Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-05-08
Thc Wheeling Bridge Gaze.

Inc uecielou OF me nlRneSt CODrt OF the Union
sustaining the bridge which spans the Ohio against
the circumstances Of Pennsylvania-whch State
appeared as complainant 10 the sui-may be cons
dered settling the question far concerns not
on that bridge hut also the one the Missis-
- II Il Rock Island Rapids. and the one lately su-
',,iz-d at Albany the Hudson The Troy
Wing, which has noticed in no very civil manner
tire grounds taken by in support of such struc.
lures expresses its qualification with the charter
gcAntrd at Albany, because as il supposes, the
right viii suon be st at against the bridge by
thv highest courts Of jndcSture The decision Just
WASN'T, gtOn must destroy these pleasant
hope and substitute a feeling of resigna ton
In heir place, With a fate which is thus
deere j In the fancy Of the State, when
US all a wilderness rat Wre the most
i'm Ju'taut structures ia navigation and they receiv
9 all possible favor from the early decisions. As
&c forests came TO be cleared, soops occupied a
h relative position. At a still later period
q amboats constructed; and il seemed as II a
I'M had been reached in transportation and travel
ich could not be excelled for speed, certainty,
aapnv, comfort and elegance. The rules Of law
vried with each succeeding advance,-and the
rights Of navigation, founded the high superiori-
~ Of the means Of water Transportation those
ofland adj is,ed accord ng the eKigencies of
Oh pu'c But tht present generation is the witness
Of an Improvement ia the means of travel and
pr ton an land, greater than had been accomp.
Hsea in all preceding time; and yet there are those
who like the editor Of the Troy Wbig would have
the same rules of law applied between steamboats,
and rairoads, that were formed to govern the rela
Tons between steamboats, and slow coaches He
oui doubtless have been against any innovation,
a. -onp~ had been introduced; upon the rules of
ia tore settled with respect 70 RATS, and would
ha objected any adjustment Of the law
sgect 10 navigation, when ultOn astonshed
the 3 sith his first steamboat 1t is one Of the
n the law that readily
forms TO and altered circumstances and adjusts
i'ef properly to the growing wants and necessities
o ghe public suit, referred TO IN the discussion,
sen tes3ed this facility of adjustment, brought
by tue Of n raft against the Hudson River
k.i""sd. The road crosses the mouth of sevt raj
navigable streams, at the head of one Of which is
sit I'D = saw-ml Immediately at the termination
uf tde-wat-r A draw. bridge, thirty feet wide,
sufficient for soops, had been formed in the Rail.
road structure The owner OF a raft, of the width
fone hundred and fifty feet, which had been made
up a, roy, approached the road aud haing the
u. Ddant at the bridge, modessly requested that
the railroad should be removed, 70 enable him to
pass 70 the mill above. The attendant respectfully
declined, whereupOn a suit was brought to enforce
he rrquest. The plaintiff conIended that from time
mmemorial RATS had navgated the stream; that
this vested and valuable right to MIN, OF
which he could not be deprived; and that raft was
an instrument OF commerce, with which the State
could not interfere; especially the stream admit
ted the flow of the tide beyond the bridge. Inter
ference with the navigation of RATS would have
been allowed at early period in the history OF
the State but the Court held that the present
of tie public required that accommodation should
be given TO Railroads. and that the rights of navi-
cation must be made 10 conform to the same wants
The thirty feet drawbridge decided to be suffi
Gent the stream not being navgated by steamboats,
or vessels of greater width 1.-THE Courts Of Justice
had notn IN adiuat THAR dacaiona In m nd
altered circumstances, the Railroad would have
been obliged to wind around the head Of navgable
streams in order that the stubborn owner of a raft
might occasionally enjoy the whole width Of the
river for his rude structure, and smoke his pipe
without molestaticn from the smoke of engine.
