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 September 9, 1854 - Shine 1, 1925 
 
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B e r r fe '" a n C am er o n 
 
 COMMUNICATION 
 
 FROM THE 
 
 PRESIDENT OF THE N. CAROLINA RAILROAD 
 
 IN REPLY TO THE REPORT OF THE CHAIRMAN 
 
 OF THE JOINT COMMITTEE ON THE NORTH- 
 CAROLINA RAILROAD. 
 
 Raleigh, February 14th, 1859. 
 Hon. Henry T. Clark, Speaker of the Senate : 
 
 Sir : — It is with extreme reluctance that I propose agal._ to 
 trouble the Senate with a communication referring to my of- 
 ficial relations with the North-Carolina Railroad, but it is re- 
 quired by my position towards the Directory, the State, and 
 the stockholders, as well as due to myself, in justice, that I 
 should notice a report lately made by Mr. Jonathan Worth, 
 chairman of a committee to examine into the affairs and con- 
 dition of this corporation. 
 
 Early in the month of December last, Mr. Worth proposed 
 in the Senate a Resolution to appoint a committee to examine 
 into the condition and affairs of the North-Carolina Railroad 
 Company, upon which (as amended to include other roads) 
 a joint committee was raised, and Mr. Worth was made chair- 
 man. 
 
 The first notification to me of its existence and purpose was 
 by a letter from the chairman of date of December 18th, and 
 received the 22d ; wh'ch. letter, with my reply thereto, is given 
 in his report. 
 
 I 
 
According to the request of this letter, I conveyed to Ra- 
 leigh from the office of the North-Carolina Railroad, at the 
 Company shops, all the important vouchers, papers and booka 
 of the corporation, and caused the Treasurer and the Secre- 
 tary to present themselves with me in attendance on the com- 
 mittee in Raleigh at the hour designated— 4 o'clock, P. M., of 
 January 4th last. Then and there I stated to the chairman 
 my readiness to go into this examination and reiterated the 
 expressions of my letter— that it would give me great pleasure 
 to aid him by any means in my power. 
 
 At 7 o'clock the chairman and Mr. Mills attended at my 
 temporary office in Raleigh— -not at the Governor's office,which 
 he proposed to use as his committee room — where the 
 papers were deposited, and remained in conversation perhaps 
 two hours. Upon my inquiry as to his plan of examination, 
 and my remark that any examination to be satisfactory, much 
 less just, must be systematic and regular as well as full ; he re- 
 plied this was true, and they would consult on apian for adop- 
 tion. He further observed, seeing the formidable mass of 
 mafrwial', that it would appear impossible to examine as fully 
 as Wk$ desirable, but he wished to make a fair and impartial 
 examination. My reply was, If this is your sincere purpose, 
 although great injustice and much misapprehension might re- 
 sult from a discursive and partial inquiry, and although it had 
 been my intention to require a regular and complete inquiry, 
 I will allow you to proceed in any mode of just examination ; 
 here are all the papers for your use, and the men to explain 
 them — proceed as you please. 
 
 I mentioned that the time, being the first days of the year, 
 was a very inconvenient and inopportune one for this exami- 
 nation, and would greatly hinder the business of the road, un- 
 less the office-men could have some leisure from it ; that as to 
 myself, I could not possibly remain in personal attendance 
 there, being engaged elsewhere, but if my attendance was at 
 any time desired, it should be instantly given on my being 
 notified ; that any questions for information would reach me 
 promptly, and should be instantly replied to, no matter what 
 were my engagets.men 
 
 t> & 
 
From that night to the close of this examination, when the 
 men and books were discharged, no single question has been at 
 any time ashed of me. 
 
 The chairman begins rather ominously with two mistakes. 
 He says, page 1, " he (I) delivered into the hands of the com- 
 mittee the papers," &c. He greatly mistook my action. I 
 made no such " delivery," nor should I at any time have so 
 far forgotten my duty, in charge of these most valuable re- 
 cords, as to have " delivered" them, or even surrendered them 
 to any hands. He asked my permission to take to his room 
 certain papers and the Journal of the Board, which I freely ac- 
 corded (at the same time requesting their careful keeping,) 
 out of courtesy to his position — a courtesy, as appeared later, 
 which the chairman was not able to appreciate. This was his 
 first error : — the second was that he seems to have considered 
 all of us in his custody. He says, on my statement, " the 
 committee consented that he attend to his duties on the road, 
 he agreeing to return," &c. I neither asked his u consent" to 
 be absent, nor "agreed" to return ; but made the observations 
 as to my duties and attendance, exactly as mentioned by me 
 above. The chairman exaggerated his consequence in this 
 way throughout. 
 
 These are unimportant things except as showing his total 
 misapprehension of our relative positions, and particularly of 
 his proper jurisdiction. 
 
 On the second week of the Chairman's labors, I was closely 
 engaged in making out my Report of January 20th, to the 
 Governor, for the information of the General Assembly — 
 and was obliged to have the aid of the Secretary, who is 
 book-keeper, in making up my financial statement. The 
 Chairman dwells on this as having delayed his examination. 
 How? By lack of my Books of Entry? What had he to do 
 with these, except for final comparison to ascertain their cor- 
 rectness? — Was he to examine the affairs of the Road, by 
 my statements ? or was he to ascertain the same by reference 
 to the audited vouchers of payments — the acknowledged 
 amount of receipts, and then test the correctness of my 
 books? The Secretary has no connection with these papers 
 
except as book-keeper, but the Chairman had in Raleigh, the 
 man through whose hands had passed every voucher since 
 the first year of the corporate operations — the Treasurer, 
 who had received and paid out all monies, as his accounts 
 show, who ought to be familiar with every important trans- 
 action, and able to lay his hands on any desired information, 
 if he chose to do so. How then could his progress be delayed 
 for want of the Secretary, no great while engaged in the 
 office, and therefore not cognizant of old transactions? 
 
