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Show -29- compact was exacted subsequently from every other new State having any important navigable waters, until the United States Supreme Court declared the practice unnecessary.°6 The federal Supreme Court decided no controversies between States over water rights, except such as were incidentally involved in boundary disputes, for near- ly a hundred years after the formation of the Union; but there were many early decisions in private litigation depending upon the sovereign powers of the States or the United States, This precipitated a bitter controversy over the interpre- tation of the federal constitution by the Supreme Court which asserted its right to the last word-a claim not fully conoeded by the States until after the War of the Rebellion.67 Although the States were unified only in rebuking the Supreme Court for its first decision conspicuously adverse to states sovereign- ty*"" each State fervidly protested decisions adverse to its own particular inter-* ests.and proceeded to act almost as though the federal constitution had not been written. The legislature of New Hampshire was the first to remonstrate against a decision involving the pre-constitutional admiralty jursidiction of that State;"9 and federal process under a somewhat similar decision was resisted in Pennsylvan- ia by the state militia under orders from the Governor of that State.70 seq., 1864.. 5 Thorpe*s Constitutions, l429 e.t seq., 1868. 5 Thorpe*s Consti- tutions, 1449 et seq., 1879. 5 Thorpe's Constitutions, l471 et seq. nor 1898. 5 Thorpe's Constitutions, 1522 et seq.; but the Constitution of I898. Art. 290, does provide: "Riparian owners of property on navigable rivers, lakes, and streams, within any city or town in this State having a population in excess of five thousand shall have the right to erect and maintain on the batture or banks owned by them, such wharves, buildings and improvements as may be required for the purposes of commerce and navigation, subject . < . (to certain regulations and to the right of the State) . • .to appropriate without compensation such, wharves buildings, and improvements, when necessary for levee purposes.M 5 Thorpe's Constitutions, I58I4.. Louisiana was admitted into the Union in the year 1812* ^ Pollard»s Lessee v. Hagan, 3 How* (U.S.) 212, 223, 11 L. Ed. 565, 571 (181*5); Coyle v. Smith, Secretary of State of the State of Oklahoma, 221 U»S- 559, 31 Sup. Ct. 688, 55 L. Ed. 853 (1911). Herman v. Ames, State Documents on Federal Relations. (Published by ttie Dept. of History of the University of Pennsylvania, Philadelphia, 1906). This work is hereinafter cited as Am.es, State Documents* Chisholm v. Georgia, 2 Dall. (U.S.) 1*19* 1 L» Ed. UL\D (1793), a judicial decision promptly recalled by the adoption of the Eleventh Amendment to the federal constitution. 69 ^Penhallow v. Doane's Adm're, 3 Dall, (U.S.) 5I*, 1 L. Ed. 507 (1795)- Ames, State Documents, 11« 70 ' The decision of the United States Supreme Court in United States v0 Judge Peters, 5 Cranch (U.S.) 115, 3 L. Ed. 53 (1809), under which a federal district court issued a writ for enforcement of an admiralty decree in behalf of one Olmstead, was resisted by a brigade of state militia in Pennsylvania under |
