Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-09-07

the State future control over the bridge. Mr.. HALE
ors ne, pretend that he has bough franchise Of
brilg. over ill.,. South Carolina portion Of the Sa-
vannal river; and expects nothing more than title
in fee 10 the SOL Judge EARLE disputes only us TO
the conveyance Of the land in fec, anl desires TO
guard against any disparaScnrrt oil the control ol
the State over the franchise and the structure Of the
bridge, which might be argued from grant OF the
ol on this side. 1t may be that Judge EARLE $
scrupes as to conveyance in fec Of the soil covered
by tine end a;ll abutrrrmt Of the bridge were unne-
cess;sry as title to the snil in fill would contain '''c'-
dcntaly no little TO the franchise; but faithful SER
want Of the State can hardly be too cautious. 1t
vii! be strange AMI melancholy miscarriage OF cau'
ton in public servant it lu lgc EARLE's attempt
to limit the fec in soil, should result in conveying
not only the suil in fee, which was all that the
grantee sought, but also franchise Of great value,
not appenlant to the soil, and greatly dsp raging to
the sovereignty Of the State.
In this report Of Judge EARLE 10 the Legislature,
he further says, that he has authority from MIR llAIE
10 make some offer concerning this conveyance.
which the Judge, us agent, recommends to DC ac-
c,ptcd The Leg stature, by resolution, authorized
the Judge to make the proposed sale to SAM'L.
HALE but the terms Of AIr. iALEs offer " are
not explicitly mentioned, an,l can be dcuccd only
fvm the conveyance afterwards made. II the offer
or the sale referred 10 II franchise in pcrpc;uy, Of
ten times the value OF the land in fee, about which
the misunderstanding arose, the offer would hardly
| ,l,. T
bally hy Judge EArLE. nor the authority to him
70 Grant the franchise be conferred in the vague
phrase, {: to make the proposed sale " In the COLI
vcyancc itself Judge EARLE refers t" the resolution
IF 1929 concerning the soil, and not to any action
Of the legislature after his report in lS3O, as the
Ground of his little to convey. The conveyance IL
self is to y private pcson, 10 "SAML HALE, LIS
heirs aud assigns" and although Mr. HALE was
then President Of the Bank, the decd contains II"
aluson to his office, and no refer to the grant
Of the franchise made by The Legislature 10 tic
Bank within tl.c previous week the conveyance Is
made. too. bv 4 private person, who had the legal
title 10 the soil, but no authority wtcverto to dispose
os the franchise. The granting of the franchise to
take tolls at bridges and ferries pertains to the pre-
ro.u,iye Of the King Of England, and TO the Sorcr-
c,n power Of the State in South Caroina AMI we
arc not av arc Of any instance in which the great
prcrogativc right Of granting su: ir;hch'se Has
been delegated to an individual. Certainly II" such
DELEGATION can he presumed from ambiguous terms
and il is ur,prscrol,s that tile State should intrnL
its agent to convey 10 Mr.. HALE in pcrpcuy Il
franchise previously granted for term by tic les's-
laturc to Il corporation.
In thu Interpretation Of any written instrument.
we may certainly bc enlightened BY The circunI-
stances surrounding the rites at the time uf the en-
ccuon, in giving meaning and application t" the
terms employed but we cannot Introduce tcrnis
not employed, whether relating to subject Or object
which may affect the extent and OPP ration oi tic III
s,rumcnt. 1t is fest from The circumstances
detailed. that Judge EAELE's purpose i'll lntrodu:'
ing into his deed the provision concerning the las
lot or p,rccl OF land u conveyed to Mr. IlSE, thai
it should be used, he'd and enjoyed solely am
exclusively, lor tht purpose Of the bridge abuinirh
.:i..., :, u.s IA. lii .ii,d restrict r lille anu
Use Of the sDi for special pup'ses-t" give To the
gr;.ntce 10 right or Use Of the soil inconsistent will
any franchise Of pontage or highway which th'
State had granted or might grant over it-and ii
abundant caution and goo !a:h To reserve express
" the eminent domain and prcro.atirc Oi the Stale
The lcr.I.s constitute reservation exception irOn
the fee Of the soil and it is great torture OF thcn
10 force them into grant Of pon,a.c not ncdei.ta
10 the subject, with which the granIor WAS dealing
or had any authority t. deal.
II Judge EARLE, by authority of the State, In!
conveyed to Mr. HALE (Which he did NOT the it'll.
in fee 10 the suiI To the cr;rc OF tic Savannah river
this would not have obsructrd the rght oi The State
as sovereign, 10 grant To stranger, Il highway
bridge or ferry the nocly of The river 10 wlric
its territorial! jurisdiction EXTENDED. The grant o
land is always SUBJECT To the srrrule to the public
for navigation, highway and passage; and the suy-
errign power To facilitate the cNrrc Of this convr-
ncncc by the public, HAY grant brid 5e, ferry or
highway to one who is not the proprietor ol the SOL
Stark ads McGuwea, y. u McL. 3c1 GOur-
din Us. Daris, | Bail. l.. 4Gy) The ris!toi pro-
perry in bridge is precisely analogous 10 that in Il
highway, which abdcs in the adjoining pr"pr,t,r>
Of the land, subject to L iglt If passage by the
public; or, Us Lord Coke expresses it the free
hold as well Of bridges us Of the highways IS in hn
that hath the freehold Of the soil: but the free pas
sage is 'or all the Kings lcge people "-2 Inst 7Oj
Wh,nc:rr the highway or bridge BE- discontinued
or abandoned by the public authority, the right To
the soil is relieved from the srrvi;ulc Of passage b.,
the people, and all fixtures belong 10 the proprietor
of the SOIL
AS neither South Carolina nor Georgia has own
ersp to the soil and territorial jurisdiction the
whole bed Of the Savannah river, n,iIlur, ii would
seem, can grant separately bridge over the whole
river. Each may grant wharf Or scgcIIcnt Of il
bridge over its niuic,y Of the river but their COIL
currcncc is necessary to !, cunp pIrtt bridge The
boundary cuts the grant Of either State separately in
the middle Of the river. 1t may we'll he, however,
that the grant Of either State may constitute high
way to the extent of the Jurisdiction Of tie State.
Still it is surely desirable that these cutvrmilrus
States, with Ike interests, should proceed by con-
ccr,d action. Hitherto no treaty has been made
between them as to the grants Of bridges and fer
attempted to grant charters over the whole river
But we forbyar, us we have already exceeded our
purpose. CAROLINA.
Tribute of Respect.
AT special meeting Of the EDGErIEID IIuzzAs,
held ut Edgcield c. H., on Sd inst, Capt GRIFFIN
was called TO the Chair, and Lieut.. HARRISON re-