 On Saturday, I went to Raleigh to pay my respects to the 
 Chairman, and asked how he was progressing. He answered, 
 that they had needed the Secretary with his books, and by 
 his absence, had been delayed. I replied : The Secretary 
 has been necessarily absent in giving me some aid from his 
 statements, but you have had all the papers and the presence 
 of the Treasurer, the oldest officer on the Road, which I 
 thought surely sufficient; the Secretary, however, shall return 
 on Monday. 
 
 After leaving the city in the evening, I remembered an 
 extract from the Journal of the Board, (that as to the location 
 of Shops) wanted for my Report, and directed the Secre- 
 tary to get the Book and send it up by next train. 
 
 On Monday I received the letter following from the Chair- 
 man : 
 
 Raleigh, January loth, 1859. 
 Me. Chas. F. Fishek : 
 
 Dear Sir : The committee investigating the affairs of the 
 jS"orth-Carolina Railroad Co., instruct me to say to you, that 
 they have been arrested in the. discharge- of their duty all this 
 week, by the non-attendance of your book-keeper, who should 
 have been here all the week with his books, according to the 
 orders of this committee. 
 
 The committee require that your book-keeper, with his 
 books, attend this committee without delay, and also, that the 
 person having charge of your shop books, attend with his 
 books by 4 o'clock P. M. on Tuesday next. 
 
The committee also instruct me to ask for your personal at- 
 tendance before them by 4 P. M. on Wednesday next. 
 Yours respectfully, 
 
 J. WORTH, Chairman. 
 
 Sunday, January 16th, 1859. 
 Mr. West has presented to me your secretary's note, asking 
 for the book containing the proceedings of the Board, to 
 be sent to Salisbury. I decline to send it. 
 
 J. WORTH. 
 
 In reply to this I wrote to one of the committee (explaining 
 the letter would be laid before the body,) as follows : 
 
 Salisbury, January 18th, 1859. 
 
 Dear Sir: — I received on yesterday morning the enclosed 
 letter from Mr. Worth, Chairman of your Committee. It 
 would seem from this, that I have been, much to my surprise, 
 greatly misapprehended b} r Mr. Worth, and my object in 
 writing this is to ask whether such has been the case with the 
 other members of the committee. 
 
 When Mr. Worth wrote to me first, as your Chairman, I 
 replied to his letter on the instant, assuring him of my cordial 
 aid in your labors. I hastened to deliver, according to his 
 request, the material of the office for your examination, and 
 also placed at the service of the committee, the officers who 
 could explain these papers and books, and also made a tender 
 of my own assistance when desired. The Treasurer and Sec- 
 retary were in Raleigh till Saturday evening the first week. 
 I went there from home, twice in the week, being present 
 altogether, three days. Last week the Secretary, who is the 
 only man in the office having charge of its daily work, was 
 obliged to see a little to his regular duties, and later, I found 
 his aid indispensable to enable me to perfect the financial and 
 statistical tables of my report. The Treasurer meanwhile, was 
 there in attendance on your committee, and he is surely able 
 to give you any information desired — his personal knowledSa 
 of the business extending back to the beginning, while the 
 Secretary has been in office but a short time. 
 
I was engaged on the road during the week and could not 
 go to Raleigh till Saturday morning, when I heard, much to 
 my astonishment, that your chairman had proposed in the 
 Senate a resolution to authorize the sending for persons and 
 papers, thereby intimating what was far from the fact, that 
 there existed any difficulty in obtaining either or both. Up- 
 on this follows the letter enclosed, which in tone and charac- 
 ter seem to me to lack both courtesy and good temper. 
 
 I have given Mr. Worth no reason to address me in this 
 way, but on the contrary had considered myself to have ob- 
 served an extreme measure of liberality and respect towards 
 him. He moved in the Senate an investigation, without war- 
 rant of law in his opinion, and I should have been entirely right 
 in requiring it, at any rate, to be made in the most full and 
 complete manner if made at all. But, I have allowed a de- 
 sultory enquiry to proceed without plan or order — such as 
 might do the Road prejudice, and could result in no full un- 
 derstanding of its history awl condition, for the reason that I 
 well knew what the committee at once perceived — the impos- 
 sibility of what the chairman had proposed. 
 
 It would have given me great satisfaction to have remained 
 in Raleigh in attendance on every meeting of your body, but 
 I am sure, a moment's reflection would satisfy any one of the 
 impossibility of my doing so. A railroad is always in need 
 of the vigilant personal attention of whoever is in charge, but 
 specially so in the first days of the year, when everything has 
 to be re-arranged promptly, or highly dangerous confusion 
 results. 
 
 It is quite impossible I could have neglected to attend your 
 body ; my respect for gentlemen composing it, as well as my 
 self-respect would have forbidden this. 
 
 Another hindrance has occurred to me, too, just at this 
 juncture, in the labor of making up a report, in detail, for the 
 use of this Legislature. I could make no progress in it before 
 the accounts of the first six months were closed early in Janu- 
 ary, and so all these heavy engagements have fallen together. 
 
 I write this to explain to you, for the information of the 
 committee, how I have been occupied ; and to express my 
 
regret that your chairman seems to have fallen into his mis- 
 apprehension in respect to my absence and that of the secre- 
 tary, and that he has so entirely misconceived my desire to do 
 whatever could promote your enquiry. 
 
 Very respectfully, vour obedient servant, 
 
 CHAS. F. FISHEK. 
 E. D. Dkake, Esq. 
 
 On Saturday the chairman had proposed in the Senate a 
 Resolution to authorize him to send for persons and papers 
 and to examine under oath. 
 
 During the next week, I was wholly occupied in urgent en- 
 gagements, and in revising my Report. The Monday follow- 
 ing I went to Raleigh, and enquired as to the committee and 
 its proceedings, the chairman having given a written dis- 
 charge on the 22d, to all in attendance. Seeing one of the 
 committee in the House, I begged he would do me the favor 
 to ask the chairman when and where I could again see the 
 committee. He saw the chairman and stated to me in reply 
 from him, that I could only make any "explanation" I desired 
 to make, in writing — whereupon I addressed the chairman 
 this note : 
 
 Raleigh, "Wednesday, Jan. 26, 1859. 
 
