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A Treatise on the Right of Property in Tide Waters and in the Soil and ...
Joseph Kinnicut Angell
No preview available - 2015
adjoining aforesaid Alabama arms authority banks bathing belong Bracton bridge Charles the Second charter citizens civil law claimed colony common law common law right common right Commonwealth constitution court of equity creeks crown custom Duke of York easement erection exclusive right exercise flats floating fish grant harbor heirs and assigns held high-water mark highway individual inhabitants Jure Maris jurisdiction jury king king's land legislature letters patent locus in quo Lord Hale low-water mark manor Mass Murcot navigable river navigable waters nuisance obstruction opinion owner oysters pass passage Penn persons Peters U. S. plaintiff plaintiffs in error port premises prescription private property privilege public right purpose question regulate right of fishery right of fishing right of property riparian proprietor river Banne sea-shore shore Sir George Carteret soil sovereign statute supreme court surrender territory thereof tide waters tion town United usage vessels vested wharf wharves
Page cxxxviii - 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.
Page cxxvi - ... 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.
Page 62 - 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...
Page cxxvi - 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.
Page cxxvii - 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...
Page cxxxvii - 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.
Page cxxxvii - 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.
Page xlvi - ... 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.
Page cxxvii - ... 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.