Carolina Watchman

              trrii t v dollaks per annum in advance . : yverti^mentt inserted at 01 per square for tbe firet j 05 cents for each subsequent insertion court r ;, pei 1 enl higher governor's message ; fothe honorable the general assembly of north carolina : the periodical meeting ol the represen tatives of tbe jwople animated with a zeal b,r the public welfare bringing to the cap li a knowledge of the sentiments wish l aud wants of their constituents as well lef the most recent experience ofthe ction ofthe government in every region | lf the stale and clothed with powers more n-portant than have heen granted to any a|her of our public agents is habitually , x pected a an occurrence of interest by , v j.,v citizen to none does it come with [ m ore welcome satisfaction than to lhat epartment of our system « hich i.s charg ,,] with the administration of public af a irs and with watching over the public ,) tbe vacation of the legisla presenting to your con ration - i gem ral concern deman il and mutual endeavors well b ing of the stale j r!«cm it ne t to remind you of our obligations of i to lhe supreme ruler of the ..-, nr lhe preservation of our in land the countless blessings of is providence which have been contin ued to us through another two years of , xistence i'hougb we have ,,.,.., alii cm by disease to a greater and ■ i,rt fatal extent than has usually fallen 0 our lot have suffered from drought and of crop and from ca 3 bj flood and fire ) et have we ibundanl reason to rejoice in what has jeen vouchsafed to us rather than to re nine at what has been suffered or denied the ke enue and finances of tbe state ilways a subject ol moment to the people ind to the legislature will derive addi tional importance at your present session from th circumstances which now sur ohiki us the reports of lhe public trea mrer.and comptroller of public accounts ifill make you acquainted wilh the trans itions at that department since the last idjournment ef the legislature and the lemands which will fall upon it before lhe next biennial meeting our present political arrangement comprising bienni llsessions ol the legislature and seven lodges oi the superior courts besides the id/cial and executive establishments for merly existing has now continued for ten pars during this period the average expenditure for the ordinary support of sovernmen exclusive of disbursements or re-building the capitol and the inter st on a loan effected to pay the state's tubscription for stock in the present hank if the state in former years and of pay nentson account of suretyships for rail load companies more recently may be dated with sufficient accuracy at about 67,500 per annum r 90,000 for the idd and 45,000 for the even year of the leries — the difference being obviously oc casioned by the session of the legislature n each alternative year in the same imp the income from ordinary sources of leveime has averaged 883,000 the excess f which over and above the ordinary ipenses has been devoted to the account f re-building lhe capitol interest on the state's debt as before mentioned until it barged and of her liabilities for he rail road companies these extra ii-dinary demands on the treasury by eason of the kail road liabilities have 0 accumulated from the failure of the tare at either of the two last ses sions to make timely provision to meet hem as te increase the difficulty of your ask dui it is believed that this may be readily overcome by proper and energetic ictiun now without imposing onerous or 1 urthens upon our constituents for the wilmington and raleigh rail load company the state became surety sv the act uf 1*840 for the sum of 300 wo payable in six annual instalments of 150,000 each — beginning on the 1st of lanuary 1842 and ending the 1st of jan ary is 17 the lirst of these instalments ws paid by the company the second ailing duo the 1st of january 1843 while e general assembly was in session and lei ng apprized that the company was till able to discharge it they directed the lit rarv h or ird fo j nvrs t 50,000 of its funds j purchasing the bonds which consum ed the evidence of this debt these are jill held as a part of the funds of that *•*"". hat for the instalment payable to 1st of january 1844 no provision was j-w-ein the event of its falling on the kate which contingency happening it weaken up by the treasurer with the u lic funds ; u1 d that set of bonds is now ew at the treasury by the act of the gislature at the last session or other tods indorsed by the state were allowed 1 be issued fn lieu of those becoming due 1845 and is hi on which credits were ttendedto 1843 and 1849 the interest uereol has been kept down by the coin any as it has been also on those held by te literary board and the public trea urer a new mortgage on all the pro perty ol the company waa laken , () se _ arc the state against this new indorse ment 1 am not informed whether this ppany is prepared to pay off the re nning instalment on the 1st of january j e xt but their income is undoubtedly sut tetent for the payment of all their i nter . on loans and the gradual reduction of r principal debt while this contin ! es to ho the case there can be no objec lon to continuing the stale's credit to ■**, to the extent of her present liabili it is nol therefore anticipated that v demand on the treasury will in fu se from the affairs of the com gg * n act uf the general assembly in • uefct-tte became in like maimer > to th e raleigh and gaston rail ty — ~~ 9 hi / » a » b ii / ia sl / a / / ia wi h — e 15 / ■ i jljljljj v/aiaal^wjjal i ±\- ? ? jtjl j jjlj_1?j ix i » briber & james i . > " kr.ep a check ul-os all your editors y proprietors \ is sa fc { new series do this and lleerty < a*ujl*laj gen'l harrison ) number 31 of volume iii salisbury n.c friday november 27 1846 koacl t ompanv lor the sum oi ouo,u00 of which the interest was to be paid semi annually as it accrued and the principal to be redeemed at the pleasure of the le gislature at any time after the 1st of jan uary 1800 a like suretyship for 8300 000 was undertaken for ihis company by an act passed in 1841 the interest where r was to be paid as on the former loan and tie one-tenth of the principal to be re paid on the 1st of january in each vear fn in 1845 to 1854 inclusive of ihis class of bonds it is understood that 613,000 was r,rvrvu-ri by the company and there fore that the nate as au accommodation mdorser is not liable on them this lat ter company having paid no part of ils principal debt and but a single instal ment of interest its whole liability has for the present fallen on the state which lias thus far kept down the interest on both descriptions of bonds and discharged two instalments of principal being 830 00(1 each and becoming payable in the years 1845 and 1846 respectively to ac complish this however some portion ol the literary fund has been used2,000 has be ii borrowed from the bank of cape fear the state is therefore still bound for the interest semi-annually on the whole sum remaining viz 727,000 un til'paid as also for 830.000 per annum of principal for the next eight years and the residue of 500,000 at such time af ter ihe 1st of january 1860 as the legis lature shall hereafter appoint cor her indemnity ngainsl these responsibilities she has 1st the proceeds of the sale of the raleigh and gaston rail road if it shall be deemed expedient to make a resale or its income over and above expenses.il retained 2nd the obligations of individ ual stockholders under the 14th section ofthe act of 18:50 and ofthe stockholders and subscribers who gave bond under the act of 1841 whether these resources can be relied on to indemnify the state ultimately against her whole liability for this company admits of question but that thev will afford the means of indem nity to a very considerable extent is not doubted these means however will not be in hand in season to meet the more immediate calls on the treasury as before stated and lhe scrupulous fidelity and honor wilh which north carolina has ever maintained her public engagements require that ample means shall be provi ded in advance to save lhe public faith in any contingency while therefore your efforts will be directed to the most eligible mode of making this indemnity effectual it is indispensable that measure's shall be adopted for an increase of the be venue how this can be realized with the least hardship to the people has em ployed my anxious reflections and the re sult is offered with the deference due to the superior wisdom of the legislature our income at present is derived chief ly from levies on lands and persons these should not be augmented until oth er sources of revenue have been tried ; but the rates now laid should be faithful ly paid and punctually and fully exacted and independently of the pressing wants ofthe treasury 1 should have recommen ded a new assessment of lands with a view to greater accuracy in lhe fixation of value on each tract and some provision for a more collect enlistment of polls as a measure of justice to lhe state and of equalizing effect among her citizens our land tax for 25 years past has been the moderate rate of six cents per annum on the one hundred dollars value the ha bitual negligence which has prevailed in reiurn;t r lands for taxation and ascer taining their value will be manifest from a few facts in lhe history of the revenue in the year 1815 the aggregate value of the lands of the slate assessed for taxa tion under the law of congress was<§53 521.513 but in the year 1836 the whole quantity of land listed fur taxation was valued at only so0.13ti.lus to correct this criminal delinquency in enlistment and valuation the act of lsijij directed a new assessment of land and improve ments by means of which the same sub ject of taxation in the next year was rais ed in value to 851,021,317 and 6.000 more was added tn the revenue this valua tion however is obviously defective since it falls two and a half millions of dollars below that of 1815 although more lhan a million and a half of acres had been pat ented in the mean time jt i.s reasonably estimated that with an area of 50.000 square miles within our boundaries there ut 15.000 square miles or near twenty nine millions of acres of territory inhabit ed making the utmost allowance for lands not yet granted it can hardly be possible lhat less than twenty-five millions of acres are chargeable with taxes but from a statement appended to lhe report ofthe comptroller it seems that 23,267 472 acres comprise all of which any re turns have been received and thai of this the average value for taxation is but 2 2s per acre against a like average of 2 00 in 1815 theactof 1830 contains !