Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-09-11


| interest we may have originally in the navigation
of that river; it is hardly possible that the oneo
States would fail, in process OF time, 10 resent !he
denial of the privilege in question: NOTWITHSTANDING
her treaty stipulations to the contrary 1t wouiu
lie argued by our people (not by myself individual
| ly) that teemng and still multiplying popula-
ton, with an immense and growing wealth IN com,
nerce and agriculture, not foreseen or reaiized al
the period of the treaty, should not be held to suer
and to 20 on suffering great sacrifice, because an
inconsiderable interest, when the country was 10
some extent an Indian wilderness, was not thought
worth conending for 1t would DC aiiegea ana'
equity had grown too strong for treaty stiPulatons.
| 1t is not denied that where the internal SeculI!
aud peace of nation should he involved, II might
iustifaby refuse this privilege; but the constitu-
tonal disability of the States OF the Union 10 levy
war against one another, the unity of the war power
and of all foreign relations, and the unity OF citi
Zenship have removed every reason upon winch
nation ever pretended to justify n refusal
| The river Delaware passes between the STATES
! of Delaware and New Jersey, having its origin
mainly in the State of Pennsylvania, and is the
ocean outlet of the great city OF madelpha. NOW
surprising the two Stales first named to posses Juris-
diction of the soil under the water OF the river'
where it ineryenes them, as the State OF Virginia
in fact does in the soil under the waters OF te low
or section of the Chesapeake bay, when is part
of her rightful internal domain, should those TWO
States claim to control the navigation OF the rNef Ut
| their discretion, or should the State OF Louisiana
| set up similar pretenson in relation to the lower
end of the Mississippi, within her territory, inc Pu
bic mind would be struck with an aSlonlSniHeIt
| only to be exceeded by what we should oil leel,
| were gentleman to rise in his place ana assert
that the Constitution came not to disable the oaes
from coi,i''tihs SUN iiio1 I ~ ~ s I;,a co.
one ailoet, ~. S 90 .e ~ rora h,t IN
NOV u seeuie .ue , 49, as - th low of
nations would afford them for self defence. But
am somewhat III az. &C vi .ne ais nv ,;r,.a ~,
/ Lei US conceive tne St eo " oe ,;,t;ur
ana oothe uwa! iioii t,'e 81 ,s, -, en- AZ ,n;1
| inc law VI I,"Io H ., -, . ,'ia ar,,, ~
Hh u ar nc. -; -. ~ ;.,., go. ~ IN.
Iuii o,S &C au esti t ~ NV INV, H. t ,,ot r;sen
Geu o.u.os' ioi VIC ~. t r..,hd he Con
ao.Ne .hc ID" VI hn'ioi' ''o' ~
S's W $; ,,a Consultation and what Inns II
-" ;d 20 ,,S 7, hoe nat consnlidoted the
e n. =. . ~ ~. Is, tha,n sonnrote and
81. .:.s, nv o.o Vii W. snmn measure
: :. ~, o e. :, ., a., com. Tine stands he
u tts's upo '.e H. ~ ,; ~ ~" I'D shs,;tmtaJ the
me.'t me- ,; "1 NE i; or tI,om snec;oi Inv nj M
"a" VI i,a,ioi'e' a' ID " - .:i :; :. An,
.,ohs. nete .he IA" " ~ ~ ast,hi;sb not IN i'm
1t ciine het W aoiosu'e, @ ~ ~. ~, i;,;,,;st hut
pa't' ou' " iuse ui'u ouPP:i =: - -, n;o;nt
TO multiply. IL hcluues wl,hll ,.s :oie ;,a .;Sr
iaeuiues' EYER! ohc Posees'eu' n , h. tb iu
iuhsc vi ooJecI' e'ei! o'' eo' - $50
oil hauois. ;,,..;,u,, ,;,,+ ,hot
l contend that every lntetnatiohai rsnl uia' l
nave enumerated Is pfoElueu ioi U! lie Coh'.i,u
ton What were perfect rights are Pellec. ,'sli's
still; what were imperfect have been raised INTO
perfect; and what, by the law OF nauohs' were
but indulgenceS have been transformed mo tish'S
Into perfect rights. your Consutuu n mas gone
still further and created Interstate riehs UNKNOWN
10 the law OF nations, general or special. :" ma.
these are siall not take tue 10 ehuihei''e' Luz
1t has not stopped here. 10 the rieh's III question
1t has given that legal recognitioh' ana mas pro,
: Vlded Tor them those systematic anu icSuiatcu
means OF enforcement whlcn oeiohs 10 i'itefhai
municipal rights. III lleu Oh inc sohe"hal vague
and heterogeneous law OF natiohS' you nave uenil
llfe lundanental Jaw Ill pace vi .nt.ei, u,o'tust
and Puitendorl' you nave LEGISLATURE ll's'e:u VI
the ultima rdho gennum-war' you ha'eh JUL
ctarv, ana legal process ana marshals.
But whiie the lnternauohai ishts icIeiieu "
have Their legal estaolishmeht' or oLisin, III 'ne
Federal constitution they are not an REFERRED W
the Federal Legislature or judiciary lof heii poPe,
regulations ana enforcement. oolhe ufe ic'eiicu
t. the local Legislatures, others to the general
When the conditions under winch they exist ana
are enjoyed are WITHIN inc minus OIL STATE tl.e
State authorizes take lurisdicuoh Oh 'he'n; oul
when those cohultlons are not whoA! "ithi'
State, jurisdiction belongs to the common govern
inent oil all tie States but lhe iiShIls not 'ie iess
secure iof neihg coihiilcu 10 inc o'a : S'S u;
iheht. Sci'alIty Ito seeui,'! 10 no .I S. -
my u S;nh'J fa,,, r;n NV G;st;nct;on he
twasn ;;s own cit;zens and tIos, of other States
with respec, to .privilepes and immunities''-
, Whatever conditions State may impose upon the
limmunites of the citizens of other States ii must
also impose upon those of its own. What greater
security than this could be asked? But if anything
further was desirable it not C. nSlstent with
the sovereignty of the States that it should be
ceded. 1t would have b, en- going very far to have
invested the Federal Government with power TO
place the citizens of one Slate better footing
IN another STATE than the citizens of the other
State themselves hold.
| have said that where the conditions under
which the right accrues are not wholly with any
particular State, the Federal Government, either
in its legislative or judicial department, has juris-
diction OF the right There are perhaps excep
tons to this proposition: but it is tue in the main,
true as 10 any matter involved in the bill before
the House. If the great riparian right in ques-
ton be not committed to the General Government