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Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, September 14, 1854, EDGEFIELD ADVERTISER EXTRA, Image 5

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(From the Edgetivid Adveriser, 15th r-b.)
Ma. Earroa,-Sir:-By a recent Act of
the Legislature of this State, granting to two
individuals the right to collect tolls from all
persons passing over the Augusta Bridge, no
ordinary degree of excitement has been crea
ted, not only on the other side of the river,
but also amongst a large and respectable
portion of our own. citizens, WhosL interest
has been seriouily affected by such extraor
dinary legislation.
And, as I perceive by the Adecrtiser of the
25th ultimo, that our Honorable Senator has
deemed it necessary that lie should appear
before the public, in an article of considera.
ble length, in vindicationi of his course upon
the subject; and as I felt compelled, by a
high sense of duty, to oppose an Act which
I regarded as unwise, inexpedient and un
ealled for, it is but just to myself, as well as
dlue to my constituents, that I should state
the facts and give the reasons which govern
ed me upon that occasion. In so doing, I
shall notice some of the arguments of our
Senator, who endeavors to prove that, by
the striet law, the one-half of the Augusta
Bridge reverted to the Stato, at the expira.
lion of the Charter granted to the City Coun.
cil of Augusta, by this State. While I will
not prestitn to argue the legal question, as I
am riot a lawyer, I am satisfied to learn from,
the argument of the Senator, that while. w
law did not exact and require a g.t.
Messrs. JoNsu & KNssNm-1v, thero w..
imy view, ma nv considerat ionis of ju -
good policy igaiiist it. Onr own -
have always re: pre't.-d the title of the &:
Council of'A : to their Bridge ; for in
every case tl:at ': -in between them anl
the other pnt:: ciaiiiming the Bridge, our
Courts, as well as the Stjprene Court of the
United States, have invariab!y derided in fa.
vor of the City Conneil of Angiusta : mlnd it
will be seen that the .egidature -of Sout h
Carolina has heretofore reg,.arded the whole
Bridge as beonging to that Cormtniion;
hence in the act of I 815, granting the Char
ter to the South Caroina Rail Rond Com.
panly, it is provided, that that Company
should make compensation to the City Coun
cil of Augti3a, for that portion of the Bridge
within the jurisdiction of this Sta.te.
Again: in 1818, a Charter nas grmnted to
SHULTZ & MCAlNNI:, in the event that tile
suit then pending should be deid-.d ag:.in-t
the City Coaneil of Auigu sta ; but the ti:e of i
the City Council was so.tined by tho de.
eision of the Supreme Court of the Uni- ed
States, and, conseq'ienldv, SucLr & Mc
Krts:'s Charter fill to the gromnd. . In
1849, it was enaictedl thiat, *::'-rz & Mel<i
wmi, Ehonhil be aunthnried to tai( tolN fanno ii
all personis passing uver the r iige fI)
South Carolina to Georgia, prcde, quehl
collecting of toils did not suIject thet cma
munitv and the Rail Road Conpatnv to doin.
ble tolls. Now, it w'ill be perceived, that in
every one of these A et,, provisos are in-ei t.
ed, bv which the rights o0 the City Counl
are respected, and t1he interes of the plic
pre protected. Col. Caninm. vda-ilt that
the Charter gramited to the Rail hRoad (-o.I
pany was only intendei to streigthen th-it
Company in their negotiatimn with the Ci'y
Council of Augusta; but it seems !hat sileh
legidlation eily tended to weak~ecn thie poi
tin of thu Coinpany. For in 1!41, the
Ciiy Council paid one hundred thousndi dol
lars (or the Bridge, anl soon after offered it
to the Rail Road Copilan y for the saime sum,
wbich they refused to give; anid thus mat.
ters stocd until 14~>, n hen tle Legislntre,
as alreadyv stated, granted the Chi ter ti the
Rail R oad Comaptmy as. a coercive, hut uin
,'necessfuh tneasure. .N r were these nsego
tiationis fairly entertatiined until the tint ofI
- the City Council hadl been tested anid im
pliedly recognized byv a decision of our own
Court, enjoining Messis. J1omc:s & Kn:Nmnu
from collecting toll-but leavingz the. to! is to
be collected by the City Conneil excnsively,
where it was thought the matter hatd ended.
All the former ditiieulties having been re
moved by this decisiocn of the Court, ini the
action of the Rail Roadh Company who hnid
brought the suit, the City Council soon mean
ifested at disposition to makie ain arracngemient
with that Comnicy biy which th'eir purposes
might be accomiplished. Accordingly an
agreement was entered into, to) the elTect,
that the Rail Road Company, by payving to
the City Cobuncil of Augusta $100,030, weie
to have the privilege of crossing the river
upon a Buidge to lie erected by tiemsolves.
