have made a declaration of war, or actually commen→ ced hostilities against the said states, or from whom the United States in congress, shall apprehend hostile de◄ signs against the said states; provided information thereof shall have been previously received by the executive from congress: And that in all such cases, the governor, with the advice of the council of state, shall, and he is hereby empowered, to send for the person and papers of any foreigner within this state, in order to obtain such information as he may judge necessary. All sheriffs and jailers shall receive such suspicious persons whom, by warrant from the governor they shall be commanded to receive, and them in their prisons or custody detain, or transport out of the commonwealth, as by such warrant they may be commanded. And all others the good citizens of this commonwealth, shall be aiding and assisting in apprehending, securing or transporting any such suspicious person, when commanded by warrant or proclamation of the governor, or required by the sheriff or jailer to whose custody such suspicious persons may have been committed. Every person acting under the authority aforesaid, shall be indemnified from all suits to be commenced or prosecuted for any action or thing done by virtue thereof, and may plead the general issue, and give this act in evidence: Saving always to the merchants of any foreign state. betwixt whom the United States of America war shall have arisen, and to their families, agents, and servants, found in this commonwealth at the beginning of the war, the privileges allowed by law.

CHAP. XVI.

An act for regulating and fixing the salaries of the officers of civil gov

ernment.

1. WHEREAS the salaries allowed by law to the officers of civil government, have been found to ex

ceed a proper and adequate compensation for their services.

II. Be it therefore enacted, That from and after the first day of November next, the several officers herein after mentioned, shall receive for their salaries, in quarterly payments, after the same shall have been audited according to law: To the governor or chief magistrate, Governor. the sum of eight hundred pounds: To the members of Councillors: the privy council, the sum of two thousand pounds, to be divided amongst them according to their attendance: To each delegate of this commonwealth in congress, Delegates tó the sum of six dollars per day while attending on, trav- congress. elling to, and returning from congress: To the attor- Attorney geney general, the sum of two hundred pounds per an- neral num: To each auditor of public accounts, the sum of Auditors. Solicitor ge three hundred pounds per annum: To the solicitor neral. general, the sum of three hundred pounds per annum: To the speaker of the senate, the sum of twenty shil- Speaker of lings per day, during each session of assembly, includ- senate. ถึง ing his daily pay: To the speaker of the house of del house of del Speaker of egates, the sum of forty shillings per day, in like man- egales. ner: To the clerk of the general court, for his ex of- Clerk of general court. ficio services, the sum of fifty pounds per annum: To Register of the register of the land-office and his clerks, the sum of land office. eight hundred pounds per annum: To the deputy re- Deputy regis. gister, two hundred pounds per annum: To the trea- Treasurer. surer, the sum of five hundred pounds per annum: To Clerks to the first clerk of the treasury, the sum of one hundred treasurer. and fifty pounds per amium; and to each of the other Auditors and clerks of the treasury, auditors, and solicitor-general, the sum of one hundred pounds per annum: And to Keeper of the keeper of the public jail, the sum of one hundred public jail. pounds per annum,

An act to approve, confirm, and ratify the compact made by certain commissioners appointed by the general assembly of the state of Maryland and commissioners appointed by this commonwealth.

28 VOORZA "Y. WHEREAS, at a meeting of the commissioners Compact be tween Mary, appointed by the general assembly of the state of Ma land and Vir ryland and Virginia, to wit: Daniel of St. Thomas Jeginia,as to na mifer, Thomas Stone, and Samuel, Chase, esquires, on vigation, and the exercise the part of the state of Maryland, and George Mason of jurisdic and Alexander Henderson, esquires, on the part of the tion on the state of Virginia, at Mount-Vernon, in Virginia, on waters of Chesapeake the 28th day of March, in the year one thousand seven bay and Po hundred and eighty-five, the following compact was comoke river mutually agreed to by the said commissioners:

First. The commonwealth of Virginia disclaims all right to impose any toll, duty, or charge, prohibition or restraint, on any vessel whatever sailing through the 1989 capes of Chesapeake bay to the state of Maryland, or od from the said state through the said capes outward Leon bound; and agrees that the waters of Chesapeake bay, sudane and the river Pocomoke, within the limits of Virginia,

be forever considered as a common high-way, free for 769 the use and navigation of any vessel belonging to the tie said state of Maryland, or any of its citizens, or carrymod,anzania? jug on any commerce to or from the said state, or with Fing any of its citizens; and that every such vessel inward or

outward bound, may freely enter any of the rivers within the commonwealth of Virginia as a harbour, or for safety against an enemy, without the payment of port duties, or any other charge; and also, that the before mentioned parts of Chesapeake bay, and Pocomoke river, be free for the navigation of vessels from one part of the state of Maryland to another.

