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Show -26- River Scheldt and" the Meuse just after the outbreak of the French Revolution.57a Both of these contentions were thus independently advanced; within &¦ few months of the same time, in Europe and in America; and both were destined to have a more or less permanent' place in the foreign policy of the United States and of France from that day forth- although quite opposed to the contentions of England.and Spain at the time and to the provisions and implications of the treaties, previously concluded at the Congress of Westphalia in l648« While the new federal government was winning its diplomatic triumph in the opening of the Mississippi River, the States under their reserved sovereignty were negotiating various compacts relating to the improvement of their water- ways and the building of canals, subject to the approval of Congress as re- quired by the constitution. The earliest of these was the Susquehanna River Compact between Maryland and Pennsylvania, with Delaware as a sort of silent partner, its primary purpose being the promotion of the Delaware.and Chesapeake Canal* This Compact was not directly negotiated, but instead was made by legislative acts constituting an offer and acceptance with the implied con- sent of Congress, somewhat tardily given.58 Virginia, Maryland and Pennsylvania later made a similar, but more elaborate compact covering the use of various streams in aid of the Chesapeake and Ohio Canal.59 Pollard's Lessee t, Hagan, 3 How,, (U.S.) 212, 225~226, 11 L. Ed. 565, 572 (181+5), J l Treaty of Amity, Settlement and Limits between the United States and Spain, Febo-22, 1819,'8 Stat. at L. 252, 2 Malloy»s Treaties, I65I. -"aConsult, supra, footnote #7, p. 86. ? Consult the Act of Mar. 35 1825, J4. Stat. at L» I2I4.; and Craig v. Kline, 65 Pa. St. 399, iiDii, 3 Am. Rep. 636. (1870), where the Court said: ''"On the 7th of* December 1799* the legislature of the State of Maryland passed an act to incorporate a company for the purpose of making a oanal between the river Delaware 'and the Chesapeake Bay. The 18th section of that act provides. i:That this law shall be of no force or effect until a law be passed by the State of Delaware authorizing the cutting of the canal aforesaid; and until a law shall be passed by the State of Pennsylvania, declaring the Susquehanna river a public highway, and authorizing individuals and bodies corporate to remove obstructions therein, at a period not exceeding three years from the first of March 1800,* ... On the 19th February 1801, the legislature of Pennsylvania passed an act, declaring that the river Susquehanna, down to the Maryland line, shall be a public highway, any act or law of the Commonwealth notwithstanding. And it shall and may be lawful for the Chesapeake and Delaware Canal Company, or any other body corporate, or individuals, to remove all natural or artificial obstructions therefrom. (3 Smith's Laws> k.6L\.») In 1825, the assent of Congress was given to these acts, and the Secretary was authorized to subscribe money to finish the canal," 59 Consult Act of Mar. 3," 1825, \\ Stat. at L. 101; Chesapeake & Ohio Canal Co. v. Baltimore & Ohio R.R., 1+ Gill & J. (Md.) 1 (I832); Frankfurter & Landis, The Compact Clause of the Constitution-A Study in Interstate Adjustments, (1925) 314. Yale L. J. "685, 736. |