 Jonathan "Worth, Esq., 
 
 ffir : — On Monday I came here for the purpose of attend- 
 ing a meeting of your Committee. Being unable to hear 
 anything of your time and place of meeting, I to day request- 
 ed Mr. Green to do me the favor to enquire when and where 
 I could again see the Committee. 
 
 He mentioned to me this evening that he had stated to you 
 my desire to see the Committee, and your reply in substance 
 was, -that if I desired to make any explanation, it could be 
 made in writing, and that you did not propose to hold any 
 further meeting of the Committee. As my engagements and 
 duties are too pressing to allow me to waste time in unneces- 
 sary delays here, I write this to enquire from you whether 
 
8 
 
 I am to understand that you decline to give me the oppor- 
 tunity of seeing the Committee again, and I state, that I have 
 nothing of what is understood by the term "explanation" to 
 make, but I have to say, what in my opinion, the Committee 
 should hear. 
 
 Respectfully &c. 
 
 CHAS. F: FISHER. 
 
 On "Wednesday the chairman assembled the committee, 
 and being informed by one of its members of the time and 
 place, I presented myself and enquired whether I was to be 
 admitted. Being invited to do so, I appeared before the com- 
 mittee and found all present, one of the few times this had 
 been the case. After stating to the committee my views of 
 the extraordinary course adopted by the chairman in this 
 whole proceeding, and mentioning why, on account of pres- 
 sing engagements of importance, much to my regret, I had 
 been unable to be personally present with them more, T con- 
 cluded by saying that I had not allowed the papers and books 
 to be yet removed, and unless then notified of their discharge 
 they should still remain there. After some conversation, 
 being about to retire, I said — if I am now to understand that 
 you decline to make any further explanation, I will not trou- 
 ble the committee again, but shall send my papers and book, 
 where they belong and are much needed. The chairmen 
 and gentlemen of the committee observed it would be im- 
 possible to recommence the enquiry. I then retired and 
 have not since seen the committee. 
 
 The night of the 31st January, the secretary handed. to me 
 the following letter to him from the chairman : 
 
 Raleigh, January 26th, 1859. 
 Me. R. W. Mills : 
 
 Dear Sir : The committee on the affairs of the North-Caro- 
 lina Railroad, all the members of the committee being pres- 
 ent, unanimously direct me to ask you to furnish them with a 
 detailed statement of the debts due to the North-Carolina 
 Railroad Co., specifying the name of the individual or corpo- 
 
9 
 
 ration owing each debt. Also a list of the debts owing by 
 the corporation, specifying to whom and when each debt is 
 due, bringing up this statement to the same period - to which 
 these accounts were brought in Mr. Fisher's report to the 
 Governor of the State, of the 20th inst. 
 
 We wish this statement on, or before Monday next. 
 Yours respectfully, 
 
 JONATHAN WORTH, Chm'n. 
 
 To which this was my reply . — 
 
 January 31st, IS 59. 
 Jonathan Worth, Esq., Chairman : 
 
 Sir : Last night, Mr. Mills, Secretary, handed to me your 
 letter to him, asking for a "detailed statement of the debts 
 due to the N. C. R. R. Co.," as given in my report to the 
 Governor. 
 
 You was appointed as chairman of a committee, (raised up- 
 on your own proposition) to conduct this examination. You 
 have had all the papers, books, and men of the office, as well 
 as of the board, at your service and call, since the 4th inst., 
 the day of your requisition. I offered you my aid in the be- 
 ginning, and repeatedly since. You have never yet proposed 
 to me one enquiry for information / although, as in this case, 
 asking from my subordinates of matters of which I could have 
 best informed you. 
 
 I have made to his Excellency, the Governor, a, Report for 
 the information of the Legislature, not for the purpose of af- 
 fording to you matter for your report ; because it was your 
 manifest duty to obtain all this from your own full investiga- 
 tions. You gave a written formal discharge to the office-men, 
 their papers, and books, on the 22cl inst. I have last week 
 stated to your committee, my conviction, that this discharge 
 was prematnre ; because the examination was imperfect; and 
 that not accepting it. I should hold them still subject to your 
 use. I now say here, that if you desire to turn your attention 
 from an examination of the condition and affairs of the com- 
 pany, to a direct enquiry as to the statements of my report, I 
 
10 
 
 again, for the third time, tender to your use all my papers, 
 and books — my own aid — and that of the office corps, to be- 
 gin, taking my report as a basis of examination, and see 
 whether or not it is correct. 
 
 I am, &c, CHAS. F. FISHER. 
 
 The next day the chairman addressed me this : — 
 
 Raleigh, February 1st, 1859. 
 Charles F. Fishek, Esq. . 
 
 Dear Sir : — The committee investigating the affairs of the 
 North Carolina Railroad Company instruct me to say to you, 
 the treasurer of the company, Mr. Mendenhall, and Mr. Mills, 
 the book-keeper, to appear before them at your office, in 
 Raleigh, at 4 o'clock, p m., on Thursday next, then and there 
 to exhibit to us a detailed statement of the debts due to the 
 North Carolina Railroad Company, specifying the name of 
 the individual or corporation owing each debt, and produc- 
 ing the evidence of such debt ; also a list of the debts which 
 the company owe, and to whom each debt is due, bringing 
 up these statements to the same period to which these ac- 
 counts were brought, in your report to the Governor, of the 
 20th January, 1859. 
 
 We further wish to be furnished, at the same time, with a 
 list of all the debts of said company, contracted prior to the 
 13th of July, 1855, and which have been paid since the 1st of 
 December, 1856, the existence of which was not known to 
 you at the latter date, with the warrants under which said 
 payments were made. 
 
 Yours, respectfully, 
 
 JONATHAN WORTH, CKn. 
 
 P. S. If the statements cannot be made ready by the time 
 specified, please have the books and papers here, from which 
 they can be made out. 
 
 To this my reply was : — 
 
11 
 
 Office North-Carolina Railroad Co., 
 
 Company's Shops, Feb. 2, 1858. 
 
