Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1894-03-06
MARYLAND and Virginia.

ne disputed queStioh as W isHlAS
rights Of Maryland in the waters Of the
Pocomoke sound came up in the Su.
preme Court in Washington yester-
day and argument was begun. The
case has been brought to the Supreme
Court on an appeal from the decision of
the Circuit Court of the United States
for the Eastern District of Virginia re-
fusing the writ of habeas corpus to the
appellant. The appellant, a Maryland
er, had been convicted oftonging i'll the
Virginia portion of Pocomoke sound,
and this appeal is to decide the right of
Marylanders to take oysters in the Po-
comoke sound south of the boundary
line between the two States. This right
is claimed by Maryland under the COM
pact of 1875. Maryland was represent
ed Yesterday by Gen. Bradley 7. John
son, Thomas S. Hodson and Attorney
General John Prentiss Poe, and the
State of Virginia by R. Taylor Scott and
w. Il. Staples. There vas nothing de-
veloped in the proceedings to shed new
light upon the matter in dispute, but the
familiar contention of regarding the
validity of original grants dating back
to the seventeenth century, and the ex-
act meaning of the agreement between
the two States in 1855 was ably ex-
planned to the court by Mr.. Hodson.
Charts showing the exact location Of
all the points which figure in the argu-
ments on both sides of the controversy
were laid before the justices and were
studied with care by them during the
hearing. Chief Justice Fuller showed
an interest in the maps and drawings
which must have been stimulated by q
fondness for oysters, while Justices
Gray and Harlan gave the charts the
closest attention.
The only speech made yesterday vas
by Mr.. Hodson, who opened for the
State of Maryland. He explained to
the court how the case had been ap-
pealed from the lower courts for the
purpose of obtaining a decision which
might settle onc for all the rights to
which Maryland is entitled in POGO
moke sound.
A citizen of the State, he said, had
been arrested and convicted by the Vir-
ginia authorities for taking oysters in
Pocomoke sound. The State Of Mary
land, he explained, claims to have as
much right III the waters named as the
State of Virginia, and therefore he asks
a reversal of the decision rendered by
the lower court.
This claim, he said, is based upon the
compact of 1855, in which the two
States declare where each shall have
absolute jurisdiction and where concur
rent rights. Under the provisions Of
this compact the rights of the two
States in all the waters Of the sound
other than those specified for exception
are equal, according to the argument of
Mr.. Hodsop. Mr.. Hodson dwelt at
some length upon the question of con,
current rights, during which he cited
as authority for the assertion that the
lines dividing the State are, as the
M~arylanders contend, a map drawn by
Captain Smith, which locates Wicomico
river, where Pocomoke river now is.
He praised the accuracy of Smiths map
and showed by it that the agreement
made with Virginia cedes to Maryland
all the rights now claimed.
Before Mr.. Hodson concluded his ad-
dress the court adjourned. The hear
ing will be resumed to day.