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the dry laud, but as part of it. One who owns land to.
river owns to the middle of the channel. Upon, the same
principle, if one State has the territory on both sides the
whole river belongs to her. Nor does it make any differ-
ence how large or bow small the body of water is. The
Romans called the Mediterranean dare Nostrwn, because
her territory surrounded it on all sides. This construction
applies with equal certainty to every kind of title, whether
it be acquired by express concession,, by lawful conquest, or
by the long continuance of a possession which at first may
have been but a naked trespass. In the last case the silent
dereliction of the previous proprietor implies a grant of his
whole right as fully as if it had been given by solemn
treaty.
A few observations upon the several sections of the
broken line which we adopt in place of the straight line of
the charter will suffice to apply the principles we have en-
deavored to set fortb.
We run to Sassafras Hammock and from that to Horse
Hammock, because we cannot in any other possible way
give Virginia the part of Smith's Island to which she shows
her right by long possession.
We go thence to the middle of Tangier sound and from
thence downward we divide Tangier sound equally be-
tween the two States, because the possession of Virginia
to the shore is proof of a title whose proper boundary is
the middle of the water. We give Maryland the other
half of the sound for the same or exactly a similar reason,
she being incontestably the owner of the dry land on the
opposite shore.
The south line dividing the waters stops where it inter-
sects the straight line from Smith's Point to Watkins
Point, because this latter is the charter line, as modified by
the compact, and Maryland has no rights south of it.
Prom that point of intersection to Watkins Point we
follow the straight line from Smith's Point. there being
no possession or agreement which has changed it since
Lf8b.
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