Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-11-27
WHOLE NO. IFS.

this side of the line, under charters from her
glsiature-that the last named Comnanv
were sued by creditor, in an action at law
and after judgment, an Execution was levied
on that section of its Roada, running through
the County of Northampton, sale and nnr-
chase took place by virtue thereof, and the
Supreme Court affirmed the same, 10 the ex-
tent of comforting on the purchaser the legal
title in the land and fixtures of the Road, but
not the franchise of transporting thereon
In this condition, the acquisition was of so
little value or utility, that the advantages of
the Road would, in all probability, have been
continued to the public by the reunion of the
estate and franchise, but for the action of the
Petersburg Company. That Company enter
ed into covenant with the purchaser of the
estate, to pay in instalments 100000, for pre-
venting transportation, over the section, of
which the title was in him, with a stipulation
that the later payments should cease, whenev-
er that part of the Road should again be hro't
into use. In other words, the Petersburg
Company, in effect. bought from him the dis.
use of the Portsmouth Road. and paid him a
consideration for Withholding from the public
the conveniences for which the Legislature
had authorized its construction. The right of
the Individual party to this agreement. thus to
dispose of his interest, under decision Of the
Court, is not denied and had the other con-
tracing party been natural person, it would
never have been questioned, however great
might be the inconvenience of the loss OF the
Road. But in my view. a corporation. the
mere creature of the Law, must look TO its
charter, for privileges not for restrictions: what
is not authorized to it, is denied; and by con-
sequence, the Petersburg Rail Roal Company,
permitted by its charter only, to construct q
Road from that Town to its Southern termi-
nus, and to transport the same, had no right
either to participate in the profits of Transport
tation on the Portsmouth Road, or to suppress
transportation thereon. Regarding this con-
tract as designed for the destruction of the
Portsmouth Road, to the end that the other
might have monopoly of the business done
by both, and as such public injury and trans
erosion of its own corporate rights by the
Petersburg Company, and perceiving that that
Company had made no reports TO the Legisla-
ture of this State, of its operations within our
limits, as was expressly required to be period
ically done, by the Act of its creation, drec-
ted the Attorney General to file an Information
against them in the Supreme Court, & require
them to show cause why their charter should
not be declared forfeited At the last Term OF
that Court, Judgment was rendered in this case
for the defendant. The opinion announcing
this decision is accessible to you, and to it,
you are referred, to determine whether any
new process shall be instituted in the premises,
or whether any new Legislation be needed, to
prevent mischiefs in like cases for the future
It was while this Information was pending
that the General Assembly of Virginia, made
their "enactment,' in which it is plainly in
tmatel that if contrary decision from that ar
rivel at by the Court should be made, and this
corporation Should be deprived of any of its
privileges, now enjoyed under our law, by
reason of any neglect of duty, or by any
transgress on whatever, it should be retaliated
with the loss of the Portsmouth Road also
This State had ma lie herself no party in the
rivalries of these Companies, but authorized
the construction of both Roads, to procure the
advantage of two highways for market ant
travel, expecting to her people, of course, the
fruits of fair emulation between them. But
in. the dispensation of her Justice, whether
among corporations or individuals, and in the
exaction of the homage due to her laws, il
her own territory, no influences from abroad
can be permitted to interfere. Not to remark
on the departure from comfy, implied in gra
tuitously assembly assuming, that North Caro-
lima desired to possess one of their Roads, anC
proc aiming by pubic advertisement, that she
should be excluded from the biddings, though
part of it was in her limits and existed by he
leave, while the same Statute appoints agent;
to attend and bid for Virginia; and ON the de
nunciation; that if, for violations of our law
ascertained and adjudged by our highest Ju
dical Tribunal, in proceeding then before it
the Company owning the other Road should
be deprived of any of the privileges and advan
tages granted to it by this State, then the use
of both should be lost. This Act of the Gen
eral Assembly of Virginia indicates presump
ton on her part, of dependence by US, upor
her; for markets and the means of reaching
them, which requires an examination OF th'
relations between us. In that point of view
it calls for 4 minute revision ct the charters
heretofore so literally granted for the promo
ton of trade to her towns from this State, al
investigation of the fulfment of them by
those to whom they have been granted, and
if necessasy, the provision of new guards TO
the security of the advantages, to us, which
they were designed TO procure. 1t also sug
gests the necessity of improvements of on
own, which shall break any such dependence
jwhere it may exist, }. as far as possible, ant
place the State in posture, at all times, t.
vindicate the public justice, (as must needs b
done at any sacrifice,) without any apprehen
sion OF less or inconvenience from privilege
granted, being withdrawn by neighborlnl
State
A Rail Road from Raleigh to Fayettevill
| would be an important work in such system
of Improvement 1t would at once rende
available the existing 81 miles of road in con
centrating the trade of the country betwee
Raleigh and the Roanoke, on the navigabl
waters of Cape Fear river, if an equally goo
market should be found there, and render u
independent of that less liberal spirit an
policy on the part of Virginia, which perva lie
the Statute on which | have been commenting
It is therefore recommended that this Road b
encouraged, by the grant of a liberal charte
and by any other aid that the Legislature ma
deem expedient.
There has been much discussion recently
regard to an extension of both Of the existin
Rail Roals of this State, to junction wit
those of South Carolina. | woull greatl
prefer a Road from Fayetteville TO SaiisbuI
or Charlotte, and thence penetrating Soul
Carolina towards Cam len, to either of tt
connexions proposed. But snce the State
not in possession of means for the constru
ton of such work, and the individuals WI
may be disposed to patronize it prefer Il
more direct lines, so as rather to compete f
travel, than to afford facilities for commer
and agriculture, | perceive no objection
| granting charters to the patrons of the pr
lectei works, both from Wilmington and ia
! etteyille to South Carolina, leaving to fHidlvl
/ nal enterprise to determine the success