Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-02-10

original design. The physical barriers of nature
were not Inc only or the greatest difficulty in its
onward progress. For years it faltered and lam
guished at Cumberland for want oflegslative grants
from the State of Virginia. Those grants were OBJ.
ianed under my agency, and this noble connection
III Baltimore with the Ohio valley has now been
| formed. This magnificent result traces back to
the Virginia law Of 1847, which never would have
| passed except for my sacrifices and my unrequited
iabors. -
In administering the affairs of this great corpora
ton, its direction, in oil cases, should be made TO
square with rigid morality. II should fulfil it,
e0ntracts-t should stand to its bargans-it should
keep its faith. The officers of this company should
signalize their zeal in its service by ygilant dis
charge Of all its moral obligations. In my case,
good faith has been acknowledgements haze been
| boken-tta good name and untaihted honor have
been furnished, to save few dollars of the compa.
| ny's money.
think this conduct ofits officers has placed the
company in wrong position, and am here to ask
It's reversal. You have invited the Virginia Legis-
lature TO participate in grand trumphal iubila.
ton on the 10th instant; standing on the record,
of cheating that Legislature out Of the
franchise by which this great triumph has been
| achieved, with what face will you, as President of
| such company, meet that honorable bodyl With
what feelings will these guardians of the rights and
interests OF Virginia citizens view your road, when
| they ale told that, except for their improvident
grant, grant wrung from them. as is alleged upon
the record, by fraudulent means, this great
cial thoroughfare would have found its proper con-
| nections on Virginia waters, enriching Virginia
CITIES, and attaching, by the strong bonds of COM
mon interest, remotest portions of the common
wsalth.
If complaints should come up from Virginia
towns, claiming that the charter of your Company
had been granted in improvidence, and obtained by
fraud, IN derogation of their commercial interests
the Legislature will, as matter of common right,
open the courts to her own citizens and direct a
judicial investigation of the facts In such an in
curry, or rather prosecution, this plea would prove
OF terrible significance. The loin
will be that the law of 1S47 procured by frau
duent and undue means; and this plea records in
most solemn form the admission that the Baltimore
Company did institute fraudulent agency to pro-
| cure SAID law. The Company will be estopped
from denying the fraudulent intent of its own
agency; and this point adudicated, the case will
have an exceedingly narrow scope.
cannot believe this defence will be adhered TO-
on a calm Judgment of the whole case. 1t does
me personally great outrage, and it equally wrongs
''fhe good name" of the Company. While it aims
to saye a few dollars of the Company's money, il
IS blind to the portentous consequences which
may oVerwhelm the very existence OF the corpora
ton.
have no expectation of having this plea with
drawn ny the voluntary action OF the officers who
authorlZedlt. make no appeal to them, for am
frank to say, heincdents OF this suit have engen-
dered personal feeling which inhibits all inter
course with them except of an official character
MY appeal Is to the stockholders, and TO such of
the directors as have not sanctioned resort to this
defence. The officers OF the Company have doubt
less exercised then honest judgments in behalf of
the Company's Interestingly of course can iusti-
Their action, and it is my purpose 10 afford that
opportunity.
The company make no other reference TO my suit
l-detence which goes to the substantial merits of
the action. 1t is denied that any thing is due 10
me under the terms of my contract, fairly and just
ly considered This is manly and legitimate ground
OF defence. 1t COMFORTS with the self-respect and
good name" of the Company. Rest the defence
on such plea, and if cannot meet this honor
able issue, shall make not one word of com
plant.
A single paragraph in/regard 10 myself. The
plea, Sd lar as II duplicates as a party to
fraudulent contract, is untrue in fact, and most
ctnet anu ungracious on the part of the Company
was thelr agent IN 1S47 to procure right Of way
through Virginia 10 the Ohio river | discharged
my duties with zeal and sngleneSs of purpoSe-
ne oihcers OF the company iinve laviShed upon
me the praise of fidelity and high capacity. The
non boon so long withheld, was, under nv agency
attained; and the city of Baltimore, in unriyalled
advantage, now courts the trade of the Mlssissipp
MY labor and costly service has beem barren of
lIuit 10 me. have been driven into court for re-
lnuneraton, and there the officers of The Company
shelter under this contumeious defence
| war against this plea and seek to have it with
Drawn. am stranger among you, without
Trends and without influence. My reliance is on
truth aud moral right and my appeal is to correct
public opinion.
1t Is essential to my purpose that should prn-
cure from You, Is President of the Board of Di-
'cStoiS' the precise STATE oil facts I'd to this
plea. will respectfully ask:
FTSt, Was the Board of Directors consulted,
and was 1t upon their authority that this plea was
enteredl
Second, If the Board was consulted, did the city
directors and the directors part of the State OF
Maryland sanction the said Meas?
Third, l wish to be furnished with the names
oil the directors who composed the board in lS47
ana also 18th list of the present board, distin-
gushing such represent the city and State stock
If the Board and Directors have sanctioned this
plea, It is my purpose to memorable the City
Council and Legislature of Maryland to instruct
respective members of the direction 10 retrace
this action and have the case defended upon their
merits alone.
| If consistent with your official dnties a speedy
response to the above inquiries will oblige your
ooeuent servant, &c, y. J. MARSHALL.
January Z, 1858.
The above letter reached Mr.. Swan on the 7,h
oil January. He replied that his time was fully
occupied with the Wheeling excursion, but that
on his return he would give my letter his prompt
attention. l waited till the 2lst, and rem nded
him by second note, to which he made the fol-
lowing reply:
OFFICE TIE B. & o. R. R. COMPANY
January %, 1853.
| a. !. Marshall, Fountain Hotel, Baltimore-Sir:
Since my return, have GRATEFULLY examined your
communication addressed to me, as President of
| this company. "
As the matter 10 which il refers is now in the
hands OF counsel the case having been carried 10
tue court OF Appeals, exception taken to the
occasion OF the Chief Justice, have no authority
irom Tie board to do more than refer Mr. Marshall
10 Messrs. Latrobe and Johnson for any lnforma-
ton which may lie required in relation to the
position of this Company
DO tins without intending the slightest dsre.
spect to Mr.. Marshall.
With very great respect
your obedient servant