Newspapers / The Weekly Standard (Raleigh, … / Feb. 5, 1845, edition 1 / Page 2
Part of The Weekly Standard (Raleigh, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
struct works of Internal Improvcmr nt ; and these States have as yet, I brieve, managed so as to pay the interest on their debts, but it is totally and ut terly impossible fur eeen thec States to pay the debt which they owe in England. If such is the deplorable condition of the States which I have just named, what must be the unfortunate conse quences which must ine vitably ensue to those States who are so deeply involved that they can not pay the interest on their debts? 1 beliuvc that the Suites of Pennsylvania, Maryland, Lou isiana, Indiana. Illinois and Arkansas, have not been able in some time to pay even the interest on their English loans. This is an unfortunate and ; thority to sell the said Portsmouth and Roanoke Rail Road including the Weldon Bridge," and makes no provision whatever for the title Capt. Rives hns obtained to the Bridge and 17 miles ol the road, and for which the Company have re ceived a credit of twenty thousand one hundred and one dollars on the executions which he held against thr-m. In the discussion of this subject, I shall in the first place call the attention of the House to the in terest which the State of Virginia has in this road, and the impolicy of our legislating on the subject. In the second place examine the title of Capt. property winch he hns purchased, Rives to the lamentable condition, and one that I humbly trust j and the liability of the property of corporations North Uarolma will never be placed in while to the payment of their debts. And m conclusion virtue has a name, or liberty a friend. We now I give-a brief history of the trans 'ctions connect- behold about twenty of the sovereign States of this Union, involved in a debt of some two hundred and fifty millions of dollars to British Stockhold ers, li is a system that I wish North Carolina never to embrace. It is a system calculated to "enrich the rich man's field with the sweat of the poor man's face." And whenever this system of legalized plunder, of enriching the few at the ex pense of the many, shall become firmly engraft ed on North Carolina, and the farmers, mechan ics, and laborers converted into mere stewards of their own estates, for the benefit of foreign capi talists, we may bid a long adieu to the blessings of political freedom. I come now to pay my respects to the gentle man from Orange, (Mr. Mebane) who "has expa tiated in a fanciful and unrestrained manner on the immense benefit the Rileiuh and Gaston Riil Road is 10 a large portion of the people ; and has fuvored us with a smattering ol his ideal and sen tentious logic upon the great importance that this ed with the sale of the bridge and part of the road. The Portsmouth and Roanoke Rail Road is about 80 miles long, of which more than 60 miles is in Virginia, and the remaining portion in North Carolina. The former State owns about two fifths of the capital stock, and her board of public works has a mortgage upon all the road (except the part bought by Rives) as security for the sum of one hundred and fifty thousand dollars principal, and thirty five thousand dollars interest; it being mo ney loanrd the company by the above named board. With all these facts before us, in the ab sence of any expression on the part of Virginia who is deeply interested, in the absence of any ap plication on the part of the creditors and stock holders, would it not be premature would it not be presumption in us to pass this bill 1 It does seem to me very strange that the gentleman from Halifax should volunteer in this matter, and dic tate to Virginia what is best to be done with her property. res sir, the gentleman gravely pro- road is to thp public. In the extraordinary zeal ! noses to sell out the old and create a new compa displayed by the gentleman, he has said but very ! ny, when four fifths of the road and nine tenths of little pertinent to the qurstion now before the all the interests in it, are in another State. Is it House, and without wishing to tantalize the seem- right, is it just to pass this bill ? It is not, because ing vacuity of the cntleman on this occasion, 1 the bridge and 17 miles of the road about which would most respectfully say to him that many a it proposes to legislate has been sold and no long proud word comes from a weak stomach. The er belongs to the company. But says the gentle iiniliustratrd supposals of the gentleman, however man from Halifax, this bridge and road cannot be well-varnished and specious he may suppose them sold for the dt-bts of the Company, because it is a to be, was void of all instruction, as they breathed "public highway" and the title has not therefore throughout the evidence of the infirmity, frailty passrd from the company. This brings me to the and fatuity of human nature. The gentleman in- second branch of the subject: The Portsmouth formed the House. I believe, that he was in favor; and Roanoke Rail Road Company is independent authorizing the Governor to bid for and on be- of the Legislature, or creating power for a term half of the State, the sum of $100,000. and even t of years, provided it conforms to the provisions of more than that, if it should become necessary for the Act of incorporation which it promised