BINNEY'S CASE.—2 BLAND. 149

meets the marine navigation; since the merchandise cannot, as in
the case of river navigation, reach the port, unless the canal be
extended to that point, otherwise than by transhipment into other
vessels, or by land transportation.

Hence it is obvious, that a boat, properly prepared for river
navigation, would not only be fitted to encounter the tide naviga-
tion from the port to the very foot of the falls, but that portion of
her voyage would be, in all respects, the safest and easiest. And,
therefore, it was, that the Act incorporating The Potomac Com-
pany, the purpose of which was to open a river navigation, spe-
cified, that improvements should commence "above tide water.''
But to a proper canal boat the tide water portion of her voyage
would be the most perilous, or require a preparation and out-fit
entirely useless through all the rest of her passage. There is,
therefore, no just foundation for the position assumed in the
argument, that the same termination on tide would be alike well
adapted to these two different modes of navigation.

There are many canals which facilitate marine navigation, or in
an indirect manner contribute largely to the gathering together
commodities for foreign commerce, which are, however, in their
general character, and in the objects of their terminations very
unlike the one under consideration of the canals of this descrip-
tion are those which have been constructed as thoroughfares, for
sea vessels, from one sea or bay to another, across a long narrow
peninsula. Such as the Canal of Kiel, in Denmark: Oddy's Com-
merce,b. 5, c. 3; the Caledonian Canal, the Forth and Clyde Canals
of Scotland; and the Chesapeake and Delaware Canal of our own
country. There are, in England, several canals, which have been
constructed solely for the purpose of transporting sand, sea-weed
and shells, "for bettering of their lands," from the sea shore into
the interior; Hale de Jure Maris, 26; 7 Jac. 1, c. 18; the terminations
of which have no concern with marine navigation. In the Island
of Great Britain there are, besides a great number of canals, from
coal mines and quarries to towns; and from one city to another.
These and all such lines of canals, furnish no* immediate
illustration of the point under consideration, further than, 160
as the numerous instances in which they have been continued by
tunnels through high ridges, where water could be had to supply
the summit level, shews, that it has been universally, and every
where found necessary to continue the canal line of transportation
unbroken and without the least interval, where it was at all practi-
cable to do so, even at the greatest expense.

The great object of The Chesapeake and Ohio Canal is to facili-
tate the transportation of the productions of the interior of our coun-
try to the "tide-water of the River Potomac in the District of Co-
lumbia;" and, consequently, those canals only, of other countries,
and places, which have a similar object in descending from the in-