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

protracted and frutless negotiations suit has been
instituted to test the validity of the claim.
1t is with feelings 10 which he will not here give
utterance that your emorialist dscloses the furth
er history Of this transaction. The government
OF the Baltimore. Company defended this claim
en- two principal grounds. Their first plea was,
that the contracts of agency, made by themselves
through committee of the first men Of your city,
was fraudulent contract, which the courts could
not enforce ! !!
The second plea was to the merits of the cause
that under just and fair construction or the con-
tract, the Company owed nothing to Mr.. Marshall
10 the latter plea, your memorial has not a word
to object. There existed an honest difference of
opinion on question ofrigkt, and each party APP
pealed to reason and to law to support his views of
the subject. The plea is fair and manly plea,
and may stand upon the record without impeaching
the honest name of this great corporation.
1t is 10 the first defence of the Company that
your memorlast earnestly invokes the scrutiny and
the correcting hand of your honorable body. The
legal effect Of that plea is to place upon the record
degrading and dangerous admission on the part of
the Company. That pea in effect, proclaims to
the world that the Baltimore and Ohio Railroad
Company did not appoint fraudulent agency be-
ere the Virginia Legislature to obtain their great
law of 1s41 by improper and unlawful means.
1t commits the Company fully 10 the turpitude
of its own purposer before the Virginia Legisa-
ture, 10 be carried out through the medium Of a
weil-directed and powerful agency; and it stands
upon the record their perpetual estoppel to deny
this utter disgrace.
1t only remains to connectth the influences of this
fraudulent agency with the law of 1s47 by parole
or other testimony, and this great franchise of your
Company becomes waste paper in The hands of a
court of justice In view of the legislative history
just recounted and inview of the testimony given
on the trial ofthe case this alleged fraudulent
contract, a judgment may readily be formed how
far it is prudent 10 brave this issue and hazard this
overwhelming ruin.
This plea of their own infamy, whilstit ISLANDERS
nIHfn nnl las H..
motives of all who participated in it.
Your Lnemorialist made his contract OF agency
with the company through committee of five
Samuel Hoffman, Judge HARDWOOD, William Cook,
Columbus O'Donneil, and the Hon. Lewis Nc
Lane, then President of the road, made that con.
tract. 1t was a matter well considered, and most
deliberate. 1fthere be in your city, of high
er trust or greater moral worth, it is unknown 10
the writer, who is a stranger among you. Har-
wood and Hoffman have since descended 10 the
grave, honored and beloved by all good men,
1t Is upon these names that the officers Of this
road have cast the inputation of fraudulent con-
tract and undue continuance. 1t was upon sue h
names that your memorinist, confding stranger
contracted with the company. These names were
his guarantees, that if he discharged his duties, the
company would fulfill their bargain with him. He
trusted to this bargain because 1t was, in fact, the
bargain OF Baltimore city. 1t was her road and her
commercial necessities the contract aimed 10
achieve. He felt saei in the honor of your city
and the faith of your merchants.
ME. mayor, you anu the council now addressed,
are the conScript fathers of this city through whom
all its functions to be administered. You can
not stand indifferent TO these acts of your subordi-
mates, which thus tarnish the good name of your
CITY. Remember, this road is your road-the crea-
ion OF your enterprise and your Sagacity. ltmarks
the character OF this generation of your people
II IS great and magnificent work. Let it have
an unsulled name before the world.
The Office of President ofthe Baltimore and Ohio
RAILROAD Company, is one Of eminent trust The
in hot 81,
The incumbent should elevate his mind TO a full
conception OF the dignity and power of his posi-
ton. he should feel that honesty Is the best pc :
Icy, and thatthe hig est il office should always e
the most scrupulous in its observance.
In pleading the infamy of the coulpany over
which he presdes, with the design of vitiating
solemn contract, and OF saving few dollars of
the companys money, that officer il is respectful
~ submitted, has fallen below the moral standard
OF his place. He has held good name at too
cheap price, and may find that this defence, like
the discharge ola dirty gun, has done most exc
cution al the breach.
Mr. Mayor, it is with you and the city councils
to correct this haglant wrong. The teachings OF
more elevated morality will be administered from
your hands with impressive force.
Your memorlallSt sought TO know who was d-
recty responsible for this plea and with that view
addressed the letter to President Swami, hereto
appended. L" his direct inquiries lie could get 10
direct reply, and not choosing to be referred 10 su
Dordinates, he has assumed that Mr.. Swami, in his
official character, is the responsible party.
Your memoraliSt has made no explanation of the
points OF litigation. They matters for judicial
decision. II right that his preentons, under his
contract with the company, whatever they may
De, Shall be adjudicated on their merits 1t is NOR
any wrong IN the company, 10 defeat his claims, by
mpeachlng the integrity of their own contract
hlS plea, as lar as may be done, ought to be with
drawn, and the claim oil your memorialist ought to
be met on its merits in fair and manly defence.
Your memoraist prays your honorable body that
resolutions to the following effect, may be passed
on this subject:
Resolped by the City Councils of Baltimore That
in the suit of Alexander John Ma against the
Baltimore and Ohio Railroad Company, pending
before the Supreme Court of the United States, we
cannot sanction the policy proprety OF the first
plea entered by the defendants.
Resolped, That the members OF the Board of Di-
rectols of the Baltimore and Ohio Railroad COM
pany, who represent the stock of Baltimore city,
he and are hereby instructed 10 their best eff
forts to have said plea withdrawn from the record;
and IN the event that this course IS forbidden by
the rules of the Supreme Court, then to instruct
the counsel in the argument of the cause TO rely
exclusively on the other detences OF the company,
and to take no benefit whatever from said first plea,
as a defence of the company
Resolued, That the defeat of Knights route
which, in any aspect OF the case, is traceabe TO
MarShalPs agency, was service of priceless value
to this city and that it is unbecoming the charac-
ter of just corporation 10 receive important hene-
fit, ntthe great pecuniary cost and personal labor
of individuals, without suitable and liberal renu
meIation. The said members representing the city
stock are therefore instructed to their best eff
forts 10 ascertain the exact fact of the case, and
do justice in the premises irrespective OF all formal
and technical construction of the contract of Mr..
Marshall.
Your memoralist will ever pray, &c.
| January 90, 1858. A. J. MARSHALL
APPENDIX.
TO Thomas S,oann, Esq, President ofthe Balti-
more and Ohio Railroad C0mpany.-Sir-A prjn-
cipal defence Of the Baltimore and Ohio Railroad
Company, at the suit of A. J. Marshall, (my suit
was that the Court could not enforce my right Of
action, because the contract on which sued was
one aPainSt bic nnlicY tainted with