as to navigable rivers narrowed by De Jure Maris

the true, as to navigable rivers

Section

39

14, 15

31

31

33

34

35-38

39

36

293

310

right to a public, may be gained by prescription.

is not an incident to land

may be owned by one not an owner of adjacent land
when termini of, a public road.

State can create rival ferries, unless charter exclusive in
terms

when entirely within a State, Congress no power to
require a license

FERRYMAN,

328, 329

arising in navigable rivers, belong to the State
rule in England as to, arising in navigable waters
case of Jones v. Soulard discussed

L.

LAW OF NATIONS,

attempt to trace the distinction of navigability by the

tide to .

LANDS, PUBLIC,

extent of

grants of, limited by mathematical lines

LEGISLATIVE ACTION,

of the States in relation to navigable rivers

of Alabama

of California

of Connecticut

of Illinois

of Indiana

of Georgia

of Louisiana

of Maryland
of Michigan

of Mississippi.
of New Jersey

of New York

of Pennsylvania

of South Carolina

of Tennessee

of Virginia.

of Wisconsin

of Congress, uniform

on admission of Illinois.

78

130

139, 140

84

92

93

94

103

100

91

98

99

96

97

90

85

86

87

102

89

101

105, 148

103

Section

104

105

118

83

121, 122

148

150

148, 150, 170

7

59, 182

183

185

Walker's construction of acts of Congress

ad medium filum doctrine not applicable in

extending right of riparian proprietor to

no foundation for this rule in Common Law

Handley's Lessee v. Anthony, cited and explained

provisions of the original act of Congress for

when variations allowed

provisions for the perpetuity of

how re-established

cannot be varied from original

system discussed by the Alabama Supreme Court

129

130, 131, 137

132

133

136

138

137

139

140

141

142

143, 163

151-154

156

162

164

165

167

168

251-257

14, 15, 23

public user most unfailing test of a, even in England
Lord Mansfield's views.

an act of Parliament will not, of itself, make a
conflict between Bracton and De Jure Maris
definition in Bracton's day.

title to bed of, in England, in Crown

rule of England as to, cannot be rule in United States.
general error in the United States

Taney's expositition of the subject

rule in Mississippi, attempt to trace the rule to the law

of nations

rule in Indiana not clear

rule in New-England States in conformity with the

how it affects the rights of the States to allow bridges. 188-199

inalienable .

PURPRESTURE,

definition of a .

PRIVATE RIVERS,

when made navigable at public expense, are juris publici
different when made passable at private expense.
right of private property not divested

PUBLIC LANDS,

in North and South-west, held in trust.

PUBLIC RIGHTS,

when attach to a private river.

abated or seized by information

40, 42

40

42, 44

123

28

40, 42

300, 307

303

if made a, by the destruction of an intervening estate .

1

1

2

3, 16

3, 16

5

6

12

40, 42

152-163, 259

162

258

258 n. 1