, 1859-10-05

rhicb, bcgiuuiuK on The Atlantic aenhoard and ;
'ow completed to the left bank Of that r1ver,
cck au extension nvcroBs tho fertile delta lying
,etwecn the Mississippi and Missouri Rivers. E
aud desirable portions Of The globe, {
and has been settled by 40 industrious and en-
crCctfc pcople, with rnpidity une1ampled IN /
thc history Of civilization. This settlement has
been chiefly from emigration from The Atlantic
States, aided however, that from hatope.-
that this emigration has moved westward on the
lines Of latitude, aud this fact alone would &C.
couut fur the close commercial relations Nhach
now exist between that region and the North:
crn Atlantic cities, and which hare originated
the costly canals md rsilways which hare oecn
tctwce. the agricultural regions Of the North,
vest, mud the manufacturing and commercial
cities Of tue Atlantic. The extremity Of Ibis
wonderfully rich agricultural region has been
nearly reached by The t"o great natura! water
communications ofthc continent (the Lakes and
Tie Missssippi). and ns these form the cheapest
routes for tie conreyance Of tue pondcrous Or
hu1ky products of thut region, the course ot /
commerce would hare been governed ~ their
relative advantages. II it had not been Tor the
home afIiliasons aud greater energy Of thosc ~
tcrcsted in the northern route. TheEe with ser.
cral natural advantages, hare enabled the north
ern lines Of commerce to drain nearly tue ~hoc
OF the trade cAst OF the Mississippi 49,
The Missouri delta (cmbracing Northern MS.
souri, Iowa, Minnesota. nnd some portions Of
Kansaa and Nebraska! is a5 fertile, aud IN ser,
equal amount or territory lying Immediately,
cast Of t!e Mississippi. II is claimed as natu-
raI1y tributary to lines OF commerce !eaosne
eastward, nod it is beieved that it will become
50 whenever tue proper aud necessary eoinnu-
nications are made.
The Mississippi River forms barrier to all Of
| tese lines Of commerce, and 50 long q the
agricultural products Of that delta are subjected
I to the DELAY, expense and damage Of translil-.
| meut and frrriace, al rpint where The coss OF
! carriage to an Eastern or Southern market -
nearly the same, 20 long will the latter enjoy
the monopoly Of this trade. The Atlaosic cities
fPnrt1ana, Boston. New York, Philadelphia and
BnItimore. are equally and largely interested IN
| this question. A tarSc portion Of the trade OF
three great States, Is to find is markct east or
south, al the question OF br1delhs Inc Mlss's'
The cAaracter Of the navigation Of different
portions Of the Mississippi requires 4ree CLASSES
&c vessels. These from St. t.ou's and Louisville
running eoutherly being Of the largest class;
smaller class is required between St. LOUIS anu
the Demoiue rapids; still smaller class be-
tween the Demoine aud Rock Island rapids,
while above the latter aud to st. Paul, larger
class is best adapted to The nar12at'on. ~
tines of high wafer. the second class can nas!'
gale the Whole river between 81: Louis and ~
t~@-'Ves
Of the trade Is carried between these paaces BY
a class Of vessels which eau pass the raI'lds
Before the extension CT the railways fron the
J | East 10 the Mississippi, St. Louis erjoyet a
monopoly Of the trade Of both sides Of the r1scr
above it. It's ear'y settlement, its monopoly Of
the trade OF the Upper Mississippi aud Missouri
rivers, carc to tllis city start and importance
| | mhicl las admitted of no risalship. The com;
i p1ctiou of the Eastern railways to the bnpks o
the Mississippi, at once drew off from St Louis
I an amount Of trade which Alarmed ler iner
. chants and citizens, and when 50 mauJ Of these
> railways were commenced on the western sldt
OF tic river, and began to demand better cou
t ncctIons with their Eastc,n a1lies St. Louis be
c came thoroughly alarmed. ana determined L
. retain at least this portion Of her former trade
! not ouy by extending her system Of 1ailsay'
i into The disputed territory, but also bg throw
iog erery impeachment in the way Of those road
r which would divert any portion Of this trade tt
- other markets.
!" Tie saeacisy and energy nf the managers O
!, the Rock Island Road induced them to ente
,,pon the construction Of C Railway DrIdg
d 5etoss lie Nissiszippias soon as their own roa
9 xas completed to the RiEer, and it Tas fortun
| u1e for them that By on early and expedition
c movement they anticipated the action Of III
: St. Louis people, mud now occupy. the vautas
r. ground Of defending q completed Bridge th
Il commercial benefits and necessities Of whic
q arc apparent, asuiust The efforts Of 1 rival ii
d terest.
