New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-11-23
NEW YORK DATY TRIBUNE, TUESDAY, NOVEMBER g. 1858

ter. tie Hudson River.
We, lus, nay It please me Court ag''F'fs fTcon-
potibIfv ,ays nv brother Hill, is TO be th tes, Wa
tl.re st.onie ineonpaibility betge-., what il now
con,sndd "a u. tie character Of ne Congressional IL
c.1.e and tie object Of The ~ e Nes-York The
complainant in that Gaze culd have gone NJ the Hii,
son River aud I'll the waters e New-f'rs by woo
and SAL or by any otter power than steam. All mat
he compel.f to do was Y abandon hl7 'stuu'"'
a. a stean.bo a. and convert her !nt' -anoall VI
dispose a. her bad speculation eni pny .a'lps
vessel ar Give her 10 - those who held the state mo-
rcnoly Ne x,ad then have stood is free as air. lie
could then have La gated the Hodscn RIVER ~ -shs
Of his fceree. Bot that was rot t'en he1 10 DC tc
limitation of his right. IL was not mere naes"'to'I
which wa. secured To- him by his license II was not
navigation by VIVID or tide, sall or car. Una, Sas
or rte,l-evirg him authority to navigate oy the
fundamentally 81 any other means at PIopeh9 any
ve.sol which he might adopr. II clothed hm with au
tbmi,y 10 90 up ap1 that river IL any vessel, OF
any bIud constructed in any way, propelled by ny
force then known, or which thereafter might bec"ne
known a. agGs the license continued. IL was Tue
,iplt Ia travess the waters OF New ORR IN any Nes'
scl 10 winch lr- by mans ingenuity could be I'M
uar,ed. The Contribution WAS not made Tor the oehe-
fit Only Of the appliances I" navigation ex-tnS AZ tns
time when il sss adopted nor was the ACT 81 1875
uas,ed with view only the species Of LaVlg-u"n
known in 1888. Like TIRE Constitution It vas to re
main forever until repealed, III authority II any mode
by any conveyance Of when water should be me me
dun, To travel, unquestioned by any SKATE autnorly,
the rayipable waters ~ Nev.YoTk. Again there was
no AZ. olue incoupatib,y. If he hal paid the price
he migh, doubtless have got the permission oi Tue mo
Hoposts chartered by the Law Of New York. lie conh
aye 81, mir ed their license, and that, nader the w
ofNew.Ymk would have been sufficient Bot what
said III. Court ? The complainant, by virtue OF MS
license, and because u the commercial authority exist
ing in the Cor gress OF the United States when the act
antboriug the license passed-had night t0 60 10
Abanyor anywhere else upon the waters othe United
Slater.
Now may il please your Honor- if the effect OF this
license 20 trade Is to give the p,rty having the license
A. IL, t.. tr.i. b.-t md lu-
wolves the right to tTaverse the waters oi Newly TX,
az far he i carrying trade between the safes
or trade with foreign Safest proves ia, pro-
yideo the Judgment ia that CAGE IL - stand that the
ac, of 1893 was with reference To- controversy Ike
the present, act regulating commerce upon the
waters Of New-York, and exclusive Of any pDssr on
tie pat of the State If NewYork, by any legislation
Of here pre- vent the right 10 navigate her waters IN
der the authority Of the Union. Ard yet the persp
cacy Of our opponert Is must lave suggested I" thin
that very mucl H. the seLse III which they have 1sed
the argument in this case, that wa question o po-
lical power. TIE benefit OF the many they say 10
be s'taiurd if il sacrifices the interests OF Anew
Ard whether III many would be beneh'tei-and,
above ell, whether The commerce of New-fork would
be beI efed-thai great commerce 'lch my Or"'her
Seward thinks she alone has pro luced- Ia strange
mistake, may j; Il--se your Misunderstanding that
commerce would be benefited by giving an exclusive
authority CUTE her rivers by steam, was not rs
both ny brothers would have your li"noIs 70 believe
Independent Of tia, authority, 80 much Judicial as
political question. There are great many political
Considerations that enter into the proper 70
be reached upon such subject as this. This great
metropls-te great State ii which she s the DO st
has n and wealth. and h al tben
which challe ged the wonder OF the world Aud every
day that passes over us but increases the WONDER.
