Newspapers / The Raleigh Register (Raleigh, … / March 28, 1845, edition 1 / Page 2
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LEG A L Scfffttvi Cofar, I DtctmUr ' Term, STATE FRANCIS E. RIVES, Tbe Defendant wa Iae?.J in Northampton Coun tt. for tsarior up a part of lb. rort.moath and Roan ele IUaad. contrary te the 7th stiga rf lb Act eC Assembly, creatkjg tbe Portsmouth and VfiM: eke Ceil oad Company. Tie j tsed opon the'rTand that he had bought so mock mi the Rd w u Kortnwnpfoa iuaty, at sale mid by U Sheriff Northampton, under aa Exccstiea, fcealug oa a judgment obtained against the. CoccpakT by obo Xocnux.in'a dU dM by I hem te him. . ... Tbo Court Mow havisg decided agauist the Do fcndaat. La appealed to tbo Supreme Court. Tbo esse was argned at great length at Juno Term, 18441 hw tko Atteraer General. B. . Moore acd IredeB, for tbo State, and Badger and Bragg . for the Defendant. ' Tbe Court took time to consider, and at .tbo last Term, through Chief Justiee Kerr , delirer- ed tbo fwllowisj Opiuiea : : opinion.- This' case was treated at the bar as pending upon the question whether tbe defendant famed a rizbt of property, by the Sheriff sale and con veyance in the part of the road purchased, or in the Material cf weicfc it was constructed- , We think that a proper view of the subject, became the statutes which make it an offence to obstruct tbe road or destroy its materia Is, bare in view- the acts of a person wbo is iot the proprietor of tbe road or materiel, but acts wantonly and not in tbe exercise of a right- Tbe seventh eectin of Ibo charter, for example, provides that if any person shall wilfully injure th road, he stall forfeit the sura of $500 to tbe cooipany, to be recovered by the company in an action of debt, end shall also be subject to an indictment. So it is seen that the indictment is given where the penally is incur, red to the corporation, and that cannot accrue when one enters under the corporate conveyance, or under a sale on execution against the corpora tion, provided tflcb sale places the property and the purchaser peaceably enters upon bis r. glit of property. ' The enquiry, lien, is-, whether ly t?e law rf this Sute the'writ of fieri facias lice against t!ie land on which a rail road is laij out 1 Jt might be material to distiognish tetween tire road itself, and the materials, such as the iron, and timber, laid down oo i, .if the corporation bad a mere raseinetrt or right of way tver the Und; f r i:i that ewe the Uw would pr-b iblr, in fsror of rred iters, regard those materials as mere futur of so oceupier of land, which might te sevcrr-d and tf sixty inference of a kjitbtira lotcntldd fa lh eflVct. There is tx t.uch exnrca enaertsept- mm t - . ' A 1 . II prere wss u woum oe eonciuaive nr, uqhqi lees, the lis.'atur can prescribe .what shall or suau not te tbe ut-jec! of executno.' iui, ji was contended fr tba State, that rurh exemption aroat from the ruturj of th property vested in tin company and U prpoes anW: frrt-the in- tireKt of tm puua in tae roaa iwsa yrua reference to the. inierests'of tbe 'corpiT tvtt, that the pisrvaturt4faueif,Jfrani'bti,e of jectmpg toll, which depended on tneir remaining in pw rion of and keeping up the road, and their liability tn penalties and pains for not keeping upi be road. nresented considerations ot so mucn more wciui r .... j-L. thin an hirh the mere satutiaciion oi a.acvuw an individual ies, that the law ought not to take from ftthe iJDd to wbichtbatfrancDwe w sonexca. Vm trrp that I he franchise Itself cannot be old. It is intangible and vested in an. artificial being of a particular orzanint.yn, sa ted, in Ihe v;ew of the l.gwlature, totbmot pnpr and bensnciai it,. f ihn fr.nchie : and, therefore, cannot bt ;rti1 in a neraon. natural or artilicial, to wbi.-h th locri-Uture haenot c-mmUted its exercise and . mm . 1 t .1 .1 t - euiolament. we-aamu aiso, wis r!g' or passim? or cf transporting persons or things over the land of another for. toll, is but an casement united with a franchise, and is not dating unlia ble in this respect from other franchise. , Vet, it will oot follow, that if the grantee of a franchise, whether a natural person- or a body politic lias a vested property in a tangible, peisooaiiCr real thimr. that ruch thinir mav not be taken in execu tion, although it be useful or indispensahle to the most beneficial or even any enjoyment of the fran chise : unless, indeed, i: be declared by the leg's- Uture not to be Iwble to distress or sale. I mav oe rerv unfortunate, and cause much Iofs ir a pe cuniary sense to arrest the exercise of a franchise by depriving its proprietor of an estate or thing needful to its exercise, when, cf the two, the franchise or the tangible thing, tbe fanner U murli the more valuable. We regret; sincerely, that it has hitherto escaped the attention of these com ranias. and of the legislature, that rome act was necessary in order that such sales, when unavoida b. miffht be made with the least bw to th b-eu divested nut of U eMter by its pvr acUk Jby theact of law to tni jcase, meregre, ipje sale wae oni T.nn oui ue purcuawr got i jre r rv in the land which belong to the wmMnj. f x'T'v 1 . tw Zr'a t tflalrei a duuse of the Corporate pnvupgensua er ior l wo rear to amoum.oi km, w .iiw ffow, ahboogb it be generally true, that Qoo $to xt:ratiouif eorp6ri-J orita diMolutlqiU&KM otberwietf provided by Siatute, tbe real ciie, ip- dipoed ot, win. reven io ie urivy it iiu owiMr; yet, ibat is only true a to sucu euiaieM rcmauia; in 4be corpiatiorvatJe HOejBt of vfif dweolnrton-'and does 'not apply to s jchA a,li jd enur an tie ficJ araiaTto'"! smpeaeat it, If it b 4Kt already endowd wun vie power. c hartf f i may . granted i anotbir eompaay r it may b eiecated by th Jeie dirfctly. But by ulutidg a eorporatioBt execute- tbi wrk ad to haT property in it ; by enacung imi n jn.ji. bail run against the property of corporatwoe gener ally ; by not exempting the property r ihe raU WdtcoiBpijiy r6n the general rbatyceroto deelanar m some oaseo" tbat xeeotkm should run agapet tl ".AagjnM eb er eorporatioBS f tbo legisUUyo mtentwn roustcloar lr b. Lndood iaTe boett, that the puWe rigbt ls) . a 4 A La 4!io use of the read ahould toe. oepenaeat up r . : .1 '..