Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-09-11
SPEECH
HON. j. A. WOODWARD,
OF SOUTH CAROLINA,
On the Wheeling Bridge Case.

| OF SOUTH CAhObiNh,
On the Wheeling Bridge Case.
| On the Bill declaring the Wheeling Bridge law
| full structure and n post route,
Mr.. WOODWARD said:
| Mr.. SPEAKER: The question before the House is
a very broad one. Gould under any clrcumstah.
ces do Justice to it, cannot in the brief space OF
| an hour. 1t has been the subject OF protracted
litigation in the Supreme Court OF the United States
and has terminated in decree OF that Court ad-
verse TO the Wheeling Bridge. That litigation has
1 brought forth voluminous argument from the
ablest council on both sides of the question, and
| finally, all elaborate judicial opinion accompany.
| ing decree of the court. The public mind and
| the mind Of the House have been pre-occuped by
a theory of the argument. To present my own
views, therefore, without disadvantage, IL would
be necessary first to dslodge from the minds OF 9TH
crs what conceive TO be erroneous impressions
But have no time to do that. Hours would be
necessary for the purpose. SHALL therefore, go 10
the beginning of the argument, and present my
| own views directly and affrmatively, and leave II
to the House to judge, by comparison, whether or
those on the opposite side of the question be IN Inc
right.
The argument is founded, remotely, in the law
of nations, though it had once existed among the
States and directly in the Constitution, as having
superseded and supplied the law of nations. 1t is
a mistake TO suppose that we are to look to the
celebrated ordinance of 1857, relative to the naV-
gable waters of the territory West OF the Ono rlver,
or to any other ordinances orspecial compacls be-
tween particular Sees for the principles that are
to guide in this discussion Let us briefly COIL
| slider this point
Under the Articles of Confederation, or old Con
stituton, the great inconvenience complained OIL
was the diversity of commercial regulations among
the States and with foreign nations, and the great
| decideratum of the times, was uuitorm and mar
monious system. This could only be ELECTED by
| entruSting the commercial power to the common
government of all the States. With this view, and
| 9TH vIau fb,.E first e.,
and the first step taken towards the formation oil
new constitution. 1t is true that the new constl-
tuition went further than was originally Intended
but Mr.. Madison says what all, upon investigation,
will perceive to be true, that the only important
power added 10 those already conferred upon Con-
gress by the Articles OF Confederation, Is the COM
mercial power.
So great was the Inconvenience from the conflict
ing commercial powers of the several states, thal
in July 1857 the State of Virginia and the United
States determined that, far rs the territory and
the States into which it was to be erected, were
concerned, the inconvenience should, as lar as pos
sible, be provided against. Hence the provisions
of the ordinance of 1877 in that behalf.
| But, three months after the ordinance, came the
Constitution, and gave universally to the provi-
sions of the ordinance. What the ordinance had
provided for the Northwest Territory the Constltu-
ton established for all the States. The ordnance
was merged in the Constitution and superseded by
it; and we now have one uniform and universal
comnccial system throughout the Contederacy.-
| 1t is but deforming the argument to look Tor It's
foundation i'll this ordinance or any special com
pact between the States. The Constitution coy
ers the whole guound occupied by any such ordl-
nance compacts. will not, howevar, insist on
denying, but that, in some minute particular, the
Constitution has varied the effect OF the ordinance
But do deny that the northwestern States are the
losers thereby. The provision of the ordinance is
as follows:
"The navigable waters leading into the Misss-
sippi and ST. Lawrence, and the carrying places be-
tween them, shall be common highways and for
ever free, well to the inhabitants OF the said ter
rltory, rs to the citizens of the United States, and
those of any other States that may be admitted in
TO the Confederacy without any tax, mpost or du-
ty therefor"
By this provision the citizens of the old States
enjoy the right of free navigation in the waters OF
the territory, and Of free transportation along the
carrying places between them, and yet retained
each the exclusive control OF its own internal wat
ers and carrying places. Here was want of reci-
prociy, and the inequality was against the new
States; but whether the Constitution corrected this
inequality by enlarging the privileges of the new
States reducing the privileges of the old III this
particular, the new, States the gamers. This
whole provision of the ordinance issupersedcd, and
its inequality rcctifed, by that provision of the
Constitution which says: ''The citizens of each
State shall be entitled to ali privileges and immu-
mites of citizens in the several States" BY any
minute difference between the effect of the ordl-
nance, and that Of rhe constitution, must yield to
the principle of uniformity and universally IN the
fundamental law, and of equality among the States
The ordinance, says Mr.. Madison, was passed
| ''without authority of law" and this he said
while engaged in defending the new Constitution,
and commencing it TO the adoption OF the States
But admit it to have been otherwise; the parties &c
the ordinance were competent to discharge eacf
other from its obligations, and in freely entering III
| TO the Federal compact, they did so.
But while re cct the ordinance as all authentic
foundation of rights and privileges, it affords his
toric proof that the States of the Union all It gard
ed the Ohio free to all the people OF the Union
The ordinance in mentioning the navigabie wat
ers of the territory, describes them as leading
not as running into the st. Lawrence and MiSsis
sipi. The word leading was used because be-
tween the rivers of the territory and the ST. Law
renee, Lakes Eric and Ontario, linked by the Nj
agara, interviewed; and with regard to the Nlissis
sippi, the OHIO interviewed, the rivers first running
into the Ohio, and thereby "leading' into the
Mississippi. 1t is therefore as certain that the
Ohio included as that the lakes were.
Some little pains have been taken to disincum
Der the argument of this ordinance, which has 81
often been made the foundation of special system
of doctrines for the Mississippi and its tributaries
Ito the dsparagement of other navigable waters
l have said that the argument IS founded remote
lyin the law of nations, and directly in the Con
stituton. 1t is founded in the law Of nations, be
cause the Constitution is founded in that law
Let us, then, look into that law, and what ar,
the reciprocal commercial rights of the people o
civilized, not 10 say barberous, States. The RICH
to enter upon the territory ola foreign State witt
view TO trafc with the inhabitants; and for tina
purpose, the privilege of traversing the public
roads and bridges, and private ways, and using it
navigable waters; the right of passage through
with view to traffic with nations beyond; thu
right of travel; the right of residence and domcii
alton, and the pursuit of any full trade or bust
ness; the right 10 hold property, and to be protec
ted in peHon and property; the privilege of resort
ing to the courts for the purpose ofressting wrong
or maintaining right; these are among the privile
ges extended to aliens or foreigners among the civ
il States of the world-in great degree by semi
barberous nations, and even barberous. The.
are, however, 1 concede, only imperfect rights
and ofthese, it will, perhaps, be pretty just gen
eral description to say, that they such rights a
require to be secured and made perfect by treat.
stipulations.
Of thiS