The Delaware was a case heard by the United States Supreme Court in 1871. The case involved a dispute between the United States and the State of Delaware over the ownership of a strip of land along the Delaware River. The United States claimed that the land belonged to the federal government, while Delaware argued that it was part of the state's territory. The Supreme Court ultimately sided with the United States, ruling that the land belonged to the federal government. The Court's decision was based on the fact that the land in question had been part of the original thirteen colonies, and thus was part of the original territory of the United States. The Court also noted that the land had been ceded to the federal government by the State of Delaware in 1790, and that the state had never attempted to reclaim the land. The Court concluded that the land belonged to the federal government, and that Delaware had no claim to it. The Delaware case was significant in that it established the principle that the federal government has the right to claim land that was part of the original thirteen colonies. This principle has been used in numerous cases since then, and has been an important part of the development of the United States.

In the case of The Delaware, Justice Field delivered a dissenting opinion. He argued that Congress had no authority to pass laws regulating navigation on navigable waters within state boundaries. According to Field, such regulation was solely within the purview of the states themselves and any attempt by Congress to do so would be an unconstitutional exercise of power. Furthermore, he noted that if Congress were allowed this type of control over internal waterways it could potentially lead to federal interference in other areas traditionally reserved for state governments like taxation or education policy. In conclusion, Field believed that allowing such congressional action would set a dangerous precedent and should not be permitted under the Constitution as written.