■<> direction for a new assessment at any subsequent time and the valuation under 0 loosely made ten years ago is the cri terion of our land revenue at present besides very considerable quantities since entered ami patented ten years have greatly enhanced the price of much of the land in the state i n consequence of im provements and discoveries made within that period the erection of manufac luring establishments the discovery of mines the construction of 250 miles of rail road the improvements on real es tate in many of our towns and the rise in value of forest lands yielding turpen tine will at once occur as illustrations of this truth to say nothing of those devoted lo ordinary culture there may be occa sional instances ofa decline in value but with the data before us it can hardly ad mit of question that upon a fair assess ment of land and improvements the ag gregate value will exceed sixty millions of dollars ; and that from failure in duly exacting the present rate of land tax the state is annually deprived of seven or eight thousand dollars at the least calcu lation surprising as this may appear there seems to be a deficit of nearly an e qua amount in the payment of the poll tax thetabular statement of the comp troller before referred to exhibits for tax ation the next year 62,795 black and 54 220 white lulls including all of which there is any account both listed and un listed the slave population ofthe slate according to the census of 1840 number ed 245,817 all of these between the ages of 12 and 50 are subject to taxation and by estimates from reliable sources this regulation renders taxable rather more than one-half on each plantation — a full enumeration iherefore of taxable blacks ought to embrace about 125.000 of whites all males are taxable between lhe ages of 21 and 45 years there are found on our muster rolls the names ol 7(j.5'.is men comprehending those be tween the ages of 18 and 45 generally but not including numerous exempts un der various statutes making liberal de ductions for those between is and 21 and adding exempts from military duty who are liable to taxation and there must still remain more than 70,000 taxable white polls and consequently a totai of 105.000 taxable polls in the state our poll tax has been gradually increasing for the last few years and for the past year appears to have been collected on 164,464 persons that it has been negligently attended to is manifest from variances of from four to five hundred dollars per annum some limes on one side and sometimes on the olher of the account in the amounts col lected during the last four years it is therefore an imperative duty of the le gislature a.s well in justice to those citi zens whose lands and polls are fairly as sessed and enlisted and who are contri buting accordingly into the public trea sury as to tiie slate itself to require a new assessment of land and improve ments to be justly made on inspection of the premises if necessary and to provide for an accurate and full census ol all tax able persons xo valuation of lands can continue to be a just criterion of worth for any considerable period and a re-assess ment should be provided for once at least in five years if it be not annual by adop ting the.se measures of fairness and justice to collect what is now imposed without any increase of taxes it may be reasona bly expected that the public revenue from present sources now equal to about 880 000 may be raised to 8100.000 per an num these regulations should be made to take eli'ect immediately that the trea sury may experience their benefit in the course of the next year further to augment the revenue it is proposed that a tax be imposed on plea sure carriages anil cold watches kept for use and if deemed expedient on any other articles of luxury to go into opera tion at once and continue in force until the expiration ofthe next session of the general assembly it is submitted to your inquiry in con nection with the revenue whether the rank of the cape fear has paid to the state and the literary fund the full a mount semi-annually due for dividends — iheir custom being to pay the tax on the shares of stock owned by individuals out ofthe whole profits ofthe bank instead of the dividends of profits allotted to indi viduals this course is supposed by them lo be sanctioned by a decision of lhe su preme court on the taxing clause of their old charter but the renewed charter of is is in different language.and it could hardly have been the design of the legis lature to exact a less tax on ilie stock of individuals in this bank than on that in similar institutions in the state to aid the treasury until olher means can be realized 1 suggest thai the ponds notes and judgments held by the litera ry board consisting chiefly of the unex pended balance appropriated to drain swamp lands be turned over to the pub lic treasurer to be collected and applied according to our necessities but that the state be charged with the amount thereof as a loan the interest of which shall be faithfully paid as an annual part ofthe distribution fur the support of common schools the effectual security of the principal and the punctual payment of the interest is all that is now desired from the literary fund the proposed dispo sition ot this part of it while it supplies the present wants of the state will re lieve the school fund from the expense incident to the present loan oflice in the literary board ; and the increased reve nue in the mode already set forth will | afford ample means for the payment of the interest it will simplify the public accounts to direct the bonds ofthe wil mington and raleigh rail road compa ny now lying in the treasury and amount ing to 850,000 as before stated to be transferred to the literary fund and as an equivalent that the tavern and auc tion taxes be hereafter paid into the pub lic treasury to liquidate the state's responsibility for the raleigh and gaston rail road company as early as practicable 1 re commend the creation of a sinking fund to be applied in buying and in cancelling both kinds of bonds when they can be purchased at or below par to consist 1st of any surplus which may be in thc trea sury after defraying customary expenses and specific appropriations 2nd any in come derived from said rail road if re tained or its proceeds if sold 3rd