The daily union., 1852-09-12

their pipes Bat Notwithstanding the height OF the
the fact there twelve and
halt feet OF water in the channewe passed under the
bridge, moi at lis highest polntfo was Inclined 10 be-
heye the time that, there were two gentlemen on
board who would be called upon TO vote the subject
the captain really desired to give practical ilusira-
ton OF The fact that the bridge obstruction BY
striking the pipes OF his steamer against i little while
before, when my friend from Indiana Mr. BRieHTl was
on board going down the river they did man
age 10 strike the pipes against the bdge and they sup
posed, presume, that that would be sufficient evidence
TO satisfy that that the bridge ought TO be
moved. But when we were going up, one OF these
large steamers failed TO strike the bridge and therefore
did not satisfy that should be removed La my ludg-
ment, that bridge should not be disturbed.
The senator from Pennsylvania assumes that we have
no right disturb the decision OF The Supreme Court.
Now suppose that bridge had been constructed across
the Ohio river with elevation OF only twenty feet,
and the Supreme Court had decided II constliu-
tona BRIDGE and we, entertaining the opinion that the
Ohio river great national highway, thought the
obstruction should be removed, should we no. have
the power 10 nuify the decision OF the Supreme Court
TO change the law and declare that river a nayigabe
highway, We do not here attempt 10 resist the decs-
ion Of the Supreme Court. Admitting that they made
the decision clearly under the law then existed yet
entertaining the belief that the public interests required
that the should remain say perfectly com
peent for the national legislature so to declare.
The species of rivalry which has been gotten up be,
tween Wheeling and Pittsburg care nothing about.
do not sympathze with either party. look alone TO
what consider 10 be the interest OF that region OF coun.
| try Not being citizen OF Ohio, have no personal
interest or connexion with IT. But regard that bridge
be disturbed II the bridge is too low Tor the steamboats,
10 pass under they very easily fit up apparatus
o would po obsTue The .I navsaon hs
river, any time, than five weeks IN the year;
and tina, could be easily obsiaed by lowering the Chin
neys of the boatsa process which can be easily accom-
pshed by delay of not more than five Ten minutes
| Mr.. CHASE. Mr.. President il is true that the sruc.
ture of the Wheeling bridge is splendid monument of
art and science. II is beautiful structure, highly cred
table to the skill and genius OF the eminent neer un-
der whose supervision built but apprehend that
the precise stale OF the question is not exactly considered
by the Senate II is not understand IT, whether that
bridge shall be removed not, but whether the bridge
shall be changed accord with the decision OF the
Supreme Court and leave the navigation OF the river un-
have been somewhat acquainted with the progress of
this case and know something practically in regard to
the character OF this river. do not think that the
bridge company have any reasonable ground of complaint
against the city OF Pittsbug. am bound to say be-
cause, when line stretched the river, ndi
eating the present position OF the BRIDGE the company
was Doiedand it appeared by The evidence-,ha,
application would be made 10 judge OF the Supreme
Court Tor an injunction 10 restrain the structure Not
withsanding this notice, the company proceeded and
proceeding thus after warming they were not entitled to
any extraordinary sympathy il it should be found that
| the structure does create nuisance.
/ This whole has been very carefully examined by
the Supreme Court, and they have 10 decision
that this BRIDGE in its present position nuisance and
seriously obstruc,s the navigation of the river Ii is
nuisance, because boats, with their ordinary chmneys,
cannot pass under II at all stages OF the water, to
preserve the navigation OF The river uninterrupted
navigators OF the river, you shall arrange your
business to accommodate yourself TO the BRIDGE"
when the Supreme Court has said to The bridge company
You shall SO arrange your bridge as TO accommodate
TO the navigation of the river" Now, if that is not
putting ourselves directly in collision with the Supreme
Court, am at loss TO understand how we can accom-.
plish that obect repeat that the Supreme Court say to
the company, " You shall arrange your bridge 10
accommodate the navigation of the river" and
proposed that we shall say to the navlgaoIs OF the
modae il to the bridge" The Supreme Court has de-
cided thus:
i "It is clearly proved by science and conrmeS by prac-
packet chinneys necessary and they cannot be
reduced in length without serious injury to the speed and
Il, is proved by science experience, and the Of
things that the packet chimneys be lowered pass
packet and endangerng the safety of the vessel and the
lives OF the passengers and crew
obstruction by eeyatng the bridge to the height OF
hundred and eleven feet above level for the width
OF three hundred feet over the channel"
The present height OF the bridge is ninety-two feet,
and the decision OF the Supreme Court, making kind
OF compromise between the interests OF navigation and
the interests OF this company u.s. that they shall raise
the bridge to the height OF hundred and eleven feet
that s they shall raise the bridge nineteen feet above its
present level. Now, | understand that all engineers
concur IN the opinion that Mr. Ellet himself under
whose supervision the work was constructed thinks
that it can be raised at expense OF some $4,000
S50000. II this can be done, is II not obvious that
20 beyond the mark if undertake 10 set aside the
decision OF the Supreme Court, require the naviga.
ton OF the TO conform TO the interests OF the bridge
company II we wait for few months, until the mat
ter be settled by experience, and fair opportunity
| be afforded 10 The company 10 see whether they
comply with the decision of the Supreme Court and
raise their bridge shall be able 10 act understand
ingly.
II happened TO me, not long since, to pass down The
Ohio rlyer on my way from this city 10 my home in
Cincinnati. When reached Pitisburg the water
very high. II at extraordinary height-a height
to which il does not attain, it is true, than
or twice year, and sometimes not so often, But
obliged TO remain two days at the city OF Pittsbug,
because the boats could get under this bridge,
only without lowering their chimneys, but withou,
taking of their wheel houses member of the other
House. recolIeci, went in advance of by one day
from the city of Harrisburg; and |, after waiting two
days in Pisbug took the railroad round by the lake
reach the city OF Cincinnati, instead OF going down the
river, and found that The gentleman to whom refer
had gone down in a boat from Psburg, but finding
impossible TO get under the BRIDGE he had returned TO
Beaver, and from there we went on 10 Cincinnati, BY
the railroad, together.
This bridge is obstruction TO navigation. What is
the very best thing TO be done, do pretend 10 know
know that how other there must be compro-
and the great railroad interests which seeking
the stream But DO think that this late period OF
the session. and this late hour OF the night the Senate
should undertake TO decide hastily upon this matter,
when, by The acknowledgment OF the senator who propo
ses amendment, the whole thing be investigated
at the next session OF Congress- II is OF those
in which the maxim Of fesfina ienie most enphatcay ap
plies.
Mr. TOUCEY. Mr. President, should not be willing
TO give a vote upon this amendment without saying
word 1t is with very great ditbdence that dissent from