-i. J that was not aoby the ojunK law, it wuiU, J ability of tbe corporation Mritct too just oomaoo- thinjt.necessarily be so utwn Ihe ronstr ftioti f I it creditors vhhontWlo trtbo rad. r!?" put Statute, which gives Jbc writ pf fitfJvctV against, me company ; lor, insxeau oi argm g iu there aboold be no sale, because tlo- p trchsr gets nothipgtbe argument is tbeotbr tay, i't the purrbser nW get tbe'esute, becausefili of it is authorized ; aid, thf?lore, evern t p 'n?a subsequent dtsiolui ion of tbe corporation.thv 1 C d would not revert uun oy lapa o nine inn coaiw wouid have expired. . BuCreaUv, there wln m tie ground for exeurjting the line. of . road in tg ?her property t uecoaiiany:: ior irsop'iriii'o the beoebrial use of lb. reo: eituer to t?i cop pany or ihe public, is as effectually suspended r- -is u? inn,w .we. the sale of all its other effects roid itself. Indeed it must he supposedJuu'ar our law, that its pervonat effects Iiavekctualr been avoid, or are purjjosely witliheid ana conced ed bv tbe coiopsnv : beause the bberifi earner right fu II v sell land white there are. J r shim I rttiel If so. then the creditor reduced t o the l ist resort, naineiy : on the l lnd for Wadel. nd fr the rraors alrcsuy ' riven; rt tnuft rat iter than h should be jdelrauded of h;8 debt! The question has rhds far ben cdpsitered i reference to tho conflicting claims of ttV creO tor and the corporation-to -the protactmf of ti-e law. Tbe counsel for ihe Stale, h'wevr, iutr noes. as a further and distinct oHpc.iif to t sale ot the road, tbe ngm of me puouc itfioe ui . . . r.i .!. (V- ot it as a Highway, ami trie necessity ininse :oy. pany should retain ike ro-id to enable it tCLperoi;n its duv to the pnblrc bv keeping it up asa : liijrTi. .... . . . I . ' : . 1 - war. liV, Txsitun .resi on me assumpJino irra 4s A-Ut. r. M.v;.ti mail k tha first, and" biehost Vt IVI mmm-mj - . . doty of tbe toreoration. " Tbe efefment of that slaty rs moral, aad preeedent t&aay nsoro jajuty .of polwe ; and tho Legislature O innot bo supposed to baee iIob- dod a violation of that first of duties, cpoa any exri- deace less.tbaa iU explicit enactment t - Tbe court k. therefsre, of opiumm uiai una . iana . . . . . i ' 1 J 1. . ' L. wmm liable to be sold on tno execuuvn, purchaser would have obtaiaed a good tiflo, bad be sale been duly mid. It wat aot, nowoTer auiy made. By the statute, Rev. StaL C. A5, sec. 10, it is enacted that all sabs of lead and e'aves bail be mad k. MuH.hanw en Monday 01 UO COUOIT eoun. or din r Monda v ia everr ' moot. The sale in this case was on the premises and en atfuTer et dv of the week We batfe more -than once said, thatthis is a substantial Prt of a sherlflTs sale, be- eanse the rerulation ' is for a aale of all the property atone place and at the same time, wljitb maybe A.t1 for sale in tbe eonntT In any one month, un der tbe expectation, that there will be nume.rous.bid-. ders and fair prices had- err suen a regulation, eve ry one must be cognizant r and . therefore we have held J hat tbe purchaser gets ni title by a sale at an im- Drcmar time and place. Mai deetn vs. Spetgkt, 3 Uev. 28 Acrvy. Rot. 4 Wev 654. or ttaa last rea- ab tha iudrment roust befirtned. We re ere t that result, as we have just been informed, tbat there is a private ct . reeulatwig sales in Northampton county and tbat tno soerin oiwervcu t pmiuwiniu uw Iao. it ij nnfonoaate that the act. was not stated in r .. . a the ese ; for beiur a private act, tr cannot juaieiai ly notice it, and, indeed; we have not seen it. , Judgnunl to be ejjirmwa. ,r tnV95. ta nVd tint litliM at m. ... ia shackled wkh what lawee .... :i!ClCYAToN? IN TEXAS. frannatare in ha bv no meant certain.' iudfirin Iffotiiibej rpmplexion of, the Texas lwpaer, wcedeaing by the) required tacrifir. J f. .k.Th .......ti...," h(.K nit iuritL Ink J our tJ.rbt tZLOMiUtt the boumiarL-M .4 .... . i taa. vuo-. eniu,BexLawa " - , - ' z t vug- t? frit firm- tranecended its constitutional autbowy bv; af- tha consent of I bat Congress even once mora tempting to legalize, wilt, after all, be conaumma- entertain tbe Texas question ia coupled with ,l ted on the terms proposed. Newe from Teaa cold asaorance; thai if we are ercr admitted I has beenrreceived at Neve Orleans to the 8 h the Unwa at all, we must cede to tbo it.?" t I i.'.fV'T;. Ut.tUn hat raarltwl T OUteS all Our Sntnex. mtHMwr. u t . ue 1xa bfihe pascfeJlRolution by mngt; also, all w jnUdiJlees.fnrtijt! our House of Representatives ; which elicited I bmrackM, ports and harbors, nary and iwrVe Ihe subjoined comiuentanei i from papers' under- fitaga stites, arm, artnamerui, and itf J? stood to be exponents of the views of tbe Uovern- jropeny ana means ferunmng fhe T roent of tbat country. We copy tbera just as we finca. We uiuat also y.eld up our.reveniie . 1 find them. Our readers must receive different itar capac tv to rate 'fe; wbc4 airigre hem, and d.atnra,and the greatest advantage tothecreditors j caitee the rad is a highway it is ex 'r'(erm(jti not liable to execution. ruw, we cannot assent sold by the sheriff, if. cs the property of a privi leged corporatiiuj, tl.ey were nt altrge:her ex empted from execution. Bit the Court diwa evi deem it needful to enter into lliat quetti.u lire. I m - f .. -.1 I f far two reasons rne nra', inai ine iuaieriii were i:e4 severed. rr were they o!d as distinct from the Iind; a nil the second, th-.t wo think the cor poration had an rs3te in the lard, at least fr a term extending Ur beyond the duration of thn,r? mareria!, tr.d therefore that they Ind loet their distinct character as rrreooal chattels, .rid were snnk'xir.ts the rea!fy. . We have said that the corporation Led an estate ia the land laid off Air the read. Both the express provisions of the charter, and tbe neccwity of the rase, had to that conrlusinn. The. section, enart ihtfafJer the asaessmsnt and payment of the damages, the- roropvpy miy enter - upon tho hnd dndemned and liIi it to '.heir ue and ben efit, for thr p ur,ofe of preserving and teepiug up the rvnd.d.iriny the continuance of the cornrste exitrnce by the art given to thrtn. f which is rirty year.) r.nd deeliree tin, in all :hg, the rompsnr shall Lave the sam power and aiithori trover said land so hid WTduring their existence ' se a rorporatWTi tir-rhr liic laws o? ir.i r-.iur, as though they owned thee?