Note 365 — ARTICLE III (continued 2)

5 How. 441 (1847). See also New Jersey Steam Nav. Co. v. Merchants' Bank, 6 How. 344 (1848). Aside from rejecting English rules, Waring v. Clarke did not affect the rule concerning the ebb and flow of the tide, inasmuch as the collision occurred within the ebb and flow of the tide, though within the body of a county. Citing Peyroux v. Howard, 7 Pet. 324 (1833); The "Orleans" v. Phoebus, 11 Pet. 175 (1837); The "Thomas Jefferson," 10 Wheat. 328 (1825); United States v. Coombs, 12 Pet. 72 (1838).