to do the purpose of saving the road to the State. But j by accepting the same ; it has an unquestionable why will not the public be equally as much bene- right to all the property it has acquired'ahd is be- uieu it mis roau belongs to a company ns ir uwasj yond the reach ol the sovereign or legislative to belong to the State? I should like very much j "power so far as the right of property is concern to know how the people will receive any greater cd ; and it is the province ol the judiciary to pro-advantagf-s from this roryl should it fall on the i tcct the corporation in the enjoyment of its pro hands of the State than if it was owned by a com- ' pertv against every body except creditors. psny of individuals? The road cannot be sus-! Then it follows that the claims of creditors are ruined unless it is patronized by the public, it j paramount to the claims of the public, and that makes no difference so far as those who wish to j the public cannot require its use at the expense of avail themselves of the conveniences of the road, creditors. If the nronertr be taken to satisfy crrdi- vidual who had a lieu on another" party tell and end its existence. But how will the gentleman's doctrine work in hi own way? Suppose you attempt to sell the road entire, would you not have to sell it in as many par cels as there are counties through which it pass es? The sheriff of any one eounty is not au thorized to sell any property excfejpt what is situat ed in or brought into his county. So you sec this doctrine of the gentleman from. Halifax is absurd n any view which you will take of it. The gentleman from Halifax (Mr. Moore) on a former occasion, asked, if a rail road could be sold and its sills and iron taken up by the pur chaser, could not a canal also be sold and the masonry of its sides and acqueducts be taken op also? Sir, the gentleman knew very well that the two cases were entirely different. In the latter case " the property is held by the proprietors as tenants in common and is real estate. See Dis mal Swamp canal charter, page 221, 2d vol. Re vised Statutes, ahn, see 2d vol. Revised Statutes, pages 240 and 266 But what is said about the sills and iron composing the superstructure of the Portsmouth and Roanoke rail road? The char ter declares them to be "personal estate" and the property is not held by "tenants in common" but by an ideal person. Thus it will be seen by this House, that the gentleman did not accomplish so much ns he imagined, when he asked that question so triumphantly, as there Is no similarity in the two cases. As there is no statute bearing directly upon this subject, I wish to direct the attention of the House to the Acts of Assembly of '40 and '41, for the relief of the Raleigh and Gaston rail road, page 92, and it will bo seen that that Legislature took the same view of this subject that is taken by all those who are on the same side of this question with myself, and that they regarded the super structure of rail roads as subjects of execution, cannot admit of a doubt. That part of the Act to which I allude is in these words, "that the rail road extending from Raleigh to Gaston, and the engines and other apparatus necessary to its use, and all the lands and houses, and oilier fixtures that are attached to the said road or are conveni ent to its use, shall not be liable to seizure or sale by execution at the instance of any creditor who may hereafter sec fit to contract with said corpora- terms with the company, without success, he de termined to take possession of his property, (which the company had been using from the time of his purchase) and brought on a parcel of hands, and commenced taking up the iron and rails, being informed in the mean time by Maj. Gwyn that he intended to resist him with an armed force, which Rives no doubt regarded as only a threat, as he had a most undoubted right to his property. Maj. Gwyn resolved to carry his threat into exe cution and in -addition to the effective force which he could raise in the neighborhood, he sent off to Portsmouth for an armed company of volunteers; and what is still more ridiculous, his friends there endeavored to procure a six pounder to bring with them ; all for the laudable purpose of preventing Francis E. Rives from taking possession of prb perty which he had bought at a sheriff's sale by which he received a bona fide title to the same. To place the conduct of the Portsmouth com pany in a true light before the House, I will re late an occurrence which took place about the time Capt. Rives was expecling to obtain judgment against the company in Halifax county; and I would here ask the gentleman from Halifax if the Court in his county does" not take place one week after it does in Warren county ? The gen tleman refuses to answer. I take it for granted then that I am correct. On the 17th day of April, the week before Halifax court, Maj. Gwyn, Presi dent of the Portsmouth and Roanoke rail road company, confessed judgment at Warren court in favor of A. Joyner and T. T. Wyatt in one case, and the Trustees of Portsmouth in another case, on both of which executions were immediately is sued to Halifax and Northampton, that they could be levied on the road &c. before Rives could get his execution in Halifax, both debts amounting to about e,UUU dollars, and all the plantifis except A. Joyner, living in Virginia. Thus