Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1920-07-08
Those Maryland Fishing Laws.
Charles Town, w. Va,

Maryland in the List few years. es-
pecially about some men in Hagers-
town trying TO enforce the Alleeany
county optional game law in Washing
ton county without first putting it TO
the vote of the people Some So
called fish wardens even attempted to
extort money from citizens of West
Virginia on threat of arrest. | see bv
your paper that the citizens of Vir-
ginia and West Virginia, under the
new FISH law of Maryland, are required
TO take out license to fish in the Pc.
tomac river. Mr.. Editor, is this not
in conflict with the compact between
Maryland and Virginia made by com.
missioners of both States who met at
Mt. Vernon, Va, on the 18th of Nav.
lI85? They then mutually agreed to
a compact, which was confirmed by the
Assembly Of both States, January.
1886. The compact is as follows:
1t is hereby declared that the said
compact remain obligatory. Seventh.
ly, shall have full property rights in
the shores of the Potomac river adjoin-
ing their lands, with all emoluments
and advantages there unto belonging.
The rights of fishing in the river shall
be common to and equally enjoyed by
the citizens of both States. Provided.
that such common rights be not exer-
cised by citizens Of the one State to the
hinderance of the fishing on the shores
OF the other State.
Codes Of Virginia and Maryland in
later code of Maryland, page 315. lat
ter part of section l6, provided, "tha,
nothing in this act shall be construed
to prevent citizens of the counties
bordering on the Potomac river from
fishing as they have been in the hab
of doing in the usual way"
Some Of the citizens OF MARYLAND
again got bumptious in 1872 or 1873
and again commissioners were ap-
pointed by West Virginia and Mary
land, and they agreed to the old COM
pact.
But we have other rights to take
fish from this river for food-the
rights under the Magma Charta. which
Oliver Cromwell's Ironsides fought
bled and died for, that the English
speaking race might have liberties.
Did they shed their blood in vain ?
In the Magma Charta it is provided that
all citizens shall have the rights to
take fish and game for food Justice
Hale in his decisions always held that
where it could be showed that the peo-
pie had been the habit or custom of
taking fish for food from a river, in
a usual way, for time nmemorial or
beyond the memory of the Oldest citi-
zen, that it then became an inalienable
right, beyond the power of legislation
10 revoke.
Maryland has only a limited police
power over the Potomac, for has it no
been declared public highwayH
Maryland could not build a bridge
across the Potomac without first
getting the consent of Congress.
The sports of our neighboring coun-
ty are not good sportsmen, or they
would not want the monopoly of fishing
in this river; or it may be as Mirabeau
said IN his great speech in the assembl, |
OF France, that made that great en-
pire travail and give birth over night to
the first French Republic, chat in all |
ages of history, and in all times, there
is certain class who aspire to noble
ness, and are enemies of the rights
of the people; and they seek to de-
prive them of it at every opportunity
and way"
But, Mr.. Editor, may be mistaken;
for as fish is brain food, these sports
may feel their need of such food. Of
which, we hope, they will obtain
plenty, that they might learn that they
can only enforce their fish law in the
Antietam creek, which is entirely in
the State.
Traditions of history are handed do
that my great great- grandfather, Mel
-hor, came down from Lancaster, Pa,
in 1852 with his family of II boys and
TWO girls, and with them were ten of
MS neighbors and their families. They
crossed the river at the Pack Horse
Ford, near Shepherdstown, and they
built a block-house near a big spring
about seven miles southeast. They
mad a number of battles with tho
indians during the Indian wars, an,
several of the defendants were killed,
among whom was a young girl, VIII.
.nLuntnnrnL 10 90 To thn snrinm Cor