Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1854-07-01
Injunction on wheeling Bridge.


w learn from dispatches from PhiIalelpbia
that Judge G1ier of the United states snnr.r,a
Court, has granted injunction to restrain tbis
company from re.constructing their btiase .nd
thus leave them in the position in which thev
were placed blythe late storm, which nros,rsts,
thefr work. We hardly know what 10 saw IN The
action of this judge, especially when viewed in
connection with hts previous action ON The same
subject his relations 10 the real plaintiff and his
acton heretofore. We learn that the application
was 70 have been made on Saturday last, but was
2 made on Monday, owing to Judge Grier's absence
from lhlladelphia, though the wires do not inform
US by what process notice for an application 10
saturday eau be calledsup Monday, when the
eppicaioa is mads to the Judge and not TO the
court What the nature of the Injunction has
Dol uanSpited, as the judge doubtless gave the
attorney blank order 10 be filled up to Pittsburgh
order
We are Ignorant of course, OF the points in the
matter and can oaly conjecture the course that
Will be taken. The question is a grave ono, and
zweiear not 10 meet ii in ai.y forum. It's one i'm
solylng In the first place. the sovereign authority
OF Virginia. next the original jurisdiction OF the
q Suprsne Court, and then the authority of the
Jadie.asy when brought in contact with direct
law OF Congress, passed under and BY virtue of
= the Constitution These are all grave questions,
and the ssRPis judge, who has granted this iniunc
* ton would do welt 10 look before he colnmis
himself to step involving such grave and serious
= consequences,
Let him remember that the aggressions of the
Supreme Court are daily becoming more and more
marked and alarming, that its assumptions are
gTasPing at every portion OF our law whether state
3 osnatlonal, and that if not checked and atsonce
collisions, and of no trivial character, must and
VIII take place between the Stale and Federal
JpdiesarY. and ultimately between the State and
FEDERAL governments. Such an end or result
3 astnls 'nust'he deprecated. while no one can for
moment imagine that Virginia has so little re-
saId for herself herTights and her sovereignty as
tamely to submit to judicial aggression in ouposi
ton to the supreme legislative authority.
With such alternative Virginia would hesi
late but little. She would remember that once
all was hers, not only the Ohio hers, but the
territory Northwest of :he river ohio,o and
hen che coded for the common benefit of the
Union, her broad territory +North-west' of the
river Ohio, that the Ohio itself was not ceded
10 the Union or TO Others but far as her territory
extends that river Is the property of Virginia. She
VIII not lameiy submit TO the Supreme Court. In
the original proceedings of the old case the Sn-s
pEeme Court m2de one ofthe most remarkable as
snnptions OF jurisdiction ever knownin the histo-
~ ofour jurisprudence. Not only did it assume
common law jurisdiction, never Contemplated Ly
The Constitution, but it appointed jury OF ONE,
pettifogging, spawned Chancellor, 10 decide il,
toto upon the question Of nuisance or no nuisance,
question of TACT which the verdict of t,retne men
alone could legally determine. We pass over
THIS. Congress met. Congress, this Court said had
power over the navigabie streams, and Congress
EXERCISED That power by saying IN express words
that the bridge should stand at lis original height
Here VAS the direct actot the competent authority.
= = Y hat then Not satisfied with this rebuke, tfor
speh IL was,l not satisfied with having Conpfess
speak thus lnildlytas tothsir tIanscendment of a-
therity, that court on the roti,in of e. NJ Stanton
awarded a rule against the Bridge Co., to show
cnuse why the decree should not be euforced aud
this rule was only dismissed by the failure of the
plaintiff scounsel TO prosecute it under the rules
OF The court. The only wonder is that Judge
Grer did not suspend the rules 10 keep his motion
soRthe docket. Fortunately for Judge Grier the.
rev Attorney General of Pennsylvania, appears
piiable' aud he now has fair chance TO show MIN
sell1ln histrGe coiors. Now the plain question is
? which is The law making power, Judge G,ier OF
Consressf Where has the Constitution placed that
PoHeF' and to whom will the Executive look ns
the law maker in taking cate that tile laws be
faithfully executeds'' Will lie look to gJudre
s4flss g Co., or viii he disregard the dogma and
look 10 the statute2 What will be The course
OF Virginia and of our citizens? Whitney obey
ihec9urto or the LegsIrtere2 80,
Will they not stand by the sovereign rights of
the State the vested rights OF corporation created
by Virginn in conformity eIso with Congressional
legislation, rather than bow to The mere dictation
OF Court which assumes jurisdiction, and then
assumes the law. We cannot think there will be
any doubt as to the necessary course of the Presi
dent The Court has exceeded its powers, and IFS
errors must be corrected, if the Congress of the
FsUnion cannot correct such abuses then there is
something wanting, and tothe States must belong
the power For our own part we would pay about
as much respect to the order of the Judge as we
wouldto the Judge himself, and would pass by
the whole affair regardless.of his action, until the
Supreme Court meets. We cannot believe that
this body have the interest OF Judge Grier in the
result and hope they wall calmly consider the mat
tsF and decide accordingly. The present question
much stronger one for the defendants aud rests
the act OF the Supreme Legislature of the land
w he;ber The Supreme Court ca n pull it down from
these heights remains to be seen.
- OHIO Asp MISSISSIPPI RAIIRoAD .-TEe ST. Louis
Intelligencersays this road is completed and ope-
rating for forty miles east of the city The road is
g:aaed and ready for the rails for near one hun.
dTed and forty miles; and the rails areg going down
81 as fast as they can be laid. BY the first of Ali-
gust the road will lie completed TO the Illinois
central;s. The Illinois Central las only twenty
miles diminished between Cairo and the intersect.
ions Of. the Q. and NJ. BY the time We intersect.
they viii haze that gap closed. and we can 20 BY
ran To Caro- Think Of hiatt only the first of