Thibodaux minerva. [volume] (Thibodaux, La.) 18??-1858, 1855-03-03

wait to see what the gallant sons OF the West
the Middle States, and the Union, will say to ou
| choice.
Closing Of the Lafourohe.
Having in former editorial declared our belle
that the Legislature of Louisiana could without an.
collision with the General Government, close thu
bayou Lafourche, and communication having beer
admitted, signed GA Neighbor" in our last mum
Der, which doubts our position, and says "with re
gard to the power of the State we have only t.
say that an application to the United States Distrc
Court would soon decide the matter"
We will now show that our doctrine has beer
declared correct by the Supreme Court of the
United States, by reference to decision, to which
we have been referred in support of our position
The case alluded to is that of Wilson u.s. Blackbird
Creek Marsh Company, decided at the Session O
the Supreme Court Of the United States in 1929
wide q Peters Reports, 245.) g In that case a
chartered company was authorized, under State
law, to make dam across navigable Underwater
creek. A licensed sloop, not being able to pass,
broke the dam; and in an action by the company
for damages, the defendant insisted that the creek
was a navigable highway, over which the power Of
Congress to regulate commerce, including naviga,
ton, extended; and that the State law which au-
thorized an obstruction to this navigation was,
therefore, void" Chief Justice Marshall in de-
livering the opinion of the Court, says:
T Congress has passed any act which bore upon
any execution Of the power regulate commerce. the
object Of which to control State legislation those
small navigable creeks into which the tide ows and which
abound throughout the lower country Of the middle and South
States should feel not much difficulty in saying that
State law coming in conflict with such act would be void
But Congress has passed such act The repugnancy of
the law of Delaware to the Constitution placed entirely
its power regulate with
not been so exercised as to affect the question.
1--WE do not think that the act empowering the Blackbrd
Creek Marsh Company, to place dam the creek,
pugnant to the power to regulate commerce its dormant
state as being in conflict with any law passed on the
subject" SO
Now if the Legislature have the right to make a
dam across nayigable stream, they certainly have
the right to stop it entirely, for if they have the
power Of authorizing the erection Of one dam, they
have Of several, so that the navigation could be
totally impeded BY series Of dams, and even one
damscould be located so as to stop the navigation
for instance at Donaldsonville. a
In the case quoted, thenayigation was obstructed,
still the Supreme Court sustained the action Of the
Legislature. And the Court particularly alludes to
the numerous streams and bayous in the Southern
States. As long as Congress does not interfere by
making port Of entry on the bayou, or pass some
act by which the State Legislature is prevented
from legslating about small navigable streams, SO
long can the Legislature pass such laws as it may
deem proper relative to our bayous, and stop them
or not, as it may think proper. And we are in
formed that the Supreme Court Of the United States
has with reference to other clauses Of the national
constitution recognized the power Of the States to
act as long Congress passed no statutes to carry
out the powers vested in it. Our own Legislature
has stopped several bayous without any interference
on the part of the General Government, so that it
is clear from the above decision, that Senator Kit
tredge nproposing to shut the bayou, was not pro-
jecting an act, never before heard of, as the OPP
ponents Of this bill averred
-------e4r-----M
REMOVAL OF THE SEAT OF GovERNMESr.-An
effort is being made in the Legislature to submit
the question to the people, whether the seat Of
Government shall be removed from Baton Rouge
to New Orleans. We hope this bib will pass
There is no doubt but that an immense majority Of
the people are in favor Of New Orleans. So far as
Lafourche and Terrebonne are concerned there
would be hardly dissenting voice; for the rail
road brings US in such close proximity to the city
that We may be considered part Of it The Land
Office and all other public Offices ought to be re-
moved to the city. Every one has business in New
Orleans but no one at Baton Rouge, and it subjects
the people Of the State to an immense aggregate
expense to be obliged to 60 there. The public
officers pay per centage to persons at Baton
Rouge to collect and send their drafts, whereas they
could always find persons going to the city, who
would do it for them free Of al expense.
The city of New Orleans would be much better
then it is now. When the Legislature
met in the city, il was very ably represented How
important for the legislation Of the State, that 80
large number Representatives, as the city SENDS
should be able men. 1t was objected to New Or
Ieans that she would seek to exert an influence on
the Legislature; but when did she ever hold public
meetings to influence themi while . public assem-
bly, was held at Baton Rouge few weeks ago to
produce an effect on the action Of the Legislature
s to the Penitentiary. In asman town, the IN
duence is generally in one direction, whilst in a
large city, there are different parties and they act
as ansagonisdcal forces Besides there q vigaant
public press TO watch the legislation Of the State.
Il to be hoped that when the Legislature and the
public Offices ere removed to the city, that they
will be allowed to remain there forever. Donald
sonvile and Baton Rouge have been tried as seats
Of Government and found wanting. C
a. The Hon. James lawrence Cole, Judge Of
he 9th District Court, requests u % say that he
nh hold court 1t Donaldsonsine, 4sh Judicial Dis
riot for the trial of recused cases on the 4th Mon