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

entirely in the hand writing of MIR. Jefferson as
NAV be seen in the Clerks Office of Albemarle
County, containing these remarkable words.
" But that if the river be opened for navigation
hereafter, the interests of the said Thomas
ought to be postponed to that object, and those
authorized to open the river, should be free to
make their opening in any part they think best,
either of the said natural ridge of rocks or of
any storpage which the said Thomas NAV have
made" Here preference is expressly given
to the rights of the public over those of Mr..
jefferson, and that in an inquest penned by Mr.
Jefferson himself No further proceedings ap.
pear to have followed the return of this inquest
In the year 1906 Mr.. Jefferson applied for. and
obtained another writ OF" ad quod damnum,'
whereupon second Jury was convened upon
the ground who returned an inquest in the
Court, upon which, and in conformity with tina,
inquest Mr.. Jefferson obtained the order of Al.
bcmarle Court, on, the motion eff MIR. Jefferson
is the following clause, "It is further under.
stood by the jury and agreed to on the par, of
the said Thomas, that the Canal shall be used
an improvement in extending the navigation
upwards, if that shall be adjudged the best
for the said navigation"
Here Is the. condition expressed, on which the
order of Court for building a dam at Shadwell
was granted TO MIR. Jefferson. He was allowed
To build his dam on condition that the public
should be allowed TO use his canal for the pur.
pose OF navigation. 1t may therefore well DO
cnquired of the gentlemen of the Union, with
what justice they set up the pretension, as APP
pears i'll their publication, of conocding TO the
public the light of using their canal, as if this
right was to be derived from their grant. The
public holds this right Independently of them
and In despite of them. 1t is the very condi-
ton on which they permitted to keen I'm n
Dam across the river; and SO long as they con-
tinue this dam, long will the public have n
right to use the Canal for the purpose of navi-
CATION.
Again let the gentlemen of the Union be en-.
CURED of whether this same doctrin, is mt
sanctioned and sustained by the ChanceIlors
opinion, to which the elder gentlemen of the
hfm says he so strennousy appealed but ap-
peaied IN vain In his interview with the Drec-
tors Mt Shadwoll These are the word, of rho
Chancellor-" L must therefore think that the
hnr
izing the public to choose between the bayiga-
ton OF the bed of the river, and the PLAINTIFFS
{ 'hat Is Mr.. Jeffnrson's Canal and consequent.
~ that the Defendants the Navigation Comma
N.Y. hare right, if they choose, to naviqate
the Canal" Could there be n more explicit of
of the right of the public TO Use this
Canal, and that, not by the grant of the owner
out ny the order OF Court the terms on which
MIR. Jefferson was allowed to build the dam 90 as
a condition which the Court had a right TO i'm.
pose Again, to use the words of the Chan.
cellor. If the gentlemen of the Union had
thought tit to present this case i'm its proner nc.
pect, they might have shown to the citizens O,
Aibemarle whom they undertake to enliohten
on this subject that the Chancellor had gon. n
little further, and after saying that the Plain.
I'm S canal If he is permitted to build his dr.
snail be used as an improvement in extending
the navigation from Milton upwards, if that
snail be adJudgcd the best course, lie affirms
that this would certainly imply the right to
erect locks IT necessary, and to use the water in
the canal SO far as the public interest required
without destroying or materially iniuring the
rlaintiff prior right, or his original object in
making ms canal and building his dam" This
opinion OF the Chancellor, on which so grea,
leiiahce Is placed, not only ratfies the order OF
court giving to the public the right of USING the
canal, but exhibits it in higher relief bv as.
sertIng Tor them the right of constructive locks &
oil using the water of the canal, so as il be done
without destroying or materially mi urinp the
r'a'ntiilS prior rights One other extract from
III" Councillors decree containing instructions
!" commissioners whom the Chancellor appoint.
Gu 70 ascertain facts for enlightcning his own
NINA on The subject in controversy, will be civ
en-. The commissioners were to examine and
report, " in what manner the use of the wotsr
IN 'he canal by edch purity may be regulated So
% ~ secure the rights Of eaCh, und so hat the
e"Joyme"t 81 these rights by each man be as
tdtc as possible detrimental to The other." In.
OF these public acts by which the
rights OF Tie community are secured to them a.
Sa'hSt encronchments likely to result from pri-
'ate ana personal in teIest, what can admit of n
clearer demonstration than the RIGHTS of the
pubic to lie use of the waters of the river sus.
ccPtiD'e o. an improved navigation An indi.
vidual throws dam across n ma viCabIe s,ro,n,
ana not only obstructs The public in the use of
the water for navigation, but he takes this wa .
Ter from the river, where, by the acknowledge
nent OF all IT belonged to the public. carries il
10 canal Ter his own special benefit, and then
asserts That, by this twofold encroachment en-
The rights Of the community, in first stopping
.he IT navigation and then appropriatng the wa
Ter which belonged to them to his own private
nSe' he acquires right in the subject thus
nsurped, paramount to all Others, and in which
The public cannot participate without his per-
mission
1t is asserted, as undeniable, that the beds of
al navlgable streams belong 20 the public for
navigation-that this right is unalienable by the