Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-12-16

their mental culture. A more eligible point
could not be found in Virginia, for the successful
consummation Of the project, than the one cho-
sen. 1t IS easy OF access, entirely healthy, and
in the bosom of population inferior TO none In
America in purity of sentiment, elevation CT
character, and grace and dignity of manner. |
will lay before you, in few days, memorial
from the trustees setting forth It's claims to your
support and commend their application to your
favorable consideration.
Since your adjournment the nation has been
plunged into the deepest grief for the loss OF the
President of the United States. He breathed his
last in July, at the city Of washington. No in
cident could have produced a greater shock or
more profound and sincere sorrow. The ma
ton knew him to be great in tie field, and they
believed him honest in the Cabinet. All diffe-
rences are buried in the grave that contains him
ard the memory Of few men will 1--we longer al
the hearts of his countYynen.
-Four serious attention should be directed to
the suit now pending in the Supreme Court Of
the United States, il the name OF the State oi
Pennsylvania against the Wheeling and Eel
mont bridge company The pfetenS.on on
which it proceeds, is an eacroac ament on the
exclusive and sovereign authority Of Virginia,
is in direct opposition to every principle Of
right A proper regard for the honor, secari.y
ard welfare of the State, and for the interests of
our citizens, demands the adoption by the Legis-
aure Of such measures &. may be calculated TO
establish the right and maintain our lawful ju-
riedcton against such claim urged by pow
ertul coramouw ealth. If a precedent should be
established by the decision Of this cause, in i
manner unfavorable TO the conpauNand to the
State il is to be feared that it would ehectnall,
and forever prevent the bridging of~he Ohio, at
or anywhere below the city of Wheeling.
The General Assembly at its last session; sat
isfied that the proceeding against tie Wheeling
bridge was vexatious and oppressive, psoInptad
by the ieaousies OF Pennsy lvans, sid sustained
by futile allegations, enacted that the bridge
should be deeraed OF lawful height. But 1t is
asserted by Pennsylvania, that Ter rlghtsa Pa
ramount to the authority OF Virginia. and that
the act OF this State is therefore invalid; though
lis application is entirely confined within her
own Boundaries The claim, thus put forward,
extends over the whole river, which forms the
western boundary oil our State 1t has been IN
sisted that the ordinance Of CONGRESS- passed In
1885, declaring that the gable waters lead
ing into the Mississippi, shall De common high
ways is applicable in this case, that it is, even
within Virginia of superior obligation to her
own Legislation and that lnder it pennsylya-
MIA is entitled to maintain his action. These
propositions are all contested by the company,
and with good reason. But if they were all
sound, such an ordinance, when regarded as a
rule of action for a State ought not to be so con-
stued as 10 deprive her of the authority TO estab-
lish works OF public utility and in the attain
raent Of this object, 10 impose limits on that ex-
ercse Of the right Of navigation by her own cit
liens equally with others CT the propriety Of
the limits actually imposed by the cons'Ene-
ton of the bridge, or by the declarations CT the
State, abe is the proper and sovereign judge.
1t will be perceived thatlhe principles involy-
cd in this cause are Of the grayest moment TO
the rights and interests Of the commonwealth,
and ii may be well questioned whether private
company should be subjeeed to all the expenses
Of q heavy litigation in suit in which the State
is principally interested, and in eontending for
decision in which ii obtained, the State must be
the chief beneficiary I would, therefore, re-
commend such Legislative action as vii! protect
our citizens against oppression, our riehlul lurs-
dlciion against successful encroachments and
will not leave TIE whole weight OF a State duty,
and Of expenses incurred fer the benefit OF the
State, on the shoulders OF private company.
u The remainder of tao Message is devoted
TO consideration Of the removal Of the Free
Negroes, and discussion Of the Fights of the
South. On the later subject the Governor ad-.
vises non-intercourse with the North.