American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1824-03-12

ltatives, and without compensation being maue'
But certainly he did not quote il: nor had he done
SO, would it have been Of any importance to his ar
gument. For in the execution Of the improvement
authorized by the law, mans property has been
taken or applied to public use, was it intended
SO to be by the Legislature lin this case, to the use
OF neither the State OF Delaware any part OF 1t,
to whose benefit if applied it could be called pub.
lie one. AS a professional man, the gentleman
stands alone it is believed, in the opinion that the
law is unconstitutional The older and more ex
perienced practitioners at our bar, SO far as have
learned, entertaining very different sentiments on
the subject This should, at least have induced
him TO doubt the correctness OF ms opinion, and
prevented him from urging it with the confidence
he has done.
Should the bill be concurred in, the Representa-
tives Of the State, who ought to be the guardians
of its faith aud its honor will lie under the foul I'M
putaon of having violated the one, and furnished
the other. We whose duty it is by wise legislation
to protect the prosperity and promote the interests
of the citizens, will in this business appear in the
character oil obbers for il must not be forgotten,
that there is no provision in the bill for reiunding
to the marsh holders the money they have expend-
ed. But the money they have laid out, serious as is
the sum, is small when compared TO the enhance
ment OF value their property would experience on
the completion Of the improvemsnt-ot whit h they
are also to be rihed. To estimate this, it will be
necessary only to deduct the valuation OF the BLACK
bird marsh In its unimproved state, as made by the
Commissioners appointed by the Legislature,--tu
wit, 900 dollars from 10000 dollars the antcl-
pated value of the computed at The rate OF 90
dollars per acre, after it shall have been rtClalmt
by banking, draining, and getting it sci with artih
tial grasses. The balance (deductng $4,000 dol.
lars the cost OF the mprCyemen)l l53 600 dollars
TO which sum may be added the increased value
- no rviv ,i,,.t
marsh and at some distance from il, by the i'm.
proved quality and greater quantity Of the hay and
pasturage it would afford. The county Of Newcastle
will likewise participate in the loss, as the improve.
ment Of this marsh would by increasing the assess
ments OF the propretors and Others meliorate lis
financial situation. In the destruction of this i'm
proyement, therefore, not only will the marsh holders
on Rlackbird creek be injured to an enormous
amount; but many OF the propretors Of uplands,
and the county, will, by the unprecedented flag an
act Of mi Justice, be prevented from receiving tile
benefits they would be sure to derive from it.
viii advert 10 another consequence which will
result from defeating this improvement. In drain
ing the marsh, cripple and low grounds, on Black
bird creek, the cIrcumambent air, from bling in /
great measure rid OF the noxous exhaalions occa
stoned by their excessive humidity, will be rendered.
more salubricus, and the health and comfort Of tnt
inhabitants be greatly promoted. This is one Of
The benefits 10 be produced by this improvement
which IN estimating IT'S importance, ought not to he
overlooked, should its loss to The inhabitants be
lightly regarded. Ii is the opinion OF many per
sons, that were the marshes on both sides the PENN.
ula and the swamps in the interior. drained, andl
as they might be by proper cultivation,
besides contributing greatly to the wealth Of the
people, 1t would effect such change for the Better
n The quality OF the air between the two BAYS as
would render this tract Of country one Of the mas
healthy and pleasant il the United States
II has, think been shown in the course Of my
emaI ks that the law which il is proposed 10 rtpeal
nirnges no provision oil either the Federal or state
constitution, which has been, OF can be, alleged 10
'e violated by it. 1t must, then. be admitted 10 be
uch law as the Legislature possessed the power
u enactlng, and is consequently constitutional law
! contains grant Of rights and privileges 10 the
mai ah holders on Blackbrd creek, which is 10 be re
gaIded as contract. Now il is declared IL Ar. i
sc. y Of the Federal Constitution, that no Stale
shall pass any law impalIing the obligation Of con
Tacts But The object of this bill IS to repeal this
aw' and IN repeating H. the contract implied in it
VIII be impaired as well as all contracts which have
'een made nnderit 1t is plainly, therefore, uncon-
uu'ional. 1t may by the concurrence OF the House
md passing through the usual forms, obtain placc
mohB The statutes OF the State. 1t will neverlhe.
ess be OF no fore. 1t may for while lumber our
tatnte book. But il will rot be long before it will
&c set aside as nulity, by The decision OF one OF
nr courts. In the meantime the peace and tran !
utility OF AppoquinimiDk Hundred will be endan.
,eTed by the disputes and Gisul Dances it will en-
lender between the friends and the enemies Of the
Improvement. And in atrayng ourselves on The 4
ide OF the latter, we shall only proclaim our own
'arlall'y, our own want OF wsdom and our utter :
disregard oil justice. !,
NOTES
l. AZ Courts shall be opens and every man for an injury
one nm IN his reputation, persun moveable immoveaE
ossesslos shall have remedy by due course of law and
lslce administered according the very right If NE
ause and the law Of the land, without sale denial or un
sasohaoie delay or expense Ar. L. sec !. Con bel I
Z The calculation is for $500 acres of marsh The