Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-08-11

We have a decided respect Io' VIC oi'".
our friend, and yet other friends, whose op'h'ohS
we likewise respect, have voluntarily come anu
annroyed of our course Hence, live rehed up
"p ,Ia orn;ons of friends. we should be very
much x like the donkey in the tale between Two
stacks If bay.'' But this is bad plan. We
.lw,vs nursne our own unbiased judgments.
One word more generally. We print Srd'"-
ito,tslv enough already. 1t is not worth while
for ne voluntarily, 10 increase the burden. Are
not religious meetings, charitable associations.
! fair advertisements. society meetings, &c. &c.
Sc enough. without tickets for Canal Directors?
We think so, and so, we have no doubt, upon
reflection, will our friend.
p s II will be observed that. even viii the
| dollar, there is no lack Of minaGons.-Edtor.
-eSe
To TIE Cii-ens Of .R'ern'@rla.
IN the Phenix Gazette of the Goth ult. is CO.
py Of bill, now before the Common Council.
fixing the extent to which wharves may be extend
ed into the River Potomac, and which was pub
Iished, by order of Council. for your information
This bill will have an important bearing upon
the commercial. as well as general interests OF
our Town, if passed and carried into execution
in its present shape; and as the principal object
of its publication is to elicit discussion OF It's
pro, isions before it shall be finally acted upon,
with a view to the making OF such amendments
as, on due consideration OF the whole matter,
may be deemed exped,ent, will now sahmt to
your consideration some remarks upon ms I'M
portant subject, in thehope that 1t will elicit such
an examination of the principles and effects oil
-the bill, as will enable YOU TO adopt such measures
in relation to IT, as the best interests OF the town
may seem TO require.
The powers of the Common Council in regard
=. d. H.
rived from the act of Congress to amend their
charter; they had no power over this subject pre-
vous to the passage OF that act; and whether /;
gives the power to the extent now proposed, Is
a question which it is necessary to examine be-
fore we proceed to discuss the expediency of the
measure under consideration. This Charter pro-
y,es that the Common Council shall have power
to preserre the navigation of the River Potomac
within their Jurisdiction; TO erectand repair public
wharyes. aud deepen docks and basins, and limit
the extent of private wharyes into the harbor;
but it contains no repeating clause: therefore the
powers thus granted must be exercised under the
Limitations prescribed by previously existing laws.
And it seems to me that by just and reasonable
construction of these laws can the powers given
10 the Common Council be exercised TO the eA-
tent proposed. For, by the compact entered into
between MARYLAND and Virginia, confirmed by
an act of the Legislature of Virginia passed on
the Sd day of January, 1886. sec. 6. 1t is de-
clared-'. That the River Potomac shall be con-
sidered common highwdy for the purpose
of navigation and commerce 10 the citizens of
Urgin,a aud Maryland, and of the United
States; and 10 all other persons in amity with the
said States. trading to or from Virginia and
MrryIand.'-And by the 9TH section Of the same
act il is further declared, that ''the citizens of
each State respectively shall have full property
in the shores Of Potomac River, adjoining their
lands. with all emoluments and advantages there
unto belonging and the privilege OF making and
CARVING ont wharves and other improvements
so as not to Ojsruct c,,d injure the navigation Of
the R.rer'' 1t was under the authority Of this
law tina, the wharves in this town were erected:
and this authority is given upon the express con
dition that it shall be 50 exercised as not to Oh
,'ruct or iniure the navigation of the River
Now would ask any reasonable man, whether
the extending Of whareS INTO the river over one
fourth of the channel, which this bill does. is
not an obstruction and injury to the navigation
uf the River within the true meaning of this
clause of the law-lf il is, then. the Common
Council have no power to pass such law. be-
cause it is repugnant to the laws previously in
force. and which are still in force and caunot be
repealed without the consent of MARYLAND -
Nor has any individual Alright to extend his wharf
further than to the edge Of the channel. under
these laws.
And that this was the construction put upon
the act of Virginia by those who first commenced
the building of wharves in this place. about the
time of its passage and when its objects were
best understood. appears evident for We find
that those first erected, the county wharf Hooes,
Halper's, Ramsay's, Gilpin's, and Conway's
whaIves. were extended no further than to the
edge of the channel. So far. then, from the
Council having right to extend the wharves in
the manner proposed by this bill, those already
erected beyond the edge of the channel were so
erected in direct violation of law, and an obstruc-
ton to the navigation, which. in justice to the
community, ought to be removed. And it is the
duty of Council to remove these distractions
at least such of them as have been recently erect
ed, and to prohibit by law the extension of any
wharf beyond it's present limits. unless by due
examination of each particular case by the Coun-
Gil themselves, commissioner appointed for that
purpose, they shall be of opinion that the present