Judicial History	37

(a)	The Compact was not such a treaty between states
as was forbidden by the Articles of Confederation,
without the consent of Congress. Dicta in Wharton
v. Wise.

(b)	The Compact did not require the consent of Congress
under the Federal Constitution, it being already in
existence when that Constitution was adopted, and
Congress having in any event subsequently and im
pliedly given that consent. Dicta in Wharton v. Wise.

(c)	Maryland and Virginia could jointly have modified
the Compact at any time after its adoption, and this
power was transferred to Congress so far as con
cerns the District of Columbia. Georgetown v. Alex
andria Canal Company. (But note the ruling in the
Herald case that the Compact has been abrogated
as to the District of Columbia.)

(d)	Nothing in the Compact relates to the Potomac
River above tidewater. Binney's case and the Mid
dlekauff case. (But note that statements to the
contrary were made by dicta in the Marine Railway
Company case and perhaps also by the implication
of the facts in the Hoofman case.)

(e)	The Compact gave Marylanders no right to fish in
the Virginia side of the Pocomoke River, nor in
Pocomoke Sound. Wharton v. Wise.

(f)	The Compact meant to place the Maryland-Virginia
boundary along the Potomac River at low-water
mark on the Virginia shore. Washington Airport
case. (But note a contrary ruling in Herald v. United
States.)

(g)	An indictment for a violation of a law for fishing
in the Potomac River must aver that the law is a
concurrent one. State v. Hoofman.

(h)	The power given in Article 8 of the Compact to en
act concurrent fishing laws for the Potomac River