Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1830-06-11


| or to particular persons" p. 50.
Bird. In like manner, by the common law of
England, the property of the soil rs well
as of the water having flux or refiux, or sus.
ceptibic Of navigation is in the King, who can.
not grant it to a subject because it is high
way, except for purposes which will increase
the convenience of navigation"
This last extract shows that the pret.xt which
has been sometimes set up, tina, the bed of III.
river had been granted in the patent for the
lands at Shadwell, granted by the King of Eng
land many years previous to the Revolution
when the common law was i'm force i'm this conn
try is totally unfounded, for the then SOVEREIGN
of the country, holding it himself solely in trust
for the benefit of the community, had no power
or right to grant the bed of this river to any in
dividual as his private property.
1t is certainly clear then, that the owners of
the Shadwel Mills, holding under the title of
MIR. Jefferson, have no exclusive right to the bed
and waters of the river, neithr by the order of
Albemarle Court, by tho Councillors Decree
nor by the law of the land as it existed at the
time of the grcnt made to the proprietor under
whom they claim. On this subject, could tho
Board of Directors have sacrificed these rights
Il
shameful abandonment of all the obligations of
| duty, and without scandalous treacherv to all
| the dictates of honor and of virtue.
The elder members of the firm at the Uuion,
had been urged repeatedly in the most friendly
| and conciltory manner to attend the meetings
OF the Directors, 10 consult upon some plan by
which the works they appointed to have
executed should be arranged and undertaken
\
| Time after time, while the meetings were held
in Charlottesville to consult on the best made of
fulfilling the important trust confded TO the Di-
rectOrs was the aid of this gentleman invoked,
| and he requested to attend the meetings to sug-
gest any thing which might possibly conduce to
n friendly and harmonious concert i'm their move
mems. 1t was discovered very early after these
directors were installed into office that there
happily existed in the mind of the elder mem.
Der OF the firm some dissatisfaction. Every effort
was make by the Board which they could devise
to reconcile and satfy linn. His candor will
lead him to acknowledge that he sometimes con-
sidered their attentions in inviting him to their
meetings as mportunate and troublesome and
that more than once, his compliance with their
call was rather nngracioasly yielded. What
can be said OF the gentlemans' courtesy and ur-
banity, when, on the invitations to attend the
meeting at Shadwell, which is alluded to in his
publication, he should have declared that solitary
confinement with rigorous corporal restraint
would be preferred by him to attendance upon
their invitation! Since then certainly, no in
vitations have been given. Nor will the gentle
man be again importuned with others.
Objections of various kinds were found to ex-
list. Sometimes. it was alledged that the Char
ter was forfeited because subscription TO n
considerable amount made by an insolvent man
had been admitted. Efforts to remove this diff
Guilty form the mind of the gentleman were
made 1t was finally understood by the Direc-
ors from the gentlemans own assurance that this
difficulty could he removed by the substitution
of solvent stockholders in the place of this in
solvent one TO an amount to secure the capital
OF 500 600 by bona fide substantial subscriber s,
~ that he would then be content, would wave all
objections and would cooperate in the pro-
motion OF the work. This change was effected
by the eXertion of the Directors, and so much
OF this exceptionable subscription as was neces-
sa:y was taken up, and the capital of $50, 900
subsc ribed for by good and responsible men was
procured.
The Directors were, for a short time, cheered
with the hopes of harmony and peace but this
prospect was soon overshadowed and other OBJ
Jections arose. Now the pro-. rety of expanding
any money on the Improvement of the upper
navigation at Mcriwcthers bridge and Shadwell
was denied, and the Directors were told that no
contributions would be made from below, to be
expended on the works above. 1t has been
shown that the Borad had no choice on this sinh
Ject. They were bound by the contracts OF
I their Predecessors and could not violate them
! nor could they get absolved from them. This
was fully known by the gentleman al the In
ion 1t may well be said by the Board that in
VAIN every assurance was given of expanding
no more money at the upper points than they
were endispensibiy bonnd to do by the contracts
OF their Predecessors-tha the rest of the funds
should be sacredly devoted to the plan of improv
ing by beginning at the lower end and WORKING
up the River, until all the funds should be ex.
pended, on that plan, if they should be required.
This did not subdue the opposition Other mi
nor objections were started which it is not Deem
ed necessary to state. The Board was forced to
the execution OF Its duties in dspar Of any com
promize Intent, however, on obtaining the CO.
| operation OF the gentleman at the Union it was
resolved to make a last trial aud to send the in
vitation for the meeting at Shadwell. The
meeting was had, and the gentleman with a
manifest reluctance to produce his proposals.
urging the Directors to make theirs, which he
considered they ought TO make, exhibited the
paper already before the public as the proposals
OF the firm. The Board of Directors received it
and retired to considerit. The views and opinions
entertained on the subject by them forbade the
acceptance of these conditions. A brief ex-
animation will be made of these proposals Af.