New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-09-22


ddungcr II ahuss in th- direction lhers 49," 49,.
n ravirahle national Highway IN any 81 t,le 500
which ma not BEEN bn ed 81 rpIns 'ih'e 'lr ~ D.
purVo-.. by State authority. lnere J, aIeary
draWbr.dge ON th, Hud.onmihe alA"D 80 .-srti3n
Who complains - that Who regrets tnr 'IS0.on
If anv one erected anywhere " hen one
# al Of them would The plbie consent 10 eiNe
up L. The case f the Wheeling Bndge' C"hfreS7',
tie appointed guardian # commerce, ir'i'r' vac
action If the >rene Conf. ard. practically AnhAhs
its Indictment directed that the bridge when TIE t"hl
had cordemred should nevertheless stand. Dos 'nir
Court thu that the state 81 NcW-fprN : Hh'iy :"
acquesce IL the Judicial denial Of oraSe over tHe
Hudson a. Albany, after the state ~ |ir{inla ia
shown that an appeal Congress can safely D. takeh
m such case Doc this Court TANK that Hl- lu-
dcioas ald that tie cDurs. 81 pT'ceedlI- WHICH
WI. pursued IN the Wheeling Bridge ease sha become
hahinel and that hrrceiorih ii shall D. un fr.'opi
when draw q -hall be- wanted that cnurterl 10"
j. To IL obtained irm the State legislature tat 'his
charter +. then "a b. annuled by the JUDICIARY sni
that then the Congress II tie United states ,a ann
that sentence and renstatc the charter is sich
a course If proceeding calculated 10 enhance the
dignity Of the Courts Of the United Sta'es, and the
awe aud yenera'0n Ia which they nave hitherto been
he'll 49,
Lrne tel these compaiuants that even II the legis
lative power # the State had been elt m TINS s Pect
without a bride the Constitution stih the national
us.s cfthe the uavigable waters Oi the State OF New
Yolk would have been safe. Mutual commerce l. the
vital cnrrent of tl. Federal system. The state Of
Nrw-Yurk Is the heart through which that current
circ8lutes: the Hudson River = one OF It's NAN
arteries. NeWiorh j not likely 10 mistake the law %
POLITICAL heaitt-much les t. strange herself.
Nav please vour Honor. Judges as you are and
learned Judges too. le. me tel you that what Is here
called and justly, the national commerce, H. never
theirss IN sense more jn-t the commerce OF
the state Of New-York. She has perfected, she has
sustained Il. Nav in far rs creation can be
prlcaied 81 construction from materials already ex-
sting she created it. II pays only tribute 70 the ma
tiou-a rich ,rbuie-one night l0yaly paid, but the
vast accumuat.or- # wealth upon which that tribute
+. raised belong to Ncw-iork alone. What, in It's
first estate the national navigation Of the llud'
River which you are called upon ilusy to pro-
tect. against violence at the paternal hand Of the
legislature Of Ntw-lork IL was n navigation by
-lopps and scho0ners extending from NeW-ioTk BAY,
$50 miles 70 Waterford and there it ended. There II
ended jus; where il had only begun. What il now
II j. practically navigation by steam from Newlurk
to Waterford, extended by canals from Waterford,
northward westward and southwark. until .nteracng
IT.. arms with the navigation Of the 81 LlvT nee, Of
the Upper Lakes If the Mississippi, and toe widely
spreadipg tributaries If the Mississippi, Il has be-
come TIE IN, mai navigation Of the continent. II Is
the Legislature Of Ner-York which in fifty years has
thus transformed the navigation, and with It the COM
merce e the Hudson River II was the Legislature
81 New York that hv patrorage lu1ci"isy applied,
sustained Fulton and Livingston in their iaborous
trials until they at last completed the sub
iugution of steam, and compelled II to serve mankind
~ a marine power. Il was the Legislature OF New
York that, unaided AMI even repealed by the Federal
Government when applying for IT. patronage opened
the thampain. tTle ana OrNt ~ tSnfl-, AMI
stimulated other anl younger States To- make their own
distinct connections &c system 0f inland naviga-
tion. l. j. the state 0fNewl ork that having perse
vered through all physical obstacles and all financial
dicues i. now enlargng all these canals, and about
to establish them system Of steamship navigation
The NoTth-V estern States all Of them, even to Cali
fCrna and Oregon what they but the offshoOts or
tie colonies ol New-lork, fruits Of the free, Inu-
nfcent policy of extending her internal commerce /!
