Stephen Johnson Field

“ After observing that when a river is a boundary between states, as is the Mississippi between Illinois and Missouri, it is the main the permanent-river which constitutes the boundary, and not that part which flows in seasons of high water and is dry at others, the court proceeds, treating the Mississippi river as a common boundary between the states of Illinois and Missouri, to inquire the meaning of the term, 'middle of the Mississippi river,' used in the enabling act of congress and in the constitution, defining the boundaries of the state of Illinois. ”

“ When a river, navigable in fact, is taken or agreed upon as the boundary between two nations or states, the utility of the main channel, or, what is the same thing, the navigable part of the river, is too great to admit a supposition that either state intended to surrender to the state or nation occupying the opposite shore the whole of the principal channel or highway for vessels, and thus debar its own vessels the right of passing to and fro for purposes of defense or commerce. ”

“ It is the free navigation of the river-when such river constitutes a common boundary, that part on which boats can and do pass, sometimes called 'nature's pathway'-that states demand shall be secured to them. ”