Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-08-10
FOR THE ADVERTISER.
MnssaDTiiit.

House Of Representatives. Of South Carolina
TIE Memorial o. the undersigned, citizens of
District. Suu,h Carolina. praying con-
sdcraton Of the iiuliona!iiy and justice Of The
Act a.scl by the Lcgs:ai of Sid Gate, in De-
cembcr, 1853, authorizing Alcssrs. JONES 4 KENNE-
DY = 10 collect tolls from all pcrsons passing rom
either sill over the Bridge a,r',ss the Savannah
River nj Hamburg and Augusta" and Of ilv lrac-
tirabiiy Of repeating or otherwise granting relief
g'u>t the same.
For many years 4 large portion f ,hc citizens "r
South Carolina, have d,pcndcl upon their trade
with The city O. Augusta as the chief Only source
Of their revenue. AMI consequently Of their naiuc
Bridge, to eitcl this trade, which them is Of vital
AMI Invaluable Importance.
The practical effect of the Charter to NTcssrs
JONES Il kESNEDy is t" subject your NJ moralis:s
to the payment cf additional loll-tH render their
trade in alI respects ur less value, and in many inn
portant particulars unproiab!r, 'nd therefore, /"
?roNib, an intercourse and traffic Of the utmo>l
Importance t. them. AMI to which thc.r pursuits.
ciorts, aud Investments have long been rurpuscly
and !'roIiiabl. adapted.
But will, lis praclca eject to them is attended
with such rc ulicc and disaster, It's severity not
relieved BY the consideration any mcripIioGS
aim on tn part Of i!c$srs. JONES 6 kESSEDY,
nor b. III cxacon froiu them of any compensation
IN behalf Of lhtt State whatever.
If it were intended by tbs means t" asscr; the
II,
and Gcor2ia, it is unprecedented lis well rs unjusli
ii hl; l,r the Stale does not require sacriic: u.
tic public interests II o"lc@ IL vni;calc This el;;n.
since nothing is more common and cG>iyr than to nc
;"iiatl IN adjustment of such matters by proper
runcii"nari,S a.pnintcd ,'r the purpose.
And we earnestly submit ilIcr, fore. to you con.
sdc,ation whether The said Charter is n"i t" A!cssrs
.!o>Es { KrSXEDr cratui;iuus nuniiiccuce, and TO
tire ,ubr IN unwarrantablc burhcn.
I6ur McmoraliSts would not be understood in
this document Is rSpnus.ng the cause Of the City
Council Of Augusta, nor would they II this form
atlcrnp fully to i>cus> The conflicting claims Of tie
pubic Oh the one hand AMI rr AIcsSrs JoNE: X KEN
XEpY on tn. other, bui would respectfully submit u
ew Of tho considerations, wlcli perhaps may nc
ccs>ari!y ,nlcu your attention, brfurc understand
in.r he tIscc anrl merit o. their complaint, and ii,
their ri.h; to rcy(. yiz |. v hcihcr The city
Council %" augusta are ;hc owners "f >ail bridge
> " neither ~ The Acl vi III Legislature aforesaid
JONES Il kESSEDY hare been pu in possession or
;;ulhurizc. 10 lrrc c!l> uprn this Bridge NJ: upon
puL'ic aeccssiiy bnl ncrcIy for their omn pirate
icre!s I'm 3. Whether tbs lcg>!atr II can be sus-
aiucd upon the CHIT or eminent domain orconsliiu
i;ual aw. The answer to the irsI iuqui' depends
greatly upon he Deed made b. South Carolina to
SAMUEL HALE under which tic Cit Council claims
The a,rl which relates 10 I,, Iucs;in is rs follow
Also a pi,cs ar plrcgi o. !rouEd situated within
Gown. ION street, rs laid '!own the "riyiua' plan
If The Guowin Dimensions, /" vii extending from
III margin Of the river III low water mark, ~ the
Southern line uf Market street, and bounded by
East and West lines OF the width f the Augusta
Bird C. runnn- The couIsr o! C"yngion street II
being understood tIa the !a>i piece parcel is TO
be us d. held aud rnjnycl su!rl, and exclusively III
the purpose Of the Brid 5c-abu;m'rut and !, giway
together W til all an! singular the rights. members.
Entertainments, and appur.rran,c t. 10 The SAL ircn
5 s hcnn.ing or II anyw incident or a;'pcrtaining
To have aud to lIl al an singular the premises
b. fore men, un,i unto the said SAMUEL HALE his
H. rs and Assigns forever. And The said BAYLls j.
EARLE. ate Solicitor rs aforesaid By ,;rluc Of The
authority herein before rccilcd AMI rc!t rrcd t. Er
aud on the part aud in behalf of III safe -! Suuh
IL, l.. and
wi,i tl,. sid SAMUEL Hale hs hsirs ani a>s gGs
=: AUST tic srl state. against The undersigned am
:,;.,n>t the claims {" ever. prr'on "!"m's"evrr 'am-
uIy claiming or Ia ola;iI HE same ar any part
t;,rr,np." This Is . conveyance 10 SAMUEL HALE
a. heirs and ;i<s.n ii,:cycr," Of the soil upon
.yI,icI, the I" end n The Bridge and the abuimcnt
are bL;li." aul here VIZ see the solemn covenant ~
south Carolina, that ihcy should b. entitled use,
ho! and enjoy the sa"c jorerer,' as & Bridg"
;bul,ucnl nd hia hway against th, ca:ms Of said
~ra:c-a aillst the unc' si-ncG (EArLE) anl ag,ins
tie clan Of every PERSON whumsocver lawfully
cla'mng hc same any part thcre'f."
|, is no, pretended thai any stipulation contained
ic this Decd 'r,s been vo'licd the part uf tie
.r,ntr, The Bridge has been kept in exec cnt repair,
,i oils usually low, am1 generally! speaking ever! IA
ill., ali;rIcd !, The traiu aud travelling oomlnun-
IS, ana the 'chasc RON The State has been used
held and enjoyed solely and exclusively !cr ;hr pur
pysc of the Bri.lyca'utmcnt and highway There
has been M orrilurc o. the grantees right UPON
this ground. lrupun the expiration of The Charter,
the r, ."vcrtcd to The State to resume he p"sses-
sion and rmoiumcnts Of this end 0: the Bridge
ana! lh: bulnlentn in what sense were SAMUEL
'iALE III, he rs an assigns furrrcr,' to hod, use
all,l enjoy he same Can the Site make au cx-
pr, IS, i.b,rut. convc; N Itr OF property, and
then rclaHc the same by inpl:cai on, to the utter
destruction OF the grantees interest. AM OF the pur
poses for whirl he bought Such an Interpretation
is without Il ra al q. For Until the terms OF the
Drcl arc violated, III! right Of the erantee remains
unulparcl and The gIantur l. b uml 10 find and
preserve and "; to rspoi The rYht. In this case,
the State being the owner both of the soil and of the
.hwa. OIL rcd for s;:lr the SOL which was covered
by The highway, not with view 10 close her road
and To appropriate the soil to ohcr uses, but on the
contrary, expressly stipulated that the sol should be
u.r,l solely and exclusively for the purpose of the
highway If un!cr these circumstances the purclla-
ser should not acquire some advantage in The high
way, he woul be paying for the shadow, while the
vendor retained the substance. lie wouli acquire
c naked tile 10 the soil while it, cxcusiv, and
benefit is to be retained or resumed at the pleasure
OF lhc grantor.
The soil here had bccn appropriated to certain
nrrnrsc M u.r-ihat u.s., was TO cOntinuC-in that