showing a deliberate collusion between the company and a portion of its creditors for the purpose of cutling off another creditor ; and thus showing most con clusively and triumphantly that the company re garded their property as subject to execution. Sir, I am not disposed to enter into a course of crimination and recrimination, or to bandy epi thets in the discussion of this subject. If I were, time would not permit. I will therefore only re peat in conclusion what I said at the outset, that You soon after sold oot your establishment to mi.. pounced upon and so distorted as tn , tnmg out what it was designed to be ? i, atl7 fine, does the Register manifest sotrernbl jicmiueupon me subject? Is he ih Mr. Holden, the present able and efficient Editor of the Standard a gentleman every way qualified for the station and. so far as I know (and bat few have a better opportunity of knowing) his course has met the approbation of the Democracy of the State. Not wishing to occupy too much space in this week's paper, I must leave you for the present, with the assurance that you shall again hear from a Democrat of the Wake co. Feb. 3, DARK CORNER. THE STANDARD. IU1JLEIGIM JT. C. Wednesday, February , 1 84F. tion." The act further declares that the object of i I stand here to vindicate the claims of justice, and who may be its owner ; and, Strange sach a difference there should l, Twist tweedledum and tweedledee." The idea therefore that the public will receive greater advantages should the State become the permanent owner of this road, than if it belongs to individuals, is utterly preposterous and absurd. I cannot conscientiously vote to authorize the Gov ernor of the State, to bid for this road to the a mount of some 8400,000, with my present views ef this question. I want the road sold as soon as practicable, and let those have it who will give the most for it. tors, and the consequence is that the corporali cannot perform its duty to the public, then REMARKS OF MR. SCALES, Or ROCK I NO II AM, In the House of Commons of the late Legislature, ion en it will be for the sovereign to claim a surrender of the franchise. I contend then that a corporation is a franchise, J I .l.r- . ana unaer mat irnncnise it can acquire prnpi rty, and that it is fully competent to separate tin- pro perly from the franchise. Therefore it follows that the sovereign has no claim on the property, but the creditor has: thnt which is tangible can be taken in execution and must go in payment of the Legislature was to "protect the public inter est against any improvidence." h. is evidrnt there fore that that Legislature looked upon those arti cles as beinor subject to execution. If they did not so regard them, why did they adopt this negative legislative provision? Then I havetheir opinion as expressed in their own act to sustain my posi tion. But to make assurance doublv sure I would call your attention to the legislation of other States upon this subject. For instance the State of Mas sachusetts, which I have no doubt will be regard ed as good authority; her Statute provides that rail roads and all their fixtures, and even the fran chise shall be subject to execution to satisfy credi tors. I could refer to m.inv other States who have similar provisions in their statute books; hut what has been already said is sufficient to sustain the position that rail roads are and of right ought to be subject to execution in payment of their debts. But sir, if I should be in error, and the doc trine of the gentleman from Halifix be correct, it should not be tolerated for a moment. An act should be passed at this sessiou of the Legislature the rights of individuals, let them come from what ever quarter they may. Let us never do injustice to gratify our private prejudices and feelings; let this temple didicated to the honor and pride of the Old North State, this monument of the mu nificence of her citizens, and the advancement of our countrymen in the arts and refinements of life, crumble into atoms; but let justice be done, though its recipient oe a savage or a neatnen, a Jew or a christian. debts ; but that which is ideal, the franchise, can ! to remedy such an evil. Has it. come to this that betaken by the sovereign, when the object for companies are to be incorporated without making which it was granted, fails to be accomplished: their individual properly liable for their debts and according to the; opinion of Chancellor Kent, it is the imprudent act of the corporation il3elf that has been the cause of its utilitv bein interfered on the bill to reorganize the Portsmouth and ! with, by contracting debts it could not pay, or by Roanoke Rail Road Company. its own act of insolvency. In the remarks which I Dro- Mr. Speaker: pose to submit to the House on this occasion, it will not be my purpose to discuss to a very great extent the question of law that is involved in the pnmge of the bill now under consideration. I am no lawyer and do not feel equal to so impor tant a task, 1 leave it to those who are learned in the law, and better able to do that branch of the subject justice. But I propose to lake a common sense view of the subject, and in so doing, to of fer such reasons as are conclusive to my mind a gainst the passage of the bill. Before entering into the discussion of the mer its of ibis question, I wish to notice some of