RIVER. A natural stream of water flow ing betwixt banks or walls in a bed of con siderable depth and width, being so called whether its current sets always one way or flows and reflows with the tide. Woolrych, Wat. 40 ; 16 N. H. 467.
2. Rivers are either public or private. Public rivers are divided into navigable and not naviga,ble,—the distinction being that the former flow and reflow with the tide, while the latter do not. Both are navigable in the popular sense of the term. Angell, Tide-Wat. 74, 75 •, 7 Pet. 324 ; 5 Pick. Mass. 199; 26 Wend. N. Y. 404 ; 4 Barnew. & C. 602 ; 5 Taunt. 705.
At common law, the bed or soil of all rivers subject to the ebb ,and flow of the tide, to the extent of such ebb and flow, belongs to the crown ; and the bed or soil of all rivers above the ebb and flow of the tide, or in which there is no tidal effect, belongs to the riparian proprietors, each ovvning to the cen tre or thread,—ad filum aquce,whieb see.— where the opposite banks belong to different persons. A.ngell, Tide-Wat. 20 ; Dav. Dist. Ct. 149 ; '5 Barnew. & Ald. 268. In this country the common law has been recognized as the law of many of the states,—,the state succeeding to the right of the crown, 4 Pick. Mass. 268 ; 26 Wend. N. Y. 404; 31 Me. 9 ; 1 Halst. N. J. 1 ; 2 Conn. 481; 2 Swan, Tenn. 9 ; 16 Ohio, 540 ; 4 Wisc. 486 ; but in Penn sylvania, North Carolina, South Carolina, Iowa, MississiPPL and Alabama, it has been determined that the common law does not prevail, and that the ownership, of the bed or soil of all' rivers navigable for any esef'ul purpose of trade or agriculture, whether tidal or fresh-water, is in the state. 2 Binn., Penn. 475 ; 14 Serg. & R. Penn. 71 ; 3 Ired. No. C. 277 ; 1 M'Cord, So. C. 580 ; 3 Iowa, 1 ; 4 id. 199; 29 Miss. 21 ; 11 Ala. 436. At comnion law, the ownership of the crown extends to high-water mark, Angell, Tide-Wat. 69-71 ; Woolrych, Wat 4337450 ; 3 Barncw. & Aid. 967 ; 5 id. 268 ; and in several states of thiS country the common law has ,been followed; 12 Barb. N. y. 616 ; Dutch. N. J. 525 ; 3 Zabr. N. J. 624 ; 6 Mass. 435 ; 7 Cush. Mass. 53 ; 14 Gray, Mass. ;- 7 Pet.324 ; 3 How. 221 25 Conn. 346 ; but in others it has been modified by extending the ownership of the ripa4an proprietor, subject to the servitudes of navi gation and fishery, to low-water mark, 28 Penn. St. 206 ; 1 Whart. Penn. 124 ; 2 id. 508 ; 4 Call, Va. 441 ; 3 Rand. Va. 33 ; 14 B. Monr. Ky. 367 ; 11 Ohio,. 13$ : unless these decisions may be explained as a,pply ing to fresh-water rivers. 2 Smith, Lead. Cas. 224.
3. In England, many rivers originallYpri7 vate have become public, as regards the right of navigation, either by immemorial use or by acts of parliament. Woolrych, Wat. 40.
In this country, all rivers, whether tidal or fresh-water, are, of common right, navigable highways, if naturally capable of use for the floating of vessel% boats, rafts, or ev,en logs, or ,‘,‘ whenever they are found of sufficient Capacity te float the producte of the, mines, the forests Or the tillage of the country thr6i.igh-irli'ich they flow, to market." 8 Barb. N. Y. 2g9,; 18 id. 277 ; 31 Me. 9 ; 42 id. 552; 20 John% N.••Y. 90 ; 3 N. H.,321 10 Ill. 351 ; 2,Swan, Tenri.'9 ;•- 2' Mich. 519'; 5' Ind. $. , The state 'has the right to imp,rove all 'Buell rivers, and to regulate them by lawful en actments for• the public, godd. 4 Rich. So. C. 69 ;'31 Me, 361 ; 5 Ind, 13 ; 29 Miss. 21. Any obstructiOn .of them , Without .legislative au thority is a nuisance, and any person having occasion to use the river May abate: the same, or. if injured thereby, May receive his dam ages from its author. Angell, Tide-Wat. 111-123 ; 28 Penn. St. 195 ; 4 Wisc. 454 ; 4 Cal. 180; 6 Cow. N. Y. 518 ; 10 Mas% 70 ; 5 Pick. Mass. 492 ; 4, Watts, penn. 437. And see 13RIDGE. By ordinance of 1787, art. 4, relating to the northwestern territory, it is provided that the navigable waters lead ing into the Mississippi and St. Lavvrence, and the carrying-places between the same, shall be common highways and forever free. 3 Story, U. S. Laws, 2077 ; 29 Miss. 21 ; 2 MiCh. 519'. • Rivers, when naturally, unfit for public use, tie above described, are called private rivers. They. are the private property of the ripa rian preprietors, and cannot be appropriated to public use, as highways, byAeepening or improving their ohannels, ;without 'compensa tion to 'their Owners. 16 Ohio, 540'; 26 Wend. N. Y. 404; '6' Barbi. -N. Y. '265; 18 id. 277'; 8 Penn. St. 379; 10 Me. 278; 1 M'Cord, So. C 580. And SCS WATER-COURSE.
4. A river, then, may be considered—as private in the case of shallow and obstructed streams ; as private property, but subject to public use, when it can be navigated ; and as public, both with regard to its use and pro perty. Some rivers possess all these qualities. The Hudson is mentioned as an instance : one part it is entirely private property; in another, the public have the use of it ; and it, is Public property from the mouth as high up as tlie tide flows. 'Angell, Wat-donr. 205, 206 6 Barb. N. Y. 265. See, generally, La. Civ,'Code, 444; Bacon, Abr..Pretogatives (B3); Jacobsen, Sea Laws; 3 Kent, Comm. 411-4.39; Woolrych, Waters; Schultes, Aquatic Riglats; Washburn. Real Prop. ; Cruise, Dig. Green leaf ed. ; BOUNDARIES.