Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-02-01
cos,oRb, Jan'y 9Th, lsa9.

: g., hershv Give YOU notice that tho Portsmouth,
md Roanoke Railroad Company wiz fesis' WIN
any further illegal atemit on your pa'. ~ ~ ind,
ihc;r property precisely in the same way .et ."
vduai would repe! any
and Homestead ,,r1.asant copse-
ouencrs that may snsue from Tue e"e' "
raj right TO project their roau.
i0u''' WALTER GWYNN,
PrestP. Il K r. Co.
To said il was no secret and called on the genlle.
men who were present 10 take hol'ce .,'. - ne
ah notice conversation ensueu, IN which "
cupied the ground taken III my ie' "
which vii! be found below J.. ,o,e
Major Gwynn wro!e some et'eIs' OF i"'i'e' =" -,
something and retired from The tavern aoou. '"u d
the next day, Uhe S'h OF 'a"'I
rested BY the sheriff. , r,uo,n I w,lted out
RI and discovered some or hlteen men on tne '1a'
walking up and down wen. 70 mn a"u o
coyerinp that some of them were afmeu WIN gun,
:;S mai was the strength Of The company, ana
g., what puroose they had Gomez They SAID, 'h'hA
,be.e about fifteen there, and twenty on the
little lower down, but tney couio: no' ven a,i
,hat ,bev had come for'" then employed gen''e
W. - IN in haste 10 Weldon with nois TO Captain
S;Il,non rconest.ne him TO come with an engine, a.
p;hd h,,n n return Immediately to Petersburg anu
for This service expected and was wiling II pay Tue
n,;cs CHARGED prepared basty note before the en-.
p;ns came informing my friends OF the threat tha'
s'ne cane, and repnrdlees of it. would prosecute
NV nurpose and remove the IRON at all hazards Gap.
Spillman came very promptly 10 my ASSISTANT" ~
after getting my letter, fastened 10 petersburg. ue"
commenced NEAR two o'cock IN the morningO my a"
swsr in writing which had promised to give to Ma
ior Gwvnns Of the 9Th, which was received as ABOVE
Stated, about II o'clock the same n'ght. 49,.
| will, writing | was informed that the men VINO
had come from Portsmouth had been engaged 10 W
setting the Locomotive had hired; and as the MAJOR
hands did not work kindly, he had gone to Weldoh LOT
additional force. then retired to bed, ana on i's"s
in the morning found that the Engine had been thrown
from lis POSITION and the cars which had put on ne
road Tor the purpose of bringing up the IRON 10 De con-
yevsd to market had been thrown from the road, ano
the forces had retired. The letter which had com
nenc-d the night benre, in answer to MAJOR wynn 5,
was then finished and held IN readiness Tor MS arr'a
al Garvsburg. This letter, and his notice 10 me- were
made part of the proceedings, anu can oe see" ao"s
the papers flsd.
rficre follows letter from Mr.. Rives 10 MaJor
Gwynn, President Of the Company
In The course of the day, by the return OF the IRAN
which had sent to Petersburg, and in winch thirteen
friends generously came 10 my AID, ana before the
throwing the Engine from the road could have been
known in Petersburg, received the following letter
from the President of the Petersburg Company.
FIN this letter, Mr. Bird, President of the Peters
burg Company, requires an immediate return Oh the"
| locomotive and cars
| While engaged with my hands, attended by lew
friends, in taking up The superstructure, was ap-
preached by The sheriff, and heng told by nm that
he had warrant for my arrest went up 10 num- TOOK
him by the hand, and assured him there was no osPo
siton 10 resist his authority fer looked to the laws oil
North Carolina for protection the enjoyment OF my
rights. +,
Being arrested, and held to bail in large sum,
refused TO give it, intending TO petition Tor VIII o.
