Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-08-28
ALEXANDRIA,:
;ATURDAY MORNING, AUGUST rs, 1858

Mr.. Robert Tyler of Philadelphia. writes
TO the Richmond Enquirer that friend OF his
has complained Of the bad faith of Virginia.
uoder the following alleged circumstances
THAT be was one Of the original subscri-
bers to the stock of the Richmond, Fredericks-
burg and Potomac Railroad Company, that
he and many others in Philadelphia had
made subscriptions to this then doubtful en-
terprise, on the solemn pledge given by the
Legislature of the State, the nature D! which
was fully discussed and understood at the
time, and given only because without such
pledge. subscriptions in this or any ether
market could not have been obtained for the
stock; that the work should be protected tor
the term of thirty years from its completion,
against all competition, fer travel between
Richmond and Washington. That notwitb-
standing this pledge aud the published nd-
mission of the Virginia Central Railroad
Company, (then the L)uisa) at the time OF
extending their road from tac junction to
Richmond, that they would have no right to
carry passengers between Richmond and
Washington, and their then declaration that
they had no intention to convey such passen-
gers, nevertheless, as any one could see by
the advertisements 10 the newspapers and
elsew here, through tickets are now and have
been for some time back, sold by this road
and the Orange aud Alexandria Railroad, ter
ell travel passing between Richmond end
Washington, whether passing merely be-
tween these cities or going further North or
South; while so far the Richmond, Fredercks-
burg and Potomac Railroad in which he had
become interested on what be supposed the
inviolste faith Of the State, bad entirely fail
ed to obtain Of the courts OF the State any
redress for this grievance, by which the com-
pany bad been at great loss and on account
of which it's bonds and stock had been de-
preciated."
To this, the Richmond Enquirer replies as
follows:-
ITO disprove every allegation made by MIR.
Tyler's informant, it is only Necessary to state
that the alleged violation OF the chartered
privileges of the Richmond, Fredericksburg
and Potomac Rail Road Company. by the
completion of the Virginia Central Rail Road
to Richmond, has been the subject of inves-
tigation before the highest Judicial tribunals
of Virginia, and before the Supreme Court OF
the United States, aud decided by each and
all OF them against the assertions OF MIR. Iy-
ler's informant.
An injunction was prayed against the Cen
trail Railroad for violation of the chartered
privileges of the Richmond. Fredericksburg
and Potomac Railroad, in carrying "tbfougb"
and "way travel" This injunction was re-
fused BY the Court, and the Court of APP
pesls sustained the ruling Of the Court be-
low. The case was taken to the Supreme
Court of the United States, which Court
recognised the we'll settled principle. that
the grant of a franchise is of no higher
order, and copfers no more sacred title than
grant Of land to an individual; and when the
public necessities require it. the one as we'll
as the other may be taken for public purpo-
ses, on making suitable compensation, nor
does such an exercise Of the right OF imml-
nent domain interfere with the inViolabllity OF
Contracts" And applying this principle to
the then controversy between these parties,
(viz: the Richmond, Fredericksburg and Po-
tomac and Virginia Central Railrcads) that
Court held that these respondents 1.-The Viz
ginia CentraD "had the right under their
charter to construct their road from the juno
ton to the city of Richmond, and to cross the
road Of the com claimants on the level there
Of aud that the use Of such road Tor the
transportation of freight was not Siolatio"
of the rights guaranteed to the complalnants
by their act Of Incorporation" This then
settles the charge of bad faith by the highest
judicial tribunal.
In charteriug the Richmond, Fredericks-
burg and Potomac Railroad Company, it was
not the design of the Legislature 10 barter
away the power over interoal improvements,
or to deny to future Legislatures the power
to supply the wants OF the country, and the
capacities Of roads to meet them.
10 Is, Howard's Reports, Is. {. y. 81
will be found the decision OF this case between
these companies. FROM the opinion OF the
Court, delivered by Justice Grer, We extract
the following: "Construing this act with
these principles in view, where do we h2d
that the Legislature have contracted to part
with the power Of constructing other roads,
even between Richmond and Fredericksburg,
for CARRYING coal or other freight Much less
can thew be said to have contracted, that no
railroad connected with the Western part Of
the State, shall be suffered to cross the COM
plsinsnts' road, or run parallel to 1t, IN any
portion of its route. Such contract cannot
be elected from the letter or spirit OF this sec
0OO OF the act. IL Cputaioe w fiSHnS
the State of Virginia will not allow any 9TH
or railroad to be constructed between those
points, or any portion of the distance Tor any
purpose. But only road the probable ell
feet of which would be to diminish the mum
Der of passepg gers travelling between the one
CITY and the other, upon the railroad authol-
ised by the act,' or to compel the company 10
reduce the passage money"
The circuitous route, between RICHMOND
and Washington City, which, according to
Mr.. Tyler's informant, is now inJorlng the
Richmond. fredericksburg and Potomac Rail
Road Company, has grown out OF the neceS'
sities Of the State; and because passengers
select. that oircuitous route in preference to
the more direct route by way OF Frederieks-
burg, We cannot see how the pledges oil
Yirsiuis are violated. At any rate. the char
ter of the Virsiuia Central Rail Road has
been fully sustained by the highest trioanai
known to State or Federal lave. Aud we
venture tho assertion, that Mr.. Taylor's inior-
mant will find great difficulty IN convinc,ng
tho public that Virginia has violated De,
pledges, VI that she is "a repudiating osa'e.
The crew Of the Niagara were received 10
New York, on Wednesday, at the "Hail OF
tho Union" in the Cooper Institute, in pre-
&c HIM Taaac Toucey Peter Cooper,