Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1852-02-25

prompt and unconditional Submission 10
the mandates of the law. We recognize
the truth of the great principle that far
more greyious injury though of dife.
rent character, will be done the body pol.
| itic by open resistance to the law, than
can be inflicted by the execution of It's
sentencelhoweyer harsh orfigoTous orop.
prossiYe 1t might be thought Ia be in any
given case. And the decree of the court
in thiseause has gone forth and the ques.
ton now is. what, if anything, remains to
be done fairly lawfully, and peacefully,
ON behalfof the city of Wheeling to avert
the destruction Of this monument of her
enterprise and public spirit this tributary
Ito her growing wealth and Importance p
Are we, in this country, and IN TINS en-
lightened age, to witness the demolition
of this great work, in order that the zeal.
ousies and heart-burnings of certain rival
interests in the, city of Pittsburg,. which
have Witnessed the rapid strides made by
Wheeling in the path to.wealth and great
ness with SO ill.conceded, dissatisfaction,
may be gratifed and appeased Must,
this noble structure, combining the useful
and the beautiful'in so eminent a degree
as Justly to entitle it to be considered the
pride and ornament of the State as wellas
ofthe city,of Wheeling, be RACED to its
foundation for reasons which apart from
the rigid rules of the law of nuisance as
lexpounded by the court in their decision
in this case, would seem 70 be compara-
lively so trivial and so inadequate Sure
" this ought not to be. The spirit OF the
age in which We live, proper appfecla'
ton of what is due to private enterprise
and lust regard to the great and impor'
tant public interests involved, all concur
to forbid it. Thisis not the day for the
spoliation or wanton demolition of great
and splendid monuments of art and the
sciences. No longer is meritorious pri-
vate enterprise to be repressed and de-
spoiled of the Just and honest fruits of its
efforts in order that the jealousies pronnp-
ted by Intellectual rivalry or unsuccessful
competition may be apPeased. Nor are
we hereafter to see tho just rights and
claims of the public trifled with or put in
peril TO promote the ACKNOWLEDGEMENT of
petty local interests. And fortunately
for the city of Wheeling and the public at
large, the decision of tho court in this
case carries with it, or at least sufficiently
points out, the antidotc, 1.-THE courts of
! the United States have the jurisdiction
which has been claimed and asserted in
! this case, to administer and enforce the
law of nuisance in case of an alleged OBJ
struction to the navigation of stream
which is declared to be common high
way for all the citizens of the United
States, it follows as necessary corollary
that the power of legislation on tho sub.
| iect must be in the Congress of the United
States 1t must be somewhere, and 1t
can be nowhere else than i'll that body
| What is there, then, that shall prevent
Congress from re modelling the law of
nuisance in its application to n case OF
this character, and SO altering and nodi-
flying the rules and principles which have
| hitherto prevailed in its constitution ~
shall at the same time duly respect every
interest involved, and yet prevent tho
harsh, rigorous and injurious operation of
the law administered by the courts p
And why may it not by n proper act le-
galize this important work upon such
terms and conditions as shall be wise, just
and equitable ? And who can doubt the
result Of a proper application to Congress
for these purposes, with the facts bearing
upon the subject fairly presented and
properly understood? TO doubt that
such a bill, properly prepared and suita-
bly, guarded would receive the sanction
of Congress, would be to question the
intelligence and patriotism OF the repre-
sentatives of the people. 1t seems TO me,
therefore, that there should be no delay
in bringing the subject before Congress-
by suitable memorial presenting the
facts fairly but fully, (and they will suf1i'
cicntly demonstrate the merits Of the APP.
| plication, and asking that an actbe pas.
scd atIording the relief desired upon lust
and equal terms: and IL Is believed that
every man who takes an interest in the
preservation of a great public improve.
mcnt, second to no other in the country in
point of artistical elegance and general
usefulness, as well as all those friendly to
the prosperity Of the city of Wheeling
viii cheerfully lend hand to promote
the success of the measure. 5.i.n VOL,
Mr., Editor l have written the forego.
ing without system. and without premed-
ltation, and there arc some points upon
which feel disposed to enlarge and to
offer some views which have occurred TO
me. l would like TO examine tho queS.
ton of the jurisdiction claimed and assert
ed in this case for the courts of the Uni.
ted States, and also TO make some SsuR-
gestions which, perhaps, may not be
wholly unworthy of consideration as To
the mode and measure Of the relief which
l think can be successfully sought at the
hands Of Congress. But probably what
has already been written, will occupy as
much OF your space as you may be will.
ling to allow in one number Of your pa.
per, and shall not. therefore, at This
time, trespass further upon vour columns