Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-02-19


INDEPENDENT proposition, it would dissolve the Union
He went on TO advocate his own resolution for conn
TOO of fifteen 10 take into consideration plan of adus;
all the questions and saving he sacred Union from peril
Ar (.lav was in favor OF ADM ting California and A No.
the Senator from Massachusetts year ago. when she h
no constitution -. NJ r,,, NJ
Mr. BENTON moved instructions TO the committee to r.n
Hill for the admission of California independently OF ~.
other measure.
HOUSE OF REPRESENTATIVES
On motion of Mr.. Thompson, OF Miss the rules wsrs ,
pended and the House resolved itself into committee Of s
whole.
the imposition TO refer the Presidents annual message w.
to continue his speech, when
Mr. p King TO submit proposition 10 take I'M N.
Presidents message on the California aifairs. $50
The chair ruled that when the committee last in ~,
sion the question of referring the Presidents annual s..,
was the subject under considerations and upon that
Mr. Hliard being entitled to the floor not in o,a
the gentleman from New York AIr King 10 make n. NJ
ton.
TO the floor took place. Mr.. +. King contendng tia, &
House did go into committee specially upon the p
dents annual message, but went into COMMITTEES geney
and that therefore according 10 the rules he had ph
move 10 take up any other business The chair con,fnS
that he had announced before Mr.. H. took the floor that s
gentleman from Alabama, Mr.. Hiiard entitled IA I
and that the Presidents annual message the suber, :,
consideration After considerable discussion tbs f.c,.
in the case the chairs decision, that Mr. Hard was emf
tied to the floor, was affirmed
Mr. Hi!iard then resumed the floor and argued ap,i,,
the admission OF California. He said he for one wonH ~
yer 10 her admission without full Acknowledgment,
of the rights of the South there He favor OF an sn
tire and full settlement OF the question of slavery or.,s
with nothing else would the South be satisfied Bv wv
compromise settle the question he was willing to take h
Missouri Compromise line. Mr. Ii. concluded by moving ~
amend mcnt nstrucng the committee territories 10 bn
in bill for the protection of the citizens Of the United S,,
in their property OF every description in the territory aco
from Mexico by the treaty OF Guadalupe Hidalgo '
Mr. Fitch then obtained the hoor He alluded 10 the A.,
dnance of 1884, which he said established the principle Of in
teenon in regard 10 slavery in the territories Tha, ord
nance he said, actually abolished slavery where it did el
Virginia who made a ccssioH Of The northwestern ,eu.orD
TO Which Tho ordinance of 81 applied acquiesced IN NJ
adjustment of slavery Ihoro Now the south mad os
cause proposed prohibits slavery where 1t docs not
exist
He alluded to the platform of the Democratic national con-
vention which avowed in the last Presidential election
and argued that the pcple of non Intervention the a
very question intended apply 70 the States bur not
TO slavery the territories The convention he said eAp.es.
~ refused pass resolution OF non Intervention In regard
10 slavery in the territries.
Mr. F. said was upon that platform that he had served
eecor The conservative portion OF The North
prepared stand by that principles but not disposed carry
slavery whore il did exist as seemed to be the wish
the Sourh, expressed BY il representatives to do lCs
orna had adopted the institution Of OF saysry In her
sttuon would the South object To her admission the
lnionl No. il preposterous TO suppose 50.
N- Bror'n Of Miss inquired whether the gentleman from
Indiana OR Fitch would vote for the admission OF Csfo,
Ia.
Mr. Fitch said certanyi if the people OF California had
adopted the institution of slavery he would still vote for her
admission into the Unonbccause he recognized the nhs.
rent right of people to prescribe their own institutions
whether in the Union or out OF H.
Mr. Root then obtained the floor when on motion OF Mr.
Carter the committee rose and the House at O'Clock i'd
Journed.
OFFICE RIcnMoSp, FRED'o & p. r. R. Co..
Richmond February lSut 1856.
