BINNEY'S CASE. 159

vessel itself is built and laden just so as to float upon still water,
unagitated, and without a ripple or wave. All which gives to this
form of transportation a peculiarity of character, which renders it
necessary, that the canal, for which it is alone and exclusively
adapted, should terminate at that point where it 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 navi-
gation, would not only be fitted to encounter the tide navigation
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 Company,
the purpose of which was to open a river navigation, specified, 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 use-
less 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; (w) the Cale-
donian 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 better-
ing of their lands,' from the sea shore into the interior; (x) 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 imme-

(w) Oddy's Commerce, b. 5, c. 3.—(x) Hale de Jure Maris 26, 7 Jac. 1, c, 18.