-s:innle therein. This I indulge can rijni'y n-!i:ng than that the corporation is the tenant of the land, as the oivn er ef tho legal estate for the term of eivy rears, B'lVjfct to thVexrller dctarnimtion cf thn icrpo ration from rny'cacse. Mus! of the nil road rhsrteri in tb;a State rive an es?ate ia'the land in tzz.' Sofne estate, indeed, is necrssarv to tbe precrvaL:oa or protection r f ih mad.- It is true tLc act gives a penalty of $-f0 for destroying any part cf the road But that is an inadequate pro tection for an evil disposed person might burn a valuable Indze, or do some other injury far be yond that penally in Value, or might intrude on the land without actually 'obstructing tho road, and in such casta the cntr.pnny ought to have, - sad no doubt has, remedy by action of treepsss or ejectment, si the tenants or owners of the soil. It is true, the act says the company shall hold tbe land for the purpose of preserving and keep ing up the road, and it is contended ibat these word, at least, make tbe estate conditional, and that the coalition ia of such a nature a to defeat the estate, rf net performed, and thence it was in ferred that there could be no sale of it, inasmuch kb that wonld prevent the company from per for tning the condition. As far as respects tho rights of tbe company, or the private interest of its stock holders, tboee considerations, if true, cocld avail nothing for the debtor has no interest in the question, to whom the property shall go afcr a sale of it for the . payment of his dehts.- '-That is it question which, in this case, may arise Letween ihe reversioner and the porclnser, or between fiim and the public. An estate, upon randi'ion, is not necessarily exempted from sale by execu tion. But we do not regard tIose won! a crea ting a condition, in its proper sense. They only assigo the roasou why the" Uw vests the estate in tha corporation. J he object in v:ew wis to bare tbe road, acd tint is stated ss the jis'.ifica lion of taking private property ar.d veeiing it in Ibo corporation. After tcir-jr. thus taken, at the full value pil to tbe former owner and yeaied in the corporation, we see no reason wliv it should rof be cor.eiderd as abeotutcly vested in the cor r-!len daring is rxierre. or in its a.r?gas da- rn the iioie period f.ir wlnrh it was taken. In he case of comnon and free highways, the pub Yc Lvc only an e?rement.and therefore the rem edy f:r obernictisg the pnesage over it is by in- dtctirent-niereTy. But. tin estate, the ight of ri!, rerunna in tin? rcigtoal propnetor,. who has Artie for injnnr to ih- land m ihe owner of i.ie s"ft. s h ntiht hive .n respoct to anr other But ifi the care of a rail road, ife?!v lconirruouii not to rive tkf corpora ion th action fur destroying cm. I.rlf!rats and the rupert: ruct ore of the raad. which tbe romps ne erert-d wit5 i's funds, but j-giTe etch action to ibo nriffinal owner of the hrtL Frora tl nttorc of iltin therefore, the er.enrr con-tmctinn of a charter -f such a rornortwn ninst be tn rest an estate in the land ii the co-nparty, nnlcse it be e-ar tiatthe contra rr w- intcrflVd. . U?Z Rer-rtalrfl iht the coeporitkm ha an .eta i-i the laRd and oot a wrf eaMmeht, it e.'Cw follow, tlw! such ejte In liable to ex'e. ntin. In rferen'- ?n corporation? generalU. it rertajMr h tnte.thst i.i our liw their ctW, .r.J Cr l rfsLare Vuljort o -als on Jperi tztias i-t tb evu'! rrna.nr a,ji iho3 of n'atnraf per?ons. Uc tU act t4 Ir??rt. :h pt.-IotiC in a" judgment "it a corpora' .). i entitled io either a efis . jea tt a jTrrf ';oordthr tmj he letir-tl on the itnry. iodr. rlnt:elOWtf awl ?ene- - tn'e of ii, rorpr8ti.. Rev. Kl. c. 2H, e. r THOoro it, i rjrt t?rtt ihiejiipd ialiaUe to Meetrtion, nnW.lt be cxerrpfed tl.ercfrom either 1J U expr?a proviewn of a statute, or ihe ue- p-r: of Li. I sr.i. n ncuuj n? wan; and purchasers, by providing lor I tie Keeping oi the franchise with the estate. Or, if it so please the lecislature. an act might provide fr putting the road into the hands of a receiver, and subject-i-vV the income to the creditors, instead of the estate in the land, stripped of the franchise. B it nothing of cither kind has been done, and i hope sre confk'eratione for the legislature, as to their future action; and cannot intlaence the de cision of the Court as to right of the creditors of these corperations under a different state of the law: The question for u i, between the recess: ty.'on the one hand, of subjecting the tangible property of this corporation to sale for i s dbe, although at the expense of the suspension or l ss of its franchise, or, on the other hand, of saying that the creditor lias no remedy whatever, and that the corporation may keep "its, property and enjoy its profits m deninte ot moral right and the process of the law. Beta sen these alternatives, a court of Justice cannot hesitate. If th cor pora! kB brs n.eans to pay its debt ami wiil not. or, if it has contract?d debts which it is nut able to pay without a aabof it. property, we can only say, that it is tlie duty oi the uourt to eniorre oarment bv a sile of the corporate property, he the consequences to the pecuniary interests of the corporation what thev trav. J no law is not re- erwneibTe fortboee consccoenees ; but they have been brought on the4 corporation by the want of integrity or prudence in its management. It i a sacred principle of justice and law, applicable alike to all persons, natural and corporate, that the obligations of contracts should be enforced, and debtors prevented from retaining their-property to