The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-01
LETTER UId.
TO THE LEGISLATURE OF VIRGINIA.
[ Concluded

mel and clearing out the obfruchors Of James
river, would be accompanied by very conlide-
rab!e benefit to the city of Richmond, to all the
Upper Country, aud 20 a.moft every part of the
community. The only doubt which can poll
bly, be entertained on this fubie0, mutt ipring
i not from the meafure itft,f, but from the ar
engagements made by the law for It's effeGtual &C
complainant. II the obitrvatons OF the pre-
ceding part of this letter be corctl, there was
indeed an adequate foundation laid Tor thefe APP
preteniionS, even independently of the law it
feif. No man who con!iders al, the 05Hrats cir
cunittances of the cafe, The inevitable ignorance
OF the Legislature on the dep!b of the river, and
their ignorance ofthe mature Gifts he'd, but mutt
have .een fome reafon to doubt the compeat
competency of that body to embrace and pro-
vide Tor all the necef,arv details of the project
! Without comprehensive knowledge of the ma
tire & difficulties of fnch an undertakingit would
certainly feem impcfible for the lcginzture TO
, determine the amount of the flock which mould
be necetiary to compleat l., the rate Of foliage
. which they fhould impoft, or the tonnage and
draught of vef1sls which isloud be exempted
from the contribution.
Tbefe doubts have not vet been dftipated by
confederation ofthe iGzpifjiic Few men, who
have made any invoGiga;ion into the actual cir
cumfances of the cafe. have found much rca(on
to euiogife its proviiions. Repeated
have been made of its injunice; and it now be-
comes the dntv the legislature to enquire into
their real Foundation. An impartial enquiry
will certainly be fuicient to convince them that
there are feveral provi6ons of this law, which
can fcarcely be reconciled to found policy:
at the fame time perhaps they may diicover that
the criticins of its commentators have hren i'm
general too fcvere and uutiihinguining. Should
this view OF the fubie6t be correct, there is at
once the beft BATS laid for an aNicahe compro-
mife between the company AMI the fate. With
out the delay and eXptnce ofrefcrring TO the re-
gular tribunal, court of juitice, it may be Dcr-
ilble TO agree upon certain notifications of the
charter, which fhalI at once prefrrve the mot
important rights of the community, and the
m2E valuable privileges of the company.
Zone ofthe principal objefionJ TO this law, has
hcsn extracted from the great law Of nature and
nations. In every country, il is faid there is A
common law Independent OF prcfcrption ana,
even fnperior TO the legislative power 1t IS a
law, endnatinC from the Obvious relations OF TO-
cittv, and deriving all lis refpe6t from acknow-
lodged convenience. 1t is faid that the iudiCa-
ry Poweris to be conidercd as the venerable
guardians of this law, and that the nature of
their function devolves upon them a right of
declaring any pofitive law migratory or ineiiici-
ent, which ihouio violate any of its maxims
he navlgable rivers OF country are reprefcnt-
ed rs the commons OF fucety and the privi-
, ledge Of navigating them is placed under the
guardianship Of the common law. But the law
incorporating the James River Company, has
been faid, to violate this imperfcrptib,e priyi-
iege. Pertons who have hitherto been entitled
TO navigate this river without the payment of
toll, would then be compelled to contribute TO
the advantage of com paDy, who had conferred
no new benefit upon them. Every veilcl which
draws more than 5 feet of water, will then be
compelled to purchafe this privilege: altho'
1t is fact that the channel has been always open
for vefielS of greater draught of water. The
ihallowef part of the river is that which lies be-
! tween its fllore and the fand-bar above War
w1ck,s. Yet even that channel has been lately
found by careful foundings to contain feet at
low water, and IL feet at common tide water.
1t is therefore obvious that every vefItl which
can draw between and feet of water is now
enabled 10 navigate the river although the law
impoies upon them the necefity of paving 6
cents upon every ton that they carry. Docs not
tins politive law then, violate the unwrtten law
OF foclety; and would it not be the duty of the
judiciary department to annu the hipula,ions
of charter, which was in obvious oppoii.ion 10
the great charter of nature 1T mutt therefore
be required by the opponents Of the law, that
rs 9Th fc6tion ihould be amended 70 as to per
init all ''vcfles drawing lcfs than "eleqea feet of
water" to ufc and navigate the river free from
toll.
This objection is irrcfHible in its prefent
form but an important obicrvation delerves
our notice. 1t is true that the river is at prefent
open to all vefels drawing II feet of water
but will it nlcc9TJ be 70? Are not the chan
neIs of our rivers continually filling up? Has
not the depth of this very river been progref
lively decreafng from the alluvion of its fands
Is IT not fact that veGels of as comfortable
burthen as can now afcend to CITY point, have
been formerly known to reach even above War
wick! Is not the bar of fdnd near that place
the growth OF very late years and is it not
continually augmenting have been told that
1t has even extended so yards during the prefeDt
year. Will not period then arrive, when vef-
ieis drawing lefs than feet will in vain attempt
to navigate its channel And if this incorpo-
ratedcompanyi hould prevent thisinconvenience,
ought theynot toreceiye fomecompenfation for
the expence What then does this argument 4
mount TO That fome diRapt period fhouId
be prefcribed when vefIcls having a fmall
draught of water fhould be Obliged TO paw
certain toll to the company and that this pc
rod ihould be taken from the time when the in
creating alluvion of the fands might be cxpeG-
ed TO impede their navigation.
Another objection 20 this law has been taken
from the rite of foliage. The flock ofthe COM
panY is $4,000 dollars, and the toll is cents
upon every ton. Will not then, the great a
mount of the tolls, an amount too continually
ncreaing with the trade of Richmond, be much
more than iufficient to furni(h an adeouate di-