Daily American telegraph., 1852-02-21
An Important Decision by the Suprem
Court.

Court.
In the Senate of the United States, yesterday,
Mr. Hunter, of Virginia, presented memorial
from thirty six members of the legislature of
Pennsylvania, stating that the Wheeling bridge
is not, in their opinion, such an obstruction to
navigation as to make it nuisance, and pray
ing that Congress will protect it. r
In presenting this memorial, Mr. Hunter took
occasion to observe that the question was very
important one, and he had little doubt that it
would lead to similar movements in portions Of
Pennsylvania, Virginia, and perhaps Ohio, the
object of which might be to induce Congress to
establish mail route over the bridge, which, he
learned, would save it, according to an intmation
thrown out by the Supreme Court He had said
it was an important question; perhaps he might
add that it was, commercially considered the
most important that had ever been raised in the
Supreme Court. 1t involved no less than the
whole question between the rights Of those who
carry on commerce over navigable streams by
bridges and railroads. and those who trade
along the water-line in boats and vessels
From what he understood of the decision in
this case, every road which crossed by bridge
navigable streams, whether they run through
more than one, or certainly within the confines
of single State, is now subject to the jurisdic-
ton of that court OF all the bridges that
crossed navigable streams, he was informed, that
of Wheeling was the highest; so that perhaps
there were none which were not subject to demo-
tion at the suit of some one, and by the order Of
the court, unless Congress should interfere. What
effect that might have upon the internal improve
ments of the States and the legislation of Con-
gress, it well became the country to consider
Such, said Mr.. H., are the momentous ques-
tons about to be forced upon us by this assump-
ton of jurisdiction, on the part of the Supreme
Court, which a MARSHALL refused to take, and
whose exercise TANEY pronounced to have been
ga great error " in that tribunal
The decision of the Supreme Court, referred to
by Senator Hunter, we have been informed was
read by Chief Justice fancy. Mr.. Justice Daniel,
of Virginia, read his written opinion, dissenting
from the opinion of a majority of the court. The
decision of the Chief Justice is considered among
the most important if not the most startling that
ever has been made by the august tribunal over
which he presides. 1t is considered the severest
of the sovereign States have ever received. Judge
fancy comedies, in his written opinion, that his
convictions conflict with those entertained by his
predecessor, the lamented Marshall, but said the
opinion of his predecessor was grave error,
which the court could not think of perpetuating.
Mr.. Justice Daniel, in his dissent, said it was
embarrassing to differ. with the court but he was
relieved in the reflection that he was supported
by good authority; that he found himself in COM
pany with Marshall, Story, and Chancellor
Kent.
We predict that this momentous decision OIL
the part of the judicial branch of the govern
ment is destined to produce great sensation in
all parts of the Union, and especially in the
Southern States. A distinguished Southern Sen
ator, of the State Rights school, upon hearing OF
the decision, declared that it was palpabe in
fringement of the India-rub6er patent" issued
to gentleman Of the North !,