Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-07-29
THE TANGIER FIGHT.
Report Of The Virginia Legislative In
YtstiSatin6 Committee.
HISTORY OF THE TROUBLE.
What the Evidence showeti-The Right
of Capture In Maryland waters--
An Important Paper.

Chesapeake discovered feet OF Mary
land oyster-vessels dredging on "Old Wo-
mans Marsh and Huriey's Rock In
Tangier sound, Virginia The Chesapeake
attacked, running fight ensued, the Vir-
gina steamer being the pursuer. and
two OF the depredating vessels. the
schooners w. f. Price and c. W. Steven
son. were captured and turned over 10
the Accomac county authorities
Maryland set up claim that the prizes
| were taken in the waters OF that State.
This claim was denied by Virginia, and
| the Maryland Legislature sent "a commits
sien here TO visit the Governor and pre-
sent to him certain joint resolutions of
the Maryland Legislature demanding res
| titution.
| COMMITTEES OF CONFERENCE.
virginia declined TO accede to the de-
msnd. but the proceedings resulted in
| the appointment OF joint committees by
the General Assemblies of the two States.
with the understanding that they should
take evidence and determine the question
OF fact involved as to the location OF
the capture. The Maryland committee
;
| Thomas G.. Hayes. L. L. Waters, Lloyd
Wilkinson. and w. II. Legg, and the
| virginia committee OF Messrs. james y.
| StuDbs and Charles L. Jones, on the part
| OF the Senate, and Messrs. r.. IL. Card
well 4. T.. Boykin, and John Il. Moon.
on the part of the House. Mr.. Cardwell
was elected chairman of the Virginia COM
| mittee
The committees held several Joint meet.
| inss, and a vast amount OF testimony was
taken. At first ii was proposed that they
unite In a report. but IL was finally de-
cided that each committee report sepa-
rately 10 the Governor OF their State, and
that neither report be made public until
| the two had been exchanged.
THE EXCHANGE MADE.
The Virginia report was ready for pre-
| sentation TO Governor OFerrall on June
10Th, but it was not until Tuesday that
| Mr.. Cardwell received notice that Mary
land was ready to make the exchange.
Thursday Mr. Cardweil met Mr.. Carter.
of the Maryland committee. IN Wash
ihgton, and the exchange agreement wa.
| carried out
The Virginia report gives n history In
brief Of the trouble. refers to the
| testimony before and proceedings of the
tions upon the Virginia oyster beds OF the
two schOoners captured, and declares that.
while the evidence as to the exact
locality Of the prizes when captured is
conflicting, If the testimony OF the Vir-
gina officers Is 20 be believed, and ii is
not impeached, the location was In
Virginia waters. 1t is admitted, how
| ever. that the pursuit was continued into
Maryland territory. This brought the Nir-
ginia committee TO the consideration of
the question whether the officers OF the
Chesapeake charged with the protection
Of Virginia waters against marauders.
and under the conditions that existed.
were justified In making the capture IN
Maryland waters. The discussion Of this
question is found In the concluding part
Of the report. which r. as follows;
Mr.. Wharton, discussing jurisdiction"
says: TO arrest an offender In foreign
Sovereigus territory, either by force or
stealth, H. "A violation of the laws of ma
/ lions. Any invasion of friendly
territory by n foreign armed force is for
bidGen by International Jaw. An impOr-
tsnt qualification of this rule exists in
cases where the invasion Is made for the
purpose Of seiZing marauders who have
made such foreign territory temporary
refuge.
JUSTIFICATION CITED.
This was the justifi alton of the ac-
ton OF the British Government in ISIS
IN the seizure and destruction OF the Caro-
line when In a port Of The State Of New
York. and the same plea was set up NOR
recently by the United states when Il
was necessary TO pursue and seize on
Meyican territory bandits who, after plum
d' |ng the Texas border. fled into Mexico. -
See WhartOns Commentaries on Ameri-
can Law, section 115. note ,.