 Jonathan Worth, Esq., Chairman : 
 
 Sir: I received this morning, just at my starting from 
 Raleigh, your letter of yesterday. In my last note to you, in 
 reply to your commication to the Secretary asking for state- 
 ments in reference to my report, I said that I again tendered 
 to your use all my papers and books as well as all possible aid 
 to enable yon to begin and make a full examination, as you 
 first proposed. 
 
 No doubt you are aware that your proceedings in January, 
 must, of necessity, have interrupted greatly the whole busi- 
 ness of the office and of the road throughout this month. This 
 was a serious hindrance at a season always the most busy, 
 and one which it will require some time to amend. 
 
 Although yoi\ formally discharged the men and papers, 
 and dismissed them from further use, to be returned to the 
 office. I have tendered them to your use, and still hold the 
 vouchers and papers subject to your examination ; but before 
 removing the contents of the office again to Raleigh, (a labor 
 and trouble as you know, of no small degree,) I desire to 
 have your assurance that your next proceedings shall be up- 
 on a plan of examination — full, regular, and thorough, such 
 as has not been yet adopted by you. This can only be made 
 by taking each warrant and transaction from the beginning. 
 Such an enquiry as was understood to be proposed by your 
 resolution in the Senate. This and this only would do justice 
 to my predecessor, the chief engineer, and myself. 
 
 If this is your purpose now, I will at once, again pack up 
 the office contents and take them down to Raleigh. Other- 
 wise, I shall decline to recarry them from their proper place, 
 where they are constantly required for use and reference. 
 
 Ai to the statements and lists enumerated in your letter, 
 I have given in my report such as was deemed necessary. 
 Your examination if it had been fully made, would have furn- 
 ished all of these in detail, and any examination hereafter 
 may do so. I shall give in the next annual report to the 
 
12 
 
 stockholders a moro detailed statement of old debts paid, 
 from each warrant. 
 
 My engagements are not such as to allow me to give you 
 such an one now, even if I considered it necessary and pro- 
 per to do so. Respectfully, &c, 
 
 CIIAS. F. FISHER. 
 
 This closed the correspondence of the chairman and myself 
 not much, I dare say, to the .regret of either. 
 
 I must here correct another little mistake in his report. He 
 does not furnish my last letter above, but says : 
 
 "At the time appointed having received no answer from 
 Mr. Fisher, three members of the committee attended at the 
 place appointed, when Mr. Fisher told one of them, Dr. Mills, 
 that he refused any further investigation on the subject. Being 
 satisfied that we should be unable to report before the end of 
 the session, if we took the steps necessary to coerce the atten- 
 dance of the President and book-keeper, we resolved to report 
 the facts we had obtained." 
 
 Here is a statement positively not correct. I did not tell 
 Mr. Mills "that I refused any further investigation on the 
 subject ;" but I replied t .» an inquiry of Mr. Mills, that I had 
 written and sent to the chairman what I had to say, which was 
 that I should decline to re convey the office to Raleigh, ex- 
 cept on the condition mentioned in my letter. 
 
 The chairman talks about "steps necessary to coerce the at- 
 tendance ef the president, &c," which he very well knows is 
 nonsense, but which may do to impress some as to his conse- 
 quence. 
 
 This statement furnishes, according to my best recollection, 
 a correct and full account of what has occurred between the 
 chairman and myself. It is a dull detail, but necessary to a 
 proper understanding. I turn now to the report of the chair- 
 man, which he, with great candor, calls the result of an u im- 
 perfect enquiry." 
 
 This document is so very long, that, warned by its exam- 
 ple, I shall endeavor to make my review of it as brief as pos- 
 sible ; and I pledge myself to show that he has mis-stated, 
 
13 
 
 whether ignorantly or intentionally let the facts show, every 
 transaction and every statement which he makes. 
 
 The contract- of John G. McRae & Co. is his first subject. 
 This was a work of considerable extent, reaching from Golds- 
 boro' to six miles above Raleigh — fifty-six miles of road, the 
 earliest begun and in active prosecution for some three years 
 or longer, entirely during the administration of ray predecessor. 
 
 The chairman finds nothing worthy of comment, and noth- 
 ing whatever to censure in the period of years during its 
 whole progress up to the close, when he actually proceeds to 
 make me responsible for the whole character of the work, Ms 
 first notice being of the transaction lohich closed it, and upon 
 which I happened to ham a part in the Board. The brief 
 facts as to this settlement are a very plain tale : After the con- 
 clusion of work, repeated applications were made to t*ie Board 
 by the contractor for a final settlement. !STot once or twice, 
 but many times, it had been represented to the Board, as no 
 doubt every member of that day can attest, the difficulty of 
 effecting this settlement, because there was no personal inter, 
 course between President, Chief Engineer and contractors. — 
 The board seeing no other mode of settlement, appointed a 
 committee, as was their duty, to enquire into the facts and 
 report how to effect what otherwise seemed likely to remain 
 undone. This committee very reluctantly undertook the 
 work, and proceeded to do, what the chairman who censures 
 their act, has not done, to examine with labor, for days, the 
 whole account of the contractors, and to consult with the 
 President, Chief and assistant engineers, so as if possible to 
 adjust properly a very difficult matter. They reported at last 
 the terms of a settlement, and no dissenting voice disapproved 
 these terms, so that briefly it was thus : 
 
 A large contract exists, involving an amount of $550,301 18, 
 it was concluded finally, and the contractors claim a balance ; 
 the administrative authorities are not on settling terms with 
 these men, who refuse to surrender the road up, or to make 
 concessions upon their demands, deemed by them just. What 
 next ? The authorities to whom it properly belonged to settle 
 the matter, state- to the board their inability to do so. The 
 
u 
 
 suggestion is made, as a final resort, that a committee of the 
 Board see what is best to be done: they unwillingly undertake 
 the labor, trouble, and vexation of reviewing this long trans- 
 action, but finally as a matter, equally of duty and of necessi- 
 ty, consent to do so; examine accounts as a court of reference, 
 consult all parties fully and freely, and finally recommend a 
 basis of settlement, not satisfactory to the contractors, but 
 unanimously approved by the authorities an I Board, making 
 no gratuitous allowance, but an equitable settlement. For 
 this they are arraigned and censured five years afterwards by 
 the chairman who does not pretend to have investigated this 
 contract to see whether its transactions were right as a whole, 
 including the settlement, out who takes the closing act, in 
 which alone he finds my name and co-operation. 
 
