of  so  ancient  and  uninterrupted  a  possession  and  so^^-^,^^^  g^^^^
long  an  enjoyment  it  will  be  held  to  be  evidence  of  ^•*^»®  *^^»  ^^-


2g4  BUNDLE  VS.  THB  DELAWAKB  AKD  BABITAN  CAKAX^

^'""•j J5^***«'  a  grant,  or  of  a  right  as  good  as  grant    We  claim

•  by  prescription  for  between  seventy  and  eighty

5|ppint,  years.     Twenty  years  are  enough  for  presumption

1771.  of  a  grant.*

^PS'^^yj^^^iJ'T'     But  even  if  the  act  of  1771  had  never  been  passed

6  Bast  208 ;  Bal-  .  1

??"^  ^r"f««»<^»  we  deny  the  right  of  New  Jersey,  or  its  creatures
Tyierv.  \^iikin.or  agcnts,  to  dfatu  the  Delaware  of  its  ^at^rs.     In

•on,  4   MHSon,  °.  •  /.      •    i

402;  Height  v.  the  rivcr  there  is  a  community  of  nghts,  interests

Mump  (  anaJ,  4  ^  °

Waahinpon 607;  and  privileges.     The  waters  are  indivisible.     Both

eaRea.allofihem,  ^  ,     ,  ,      ,

relating  to  the  Statcs  hold  them,  all  and  every  part  of  them,  **p^

enjoyment  of  wa-  ,  ./    »  «

ters.  my  and  per  tout^'^  in  trust  as  a  publick  highway  for

New  Jersey  no  ^^^^  benefit  of  the  citizeus  of  the  Union.     Neither
right  to  withdraw  gjg^^g  has  a  right  to  impair  the  navigation  in  any  de-
gree.    The  withdrawal  of  water  to  any  appreciable
amount  impairs  the  navigation,  and  the  amount  here
is  clearly  appreciable,  for  it  has  confessedly  injured
For  the  plaintiff,  the  plaintiff's  mills.     The  navigation  may  not  be

practically  injured  now.  Boats  which  now  navigate
might  still  navigate  in  a  stream  of  half  the  size.
