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 THE CHARLES RIVER BRIDGE CASE noted Boston merchant, and Nymphas Marston, the eminent lawyer of Barnstable, signed a formal protest, filed on the Senate records March 9, 1827.' On March 10, 1827, Governor Levi Lin coln vetoed the bill, which passed over his veto in the House, but was lost in the Senate, 16-12. In his veto, after speaking of the violation of contract and of vested rights caused by the new charter, he thus mentioned the College interests. "Further the obligation to keep up and repair the bridges and pay the College ought not to be continued if they are not to receive tolls. It is not equitable or good faith. "The money pledged to the College must also be paid from the Treasury or lost to science and the faith of the government here again violated."

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the work of private enterprises and responsi bility. To the interest and confidence of private associations we must look for in vestments of funds in the prosecution of valuable and useful objects, and it is only from a firm reliance on the most scrupulous regard to rights under acts of incorporation that they will be encouraged to action. Let distrust of the good faith of the government, nay of its most careful and jealous protection of corporate interests, once be entertained, and there is an end to the labors of associa tions of individuals in great and noble undertakings. The worst policy will be introduced and the greatest prejudice to country suffered."

It is to be recalled that only six months previous, in October, 1826, George Stephenson in England had demonstrated the suc cess of his steam locomotive "The Rocket." A full description of this had appeared for Further, Governor Lincoln, bearing in the first time in the Boston Daily Advertiser, mind that the State was being agitated from November 23, 1826. On November 25 that one end to the other by various schemes for newspaper had stated "These experiments new canals, and that the Commission on constitute a new era in the history of rail Internal Improvement was making a report roads. They prove conclusively that they advocating the construction of the then are adapted in the most perfect manner for novel system of railroads and providing for rapid traveling — whatever power may be surveys from Boston to the Rhode Island used." Earlier, in 1826, the first railwayand New York boundaries, was profoundly corporation was chartered in Massachusetts impressed with the serious effect which this — the "Granite Railway Corporation," a legislative act would have in unsettling the tramroad for horse power from the Quincy confidence of financial men, and dampening quarries to the Neponset River. In the their ardor for embarking in new enterprises. same year New York had chartered the "In one other point of view the bill is Mohawk and Hudson Railroad Company. Undiscouraged by their fourth failure, regarded as unsalutary. Great improve ments of the country have, with us, been the Warren Bridge petitioners appeared with a new bill in the Legislature early in 1 The undersigned, members of the Senate of the Commonwealth of Massachusetts, hereby protest against 1828; and on January 12, 1828, the Charles the enactment of a bill to establish the Warren Bridge River Bridge filed a memorial: "We do here Corporation for the erection of a free, bridge over Charles by most respectfully but earnestly and for River between Boston and Charlestown, for the follow the fifth time demonstrate, etc." A remon ing reasons, viz: strance of the great Middlesex Canal corpora Because the erection of the contemplated bridge in tion was also filed. the manner authorized in and by said bill would destroy Compromise suggestions were made by the the franchise which the proprietors of Charles River Bridge hold under a grant of this Commonwealth having Proprietors of the old bridge to surrender all the force of a contract; and their property to the State at once, for a sum Because the grant contemplated by said bill would be to be fixed by impartial commissioners, or as in violation of the public faith and of the constitutional an alternative o surrender without any pay rights of the proprietors of said Charles River Bridge, ment at the end of eight years. They also and would tend to unsettle the security of private property.