- The Rock Island Bridge Is the pioneer cas-
~ in this controversy between the laid aud wate
= routes. 1t is cluimed that the law Of the Ian
N gircs ,re eminent rights to the Inter- and thl
- The former must yie!d 70 these Il is believe
if ready dono 50, That this claim is not suprorte
is .I,e rreaent laws, but il their decision shou
Is be Otherwise, the final settlement If the que
id tim upon fair, equitable principles cannot be
., mailer OF doubt.
- In tl.,s country, a. least, this class Of laws
y but tic expression Of the people upon their re
as alive rights aud duties, mud the duty Of ii
$ cutorcz obedience thereto. as nov constit
ts led the courts are exceedingly conservative,
~ their decisions are 20 largely governed by pre-
4a cdent ttat they nerer or rarely originate nc
to principles. such rs influence men in other rel
" lions; and willie they arc aiways little besIt1
Tue spirit Of the age. Jet tue history Of the Ia
lie during tile last few hundred years shows al.nQ
lie as ereai progress. and IN most respects co
for,nity TO this spirit, ~ that q any OF the 81
lis ences. TLis conformity l,as been produce
Ut partly by enlightened legislation and partly |
the judcious action Of tue courts III antcipatis
ia such legislation.
a 4 quarter Of Il century since, the nav;sal
nr wGter courses Of the eoan1ry we're By far Il
most important, and in many cases the on
large channels Of cnmmercc. All OF tic laws
:. preceding ages had been constructed for L
u protection. aud these laws still remain up
their statute books. and greatly influence 1
at courts in all tue decisions relating thereto.
th, During Ills last quarter Of q century, Ut
MI | mode Of transport has been deFcloped, viii
49, has taken from inland water courses, nearly a
'ea in many cases the whole Of the passenger tra1
Of port, . large portion Of the goods traffic, ii
nd strnil portion esen Of tie heavy articles
,s transport.
o. Tie legislation of the country could not
expected to keep up with the rapid dcyelo
I'M ment Of railways, and the numerous and i
a,f commercial relations. Although the stateme1
-" it is too stupcndous and has been too 'sudde1
" produced, and attention has too recently BE-
nd c:fed to it, to permit the Importance OF the Il
to he generally realized, viz: thaf more th
one txeutieth Of the wealth Of the country b
been invested in railways, and more than o
oil twcEtiseh Of the population afo almost direc
- dependent upon them for employment
'a1 Ona {act, significant Of tile direction Of
md future legislation, is that all Of the ytceat Ia
ted upon This subject hare been passed for the p
lection Of the RAILWAY Interest, and that AREA
. 1nany territorial, municipal, corporate. and es
ION | individual rights have been made subscribe
10 those required for the protection Of, or tht
connected with Railways.
lay A little consideration will sl1ow US the n
of mate result offuturs legislation on this suhjc
-, If the courts were not now hampcrod by I
~ early lesis1aton for the exclusive protection
T., | Tie Water courses, and the numerous cases
old | prccedents, and if they we're now Chilled ur
In | to decide such question rs tho Rock 1s1a
bridge prcacnts, oniy on the jnsticc and eqn
Of tic case, it il evident tbat Willie they wo1
,rt require the Bridge Company to SO constr
"~' their work ns to present the least inconye
Der, nce tn thosc nayicatiue the ryer ret tbat 1t
av- would declare thai the pub'icuecessity requi
the sucl, structure to bc built so rs to conv enic
ly accommodate The traffic designed to p
orcr II, and that the navigation Of the ri
must be subjected to whatever inconveniens
on structure 80 built would produce.
-: As has been before remarked. the courts
o.. qurns'y anticipated inevitable, legislation, .
n this is one of ftlo cases where it Is almost {
tcn tain that the righteousness which character
their action III similar ta.es, Will lead 10 d.
on siou on this subject in ADVANCE Of legislatl
'eo- and prevent con[lict which they ind all oil
her iudjcious citizens would gladly aroid-
~ The history Of the Wheeling Bridge Gaze
iullr corr0borates some Of tue views abovc S.
SIP gested that it may be worth while in thia pl,
J Of to state it briefly.
P. The State Of Virgins holds jurisdiction o
c,t~ the whole of the Ohio river along ler
-. de1s, to low water mark on the Ohio aht
11s' Her Legislature authorized the construction
The thc Wheeling Bridge, for highway and railre
um- purposes. iu such = why as would present t.
fbe Substantial impediment to the navigation Of
river"
a'm The Bridge Company constructed 4 usp
and sion bridge Of cue Thousand feet cleat span,
is Of elevated about one hundred and ten feet ab'
,ore low water mark in the channel, and nb
~ eighty feet above high wafer mark, althougl
"ss was but seventy feet ADORE few Of the ext
nd ordinary floods.
and Afew Of the steamboats, which then mari
css. ted the rircr had chimneys Of about eighty !