any recoveries effected against the stockhold ers in said company under the 14th sec tion ofthe act of 1s.3 or against the stockholders and subscribers under the act of 1841 suits are now pending a gainst sundry obligorson the bonds given tor the state's indemnity under the act of 1841 who failed to renew their bonds biennially as required by law and i re gret that no decision has as yet been rendered in the premises it is contended on behalf of the slate that a failure to renew is a breach ofthe condition ofthe bond inducing a forfeiture of lhe whole penalty since the foreclosure of the mortgages and the insufficiency of the real and personal estate of the company to indemnify the state in hersecurityship it has become an interesting question to what extent can she claim to be indemni fied by the individual stockholders and bondsmen and at what time is her right thereto to be asserted 1 by the 14th sec tion of lhe act of 1839 in the case which has happened to wit ofthe insufficiency ofthe property ofthe company to pay off and satisfy the full amount of bonds then directed to be endorsed in conclu ding the principal and interest then on each and every stockholder was to be bound to pay towards making up such deficiency an amount corresponding with his stock held therein at the time when such deficiency should be ascertained the act of 1811 designed from its title further to secure the state against loss as well astogrant further aid to the company providing amongst other thing for lhe execu tion and delivery of bonds in lhe aggre gate penal sum of 8500,000 by stockhold ers and subscribers covenanting to in demnify the state against any loss or damage in consequence of her security ship in the premises and insufficiency ofthe real and personal estate and prop erty of said company to discharge the same — it would seem therefore to have been the intention ofthe act of 1830 to hold the stockholders individually res ponsible for " any loss to the state in the payment of principal or interest after applying the mortgaged property to an equal amount with their subscriptions of stock nothing that i perceive in the act of 1841 changes that intention the bonds directed to be taken appear to have been purposed at the least as cumulative security for the former liability and to provide a more easy remedy in case of non-compliance whether the bonds ac tually taken conform to this construction of the statute or whether it may be nec essary to resort to a court of equity to assert the state's remedy in its full extent on the ground of mistake or inadvertence in framing the bonds i.s a matter for your mature deliberation that the act of 1830 section 14 obliged tbe stodkholdcrs to save the state harmless both a.s to principal and interest cannot be doubted nor will it be readily admitted that the act of 1811 in pari materia was design ed to abrifre or surrender any security those stockholders who did not give bonds seem to be responsible to the a mount of their stock under the act of 1830 for both interest and principal and it would be an anomaly in the subsequent proceeding if they are under heavier ob ligations than iheir associates who enter ed into bonds besides being stockholders but whatever may be the extent ofthe liability of these stockholders and bonds men or whatever may be the forum to enforce it i apprehend that the event has happened on which it may be at once as serted an opinion has prevailed that the state although obliged to pay inter est in the mean time and 8500.000 nf principal in 1s00 or thereafter could have no redress on these obligations until after that distant period the law it is true renders the debt irredeemable until that time to give the capitalists assurance ofa long loan and thereby to enhance the value ofthe stock but after exhausting the remedy by mortgage and it being demonstratively certain that a large bal ance even of principal must be paid by the state i see nothing which requires delay in exacting any part of the indem nity stipulated should these suggestions meet your concurrence you will of course give the corresponding directions to the law officers of the state how much may be realized either from the income or re-sale of the rail road or from the liabilities just referred to is as yet uncer tain in advising therefore but a tempo rary provision for extra taxation i am in fluenced by the consideration that possi bly it may not longer be required rather than by lhe fear of any aversion of our constituents to contribute whatever may be needed to redeem thepublicobligatious however incautiously or unfortunately en tered into the odious doctrine that a state may refuse or postpone the fulfil ment of contracts guaranteed by her pub lic faith and sovereign honor has no rest ing place in all our borders and i am vet to hear ot a single exception to the unani unity of our people upon this subject legal proceedings were instituted for the foreclosure ofthe mortgages on all ilie property of the raleigh and gaston kail koad company at sprint term 1845 of the court of equity of wake countv as directed by the act of the last session hut owing to the resistance made bv the company anil the decision of the superi or court in their favor an appeal was ren dered necessary to the supreme court and the decree of foreclosure was post poned until the autumn term of that vear a sale under this decree was male on tbe 29th ol december following and the rail road and all other property ofthe com pany was purchased by the state on the bid ofthe governor at tin sum of 8:}(j3 000 the amount authorized by the act aforesaid possession was taken on the first of january 184g by the board of commissioners