Mcssrs Editors Il have request, AT your hands, pub
LEGATION of the following opinion as il is one of interest
many Of your subscribers and in its bearing calculated
ED. ROBINSON, Prest
CASE.
resolution OF tho President and Directors Of the Rich.
mond Fredericksburg and Potomac Railroad Company has
been submitted the undersigned requesting opinion
in relation the liability Of the Company for the value
property destroyed by the burning Of their Depot the Gath
nst and Also ION the general obligations Of the Company
as carriers TO and from the points OF their route"
After careful consideration Of the subject give in
swer TO the said resolution, the following opinion;
The liabilities of the Company for tho losses by the fire.
If there be any, must be, either
ls AS a common carrier, or
3D. As q warehouse man.
|. As common carrier The Company Is common
rer subject all the liabilities md entitled TO the immunity
Of carrier, except far those liabilities and
mmuniles changed by the act incorporating The COM
pany.
The law Of the common carrier is well understood
make necessary do than state it, He
res for hire and is bound deliver the articles entrusted
with the consgnor the time appointed, if there be
lime appointed within reasonable time from the perotof
delivery him, unless prevented by the act OF God the
public enemy.
He is entitled tho stipulated hire upon the delivery
The article and has lien upon the article for the price, h
chooses to assert il.
The liability Of the Railroad Company rs common
Ter varies in respects from the liabilities OF the pi-
common carrier, (by which private person
company who acts as common carrier for although private
company, il is public carrier which il
hy rh0rfe and
provisions of the act OF incorporation.
II 10 corporation, and being private one, cresttt
statute il has not the capacity OF private individual
company in making contracts and only In the
manner and 10 the extent authorized by its charter.
H. Its liability carrier is limited by law, he incor
,oating it, the road within its termin unless for It's
convenience and accommodation il shall deposte
article any intermediate pont-whe il is bound Therefore
deliver it, under the general law which applies oth1
carriers by land that obligation extend be-
,ond the orni OF tho road because the company has
carry any article beyond tbs ,ermin Of tho road
L cannot carry beyond the road by rail road Il has
authority 10 keep wagons carts days horses servants
&C. for carrying to hire Others Ito carry for it,
er and it has authority charge, for carrying except
ipon its road II il carries beyond the termni Of its road
must do SO by carts or wagons &C. which implements
lot Of railroad company and do
rotate the laws Of its exisence certainly least, without
he authority Of that law for the act
The right Of the company purchase vehicles for the
ase of carrying il limited By the oath section of the charter
the right ITO purchase with the funds of the company and
dce on the rGu road constructed by them under this act oil
wagons vehicles carriages and teams of any description
whatever which they may deem necessary proper for the
purpose of transportation and by the 23h section tho
light TO is limited to the right transport persons and
property upon their rail road and charge for the
alton the tolls allowed by that secton"when therefore,
he article is carried 10 the point of destination safely
h" duty OF the owner consgnor be there receive it,
nd If he is not the company has power employ per
carry him.. The obligation of the carrier there
Ore necessarily terminates the point of delivery on the
oad and whatever liability he may
ccount OF the property after safely reaches the point d.
VERY must be III other character than that of carrier
That this Is the proper definition of the liability is farther
hown by the following considerations TO wit:
ls The company is not bound TO construct depots o,
il has the right them for lis own
and convenience and the protection Of the property
rnsed to its
For storage in s warehouse and delivery herefrom
authorized TO charge such charged in the
Il Richmond and town OF fredericksburg "a these pro.
sions II Is clearly ascertuned that the duties -rng an
are distinct That is obligatory the Other
olunary-nnd that toll for carrying is distinct from and
oes not cover the charge for storing and delivery from The
would not be the the goods
hey stored considered liz the custody of the Com
any carrier for the charge for carving covers the whole
ervce OF the carrier ind he receives nothing for deliver
rom the cars-wthout storage. As to the goods whc
been transported upon the road and are then stored M
he owner, the liability of the Company Is that of the ware
Not however with the goods stored beio
transportation the road In that the storing The
ct OF the carrier He has received the goods US carrier
transported by him. and stored for his own convenience
&c is not bound TO receive them until he Is ready carr
hsm Ii he does lin the absence of special contract
ecuves rs carrier and is bound carrier TO account
hem. Tho conclusion therefore is
Tltnna th