Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-28


until the sicorn Judges of the Court OF
Appeals of the State ofeMaryland, deci-
ded the right in favor of the Canal.
The Reports alluded to in the CON-
mencement of this article, and the ac-
companying resolutions, We are reluc-
family compelled to consider utterly un.
worthy the dignity and magnanimity OF
our sister State. We trust there is too
much Justice and good sense in her Leg
islature to countenance them. The en-
aetment of the laws recommended by
them, must inevitably be deemed by the
world violation of pledged public faith.
We repeat our ardent and earnest hope,
that these selfish propositions may be in
dignantly rejected. FIVE were impelled
by no other motive, we would adjure the
State, for her own sake, by our feelings
of attachment to her, not to taste these
gilded pills. If this hope fails, and JUS
tice is akinto law, the extravagant claims
of the Railroad Company, backed by
the Maryland Legislature, must fail to
be recognized in her courts: but if re-
cognized even there, it will be acase for
the jurisdiction of the Supreme Court of
the United States, and if Maryland catch
not in the mean while the spirit of null.
fication, she must abide the rejection of
her claims by that tribunal.
We should be glad to give to our rea-
ders both these reports at length, but the
limits of our journal will not admit them.
In order however that the claims set up
by the Rail Road may be fully and fair
ly understood, we subjoin the resolutions
reported on the subject to the House of
Delegates, by their Committee on Inter-
nal Improvements.
From the Baltimore Gazettel
RESOLUTIONS submitted by the Pm
mittee, and referred to an their Report.
Resolred by the General assembly Of Mary
land, That the Governor be and he is hereby
authorized and empowered to appoint some
suitable and competent person to examine
whether on the fifth day of July next, one
hundred miles Of the Chesapeake and Ohio
Canal with the adequate locks and incidental
Improvements be completed & in fit order for
navigation; and if the same shall not then be
found so completed, the Governor shall cause
notice thereof to be given to the Attorney Gen.
eral whose duty il shall be thereupon toinsti
tute the proper process in order that the Char
ter OF the Chesapeake and Ohio Canal Com
pany may be adjudged and declared to be
null and void.
Resolced, That the Governor be and he is
hereby authorised and empowered to appoint
some suitable person to examine into and
collect testimony whereby il may be ascer-
tanned whether there have been infractions of
their charter on the part Of the Chesapeake
and Ohio Canal Company-and that such
person be empowered, if the facts disclosed be
such as to vitIate The charter, to co operate
with the Attorney General in bringing the
same for adjudication, forthwith before the
proper tribunals.
Resotped, That upon the institution Of pro-
cess under and by virtue of both or either OF
the foregoing resolutions and notice thereof
TO him, the Treasurer Of the Western Shore
be and he Is hereby directed to withhold pay
me of of the residue ofthe money remaining
unpa'd on account of the States subscription
to the stock of the Chesapeake and Ohio Ca
nal Company.
Resoipetts That if on or before the first day
of April next, the Chesapeake and Ohio Ca
nal Company shall, by its solemn corporate
act, certify 10 the Governor its consent that
the Baltimore and Ohio Rail Road Company
shall construct th cir road from the Point of
Rocks TO Harper's Ferry upon the land side
of their Canal to the State of Virginia, upon
the following terms and conditions, to wit.
Ist That the Rail Road Company shall be
allowed to hold aud occupy fifteen feet of
the breadth ofthe Canaias at present located
on the land side thereof, at all the narrow
and difficult passes and between the Point Of
Rocks and Harper's Ferry, not exceeding al
together two miles and one tenth in length
Cd. That for the purpose of obtaining suit
able and proper curves for the Rail Road,
the Canal its tow paths and walls shall be
removed further from the bill, if such remov
al shall be found necessary, and the Rail
Road shall be allowed to pass by a viaduct
across the said Canal at Harper's Ferry.
Sd. That in those parts of the Canal in
which its width shall be thus contracted, the
partition wall shall be thus constructed by
and at the expense of the Baltimore and O.
hio Rail Road Company, and also wall on
the corresponding portions of the side of the
Canal next the tow path, with slope of one
foot horizontal to four feet vertical.
4th. That should any portion Of the tow
path and wall Of the Canal be removed in
pursuance of these articles, such removal
and the reconstruction thereof shall be made