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

STAT can. MIDI sny circumstance VI public pace
.sie;y ,r health or II public disorder danger or pes
thence affect this freedom, and c'nro"-
il by police regulations for legitimate purpose.
Undoubtedly the carrier II mail a. the tniNi
States not ori has right. freedom If passsc- "ta
all State highways. which also are postToafs, WHEELED
Oh land or on water but be hes under Gniy "f Oh
legation "a exercise that freedom with as-duitv am
certainly 70 State can lawfully arrest or defsh iii
But can h. Therefore, claim exemption from o,i' on
turnpike roads, plarkToads, canals and rairoaisl OF
lawfully force biz hOIse OF BIZ engine onward q Nh@'
sLeed he will through streets crowded with military
or funeral PROFESSIONS harbors ned with betesnA'
-Oops and schooner, recklessiy oycrturnIs eaiSs'
bars quarantine and other inspection yesseia u nc
other various sfTuciTes on lana "r WsiTI VIZ" ~
States have established, perhaps for the pffPSe 90
preserving maintaining or improving the ieh"H! ~
abuses perhaps for the security OF the hcaAh anu
lives Of tie whole people.
The Coat;nc License does not define, z" sei o.
Corr ress defines free navigation or the freedom oi
navigation What then j. ~ extent tFhrlF II -
not an absolute and exclusive right 10 90 whore me
coaster WILL when he viii, and just a he VIII, Ie'k4e
# the rights Of all other. TIE nature ol tIlle, VIII
not suffer ANYBODY TO exercise such right IN eny
condition of human society anywhere. What u q
storm scourge the river 20 IL lowest depths, OF lc1
berg CHOKE the ehaEnr Or iogs gather over H. rem
Gcring SUD- starr and heatiands alike invisible mus,
all other mariners give place or come To anchor aui
can the coaster night onward, sinking IT. i- way
all whom he may encounter " Wat II two coasters
meet il narrow channel, or collide IN entering a haf
What if th. coaster meet the United States ma-pi
wnr-steaner or cutter, must the Government
vessel in whatever exigency, make way tor toe icen-ed
oystennaD Nay, what }! ne encounter IN the Mar
rows or al Hell Gate the feboat that J. gong Ia the
escue Of foreign slip IN distress, whose relief . guar
auteed bv treaty will the slippers freedom Il naViga
ton BE- paramount even then
The freedom Of navigation which the coasiine act
grants aud guarantees il Ike every other freedom m
Tree country freedom to be- a-certained AMI rcgu-
lated by law. Possibly Congress might ascertain and
regulate it. But Congress tas net chosen 10 do go
Must it, therefore. 60 uurt gulaied Tie right sub
icc nj most 10 revision by COngre-s) resides in the
States to ascertain and regulate il. Al the aws Of
the Saies which regulate, while they do not destroy
IT, ole valid and effective.
Thus almost uuuwares, | have reached the
question Of the cotitutiouaty Of the law Of wy ork
which authorizes the establishment of bridge on the
Hudson River AT Albany. The law i alleged To- be
unconstitutional the ground Of n supposed conflict
between II snd the Coastng License ac of the United
States, and the question resolves iiseH into three
First: Whether the State law destroys the coasters
freedom of navigation, leaving the enjoyment Of such
a night, at the same time, open to others
Sec0nd. Whether the subject which the law oi
New-Nork Resumes to regulate lies within tie re-
served political sovereignty OF the State OF Newl ork
TTiyd. Whether the use of a dTaS bridge over the
Hudson at Albany il a legitimate means of police
regulation not forbidden by conflicting with the
Coestng License act. Ers: Whether Tire law oi New
York which authorizes the erection ol the proposed
y
navigation while leaves the freedom open to Others.
Tie law in question leaves the navigation Of the
Hudson through its whole course open equally % the
coaster and 10 ell other mariners IL affects them
all alike and onlv affects them by making il necessary
TINT those vessels which cannot cor will not choose 10
pass under the bridge shall 90 through draw.
Second: Whether the sutje- which the law of
NewYork assumes to regulate lies within the reserved
political sovereignty Of the state
The manifold ofthc navgable state and national
highways Of our country which lie within the limits 81
the several State- as have already shown must he
ulated by law That law must be declared by some
con peteIt sovereign authority. The several States,
tree equal, independent nations before the Federal
Union possessed full, complete and exclusive sover-
eighty within their borders. They yet retain all that
tlsv have not surrendered through the Federal Con
situtoniO the United States. In regard to navigable
waters is agreed all sides that they conceded only
an nthe power given mp 10 C"ngress Ia regu
late commerce. They remain completely sovereign
over such rivers for all other purposes. or course
leave out Of view the postal military, naval and
cnue powers, because their consideration here would
only tend To perplex the subject.
ghc States then sovereign over natural national
highways within their limits for the purposes q
regulating police, and regulating their own purely
internal commerce. Congress has no power express Or
implied, 10 regulate those highways for Those pur-
poses. A successful sTrogati0n of snch power by
Congress to itself would be alarming stride toward
Capitalization and Federal despOtism II il nearly
superhuous add that the Federal Government in all
its departments, and the several States in their de-
partiIients have always acqIiesced pretended at
least to acquiesce in this boundary of jurisdiction
over naviguble national highways.
Thus have come Ia the third branch OF the ques-
ton. namely whether II drawbrdge il within the
means Of regulating police and internal commerce,
which legitimate ard not inerdicted TO the state
Of New-York.
Experience proves that il * useful and often
sarv for such purposes. II is therefore legitimate.
Has il been inicrdicted II il not forbidden BY the
Constitution Of the United States, by the Coasting
License act ar by any other act of Congress. Even
Al. 80 lF.,fs.t Aff.. Sol gutFl
CONDEMNS the Suspension Bridge over the Ohio, az
Wheeling, n unconstitutional, becanse il excludes q
certain class oi Cotstng vessels namely steam vessels
carrying tail ohimneys, from navigating the Ohio
River holds that it would, nevertheless, be lawful
bridge. if far modified ~ to be concerted into a
drawbridge
But iusomuch as the use Of the drawbridee il open
TO the State means OF exercising lis reserved power
it follows that the iorn proportions and conditions OF
such bridge also open IL the State for the
purpose The whole responsibility rests with the
State. The If the drawhridge is legitimate. hut
drswbrdees may be built in different forms and with
different proportions and may be- made subject to diff
,.reit conditions and different circumstances. The
discretion OF choosing fonns proportions and eond-
tons therefore necessarily rests with the State also
: The State OF NeE-lori has committed all Us legi,
lative power to the Legislature. That legislative
trust ueludes equally the subject Of the erection ~ the
dranlrdce and that ofthe manner and condition pc
cnhar to the structure. II the Legislature of the
State has not this lesser discretion well the
greater, this discretion concerning the incident "a
well az the discretion concerning the principal sub
iect then viii Your Huu0r> coudcscend tar = 70
Show us in what other department Of the state Gov
eminent az In what department Of tlie Federal Gov
err meut II is repOsedf
Since his discretion ~ mauifeStly rests with the
State legislature VIII the counsel for the painauts
please 10 show me that part OF the Constitution oi
the statutory Code Of the United States which dele
Gates To the Circuit Courts Of the United States author
ltv 10 review tie exercise Of this discretion which the
I.ef fure has made