the disappointment of the creditors. And it is likewise a principle of equity and policy that all debtors should be placed on the same footing ; and. consequently, that what one is com pelled to yield np to hit creditor, another; shall not be allowed to keep to bis own rse. Aga-nst the operation nf those sound and salutary maxim? of mora Is "and law, it requires much more to be oppoted than an argument of incouvenience, that ihe debtor loses much more than the creditor gets. Still it is to be replied, that the cred tr is entitled to bis debt at all events, and that he ought to have it, even at that expense rather than not atalL ' Therefore, an execution against the property of a corporation, which the law exprese ly gives against all corporations, must be satisfied out of its property, provided only that such pro. perty be within the description of goods, chattels, lands or tenements. When the law awards an execution of tbat kind, how can the Court say, without a direction from the legislature, that it shall not be served on chattels or certain lands of the corporation, because it would be a detriment to the corporat ion to be deprived of them. There is no mischief in the case comparable to that of leaving jnst debts unpaid : debts necessarily contracted fo the labor or property of the creditor employed in .constructing the road. That would be the view proper!v to be taken of the law. if there were no special provision in the charter of this company, denoting an intention that its pro perty should be liable to execution. But there L an express provision of that kind. By the charter the company has the faculties nf suing, and being sued, and is to enjoy all the rights, privileges and immunities of a body politic; snd by the fourth section, forthe damages assessed for entering on land and takirg stone, earth and timber for m-jkirg tbe road, the execution is expressly given against this, as against other corporations." It is true. that the act specifies but one case, in whirh it gives execution. Bot there is no reason why a pcu-i ir preference should be given tothat demand i above all others, sa to the mode of obtaining tis fiction. "Thatcaae was particularly mentioned. ! because it was proper to give a summary tssess. mcntof the damages and speedy satisfaction f them, as a justification forthe taking of priva'e property. But when another debt is reduced t judgment by the regular course of law, that ought aio to be satisfied in uke manner ; and henre, the particular case mentioned in the act is not to he looked on as ons to which a peculiar remfrfv'S? annexed, tut, rather, cs an example of the m.-vl h which payment cf the debts of this corporation w.i to be obtained, that is. bv making its proper! v, in cluding, of course, nil its property, liable to exern tion for its debts, as the property of corporatiorie generally is liable on execution for their debts. 1 1 other word, it ws not intended to discrirhir a' between rail road corporations and other corpora tions as totheir duty jof paying debts, or the modes of coercing them to the performance of their duty. It was admitted by tlo Counsel forthe State, thit this proposition must be received as true, in re. spect to all the other property of the company. except the land on which the line rf road runs,eurh as the cars, locomotive, supply of. wood, timber and icon not laid, down, and la ml purchased for depot but it was Insisted that it . was different with respect to the land forming the mad itself Tbe exemption of that was claimed upon the ground that, by the sale ofit, tbe corporation itself ceased, tot jat eo tMjni the land reverted to tbe fwmcr owner, and, conseqnently, the purchaser got nothing; snd so. ax the law does nothing in . . . .. . vain, ami especially when attended with snrli de structive coneqnenccs, it was Inferred t hat there could bono such sale. But the portion is not trne, that the corporation is dissolved by the sale of a part "of the road, nor, indeed. Immediate, ly trpon the sale of the whole madss it seems to us. It may because, of .forfeiture, if insisted on by Jbe S ate ; and without any prcseeptiois it may. In process of time, nrooont te a forfeiture But, by the express pmlsioa) of the Statute, it re i to that proposi i n in the extent here lad dowj. Is corri-ct nee depends on the. sense Tii whi the term highway Hser, and on IheJLegiaia. live intenti-n as the liability of the ptffertyM rail rod companies f..r their debts. I Jie,otjt said in the Case of the Raleigh Si GarWtft. f vs Daviy, 2 Dev. & Bat. 451. that a raiVftoadje a hifhwav : but it does nt follow, and frtaiift it was nt intended, that it should bo nndrstoyl to be a common pubi c highway, on whicitljcri. izens were free to pass, and whirh, from )iei rity,rould not he the subj-ctof txeculiobfcaie there is no estate in the pubic sad because tje at- --. ea-ement is fX'lururly t:i the pupne. 4t mat t4- ... . t i a pert I one k thfu?h subjects of private property, and it is inthf lattf r character that they ae liable to be enlJ. Unle. . a t .-a mtm .' lorbMidcr, by the iiiature : noi wte rrancMt,, but the estate srne. ma; ine lami ano ouier m-ng iakii ior ts construct ion are taken for a public use, iasrnuf h as it is a mode of opening avenues ot cinmui cation between different parts of the State. t:j) nentis exrtururty v.i the pupne. litiaaT j- menu there is an essential Jiffrrencf brtive'i'n t' ye-r; t, :nd of roads snd the other. Rail roads, a'. culUvat h fitltici juris in sone respects, 'ira tf and on nvate property, ami it is i;i i J laitf r it they re liable to be sdd. unless the Legislature : not the ftanjlwe,' ofthe corporation in the lartlp, whiji t'lii'g from the franchise. In 1' THH SWEET POTATO K -.Our pbnting friends' will find in the following article. Which we extract from the Vicksburg r.iififutMMialits.i much valtuble information relative to the above named common and useful Vegetable ' . " ' We do-riot tnow a more valuable edible plant root or vegetable than. the Sweet Potatoe : its pro- ductivene.4S is really astonishing, wonderful. In mil well adapted to its growth, we have heard of 1500 bushels being housed from one acrt ; we have known over SCO saved to the a'ere repeated ly, and we have evidence of 1200 bushels being ra't'uHv measured fronrone acre of a field often. t det-iile a bet, manv years since. 