McCready v. Virginia
Supreme Court of the United States
Ebbok to tbe Supreme Court of Appeals of tbe State of Virginia.' MeCready, a citizen of Maryland, was indicted, convicted* and fined $500, in tbe Circuit Court of Gloucester County, Va., for planting oysters in Ware River, a stream in wbicb tbe tide ebbs and flows, in violation of sect. 22 of the act of the assembly of Virginia approved April 18, 1874, c. 214, p. 243, Sess.-Acts 1874. That section is as follows : — “ If any person other than a citizen of this State shall…
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Ebbok to tbe Supreme Court of Appeals of tbe State of Virginia.' MeCready, a citizen of Maryland, was indicted, convicted* and fined $500, in tbe Circuit Court of Gloucester County, Va., for planting oysters in Ware River, a stream in wbicb tbe tide ebbs and flows, in violation of sect. 22 of the act of the assembly of Virginia approved April 18, 1874, c. 214, p. 243, Sess.-Acts 1874. That section is as follows : — “ If any person other than a citizen of this State shall take or catch oysters or any shell-fish in any ryannei, or plant oysters in ’ the waters thereof, or in the rivers Potomac…
1Opinion of the Court
Ms, 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 been granted away. Pollard's Lessee v. Hagan, 3 How. 212; Smith v. Maryland, 18 How. 74; Mumford v. Wardwell, 6 Wall. 436; Weber v. Sarbor…
2Cases cited4 opinions
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Smith v. MarylandSupreme Court of the United States · 1855
- Conner v. St. John ElliottSupreme Court of the United States · 1856
- Mumford v. WardwellSupreme Court of the United States · 1867
3Cited by261 opinions
- Graham v. RichardsonSupreme Court of the United States · 1971
- Truax v. RaichSupreme Court of the United States · 1915
- Lawton v. SteeleSupreme Court of the United States · 1894
- Shively v. BowlbySupreme Court of the United States · 1894
- Toomer v. WitsellSupreme Court of the United States · 1948
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