the remarks which fell from the gentleman from Halifax, (Mr. Moore.) Sir, if a stranger had stepped into this Hall on Und er oj insolvency. no circumstances could the State take and a christian- and the very same persons who oppose individual liability, turn round and tell us that we shall not only not make the corporators individually liable, but that because they are a mil road company, the property of the corporation should not be taken in execution ? Sir, is not this the most a- more than the franchise (unless a creditor) because bominable doctrine ever promtrlgattd to a repub j can j Corru it would have no right to take more than it gave. ' 'ican people. fruit ye "hall ri gave nommg out tne ironcliise, and therefore could demand nothing more. If the creditor p'ursors the legal remedy point ed out by the Revised Statutes of North Carolina, (and I wish the House to bear in mind that our For the North Carolina Standard. MR. THOMAS LORING. Sik : Your position is a public one, and I there fore address you without apology. I will take occa sion here to say that a press of other duties pre vented me from paying that attention to your course which I should have done before this. If I use language unsuited to your polished manners that may grate harshly on the ear, or pierce the heart you nnist bear with me, r collecting that I am nol the assailant, but rather acting in the defensive. You have provoked me to it, by your unmitigated and uncalled for attacks upon the Democratic Re publican Party; by your misrepresentation of mat ters relating to individuals connected with that Party ; by your base betrayal ot the confidence re posed in you while acting with that Patty; and by your seeming to "have thrown offnll the restraints which truth, justice, er propriety might require." You have the reputation of being a gentleman Texas Judge Mangum The Register. The Resolution of Mr. Milton Brown to an nex Texas, has gone to the Senate, and has been referred to the Committee on Foreign Relations. The Globe of the 29th January says : " We inquired to-day in the Senate, whether there was any probability of the act of the House obtaining a resurrection from this opium-smitten committee, and learned that it was hoped that some time dur ing the next week Lazarus might come forth." The same paper comments on this state of things : " Well, is not this a very promising state of things when the greatest interests ibis country ever had are at stake, and which its must vigilant and powerful enemy is reaching with eagerness to seize ? The last sands of the Congress are running. A few weeks postpones everything for a year; and still the federal Committee on For eign Relations is in a state of incubation, trying to warm its benumbed faculties so as to produce re ports mark that! mere reports out of the two great ostrich eggs ot Texas and Oregon ! ! and by the time the reports burst the shtl!, the birds to whom thev belong will have run off; and then Texas and Oregon must take care of themselves. ' The truth is, there is an evident intention on the part of the dominant party in the Senate to defeat the great measures of the country by delay. When the session commenced, we predicted that the public will, so signally pronounced in the presi dential election, in regard to the immediate steps which should be taken to preserve Oregon and Texas from the grasp of England, would be dis appointed. We are confirmed in our apprehen sion by the conduct of the federal majority in the Senate. We sincerely trust that the democratic minority will do nothing in the way of embarrass ing action on the important pending question, so as to be under the necessity of sharing the respon sibiliiy with the enemies of Oregon and Texas for their loss, which will weigh down forever all con cerned in it." We trust the prediction of the Globe will not be verified. We trust the " public will, so signally pronounced in the Presidential election," trill be carried out, and that Texas and Oregon may both be saved from the grasp of .England. Is there not in the American Senate enough American pride nnd American feeling to lift up Senators high above little party issues, nnd unite them up- a I . t mi i on a great national question t me Ulooe is right in saying the loss of Texas and Oregon would " weigh down forever all concerned in it." Hostility to Texas in this region will be a miJJ stone about the neck of any politician will sink him from the shore, and put him out not upon but under the sea of public condemnation. Is will ln8t l- " Senator Mangnm's consrienr o r. .toot - .. r lOCS hft Mr. Badger fear that the colleague of Sen wood will yield to the voice of the countr' unite with other Whig Senators in suppnJ' great cause of annexaiio nl We trust th ator Mangum will heed none of these th,n ? country calls unon him fnr n j . e fc ueea . i. step forward and perform it England pa foot unon our viro-in sniU hnA .,r..-i n,,li ' o uuiuris uiw ., i- n . .. r-w iom, """1V -ommwcu uaK jet him " the real strength of the country to ren! k solence and humble her pretension l0. And has it came to this ? Has party fettered men's hrnrt unA en , ' "H , oiuuiuerea ail h' i, and patriotic sentiments, that a democrat can no appeal to a whig without incurring the tation of political dishonesty? We seek t0 die" no man we use the Register's term ? approach no man with "smooth flattery V rQFtT rm KnrarIn nra mnl. "uu "o compromise duty or principles ; but upon a great national J tion we claim the right to be heard even by tor Mangum. The present is the most Cr2 moment of his life. His fortunes are in his hands. Aye may make him no may marT hopes forever. Let him look to it en. ; ' late. 