The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1906-07-11

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And the testimony of the ferrymen
presently engaged in carrying said
navigation, trade and travel between
the States of South Carolina and Geor-
| gia.
They can obtain from all the mem
bers of Congress representing the dis
tricts along these rivers the testimony
that they have been navigated, are
navigable to some extent and suscepti-
BILE of improved navigation.
mention only for order:
The Congressional records,
And the War Department records.
The first settlers have established
themselves along the navigable rivers
because at the time these rivers were
the sole highways at their disposal for
their travel, their transportation and
commerce. The upper Savannah, the
Tugaloo and the Seneca rivers have
been used, as such highways from the
mountains to the sea, until the advent
of the railroads; at that time the
sound of the bugle announcing the ar
rival of the boats at their landings
were as much of an event as the sound
of the whistle of the engine announc-
ing the arrival of the train at the sta
| ton.
Because of the rapids existing ON
said rivers the navigation was some
,, what difficult, and when the railroads
came the use of the rivers was grad
ually and almost entirely discontinued.
At the time of the navigation the
lands along the rivers had value su-
perior to the value of the lands located
in the interior, which were far from
the ways of communication and trans
portation.
Since the advent of the railroads, the
value of the lands has been rising
along the railroads and decreasing
along the rivers.
Thus Tor the present the lands near
the rivers have become the lands re,
mote from the transportation facilities,
and great quantity of these lands
have been deprived from any mode Of
transportation, as they are not accessi-
BILE to railroads.
AS consequence the owners of land
adjacent TO the rivers are anxious to
see the revival of the navigation Oh
the upper Savannah, the Tugaloo and
the Seneca rivers.
Owing to the Importance of the nav
igable rivers as mode of travel and
transportation, the constitution OF the
United States and the constitutions of
South Carolina and of Georgia have
declared these rivers public domain
and they have specifically established
that all the navigable rivers shall re-
main forever public highways, free to
the citizens OF these States and to the
citizens of the United States.
BY these wise dispositions of these
constitutions, the upper Savannah, the
Tugaloo and the Seneca rivers have
been secured from local il f1uences and
they are in the guardianship of the
Congress of the United States whose
duty is to look to the keeping of their
integrity.
And consequently the proper juris-
diction to whom application should be
made for the obtention of permits to
build dams on these rivers is the Con-
gress of the United States.
The States of South Carolina and of
Georgia are constltutionally debarred
from the right of disposing of these
rivers, and grant or permit ema.
mating from their legislatures is simply
a vOiu title.
A few years ago tho legislatures of
South Carolina and of Georgia have
granted permit to build dam at Port.
man shoals on the Seneca river. No
objection raised.
Last year (le05) the legislatures of
the same States have granted permits
10 build dams on the Savannah river,
one at Gregg and the other at Chero-
kee shoals.
The attention of these last legisla-
lures has been called Through their
com mlttees) TO the fact that they had
to deal with public rights and that the
navigation of the Savannah river
should not be endangered.
But the legislatures took no heed of
the warning and they boldly author
lied the building of the dams without
regard for the navigation or other
rights of the public.
1T is in protest of such acts that our
petition is now before Congress,
1t is Inconcelvable to me that the
members of the committees who had
the bills in consideration, most of them
lawyers of great ability, whose motives
and lntegrity'cannot be impugned and
attacked, should have failed;
10 admit that the Savannah, the
Tugaloo and the Seneca rivers arc
| United States waters.
TO take Eotice of the inheritance of
their navigability for the future uevel-
opment Of this section of the country.
10 provide for the security of said
nayigability.
| To pay due consideration to the
rights of the public on said rivers.
TO admit the fact that these rivers
being United States waters the grant
or permit to build dams upon them
falls under the jurisdiction OF the Con-
gfess of the United States, and not un-
der the Jurisdiction of the legislatures
of the States of South Carolina and of
Georgia.
To see the right of the Federal gov
ernment Oh said rivers.
TO grasp at the fact that the upper
Savannah, the Tugaloc and the Seneca
rivers, with their navigation from the
mountains to the sea, constitute an i'm.
portant military strategical highway,
and that its maintainance as navigable
waters is of national interest.
10 consider that in granting void IT,
ties to the promoters. they were expos.
ing the latter to lot OF trouble and
eventually to the danger of losing theil
money invested in the enterprise.
And to remenbe that no sort of pre-
scriptiOn can prevail against Uncle
/ Sam and against the rights of the pub
lie.
But, after all, gentlemen, I shouit
f hot be SO much surprised, such condi