In the report Of the Hon. Mr. Scheicher,
from the Committee on Foreign Affairs
10 the FOrty-tfth Congress, November !,
1871, on the border troubles between the
United States and Mexico. he quotes from
a letter OF Governor Coke, OF Texas, vim
dicating the order which Rad been given
10 the officer in command OF the State
troops to cross the river when in pursuit
OF raiders. as follows: 1T is because each
State or nation has undertaken To restrain
It's people from making war on the people
OF It's neighbors that the law of nations
forbids an armed force from one enter
ing the territory Of another. The right
OF immunity grows out ri ami depends
upon performance Of this duty. which
each power owes u the other. No State
has surrendered the right Of defence Of
its people in its own way against aggres-
sions from neighbor.ng States or people.
except upon the promise and performance
OF the great duty tJwdr Is itself. which
all nations owe each other. OF So govern
ing its people as that they shall NOT depre-
date or make war upon other nations Or
any OF their people Or territory.
A COURTESY NOT REQUIRED.
Il apprehend that national courtesy.
comfy, ana amity have never been re
puired by the law Of nations to be carri Il
10 the romantic extent OF surrendrring
the great national right of self-defsnce
against the constant infiction OF serious
permanent, and wrongful injury upon the
people Of one nation by those of another.
although the attack may b. unauthorized
by the government OF tho territory from
which 1t comes And again quotes from
Hon. Mr. Evarts. then Secretary of State
writing TO Minister Foster, as follows:
"The opinion Of Colonel Snafter that the
only way TO check the atrocities IL 10 fol-
low the delnquents into Mexico. and there
attack them In their lairs. Is probably
well-founded. As the authorities of that
country seem 10 be- unable or unwilling
to check the depreda tions, the President
may soon have TO take into serious con
siferdti0n fne eXpeJiency Of acting pur-
suant TO Colonel Snafter's opinion. Tn
doubtediy, ii would be preferable to enter
Mexican territory for the purpose ind-
Gated with the consent or with the ac-
quiescence Of the government Of that re-
pubic. H. however, these should be r.
fused. and the outrages persisted in, this
government may deem Itself warranted
IN punishing the wrong-doers wherever
they may be- found"
The said report from which these quo
tations are made may be found in the
reports Of committees. second session,
Forty-nfth Congress. lSl7-'Is. Volume 3.
says DIR. Philiimore, in his Coinmenta-
ries on International Law: The right Of
self-preservation IL the iirst law Of nations
as II Is Of individuals" And Mr..
Justice Harlan. in hi- opinions concern
Ing the Bering-SeA troubl ) between the
United States and Great Britain In 1898,
after quoting from this learned author
and from other authors, while discussing
the doctrines of selt-protection and self
preservation. SAWS follows.
THE RIGHT OF SECURITY.
The force OF this principle fright OF
security Is not lessenea by the suggestion
that IL relates TO "A time OF war, 10 the
rights OF beligerents. The right OF self
protection or self-preseryation is as COM
plete and perfect I'm time of peace as 1t is
IN time of war. The means employed
when war prevails will not always be
used In time OF peace. The test both in
war or in peace il whether the particular
means used are necessary 10 be employed
for the purposes OF self-protectiOn against
wrong and injury"
See pages 1888. 1874. and 195 Of printed
opinions OF Mr. Justice Harlan.
In First Phillimore's international Law.
side page go. this learned author further
says: THE State (natlonD has right TO
protect itself from piratical incursion-
from neighboring State, which from
weakness or neglect permits such incur
sions 10 be made from her borders,
and the invaded State may enter the ter
ritories OF her neighbor and destroy the
preparations OF war therein made against
them
According to Mr.. vatteI .the right
OF security"-that Is, the right Of this
Commonwealth 10 protect her territory
from injury, and to protect the property
ana lives OF her citizens, Ia a JUS centrum,