Stephen Johnson Field

“ They recognize the full power of the states to regulate within their limits matters of internal police, which embraces among other things the construction, repair, and maintenance of roads and bridges, and the establishment of ferries; that the states are more likely to appreciate the importance of these means of internal communication and to provide for their proper management, than a government at a distance; and that, as to bridges over navigable streams, their power is subordinate to that of congress, as an act of the latter body is, by the constitution, made the supreme law of the land ”

“ Philadelphia a bridge across the Schuylkill river, connecting East and West Philadelphia, had been constructed by authority of the legislature of Pennsylvania. It was without a draw, and prevented the passage of vessels to wharves above it although the river was tide-water and navigable to them, and commerce had been carried on to them for years in all kinds of vessels. ”

“ But, independently of this consideration, we do not think the clause itself requires the construction which the court below placed upon it, and which counsel urges so earnestly for our consideration. That court held that the clause contains two provisions: one that the navigable waters shall be a common highway to the inhabitants of the state, as well as to citizens of the United States; and the other, that they shall be forever free from any tax, impost, or duty therefor ”