1 here ia no difficulty in keeping the'm nw, nearly all the there is no d.fiiculty or extra labor in ihe tion.' Plants are easily saved and kept; one bushel Is quite enough to plant an sers. ' ' " :" The best soil for Sweet Potatoes is rich, loose and new : stiff clay does not suit them. Deep plnughing is just as necessary as 'tis for every other agricultural production. Let the beds be made just four feet from the centre of the fur rows between ; throw the earth up with a heavy plough as high as possible, and then the hoe labor will be light; make the ridges eighteen inches impression from the perusal of them than we dp, j e financinl reguhu ots of our foeterme-w r if they can imanne anv form of annexation whatI fhef. whOkJ f f ug into hetT'reaanret u-J akatt ttia Xlstitimtt it .1.. JmaJ-T nnfll m-rrm 1 ilmMrlTfl l.rrUn-nA iim wm,w t i . . tt avtitr.k tmriittlrt' itim aMnt.ita' it rm mmtmmTmA k ' I fl? kr Itni lwhtfiVm t'i . . ' the -authors of these eoinmeotaries. r Tf ? ? , - i --- - h r Motional . InUttigencttg .'.'-"V;'- '' ii 5 . : ! ; f ' J " aMaaaaa ' -.1 f.XI , . ' -rROM THt OltVESTO?! tlTO.!.' The 'acticle' wliich we copy to-day' from ihe National Register affurda jfrafifyitig evidence hf return, on toe-part of 'the fneaus of annexation tin this country, to a proper. seiisu or self-respect. and an understanding ot tho jmibuiou which I oxaa may and ought t-assume iii relation to the ques. tin nn.'iVfAnil.' IvAt-irl :,Ia' !4aKiiaaft Ii4va ijwf sigbt.of the homely adage that it takes two to locate or ht cause of .annex itwn ; but nevoid d make a bargain : and oly studied how to shape 4 eam 1 tb. PP ,,f lh!. Pl of Tfx. measures so as to roalce the reciprocity all on wott,d,? P"?ositioa ,o tu,d 'one-stde nntihat length their utter selfishnese oegradwp, ae tbe one propounded ,by ibis and disregard of th res'pect ilue to Texas as an P,U' '2?? no! now adru!t ffur- independent nation, which hua thus far maintained her nationality rights, and liberties, begins to produce the natural fruits of disappointtnent and aversion in those of our citizens who had looked to that quarter for a magnanirmMis 'and disintcros- !iit romrit fur nnp Ivalfar and tia iinina . -- I'lua helpless and perishing beggar mv without hesi ,ne.rc Europ is.ahoat to pour into oar hp, I tition laccept tiiemost humiliating conditions from.' nd in the increasing tvaae of our lands, ti. and agree to become the menial of, htm from whom be receives the means of averting famine' have her kind vernitaion tin retain nn. ..ki: , and our vuvlic drrmrrin t th. tw..... . 'ri payment oj the debt, and cirrtmserioed within $1 limits as she may hereafter be pleased to asti to our territory, in tlte exercise of her ckaraS istk " and far stretching ( diplomacy, which o.ri' reached rten to the arescn banks of fa Sabine We must Jioweyer. truckle to her pet abditioniiu by obligating oursetce to prohibit slavery north of tho parallel, of ihiriy six degrees thirty minutci known aa the Missouri compromise (ine J ' we nuve wsye orwa a warm and heart ,i ther detail. : Suffice it that we contract nu, sent elevated position as a people ser ore in tin respect apl amity of tlie great enlightenfinitioni of the earth; secure in the enjnyuieat of pece and in the sjxrdtj acmii.xitionof acknovknerd nriuc(,c , ci,uir in iuu weaun WHICH II e eem. and death : but the sturdy yeoman, w hose honest industry and strong arm afford him all the means of subsistence and proiectie i requNi e to his con. d it ion and habits in life, may well hun the banquet and the association, if invited intothe sot-Let y of the more wealthy and presuming, wheu his ac ceptance is to be coupled wi;h acknowledgments of vassalageand inferiority. rXOM TUX, (XCXAS) KAtlOJUL BECISTKB. -The Proposed Ansexa'tiox The Congress of the United States" doth consent thai the terri tory included within ina1 right futfa belonging to the Republic of Texasuxy be. e'reeted into a new State, to be called the stale of Texas, with a re publican form of government, to be adopted" by from extended occupation and ibe icyrstment 'f iwrein capuai; secure oi Decerning "the mottfa. '. vorecT by those piwerful and wealthy soweignl i tiesrwhom both interest and policy impel to rhV ' ih our prosperity ami growth, that their markeu may be supplied with our staples; and serurt ; that the inrreaee of commerce will speedily rrn. der no less consistent than desirable a great dim, inulum of our present tariff with the alternative ; presented by this resolution, ot Texas, divested ' of those high privilejres and advantages, shorn her attributes as a nation, crippled in her mm. i lorrrr, in j nrr prnsperny, in ner oomestic re. ft sources, depressed in ihe burdens of chMc debt jt J. .- a... i a : . . ia iu ru uo.ui i'i, ucr laini in conaequence ce v preciated in value ; and, in the event il final an. nexatinn upon the pnpoed basis, rur pnblic do. main not only razcedand mortgaged to secure thi the people of said Kefubitc. by deputies in Coo- payment of our debt, but even .eviscerated of m I f vllllMi iieeaiuavivu areesss uiv v"uovi.i vi J I Ji.ffxTfl$ ICC 019 with other Slates, and, th-rcforc, that iti!wa: ''lf d not ? the,m before your planta proper exercise of the right . ef eminentdorni;i, we thmk. the expression was correctly KiQsed We have no doubt, too, tbat ir i so in im r specta as to tlie modes of enforcing its (tie .rea aralion ana punismngiTs ousiruciioa. a ueNajiers expressly made an indictable offence, as;eho3 by the case now under consideration, l.tieata 's mav comnel the company bv madamus ijoTmaf calls on the corporators" to the. full arrioiint r their subscriptions, and layout th whole a pi? tl and the profits in constructing the road anckest ine it in repair, if adequate and necessary t;n Ifcjt w. mm a .w 'aw aw ersrv n a 7 t-m end. i s rase of the oectrn cf n ye nautta ijo.: ea sa Ta a Af a m t a . I !1 rann, -i u & Aia.ina. o wuue me ppinpay te in.possessi-m and using me road, it mrst te dictable fr non-repalr, usion the sett led princt that tliey sre hound to repair by their-eWa montto the public in arcep'ing their chatter aft1 occupying the road But tbat it is a highway kn the sense that it is not the subject orexeeutifci. is qiite a diffierent thing. That d?pec'upn the Legislature and Ihe silence of theliegis ture as to the liability of it to exeeu4iorrieeesii arily leaves it thus liable. Roads of thi?v$rjd hiife peculiar properties having a double as, Wctlie- piibinr service and private profit. - But bih mit necessarily yield, in honesty and justi.