1 have not alluded to these facts for the pur
pose of dlefendinig the City Council of Au
gusta:, but to disabuse the public iniind, and
remove as far as piossile those prejoudices
which, in my view, are unjustly excited
against a neigihboring City: and more par
icula' y to show that all these efforts tupon
the part of our Legidlature to frighteni, or to
force that City into terms, have proved un-.
availing, and have recoiled upon our own
Mruch has been said about the gras~ping
rapacity of tho City of Angusta; and the
price the Rail Road Company had to pay
-for crossing the river, is often adduced as
evidence against her. Now, if that Comnpa.
my refused the liberal offer which wvas made
to themi by the City Council of Angusta,
abortly after they purchased the Bridge, it
was certainly their own fault, for then they
had an opportunity of purchasing the Bridge
for $ 100,000, the sum which they eventual.
ly had to pay, merely for the privilege oh
building a. Bridge upon which to cross-and
that the City Council of A uignsta were thus
exacting, may justly h.. r~ imu:tod to the un
wtse action of the Legv e:.r-of South Caro
?gnt~ which induced th~cem to believe that the
State was eneavoring to drive tivmn into
mewasuires ; aud yet tisk Samle R.uil !.(ad
Company have e-q:resse'i themselves is per.
fvctlv si isfied with thle hf:rd iargain, which
it is s:iid thev hall to drir. mi here i tI.t
a fact which is highly creditb:le to the City
Of Augusta: she has two exellent Free
Sclhok, within whose wa'lk ab.;ut twVinly
poor children, who reside in l1amburg, have
bien receiving instruction for severi y:r:,
free of ali eharges. So much for the rWpKici
ty and illiberaity of the City of Auguna.
But, let us admit, fonr the- sake of brevity,
that the one-half of the material structure of
the Bridge, and the soil upon which it rests,
belong to this State, and even then I con tend
that it was unwise, inexpedient and impolitie,
on the part of the Legislainre, to grant the
franchise to two individdus, for their so!e
benefit, to the great detriment of the public
generally. Believing, as I do, that it is the
duty of the Legis!ator to protect the Iights
and interests of his constituents, a tr as he
may be enabled, and believing as I didi, that
such grant would confer. in its practical
operation, upon Messes. Jo.NES & KuCNUDY
a private.benefit, at the znerice of the. ybdie
good, I felt con:.* Tained to oppose their appli.
cation, tiotwtithstandi'ig my regard and es.
tes i -I !: U za i b d as
eS i h 1652, when - pre.
..\: Raiorial of .Messrs. Jo.m &
,:aymtg an amendment tf their
u..ur the Augnsta lrilgv, I imi)nediale.
..eineid to give the subliject ali the de
"iteatin in my power. I atertivelv 1itii
td to the arguinmt nrvi' by the urened
Council, by wh'.iom the partie., vre ah!y re
presented, before the Committee to whom
tiih- .Memorial was referred ; I hil regett
conversations with diinguished1 Lawgers
and gentieiien of inforantion, ad, %% ith 'i
the Ihht thus atforded, I conuld not arrive at
anv other concluiin, than tiat the praver of
he nmnt ialists should not he gi anted ; mn
it seems that the .oinit Coniittee oft both
looses cani to the same con:iin, is they
un animoiusly repmted again-t it; and I re.
member distincdy, that, the report of the
l ionse Comiiiiii tteu was un.ailimilv sstain.
Od by that hodv. The City 'Council of Au
gusta were thero also as pu.1110er praymg -
the Legi-lature to re-gi nit ite Chartr to
th'im, u. bhich was reprtel upon f.-vraly by
the Conuiittve. And ll n :uienuldmeni to t he
geierd it.:il Billi, grainting 'ne ftanschi-ue to
tne City Council of AniguSt, was pa.Vd
through the liause ukaiiit a dk: oi' in'
voice, bit ws mu sken st i me ese, by
a votc of 10 to I0. I h;ve b'ten thus par
tienulir in gil:ig the hi-tle y ofth.- :ction of
tLO L--gi-iuie :-%! this subjet, that the
pullde.ulay be p:it ii posewin of all the
~acts conecut'dC'.i theru'.. filh, and lie the h-vtt-r
ena;ibled t1 fori a correct juidgient. At the
last .-ion of the Li.;iture !desirm s.::.
