The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-31
PROCEEDINGS OF CITY COUNCIL.
EXTRA MEEIING.
corrno1n. cuaunER October

| EAIhA NEE llNU.
COUNCIL CHAMBER. October 49, 1868.
Present-The Mayor; and Aldermen Ged-
dings, Potter, Cunningham, Lindstronl, Wall,
Cade, Olney, Whilden, Voigt, Howard, McKln-
lay. and Moore-13.
The minutes of the last meeting were read
and confirmed.
Sundry applications for licenses referred to
Committee on Licenses.
Application Of z. Goutevenier & Brother, FOR
permission to repair frame house, No. 62 Beau
fain-street. Referred to Committee on Brick
and Wooden Buildings.
Petition of q. Hoffman and others, residents
in the niehborhood OF Spring and Ashley
streets, praving that the lamp IN said neigh
borhood be lit. Referred to Committee on
Lighting the City.
Petition OF Mrs. Mary II. Pearce, Admins
| tratrix Mrs. Harriet Shirer. PRAYING that GER
tain property sold by the city for taxes lie turn
ed over to her for certain reasons. Referred
to Committee on Retrenchment and Relief for
report.
| to notice the matter OF the cncroachment on
the lot of Mrs. Mary Cooper, northwest corner
of King and Queen streets. Received rs in
formation.
Application of Trustees of Shirra's Dispen-
sary for renewal Of lost city stock. Referred to
| Committee of Ways and Means.
Notice Of annual meeting Of stockholders
Cheraw and Darlington Railroad Company, to
be held on the 18th November. Laid over till
later in the evening.
Communication from Commissioners of Mar
kets, making application for three additional
lamps in centre market. Referred to Commit
tee on Lighting the City,
Communication from Commissioners Aims
House praying to have new fence erected
around the Aims House. Referred to Com
mittee on Public Buildings, &c.
Application of T. D. Dotterer for permission
| to erect steam engine corner OF Calhoun and
Alexander streets. Referred to Committee on
Steam Engines.
Return of Harbormaster for September, 1868,
showing s3f5 s. collected, &c. Received as IN
| formation.
The annual statement of the Commissioners
OF the Orphan House was received as lntornla-
tion.
The Mayor presented the following report of
nation:
To the Mayor and Aide. men:
GENTLgMEN:-Ith has been referred to me to
inquire and report upon the right of the City
Council to sell the Marsh lands lying west OF
Lynch.street, near Broad-street
This has always been question of doubt,
and although proceedings in equity we're once
instituted for the purpose OF solving the ques-
tion, the suit was adjusted by o consent de-
cree, and the question still remains unsettled.
By act of the Colonial Legislature on the
18th April, 1768, it was ena cted that all the
Marsh land lying on each side Of said canal
hereby directed to be made, situate on the
east side Of Ashley Rivec, (from the upper end
Of Broad-street, into Ashley River,) within the
limits of Charleston, shall forever hereafter be
reserved and kept for the use of o Common for
Charleston; and any grant that may be made
or obtained for the same, or any part thereof,
is hereby declared to be absolutely null and
void"
By this act, the marsh land in question was
dedicated to the purposes OF Common for
ever.
In 1873 the then City of Charleston was in
corporated, and in the charter certain lands
were vested in the City Council OF Charleston,
and with others "the marsh lands appropria-
ted by law for Common, ,""for the use and ad
vantages Of the said city, to be leased, sold,
improved on, or otherwise disposed OF, rs to
the said City Council shall appear most condu-
Give to the welfare and advantages Of the said
city and tho inhabitants thereof"
There can be no doubt that the Legislature,
by the act Of iiio3. did vest the title to these
lars.s. IN the City Council, with power to
sell, lease or otherwise dispose OF them; but
lature had devoted the land to the uses OF
Common for the benefit Of all the inhabitants,
q subsequent Legislature could devote 1t 10
other and different uses. Did the act of 1888
supersede the act Of l768? Could the act Of 'S3
deprive the people Of the right in Common
which they had acquired by the act OF '6S?
The question is an interesting one, but not
the grant to the City Council in 1783 was valid
and effectual. It should be borne in mind
that the Revolution had interviewed between
the Declaration of our National Independence
and the adoption of the Federal Constitution
in 1857. This State was q sovereign, all power
was vested in the people, and the Legislature
was the chosen agent and representative OF the
people. The power Of such Legislature was un-
limited, and whatever one Legislature could
enact another could repeal In all matters OF
public concern their authority was supreme.
II this theory be sound, The Legislature ot 1783
was perfectly competent to dispose OF any and
all property of public character, such as the
lands in question, in such manner as they
might deem that the public welfare requires.
By the decree of Chancellor Wardlaw in
July, 1858, SO much of the SAID marsh land as
lies between Rutledge-street on the east, Beau
fain-street and lands cf estate Of Strohecker
on the north, Lynch.strcet on the west, and
Broad-street on the south, was dedicated and
set apart as Common forever.
This was done by the consent Of Council, as
will appear by their answer, and by their reso-
luton of 18th July. 1853. The question as
to the power of Council over the remainder
of the marsh land was not adjudlcated. 1t Is
Stlu Opeu.
I have given my best judgment upon this
matter. 1t is questi N OF prudence for Coun-
Gil whether they should make title, and for q
purchaser whether he should take title, before
the doubt is judicially settled.
Respectfully,
W. D. PORTER.
The Mayor presented the following, which
was referred to the Committee on Public Build
lngs, &C., with instructions to report:
HEADo'Rs ASSISTANT COMMISSIONER,
BUREAU R., T. AND a. L. So. Ca.
COLUMBIA, S. g., October 90, t66S.
His EGcellency Governor Il. X. Scott:
GovERNoR-I have the honor to inform yon
that special instructions have been received
from the Commissioner at Washington, to close
up the Bureau of Refugees, Freedmen and
Abandoned Lands in this State, on or before
the first Of January prox.
The Commits, oner directs that measures be
taken preparatory to breaking up hospitals and
dispensaries, and the withdrawal of aid from
orphan asylums.
The Commissioner announces that, after the
first of January next, no further support can,
according to law, be afforded to these institu-
tions.
In view of this announcement, I respectfully