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

that is entirely within the territorial limits OF tn
state, is under the jurisdiction and control OF 1t
Representatives. They possess the same powe
! over it, which they exercise IN regard to publ
ri roads. Where public road is vacated, and a ney
lone is opened on different route, property on o
contiguous 10 the former is reduced in value. Bu
this reduction in value may, and frequently is, pro
duced by other causes A new tavern licensed, o
a new store opened or a new ferry established, vii
diminish the profits and worth of those of prior estnb
shment. And in regard to the latter, the construc
ton of bridge deep water, entirely supersede
Tor destroys it. But in these cases. although the prop
erty of individuals may be lowered in its profits an
lprice, or even ruined, they can have no claim Of
1.-The public for an decentralization In the case IN
der consideration, however, | think should haz
card nothing in saying, that not only will 10 indi
vidual be deprived Of his property but the proper
Of no individual will be diminished in value. Fo
the reasons already advanced. and others 10 be ad
duced, the reverse Will be the fact The improve
men will produce effects entirely different and op
posite Besides the enhancement OF value, tn
marsh that is to be reclaimed will receive from thi
the interest Of the traders at the heat
oil the creek and OF the andholders on both sides 0
lit, as well OF all whose lnnds are not far distant
will be promoted thereby. will observe further il
respect to the navigation OF BlaC kbrd creek, tina
it will not be destroyed by the law of 1922, as is
| highway by its vacation, Ii will be altered only
1t will still be navigable. But when public roa,
is vacated, and another is opened the former car
no longer be used by travelling and hauling on it.
But Sir, say that the provision of he fedora
PROSTITUTION SO much relied on by the enemies o.
this law, cannot be applied to this case. The con
sruclion they have given it, is perversion OF lis
melnng 1t is forced and an unfair one, as shall
attempt further 10 show The property spoken Of
in the provision, is something l,-something that
has substance and whose existence is not ideal OF
doubtful as Is this supposed dlminuton in the value
OF the store houses and wharves on Blackbrd creek.
1t must be something that is tangible something
that can be perceived and something, | will add,
that can be directly applied to public use, so as 10
p oduce public benefit, II may then be transfer.
red from the possession of an individual to the use
OF the public. 1t may be valued, and the owner re-
ceive just compensation In such case one equiva-
lent will be given for anoher,-a quid pro quo. But
n the name oil common sense, how can that which
has, or can have, no more than imaginary, doubt
tul existence that which be neither seen, felt
nor understandable transferred to the public, and
appropriated 10 its use Can this reduction of value
in the property Of two or three individuals, who are
under an apprehension that it will be iniurousy al
lec'ed by the operation OF this law, when it is car
ried fully into execution by the completion Of the
improvement contemplated 81 say can this appre
u value ~ lD6lF properly. ibis
ideal, imaginary thing. admit Of being directly
transferred to the public-o being used BY the pub
lie, could the transfer be made-and Of being an.
praised SO as TO afford compensation to those who
claim Il! am sure il cannot. The constructions
then, given to this provision by the friends Of the
oil IS an improper one. 1t is variance with rea
son and common sense. In Short Sir, it is an alb
solute absurdity.
Ii will not be improper in the further discussion
OF the bIl to examine what is the meaning Of the
word public substahtively considered. The irnporll
Of the term being established, there will be no diff
hculty in applying it. Ii will be admitted that the
tenn is susceptible OF more or less extensive sig
nihcatlon Not to go abroad. it may be applied tol
the States 2; to any one Of the States to County;l
CITY and perhaps to Borough or Hundred but
certainly not to chartered company, as for in
stance, Banking company, Turnpike company /
or an association OF marsh holders 10 whom certan
nights aud privileges have been granted by egisla-
tive authority The Blackbrd marsh holders can
not consequently be regarded as public
a public, meaning, then, community more or
less extensive, It will not be commended that the pub
lie intended III the constitutional provision, is any
foreign State. Nor can suppose it to be any one
OF the United States. The American Republic,
composed OF these States, is, in my opinion, the
pubic which is meant. And any individual whose
property - taken Tor its use, lis entitled to ius
compensation from it--not from any PARTICULAR
State or section OF State. And although one State
may be benefited more by the use of this property
than another, yet forming an integral part Of the
United States the great American public it is Mn
peIy speaking this public which receives the bene
it and ought to remunerate the individual whose
property is taken for its use.
Under this view of the provision in the 7th ar
.cle OF the Federal Constitution, my own mind isl
satisfied, as trust the minds of a majority of The
members OF this House also that it has not been
nringed by the law Of 1929 to which this bill is a
supplement-. Be that as it may, even admitting the
adversarles OF the law correct in their views Of it's
they have mistaken their RENE.
1y' 1t was not to be obtained by resorting to the
General Assemble Tbev eboulJ