Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1899-05-20

The article below appears in late
issue of the Baltimore Sun and as a
cheeky production deserves to be
noted as one of the first magnitude.
1t will doubtless be urged that it is
another case for the exercise of
"comityn on the part of Virginia.
II the claim of indemnity made there
in is to be honored, though, then it
is not only right to steal but the
perpetrators of that otfense against
Divine law deserve to be rewarded
also. If the indemnity to be asked
for is necessary to preserve the pleas
ant relations which ought to exist
between the States. what matters it,
if the decalogue is violated and the
violators are rewarded? Does not
comfy demand that much of us?
The Maryland oyster schooner
Minnie Estelle. and the batteau
Water Lily, which were seized by
Virginia authorities in February on
u charge of illegal dredging near
Smiths Island, and which were re-
Gently released as result Of the
vigorous efforts of Governor Lowndes,
have been towed to Baltimore by the
State fishery steamer Gov. r. Nj. Nc
Lane The Minnie Estelle belongs to
Edwin II. Tyler. Of Baltimore, and
the Water Lily to Jesse Marsh, of
Smiths Island AT the time of the
seizure the crew Of the Water Lily
escaped The crew of the Minnie
Estelle were captured with the vessel
but were recently released. Governor
Tyler's letter announcing their re-
lease was accompanied by reQuisi-
rions for Il number of Maryland oys
terlneu who are alleged to be chief
offenders in illegal dredging.
Col. Thomas s. Hodson has been
actively engaged in the interests of
the oyStermen as their attorney. In
a letter TO Governor Lowndes this
week Colonel HodSon says the owners
of rhe vessels will expect to be indem
nitied for all they have lost by the
illegal seizure of their boats. I'VE
shal. insist the letter states, THAT
MARYLAND is bound TO see our wrongs
redressed, or if she fails to do so, 10
pay the bill which represents our
actual loss by the seizure. We hope
YOU will see the Justice of our claim
and will try all in your power to
have it paid by the next Legislature.
We also notice that a reQuisition has
been sent for the arrest of the men,
and my clients wish to protest against
doing anything for Virginia in regard
TO this matter until that State has
apologizeo for her willful and de-
iiberate invasion of Maryland terri
tory and has Unidentified my clients
for the loss to which they have been
put We submit that the dignity Of
the State requires that the damages
which Mr.. Ford and Mr.. Marsh have
sustained should be paid, first, if
possible, by Virginia, and, if not,
then by Maryland" The amount OF
damages will be determined and for
warded to Governor Lowndes.
Maryland oystermen are especially
Indignant over the capture OF the two
oyster boats. The feeling OF the
Maryland oystermen is accounted for
by the fact that the waters in which
the illegal dredging is said to have
occurred belonging to Maryland
rightfully. Up TO comparatively
recent period the territory claimed
by Virginia authorities to have been
Invaded had been regarded from time
immemorial as belonging TO Mary.
land. Commissioners Black and
Sheridan, majority of the commiss
sion appointed TO ascertain the true
boundary between Maryland and
Virginia, decided that the territory
iu question really belonged to Mary
land. The acts OF assembly of the
Two States appointing the commits
sion provided that no territorial
rights OF the citizens OF either State
should be disturbed by the award.
While they ascertained that the true
boundary line threw the whole Of
Smiths Island into Maryland, the
commissioners also found that by
virtue of an ancient usurpation Vir-
ginia had obtained possession of q
part of the marsh in Smiths Island
up as far as Horse Hammock, and
had held it for many years. They,
therefore, under the provisions Of the
acts appointing them, were not at
liberty to run the line between
Smiths Island, where they found it
really ran.
W hat they did WAS to give to Vir>
ginia riparian rights, which include
oyster and jurisdictional rights on
both sides of the island in Chesa-
peake bay and Tangier Sound, eX
tending out three miles. Therefore,
while Virginia has jurisdiction over
the territory where the alleged
trespasses of Water Lily and Minnie
Estelle were committed, it is Mary
land territory, unjustly taken from
the State, and unjustly held. The
vessels We're captured in waters I'M
doubtedly belonging to Maryland,
outside the territory where the illegal
dredging is said to have been done.