“ It is manifest that the first is the primary question. If the appellants did not derive the rights contended for by the patents, they have no rights to be impaired, even assuming, as we have assumed in this discussion, that the action of the state has proceeded far enough to be a trespass upon or an impairment of them. But whether such rights passed involves the construction of the acts of Congress under which the patents issued, and, necessarily, of the effect of the patents, and presents a Federal question, if prior decisions have not defined such rights and removed them from controversy. ”

“ The issue, therefore, was accurately presented between a title under a patent of the United States and one conveyed by a state in the exercise of its dominion over lands below high-water mark. The issue in the case at bar is exactly the same. But a distinction is pointed out, and on that distinction appellants' contentions and arguments are based. ”

“ The appellants are citizens of the state of Washington, and rely, therefore, upon the eixstence of Federal questions to sustain the jurisdiction of the circuit court. These questions are asserted to be (and we give the language of counsel) : ' (1) the validity and effect of the several patents of the United States in respect to the claim of ownership thereunder, as set forth in the bill of complaint ”