constituted by the act in the event of such a purchase and officers and agents were appointed to manage and conduct lhe opt rations on the road as the property ofthe stale a report of their action thus far will be laid before you bv the hoard in a few days embracing the statements ofthe president and the trea surer and the journal ofthe commission ers as well as all the vouchers aud books ot account of these officers will be at any time open to your inspection upon the construction given to the law by the ex ecutive no part ofthe former earnings of the rail road secured to lhe state bv a decree of sequestration against the com pany couid go into the hands of the com missioners and the sum of 8*2.000 accruing from that source has been therefore paid into lhe public treasury it will thus he perceived that to support the operations i of the road in all its departments there was to be no other reliance than on its own receipts from and after the first of alanuary last the experiment to this time removes all doubt ofthe ability ofthe road to sus tain itself if well conducted so that its advantages will still be continued to the people ofthe state and encourages the belief that after all necessary outlays for repairs and expenses even at the present rate of income it will afford some returns to the treasury as profits on its cost the current year has not been regarded as quite so favorable to the business of the road as may be expected in general by reason of diminished freights from the shortness ofthe crop of tobacco less ac commodation in stage travellingin connex ion with the rail road and other causes notwithstanding these disadvantages however the amount of earnings of the establishment for ten months has been near 851,078 00 and the disbursement in the same time for expenses including the purchase in october of an additional lo comotive about 836,000 the officers of the road have been instructed that while they observed all prudence and economy in expenditure no needful repairs were to be neglected ; and its condition is be lieved to be now equal to if not better than at the time of sale on the 1st of july last the sum of 7,200 was paid out of its profits into the public treasury to defray the interest on 8240,000 of rail road bonds then falling due for which the state was bound as already shown : and on the 31st of < ictober there had ac cumulated a balance of about 8,300 more the importance of this public work to the agriculture and merchandize of liu country wiil lie apparent from the exhibit of 25,500 00 dollars of the above earning tor freight on transportation of property what disposition shall now be made ofthe rail road is an en quiry of much consequence it was not thought expedient to oiler it for sale under the powers conferred on me by tie act of assembly an 1 no tenders have been made for purchase i recommend lhat il he placed under the control of the board of internal improvement or oili er commissioners specially appointed for lhat purpose with ample power lo make ale in whole or in part and to agree in iheir discre tion upon terms ami price limited only by the amount at winch it was purchased iy the state as a minimum but in tbe meantime that a committee of your body shall make a thorough examination of the entire concern receive any oilers of purchase that may he made and give instructions to such commissioners in so far as mav he deemed advisible such works are more likely to r advantageously carried on un der the keen eye of individual interest and with the supervision of public agents only and ii is therefore desirable lhat at least half of the property in this road he sold that it may pass under the control of a directory having an in terest m the adventure thi course is also male acceptable from the consideration that any sums filling into the treasury from tic a!e of die road will by so much relieve it from the involvments contracted on its account the yearly report of the wilmington and raleigh rail road company ins not yet been received hu will be submitted loyou along with the report ofthe board of inlernal improvement in november last they exhibited a reduction of 30,000 dollars in principal of their debt be sides il.e payment of interest on all loans in the proceeding twelve months ami it i supposed tbat ihe present has heen a year of till great er prosperity to that rail r ad the act of your last session for the re-or gauization of the portsmouth and roanoke rail road company by a sale of ils property under the authority ol both slates was not ac ceded to by the legislature of virginia that body however has made a separate enactment ' upon the same subject matter so nov ( *| i n some of its provisions as to call for a moment's no lice it directs a sale of all lhe property and and franchises of the company in bolh slates by the board of public works of virginia but provides that if at the sale or at any time there after the state of north carolina or any com pany incorporated by her for purposes of inter nal improvement should in any way become lhe owner of said rail road the general as sembly of virginia reserves the right to revoke 11 • « ail tlie powers privileges md immunities con veyed by such sale and to declare the same nni and void now all this so far as relates to north carolina or to the known purposes of any of her citizens is the mere effusion of a jealous and hostile spirit without object of meaning she had neither manifested nor en tertained anv wish to become do proprietor of this rail road her board of interal im prevent it is true stood in the situation of a creditor of the company l«»r monies lent but were amply secured bv a mortgage en a part ol the