New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-11-23

fict. You, therefore held tha, The acr Of i'm, On
q mn ercsl rig la,on and thu; the bridge coos,,,
under the authority Il Virsius, ~hose a7thors, -
subordinate 10 the authority Of C.nsrs.s in .,s -
# lis commercial power was . Inisanc.. and,'%s
sbsted a. such. Why il the bridge saved, NJ
cause Of any char ge Of view is IN. question nrss.
as the case originally stool ~ The 18th Of How.ss
not npon the gr"uui that such britse as v.,TS
under snthority, which 10 terms gave an sr,1ss
to build that v-ry hridx., nor In vlol.tion ~
right secured Ger the reg aatlon psssed by C,rs
IN pursuance of lis Commercial poser bu, or ~
around, AID sorly or the ground that the ssu, -, -
uer'ial power, Copg"ss, had subsequently,, ia n.
en cution II that very power, passed a rry,I.s
Which made that biiige n brcg- consistent s,A -
commercial power % It, Unit-s, States. ~s
si, 'nsr.tors say the Curt as sis BRIDE created a..
3, th. ..ssesu.1t s.s,.l..,n a sj,ssn,S 20, as.s
ab'iIueiion u fsc', u 81 IN the p.r,oo
We have already ss,, and to principle l.ssab,S
erect and nisin,sin the bridge ,uh-t % De %
power Fl Congress r-sJa the ua,i.a on Of IN.
bod, having ~ N. ex.c,.s :, III. n,ss Tax
with u. Preservation aud e IAN
authority 10 usiIiA'n u W ud srtm - he compr;. " -
So IL this cas.. II they caa get tie brid,s 49,.
s'iuc'ed before the decision Is eivrn--if thew co. 70
al act Of Congress which shall provide TIA, 81
over the Hudson River at Albany NAV ~ M, C n xe
nj an 81, Walton OF ~ feet above ordinary H. r., Z
aid with draw OF so feet, or t~o draw. of ia r..
escb-robody VIII be able 10 compl,io in nj. C w.
or anywhere else. ''"'
Now, whatever may bsye been the opinion q, T.,
risis or lawyers before, Ia The asthor ~ al ~
on that gu, ston It is Low Ia De considered a ,,si
ias, that, under commercial power Congrss. 49,.
ght 10 pre- scribe The tigat oi thar bridge Sn 49,.
that Ia not done, NAY prase your hon rs !, nrns,
me 20 another view. WHO Is 10 ieciie "W5s
that" says my brother lie Que, zion a.,.,,;.,,
"upon discreiion-'tere are thousa ,ds az thicss =,
"nqur-d into before you can or ought IN cone o. =
"cuI ion up'r tlat question S;,epc. /. ,nvol,,aS
t. ExpeneIce il involved init. Puoic bep.6,s
and puolc evils are 10 b. hooked TO. These ara All
"uatters which III their nature address thcmse,ye. "a
"tbe legislative department ri the government Tusy
ale Dot fitted for JUDICIAL inquiry"
Il is to late, may IL please the Court 10 ailres.
considerations If hat klud 10 this bench. The So
preme Court has decided that ii there are any ,oeh
questions bvo sed in such controversy taey are mo-
only tit, but the Supreme Court are boaDd 10 decis
III, IN. Every If the topc. to which my brothers
adv rted upon the other site, bearing upon the in
proprirty OF exciting judicial power upon cop,ro-
very ot this description were just AS fruitful ia tue
question before the Court iu the Wheeling Bridge
case AS they in this controversy and yet the Court
held not only that they could, but that II vas their
bouuden duty to decide then, and they decided the
to the destruction OF the bridge Virginia 10 the ex-
ercise Of her supposed sovereign 0lscret.n, hsA
authorized the construction # the bridge. Congress
he'd passed law upon the subject except the l,w Of
1893 and that spoke uf brng-, AS my brother very
properly sand Yesterday. The Court said, and the
Court repeated MIR. Justice Ne son speaking ~
Tie organ Of the Court the second occasion reported
IN the 18th IL. wAid-tha tee -son presented bytae
original case before the act of 1852 passed, wa
vii, ther the right of Virginia to construct that bridge
nd gh, TIN, bridge had been constructed In eXact
cordance with the authority Oi N nit, vas yield
to the right asserted upon the part OF tue then con-
paiDant claiming under the paramount authority Of
the organic law of the Union, and the Legislation
Congress pursuance Of the 20 ser communicated 70
Congress BY that organic law, in passing the act Of
1898. And what is the difficulty in deciding such
queetous7 WHIST is nuisaDcei suppose TIE
C.uits Of the Uuited at.s ure competent TO d.
