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

in the structure soil, but it is, as have SAID,
franchise or privilege Of public nature vested M
the State The policy always pursued, has been
not for tho State to retain such rig int in its own
bands, us source Of profit but TO grint it to ndi-
yiduals upon reasonable terms. Such grant or
cllnrlcr is not git from the State, but contract
between the State and the person 10 whom 1t is
granted The grantee engages, for and during Il
certain period to keep up the bridge, and should it
be swept away by to", or otherwise destroyed, to
rebuild it. so ~ 10 provide safe aud connlodiou'
passage to the public, and in consideration Of this,
the State confrs upon him, during that period, the
privilege of cxactins certain reasonable tolls from
persons passing the This il in substance
the contract between the State and Mcssrs. JONES
X 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 nl-
tcrinl structure or to the franchise of toll in respect
to it. As to the former, it is preserved, protected
aud defended by the special provision Of the late
Act Of the Leg stature, that null.ing therein cum
tanned, should q in anywise impair or prejudice"
the salnc. If, therefore, they had any property in
rilr structure Of the Bridge before tha. Ac:, they
have il, in nil It's amplitude nOr. Then as TO the
franca, Did thry not claim under tho Chnrtcr
from this State to the Bank of the State of Georgia
and did not that Charter end on ;lic lTth December
too Ircrnscr0us TO lay claim W :lndcr the deed
from EARLE to HALE But | maintain. that even
if they had been The owners Of the Bridge, and Of
the suil upon which it is erected, the Stale would
have been entirely justified in granting the fran
clisc 10 another I" The franchise or riyi, to keep
bridges ferries should in pr"pricsy If practicl-
bic and consistent Nth lie public ,ceare, BE- c"I-
"frrrrd on the owners" This i, the ,rne principle
Of L'w and right as adjudged BY tile Court Of Er-
T"rs Of the State Of Georgia. in Young VS. Harrison,
Il Geo. RnIs. II, IN their eagcrncss to assert Their
rights under their Charter from Gcorgia. the City
Council Of Augusta. have set themselves in opPos
ton To The State of son,h Carolina by the at,rtnp,
to curia her trrritory-to drsI,o her Of her fran-
chsc-;nd to deprive her Of her Jurisdiction over
the greatest of her navgabc Rivers, at its most i'm
porlant point, then they have rendered il no longer
consistent with her public irc!farc that the Charter
under which they once held should hc renewed in
their favor. And if such s,a:s Of things has been
brought about yt!cir own acts. whom have they
To bamc bur themselves ? maintain. however,
that they had no equitable claim whatever upon
the State for tho renewal OF their Charter, arising
from ownership Of the Bridge or OF the sJil upon
which il is erected. It tu 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 -;butmcnt, and The pre-
cISe ana guarded llllltaunn vi lhc cuh'cIhlice W
lew water mark on the South Carolina bank
That tax upon Tie community, in the form of
increased toll! has resulted from the recent Act Of
the St"tr, ! admit Such consequence ucccssa-
ry attended any effective actual assertion of Ju-
sdctinn by the State. in respect to that Bridge
Upon this very account the State furcbore 10 inter-
pose for five years. and until forGcarince 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
Stale in granting the franchise to Alessrs JONES *
kENNEDY have not committed it Ia unworthy hands
1t will not he their lult il the community not
speedily relieved Of The hur,hcn Of high t"s. lfthc
City Council Of Augusta conceive that their rights
have been invaded our Courts are open aud 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 projecting to
determine their c,im to the franchise or the validity
Of the grant to .]ox&s & KES%EnY Or any ether
question they desire TO raise. No delay, am author
iz"d TO say shall be inierposcd and in the course Of
single week Judgment lnay be hal from our Court
Of last resort. If they decline to do this, then let
them admit the rights Of Jones & kESNEDY, who
am authorised TO SAY, will, in that event, agree At
nnca tu u.:y equitable arrangement, which will
relieve the public from tho burden Of high tolls
aud the Inconvenience Of paying at both ends OF the
Bridge II they will do neither Of these things,
then at least. let the community Of Augusta. fnrbear
from denunc;Itions. unworthy Of them and unjust
JUS Your Obelrnt servant,
/ CARROLL