Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-01-25
Tha Augusta Bridge,
: TO the Editor. of the Edrefeld Adp,c:rtiscr

State, echarter formerly granted to HENRY SuULTz
& john McKIHNIE in respect to the Bridge at Ham
burg and Augusta, was amended as to permit
their assignees Messrs. JAMES JONES & JosEpII
j. KENNEDY to collect the tolls prescribed by that
charter. This Act of our Legislature has been re-
ceived in the city Of Augusta with "tempest Of
exclamation, may more, with torrent OF dcnun-
eia,ion against the measure and the Legislature that
enacted ity and among our own citizens, am pained
to see, there are, not wanting, those who though
very poorly informed upon the subject, are never
theless seeking to cast upon tire State the reproach
of violated faith II had been Of counsel for Aessrs.
JONES & KENNEDY in certain suits between them and
the City Council Of Augusta, and by that means be-
came familiar with many Of the facts connected with
the history Of the Bridge, and the Legislation Of this
State respecting it. did not hesitate, therefore,
wlIen the matter came up for debate to announce
to the Senate, my honest opinions anl convictions
upon the subject. refer to my professional rela-
tons towards Messrs. JONES & KENNEDY, however,
not with the view Of shuning accountability. What
said aud did in the Legislature ofthe State in
pect to that measure, was done upon my response
bility as Senator from this District that
i supported ana advocated the act, and proceed
to vindcate it upon grounds both of legal right
and public policy.-It is contcn.lcd, nay, assumed
rs an inconirovcrlblc fact that the City Council Of
Augusta are the legal owners of so much Of the
structure Of the Bridge as is within the limits Of
this State deny it without quaiicatiOn.-In lSl3
this State granted to HENRY SHuLrz &; LEWIS
CoorER the exclusive privilege of building toll
Bridge across the river Savannah, extending from
this State to the town OF Augusta and Of receiving
at the certain legal tolls for the term Of 81
years. COOPER shortly afterwards transferred his
interest in the enterprise to JOHN McKrNNE, and the
Bridge was built by SHuLrz and MckIxNIE, und T
that charter. They however had no title to the
soil upon which the Bridge was erected between
the centre Of the river and the South Carolina bank.
They were probably advised, that as the Savannah,
at that point, was navgabe river, the ownership
was in the State and that their charter was, Of it
self, sufficient title Their interest III the Bridge
and the franchise of tolls in respect to it sold
under the decree of the circuit Court of the United
States at Savannah and became vested in the Bank
OF the State Of Georgia who were in the reccip pts OF
the tolls in the year S3O The Legislature Of South
Carolina in December 1880, passed an Act extcp-
ding the charter Of 1918 for fourteen years from and
after the 81 years to which it was at first limited
and vested it in the President and Directors Of the
Bank of the State Of Georgia. The soil upon which
rested the abutlnent of the Bridge upon the South
Carolina bank Of the river parcel of tract Of
land that belonged to the heirs Of ISAAC FAIR, that
is to say, his widow LuciLLA who afterwards mar
ried JOHN B. CONVICTION, anu his two children. JOHN
II. FAIR & JANE c. FAIR. 1t was not until June
1921, that SnuLH contracted with the heirs of
FAIR, under the sanction Of the Court of Equity.
thc children being nfans,) for the one undivided
fourth of the tract of land referred TO- and having
obtained from the State the luan Of fifty thousand
dollars, for which CovISGroS had become bound, rs
one of his sureties SILTz and CONVICTION, TO
payment Of the debt, each executed to the State
mortgage Of his respective interest in the land The
debt remaining unpaid the Trcasurers Of the State
exhibited their bill Of complaint in the Court of
Equity against SucLTZ, CoyINGToN Il Wife, and
the children of FAIR. In June, 1889, Decree was
pronounced foreclosng the mortgages and providing
for partition Of the land and for that purpose diree
ting tha, it should be sold. In pursuance of that
Decree, the land referred to was sold by the Com
missioner of the Court in separate parcels on the
2nd of August, 1880. At that sale the Hon
BAYLIs J. EARLE, having full authority from the
Legislature, purchased for the State OF South Caro-
lima at the price of thirty four thousand six hundred
and fifteen dollars, the four parcels lying on the
river, which included the soil upon which rested
the abu,ment Of the Bridge, and received from the
Commissioner 4 Deed Of Conveyance thereof. dis
cribing the same containing lSO acres, being
that part of tract ofland situate opposite the City
"of Augusta and known the FAIR tract, bounded
.sOn the cast by lands of JOHN Fox, on the South
"by the Savannah river" sc. a portion of the
land thus purchased by MIR. EARLE embracing some
six lots, as laid down in the original plan Of HAM
burg" including the soil upon which rested the
abutment of the Bridge. was on the 2Iih Leccm-
Der, 1880, sold by him on the behalf Of the State
10 Mr.. SAMUEL HALE, President Of the Bank of the
State of Georgia, in Augusta, for the price OF five
thousand dollars and in the Deed OF Conveyance
thereof the parcel including the Bridge abutncnt is
thus described also piece or parcel OF ground
- situate within Covingon street of the following d
" mensions. to wit: extending from the margin oi
" the river at low water mark 10 the Southern line of
"Market street. and bounded by cast and west lines
" of the width Of the Augusta Bridge, it being un
"derstood that the last piece parcel is TO be used
"cld, and enjoyed, solely and exclusively for the
"purpose of the Bridge abutmcnt and 4 highway"
This piece or parcel of ground including the Bridge
abutmcnt was conveyed the 9th December, S3O
by SAMUEL HALE to the Bank Of the State "f Geor
ga. On the 4th May, 1885, the Bank OF the State
Of Georgia conveyed this parcel Of ground" and
all its interest in the Bridge with its right Of dcman
ding tolls, to GAzAwAY B. LAMAR, who on the 2lst,
January 1910 conveyed The same to the City Coul-
Gil Of Augusta
The material structure Of the Bridge erected by
SnuLTz & MCKENZIE exists no longer, having been
swept away by the food of May, $40, and the Bridge
now standing was built by the City Council Of Au-
custa Such is the derivation Of the title Of the City
Council of Augusta, in respect to SO much of the
structure OF the Bridge as is within the territory of
this State.
To whom belongs the ownership Of the soil upon
which is erected the Bridge between the centre of
the river, and the South Carolina bank lanswcr,
not to the City Council Of Augusta. The fact is un
deniable that the river bank, including the soil COW
cred by the Bridge abutment belonged to the heirs
of Fair. Grants Of land bounded rivers or
"upon the margin of the same, along the same,
"above tide water carry the exclusive right and title
OF the grantee to the centre of the stream, unless
"the terms of the grant clearly denote the intention
"to stop at the edge or margin Of the river. When
"a stream is used in a grant as boundary, it is
.used as an entirety to the centre of it, and that
Hcxtent The fec passes Whatever is affixed to
"freehod is thereby made parcel Of it-and is sub
"iectcd to The same rights OF property as the
e. freehold itsclf.'' This I maintain, to be the
law of South Carolina. 1t may surely be assumed,
that the Commissioner, in his deed to EARLE, de-
scribed the boundaries Of the land Alright, and con-
formally to the description Of the grant under which
the same was held. If so, then tie Savannah
Yrcr' being called for the boundary in that direc
tion the grant under which the heirs Of FAIR held
included, undoubtedly, thu land within the bed to