Legislative History 9 importance to these several documents. Maryland has never codified the Compact. While the two states have accepted the Compact as binding, they were slow to enact legislation under it. One reason doubtless was that the need for conserving the sup ply of fish and oysters was not so pressing in the early years as later, and legislative enactments for these gcncral purposes were accordingly less numerous than now. Another reason was that the adoption of the Federal Constitution in 1789 superseded a considerable part of the Compact. There is no precise adjudication upon the point, but those articles of the Compact having to do with inter state trade and with maritime matters concerned areas of jurisdiction which were given to the Federal government and thenceforth were beyond the competence of the states. Virginia since 1849 has recognized that part of the Com pact is superseded. In its Code of that year (which was adopted by the legislature), there is a recital in Title 1 of the facts of the adoption and confirmation of the Com pact, and this further statement of legislative policy: . . . it is hereby declared that the said compact remains obligatory, except so far as it may have been super seded by the provisions of the constitution since formed for the United States; and it shall be faithfully observed and kept by this government and all its citizens, so far as may not be incompatible with the said constitution. Amongst the articles of the said com pact are the following: Articles 7, 8, 10, and 11 of the Compact were set out there after, and no others. All subsequent codifiers of Virginia codes have continued this elimination of the other sections. The four articles retained in the several Virginia codes have concerned, respectively, property rights of lands abutting the Potomac River, fishing laws in the Potomac and Pocomoke rivers, the punishment of crimes committed in certain parts of the Chesapeake Bay and on the Potomac |
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