'II! The Register is pleased to allude to our" dictions" in relatin tn tR -l . . "'tenons joij Stat Tml v 1 .wwj uium ue jnor of fountains of his own charity, so far nt concerns himself, inexhaustable. Has he foreottm l pn-uicuun oi marcn last Hag he fi that he then gave Mr. Clay 223 and 40 Electoral votes? But we will not on that score. "gotta Co!. Poll, 'aunt hira The THE TEXAS VOTE. Tk.T IT 1 f m . new iorn morn in? JXewa .;. .t. m - .j ni.ua tin vote in the Housed Representatives on the Ruo lution of Mr. Milton Brown. It ivlhe seen tint eight Whigs Messrs. Newton, of Virginia, Ste. phens and Clinch, of Georgia, Dillc tt. of Ala bama, and Ashe, Milton Brown, Peyton, and Sen ior, of Tennessee voted for it; and twenly-righi democrats fourteen of whom are from New York voted against it. One hundred and th Democrats and eight Whigs voted for the Rm lution, and seventy Whigs and twenty-eight demo crats against it : RECAPITOLATIO.V. A yes. Lfein. niir. Statutes declare "that the property of corpora tions, both real and personal, can be taken in exe cution " for the salt'saction of debts ; but, per haps the gentleman from Halifax may be able to prove that a rail road is not a corporation) ami j 1 he Legislature passes an act fo incorporate a rail rond company, which gives them the full power and authority to go upon the lands of oth ers and have it condemned to their use, nnd pro vides further that the" damages shall be assessed a cnristian at least with some nprniu I A. - nrvf vn t it ic irpnra In ui km sessed of either of these qualities, I leave for others i there no Whig Senator from the South who to judge : it is of you as a public man that I intend rnect this question like a statesman? Where is - v- -it - . io spea. reupie win draw inferences, however a gooa tree cannot Dring forth evil fruit, neither tree brinr forth coed fruit: bv ye sh:Ul ke.ow lbi-m," said the Saviour in hi ! he will prevent Judtrc Man euro from takintr his . I. 4 - f tl - I 3 D O si" u uii i u tf iti nr - i in nnmn niipj o .... .1,1 - ....... u. ....... j , W U ITUlilU tney siiouiu uo unto you," ts an injunction which should be the rule of action engraved on the heart Senator Mangum ? Dors the Register under take to answer for him ? Does he oppose that by certain persons, and that the company shall pay such damages ; we are then terld that the rail road which is very near all the property the cor poration has, cannot be sold for the payment of such debts. Sir, what a mo'kery of justice is this. If you and I contract debts we can be com- .0 . 1 I I vl a !.. I I -I K I prevents it trom perlornnng its duty to the public A PC1ICU IO pay me iasi larinmg it wc nave any as was contemplated by the sovereign is it nre-! t,,,nS to Pa-V wi,n- This is all w 1! enough. But if a . 11 .t .i -i.-. tenueu that he. tvnblrl hr iniliotahL. 7 n poor larmer sells timber &c. to a rail road com- yeslerday, without a knowledoc of what the ones-L-rt .Jnt.r .-.. ?,l r, . i,., .i : u 1 nanv and hauls it to them, thev can sell it no-mn I,. - - T tj..i uui inu l u I I ul ai lull WOUIU J - -- t.on was, ho would have supposed that lbs House be unless it surrendered the frnnrh L r m, A ,n I nnd pocket the money before lus eyes, and when was a court and jury, siltinfr on the trial of Fran ;-. u f,.. u.. :. ' -r : i he nnnlies for navment he is told that thp rnmnn- o r i . -. . j iu .li ina. ii, mi uy us utvu wet oi insoi- r . '. ----- -- eis J Kives lor the crime of murder or high trea- i vencu ns I s.,id Iwfi. ,Lu e,.., c .u: ! rrv is insolvent, and that their rail road is not sub- to sell their of thintr' 1S mso-vcnt anc lnal l'1(''r rail roa jeet to execution ; and if he attempts The object contemplated in creating the-corpor- ww ne gentleman irom Halilax (Air. would be produced. wvv .wio iijv. jiiu.:ix'Kiiig .UlUIIK.y. V US HOI thp nrilllM.-lfll nnrtinn nf flip nunlLimmi'c a.mnl. .1.. 1 ...Jfiu,..,w,ua,,OC I(rn,m-. U.I . r , voted to denunciations of Rives, the Petersburg ' V " Jwru,"" persons anu pro- Rail Road, and the Suite of Virginia? Why did i d"C? bet"'ren Portsmouth and Weldon." Cars, the gentleman make an attack on that time honor-1 f0?? ' are aS nec,ry 38 the road itself ed State ? Was it r.ortinent to the ouestion uodrr ! r lhe asportation ol passengers and produce" consideration? What has the Pnersboro- R-,,1 i Df lvvt3(n l.lie above nam(f points. Suppose these Road Company, or the State of Virginia to do with the discussion of the bill to sell out, nnd re organize the Portsmouth and Roanoke Rail Road Company? U the gentleman offended because President Tyler with his Virginia abstractions de feated hi parly in carrying into effect their de- tructive measures, which he wss bound to do as a cinnmliniu min Rr!l ti U Ic 1 . ! - - - ......, ..mi iiu Hiivit ii iinu t-J IN I i nn;n;nn. o ti-L ' , - ask wv. ujiiHiiiiu ujjiMi uiuac iuLjrei? f v ny speaK in cars, engines, &c of every description were to be !! Via . levteei on and sold at the instance of a creditor as f ist as the company could procure them .and