Stephen Johnson Field

“ The seventh section of the compact refers, so far as fishing is concerned, only to the Potomac river, and provides 'that the right of fishery therein shall be common to and equally enjoyed by the citizens of both states,' with the proviso that such common right shall not be exercised by the citizens of one state to the hindrance of the fisheries on the shores of the other state, and that the citizens of neither state shall have a right to fish with nets or seines on the shores of the other. ”

“ And all piracies, crimes, or offences committed on the before-mentioned parts of Chesapeake bay and Pocomoke river, by any persons, not citizens of Maryland, against any citizen of Virginia shall be tried in the court of the commonwealth of Virginia which hath legal cognizance of such offence. All piracies, crimes, and offences committed on the said parts of Chesapeake bay and Pocomoke river, by persons not citizens of either state, shall be tried in the court of the commonwealth of Virginia having legal cognizance of such offences. ”

“ The question whether Pocomoke sound is to be considered as part of Pocomoke river is immaterial in view of the conclusion we have stated, that the compact gives no right to the citizens of Maryland to fish in the waters of that river, and only refers to the river in providing that legislation or regulations preserving and keeping open its channel free from obstructions shall be enacted by the mutual consent and approval of the two states. ”

“ The sixth clause declared that the river Potomac should be considered a common highway for the purpose of navigation and commerce to the citizens of both states, and all other persons in amity with the two states, trading to or from Virginia or Maryland. ”

“ The business of taking them from the water and carrying them to the different markets of the country constitutes an extensive and profitable industry, giving occupation and support to several thousand people of the state and to their families, and furnishing an article of food extremely palatable and delicious to many thousands in other states. ”

“ The oyster grounds of the state are of large extent, very productive, and of great value. Pocomoke sound is represented to have an area of 92 square miles, of which about 52 square miles consist of natural oyster rocks and beds, particularly adapted for the growth of the oyster. Many millions of oysters are the product from these rocks and beds each year. ”

“ Great care is taken in their culture and protection, and a vigorous police of the state is maintained to prevent their unlawful removal, or any encroachment with respect to them upon the rights of the state. The preservation of the oysters and of these rocks and beds, so well and peculiarly fitted for their increase, has been for many years a matter of special interest on the part of the state, and the act under which the appellant was indicted and convicted constitutes a part of its legislation for that purpose. ”