habsaS corpaS but through the courtesy OF Inc couh-
sci for the road permitted TO go al once " na-
leigh, where the Chief Justice of the Supreme Court
awarded the writ, and with my case went before MN
and his assocne Judges who at his request were pre-
sent. odvised that the bail was excessive anu
would be dnced, and also hoped, that under ,he
peculiar circumstances Of the case, the court mght m
oure into The rights of property But II did not, under
the writ feel justified in dong So aud merely REDUCED
the amount of bail from $4,000, to penalty OF So'oo"'
requiring to appear at the next Superior Court io'
Northampton county, to answer any complaint "'e
State might have against me-
In the wholesale abuse with which have been WIS.,
ted nv the friends of this corporation, 1t IS charged up
on me- that hostility ID this road ndaced me 10 pu-
chase-that might destroy it Such IS not the case.
Since its establishment have had no ieeitns Oh .-e
subject 1t is true opposed its chartef-oecnuse 'he
LEGISLATURE having previously chartered the petersburg
Company thereby induced many persons 10 inVest tne
ca pta in it, did not think II was acting IN eooo 'a'.h
to them, to lay rival improvement along sce OF H.
when did moi believe there sufficient business 10
support both roads regret that experience has pro-
we'd the correctness of my views
At this time when there is great clamor against
| not be omss 10 esiiinap lhe SUN
by nv influence and vot, endeavorcd to save TO Vr-
gInia and for which bitterly denounced by the
Norfolk papers as | am The sum lonned 10 THIS
company bv the State is Sl50.0O0 add the interest now
due $40 900, and you have the sum OF $40 ooo, ana
6iths of the capita stock being $3.50 b50-a clear
mss 10 the State IL is evident that this road can ne
yer paw dividend to the State or stockholders, ana al
most but drag along precarlous existence, SUP
tracing from other Improvements when, nut Tor IL
would yield handsome revenue 10 the state, o'mih-
I : al, al nacGtfu
And it becomes question worthy OF grave console
ration whether the Legislature of Vg nia should not
proceed at once 10 take action on thus SUBJECT
as to the proper TO be pursued leave u us
wisdom 10 decide.
So far ns am individually concerned regard the
questions between the Portsmouth company and my
self at an end. regard the company cs already DIS
solved by the sale, It's dissolution TO be pronounced oy
the first judicial tribunal which can take cognzance oil
the subject corporation stands dissolved, when an
integral part Of the corporaon gone, without whose
existence the functions Of the corporation cannot he
exercised A portion of their road beng Sold they
cannot do that which in their charter they stipulated
TO do and the land reverng the original propretors,
they are without hello unless through the acton OF the
Legislature of North Carolina.
1t was my intention to publish, in full The opinions
OF Conway Robinson, Esq, of Richmond, and Messrs
May and Joynes John F. May and VIM. T. Joynes)
of Petersburg which given to me during the
month Of December last, in relation ony rights under
the purchase in question But this paper has already
reached snch length, tint am obliged to forego that
intention, and 10 publish only the conclusion at which
they arrived. Both opinions contain full and Ella
borate discussion of The whole subject, and will be
gladly shown t, any person whs may desire to see
them.
These opinions concur substantially in the following
propositions:
l. That The Portsmouth n Roanoke Railroad Com.
pany have only right of way over The soil covered by
the line Of the road, and not any estate IN IT. fee, or
for years.
9 Tha, the property in The soil remains in the ORR
ynal proprietors or those claiming under them, to
whom the right of possession and unqualified dominion
will revert when the soil shall cease 10 be used for the
purposes Of way.
B. That the RICH. of way cannot be transferred 10 a
purchaser and tia, the purchaser in the present case
acquired no estate or interest in The soil.
4. That the purchaser dd acquire iull title to the
iron timber NC, which formed The snperstructure of
the road and might lawfully remove them.
But these opinions were moi all that had in my pos
session. Benamn Watkins Leigh Esq was consult
f ed in relation to Railroad Company, whose charter
ponds precisely with that of the Portsmouth and
RR II. Co, The pc@er ard authority of the Com
pung The land condemned for the line of the road
and contains, as does the charter Of the P. Il R. Co,
IL. A. IF lao,