-tne. consequences ot ine nnpracucaoiiiiy oi onsTPUiM tmg and keeping up the rod by the rnsnt pr,- v:deq ty ihe charier, ana wunout cotraciifg debts for those purposes The public fcles ri$ obtain an abeolutc right to require- tlie fntpnr tnrs to construct the road, by the accerfance Jyf the charier and entering on the Work. ?rhe !, pgement of ths company is only to layotit ;te' rapitul assigned them and Butfseribed : styi p that extent they may be compelled to pr3cedw If th-t be not adequate, it is simply acatp of mi calculation of estimates by both sides, jjind ti public loses the nse of tlie road on its s ide, a) id the rorporation loses its purchase and csfjiUl, uH hts there be a new agreement, grant inj j j'urthjr f'ciltee 'o he crpra'i'n. But sujV ffo road to te rompletsd or kept up by cot fsicticg debts and I-t eurh purposes only can -tt-pfrin roiitract debts or suppose 6e ro0 to mrur a liability for damages p an f- psnv divi.'ual ; it is plin, we have seer, thit the ce pore tion ought to pay these debts or datiages- Xow, ean it bo imputed to the Lrgislature, thait intended in passing this charter, that sdjbh- deVls shontd not be paid, end that, in order to prevent jie payment of tbepi, the public prerogative to i right of. way rhould be amertee, and, under ceverioi it.,tae road should be preserved to the eorporationf4s its ri rate property? Ws think, clearly noL fauca tiling bad been asked foria thecharter.it wiuldiba re beeu tiirowa out of either bouse of tho BsMrt&y. avi- ih di-wmt and scorn. If tbe lVjnaUture wermakl',r tlie road on the public account alone, the piMie'fah! Tryni'i or inn 'jariniT nm an ormancM ict lapor or matf rials laid out on, it, should be. fairly pail' -So it was not the iatrntion of tho legislature, thai this irt'sd ehould not be paid for, or that it should bo bilftat f he expense f any person buCtEe corporatom. ffne p? lie wonld not have it on any such terms ,Sd f (tr eoui, .who have laid out their money or lavior onr it. Can no otherwise obtain satisfaction but by;a'S'of the r?ad, there ean be no doubt, that the po'aticjlijlht to give np and Intended to give up tho convfnienefof the road, rather than do Injustice to the cui&ri oTvie nying hira compensation for making it Ife panic cannot hare the road and tho creditor of tbo com; ti ny o be paid : if one must yield, there 4aa beso hesitation in saying that tho public ought Ad jwod promptly yield. If the public should iosis t?ponts rights, then it is bound to make compensaConvto i ho creditor out of tbe treasary ; for it ooght not tdtf tr bbnto remain nnpaid for executing what I elaia: ed asapoblie work. But no such obiiarationl bas 4fcr beeo supposed to lie on the State ; simply friths r,V son, that tho corporation was properly liable. Jut that cannot be rendered effectually liable, vn) tm through the instromentaliiy of an execution set?d upon its property. We do not know, whereforee company did not pay the debt for which tbiBsaJo i ut made. But whetberit arose from want of meIiBai!ii or ability, the fault or misfortune is tbeir's and I hm btate never could have intended to interpose vt screen either a solvent or insolvent eompant-fromXha payment of ita debts. If tbe corporation be msolyi-nt, H must, like every other insolvent debtor, ffive.nr'it. property, unless the State either assamee its dehi1 of are nearly ready lb set, otherwise they may be come soddyor bardeued. The plants are often placed immediately in tbe ridges ; this plan may do very well when you hare seed in abundance tjO plant and replant; but we think it best to 6edj the plantings in rich mellow soil, elevated se as t keep the water off. and narrow enoush to draw - . a. a t , K s-roits wr-hoat trampling inem. vvnenftney put forth a leaf or two iheyBre ready tn place in the riJges, which must be done in rainy or moist weather, and the cariiet aiier mere is no nan per of Trost. the better. In this State the plan. tines may be bedded in the latter part of Febru ary, or any time in March and tlie ridges prepar- ed aa aoon as the sprouts begin to appear hand somely. They must be kept clean to secure a good crop ; carefully weed-, and the grass and weeds kept from the whole new. Alter the vines begin to run, then draw the soil well upon the ridges again, first ploughing carefully between. Sweet Potatoes sell readily in all cities, towns and villages. There is no better food for man or beast.' The best of the various descriptions is called in Mississippi, Yam; in North Carolina 'lis well known as the bumpkin Spanish. The medicinal quality is valuable and important- When properly baked they art rey siceet. Child. ren'are very fond of them, and they.are a sbver eiffn remedy for the. summer complaint.,", Hor ses. cattle, sheep and hogs eat them, greedily and fatten upon them. Negroes are always hap py when they have a plenty of Sweet Titer' -and negro children never want any thing else. With the least attention, properly given, 400 bushels to the acre can be produced ; value them at forty centi, (less than they ever have been ting Government, iii order that the same may be admitted as one of the States of the Union." Such is the language of the first section of the resolution which has passed the lower House of the American Congress, What is its