The very railroads which the Legislature OF New
York has created and which narrow jealousy now
accuses that Legislature Of iavorlng with perverted
and unnaiurHl ondEess claim her support aud proec-
ton only upon the ground that they too are tributaries
TO the navigation ard commerce of the Hudson River
New-Yofk may it please your Horrors, has many
resources of wealth and greatness in common with her
sister States; but she has that is peculiarly her
owu. T. is inland navigation from the to the
Great Lakes, exclusively through her own broad do
main. II j. the commerce that has sprung into exist
ence or Of that navigation that has placed imperial
coronet upon her brow. Do not fear for New-YOrk
that size viii fail to know equally how to keep it there
and 20 wear il well.
shall range at large lnyer long in the fields
of iudicial authority to which this temptngly
invites me.
! hayo already intinafed that regard the ease Of
Gbb0n against Ogden as not AT MI conflicting with the
positions have maintained. Tie questions here UNI
der discussion did not arise there Thet not ike
this u case III which INJUNCTION demanded To
prevent the erection Of a drawhrigc the ground
that IL would prove nuisance Tie ingenuity OF the
attorney had no, then reached the hight of assuming
the general practice in of nuisance adopted by
the Legislature of New-York from the common law
ami planting the guns upon il TO null.fy law of
the State winch supcrseies that common law IN
the very matter IN ltigAtol. That perfect develop
mcnt al professional invention reserved until our
time On the contrary. that was al appeal 10
the Supreme Court of the United States from decree
at tie Court Of Errors of the STATE OF NewfOrk which
ordered perpetual Injunction against class Of
coating vessels, namely steam vessels, then newlyn
vented Prohibiting the from gazing the waters of
the State of New-ioy without fr. procuring lceu..
from party 10 whom the State had granted a mpnUp-
DIV of such navigation as reward for having per
frCted the invention In that case there was legal
Inhibition by statute but material or physica OBJ
structor such il essential in the very dcf1ition of
nuisance. II neither could have been claimed
IL claimed IN that ease, that the statute Of the State
which authorized the monopoly, or That the monopoly
itself Ea- nuisance to BE- abaed by -calre'ne,lies. s.
il appears that the question whether drawhridge,
thorzed by State law can be abated or prevented
bva Circuit Court of the United States not pre-
secuted in the of Gibbon agt. Ogden. 80 far as
the syirit If the opinion. which delivered by the
late Chief-Justce Marshal j. concerned, IL IS, Il 10
not mistake altogether, N harmony with the views
which have submitted
The genius and character of the whole Federal
Government The says seems 10 BE- that is action TO
b. applied to all the exterior concerns which affect
the States generally but MT Ia those which are
pietely within particular State, which do not affect
the States and with which II j. not necessary 20 inter
fre for the purpose Of executing Of the general
powers Of the Government. The completely inter-
raj commerce Of the State may be considered a.
served tor the State itself"
"InspeCton laws, quarantine laws. health laws Of
every description as well a. law for regulating TIE i'll
ternal commerce If State sni those which respect
truu IKE roads, ferries. &c competent parts Vt
what he calls nmens. mass of legislation, which he
says embraces everything within the territory If
S,atr not surrendered - thu General Government al
which can be- mo,t adyuntageou-ly exercised by the
States Themselves aud rnin- which lie ads 10
direct general power these objects l. GRANTED 10