American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1824-03-09
LEGISLATURE OF DELAWARE.
HOUSE OF REPRESENTATIVES,.

MARSH, CRIPPLE ana low GROUNDS, lying upon Dlack
bird creek in Newcastle county, 10 bank and draiI
the same" having been made the order of the day
for tuesday the eth of January, on that day
taken up for consideration, and the FIRST sector
being read which went to repeal the original act
Mr.. Gray moved TO strike il out. This brought OF
OF the most animated and interesting debates
which took place during the Session. In support o
lis motion Mr.. Gray rose and addressed the House
as follows;
"MR. SpEAKER,-The act to which the bill We
now to consider. is supple ment, is said to vio
late provision 10 the 9TH article Of the anne ndmeul
of the Federal Constitution, which provision con
tains these words " Nor shall private property be
taken Tor public without Just compensation. z
1t becomes question OF importance the eGore, to
determine what the meaning Of these words IS
what is their true construction The friends OF the
bill alege that the original law which il is proposed
to repeal, or modify, does infringe them while the
enemies OF the bill are Of opinion, that between the
provision containing them, and the law, there is no
collision
II does appear to me- sir that the provision is not
N any manner affected BY the law, and that the APP
plication it was intended TO have is very different
from the which the friends OF The bill al so de
sirous to press upon the House will tor lllustra
ZION, state or two 10 which think the proyi
sion applicable An army or body OF troops in
the service Of the United States is in the time of
war reduced to straits for the want o. provisions
and to supply their necessities, the officers whose
province and duty it is TO furnish them, go into
store-house or mill, and take possession of quan
yot -four, or enter upon the meadows and pasture
grounds Of agrazler, and drive off several scores OF
Tar bulsotks. The property taken in both these
cases, belonging to private individuals, and being
intended for pubic use, the owners would be entitled
10 just compensation. | will mention another
case Il IS found necessary to erect fort to secure
some part OF the country against The incursions and
attacks Of an enemy I ne site is selected and the
for' is erected. This is done protect the country
and promote the public service. The land is taken
or public use, and the proprietor Of it is entitled to
q fair compensation under this provision
But under the law to enable the owners and DOS
SCISSORS Of the marsh, cripple and low grounds lying
upon Blackbird creek, to bank and drain the same,
M property is taken for either public or piiyste
use. The effect Of the improvement NAV be mar
italy to diminish the value Of the property OF few
individuals but it is believed by many tina, it will
not have that effect. Commodities will still be
deposited at the landings and store houses on the
creek as usual and boat will be substituted for
sloop navigation. The marsh holders have powerl
given them to reclaim their marsh which is III, iri
own property, by banking and draining it. No ricbti
or privilege has been given them except this The,
property OF no individual has been granted to them
And it the improvement Of their marsh should
have the effect incidentally to reduce the value of;
some persons properly, SO aras that effect shall or
may be produced, il Will bring no profit or ADVANTAGE
10 the company Of marsh holders. It is true lie
trade up and down The creek viii be changed so arl
as respects the carriage Of commodities and mer
chandlze' And IN my view, there will be an econo
my IN employing scows or Fat buttomed boats that
draw little water, instead Of shallops. One shalloo
VIII after the improvement has been completed dol
he business oil Two. And one being dispensed with
'1s place VIII be supplied by boat which will not
coss twentieth part OF the sum. Its (the boatsl
oihcs viii be- to ply up and down The creek to con-
Fey produce from the places of deposit at the head
O the creek to the shallop at the bank, and back
Heights from the shalop or store house at the
oshk 70 The places Of de post. The expense of,
WORKING TINS boat will be much less than of nay,ga
Eihg shahoP. ~ o hands at low wages far The
AoiHer' VIII not cost so much as a skilful masterI
ana Two experienced WateTmen for the latter Andl
20 this saving OF expense you have only IN orooss
we extra trouble OF unloading and reloadinr at
we oahk' but Sir TINS economy in the EXPENSE
~ which both the trader and freighter will he b. ne
htted IS not the greatest advantage which this i'm /
proNement will yield to them. The wood bart /
gram, and other commodities, that will be sent 10
market ny traders and freghers, will as a trin IA.
hFahdy"ine or Philadelphia may be performed in
iess uinc Than before the dale of the iEnproyemen
arrive al market with greater celebrity, and the sun
pms o. goods OF back freights return sooner Now
sr' y would pc difficult to estimate fully the value
Of this advantage To ali men Of business and es
peciaily to trading characters who yend foreirn
merchandise and purchase on speculation, il Isl
Enown howimportant tits to send on the latter rsDd.
y to market, when either depression in its pr,ce
- apPreheoded' or'he price is rising. DELAYS all
.ness critical Jnnctures in market are often pro-
q erea. loss % trader, or prevent him from
SEEING the advantages alto ded by brisk nrices.
1he enemies OF the law which it ia nrnnos"d -
a1hul or alter, wA haze it, that it is unconsn,on
al They insist on it, that the Legislature had NJ
power to pass it, because they wish it to be beIevsJ
'nat 'he property of some persons will be diminieb
80 IN value hy its operation. stream of water