import? The answer is, that, ws must Jay aside our na tional name, abandon our present Constitution. erect ourselves into a new State, adopt the appella tive ot tlie state ot J exas." orgauize a new Government of a republican form, by means of deputies assembled in convention, and, after, we have passed through this prescribed retention ; after we have thus voluntarily deprived ourselves of every feaiure and lineament of that nationality under which our independence has been recognised by foreign Powers ; after we have, in fact, ennt hilated our identity as a community, and repudia ted cten our name, so that we can neither know nor be known in the rank and seat amonc nations which we have hitherto occupied, at least .without dishonor, and with the consent of the Id world and the new ; after all the sacrifices and ill this, degradation, what shall we have gained! "what shall we have accomplished ! Annexation t6 the American Union 1 No; not even the promise of it. ..V.;',-- ' Under such crreumstacres, aH .ocr connexions with foreigu nations would be dissolved, our re lations toward' them .changed ; all advantages accruing from past negotiations cease ; for: no one can pretend that the great European Powers will continue their amicable intercourse wild our Government as tlie Republic of Texas, under the name of the "Stale rf Texas, habited in the garb of a suppliant for admission .into the family of American States, the very cut and fashion of which have been prescribed by their Congress. Why; in such a guise we should not even know ourselves ! In su-h a state of national abeyance and limbo, we could neither assert a separate in dependence for ourselves, nor clanvny Bpecies or alliance or connexion ever known by any name "given under heaven or among men,'' with any other Government In such ah attitude of mor tifying and humiliating inde&niteness, we may Well be disavowed, aa a distinct nation. swell the ruhlic Treasury. This is, indeed, but a dim and totally inade. quale view of tbe actual pit and grave of ineig. ( nificance and infamy into which the House of f Kepresentatives of the American Congrers bars proposed to plunge this nation. ' Since he, miscalled the tnoraing star, Nor toaOj aor fiend, bath fall's so fu.' I From the Greensboro Patriot. DECISION ON THE LICENSE LAW. The decision of the Supreme Court nu ths power ofthe Justices of the County Court in the adminisfration of the" law regulating the Retail. ng of Spirituous Liquors; has been recrivea it the Superior Court Clerk's Office of this County. , The subject eaine before the Supreme Coort in the case " Attorney General, on relation of C. A GillaspIe, r J- A. IJebane; tt ni" and went up on a motion of the Telaior made before tbe Superior Court for a peremptory mandamus; to compel the Justices to grant license to said lator te retail in the town of Greensborough. TEe Supreme Court decided, that, because is not a case for a mandamus, tbe judgment of the Superior Court must be rerersed, and tlie am. f. tion of the! relator for a peremptory mandamus refused.: I "1 1 ' X The opinion of the Supreme Court was del. vered by Chief Justice Rrmr : it is Jong, covering the whole cround, and defining clearly the powers and duties of the Justices ot the County Court in . relation, to'this subject,) -We pmpnee to ropy it Into the Patriot :next week. In the rsein timei; we preseni our readers! with the t dints embodied ' in the decision, j made but-at our request by 1 1 I friend in the legal profession. It is decided j : ii .i : n ni l re. this By all ear kind and kin, when they - : 41 Compare our day and yeeterday. And, having assumed this eouivocal posture. a " asa. 4t A a. ai . . I m ' ' . - . sold for,; and vou have 9lou tor one acre, which by ihe consent of the American Congress, M in in Cotton is not worth over, was. . Sweet Tola- order," as the resolution declares. M that we may toes cannot be raised North, and our steamboats be admitted as one ef. the States of Ihe Union. can find markets up the Ohio, Mississippi, and Missouri for tens of thousandaxifhoshehi. That's the way to tnrn the " Black Tariff upon the Yankees." ST The case of Capt T. Sangstejv for an as- siult on ex President Adams, was tried in; Wash irrton. on Wednesday. It will be 'rerollerted lluit thi assault was made last winter in the Cap- itnl, and while the House was in session. Mr. A fame; In Jija testimony '.on the friaU silted that at the time he thought Sangstermust have been in. sane or intoxicated ; that a few days after tha as- saulthe received a letter which perfectly satis- 15 d him. that Sangster did not commit the assault with any malicious intention, and he freely for caye htm, hoping that, so far as he was pereon4lly Concerned, ho punishment might be infiifeted. The Court, notwithstanding this,' regarding the aesadlt of an aggravated character, sentenced i he prisoner to thirty, days imprisonment, and "a fine of 8109; A petition wjs immediately got up color' of their express consent. t?i. !. j- l - - i . . . . . ..... .. it.. . lion, thenire ere Imdmto them, but tlrevaie wifboend timo us. Weaie ve4o-au-4uad for the Jaurth time, to knock at tiieir door, for admission, - on or before the first day of January next,, with oar new Constitution in -our hsnd, when that Congress I -l ' tr . win law aetr Jina. action i ior or agamsi, as ine case may be) on the subject of our application. This' is the1 substance and extent of their guaranties, paraded,' as tlie expression is in the resolution, under the imposing grammatical form of the plural number !' Have we any pledge tbat we shall then be annexed No ; they only promise mat uiey wni once more consider the proposition, and lake what they are pleased to A .u:uc I .r . . ' , wcuuiiiiuaia; tnvir uimi aciK'n npon lu Ann. judgmg from the language they now hold, we have noising more nor less to expect than that they wilt then ' spurn,' us as before for they can do so without violating any pledge. But, if we ' adopt the course indicated by the rrsujuiKm, weoo eo uwie-r ine formal sanction