The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-05-05

c:n, ~, seni;.er, x Is low water Ia Mi,ts..; tut
t'.at 1t isnot g The ui the seasun bn, the "a.
nj ,'e rise sns fail w!ei, determines the Iav ~
t.c ease"
No" the ba,,,irc Ste. Marie is precisely within
this band or margin betw the high and low water
mark oil the Mississippi; called the beach MIR J.
ue" pcoeset's To show by variety at authorizes,
that ti'is beach ~ considered part of the TED
the RIVER; hc sloss also, That il has beeu tie con-
slant practice in granting lands ,.e Mssissppi
10 hound their fronts b, the Fac vi the waters ut
Their greatest AetSht-coascluenty no. ineigdin;
the 0eaci.
Having thrs ascertaiuci what the Batture ~ nor
and Sra1s His, and established the hs h-water mark
AS the lihe at Partition betwe,u thu led < Lank Oh IL
fNeT, he proceeds 10 examine 10 whom beoags The
ground Oh either side OF tsiat line "a the b,,
there can be no question but that It belongs purely
anu s'nply To the sovereign, tie representative
trustee the na,ionrot lis persona, propcrty
out 10 he Kept open for the ire. Of all the midi
fiduais OF the naton----As to the bank from,
the high-water line inward, it i. admitted that the
property Is IN the Riparian proprietor OF the ada
cent heid nut the use in the public, tor the pur,io
SEES OF navigation and other necessary uscc.'-3rt
" the Individual ~ 50 to the,n not To cbstruc,
DINERS M their equal enjoynent--he cannot divert
the coarse OF the stream even draw off water
from 1t to the injury of the navigation nor erect
any work winch shall incommode the harbour or
anai OF course, g 1t is impossible that Mr. i.iy-
ingston, single individual, should have a lawiu,
right to drown the city OF New. Oreaus or to iniure
or change, OF his own authority, the course or cur.
=
ductions OF Two thrts OF the whole area the Uni.
ted States"
Sach, then, being the lao and the facts, the ques
ton, vas hat Was to be done! What was the RENE.
ny authorised by the laws and prompt enough TO ar
rest The mischief" sir. j. sys down these positions
ist nat eOsry man is authorised to STAY n wrong
ioer, M the commission Of a wrong, in which hns,i
anu all others art interestcd-2d< That by NATURE,
Jaw, every man has right 10 seize and retake by
force has own property, taken from him by another
ny iorcS or fraud aud that however this NAV have
been restrained by positive law in the case on ;uyi
duas no nation has ever yet restrained itself in tho
exercise Oh this natural right of rcseisng its own nos
SESSIONS, IN central cases and that the Sd and con-
SmsFe remedy, was that presented by the act of
So,'Sfess or 1905 to prevent settlements on land &C.
a a 70 tie U. SLAttcr this elaborate disuusition
'.r. y. proceeds 10 the following rceapilulaton-
- aAinE now brief review OF the whole
'cc'F!s4- GROUND we have gone over, we uay iuipe
f""o"' OF the correctness q the decision OF ,ie
Cabinet, as to their duty in this case Z
trust 1t VIII appear to every ca,,,lid IL unL;ased
.Hihd that they were not mistaken in believing
That the Customs OF Paris, the Ordnance, 1f tie
frenytl government, the Roman law, as !. anuiemen,
20 oon' |it, the special acts of Spanisi, and A.
,YIn,' ,as eS''.es' composed that system OF law
"'"sr Was 10 govern their proceedings. - T.
NAT were this "a case ot Aluyi0n, the French
law gives 1t to the Sovereign in all cases s. the Ro
only. f9o'i'
That Bertrand Grarer bad converted HE nl.n,.-
Hon INTO a iauxbourg, and appendage OF the city of
New Orleans; with the 5rex:ous sanction of .he
Spa"sn government, according TO his own DECLARE
uois, Dy Which those claiming under, him are as
much bound, ms IL made by themselves aud co.,
fanny ny IT'S Subsequent formal recorrit;ons and
coiiinstiIis, winch acted retrospectiyeIy-an The
cnaraeter oil tbs ground being thus changed from
Aiiuricn does not act on it.
nat even had his ground retained i.'s rural char.
acter, and admitting that the grant To hin ,.c 49,,
aa, conveyed The lands to the waters edge, his
nm Go1.,ra
tho go ~ "u neu7e' conveyed to his purchasers
inc same rs = which The same terms had brou,-,t
90 MN, ANA they, and not the plaintiff now bSld
the rights OF b. Gr,sier, whatever they we're.
nat John Gravier having elected to take the es
tate as a purchaser by Inventory and aDpraisuan,
the Batture, If Bertrtnds, was not in that
'or consequently purchased by JOHN Grayier
nat the deed from him to DE Ia Bgair.e was
and "ot, well by The lex loci as ON the
lace oil the transaction 49,
nat the decision Of the court in his favour could
III nc wise concern the United States, who were
he',her parties to the suit, amenable to the iu
risliction- 49,, u.s. ~
the frcmch law, the Roruan law, the conye.s.,..
face au iicuve the purchase by Iuyetitorv ami th.
irauduency OF the deed to Bigarre, the piaint6,s
, IL Totally unfounded. aud. if void by any one
oil them, 1t is as good rs if void by every one -.
But 1t has appeared further that the tatt:re hod
not single characteristic of Alluyion- Ht'st
hSt tne 6aak OF river is only what IS above the
- hat nj. below that marx ia beJ ~ oI, 81
"in1h the oatture is that portion between tic bjrb
anO low water mark, which we call the Beach
mat IL serves, as other. beaches do for a mort
While covered, and Quai unc6vered-and il the nm
khuse. $500 'A'hi
hat as part of the bed of the river, it is pureIv
public property s'' Pu'ety
nat It is not lawful for an individual to erect nm
'iher she oed Or bank of a river, any works which
may affect the convenience ofnayipation. of ths hsr
oour Vi Suai, or endanSer adjacent proprictors ON
either side o, the river. "
that tho Vt is permissible to guard orr ou,,
grounds against the Current The r;ge: vat =, am,
y rs to ne consistent with the convenience and SAFE
ty of others - anu '"e
hat OF this the legal magistrates are TO he ;udo
Is IN inc hrst instances but even their errors o,c
70 be guarded agans; by intemnificaton for ALI
manages winch shall actually accrue to individuals
hat Mr. Lisingston's works, in g single 6ood
had given alarming extent, boil, in breadth K be;Th;
10 the nattnc-had turned the efforts of the river
against the lower Suburbs, aud habtatous NOT La
ofe eAposcdt TO thcm-tjiat they would den,.;ve H.
pun'e Oh what was their Quai in low water. snd
Do"F IN TIMES OF iiood--tiat by narrowing The n.
yer one tnuith, 1t must raise t in equivalent nropor
roh' 10 Hschar5c ts waters-tiat this would s,reep
away tlc ievce, city, and county. or caJrune the
,"N o me iIVee, ana The iucreased danger 80 which
mat woald expose it-and, even then wor,J rcc, |
me city by the putridty Of the new conpestions |
WIN pestient'ai dseases, 60 which it's climate i. al
ready too much pre,lisposet
nae MY iAv"gston was doing Ill this .of his own
."snoT'iy, without asking permission from the pub !
's "g'sud'e or giving any security for tie nicm-
nity of injured citizens
, That under tie pressure of these danrers the |
.%ecutiye OF the nation was called Oh to do his du
nNIf ~