|
Theodore R. McKeldin, Governor 1389
of law enforcement officers of the State of Virginia, with relation to
the enforcement of the laws which the two States had solemnly
enacted in concurrent form.
Simply by way of citing one development in what could be a long
bill of particulars, individual citizens residing in the tidewater coun-
ties of Virginia have equipped themselves with high speed motor
boats with which they have dredged oysters from the choice rocks in
the bed of the Potomac River. These citizens have even had the
affrontery to complain when sworn law enforcement officers of the
State of Maryland attempted to enforce these concurrent laws
In addition, it must be glaringly obvious that these and the many
other open violations of the Potomac River laws could not have been
committed for so many years without at least the tacit and open
acquiescence of sworn police officers in the State of Virginia. The
circumstances have spoken for themselves, and the patience of the
State of Maryland is at an end ; now, therefore
WHEREAS, THE STATE OF MARYLAND IS THE UNDIS-
PUTED OWNER OF THE ENTIRE BED OF THE POTOMAC
RIVER TO THE LOW WATER MARK ON THE VIRGINIA
SHORE, AND
WHEREAS, IN THE YEAR 1785, THE GENERAL ASSEMBLY
OF MARYLAND, BY CHAPTER 1 OF THE SESSION LAWS OF
THAT YEAR, CONFIRMED A COMPACT ENTERED INTO
BETWEEN THE STATES OF MARYLAND AND VIRGINIA IN
THE YEAR 1785, AND THEREAFTER KNOWN AS THE COM-
PACT OF 1785, AND
WHEREAS, AT THE TIME OF THE PROMULGATION OF
THIS COMPACT THERE WERE TWO MAIN ELEMENTS OF
CONSIDERATION LEADING TO THE AGREEMENT BETWEEN
THE STATE OF MARYLAND AND THE STATE OF VIRGINIA;
VIRGINIA, ON HER PART, WOULD RELINQUISH ANY RIGHT
TO CHARGE TOLLS FOR VESSELS GOING TO AND FROM
MARYLAND AND PASSING THROUGH THE VIRGINIA
CAPES; MARYLAND, ON HER PART, GRANTED UNTO THE
CITIZENS OF VIRGINIA CERTAIN RIGHTS OF FISHING AND
NAVIGATION IN THE WATERS OF THE CHESAPEAKE BAY
AND IN THE POTOMAC AND POCOMOKE RIVERS, AND
WHEREAS, BY THE SUBSEQUENT ADOPTION AND RATI-
FICATION OF THE CONSTITUTION OF THE UNITED STATES,
IMPORTANT PARTS OF THE COMPACT OF 1785 WERE IM-
MEDIATELY SUPERSEDED AND WERE MADE OBSOLETE,
SINCE THOSE ARTICLES OF THE COMPACT HAVING TO
DO WITH MARITIME MATTERS AND WITH INTERSTATE
TRADE CONCERNED AREAS OF JURISDICTION WHICH
WERE GIVEN TO THE FEDERAL GOVERNMENT AND HENCE
FORTH WERE BEYOND THE POWERS OF THE INDIVIDUAL
STATES, AND
WHEREAS, FOR OVER ONE HUNDRED YEARS THE STATE
OF VIRGINIA HAS RECOGNIZED THAT THESE PARTS OF
THE COMPACT HAVE BEEN SUPERSEDED BY THE UNITED
STATES CONSTITUTION AND AS FAR BACK AS THE YEAR
|
