MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The precise question to be determined in this case is, whether the State of Virginia can prohibit the citizens of other States from planting oysters in Ware River, a stream in that State where the tide ebbs and flows, when its own citizens have that privilege.
The principle has long been settled in this court, that each State owns the beds of all tide-waters within its jurisdiction, unless they have...
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