 " Comment upon this, " as he says, " is unnecessary. " 
 
 As regards the statements of Col. Gwjmn's letter, I have 
 only to say, the recollection of the chairman, Judge Saunders, 
 of Mr. Dortch and myself, (Maj. Band I have not seen) is 
 very clear, that our consultations with the chief engineer and 
 assistant engineer, were frequent; and although they failed to 
 " recommend " any terms, and declined to do so, much to our 
 increased trouble and embarrassment, they did willingly ac- 
 quiesce in our recommendation, as the best for closing a vex- 
 ed matter. Our opinion was, I very distinctly recollect, that 
 they were very glad to get clear of the matter on these terms 
 so easily and so cheaply. As to the contract, its execution or 
 terms, I had nothing whatever to do with it. Mr. McBae was 
 in Baleigh, and offered to give the chairman any information 
 he wished, some weeks ago, as I informed the chairman. 
 
 The contractors allege that they can show the work of their 
 construction to have cost the company less, (throwing in all 
 additional cost of repairs, so particularly mentioned in this re- 
 port) than any part of the line, for the chief reason that their 
 purchase of iron was the most fortunately timed of any other. 
 
 The next count in the chairmans bill of indictment against 
 me, is as to the wood contracts. 
 
 This may be briefly despatched. All wood contracts of 
 1855 and '56 as well as previously, were made by the Engi- 
 
15 
 
 neering corps who were in charge of construction and of trans- 
 portation at each end. The Chief Engineer directed and con- 
 trolled this.. As soon as I was able to understand the 
 condition of things along the line of 223 miles, I stopped all con- 
 tracting for wood, except at such points as were deficient in sup- 
 ply — and also more than this, I fixed the rates at $1,25 per cord, 
 where formerly $1 ,50 was paid. One thing, however, I did do 
 which the chairman may censure. I found many cases where 
 large contracts had been promised, but no written agreement 
 made at the time. In all such cases where the persons had pre- 
 pared to do the work on the faith of these promises, I ordered 
 contracts to be executed. It may be gratifying to the chairman 
 to hear now, what he might have learned on enquiry from 
 me sooner — that very little loss has resulted from the laro-e 
 supply of wood, beyond the inconvenient, expense of payino- 
 for it, except in the interest on the amount. It was generally 
 of excellent quality. Whether good or bad, however, the 
 chairman cannot exactly fix it upon me, as he attempts to do. 
 
 His next count, is for right of way to Mr. Andrews in 
 Raleigh. The memory of the Treasurer has been somewhat 
 defective as to this transaction. It is not true as stated that 
 the deed of relinquishment signed by Andrews is in my pos- 
 session — it ought to be in its proper place, but it is true, that 
 Andrews signed a deed for right of way through one lot. 
 Nobody ought to know better than the Treasurer, however 
 that the payment to him was for an entirely different piece of 
 land. The facts are, as to this, that the Chief Engineer by 
 my consent, agreed with Andrews on a commission to assess 
 damages — the assessment was regularly made and afterwards 
 of necessity paid by us. The former President or the Trea- 
 surer could have informed the chairman, if he had enquired 
 whether high assessments at Raleigh or elsewhere, were unu- 
 sual, and what difficulties invariably attended such proceedin o-g. 
 
 The case of Gen. Trollinger at Haw River — is next. 
 
16 
 
 This was an act of the Board, deemed by them just and 
 right, of the propriety of which, as the chairman has enquired 
 into no connecting circumstance or reason, I take the liberty 
 of saying, he is wholly incapable of judging justly and truly. 
 He speaks with manifest ignorance and prejudice. In proof 
 of which, I take one single sentence — he says, " your commit- 
 tee learn the water is of no value, being only two miles from 
 Graham and four from the Shops." Judge of his capability 
 to enquire and pronounce, when I state a fact well known to 
 the Board, and to all men on the Road, except perhaps the Trea- 
 surer, or he would have mentioned it to the chairman, that 
 this worthless water has, during the dry summers, been our 
 chief dependence for 20 miles of Road next to it for the run- 
 ning of all our Trains ! — without it we must have stopped work 
 or provided other supplies, as the expensive station wells 
 totally failed. In this way it has paid far above its cost to us. 
 
 Next is the chairman's section on the Express Train which 
 is really so absurd throughout, and displays such unmitigated 
 ignorance of the subject, that I cannot undertake to mend its 
 blunders or correct the mis-statements — but will give a brief 
 account of this service, without reference to his statements. 
 
 This second service of passenger trains was commenced in 
 March of 1S57. The reasons which caused the Board to put 
 it in operation, were these : 
 
 The mail train left Charlotte early in the morning, and pass- ' 
 ed through the line by day to Goldsboro' in the evening. The 
 mail train of the Charlotte and South-Carolina Railroad, our 
 southern connection, arrived at Charlotte in the afternoon. 
 As a consequence, passengers coming through were detained 
 from 4 or 5 o'clock P. M. to 6 o'clock A. M., more t\v. n 12 
 hours at Charlotte, going north. The same was the case when 
 our train reaches Charlotte in the evening, and the passengers 
 had to wait until 8 o'clock next morning, or more than 12 
 hours, going south. This caused very great dissatisfaction, 
 and. as much complaint against the board as the chair- 
 man makes, if possible, but it could not be remedied. 
 We offered to divide the night running with the Charlotte 
 and South Carolina Road, but they were unwilling to subject 
 
17 
 
 their people along the line to this inconvenience to way travel. 
 We had the same difficulty, and finally, after much consulta- 
 tion, both Boards agreed to put on an additional service — the 
 Express Train-— as the only possible means of accommodating 
 the conflicting demands of through and way travel. Last 
 spring we concluded it was best to make the most of this se- 
 cond train by running it on through connections of time with 
 the South-Carolina Road, and the northern trains at Weldon 
 by way of the Raleigh & Gaston Road. This running with 
 through connections perfect, we entered upon on the 7th of 
 April last, and continued to the early part of January — as my 
 Report states, when, considering the proportion of time al- 
 lowed me less than it ought to be, and not thinking it good 
 policy to make this speed, while the unusual winter was so 
 hard on the road, and might endanger the trains, I reduced 
 the speed for a time. 
 
