Peninsula Enterprise, August 4, 1894

Virginia Will Restore the Boats Captured in Tangier Sound.

reprinted from Baltimore Sun.Infrastructure -- Public - Government : Maryland-Virginia boundarySea -- Shellfish - Oystering : BaysideSea -- Shellfish - Oystering : Law enforcement

Richmond, Va., July 29. -- The special committees of Maryland and Virginia have made and exchanged their separate reports on the seizure of the Maryland oyster schooners William E. Price and C. W. Stevenson by the Virginia oyster police steamer last February in Tangier Sound. The decision is in favor of the release of the captured boats, because they were taken in Maryland waters. This was the claim of Maryland, but it was denied by Virginia. After several conferences and the taking of voluminous testimony it was agreed that the legislative committees should make and exchange reports, which would then be sent to the Governors of Maryland and Virginia. The Virginia report was ready for presentation to Governor O'Ferrall June 30 but it was not until Tuesday that Mr. R. H. Cardwell, chairman of the Virginia committee, received notice that Maryland was ready to make the exchange. Thursday Mr. Cardwell met Mr. Charles H. Carter, of the Maryland committee, in Washington, and the exchange agreement was carried out.

The Virginia report sets forth that repeated depredations had been made upon the Virginia oyster beds by the two schooners captured, and declares that, while the evidence as to the exact locality of the prizes when captured is conflicting, the location was in Virginia waters. It is admitted, however, that the pursuit was continued into Maryland territory. This brought the Virginia 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 Virginia report says:

"It is to be hoped that the controversy growing out of the capture of the two vessels in question may lead to the enactment of such laws by the State of Maryland as will put an end to such troubles in the future. At the last session of the Legislature of Virginia an act was passed, found on pages 955 and 956 acts of Assembly, 1893-'94, giving to Maryland the right to pursue offenders against her laws a distance of ten miles in Virginia waters for capture upon the condition only that Maryland should enact a similar law giving to Virginia reciprocal rights, but the Legislature of Maryland failed or refused to pass such an act, which fact is to be regretted, as the enactment of such a law by Maryland would have given assurance that these incursions by the citizens of Maryland into Virginia territory would cease.

"We cannot but believe, however, notwithstanding the failure of the Legislature of Maryland to pass the act referred to, now that these continual invasions of Virginia's territory by Maryland's offending citizens has been brought fully to their attention, that her authorities will henceforth heartily co-operate with the authorities of Virginia in suppressing these wrongs.

"The interests of the two States are so closely connected and their relations heretofore have been so cordial and friendly that such a controversy as now exists over the capture of these vessels is to be deplored but it is apparent that unless these wrongs are suppressed Virginia will become justified in pursuing offenders, especially in a continuous pursuit, for their capture into Maryland's territory, and since it has been judicially determined by the Supreme Court of the United States, on April 3 last, in the cases of Robert L. Wharton and Severn Nelson, Marylanders, convicted in the county court of Accomac in April, 1893, for unlawful dredging in Pocomoke Sound, that Virginia has exclusive right of fishing and oystering in those waters, there can be no sort of justification or excuse for these depredations by the citizens of Maryland being repeated.

"And it may be noted here also that William Marsh, another citizen of Maryland, was, just one year prior to the conviction of Wharton and Nelson, convicted in the same court for a like offense upon 'Hurley's Rock,' in Tangier sound, while it has never even been claimed that the citizens of Maryland have coequal rights with the citizens of Virginia in the waters of Tangier sound, south of the dividing line, and the Supreme COurt of the United States, in the cases of Wharton and Nelson, fully recognized that the dividing line was defined and marked by the award of Black and Jenkins, January, 1877.

