is apparent tha'
unless these wrongs are suppressed. VII
ginIa WIFI become justified IN pursulne
offenders, especially in contiguous p1.-
suit. for their capture. INTO MaIy'a,,IS ,,S
cially determined by the supreme Court
of the United states on Aprl so, last, u,
the cages of Robert l.. Wharton anu
Severn Nelson. Marylanders, convicted ~
the County Court Of Accomac IN ApLh,
lsgs for unlawful dredging In Pocoinoke
sound. that Virginia has exclusive rign'
of fishing aud oystering IN those "huiis y
there can be no sort Of justification or eN
cuse for these depredations by tne ciu-
Zens vi Maryland being repeater. A..
And may De- noted here, aiso, tna'
William Marsh. another citizen OF Mary
land was Just one year prior 10 lne
conviction Of Wharton ana Neisoh, con- con-
vict-d in the same court FOR IKE oHehrs
unon "HIrlev's ROCK" in Tangier souhd,
while 1t has never been even claimed
that the citizens of Maryland nave GO
equal rights with the citlZsns Oh NHs""a
in tn, waters OF rangier sound, south OF
the dividing-line. and the Supreme Dourt
of the United States. in the cases or NhHr-
ton and Nelson. fully recognized that the
dividing-ine was defined and marked by
the award of Black & jenkins. January
49, 1871
KELEAsE RECOMMENDED.
II we were dealing with the individuals Is
who have 50 wrecklessly ana perSisteh.,y
violated our avs, the line or duty would
be nlaln and our conclusions quite ar
ssreut but we are dealing with the SOW
ereignty a sister state; hence your com
mittee. I'm the conduct OF this investlsa
tiof and the consideration OF the eNl-
dence. together with the circumstance
and conditions surrounding the capture OF
the vessels in question, Whlch nas Den
careful and complete. have not ns"h IN
mindful OF the cordial ana frlenoH ITlt-
tions which have heretofore existed Le-
tween the two States the continuance oi
which is greatly 70 be desired, especially
~ the interests Of the two states are 80
closelv and intimately connected anu as
m evidence as to the eNact locaity OF
the capture of these vessels Is conhlctihs'
and this being the first case OF the char-
acter which has arisen. and IN view OF the
fact that the officers Of the chesapeake
though unintentionally. invaded MARY
lands territory, firing upon her citl|ehs,
and relying upon the full cooperation oI
tho authorities Of Maryland with our Own
officers TO prevent such troubles IN the
future. we recommend that your Excel
lency. BY authority conferred upon you py
IN resolution above. tender the capturtd
vessels. the william r.. Price and g.
" stevenson. to the Governor OF the
State OF Maryland. i'm Difference to her
rsGuest To be dealt with as the authorities
OF Maryland may deem proper, and thst
a suitable acknowledgement Of regret De
made to the Governor OF Marymnd tnat
rhs Virginia police boat Chesapeake
entered Maryland territory on the occa-
sion OF the capture of said vessels
Most respectfully submitted.
Il. IL. cARDWELL.
Chairman.
June 90 1891.
The Virginia report was written by
chairman CarlWel who spent several