 This explains the service of the Express Train, its policy 
 and necessity, we had either to run one day train connecting 
 no where by 12 hours, or to run altogether at night, or to put 
 on this Express service. 
 
 As to its additional cost, the chairman chose to enquire of 
 the office men, and master mechanic rather than of myself. 
 This was of course to make cut, if possible, that my state- 
 ments, concerning it were incorrect. 
 
 These are the facts : — For the service of one train only, 
 there is required an equipment of seven engines — four mail— 
 and twelve passenger coaches, for both trains we use ten en- 
 gines and fourteen passenger coaches, with three baggage 
 cars. The actual additional expenditure per month for the 
 second train, does not exceed my statement of figures, which 
 he refers to. The statement he gives, as that of the master 
 mechanic, was never given by him as its cost, but is the chair- 
 man's own account made up from separate questions to the 
 master mechanic. The chairman cannot comprehend, and 
 this is not his fault, how should he, that two trains on a road 
 are not obliged to cost the double of one train, for the reason 
 that the two services united, may be operated more economi- 
 2 
 
18 
 
 cally and with a smaller equipment for both, than relatively 
 for one. 
 
 His estimates and comparisons as to the passenger traffic 
 are, in the same manner, wholly erroneous. The Express 
 train did much to save us from the same falling off in receipts 
 last year, which occurred, almost universally, upon all roads 
 in the country, by giving us some through travel, and by af- 
 fording greatly increased facility to way travel; so that our 
 road was one of the few which actually increased its receipts 
 in " the panic year. " 
 
 But what does the chairman propose ? That the General 
 Assembly shall pass an act to regulate the running of trains 
 on the North-Carolina Railroad, or appoint him, for his learn- 
 ed chapter thereon, superintendent of transportation on the 
 part of the State. What a commentary on railroad policy and 
 management, is this disquisition of the chairman ! That diffi- 
 cult thing, which has engaged the thoughts and labor and 
 years of able men in practice and study, which has been not 
 often successfully accomplished anywhere, which has caused 
 many to fail, few to succeed, this whole matter is mastered 
 and elucidated by reading the very good letter of our former 
 chief engineer, which, I am sure, he never expected to work 
 such a wonder, and by a few questions and estimates in a 
 committee room. 
 
 Next follows his remarks on the only loan debt of the road 
 — the eight per cent bonds. 
 
 This was sufficiently explained in my report of late date, 
 so as to be easily understood by all who desire to understand 
 it, and I do not consider it necessary to repeat what was then 
 said. The chairman can see this, and correct a common mis- 
 take referred to in my report, that upon the memorial of the 
 board, the last legislature passed an act "authorizing the di- 
 rectors to issue bonds," &c. It seems the chairman will not 
 know the tenor of this act, which was only to authorize the 
 rate of interest ; the authority to issue bonds being granted 
 by the charter. He can learn more of this loan matter than 
 he seems to know by reviewing my report, which I am afraid 
 his labors have caused him to neglect. 
 
19 
 
 As to the sinking fund therefor, he is again, as usual, mis- 
 taken, in thinking he discovers matter for censure of me in 
 the second action of the board ; these bonds were some time 
 ago set apart, but not registered, which is the last order of the 
 board. 
 
 The objections, complaints, and observations touching this 
 loan are so manifestly in a spirit of captious fault-finding, that 
 I let them pass for what they are — worth. 
 
 The next subject is— the Company Shops. The chairman, like 
 some of his friends on the line, seems to be rather unamiably 
 disposed towards this place, for although he admits its value 
 to the road, and does not exactly censure the location, he says, 
 " We do not find that Col. Gwynn or any other engineer re- 
 commended the town which must necessarily grow up around 
 the shops for the residence of the officers, &c, should be built 
 up by the Railroad Company." 
 
 Here is a very plain issue. The fact is stated in my late 
 report that this " town " was built according to plans on file, 
 approved, adopted, and handed to me. He had my report, 
 yet he makes the statement above, when he either knew or 
 refused to know — which he pleases — the facts, that the plans 
 and estimates for every building at the company shops, except 
 those for the hotel and master of the road, and for the store 
 house of Messrs. John M. Worth c& Co., were prepared under 
 the eye of the chief engineer, Col. Gwynn, and adopted. I have 
 reduced the cost on some, and changed the plans of others, 
 but am sorry to say, cannot claim the honor of the plans or 
 location. The censure of the chairman and his friends would 
 have very little terror for me otherwise. I may safely chal- 
 lenge him to go to this place and point out one unnecessary 
 building. He very well knows there is none such. He 
 knows, morevover, that by far the largest part of the work 
 .has been done under contracts made by the board of directors 
 and chief engineer before my term, and the balance at the 
 same rates. He knows that the day work of Dudley & Ash- 
 ley, which he publishes at length, was done under contract 
 made by Col. Gwynn. He knows that the day and "job" 
 work of Jas. Gr. Moore, which he publishes at length, was 
 
20 
 
 done under contract made with Col. Gwynn, and simply con- 
 tinued in force upon the same terms. He knows that the 
 heavy brick work was done under a similar contract with the 
 chief engineer, by order of the board, long ago, and that a 
 considerable part of the estimates of Dudley & Ashley was 
 for old work at Goldsboro' and elsewhere on the road. 
 
 He knows these things, or he is wilfully ignorant. I could 
 have informed him, the treasurer could have informed him, 
 or either one of all these men could have informed him. How 
 then does he stand as having mis-stated the facts ? He ex- 
 travagantly lauds the chief engineer on one page ; he places 
 his heaviest censure on his conduct upon the next. 
 
