Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-02-01

MISCELLANEOUS.
TO TIE PUBLIC.
II is with extreme reluctance intrude my private
affairs before you but have lately been The SUBJECT
SO much misrepresentation and abuse tnet justice
myself and friends mpes me to 90 so.
In what have often ed@ lsit, that purchaseu' ""
der execution, at public sale, portion OF the for's
mouth and Roanoke Railroad, and having rece''eo
from the Sheriff deed for II, PROCEEDED 10 e@e'c'ee
the right of property over R THIS IS my oHehce, ho
thing and for tins, when seVefai
have characterized as "ihe most nhuman ana crosses
outrage" ever perpe,ra!ed, made TO appear oe'o,e
you regret that Editors can be found ready anu VIZ
ling 10 make and endorse statements injurious u 'e
character of ind!vduo without giving themselves
the trouble to inquire whether they De true or not
Could any one have believed that purchase al
nublc sale would have called forth much vindc'IVe
abuse. Was there any thing which ioreshaoo"eu ~
if so was that the President OF the rond the senes
man who has played so distinguished part IN %s'ts
uo this excitement, himself bidder at t"e sae
and even proposed 10 me JOIN him IN The purchase
Could have foreknown, that while ANXIOUS 10 ouy' "
TO Join me in the purchase he stIll regaroeu tue 81" "
,llepaL and intended 10 call ID his AID an areo moo W
denriye me of my property Surely not, ana as ie's
could foresee that hue and cry was TO be rai'ed
AGAINST me for buying the property OF
Was it ever before held improper, that an 'ho''"ae
should purchase the property OF corpora'on.-n So
in what consists the improprley is mere any '"'"e
in such purchase which ustes corporation IN de-
famine by its helug agents the character OF the puF-
chaser and Wrestling from him, with an armed mon oil
djsordery and irresponsible PERSONS Inc properly p"
chased, If there be- hencelorward no one VIII dare 20
attend the sale of operation, bid Tor their proper
~ and Judgment against them becomes al once dc az
letter.
Briefly then, as can, will now state the c'rcn'n-
stances which have given rise to so many comments
and with view a correct history OF this case, must
90 back period anterior to my purchase Vi the cia
under which the road was sold.
Col. Clements Rochelle, Of the county of Souhamp-
ton Ninynin was tue CONTRACTOR, aud built tho Weldon
bridge over the Roanoke river, by which connex'on
was formed between the Portsmouth and Roanoke and
the Wilmington and Raleigh Railroads he was, SUB
sequeny appointed asuPerintcnde OF The PORTSMOUTH
Road and addition to that furnished timber Tor the
road and hired hands to the company, until 1t was very
largely indebted to him.
On their promises 10 paw him. from year to year, he
extended his credit, 10 sustain the company Ills
creditors, at length commenced pressing nun Tor pay
ment, and finding, that the promises OF the company
longer to be relied on-iaat they mac ca"seu
him TO make promises TO his creditors, which he coulo
not comply with and that, by failing to pay ne was
affecting seriously his credit-he determined 10
look out for some mode by which he could recover, al
law, the amount they owed HIM
That mode Of recovery, however, was CONSIDERED
hopeless one az the State OF Virginia had loaned The
Company $3.50, 900, and taken mortgage, as was sup
posed, on the whole of its property
Under these gloomy Appearances ne employed cou"'
sci 10 examine the matter, and endeavor 10 aHe 'i'
money Suit was instituted against the company, ~
the county Of Halifax, North Carolina, and IN The
month of November, 1912, judgment was rendered
against them About this time, his counse discoveries
on examining the records of the Offices, containing t'
n.ners. in the counties of Northampton and HALIFAX
North Carolina that there had been omission, on I'M
mar, of the Board Of Public Works of Virginia. t" tak
the proper steps to bind, by mortgage inc property
the Rail Road Company situated IN that State.
The statutes of North Carolina require "reg'sfauon
&c ali conveyances in the counties where the property
conveyed is situated, before it shall have precedence
over the claims of others This Judgment then, unde
which the road was sold obtained before any othe
Judgment, and prior TO the registration OF oeeo
any kind on the property levied on.
II ia due 10 the Board of Public Works ut Virgin
TO saw that they not responsible Tor this OMISSION
which proves fatal to their claim, on the properly whc
ho, been cold under execution. They, the Board o
Public Works, proceeded, under the act of the Lsgs
l.sue making the loan and instructed by to re
cord the mortgage in the county of Norfolk only
which they did, obeying literally, the terms OF the law
The loss them if any shall arise TO this State, b,
falling to comply with the requirement of the statute
Of sister State, must rest on the Legislature, and no
its Executive officers.
Soon after the Judgment 10 which have al uded, wa
obtained Colonel Rochelle sold the whole of his claim
on the company, amounting TO something like ,00C
10 Messrs. French and Maget. They caused an exc
cuton to ISSUE and the sheriff Of Northampton levie
on and sold all that portion of the Weldon bridge, STU
ated in the county Of Northampton being nearly tn
whole of it.
1t was sold in the month of January, 1873 snhjec
to lien held by the d ,ari of la:e.nal improvement
of North Carolina, amounting TO something luxe So
600, and bought by the said French and Nlage
at the sum Of $4,000 There yet remained large
amount due on the judgment, and they ordered out
dstringas, in which the sheriff of Northampton wa
required to levy all the property of the comPan
found within The limits of his county.
The sheriff represents that he wished u serve In
execution but owing to the rapidity with which Tit
locomotives move, he could not catch them that
finding he had an execution in his hands, althoug
they had two depots within his jurisdiction, they wou
not stop when he about-but did, until he return
ed the execution, from The Virginia line to Wei
don, (Which was out of his jurisdction,) without TAX
ing time to get either wood wafer If they saw him
Col Rochelle was again warmly enlisted in favor OF
the preservation of the road from being told by The
President that if he would get the claims back iron
Messrs French and Maget, the company would pal
him. but not them. He was so credulns as to believ
they would do SO; and the 10th of May, lSI3, he
re-purchased from Messrs. French and Maget th.
claims transferred by him to them against the compa
ny. The month of August came, and though peroe
of four months had in,ervened he had been paie
any thing but the contrary, was pressed and com
PEELED to pay large amount to the Banks in Norfolk
on bonds loaned by him TO the company, to be usee
collateral security for the payment OF money Dor
rowed of the Banks by The company.
Under such circumstances Col. Rochelle was mncl
excited, and came to my residence in SUSSEX, aud re
questsd to accompany him to Petersburg, for tn
purpose of seeing the Board Of Directors Of the Peters
burg and Roanoke Railroad company hoping to sell hi
claims to them. | accompanied him, and requested
the President TO call meeting of the Directors, that
might have opportunity of introducing him, AM
advising the Directors TO buy his claims The meet
ing was called, and went before them Colone
Rochelle proposed to them to buy him out-stating
that if they would, the road should be sold and he
would take himself the responsibility of taking thu
superstructure and removing it to Garysburs advised
them to do t-but they refused-saying they would
have no hand in putting down rival improvement :