ano This would be a for'a pardon, which M.A Ada,rn signed. : War, (says Channiftg) adds to sufiVring' the ujioueraois wetgui oi crime, soar aeieats the ho ly and blessed ministry which all suffering is in tended to fulfil. The terrible thought is, that tbe a. w ful airHHMit of suffering which war hat infiict- ed, has bceiMbe work ot crime ; that men, whose great law is love, have been one another's buich rr; that God's children have stained hi beauti ful earth, made beautiful for their home, with one .another's blood ; that the shriek which comes to nsfminall regions and ages, has been extorted by human cruehy; that -man has been a demon, and has turned earth into hell" ,: -'- i The struggle, of Johx C CaLHotrs for a better position is not inaptly compared tn that of Fit z JarmM, and tbe comparison is doubly sppropri ate when we remember the position he now holds tdwards the new Administration i . M Twice have I sought Clan Alpine's glen . In peace but when I come again. . I come with banner, brand and bow, As leader seeks bts mortal foe." We shall see what Mr. Calhoun will do when he Cfmes sgsin, ith banner, brand and bow, So'fr his cumins? have all been the short-corn. by avflaia and nneqavoeal act declares tha exep- tip g f his hopes and, better than any other man. tion of its property. If tbo Stale chooses still to veil road, ft may elthes enable this eorporatis to tacit adroiasion on the part of the Government and people of Texas qf the authority of that consent, and that would ij ply at least that We could not lawfully act lit tber prescribed mode Without it No doubt we should De forced to Cavrow largely from the efficacy of that same consent, to carry us through the conspicuous pan assigned to us in the ridiculous farce thfrt? prepared -far exhibition. - If the people ol aa chWe to revolutionize their Government, and msiifute'some new and different republican organization, they may do so without tlie leave of a foreign Govern mwfit Mj(rs had and obtained." But t he 'United States have acknowledged our title to" be recognised as an in dependent nation, both ic fact, and fe jitrt- Should we adopt the course designated by Jheir resolution, we ar once lose the beneGl of that ae. knoicledgment. - We pas into a state of imbecile and hopeless dependence upon that Potrer. t Ta be annexed ! Certainty, never untii , thmr :ni. ring partisans shall cease to need i he ntatmrini e now furnish them for the manufacture political j jupuau vor reiaiwns wnn other (governments dusotced, and our own 'natitwaJitr renounced, the United Statee may consent to noW-as they shall have consented. to place its-r'm a" stare ofpenulti. matr bvt unaccomplished, annexation. , tut even this consent of the American Con- 1. That ihe Justices haves discretion to grant or refuse a license ; bu; tbat it is a sound legal discretion. J . I I 2. That the Justices have . no rirriit to rceolfi t that they, willarrant a license to none. - 3. That jibe Just icesj are not bound to grant i license to every-; applicant who proves himself is : the manne prescribed jby the Act of AssetnUj Hbea man of good joral character,; but they have a right t refuse 4 license to a man of rood moral character on account of (lie place where , the tippling shop b tobe located, or because tbe public convenience doeVnot 'require it, or becius a tufScieni number hajtb already been granted to supply the public' tyquiremenis. 4. That no mandamiui will lie fromaoy higher ;; m- ' . 1 t . 1 - If L . I V Vrfiuri io rompei mem 10 gram a itccoae.- 5. That h the Justices, on a fit and proper olicatinn beiiur inade. shonld from corrupt tne tives, or from feelings of 'personal hostility na . onnressionJ refuse a license, thev would be liable - h 0 Ifthej Jattiees should commit an bonest ermr in refusing x license, they are in no wJ liable or amenable. Win ciCGiiT BT taps It is said that tit Winne bairo Indians catth their wives by seltiff traps for them-in other words, whenever a yourf Indian taltes a fancy to a squaw he leaves steel trap in front ef ber Jodge al night. If th is taken M by tlte father the squaw is not expec ted tn out her far it, that inatter. at all tbe contract is not considered settled ; if nst, aad tb young man deems the coppered colored lair o worth an iextra trap, he leaves two, . sometime three. Whenever the Iran or traps are taksn i the tnarriare ceremony at once comes ott In morsi civilized society the reverse is some- times ine case the trap is set or me e ocr r' v - Ntw llLjirsHiitB Ectio.i The New lW shi re Pat net gives returns fmen the Congreswa. t- al election, whivh-ebow that Mr. Jof Woodbb- XT. of Exeter. I defeated s a candidate for ton- gress m Tilaee of Mr. . Johk P. I Utt zed for takins? arrotind airainst annexation. 1 Democrats of Wew Hampshire were called sfx to' enataiin lh narte tneaanre. aad Mr. Woodif xt was held up ss ibe representative of annexst ill Ne Hampshire. - He basfsiledofan eleetioj nAtwithatajdiofr the overwhelmior strength f the Democratic party it that Slate, and the tn utnnhant stand that the Texas party has acquires from the passage of tlie Joint Resolution. T imba iiiratirue nmimv innn oi iisrm inn Hampshire, which even the most sanguine hardly expeeteil: ( ,' . ' ? A Sricfftrukx CtBiwTAJtt:av--We are his muM iliustratehow true it is that "man ne ver is bat always to be blest -AT. Y Express. told - m- that on Wedaeauiaa bmKwhibi mam boVS werS DJ t inw a kite en Federal IlilL a flock of wild Z- came along-, the leader vf which by some me became entanrled in tbe string ol th kite. gress, meager and. valueless as it isle the people: boys drew the kite down and wilavit the g' d Texas, knt Lvr tvliirh u in rvtnird tm aritr ' wKLrh IhWv mTA anJ have now 10 poSSeSSlO"' to the United States a lien vnohour conns sot-: We Teirture to sav that never was wild go0f creTg-nry this worthless consent, as if begrudged . caught in! such manner before i'sn. A f
The Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 28, 1845, edition 1
2
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