Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1852-12-15
REPORTS OF THE ATTORNEY GENERAL.

We are indebted to the kind attention OF our Rop-
resenatve, Dr. w. S. MoDLEY, for sereral interest
ing pamphlets, among which are two Reports 10 Ills
Excellency, Gov. MEANS, BY J.. w. lIAYSE, Attorney
General of Sonah Carolina.
One of these Reports is on the shheet OF the Au'
gusta Bridge anil the Navigation Of the Savannah
river. 1t is full, explicit and satisfactory document
renccting much credit uponits talented author lie
argues against the claim, which has been set up ny
of the citizens Of Georgia and advocated ny
portion OF the Georgn Press toihe exclusive ursdc
,on Of the State Of Georgia over the waters OF the
Savannah, assigning ow-water mark on the Carolina
side as the boundary between the two States. lie
shows that the Constitution of Georgia adopted IN
1913, in accordance with the Convention concndeu
between the two States in 1857, ,Sdid not pretend to
assert any such exclusive rights but only claimed us
the boundary line, the Northern Branch or Stream
of The Savannah reserving all the Islands TO the State
of Georgia. 1t is admitted that certain Act OF The
Georgia Legislature l783 uses the expression "aong
the North sidc thereof;" ha, this being the only hme
it has been used, und being Inconsistent with the
terms of the first charter to- Lord PERcIrAL JAMES
OuLrTnoRrE and others, Of their surrender to the
crown and Of every other royal commission, and not
having been reiterated by the Georgia Ieg"l"sure or
alluded to by the Convention Of Beaufort, it Is very
justly pronounced "nusatory."
This poin, being established, it is only necessary to
show that the common law wprincipe," that proprie-
tors, with stream dividng'them own usque od Gtum
aque Ito the middle of the stream) applies to the
boundaries between nations. This pJo9osiltof the
Attorney General establishes concinsfvely 10y The
force of such high authorities as VATEL, WHEATON
and Chief Justice MARSHALL. "Territorially then,
to use the language Of the Report, South Carolina
il in effect declared to be bounded ION The Ncstl by
thread in the middle of the stream (Snvanna',l
where there is but stream, but which thread I'm
the case of the Intervention Of islands defects to-
wards her own shore, takes the middle OF the most
Northern channel and excludes the Islands" Under
these views, tscems perfectly clear that no charter
Of the Augusta Bridge, or any other bridge pas'ng
over the thread Of the Stream, can be valid wlrch
has not the concurrent Sanction of both States.
The Argument is however made still stronger by the
inconicsiibc proof presented in tie articles OF the
Convention Of Beaufort, that the Savannah river hss
heen made independent of all other considerations OF
right a common hightray equally free 10 the ciii.
zens of both States" That neither State then has
the right to obstruct the navigation of the channel
and that bridge is such obstruction, nre points
winch the Report substantiates by an Irresistible
weight of authorities
Upon the whole, it does seem to us that every
Georgian, who will read the argument of Col
HAYsE with attention. will come to the conclusion
that, in this matter, each State must look to the CO.
operation of the other, and effect such result she
can only address herself to the comfy and enight.
ened self.intercst of her co-terminous sister
Since writing the above, we have been informed
that Gov. Conn, of Georgia, has written letter in
which he says that the true language of the original
charter from King GEORGE was that the boundary
line should run along The most Northern part" o
the Savannah river. We still think tha the ConSen
,ion Of Beaufort settles the point, maintained by ou
Attorney General, indisputably.
The Report upon Prisons, Prison Discipline and
the Criminal law is, in our estimation, document
of 70 much interest that weproposc to publish'lle
greater part Of il in our next issue.