"If we were dealing with the individuals who have so recklessly and persistently violated our laws, the line of duty would be plain, but we are dealing with sovereignty of a sister State; hence your committee, in the conduct of this investigation and the consideration of the evidence, together with the circumstances and conditions surrounding the capture of the vessels in question, which has been careful and complete, have not been unmindful of the cordial and friendly relations which have heretofore existed between the two States, the continuance of which is greatly to be desired, especially as the interests of the two States are so closely and intimately connected, and as the evidence as to the exact locality of the capture of these vessels is conflicting, and this being the first case of the character which has arisen, and in view of the fact that the officers of the Chesapeake, though unintentionally, invaded Maryland's territory, firing upon her citizens and relying upon the full cooperation of the authorities of Maryland with our own officers to prevent such troubles in the future, we recommend that your excellency, by authority conferred upon you by the resolution above, tender the captured vessels, the William E. Price and C. W. Stevenson, to the Governor of the State of Maryland, in deference to her request, to be dealt with as the authorities of Maryland may deem proper, and that a suitable acknowledgment of regret be made to the Governor of Maryland that the Virginia police-boat Chesapeake entered Maryland territory on the occasion of the capture of said vessels."

The report of the Maryland committee is made up almost entirely of abstracts from the evidence taken before the two committees, which evidence the Virginia committee files in full, separate from their report. The Maryland conferees make no recommendations, but in palliation of the offenses of the Maryland dredgers go back to the old convention that they have been deprived of what rightfully belonged to them, and that "they commit no wrong when they fish where their fathers and grandfathers were always allowed to fish."

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Tourists and sportsmen -- Other recreation - Fairs

The Eastern Shore Agricultural Fair commences next Tuesday, and through us, a cordial invitation is extended by the officers of the Association to the citizens of the Peninsula to be present and bring an exhibit of some kind with them. The invitation is given to everyone and free as it will be from the contaminating influences surrounding most fairs, everyone can accept same, without fear of having to surrender their convictions or of doing violence to their morals. We very heartily second the appeal of the Fair authorities to the people, to help it by their contributions and to encourage it by their presence. It is the Fair of the people of the Eastern Shore, dependent upon them for its success and should have their support -- with no less object in view than to make it the best county Fair in Virginia.

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Infrastructure -- Public - Government : Maryland-Virginia boundarySea -- Shellfish - Oystering : BaysideSea -- Shellfish - Oystering : Law enforcementSea -- Shellfish - Crabbing : BaysideSea -- Shellfish - Crabbing : Law enforcement

The special committee of Virginia has made its report to the Governor and decides that while the oyster schooners William E. Price and C. W. Stevenson were dredging in Virginia waters, yet they were captured within the Maryland State line. They recommend their release to the Governor of Maryland, "and that a suitable acknowledgement be made to the Governor of Maryland that the Virginia police boat Chesapeake entered Maryland territory on the occasion of the capture of said vessels." The Maryland committee goes back to the old contention that the Marylanders have been deprived of "their rights" (which the Court has decided are not and never have been "rights") and that "they commit no wrong when they fish where their fathers and grandfathers were always allowed to fish." The contention is simply silly. If these men's "daddies and their granddaddies afore 'em" were graciously and in a neighborly way allowed to crab in Virginia waters, so good, but when Virginia posted her lands, forbidding trespass, that settled the question. The court says it does and that settles the question finally and forever and it will be best for Marylanders to "put it in their pipe and smoke it" well. Whether the Maryland Legislature will meet Virginia in the reciprocity act of '93-94 to cross the line to arrest offenders remains to be seen. If the temper of some of the prominent men and press of that State be an index she will not. We are at a loss to understand why this is so, but the snarl and blubber about "our rights" goes on and men are actually encouraged to violate the supreme law of the land. The Baltimore Sun, in editorial of August 1st, does this by inference. It seems to think the Hotchkiss gun rather dangerous. Well, let its men keep off our grounds. The gun was bought to use -- it will be used -- and Hudgins is the man to use it. If Marylanders will get under the wing of our own crabbers and our crabbers permit it, that is our crabbers' fault. The Maryland crabbers will certainly be driven off and if our crabbers get peeled by being in bad company they will please remember the jackdaw caught among the crows. That Hotchkiss gun "was made to hit somebody." Don't forget it.