This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ...further on in our remarks, again to consider and call attention to his views in this respect. The case of Martin vs. Waddell1 involves a question of public law of so much interest, and was presented with so much force, both in the arguments of the distinguished counsel in the cause as well as in the opinion of the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ...further on in our remarks, again to consider and call attention to his views in this respect. The case of Martin vs. Waddell1 involves a question of public law of so much interest, and was presented with so much force, both in the arguments of the distinguished counsel in the cause as well as in the opinion of the court delivered by Chief-Justice Taney, and in the dissenting opinion of Justice THOMPSON, that I do not feel justified in passing it by. It arose under a conflict between two alleged grantees from the State of New Jersey, of certain mud-flats covered by the waters of the Bay of Amboy. From several propositions asserted in the judgment of the court, the following may be selected as sufficiently indicating the nature of the controversy, and the line of judicial reasoning adopted and leading to the conclusions reached: 1. The right of the king of Great Britain to make a grant of the soil beneath the navigable waters of Raritan River and Bay, where the tide ebbs and flows, included in the territory of the colony granted to the Duke of York, cannot, at this day, be questioned. 2. When the Revolution took place, the people of each State became sovereign, and held an absolute right to their navigable waters and the soil under them, subject only to the rights since surrendered to the General Government. Grants, therefore, made by the States must be tried and determined by different principles from those 1 16 Peters, 307. which apply to grants of the British Crown, which are construed strictly. 3. While rivers, bays, and arms of the sea undoubtedly passed to the Crown's grantee, yet the public and common rights of fishery in navigable waters required very plain language to be included in the grant under the charter to the Duke of York. 4. The land under t...
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