& KN KI:U:oV IprhiuedIi a1g:in as pt"''iniirs,
md the;r i.moiii al wa refeiid to thie up.
proprimito Commnittee, but wvas not reprt,1[1d
ipi p by the liise Colr.mtniie ; conseqliuit
Jy;the til was not aiisedl tipon by that body,
until the ee Road Bill was retujr:iwd
fmn the Senate, ai was taken ni fir a
third readinsg, at a laite hour (if the night,
when nearly hIlf of the .'lmbers we're al
ent. 1:;i!er all t- c fiavor l-1e circu-ti
.staier-s, it nily pssed by a miijoity ouf five.
the vote .taJing 31 to 31. In the disens
%ion which sprnog up fin this Bill, I took the
poitiiin, that the Legisiature shi-Id newer,
under :iny circumsitanees, grant a franchi.
uless it was for the public henlit: that :he
parties- apin ig for siuch grant. hiIiud shoiw
to the Leg-'i-lh uire thait thr-y would fur ni
he publi. with a safeIr, cih'.'ner anil more
conveniient pa :nssage.u cross the river thu:m -,t
present exists, uinch position was nt con
troveted. Did these parities maike any su1b
hwig ? Thley certaily diid not to rni
saLtsfaction, and irediered that thuey would
not furnzi Ah a safer, cheaper, or nmnre conve.
nient pasrage across thu tiver, hut that all
pesn crossing uipoin the Auigusta Bidug,
would be required to pay more than they did
Ilow has the prediction been veirifiedl?
Let all those citizens of this State who hav'.e
beenu in the habit of selling ltumbeur and other
marketable produce in the City of Angusta,1
answer the question -and the answ'.er will
sustain me in the fldlowiing statement. Re-~
fore this Act of our .Legislatnre, lumber and
wood wagons were only required to pay fity
cents pier load, for the privilegeu of passing~
over t he Augusta Brid ge, in which Cnty t hey
found a nun ket aund readly sale foir their varii
ous comnmodities ; but now it costs a dlollar
and ten cents, pe lnad; sixty cents bieing
required at this end of the Brdg, and fifty
cents at the other ; and, let it lbe observeid,
that notwithstanding so much has been said
about the illiberazlity of the City, Council of
Augusta, they charge tenl cents more, per
wagon load, at the Carolina end of the
Bridge, thaui is charged at the Georgia end.
By this odious tax upon wood, an immense
revenue is cut offir:)m tihe citizens of this
Distriet: a revenue amounlting to at least
thirty thousand dollars annltually, tile greater
part of w.'hich is broug'it fromi the City of
Augnsta, and distributed ::m.ongv the people
of this District. . Th'. heeis the lumber
trade, whi:ch i .. ,.,i mpotanOO to many
of th: c itizern. c. I. 1i, as well as those
ofi tL: Dis ic , ".M h- re entirely dlependent
I: h Br>.i-. ~s a highway, over which
* :rmp. t r luraber to mrket. I will
m.*d wni round numbers, the soIm of mo1
ny r-nig to the citizens of this Stato from
fire. -n'od, lumbe~r and other marketablo pro.
ductions, at $103,000annually: all of whic-h
mu t o t to r cit-mus. unless ther sub
mlit to oule tuils. In fmet, muoy artie
of pIolice arC taxed to pruhibition.
The Town .,f iamburg is also injured to
a verv conbd'rabitie e-teiit, by thi.s Act; for
(i). j! (1ou cfiizns woli founid a ready cash
; t over the river, for the varions com
woelieits which the'v had for sah.', were inl thu
halitt Uf puliaing their supplieS in Ham).
huir. thereby makiing Auugl pay tribute
to 111ithurg. It is, perhiaps, niot genetrrally
fimwn, jihat three thousnid hoiles of Cotton
wetre netnally " draved " across the river,
the past Year, and stored in Hiamburg. Thia
was Cotton belonigiig to Carolina Planters,
who shipped it by way of the Canal to An.
gust:, but prefering the Hamburg marker.
were willing to pay twenty-fivo cents per
Ile, to reach their favorite market ; but I
am authorized to say, that the4y now have to
pay ifty.cents per hile, and the consequenea
is. that all this Cotton will be driven from
(Mrown Town. and our citizens deprived of
:ai important privilege-that of trading where
they please.