How was Il t. IT. preserved How to be be most ben
Gifted BY liviI tue right to navigate the river ny
steam to a. aud Is. for series of years and excluding
everybody elseS It might or might NOT. Nobody
was a problem. Nobody can tell nov with absolute
demopsir,iive certainty. BM this Imperial power
of NewYork,' to the language Of my brother who
spoke last in her WISDOM and acting doubt III en-
the good faith, both to the end 10 be accomplished,
and the belief that she had the power ana means which
she exeted 10 accomplish Il at endthought, 10 king
to what sic deemed just consdersti ms Of political
economy that il was best to vest that power exclu-
svey il certain parties But when the Sioreme Court
of tie United States came to examine It, they h.h
that all the political considerations That at one per,o
Of the history OF the country were involved in All To-
qury of that s1it any like inquiry, with reference
to the effect of TINS commercial clause, were passed
upon ard conclusively passe, upon by the people OF
the United States when they adopted the CVistitu-
ton. They thought, whether wisely or not Is l1na-
terial that neither the Legislature of New York, nor
any other State Legislature could be trusted with the
authority TO decide for herself and above all fer the
people Of the United States wao might be Interested IN
such Legislation, whether II WAS more beneficial, or
less beneficial 10 raw ate her rivers IN certain way
And with loyalty which became her patri ,tism as
SOON as the decision pronounced, ali efforts to
maintain the law ceased her judges 10 mao, how
good and legal citizens bowed Il the constitutional
authority Of the Union, which he was just much
bound citizen generally, and by virtue of bis oi
cal oath Ia main TAIN rs he was bound to maintain the
Constitution IF his own State.
Now may il plesse the Court what bearing had the
principles established in that case upoRh authority
Of State TO bridge pavgable stream that is the
next question, ana that brings me 70 the case OF the
Wheeling Bridge in l3tn of Howard. think know
villa. the Law is Row. thought knew il before. But
! was better informed and corrected, ast in part by
your Honor the presiding Judge for You corcurred
with the m joriry Of the Court iD that easel
Now, nay it please Your Honors, il shall be unable
TO satisfy you That II at TINS do not think
shall ever AGAIN argue with any confidence any legal
proposition: can its principles, independent of the
facts. The facts shall examine hereafter.
TIE Legislature Of Nirg na passed an act to au-
thcrize the construction Of Suspension bridge across
the River Ohio at Wheeng-a p rtion of the riyer
admitted to have been within the exclusive jurisiic
tion of that State. beg your Honors 10 bear tnat IN
pLd. Their not only The abseLce, or the assumed
ab ehce Of any authority upon the part ,f the United
States TO construct such bridge, or any other bridge
thee but there other State, aud of course DO
oth.r power except the power of Virginia, which could
bridge Il liver al that point 1t bSr river, SUBJ
Jet TO certain rights existing il the people OF the
United States To- its waters. After the bridge was
erected looking to the controversy which she DID not
suppose at the time could exis but cid exist, the State
passed second act, declaring the scual structure e
cal Size decided, trs, that she mght build bridge,
and then she DECIDED that the bridge Company nai
built was Il bridge which they had her authority %
build. So far, therefore, as the power Of Virginia
concerned, the bridge legal structure, of which
10 man had the night 10 complain, except on sooe
ground resting on some authority par ,mo ant I, the
authority OF Virginia. Pennsylvania, in her laudsbe
eff rts TO of the wealth oi the Sruh-W,st,
embarked in large expenditure, millions Of dollars,
IN tie construction Of railroads and canal aud she
pected to be psd bot OILY III the wealth which they
would hing into tie sp 81 the State, but directly by
,ols ard fares the Of canals and roads.
Tie bridge about 10 be put up-nVt hnishei-la
fact which Will rely upon before | close, as bearing
upon Ii particular case, and sh. files her bill, aeg