Vicksburg weekly herald. (Vicksburg, Miss.) 1868-1883, 1870-05-28
DEER CREEK sLACWWATEu
NAWHGATE0N

from entertaining a feeling Of hos
tility to any public enterprise
promising permanent good to the
country; but il the bill pending IN
the Legislature relating to Deer
Creek SlackWater Navigation has
been correctly reported in the
papers, there are features in it
which cannot fail to incur pub.
lie disapproval, and which should
literally defeat the measure. Ger.
tain provisions Of the bill are In
fact OdiOus; and il the courts OF
the country should lend their aid
to enforce them, they would
amount to an invasion Of public
and private rights not warranted
by the constitution and common
law of the country. The exclusive
use of a navigable stream for the
enormous period Of fifty years to
be secured in utter disregard of
the plaincst principles of private
right and public policy, would Ger.
tainly he most valuable franchise
to the company The attempt to
take from prOpertyhOldcrs OH the
creek, in a summary way, land,
timber, or other mntcrial neces.
sary to the purposes of the com
pany-(thc corporators of cSurse
to be the judges Of their own
wants sand the prohibition laid
upon the injured party against
protecting himself by injunction
are certainly bold feats of legisla.
ton, not surpassed by anything
done or proposed by the sage
body now in session at Jackson.
If the proposed measure he meri.
toriOus, it would commend itself TO
the hearty approval and support Of
the district Of country interested,
without these stringent and worth.
less provisions. BY inserting them
in the bill the c%orporators admit
in advance, that their project will
very likely meet with opposition.
Whether the charter be intended
forr use by the %corporators therein
specially named, or whether 1t be
intended for sale and speculation,
which We do not charge), its
value is not at all enhanced by the
odious features referred to.
The Company have doubtless
considered duly, the grave qucs-
tons likely to arise in the prose
cution OF this Slack Water Navi-
CATION project. And they learn
that the Legislature has not trans
scended its powers in assuming to
grant to them for the term of fifty
years, the exclusive use of a
stream, which, by positive Legis-
lative declaration, and by com
mon use, has been navigable for
many years past, and free to all
bouts disposed TO use il? The
principle was long ago settled by
Judicial decision, that q State NAV
grant to an individual or to Il
corporation, the exclusive use of a
stream not previously RarigdJle,
in consideration Of labor and cx.
pense in making it AavIgable; but
it is certainly not within the
power of u State to grant such q
franchise in a stream nayigable by
law and common long continued
use, simply in consideration OF
improving its navigation. AS
this company does not propose to
make Deer Creek navigabIe, but
imply to improve it for purposes
of navigation and trade, we think
it impossible for them, under a
charter from the State, to hold the
use Of the Creek in exclusion of
all boats not owned or authorized
by them. 1t is ordinarily navig-
able for four or five months in the
year. 1.-THE company could, by the
plan proposed, render it naviga-
bic for the entire year, (Which is
very questionable, J the improve.
ment would certainly be u very
worthy one, and possibly useful
to some extent; hut still We do
not see how the great utility
claimed for the work orthe heavy
outlay of labor and money re.
Quired TO execute it, could re-
move the legal difficulties, which
would inevitably embarrass the
corporation sooner or later. Fede
raj laws, enacted in pursuance of
that provision of the Constitution
OF the United States giving
to Congress power to regulate
commerce between the States, are
paramount TO any such exclusive
grant BY the State, and would, as
II seems to us, render it utterly
null and void. In case its eXclu-
sive privileges should be invaded
BY a vessel regularly in the coast
ing trade under Federal law, how
would this grasping corporation
defend its monopoly against the
paramount authority Of Congress:
The Legislature Of New York once
granted to Livingston and Fulton
the exclusive navigation of the
waters of that State by steam YES
sells, and it is we'll known that by o
decision of the Supreme Court oil
the United States, the grant was
declared null and void, as con.
ns 80 II -