Troy, which for years has used Railroad bridge
below the reach Of tide upon the Hudson, objects
20 similar structure sir miles below, although the
river lie closed by ice on a average one hundred
aid four days every year, and the travel and trans
porIaton TO the capital Of the State, then be
conducted over the ice, and at all other times 10
GOATS scows over the water, at large expense for
transhipment, in order that slight and occasional
delay by vessels on their way up may not happen
The rule Of common sense in the matter s the rule
of law. The up and down travel on the Ohio
be conducted with steamboats, having joiuied pipes
so as 10 allow them to be lowered for the benefit OF
the athwart travel, and steamboats, the Hudson
must submit TO the slight interruption Of draw
bridge, for the accommodation OF the transverse
travel by railroad the river. But il is said the
Hudson may be crossed at Troy. The answer (waiv-
ing the position that the bridge there is below the
head Of tide water) is obvious The great net
work of Railroad have their principal termni at
points opposite to each other brlow.-The necess
~ for these roads there, rather than above, has
been determined by legislative Acts and long eX-
perience. One Of the points at which they termi-
nate il the capital Of the State which would not be
cd h. a hridOa ahova The
of the State aud the mighty West, are both sub
jected TO heavy expense during the long close Of
navigation, for the large supplies they respectively
need The trains which reach Albany during the
opening navigation, might cross the river and reach
the city without the necessity OF breaking bulk il
a fridge were constructed. The Legislature OF the
State, in view OF these circumstances, have, as u
gu, slion OF fact, determined that bridge lie neces
sary the prescribed height is sufficient for ca
nal boats and tow boats pass under il aud that
the prescribed width OF draws is sufficient for steam
boats and vessels with standing masts. These ques
tons OF fact having been decided by the legislative
power the Court of this State will doubtless con-
slider the decision reasonable, and therefore Enal
The Wheeling bridge interrupts the navigation Of
steamers OF a CERTAIN class to a State whose limits
are wholly above IL. Troy scarcely expect
greater immunites than are yielded TO a sovereign
State aud particularly both the Hudson aud Troy
lie wholly within our own boundaries The princi-
peruvok O. justify tn interruption ofnavgation
q Wheeling / 40. dif r,ut from that invoked TO
-usau like interruption at Albany. The drsw'
hrilg. IN the structure over the Hudson is required
go b. ,iway, open s1ctpt when train is passing,
the wit. OF which il abundant for the widest
Graf L. he entire width OF the river NAV De
claimed for the purposes Of steamboat navigation,
go back 20 the right contended for on behalf OF
The rats al FstKil and il would be unlawful TO
"arrow aut nsvigsble stream, even by constructing
dora ~ pi-r Such doctrines must yield TO the
advancing spirit OF the age aud particularly TO the
ur"e,sit-s Of means OF communication unknown
hs'p,. thi- century, bat waich is working changes
u usiut~s and affairs. OF life 10 extent Of
which 10 human mind can form any just conception.
n y Journal Of Commerce.
Since he fact has been well settled that
Bis 'op 0'Rrilly, of Hartford. was on board
tie Pacific. and that he Is probably lost,
que o. &C auch interest concerning the prop
eri, at he Catholic Churches in Connecticut
va arisen The Legislature Of that State, at
rs IS session. passed law 10 the effect that
evey devise or conveyance Of church property
-hoald he vested in n religions corporation, |
f., med By the church members, under certain |
restrictions; and ia case such property is held |
by an individual, and there be no such cor
oraie body, then the title shall vest 10 the /
State OF Connecticut. The Catholic Church /
property in Hartford, and probably other sec
tions of the State, is said 10 stand in the name
OF Bishop o'Relly, and as no corporate body |
has been formed. as required BY law, the |
whole Of IL will be vested in the State. The |
law, however, provides that the State Treas
urer shall deed said property % corporation |
Of a congregation, when il shall be formed In /
accordance with the laws Of Connecticut.
The Prosecuting Attorney at Cincinnati has