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

lhey are TcTorteu W TIE proper autHoiiles ioi HoH-
attention To duty conlled in them.
GOOD ROADS.
FOR TIE ADVERTISER.
Mr. EDToE,- We propose with your perm ssi"n
10 continue The subject of our communication in
Your paper Of the week before last and as so much
Importance appears to be attached in the Mem, rial
concerning the Charter 10 JONES e KENNEDY, 10
the deed from Judge EAELE 10 SAMUEL HALE, our
REMARKS in continuation, shall be confined almost
exclusively To this branch Of its argument
According 10 the construction Of that decd, which
is adopted aud urged in this Memorial, the State Of
South Carolina granted in pcrpetuity, to SAMUEL
HALE lis heirs aud assigns, the franchise OF keeping
up the Augusta Bridge. The writer Of the Nemu-
rial clearly entitled 10 the merit of the discovery
of this polut, for in the long and frequent litigation
on this subject Mr.. HALE aud his privcs .hc Bank
of the State of Georgia. G.. b. LAMAR, and the City
Council of Augusta, never limited such prrtcnson
in Their headings, nor their Counsel, Mr.. WILDE
Mr.. | ErlGnu, the Mrs-rs. WAuDLAw, and Mr.
MILLER in their arguments Even since the pub
lcaton Of til. Memorial, the City Council Of Au-
gusta not satisfied with the reasoning Of their new
advocate 10 their title in rpctuity, have girea
notice OF their psrpose to apply 10 the Legislature
of this State i"r grant Of the franchise. Beyond
its novelty, this construction has l;itlc claim 10
notice.
In The conveyance from Judge EARLE to Mr..
HALE, executed d, crmhcr 2Ih, 1870, Sven days
arrr Tie Legislature lid granted charter TO the
Bank Of the State Of Georgia for the algc, for II
years. it is reritrd tl,a the gran:or had been au-
thor;zc,l by the Legislature in December, 1899, to
furesasc certain mo- tgag on part Of the town of
Hamburg 10 purchase the sli.I premises l"r the
State, aud Sill out the same credit at anet;un ;
and that lie had so purchased and received con-
vcyancc, and rrsuld Il portion in lots 10 Mr.. HALE ;
and judi &c EARLE then proceeds, by virtue Of the
authority above referred to, to convey 10 Mr. HALE
and to his heirs and assigns, the following ts tracts
or parcels Of iand, beng part of the premises mort
gagged purchased and aufhOri=cd to be rc-soid IL
aforesaid situate, lying and bins; in the fo,cn cf
UdmJHrg-t!rat is 10 SAY. one lot Or parcel begin
ming on the hank of the Sarannak rirer, at lor
cGter marx OH the South Carolina side, &C.,
being lots 32:, 32S, 329 and 33U in the original
plan of Iiamburg also lot No. j4, also the ground
south of tie latter m To the r,vcr ALSO piece or
parccl Of ground situated within Covingtun street
MS laid ,iuwn the cr:gitah PLAN, % The following
drlci>i ms to wit extending from the margin oI
tie rirer, al o,C lrater mark to The southern line
OF Alarkc, street, AMI bounded BY ,asl anl west
lines uf lllc width Of the augusta bridge, running
the course of Coving;on street to TIE said southern
ne Of Mark street; Il being understood that the
Inst piece or parcel is 10 be used. held and cnoyed
solely and erciuSireiy for the purpose Of thu
bridge abuiment and Il Mghray." 1t is obvious
does not profess t" have authority to convey any
ri.ht, privilege franchise Whatsoever, not iur
dental 10 the ownership Of the land. lie was au.
ho'izrd 10 buy for tic Stale AMI rcs,l ccrta laid
which had been Iiiurtgagcd to the Sthc by SnuLT2
5 CovINGroH-he did buy the muriga@cd land and
receive conveyance for this Land from the Com
missioner in Equity; and he undertakes to convey
To Mr. HALE, in fee, parcel Of the premises of whc
the legal title was in him agent OF The STATE am
nothing More. The franchise Of keeping Il bridge
over the Savannah river or the South Caru,ina
noic;y thereof wa. not nOrgagrl to the State by
S!lCLr2 " CovNGroS, was not conveyed to Judge
EARLE by Commissioner BGooKs. n"r MIS- Judge
EARLE III amy uth,r mode invested with The title to
the franchise. In punt Of fact, Judge EARLE dos
not convey iu Mr.. HALE all she land which, in the
II scmcc uI reservation, would be appuricnant 10 the
portion purchased by Mr.. HALE. In the convey
ancr the grintor carefully restricts the grant 10
l1w waller mark On the South Carolina side; wllclc-
rs i, is supposed that Judge EAaLE, us agent Of The
state, owned aid might have conveyed 10 The mlri-
die thread Of the rvcr IN common presumption
the proprietor Of each bank Of Il fresh liver is pro-
subject To the scrvudc or c;isrmcli Of COMMON use
by the people Tor navigation and passage.
We do not understand the memorial TO maintain
the rxir;va;aai prctyls.on Of Georgia TO the whole
bed If the Savannah river 10 low water mark on the
South Carna siir and hence We have but little TO
say upon that topic. Georgia was within ;Ic 0rigi
nal grant to Suuh Carolina, and i'll The abscncs ui
any treaty between the States, it might have been
well maintained that South Caro:ua, as first occu
pant and proprietor, was entitled TO the land covered
by Savannah river to low water mark on the west
crn bank This doctrine w;s settled In the Supreme
Court vi the United States in Il case substantially
Us. 1nHony) But the treaty Of Beaufort, between
South Carolina and Georgia. fixes ms tic boundary
between the two States, the m,'st northern branch
nr stream Of the Savannah and Tusaluu rivers rvi-
DENLY meaning that tho river, where there is 10
dvsioninto branches streams, or The must north
crl branch, where land divides the WATER fin VIII ch
c;lsc the isan'!s belong to Grurgia) shall be the
boundary. This CONSTRUCTION of the treaty has al
among other instanccs in the case Of G. b. LAMAR
against llARrER, MEIGs and others, involving the
title OF the Augusta Bridge and its incidents. We
assume, therefore, that South Carolina and Georgia
centre Of the river, with all the rights incident to
ownership, except as 10 port lis they have rcspcc-
tvciy granted. South Carolina formerly granted
the lands adjoining the Augusta bridge, but she re-
invested herself with title TO the same by the pur-
chase Of her agent, Judge EARLE and she has not
since rc-srantcd or rc-convey,d (rxccpt. perhaps,
TO Mr. SnulTz) that portion o! their lands lying be-
tween low water mark. on the South Carolina side,
and the centre of the river Tile title to the lands
between the margin Of the river on this side and
the crnir. nf the rlprr ahi,lrs i'm South Carlinu