eide that que .t,on State Courts, English CoaA
Heie were Duisanc.s, absolute and ap parent that
their deformity appears at once the moment thy are
neItioned in Relation 10 which there eau be no
fctirg Judgment. Did your HOnoIs ever hear u
case 4 that Kind tried, which there was not these
political considerations involved Take glue msa.
ufactory on Broadway, under the authority II Now
York, or under the authority of u citizen without
the suthor:.y Of Ncw-ioIk. The man says, Why,
I" il benefits Broadway the smell at fret may be DE-
agreeable, but becomes pleasant after whis
" whole some, and coIduces TO the preservation d
human life, and glue can be made better; aod goe
&" is substance all important 10 keep the UoiJn "
getUer and save it, for needs to be saved every
f" DAY In the year" Your Houors mnst euter into
those considerations whether those public besshts
exist or Lot. But your Hoc,rs recognized in the do
clsIoD IN tie 18th Howard, the uduent 10 the recent
English ease Il be found Ia the ith Adolphus ana
Ellis, p. iO5 given by Lord Denu'an, who taea hell
that, " LII the iunnto variety OF active oPefsuoa
always going forward III tbs industrious comnanliy
A." ho greater evil can be conceived than the eoeoaf
ag. nsIt OF capitalists aud adventures To lntsffefe
" With known public nights, from motives Of persona
- interest, on the speculation that the changes nay
" be rendered lawful by ultimately being thought
"suppy the public vita something better tnan wns'
e they actually enjoy.
pose ms my brother has done ont VI this bib, that the
City Of Troy is real party 10 tins controversy
might suppose that the CeUrral Railroad 70 the ies'
party on the other ride, a from patriotic motives, W
douLt-for they do not look 10 ihtere THEY VISA 70
promote the prosperity Of tits great Imperial Ststs,
and 10 make u Is great metropolis still greater. 1hG
Is all. II 10 pure, publi,, patriotic motive. The
value OF railroad stock s thing they thought
OF. Ii cones in, however by the way, and when tho
controversy arrves told througn their counsel
lfor do not believe that this unorg anizcd Bridge
Company would come here without dollar and sm.
ploy COUNSEL OF tue great benefits that will rssut
from this bridge 10 the future. Waat weight Ia uers
in suggestion like tnatl Let lie READ IT again. may
it pltsse your HonoTs, from the case referred to:
" In the Infinite variety of sc.se operations always going Tor
wpd In this community"
ii you had written Albany there everybod would
Understand 1t a. almost exclusive tar the Cea-
trail Railroad is concerned
greater evil BE- ,Doeied than the encouragement
Of capitalists and AID aayrnturers'
Tie President and Directors.
-" to interfere With bnown public rights'-
Those are ours.
-" from notivssSf personal iD.spI"-
which I suppose may probably influence them
"On the speculation the changes b. rendered A~ai
BY ulii beng thought sspp the paohc Wild
bett. than sh.t they aotasly snJOy."
Ain ost prophetlcaly pro,idlg for this case.
Now, nay Il phase the Court have gone AS far as
prop to 60 IN arguing the Questions Ut la~, and
have but word 10 say upon the olher two qasstohs'
ar will proceed to do il at oLce.
If there is prohibition upon the Safe power 10
bridge the HUDSON is tie proposed brlge witain It
Ny brother Seward msiutaned yesterday, that tbe
hcieIt power of the States maDta'ned IN the "a
Pesr ard that there il held 10 extend To the sn
ihony to arrest the ravisa Of the River, involved
~ tLet absolutely by bunting 80 iDpassaoIe dam
without Draw. Certainly he does Lot mean thai u e
bIac.-et leasi should think lot with the authorities
before bm-tLe Iavg able rivers Of the ChI,ed States
Lot the ohio particularly, BECAUSE 50 tar from MAIN
tanning IN tie Wheeling Bri'ge cass-sbat there was
any auh ory in State to exclade by actual Pby'cai