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As examples of his judicial ability, I may instance his examination of the whole structure of our State and Federal Government in the case of Delafield against the State of Illinois, where the question came up whether an individual could sue a State; his survey of the whole law of marine insurance and the principles on which it is founded, in the case of the American Insurance Company against Bryan; his admirable statement of the reasons on which rests the law of prescription, or right established by usage, in the case of Post against Pearsall; his exposition of the extent of the right which in this country the owners of land on the borders of rivers and navigable streams have in the bed of the river, in Kempshall's case a masterly opinion, in which the whole Court concurred.
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