The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-08-07
THE rTRGryra OYSTER CASES.
The Right OF Each state to the Tidewaters
within its Jurisdiction.

WASHINGTON, Aug. 6--Chief Justice Waite
to-day delivered the opinion of the Supreme
Court in the Virginia oyster cases. the precise
question to be determined being whether the
State of Virginia can prohibit the citizens OF
other States from planting oysters in ware
river stream in that State where the tide Gibbs
and flows. when its own citizens have that priv
ilcgc. Tho Chief Justice says:
The principle has long been settled In tins court that
each State owns beds all tide waters within lis
Jurisdiction, unlcs, they have been arnntcd away Ut
and the n'h IN them 50 tar as they arc capable OF owner
sn. T n.ori" nd de- xxx IL the nj thc nednc
IN their united sovereignty The ute thus held Is sub
s,to "onmerce has been Granted {" IN" pnit"d state
The histories These rmain under tho exclusive control
discretion to appropratc is dc waters and their beds
,eu"s Xxx so ar AZ may b" DON" wiihoa, osirGc ing
NAVIGATION such an APPROPRIATION Is IN effect nothing
common property The right which the people Of the
but IRON Their ctlcnship and property combined II -
In fact property riet and not mere privilege or I'M
Sy article ior section two, Of the Consultation The c
nunt ' o linn Che sevcf,i state Mr Justice
Washington, in cordcld agt corycii. 4 Wash c 9,
only 10 such nIivlssSs ana mmqwues c,"ss are
rsht. TO the citizens OF all iree Goycrnnyrt..'
aud Mr. Justice curtis. in Scott agt sanford ~ How
lcnship but usually, when this provision of The Con
manifested the disposition. which this court did IN Conner
ast Elliott, y How 500 not 70 attempt TO dsnne the
mn,t ~ ac ear npon NieW o. We Arn'. w., tis t
course to pursue when 20 The language Of Mr. Justice
Curtis In Conner agt Elliott We are dealing WIN 20
broad provision. involving matters not only OF tr'at
d,sacy amt mpGrane, h9' whif ar, OF ~, cnH'Ig
correct and failure to MAKE II so would cer'nnly pro-
folowins then ,hi. sautary rule and looking only to
the parr ular r.ht which i here asserted We think We
vested by ihi, claus Of ,ic CONSTITUTION with any in
so II RS cgmmg Toer r ct ' f nr 5 4, c Of
her once vast public domain. AMI division OF thc pro.
woad conicnd that he cujen. o anothcf state had q
cg9iu,ntiena rs1i to the Of ,,. @
state had appropriated the same property 10 be- u~ ~
could tio ciulcns other States avail themsrl,r- 81
such puNi.csc And the reason B. ohvion'. the rsht
,h9, sranicd .s n" rn'irse "r immunity oi s.n a..
| iu OF special ciinnshp u docs u nclug w ,ishi ~
IN. of Virginia. ON account ~ tho pee uiar Circumstance
- which ne, are placed They ant ihgy sl"ne 9N1fi
power to d,-rcsc Of It as they saw ~ They Owned u,
and domici. united ,hat 60 .aS. b, virtue OF citizen
The planting OF oy-tcrsi the ,on covered by water,
owned In common hv the people ui the state = not 90
cuIvation and pfoa, ana If h. STATE In The regulation
elusive nj dr., land- We see no reason why II NM,
b, water AMI Il. an couc,ic that may grant ie
mu rr,art IN, nv n"1 m 40 follow thn
itmsh by appropriate 'sislauun conunc the use of The
Neither do think ihi. l. NJ all affected by mo
clause of tn Constitution which ooniefs power on Con
rrr-s tn ulnfc commerce Aft J. There nt
question oi transportation ct ~ .hau-c col uuuylucs
tut only of guilty ana production. Cuwmcrc, lu
nothing to du With land while producing hut only viii
the rruluct ~ has become the subject ut trade
Nirgina. owning land under water adapted 90 the pros
CATION amt improvement ui oyster has seen NJ Ia gran
the exclusive U.s. ct Dr. Tor That purpe g. the ciu1us
TIE stat In ma, way the people oi Virginia may l'
enabled tn produce what the people tie uf.rr STATE
cannot hui that be- they own property which me
other. do Their productions do not sprinz iron
CONNER rec, but commerce 10 some Nicnt rom them
", unable to agree with tie counsel Tor the plain
un In his argun, NJ. that Tire right of lAuuu
hf enforced privilege Of inter state titil ush
even though that Of taking cannot Planting means. II
uystr riuau- Ihrasculu-N ascoun.el say 'ruslun
WITT the intent that the ot si'r- shall remain un tie
attcn.d The object l.. therefore. 10 make Use q
the and the above the iupfuNt
growth OF that which l. planted II j. This use, ~ ha
already A. that the has the right ny
it, ownership. 10 prohibit The judgme nj II aiinnct