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according adjoining admitted appears arms authority banks bathing belong benefit bridge building charter citizens civil claimed colony common law common right Congress considered constitution construction conveyed corporation court covered creeks crown custom decision defendant Duke easement East England entitled erection established evidence exclusive right exercise exist extend fishery fishing flats flows give grant ground held highway individual inhabitants interest islands Jersey Johns judge jurisdiction jury king king's land legislature limits Lord Lord Hale low-water mark Maris Mass navigable rivers navigable waters necessary nuisance obstruction opinion owner oysters particular pass passage patent persons Pick plaintiff ports possession prescription principles private property privilege proprietors public right question referred regulate respect rule says shore soil statute supreme court surrender territory thereof tide tide waters tion town United usage vessels wharf York
cxxxvi ページ - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several states, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
cxxiv ページ - ... and that the States so formed shall be distinct republican States, and admitted members of the Federal Union ; having the same rights of sovereignty, freedom, and independence, as the other States.
62 ページ - If Congress had passed any act which bore upon the case, any act in execution of the power to regulate commerce, the object of which was to control State legislation over those small navigable creeks into which the tide flows...
cxxiv ページ - Virginia inclusive according to their usual respective proportions in the general charge and expenditure and shall be faithfully and bona fide disposed of for that purpose and for no other use or purpose whatsoever.
cxxv ページ - And whenever any of the said states shall have sixty thousand free inhabitants therein, such state shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original states, in all respects whatever, and shall be at liberty to form a permanent constitution and state government...
cxxxv ページ - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the constitution.
cxxxv ページ - Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well to the inhabitants of said State, as to all other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State of Iowa.
xliv ページ - ... whatsoever to the contrary thereof in any wise notwithstanding. In witness whereof we have caused these our letters to be made patent. Witness ourself at Westminster, the twelfth day of March, in the sixteenth year of our reign. By the King, Howard.
cxxv ページ - ... with the same privileges, and in the same manner as is provided in the ordinance of congress of the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the western territory of the United States; which ordinance shall, in all its parts, extend to the territory contained in the present act of cession, that article only excepted which forbids slavery.