 A crooked pathway requires circumspect walking. 
 
 The chairman recites the cases of men who have done work 
 at the shops, and states the amounts of their estimates, but 
 has singularly overlooked one of the largest contractors of 
 them all, whose work was perhaps most profitable. His near- 
 est neighbors too, Messrs. McKnight and Houston, of the town 
 of Greensboro', their estimates amount in the aggregate to 
 $31,861 50. They did good work and received good pay, and 
 every indulgence and liberal treatment at my hands. Their 
 omission from the report of the chairman is a slight, I cannot 
 silently allow. Let justice be equal to all. 
 
 The chairman refers to one of the men engaged at this 
 place, Jas. G. Moore, in terms and in a spirit not becoming 
 his position. He calls Mr. Moore " a doer of odd jobs about 
 the shops." Any man may be " a doer of odd jobs " that are 
 clean work, without reproach, but I dare say the chairman 
 will agree with me in opinion, from his age and experience of 
 life, that the doing of obb jobs is often very hard work — harder 
 than it seems. 
 
 I must say a few words in defence of the contracts made 
 with Dudley & Ashley, and with Jas. G. Moore, by the chief 
 engineer, before my day; that they were carefully looked 
 into by me and found, in my judgment, to be just, fair, and 
 expedient ; that with Dudley & Ashley was for framing and 
 putting on the unusually heavy roofs on the shop buildings, 
 and the actual cost was less than any contractor would have 
 
21 
 
 bid on the work as a whole ; in fact, very few mechanics iu 
 the country were able to do it at all, as it was a work requir- 
 ing much skill, and attended with much expense and danger. 
 The estimates to these men on the house work were made ac- 
 cording to contract with them, upon regular measurements 
 by square, and at stipulated prices, which show for themselves 
 on the bills, fully as low as such work can be had for in the 
 country, and the whole, not only constantly observed by my- 
 self in its progress and completion, but also examined, inspect- 
 ed, measured and received, regularly and very carefully, by 
 a master mechanic, having more knowledge of his business 
 than any engineer could have, and much better qualified to 
 do this than the chairman has shown himself to be to examine 
 and report on Urn The chairman shows his ignorance in talk- 
 ing about measurements on a Railroad by " disinterested " 
 men. 
 
 The rates paid to Jas. G. Moore on his estimates made and 
 approved by the chief engineer first, and approved by me af- 
 terwards, because considered right and fair, have been set 
 forth as enormously extravagant. If the chairman had ven- 
 tured to look hack beyond my term he would have found 
 Moore's estimates there — and he wholly forgets that the chief 
 engineer was in office up to January 10th, 1856. 
 
 The terms of Moore's contract, were to furnish hands for 
 any and all work required of him — to serve in the shops, on 
 the engines, or cars, on the the road, or in any other capaci- 
 ty — to board and clothe them, to lose all lost time of bad 
 weather or otherwise, all sick time — and to be solely respon- 
 sible for them. 
 
 Will the chairman now undertake to do this as a profitable 
 undertaking? If so, I would almost venture to assure him a 
 contract, for all hands upon the road, as long as he pleases, be- 
 sides the privileges of whatever " odd jobs " may be required, 
 with a guarantee against any requsition but for the clean 
 work. 
 
 He is in much perplexity for the contracts of all these men. 
 This was my business, for which I am responsible always. Did 
 he ask me for the contracts f The work has been done, and no- 
 
body of all the grumblers and fault-finders question its suffi- 
 ciency. Let him point out a defect in any oi all the work ex- 
 ecuted, passed upon, and paid for by me, at the shops or on 
 the road. 
 
 The Hotel at the Shops is a prominent feature in the re- 
 port of the chairman, as it is a prominent structure on the 
 road, alike creditable, handsome and useful. He seems dis- 
 satisfied with its cost. I should have been better pleased my- 
 self if it had cost less ; but in all my experience of work, pub- 
 lic or private, I have never yet learned the secret of doing, or 
 having it done for less than it is worth. If the order of the 
 Board, which he refers to, had been so potent as to enable me 
 to make competent contractors build a proper house, at a 
 certain rate, then I ought to be held responsible for not do- 
 ing it ; but if the Board adopt a plan and order it to be car- 
 ried out, what then ? It could only be done, in this free 
 country, at the usual rate of work. 
 
 The questions then are : 1st. Was the Hotel needed ? Let 
 us enquire, as the chairman failed to do so. A number of 
 passengers leave Columbia at 7 P. M., travel all night and 
 reach the shops at 6 or 7, A. M. Do they need breakfast, or are 
 they to proceed to Goldsboro,' or to Weldon, fasting ? In like 
 manner, leaving Weldon or Goldsboro' at 12 or 1, P. M., they 
 reach the shops at 6 or 7, P. M. Are they to have supper, or 
 to go to Kingsville, more than 225 miles farther, fasting ! So 
 of our own people, for dinner, on both trains, up and down, 
 all do not live near enough to eat dinner at home, and all do 
 not carry their dinners along, or fast. It might answer very 
 well for those who are so bitterly against this indispensable 
 structure, to get along by such shifts ; but the great traveling 
 public will approve no such niggardly policy. It is the duty 
 of railroad companies to accomodate, and it is their interest j 
 only a short-sighted narrow policy can overlook both conside- 
 rations. 
 
 So much for the need, of the Hotel : now for its plan. This 
 was submitted to the Board and adopted, on my recommenda- 
 tion, if the chairman pleases ; I am not ashamed or afraid of 
 it. Does he find the house too large ? The occupant thinks it 
 
23 
 
 is not large enough. Is it extravagant or ornamental? We 
 thought it very plain. "Were the prices high for the building? 
 They were exactly at the rate estimated by the chief engineer, 
 throughout construction, for work done in brick and wood, by 
 the square, and the lumber cost less than was paid for a like 
 quality. 
 
 If then, the Hotel was needed — if it is a good plan — and its 
 cost has been only fair, who is censurable ? or for what is the 
 blame ? 
 
