The alleged consequence was that the water was rendered so shallow that it ceased to be useful for vessels of an important burden, lost its income, and became of little or no value as a wharf. The question of their application to States is not left to construction. If these propositions be correct, the fifth amendment must be understood as restraining the power of the General Government, not as applicable to the States. He insists that this amendment, being in favor of the liberty of the citizen, ought to be so construed as to restrain the legislative power of a state, as well as that of the United States. Both the Federal and State government must preserve and protect an individual’s human rights and liberties; this includes fair, respectful, and ethical treatment devoid of undue violence and harm. Had Congress engaged in the extraordinary occupation of improving the Constitutions of the several States by affording the people additional protection from the exercise of power by their own governments in matters which concerned themselves alone, they would have declared this purpose in plain and intelligible language. According to Barron, this had affected the value of his wharf because the deposits of sand and earth that resulted from the … In their several Constitutions, they have imposed such restrictions on their respective. This right was interfered with, and the benefit of this property taken away from the plaintiff by the corporation avowedly, as the defence showed, for public use, for an object of public interest -- the benefit more immediately of the community of Baltimore, the individuals, part of the population of Maryland, known by the corporate title of the Mayor and City Council of Baltimore. They are limitations of power granted in the instrument itself, not of distinct governments framed by different persons and for different purposes. He sued the city to recover a portion of his financial losses. These restrictions are brought together in the same section, and are by express words applied to the States. If this proposition be untrue, the court can take no jurisdiction of the cause. "No State shall enter into any treaty," &c. Perceiving, that in a constitution framed by the people of the United States, for the government of all, no limitation of the action of government on. The Bill of Rights applies only to the federal government rather than state or local governments, since there is no textual evidence to support a different view. Baltimore, Maryland, undertook a series of urban construction projects in which it diverted certain streams of water to accommodate expansion within the city. The city of Baltimore had enacted the adjustment of water flow on the edge of the Baltimore Harbor, which resulted in insufficient water flow existing within Barron’s … This court cannot so apply them. The judgment brought up by this writ of error having been rendered by the court of a State, this tribunal can exercise no jurisdiction over it unless it be shown to come within the provisions of the 25th section of the Judiciary Act. Each State established a constitution for itself, and in that constitution provided such limitations and restrictions on the powers of its particular government as its judgment dictated. This court, therefore, has no jurisdiction of the cause, and it is dismissed. The counsel for the plaintiff presented the following points: the plaintiff in error will contend that apart from the legislative sanctions of the state of Maryland, and the acts of the corporation of Baltimore, holding out special encouragement and protection to interests in wharves constructed on the shores of the Patapsco river, and particularly of the wharf erected by Craig and the plaintiff, Barron; the right and profit of wharfage, and use of the water at the wharf, for the objects of navigation, was a vested interest and incorporeal hereditament, inviolable even by the state except on just compensation for the privation; but the act of assembly and the ordinance of the City are relied on as enforcing the claim to the undisturbed enjoyment of the right. To grant letters of marque and reprisal, would lead directly to war, the power of declaring which is expressly given to Congress. It is worthy of remark, too, that these inhibitions generally restrain State legislation on subjects intrusted to the General Government, or in which the people of all the States feel an interest. governments, as their own wisdom suggested, such as they deemed most proper for themselves. We think that section affords a strong, if not a conclusive, argument in support of the opinion already indicated by the court. While the decision was reaffirmed by later 19th-century Supreme Court cases, the 20th-century Court moved away from Marshall's view. The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual States. He argued that the lack of reference to the federal government meant that Constitutional provisions applied only to the federal government unless they specifically mentioned the states. We search in vain for that reason. The unwieldy and cumbrous machinery of procuring a recommendation from two-thirds of Congress and the assent of three-fourths of their sister States could never have occurred to any human being as a mode of doing that which might be effected by the State itself. As a corporation, they are made liable to be sued, and authorized to sue, to acquire and hold and dispose of property and, within the scope of the powers conferred by the charter, are allowed to pass ordinance and legislative acts, which it is declared by the charter shall have the same effect as acts of assembly, and be operative, provided they be not repugnant to the laws of the state, or the constitution of the state, or of the United States. At the trial of the cause in the Baltimore county court, the plaintiff gave evidence tending to prove the original and natural course of the streams, the various works of the corporation from time to time to turn them in the direction of this wharf, and the ruinous consequences of these measures to the interests of the plaintiff. Government of the United States, and is not applicable to the legislation of the States.

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