The daily union., 1852-09-12
THE UNION WASHINGTON SUNDAY MORNING. SEPTEMBER - 1852


and independent branch of this government and when
the Judgment Of that spropery rendered IN case
where has jurisdiction, hnal and conclusive NOW
what the proposition here IL TO oveftun ana SET
aside the decision OF the Supreme Court OF the United
States What right have you 10 do that9 The Supreme
Court amongst other things, decided;
l. The Ohio river is a highway Of commerce between
the States navigation whereof being secured by
laon OF Congress and by compact OF Virginia and hen-
be DISTRACTED under authority of any State.
p An obstruction TO the navigation OF the ONO river
injury the and public works OF the STATE oI
Pennsy yana. which she is entitled redress by pro
ceedngs Ia equity In the Supreme Court oil the united
IS The Wheeling bridge serious obstruction to the
navigation OF the Ohio river, and is public nuisance
packets between PIttsburg and Cincinnati. which carry
OF the trade and thee ouhs OF the passengers on
freight carried by them exceeds S35 900 value and
the passengers over eighty thousand IN number.
s. The bridge is nci nne-two feet above the ground
any points highest point is the channel and
thirty feet lower at endithan at the Others so that
he packets in stage OF water without
ducng the height OF their chmneys, lowering them in
order pass the bridge.
practical skill and experience, that the present height Of
The packet chmneys is necessary and that they be
power of the vessel
'.7. The packet chmneys as high as they
before erection of the bridge Chmneys OF equal and
height used on the steamers and the best
packets Of the eastern waters, the lakes, and the Miss
s 1t proved by science, experience, and the
OF things that The packet chimneys cannot be lowered 10
pass the bridge without imposing heavy expenses upon the
packet and endangering the safety of the vessel and the
lives of the passengers and
20. The defendants required to relieve navigation
from obstruction by elesang The bridge 70 the height Of
width OF three hundred feet over the channei.
10 Thscsn be done, and the bridge, after all expend
lures are made, will yield fair pront TO the stockhoder
These the points which were adjudged by the Su
preme Court of the United States. 1t decided that the
citizens OF Pennsylvania had right to the free and
obs,ruced navigation OF the Ohio river and that the de-
pryaoa OF that right was an injury TO their ports and
hair citiz | hat haya ~
interfere with the decision OF the Supreme Court This
not the place where an appeal be heard from that
Court have decided that those having the right OF water
navigation cannot be interered with by those who have
the right OF commerce by land for il is secured 10 them
| by compact.
The resolution in the Congress OF the Confederation
dated the 18th OF May, l7s6, is as follows
Resolved. That tue navsable waters leading into the
Mississippi and 81 Lawrence and the carrying places be-
common highways, and be forever free, well 10 the
saoans q sad = Territory as to The citizens OF The United
into the concdera on without any tax impost, or duty
therefor. ."-Jownat Of Congress- l7s6, page 6s7.
By the sixth article of the constitution this engagement
OF the confederation became valid against the United
States under the confederation In 1859 Kentucky
admitted into the Union upon certain and con-
ditions, among which was the following
"Thst the use and navigation OF the river Ohio Ear a.
remain without the limits OF this Commonwealth lies there
States" Sta - ~''N S' - ''''Ne''' ~ 0'''''
This bridge was erected by private corporation. A
private corporation, therefore, ineTferes with the free
navigation OF the Ohio river and with the commerce oil
that river. The question is, whether private corpora
ton erect bridge of the great channels
of in this country 10 obsruct that
1t is said that you have the right 10 es.ab sh postoads
and the power 10 do this sought u be established
under the power granted by the constitution Congress
10 establish post Offices and posr But sir have you
right carry item of this constitution
invade the constitutional rights OF citizens under another
clause of the constitution
II is not my purpose TO argue this question at length
Ii would be useless and unnecessary TO do this late
hour the evening" and at this late period Of the session
even il had physical strength, after twelve hours
SION, do II has been fully heard before the com.
peent tbunal-the Supreme Court of the United States
and that tribunal has decided that the rights of citizens
of Pennsy vana have been invaded. Now sir, suppose
that the Supreme Court OF the United States 10 de-
eide that your title to your farm good one, what
right would the Congress OF the United States have
erere and IN opposition 10 the decision OF the
that your rights could be invaded.
only state the points in the case. for have time
or strength to do more. ! make this opposition the
proposition under the instructions of the legislature OF
my State, which consider binding in this In
1914, when bridge rs proposed TO be erected
the Ohio from Wheeling The legislature OF Pennsylva-
MIA instructed her senators and requested her representa-
ves in Congress TO vote agains, the construction OF any
bridge at any place which would interfere with the
CATION OF the Ohio river In 1850 similar resolution OF
instruction passed la 1851 she repeated those in
sructions The canal commissioners of Pennsyvan
have declared that the bridge obstruction TO the
free navigation OF the river, and injurious to the
merce and revenues of Pennsylvania. The Supreme
Court of the United States has sustained this complaint
1t has declared these complaints to be well founded and
think therefore, that this legislation is altogether out of
place There is urgent necessity for the adoption OF
this al this time. AT any rate, the judgment OF
the Supreme Court cannot be carried into effect, and
cuuon had thereon until February next That being the
case why should we have important question de-
cided upon amendment TO this bill. at this late hour
OF the night and this late period OF the session Let it
go TO the next session II is delicate and import
question: and ask that the subject be passed
until the sext session Let the bill which from the
House lie the table until December next, when we
can consider it deliberately.
have said that this is delicate and important ques-
on II is which cannot be argued fully this evening
do not feel al liberty TO go into II at length, have
all the papers and documents before Besides, my
colleague has been unable remain the Senate cham
Der this evening and has gone home. We have
been session nearly twelve hours tie is not here and
presume he desires to be heard II we pass the subject
until December next, this company will be in.
ured and then deliberately and carefully exam
inc and decide this delicate and important question be-
tween sovereign States between two OF the old and ven-
cradle States OF this Union We can then decide upon il
in much better manner than now.
MIR. BADGER. If. Mr.. President, this question has
been brought before the Senate unreasonable time
wish the Senate to bear witness that there be any
fault about IT, IL is the fault of the from Pennsy
vana, and not mine | asked the Senate days ago to
take up this bill for consideration II IL had then been
should have had opportunity 10 discuss it, The
ator objected TO then, and objected TO IL the ground
OF the absence of his colleague His colleague in
the chamber IN three minutes after the Senate had dis
posed of the question
Mr.. BR0DHEAD 1t is true that objected to it a few