The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-11-28
NORTH CAROLlNA-CHANCES FOR
OUR RAIL ROAD

and 1t has apparently gone entirely out uf on r
possession. IL it is recovered i, will require the
0ost energetic action-f i, is Lust, those will be
held accountable who have contributed so much
to etfec, roiu. This is not the time TO balance
the account, hut on: minds are viv,dly called To
the law which was passed al the last session Of
the Virginia Legislature, whose whole tendency
we pointed out at the time was TO make an enemy
of North Carolina, who had, before. been our
warm friend. We quote much of Gov. Ora
hams Message refers this subject and we
trust the effort will be speedily made 10 eradicate
all injurious feelings in that State which may be
entertained against MS, fur the stupid Legislation
which permitted such law TO be enacted, as that
authorizing the sale of our Road by the State
The Act Of your last Session for the re.orpani
cation of the Portsmouth and Roanoke Rail Road
Company. by sale of its property, under the au
ihurity ut b"ih States, was mt acceded tn by the
Legislature of Virginia. That hody, however
has made q separate enactment upon the same
subject matter. so navel in some of its provisions
as 10 call for moments notice. IL directs a sale
of all the property and franchises of the Company
in boih States, by the Board of Public Works of
Virginia but provides. that if at the sale, or at
any time thereafter, Of the State of North Carolina
or any Company incorporated by her for purposes
of Internal Improvement, should in any way be.
come The owner of said Rail Road. 1.-The General
Assembly of Virginia reserves the right to revoke
all the powers. privileges and immuni,ies con.
veyed by such sale, and To declare the same null
aud void" Now all this so far as relates to
North Carolina, 10 the knuwn purposes of any
of her citizens. is the mere elfuson of jealous
and hostile spirit, without object meaning
She had neither manifested nor entertained any
wish. To become the proprietor of said Rail Road
Her Board of Internal improvement, II is true,
stood in a situation of creditor uf the COMPANY
Tor moneys lent, but were amply secured by
Mortgage. part of the Rail Road properly,
prior in lieu Of any other. There is another pro-
vision in this act of more significance. Ii declares
IN subsequent section, 80 that i'm case the author
lilies of the State Of North Carolina, shall AT any
time. by legal process otherwise, deprive the
Petersburg Rail Road Company of any of The
privileges and advantages of it's charter obtained
from that State for any act done, or omitted 10
be done, by The said Company, or by any means
whatsoever, prevent the said Company from con-
Quoting their operations on much of their Rail
Road as lies within the State of North Carolina
or any part thereof, by reason of any act hereto
fore done, or omitted to be done by said Company.
then all the right conferred ny that act on the
purchasers Of the Portsmouth and Roanoke Rail
Road, shall cease and he determined, until the
State of North Carolina shall reinstate the Pc
tersburg Rail Road Company in all the privileges
granted them, In the several acts passed for their
benefit by the said State. or until the Legislature
of Virginia shall otherwise direct" To appre
hend the lnll meaning of this clause, it must not
be overlooked, that both The Petersburg and
Portsmouth Rail Roads lies partly in North
Carolina, and their respective Companies exer-
else and enjoy all their rights and privileges On
this side of the line, under charters from her
Legi>lature-that the last named Company were
sued by creditor, in an action al Law, and after
judgment, an Execution was levied on that sec
ton of lis Road. running through The County of
Northampton, sale and purchase took place by
virtue thereof, and the Supreme Court affirmed
the same, TO the extent OF comforting on the pur-
chaser the legal title in the land and fixtures of
the Road, but not the franchise of Transporting
thereon. 10 this condition, the acquisition was of
81 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 Pc
tersburg Company. That Company entered into
covenant with the purchaser Of the estate. TO
pay In instruments 100000, for preventing trans
poriatIon, over the section. of which the title was
In him, win stipulation that the latter payments
should cease, whenever that part of the Road
should again he brought into use. In other words.
the Petersburg Company, in effect BOUGHT fIom
HIN the dlsuse OF the Portsmouth Road, and paid
hun a consideration for Withholding from the
had authorized lis construction The riobt ,r tho
Individual party 10 this agreement, thus to dispose
OF his interest, under decision of the Court is noi
denied and had the other contracting party been
a natural person, ii would never have been oues
toned, however great might be the inc0nyeni
ence OF the loss OF the Road. Bn in my view,
corporation, the mere creature of the aw must
look to its charter, for privileges not for festrc.
tOns what is not authorized to it, is denied
and by consequences. The Petersburg Rail Road
Company, permitted by its charter only, To con-
sirnct Road from that Town ,o its Southern
terminus, and 10 transport on the same, had no
TIght either to participate in the profits of trans.
portailon on The Portsmouth Road, or to suppress
transportation thereon. Regarding this contract
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 az
such public injury and transgression Of its own
corporate rights by the Pelersburr Company. and
PerceiVlng that that Company had made no reports
10 the Legislature of this State, Of its operations
wllhIn our limits as was expressly required to he
periodically dune, by the Act of it's creation. 7
directed the Attorney General to file an Infotma
'on against them IN the Supreme Court, and re-
quIre them to show cause vhv their cha,,er
should not he declared forfeited Al ,be lac,
Term of that Court, judgment was reodered in
this case for the defendant. The onioion an.
nOuncing this decision is accessible in Won o,d
TO IL, you are REFERRED To determine whether
any new process shall be instituted in the prem
ises, or whether any new legislation be needed.
to prevent miscbiefs in like cases for the future.
1t was while this Information was pending, that
the General Assembly of Virginia, made their
g enactment" IN which it is plainly inimaled that
1t contrary decision from that arrived al by the
Court should be made, and this corporation should
De deprived ofany Of its privileges, nuw enjoyed
under our law, by reason of any neglect of duty,
or ey any lransgressiOn whatever, it should be re-
laiia'ed win the loss Oflbe Portsmouth Road also
DIS s,ale had made herself no party in the rival
RES "l 'hese companies, but authorised the con-
ofrncfinn nf hnlh y ,nLn - 80