Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-01-25

in the structure or soil, but it is, rs have said,
franchise or privilege Of public nature vested nj
the State Tie policy, always pursued, has been
not for the State to retain such right in its own
hands, us Of profit, but to grant 1t to lndi-
yiduals upon reasonable terms. Such grant or
charter is not gift from the State, but contract
between the State and the person 10 whom it is
granted The grantee engages, for aud during 4
certain period TO keep up the bridge, and should it
be swept away by flood, OF otherwise destroyed, to
rebuild it. so IS TO provide safe and cOnimodiou'
passage to the public, and in consideration Of this,
the State confrrs upon him, during that period, the
privilege of cxacnS CERTAIN reasonable tolls from
persons passing over the Th, il in substance,
the contract between the State and Mcssrs. JONES
Il KENNEDY, by virtue Of the late Act.
The property of the City Council Of Augusta, in
regard to the Bridge, must relate either TO the nr-
tcral structure or tp the franchise of toll i'll respect
to it. As to the former, it is preserved, prntectsd
aud defended by the special provision Of the late
Ac! OF the Legislature, that nu!lirg therein CON
,iained. should in anywisc impair or prejudice
the same If, therefore, they had any property in
rilc structure Of the Bridge before that Act, they
have it, in nil its amplitude, nOw. Then as TO the
francls', Did thry not claim under tho Chartcr
from this State to the Bank Of the State of Georgia,
and did not that Charter end on ;hc lT,h December
lS49 What other grant have they 1t would be
too preposterous to lay claim to it tunder the deed
from EARLEto HALE. But | maintain. that even
If they had been the owners Of the Bridge, and Of
the soil upon which it is erected, the State would
have been entirely justified in granting the frnn-
chise to another The franchise or ri1h, to keep
bridges or ferries, should in pr"prcsy, il practices
"bIc and consistcnt ,Oh lie public be e"ll-
:" fcrrrd on the owncrs," This is the .rne principle
Of law and right as Judged by Tie Court Of Er-
7ors of The State of Georgia, in Young vs. HARRISON
i Geo Rnts II, IN their eagcrncss to assert Their
rights under their Charter from Georgia, the City
Council of Augusta. have set themselves in oPPosi-
ton 10 the State of South Carolina by the attesnpt
to curiai her trrrory-to drspoil her Of her fri'-
chsc-;,nd to deprive her Of her jurisdiction over
the greatest of her navigable Rivers at its most I'M
pnrtant pnr then ,iley have rendered il no longer
consistent with her public rc!farc, that the Charter
under which they once held should be renewed IN
their favor. And if such sta.. Of things has been
brought about Iv'thcir own acts. whom have they
to b,amc bur themselves | maintain, however,
that thcv had no equitable claim whatever upon
the State, for tho renewal OF their Charter, nrsing
from ownership Of the Bridge or OF the sJil upon
which il is erected. II was 10 protect the State
against all embarrassment from this very source
that in the deed to SAML. HALE. were inserted the
stipulation rs tn the Bridge-abu;mcut, and the pre-
else and guarded limitation of the conveyance tu
lew water mark on the South Carolina bank
That n tax upon Tic community, in the form OF
increased toll has resulted from the recent Act OF
the St:te, | admit. Such Il consequence ncccssa-
rily attended any effective Or actual assertion of Ju-
risd,ctinn BY the State in respect to that Bridge
Upon this very account the State Urcbore to inter-
pose for five years. and until forbcarance had ceased
to be even respectable. The Inconvenience from
this source could no longer be avoided, consistently,
with the rights and interests Of the State. Let the
intelligence Of the community be the judge. The
State in granting the franchise 10 Messrs JONES &
kExNEpY have not committed it to unworthy hands.
1t will not he their fault il the community are not
speedily relieved Of The hur,hcn Of high tolls. lfthc
City Council Of Augusta conceive that their rights
have been invaded, our Courts are open and have
never denied them justice. Nay more, cur Courts
Of Appeal are now sitting IN the City Of Charleston.
Let them institute the necessary legal proceeding to
determine their cain to The franchise The validity
Of the grant to .loSws & KES%EnY. or any ether
question they desire raise. No delay am author
z"d to say shall be in;erposcd and in the course Of Il
single week Judgment iuay be hal from our Court
Of last resort. If they decline to do this, then let
them admit the rights Of Jones Il kESSEDY, who,
am authorised to say WILL in that event, agree at
nnca. tu any equitable arrangement, which will
relieve the public frum tho burden Of high tolls.
and le Inconvenience Of paying ut both ends Of the
Bridge. II they will do neither Of these things,
then mt least let the community of Augusta forbear
from denunc;liions, unworthy Of them and unjust
Jus. Your obetl:rnt servant.
D. P CARROLL.