24 The Compact of 1785 the offender was a citizen. The Court held, however, that these "piracies, crimes and other offenses," did not include violations of the fishing laws, such violations having been treated exclusively in Article 8. And, it continued, even if Article 10 were regarded as a restriction upon the con current jurisdiction given by Article 8, it would be appli cable only to offenses against a citizen; here, there was no averment of personal injury, but only of injury to the State of Virginia. Accordingly, the Virginia court held that it had juris diction to try Hendricks, a citizen of Maryland,' and he was held to be guilty as charged. F. Potomac Steamboat Co. v. Upper Potomac Co. (1884). The Compact figured briefly, and negatively, in the Poto mac Steamboat Company case (109 U. S. 672) . The case involved a conveyance in 1791 of land to be part of the District of Columbia. The land fronted on the river. Sub, sequently, in 1797, the commissioners who were receiving title on behalf of the United States conveyed part of the same land back to the original grantor, with this differ ence, that the land so re-conveyed did not front upon the river, but only upon the north side (i.e., on the side away from the river) of a street running laterally with the river. The street was in 1797 marked upon the public plats of the plan of the city, and was not actually constructed until after the Civil War. The claim in the present case was that the original grantor still retained wharfage rights as appurtenant to his land on the north side of the street. 1 This result in the Hendricks case was spoken of approvindiy by- the Supreme Court of the United States. in Wharton v. Wise 11.53 1_'. S. 75;. 174). It N vas referred to mistakenly by a Federal Circuit Court, iii Ex pane Marsh (57 Fed. 719, 729). which said that Ilendrick's defense `vas "per fectly sound, and the Virginia Court of Appeal, sistailled this defense." Actually, of course, the decision was against Hendricks.
|
||||
Please view image to verify text. To report an error,
please
contact
us.
Compact of 1785-11-5, Page 24 View page image (39K) |
Tell Us What You Think About the Maryland State Archives Website!
|
An ecpCLIO electronic publication in the Archives of Maryland
Series.
For information contact edp@mdarchives.state.md.us.
©CopyrightJuly 24, 2013
Maryland State Archives