162 BINNEY'S CASE.

all of them, which have been, in any manner, intended to contribute
to the marine commerce of the nation, have not merely been carried
to and immediately connected with the very first safe tide-navigation
to be found; but have been conducted down into the very ports
themselves. The ports of a nation are its great gates; and there-
fore all canals have gone there to meet, assist in, or contribute to
the commerce of the country. And in order, that this may be
effected to the greatest advantage to all, it is essentially necessary,
whatever may be the cost, as well, that the sea vessel should be
enabled to have access to and make a port at the city or great
commercial depot itself; without any break in the continuity of her
voyage, as that the canal vessel should also be enabled, without
any interruption in her course, to meet the sea vessel in the same
port or pool, and interchange cargoes with her.

The propriety of extending a canal along parallel with, and near
to tide water navigation has often been a matter of doubt, and, in
some instances, it has been made a subject of ridicule. The South-
ampton and Salisbury canal of England, passes for some miles
along the bold deep tide of the Southampton water, into the very
port of Southampton itself. From its skirting along close to the
shore of that river it was, that that facetious satirist Peter Pindar
took occasion to burlesque 'Southampton's wise sons.' But not-
withstanding doubt and ridicule, the propriety and necessity of
conducting canals of this description into the very port itself, has,
in Great Britain, been practically demonstrated in the most satis-
factory and conclusive manner; and become established as the
settled common law of can ailing.

But it may be said, that although, in Great Britain, it may be
considered by all as essentially necessary, that the canal and marine
navigation should be conjoined in the port itself; yet unless it shall
appear, that such has been also considered in this country, as the
principle upon which such a canal should be terminated, there can
be no presumption, that the legislators who passed this act of incor-
poration so understood the matter; or spoke of a canal the termi-
nation of which must be in a port. To shew what was the
universal understanding in this country, in relation to this matter,
a few instances will be sufficient.

The great Erie canal of New York, in descending easterly, after
receiving the Champlain canal, passes close along side of the tide
of the North river, in which there is good sloop navigation, for a
distance of seven miles, to Albany, where it terminates in a basin,