Second. The state of Maryland agrees that any vessel belonging to the commonwealth of Virginia, or any of its citizens, or carrying on commerce to or from the said commonwealth, or with any of its citizens, may

freely enter any of the rivers of the said state of Maryland as a harbour, or for safety against an enemy, without the payment of any port duty, or other charge.

Third. Vessels of war, the property of either state, shall not be subject to the payment of any port duty or other charge

Fourth. Vessels not exceeding forty feet keel, nor fifty tons burthen, the property of any citizen of Virginia or Maryland, or of citizens of both states, trading from one state to the other only, and having on board only the produce of the said states, may enter and trade in any part of either state, with a permit from the na val-officer of the district from which such vessel departs with her cargo, and shall be subject to no port charges.

Fifth. All merchant vessels (except such as are described in the fourth article) navigating the river Po towmack, shall enter and clear at some naval office on the said river, in one or both states, according to the laws of the state in which the entry shall be made. And where any vessel shall make an entry in both states, such vessel shall be subject to tonnage in each state only in proportion to the commodities carried to, or taken from, such state.

Sixth. The river Potowmack shall be considered as a common highway, for the purpose of navigation and commerce to the citizens of Virginia, and Maryland, and of the United States, and to all other persons in amity with the said states, trading to or from Virginia or Maryland.

Seventh. The citizens of each state respectively shall have full property in the shores of Potowmack river adjoining their lands, with all emoluments and advan tages thereunto belonging, and the privilege of making and carrying out wharves and other improvements, so as not to obstruct or injure the navigation of the river; but the right of fishing in the river shall be common to and equally enjoyed by the citizens of both states. Provided, That such common right be not exercised by the citizens of the one state, to the hindrance or disturbance 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.

Eighth. All laws and regulations which may be nedessary for the preservation of fish, or for the perform

ance of quarantine, in the river Potowmack, or for preserving and keeping open the channel and naviga tion thereof, or of the river Pocomoke, within the limits of Virginia, by preventing the throwing out ballast, or giving any other obstruction thereto, shall be made with the mutual consent and approbation of both states. Ninth Light houses, beacons, buoys, or other necessary signals, shall be erected, fixed, and maintained upon Chesapeake bay, between the sea and the months of the rivers Potowmack and Pocomoke, and upon the river Potowmack, at the expence of both states. If upon Rotowmack river, at the joint and equal charge of both states; and if upon the before mentioned part of Chesapeake bay, Virginia shall defray five parts, and Maryland three parts of such expence; and if this proportion shall in future times be found unequal," the same shall be corrected. And for ascertaining the proper places, mode, and plans for erecting and fixing light houses, buoys, beacons and other signals, as a foresaid, both states shall upon the application of either to the other, appoint an equal number of commissioners, not less than three nor more than five from each state, to meet at such times and places as the said commissioners or a major part of them, shall judge fit, to fix upon the proper places, mode, and plans for erecting and fixing such light houses, beacons, or other sig pals, and report the same, with an estimate of the expence, to the legislatures of both states, for their approbation.

T

Tenth. All piracies, crimes, or offences committed on that part of Chesapeake bay which lies within the limits of Virginia, or that part of the said bay where the line of division from the south point of Potowmack river (now called Smith's Point) to Watkins's Point, near the mouth of Pocomoke river, may be doubtful; and on that part of Pocomoke river, within the limits of Virginia, or where the line of division between the two states upon the said river, is doubtful, by any persons not citizens of the commonwealth of Virginia, against the citizens of Maryland, shall be tried in the court of the state of Maryland which bath legal cognizance of such offence. And all piracies, crimes, and offences committed on the before mentioned parts of Chesapeake bay and Pocomoke river, by any persons not citizens of Maryland, against any citizen of Vir