What becomes or those cherished Free
Tr::de principles, in the inaintenance of which
South Carolina once threatened to dissolve
thu U nion, and imbrue lier hand in her broth
er's blood ? Are these principles ahout To
he abandoned ? Or are they only to lie a&.
sorted wheni our intercourse with foreign ni
tions is the least trainimelled ? uid repudiated
and ig:ored wheun it is propoied to shackle
our tidie and tndllic witi IL neighboig
City ! L the Congress of the United States
hns wit the constitutional power to tax one
purtim of the States for the benefit of.the
others, then I cuntend, that the Legislature
l.,f a State las not the ritht, either legai or
moral, to Lax a lirge portion of her citizens,
for the private betictilt of two individuals. If
the CoIgre.s of the United States has not
11e power to paOss prohibitory tariff la s, by
whicha the inile betveen this iand foreign Hi
tionis is to be materially affeeted, thenl I con.
ten.d, that the Legislature of a State has not
tIho right to talx, to proihibition, the productA
oft her citizens, when they wikh to trade with
it City of a siztrr State. But vet the facts
dio show thatt tiis hits beeni done by the Lug
ilaure uit' South Cnrolini. And fur wha 1t,
le.t me as:k, must this great public bacrifice
e miae
It it said Ilit thi rights of the StatA ara
udrieigivid. I ow? In wlhait wIy ? Is she
:.1IoLt to be de-poile of he.r ten itory I iy
w hom ? [3y the City Cwn :it of A 'gt'tn !
What aI -2tai ding nnneeen A .ingh!k
City ii the Stte of Georgiia ia ahont to de.
AlEd the Statt ot iouth (i'rohina ,f an i
o, tai part of her territory "! This iiO
iter 'm (1:1 cantdUl argumtelt, in which.
i mist coin"is, i c:tin't see, any fuce. Dt -
ring the iOf 185Z, the Legihiture it f
thi :State passed a series of Resolutions, i, -
anet iLng t1e overnur, ili COlixlne\it wg:"
the A ttLriey Geieral, to openi a corrnpJ'Oa
ncev L ith Ohe Goveriinr of (Georgia, up o
hik quw.eition of bmidary : anl :lIso p-led;
ii athe State to butain thm it lily iction
fl, m1ight !binkt propper to takev. Goverrnor
Maill his 1:Iht annual1 Mesange, upe-1
he following languapg: " I perevive by the
L.ite Es:;o ol li.s L celley Goverm-lr
Coun, that he recommeins to the Logisla
tor'e of Gogia, to submelit the qjuestion of
bomuli!ary 1 i-etn ti" t't;ates, for tinal yettlo
m.-lit, to [lhe Su1premel Cur oil(f the Uniitoid
:tates, in (ompliancle with a proposition from
te Attorney General of this Mtate. I sg
re*st to yoE the propriety of assentiing to such
a referen~ce as the miost compl~iE'te modo by'
wichi a rinal settlement Elf this question cant
Now, it really seemsq to mie, that aft.'r R'
:hs had passed between'i the LwEo Statei, it
was iimpolitic,'to say the leaist, Lto tako any
stp that might have the app, earrance of ras~h
ness5, and therebyv prejninol our own cauise.
lut thlel nigain, the interest of' the public,
muiist be snerifieed l)beenuSe, as5 it is alieged,.
Messrs. JONVs & I1:sst~o, had " out of
their not abiuundan t meaniis adinricedl to [Ilex
ar Sntl:rtz mloineys to a lar'ge amount."
'hen, I ask, wAhyV ini the name11 of commlionl
betwen the e-editors of lina~r StvrLrz ?
Liik at thme wiidow. and orphans who have
benm maide pennyless by the nets of this IEN
urv SutIrTz-why should not the State con
sieir their claims also ? A rid ifit were deemeid
nees-iry to payV SuTtr'si diebts, in consid
rationm of his~ distiniguishied piublic services.
whyv shouild not the Leogi.-atur'e have nmad.
an aippropr:iation for that purpo~ee, aind h.t
thec pLele (of the wholde State he taxed to
raise the niecessary; sum ;rand give the invi
tationi, without distinction, to aill te creditors~
Ef Sur'rs' to coime forward with their
claims, duly attested, and receive their pay i
in my humbihl judgment, such a course
would have been less obijectionatble than that
wh'ich has been pursued.
Now, Mr. EmIron, one word more and I
stall have dotne. T[hot the Honorable Mem
ers who sapported this measure were actu
ated by pure and disitnterested motives, f
have no doubt. Far be it fiom me to im
pugn any man's motives; but, ini my owni
bh~faf, I must be allowed to say, that with'
al these facts in my possession1, andi with
the viewvs which I entertain upon this sub,.
jet, had I not acted as I did, I should hove
beet, in my viewv, gnilty of a reckless idisre
gard of those considerationis of sound policy',
of common justice, and of the general we!.
fare, by which I have beetn actuated as otne
of the Representatives of Edgefield District.
A. 3. H A.DON D,
7Mbreryn l'; 165,4.

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