136 BINNEY'S CASE.

lie good, are certainly not such causes as can alone justify the
exercise of the government's power of eminent domain over the pro-
perty of any one. (v) And therefore it was, that no power was
given by this law to have any private property condemned for the
use of any mill, or to subserve the purpose of any water-works,
which any individual, for his own private emolument, might be
willing to associate with the canal to be constructed by The Poto-
mac Company. The additions, to the specified canal, for all such
purposes, were to be obtained by reasonable agreements; and in
no other manner whatever; if they could be conveniently made in
that way to answer both purposes, this section allowed it to be
done; if not, no condemnation was to be suffered at any time, for
any such purpose.

But supposing the right to condemn granted to this corporation,
it must have been intended to provide for the erection of mills in
connexion with the canal. Then it is evident, that both purposes
must be comprehended in the original formation of those canals ;
and the acquisitions of the company for that purpose. The law no
where, by any express words, or by any fair construction, autho-
rises the company to make any new and additional acquisitions
along the line of navigation formed by them, even for the purpose
of that navigation; much less for mills, or any other, or additional
purpose. But the erection of mills, to which the canal is made
tributary, as a head race, necessarily requires the 'making large
canals, capable of carrying such quantities of water as may be
sufficient for both purposes;' and, consequently, if they have not
originally that capacity, they must be enlarged before mills can be
supplied from them.

This canal, it is admitted on all hands, has no more than the
specified dimensions of the required navigable canal; and, there-
fore, if the plaintiff's claim is to be gratified to any extent whatever
the canal must be enlarged; and its capacity for carrying an ade-
quate additional quantity of water provided for in some way.
This, I apprehend, can only be effected by additions, in one of
three modes; by adding to its width, to its depth, or to its height.
We have only to cast an eye over the plots filed in this case, to
see, that if it is to be widened, the corporation must, for that pur-
pose, acquire an additional breadth of land on one or on each side.

(v) Vattel, b. 1, c. 20, s, 244