The North-Carolina standard., 1844-01-17

To Messrs. A. B. Stth, ". J. Clark, ]. Mordeeai, W.
! H. Jones, W. H. Holouan, aud w. w. Holden.
PORTSMOUTH ROAD Gnd CAPT. RIVES.,
The facts in this matter, it appears, are briefly
these, We copy from the Register of yesterday:
''In 1872 Rochelle & Smith obtained judgment a
ganst the Portsmouth and Roanoke Rail Road Company,
the Superior Court of Halifax, for about $40 O0O Un
der execution this judgment the Bridge belonging
to the Company at Weldon sold for about $40 900;
under another execution the road including the soil
and supersructure lying IN Northampton County, was
Sold Francis E. Rives, Esq of Sussex County, Virgin
la having for a valuable consideration become the
sgnee of the bids and having obtained the SheTis deed
consulted with several of the most eminent counsel in
Virginia to the rights he had acquired by the purchase.
and the Sherifs conveyance He was advised, that he
had undoubtedly become the proprietor Of the entire
perstructure including the rails, iron, c and not be-
ing able to make with the Company mutually satisfac
tory arrangement respecting his claim, he the 9Th Of
month"; took some hands and proceeded to remove
certain portions Of the rails and iron forming the super
structure; 10 make breach in the track and stop
the running of the cars He was thereunon arrested b3
warrant and brought before Justice Of the Peace OF
Northampton, charged with a misdemeanor, and by the
Justice he required to enter into recognizance him
self IN $50 900 and suretics in like sum, conditional
for his appearance at Northampton Superior Conrt, and
secondly, that he should in the meantime abstain from
running the superstrucure of the road This recognz
Mr.. Rives refused to give aud hereupon
mtted to the custody of the Sheriff. 1t being very de-
srabe we'll TO Mr.. Rives to the Company, that the
question of right should be at decided, the Sheriff
brought that gentleman to this place, when applica-
ton was made to the Chief JUSTICE for habeas corpus,
assigning three for his interference rst that
removing the rails and iron, he had only exercised a
right, and ought not to have been arrested at ALL Sc
condy, that the amount of bail required excessive
and thirdly that the condition of the required recognize
\ ance unprecedented aud illegal The writ was
granted returned before the three Judges and argned by
counsel. After conference between the Judges the
Chief Justice announced that the question of right the
part Of Mr. Rves, of much importance and diff
Guilty, that they unwilling decide this app
cation, and preferred that it should b. brought before
them Court, in regular fohn, and that they shoud
therefore bind MIR. Rves in the of $4,000 with
suretIes IN like sum which was accordingly done"
We understand Capt Rives made statement
In the presence Of the Supreme Court, in which he
completely exonerhcd the Petersburg Company
from the charge that they had advised or allotted
him in his efforts to obtain his rights. The Ports
mouth Company owed him money, and they
oughtto have paid it; and if corporations are to
be permitted to override private rights, we, for one,
should like TO the constitutional or legal power
they have for doing it. We'copy from the Pc,
tersburg Republican the following remarks, with
the additional remark, that the conduct of the Old
Dominion and the Norfolk Beacon in this matter
cannot be too severely ceRsured.
"The Portsmouth Railroad Company were in
debted to Mr.. c. Rochelle, of SoutIlam p,on, one
of their owH agents, some Thirty THousandl
Dollars This gentleman, after years Of incffec-l
ttIal attempts to induce them to paw him. caused
the whole of their railroad in North Carolina to
be sold by the Sheriff under certain judgments
which he had against them. Capt. Rives was
the purchaser of this property-ho paid his mo- |
ney, and the Sheriff made the deeds out to him j
After. he made this purchase, he gave the Com
pany formal notice Of it. and at the same time of
tered to make an arrangement with them where-j
by they could use it. To show how reasonablel
the arrangement that he proposed was, it is onEy1
necessary to state that he informed them that as
they had, in former times, carried passengers be9
tween Gary's and Weldon-two miles and a quar-!
ter-and charged fifty cents each, and finally
found they could not afford to carry them under
seventy-fVe cents, he would charge them one dol.
lar per passenger for the use of his seventeen
miles of railroad. This they refused, DENYING at
the same time that he had any title to the Propetz
ty. He then made them an offer that if they
would pay the amount of the recognised claims he +
held against them, he would restore the propertVf
to them This they declined. He then gave
them notice to stop running on his road .Ofthist
they took no notice, but continued to run, and left
him no alternative but to stop them. The onivf
way he could do this was to take up part of tbaF
railroad. 1t is proper to remark here that he
did this not only with the opinion of the most
eminent counsel in Virginia and North Carolina,
but OF the most eminent in the United States. as
suring him of his perfect fight to do so.
Capt Rives has, therefore, proceeded legally
this gross outrage" as It Is called, was done ac
cording to law. But how did the Portsmouth
Company act in this matter2 One would think
that they would at least have proposed some ar.
rangement to pay the debt,-but This appeared to
be the farthest from their Thoughts They brought
armed men up from Portsmouth-several hun.
dred we Iearn-to take the property from Capt
R'ves by force: This they could easily do, as
they were many, and he was but single indiyi. [
dual but not content with this they brought
Magistrates from distant part of the county,
Zone OF whom, we learn, was an agent of the
Company and arrested him, requiring him to
give bail in the small sum of One Hundred and
Fifty Thousand Dollars.
For this attempt of Capt. Rives to assert his lust
rights, he is visited with all kinds of denunciation
is driven from his property by an armed force and
finally taken into custody 1t will appear from
this, that the violent and lawess conduct has all
been on the other side but we are greatly mis-.
taken in the people of the good old North State
il they will countenance such proeeedinrs or al Z