place them on the road, and he thereby prevented the company from transpoi ting persons and produce from Portsmouth to Weldon, and vice versa; and it will bo recollected that the gentleman from Hali fax admitted that these th intra could be sold: I you then sir. if lhe purchaser would be in- in : j . i i . such harsh terms about Virginia and her citizen? I Q.,claDi I0J ln"f PJilingthe corporation in a silua Neither President Tyler, the Petersburg Rail ti0D whlch nd ered it impossible for it to convey Road Company, nor Capt. Rives are the State of ' R??ons P?6"05 required by the charter? Virginia. I 1 ne road is ef no importance without cars, and Sir, the monuments of Virginia's renown arc' !,s "re not l nV "K witHbut the-toad. It hcon ' iui iu iuu ouur. wneitier tne niga- enrolled too hicrh nnnn nur 'Mintrir's ociit. ....... v u . . wu.ai. a u LUll. to be reached by the envenomed shafts of the gen-1 y 33 , iemr V'ora ttaiiiaxwill have it, tleman from Halifax. The original of that naint- "0l U3ed r Want f-,ron ond rai,s on lbe r0ld ing behind yonr chair sir, f nointin? to the nortrait r Want of cars, engines, &c to run them on. oi Washington) is one of the monuments of her greatness. But Virginia needs no defence at my hands, against the attacks of the gentleman, her whole history from her earliest settlement by the aubjects of the Virgin queen, to the present lime is her own vindication. Mr. Speaker, I do not stand here as the feed " onnwl of Capt. Rives, or any one else ; with that gentleman I have but a very slight acquain tance, and never met with him, until since the com mencement of the present session, wheh I was in troduced to him in the lobby of the House. I hfld heard a great deal about the difficulty between bim and the Portsmouth rail road company, and came to the same conclusions on the subject that I now have," after a full investigation. But, sir, I stand here as one of the representa tives of a portion of the freemen of North Caro lina, to defend the Tights of any and all persons. ..wv-w.v. .....j v.. Untcu; cu lrginia or anv of every one, and especially those who take up the cross and profess to follow the meek and lowly Jesus. Your christian reputation is calculated to give weight to your assertions where it is known ; and bnt for ibis, in all probability you would have passed unnoticed, at least by me. I have had occasion before to speak of you, aud am of opinion thai every unprejudiced reader of my articles wdl agree that the position in which I felt you was an unenviable one that ol a liar, a public liar. I use the word in its most unqualified sense. So hopeless and helpless was your case, mat you nareu i.ot even attempt to confute my ar- : rcady introduced in the Senate a copy of the. Suiuiis,iur iuey were accompanied by the proof. - jj L -, , bv vour own words. On iIim solution, so entirely did he concur with the - wbvai'iuiij vile UK Cj m weapon most potent iu the hands of an adversary who has the disadvantage of having truth against him, was your shield and buckicr, your only sure defence. How contemptible must you appear in the eyes of all honorable men ! From the time of taking charge of the Standard, tsul it is said that ' the road ia rntiri nnA long as the company existv it must exist as the charter prescribes, -and the company can travel the Whole road without interruption that the road cannot be disposed of in parts, but must be sold entire. Let us see where this doctrine willftV, iuu io. i ue omie ot v irgmia nas a mortgage on all that part of the road situated in her limits. If the gentleman's doctrine be true it is a nulity, because the mortgage does not embrace the whole road. Again there is another mortgage on part of the raid, in which a Mr, Candler, one of the company's council is trustee, which minutely des cribed all the property cc-nveyefl, nnd among other things is mentioned the iron and rails, by which they indirectly admit that they are subject to sale under mortgage or execution" You know sir, that when the Weldon toll bridge company was an independent company, it borrow ed money of this State to the amount of about - , O - ,f I .' "vUJIl VM .1UUUI other State of the most remote portion of the U. i 800fr dollars, and gave a mortgage on the bridge- States, or of the world. Such is the position I oc capy on this occasion. The bill under consideration proposes that the Governor of this State shaH appoint a commis ion8r who shall (in connexion with another ap pointed by Virginia) have "full power and ao- since that there has been one formed from Weldon to Portsmouth. Now, if you cannot sell it in phrts how is the State to get it'-money ? Wohdd the State have a right to foreclose the mortgage on the bridge and put nn end to the existence'of theeompany? If so, why should Hot an indi- pioperty to get his money, he is hunted down with the ferocity of a hyena. This is no imaginary nicture it is verified lo tlie very letter in the con troversy between Fmihcis E. Rives nnd the Ports-! ,nJune 1836, until about the commencement of the mouth and Roanokffrod road company. I will now conclude ny remarks by calling the attention or the House to a lew facts connect ed with that controversy. The gentleman from Halifax was particularly careful to give us n history ot the oflences of Capt. Rives and the Petersburg rail road company. But sir, the gentleman was