rail road property pri r in lien to any other there is another provision in this act of more significance it declares in a subse quent section " that in case the authorities of lhe state of north carolina snail at anv lime by legal process or otherwise deprive the pe tersburg rail road company of any of the privileges and advantages of its charier ob tained from lhal stale for any act done or omit ted to be dune by the said company or l»v any means whats ever prevent the said com pany from conducting their operation on so much of iheir rail read as lies within the state oi north carolina or any part thereof by leasnn ot any act heretofore done or omiited to be done by said company ihen all he rights conferred by that act on the purchases of iho portsmouth an i roanoke rail road shall rch-e and be determined until tbe slate of north carolina hail reinstate the petersburg rail road companj in all the privileges granted them in the several acts passed for their bene fitby the said slate or until the legislature of virginia shall otherwise direct to appre hend the full meaning of ibis clause it must nol be overlooked that both the petersburg and portsmoth rail roads ii parib injnortb caro lina ami iheir respective companies exercise and enjoy all their lights and privileges on this side oi the line under charters from i.er legis lature — that the last named company were sued by a creditor in an action at law and alter judgement an execution was levied ou lhat section oi it road running through the counly of northampton a sale and purchase took place by virtue thereof and the supreme court affirmed the same to ihe extent of con ferring i the purchaser the legal title in the land and fixtures ofthe road but not the iran chisc ol transporting thereon in this condi tion the acquisition was of so little value or utility that the advantages of the road would in all probability have been continued lo the public by the re-union of the estate and fran chise but fin the action of ihe petersburg com pany that company entered into a conve nant wilh tlie purchaser ofthe estate to pay in installments 860,000 tor preventing transpor tation over the section of which the tide was in him with a stipulation that the later pay ments should cease whenever that part ofthe road should again he brought into use iu olher words the petersburg company in effect bought from him the disuse of ihe portsmouth road and paid him a consideration for with holding fimn the public ihe convienccs for winch the legislature had auth irized its con struclion the right of the individual party to this agreement thus o dispose of his inter est under decision of the court is not denied and had the olher contracting party been a na tural person it would never have been ipies tioned however great might be lhe inconven ience ofthe loss o the road bul in my view a corporation the mere creature of the law must look to its chaiier li>r privileges not for restrictions what is not authorized to it is denied and by consequence ihe petersburg rail road company permitted by its charter only to construe a road fr that town toils southern terminus and to transport on the same had the right either to participate in the profits ot transportation on tie portsmouth road or to suppress transportations thereon regatding this contract as designed for the de struction of the portsmouth road to lhe end lhat the other might have a monopoly of the bu siness done by both as such a public injury anl transgression of its own corporate rights by ihe petersburg company and perceiving that that coin any had ur.de reports lo lhe legislature of this state ol its opprafi n with in our limits a.s was expressly required lo be periodically done bv tie acl of irs creation i directed the attorney general to tile an in formation against ihem in the supreme court and rec-die ihem io show cause why their char ier should not be declared forfeited at the last term of that court judgement was ren dered in ihis case tbr the defendant the opinion announcing this decision is accessible in you and to it you are referred lo deter mine whether any new legislation i needed iu prevent mischiefs in im for the fu inre it was while this information was pend ing thai the general assemby of virginia made their u enactmeut in which it is plainly intimated that if a contrary decision from that arrived a h lhe conrl should lie made and this corporation should be deprived by any of its privileges now enjoyed un w by rea son of any m gl mc sion whatever il should be relal led with the loss ofthe poii-mondi road also this stale had made herself no party in the ri alii of these ('■ mpanies bul authorized ihe construc tion of both roads to procure the advantage of two highways for market and travel expecting to lor people of course lhe noils ofa fair em ulation between them i at in the disp nsation of her justice whether among corporations or individuals and in the exaction of the homage due lo h-r laws in her own territory no in fluences from abroad can be permitted lo inter fere not to remark on tie departure from comity implied in gn - ing that north carolina desired lo \>> ■—•-< one of their roads an i pn tlaiming by i dele advertise ment that slc should i excluded from the gs th fjh pail of it was in her limits and existed i i.er leave while l v:it:ite ap points agents lo attend and bid for virginia and on the denunciation thai if f<r violations of our law ascertained and adjudged by our highi - fribune m a proceeding ihen i the company owning lhe other road . he deprived of any ofthe privileges and advantages ranted to i by this state then the both should he lost : this act of tho i concluded on fourth i