Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1840-01-30

every other citizen who sends an agent alonI
TINS road, is liable to have his business arrest
|, ed by the stopping of his trunk, upon tho
ground mat 1t contains something which the
railroad company do not Choose to convey.
Ii they can stop the trunk of messenger
or agent public or private. On account of its
contents, they can stop the trunk of any other
traveller Tor the same reason. ANY ordinary
traveller Is liable TO be arrested in his journey
oy the arbitrary stoppage of his baggage on
the pretence that there is something with it
which does not belong to him, and which the
railroad company choose to put under their
ban.
Does not this assumption of right to stop
trunk, embrace another right-tRe right cf
! seorch' II the company have right 10 stop
passengers trunk on account of its contents,
can their right to take the necessary stops TO
ascertain what those contents are, be denied
Canl.7t they refuse to carry any trunk unless
It be opened and Its contents shown TO them.
that they may know there is nothing contra
band in it z
On adverting to the charter Of this company.
granted by the State of Maryland, find that
1t contains the following provision as TO tolls
on passengers, viz:
'For the transportation ofpassengers: not
exceeding four cents mile for each passen-
ger and baggage not weighing more than IF
" pounds, or occupying space gilmore than
two cubic feet"
No poweris given them to discriminate be-
tween pubic MGR sr private citizens, between
agents or principals, Offering themselves as
passengers. The company are common car
riers, who are bound to convey all persons Of
iering with their baggage. As to the charac-
ter of the baggage, the law gives them no
right TO see that 1t does not weigh more than
hiiy pounds, or occupy space more than two
cubic feet. Ii there be overweight or over
bulk, they have an undoubted right to refuse
to take II, but ior no other reason. And, in
accordance with this principle, il was proba-
bly, never before heard Of in this country, that
railroad company refused to carry the legal
weight and bulk ofbaggage on account of the
materials which composed it.
In this state Of the law and the facts, cam
not but look the act Of the company in
stopping the trunk referred to, as high
handed assumption OF power, as little iustifa-
bic IN itself IA 1t Is In the motive which die
tated 1t. The company had refused to corr
vey the mails on the terms offered by Con
gross, demanding rate of compensation re
yer heard Of for like service in this country
or any other, being S5O,O00 per annum or
upwards of $500 per mile. Not being au-
OF willing to give this rate of COM
pensation, the Department made arrangements
J
but to keep Up the correspondence between
the North and South with the greatest expe-
aition, was willing to lire special messen-
gers to pass over this road daily to carry the
letter packages, or SO many of them as did not
exceed the weight OF baggage allowed BIZ
law to passengers. This did the company
no harm. On the contrary, it cave them two
additional passengers every day. and brought
them IS per day, equal to 5000 per year.
" nat motive can actuate them in throwing
away this sum in clear profit They are utt-
der no necessity to change their hours TO run
in the night, to cross the :Susquehanna in the
dark, TO do any thing whatever which brings
them loss, danger or inconvenience. What,
then. can be the motive OF this extraordinary
step! ana sorry not TO be able to perceive
any other shan determination top put the pub
i1c to all practicable inconvenience in its let
ter correspondence. with the view Of coerc-
ING Submission 10 their oXcrbitant demand.
1t there be any other motive, il would give nc
pleasure TO know Ii, because il is q reproscit
TO our country and our age. that Institutions
created to serve the public so often assume TO
be It's masters.
IS one whose duty If is to maintain the
rights o.. the public, as connected with one OF
the great Departments the Government,
deem ii Incumbent On ne to vindicate, by all
lawful and constitutional means, the right of
the Government to send special messengers
over this road, with whatever baggage it
chooses to entrust to them, not exceeding fifty
pounds in weight, and not occupying more
than two cubic feet.
Very respectfully,
our obcdent servant,
AMOS KENDALL
IosuvA EAYsAHT. Esq.
! Postmaster, Baltimore.