an unwilling witness, he did not tell the whole truth j he did not tell us anything about the misdeeds of the Portsmouth and Roanoke rail road company. I will supply the omission in his history ot this transaction, and present a view of the other side of the picture ; and it will be seen by the House thflrfSne gentle man has made a labored effort to create a preju dice in this House against Capt Rives and the Petersburg company. Sir, never let it be said that this House will espouse the quarrels of one rail road company against another. Such a course would be too humiliating and degrading to the character of our State. As the conduct of the Petersburg company and Capt. Rives has been handled so roughly, I will call your attention to the virions instances in which the Portsmouth company has violated its charter."' The act of incorporation Drovides that e company shall make annual reports to the Legislature of this State setting forth the situation of the road,, which duty it has failed to perform. It provides thafit shall not charge more than six Cents per mile for- the transportation of persons from Weldon to Portsmouth, while it has been charging six dollars for about 80 miles; and it further provides that persons shall be permitted to cross the Weldon bridge free of charge, to pro vent which the company had the flooring of the bridge taken up, out failing in their.purpose in consequence of the facility with whiifh the bridge could be crossed upon the sleepers, thay then re sorted to the expedient of hewing them to an edge, and thereby prevented its passage entirely. All the cases I have mentioned are eckless viola tions of the provisions of the charter which gave the company existence. I will now allude more particularly to the inci dents connected with the controversy between Capt. Rives and the company. 'After rnrions pro positions of tho most fedtonablo character to niakc session of the Legislature of 1S41-2 von werp a zealous co laborer ia the cause of Democracy the advocate of a strict construction of lhe Constitu tion, as contended by the Virginia and Kentucky Resolutions of '93 and '99 the champion of the Rights of the People, and the opponent of Federal ism in any and every form ; in other words, you we re a professed disciple of the immortal. Jeffer son, the great Apostle of Liberty and founder of the. Democratic Republican Party. h was a remark of Sir Rob't Walpole, 1 believe, that "every man has his price;" aad if k be true, yourself among the number. It has been charged, with what degree of truth I leave for others to say, thai you have been bought up paid to do the dirty work of the Federal party. If true, aad I know not to the contrary, you may perhaps excuse your self as did Sir John Falstaff: "Dost thou hear, Hal? thou knowest, in the state of innocency, Adam fell; and what should poor Jack Fa 1 staff do, in the days of villany? Thou seest, I have more flesh than any other man; and therefore more frailty" At the session of the Legislature of 1841-2, great dissatisfaction was felt, and justly too, at the coarse pursued by you ; and this feeling spread in all sections so fast that opposition was seriouslv spoken of, you denying that the party had any claim upon either yourself or yoar Presa, or that you were under any obligation to the party, on the ground that your "connexion with the Standard wa a private enterprize." The public know your conduct, on that occasion, relative to the election of a U. 8. Senator first the advocate for General Saunders, on the ground that two terms was long enough for one man fCoI. Brown) to serve; next assuming the milk-andrwater position of friendship to both, seeming to say it was immaterial which was elected, so the federal candidate (your present beloved aud we suppose loving I ? friend Governor Graham) was beaten ; then the ardent friend of uoi. crown, ana tne zealous opponent of General Saunders. Was there no motive bo end to be accomplished, that induced this course ? Did not a certain .Assistant-Clerkship have an in&oence ? Stich .was the contempt with which the pilty look ed upon you, after this, that you were openly and unceremoniously denounced by friends of both Gen. Saunders and Col. Brown, while not one was found to say a word in j oor behalf. Aad why f Because yoa aspired to assume the control of the party to dietate to them what they should or should not do a-task, permit mi to say, to which year were wholly-incompetent, kind Nature in Hie distribution of own course, by ringing in his ears the stale cry that annexation is impolitic and unconstitutional ? Ah ! but says that print, Senator Mangum has so "pronounced" the project. When? Where? Under what circumstances ? We know he voted against the treaty of Mr. Tyler but so did Mr. Benton, and other Sernators, whp are friendly to annexation, and who will now come forward and sustain it by their votes- Mr. Foster, the Whig Senator from Tennessee, will vote for the Resolu tion of Mr. Milton Brown indeed he had al- re- solution, so entirely did he concur with the au thor of the act which was so fortunate 'as to re ceive the sanction of the House of Representatives. We hove strong hopes also as to- Messrs, More head, Jarnegan, Rives, Archer, Johnson end Elen derson of the Senate, and, with the powerful aid of Mr. Benton, the measure would be in a fair way to go triumphantly