...decision entirely upon the absence of any congressional legislation on the subject. Its language was: "If Congress had passed any Act which bore upon the...object of which was to control state legislation over these small navigable creeks into which the tide flows, and which abound throughout the lower country...

...legislation. Thus Chief Justice Marshall declared in the 1829 Black Bird Creek Marsh Co. decision : If congress had passed any act which bore upon the...small navigable creeks into which the tide flows, and which abound throughout the lower country of the middle and southern states, we should feel not...

...be supposed to abridge the rights of those who have been accustomed to use it. But this abridgment, unless it comes in conflict with the Constitution...small navigable creeks into which the tide flows, • • • we should feel not much difficulty in saying that a state law coming in conflict with such...

...power of the United States to regulate commerce with foreign nations, and among the several states.' If Congress had passed any act which bore upon the...small navigable creeks into which the tide flows, and which abound throughout the lower country of the middle and lower states, we should feel not much...

...the state in which the stream was situated. In it the Chief Justice said (p. 252:) "If Congress bad passed any Act which bore upon the case; any Act in...small navigable creeks into which the tide flows, and which abound throughout the lower country of the middle and southern states; we should feel not...

...upon the aforegoing stale of the pleadings and evidence? " If congress," said they, " had patted uny act, which bore upon the case; any act in execution of the power to regulate commerce, the objict if which wi* to conlrnl state Irgitlut'um over those small navigable creeks into which the tide...