through the Senate. But the itegister says, senator jyiangum has nothing to expect from the democracy of North Carolina but " censure and repudiation." He stands high, continues the Register " on a proud eminence, elevated far above the grovelling position which they have so repeatedly endeavored to assign him knowing full well that while they would ap pear honestly to u admonish," they would do any thing in their power to sink him to the low est depths of political disgrace." To all this it is quite easy to reply. Who placed Senator Mangum at first in the Senate of tho nation ? The democracy. ,Who stood by him and cheer ed him on in his numerous and well-waged bat tles with Federalism, at a time when his reputa tion was in its palmiest state, and when the Reg ister and the present friends of that print would ! have struck him at one blow " to the lowest depths of political disgrace?" The democracy. In 1840 he was returned to the United Stales Senate in spite of Mr. Badger and the Editor of the Reg ister, and that too mainly by the 'votes and influ ence of that portion of the Whig party who had acted with him in the Jackson ranks, but who, with him, had suffered themselves to be arrayed under the banners of modern Whiggery. This no man knows ot understands better than Judge Mangum. And what has he now to expect from the Register and the Whig Junto here? Noth ing literally nothing. The tone and tenor of the Editor's article proves what we say. Else, why is Judge Mangum reminded of having " pronounced " annexation " impolitic nnd un constitutional ?" Why is the example of Col. Gaither singled out, but to warn him that he can "stand high " with the Whigs no longer, jf he should dave to rcJax an efibrt fp tjjeir service Whytl our article, in which-a straightforward Maine New Hampshire Vermont Mas;i chusetts Rhode lUad Connecticat New York New Jrrry Pennsylvania Uoia ware Maryland Virginia North Carolina South Carolina Georgia Alabama Mississippi Louisiana Ohio Indiana Illinois Kentucky Tennessee Missouri.. Michigan AikausAs 1 S 0 1 c 3 9 3 jo 0 0 10 5 7 6 0 4 4 9 8 5 6 5 1 1 112 0 0 0 0 0 0 P 6 o o o l 0 0 1 0 0 0 0 0 e 4 0 0 0 8 Nut. Dnn. mt. 4 2 3 0 1 1 0 1 14 1 0 0 0 0 o 0 0 0 0 0 j 0 0 0 0 0 2 0 3 2 0 w i 3 4 0 I) 1 II 0 10 1 1 6 0 0 2S 70 u It thus appears that ol the Democraiic roifim lavor of the resolution, there were 53 from Frff. aad 59 from Slave States. The 7 Whig votes in favcvere nil from Slave Stales. Of the rotwii the negative, the 28 Democrats are all from Kr States ; and of the W hies, 52 Were from Free,so(! 18 from Slave States The number of Democriu voting was 140; consisting of 81 fiorn Free, mo 59 from Slave Slates. Those SI were divided iiW 53 for, and 28 against. The number of Whig voting was 73; consisting of 52 ftorn Free.ar.J2t from "Slave Slate. Thoe 26 were diri-led intoj for, 18 against. The 59 Democrat from SUve.ewl the 52 Whigs from Free States, all of course voiea the former (or, and the latter against. '; Annexation. The New York Morning N' ir' a democratic paper, thus notices the pa;' through the House the resolution of Mr. Mik Brown. We publish it to give our readers sobw idea of the feelings and desires of the Northern democracy on this absorbing question : " The letter of our Washington correspond"' will show that a joint resolution has indeed pass" lhat body by the larjre vote of 120 to 98. We gret that it is not in a form better adapted tM satisfactory to the North. It is the propoum11" x. :. r c m , 11 1. ; 1 the I3B" Tir. iviiuuu nrowo. 01 1 ennes? ee, r itonito ni at.i.isth ; a. ;.i A e. ik admission Texas (the whole of it) as a State into the Union, on her adoption of a republican form of govenun U and transmitting the same to the President of'0 the 1st of January next, to be laid before CospJ Tf ! tn Tow.'. U. ....... J.ki .nil kproWQ lB Thic ic nil r'trrU mn f- - 13.. I 1 1 a CtlhifCt vartr It J .11 -.'U. I mnal loot 10 Senate to amend it. There ought to be, and tn trust be, a fai compromise on this point, lln vision for an equal number of Free and o States to be formed oat of the new territory. measure leaves to Texas as a State, the got ment of her whole extent of country, equ. , or five of our largest States. She may dir . further States ifshe chooses, which shall oe tied to come into the Union. Settled uoder laws as a Slave State, these will naturally A : . U 1 I. .1 j: alinn WU" . of coarse form constitutions accordingly- t equivalent to giving the whole op to slavery. is not even a postponement of the JwesU0D()(r, its present settlement and solemn guaraD'JLTe ref in advance, and alUn favor of Slavery- Kit erencc made in the resolution to the lin 01 rfJ grees 30 minutes, is,a mere mockery. na -L 0 up everything. The whole of Texas lies tou that line. Had such a lorm ot " rnne"''-. ( the ation" gone to the people of tats sia at lea1 election, we should have been beaten by , 23,000 majority. This will not do; and JJV that we owk to the Senate to amena - particular, and to the good sense ot oare c0Dr tounue wiin. us in some iair auu .- lMijoO promise of this unhappy difficulty in the qu t: :. . Zwt-0ff,fl); A western editor, noticing a new y. c.n lug uiys, says ne na uicu unexceptionable.
The Weekly Standard (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 5, 1845, edition 1
2
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75