 I need not tell any one, who has ever traveled over the 
 road, that it was deplorably needed — a moral as well as phys- 
 ical need — to prevent profane remarks, offensive to " ears po- 
 lite, " and christian, as well as to refresh the physical exhaus- 
 tion of the tired traveler, and in no other way could this need 
 be supplied. 
 
 The chairman has exagerated the cost. He could have had 
 it by proper enquiry and examination. He does not ask me, 
 but he asks Mr. Fries, and he publishes a letter from Mr. 
 Fries, of his recollections touching the matter. If the chair- 
 man had been at the last annual meeting of the stockholders, 
 (which, of course, he could not be, as he is no stockholder) he 
 would have known that the recollections of Mr. Fries, touching 
 this, and other matters of equal importance, on the road, had 
 proved defective, as I then distinctly showed, and am ready 
 to show again, if need be. Nobody knew better than Mr. 
 Fries, for he is a man of worldly experience, that this hotel 
 was needed ; and he was therefore in favor of its being built. 
 His letter contains nothing requiring my notice in terms, ex- 
 cept that he as much misconceived my tone and manner, re- 
 ferred to, as he misapprehended my acts, and I miscounted 
 on his apparent cordial co-operation in them last year. 
 
 The chairman says, " what the several houses at the shops 
 cost, your committee believe no one can tell. " The chairman 
 "believes !" How can he properly have any belief without 
 enquiring to learn ? And 1 again say, he did not enquire to 
 learn, but to censure. As to the cost of the whole, or any part 
 of the shops or buildings, of whatever kind, it is easily and 
 accurately determined, from bills of material, and from esti- 
 mates, which are well known data. 
 
24 
 
 The chairman makes a discovery, which he regards of ex- 
 treme consequence, as to the date of entering up estimates by 
 the book-keeper ; and he says, " this is not the fault of the 
 book-keeper, but of the President. " A true word, sir, in this 
 report for one, in so far as it applies to responsibility. The 
 President ought to be responsible for every fault and omis- 
 sion of a railroad. The chairman forgot to add, however, that, 
 in the opinion ot many, he has no credit account. An act 
 which can be censured, is his " fault," no act which can be ap- 
 proved, is to his honor. JZas the chairman found one. But 
 as to this " fault. " It has been my habit of life, very much, 
 to attend to my own business, and to take all needful care of 
 the same, acccording to my judgment, as far as possible. Es- 
 timates and accounts are in my charge, until handed to the 
 book-keeper for entry ; and I have so far taken safe care of 
 them. Payments on these are only made on my warrant, as 
 President, and it is not for the Treasurer or any subordinate 
 to look behind this warrant. I have, ;:p to the present, man- 
 aged to make no improper payments, according to the very 
 strict auditing of the Board, and auditing committee, and have 
 satisfied these as to the manner of payments. Has the chair- 
 man found any wrong ? If so he has spared me its exposure. 
 
 The chairman gives a statement of Station Agents' accounts, 
 showing ballances due as by books. At the first time of his 
 attendance, (Jan. 4th.) to begin this examination, I strongly 
 urgedhim to examine carefully our system of Transportation 
 account, as one compiled from various roads, and as nearly per- 
 fect in its checks and balances as possible. He never did ex- 
 ami?ie it at all. This, by far the most important department 
 in its daily uses, to save all or lose much — he did not think it 
 worth while to look into one hour. 
 
 In this department we might lose, any month, by a bad 
 system, more than he deplores as lost in the accounts of Mc- 
 Rae, Trolingcr, Andrews, in rents and interest — but in this 
 department there was field of exploration to find matter to 
 censure. If he had looked into this he would have seen how 
 it is (a thing every year requiring long explanations) that bal- 
 ances appear against the Station Agents. For instance, on 
 
25. 
 
 31st of December, each Agent (as is his daily duty) sends to 
 the Office by mail train his return of freight sent to every 
 other Agent, and it is all charged up as against the Agent to 
 whom sent, that day : but it is not received for two days per- 
 haps, by the Agent charged with it, and certainly is not tak- 
 en from his warehouse and paid for, in the month of Decern- 
 her. It stands therefore as a balance appearing against him, 
 on the 1st of January — but it is in goods not delivered from 
 his warehouse, or in money due for freights. Such a show- 
 ing is unjust and very ungenerous towards faithful Agents, 
 who are thus made to appear as delinquents, when it is not 
 so. These Agents may claim to be at least as honest as the 
 Chairman. 
 
 The chairman states three cases where Agents are in default 
 and mis-states all of them. The one at Goldsboro' will be 
 only a little more than two thousand, not over five thousand 
 dollars, as he represents — this balance he promises to secure. 
 The one at Smithfield was an appointment of a former term, 
 and the loss was owing to uncollected freights at his death. 
 The one at Haw River is in suit, and the former Agent is con- 
 sidered good for it. As regards this case the chairman makes 
 an untrue and incorrect statement on information of the Trea- 
 surer, he says, which he must have misunderstood, as the 
 Treasurer could hardly have given him a perverted and par- 
 tial statement. The credit to this Agent for account of Gen. 
 Trollinger, was for freights of lumber delivered to the Haw 
 River Company. It was received from the Agent at the of- 
 fice, not on his leaving as is stated, but some time before, for 
 collection from this Company, and only ascertained to have 
 been paid by them to Trollinger, as was not expected by me, 
 some time afterwards. I neither expect nor propose that the 
 road shall lose this. As to the bonds of Agents, I long ago 
 notified the Treasurer that it was his duty to see to these 
 bonds ; to keep them, and see that they were good, to take 
 care that Agents are never in arrears, and to notify me if they 
 failed to pay up regularly. Whenever he has done so, I have 
 immediately required from them prompt accountability. But 
 the receipts of this road have been over a million of dollars 
 
through the Agents. The default of payments less than live 
 thousand dollars to this date in five years— the actual loss so 
 far beyond remedy not one thousand ! An immense loss this ! 
 
 As to the delinquent stock, about which he is troubled, it be- 
 longs to the Treasury. It is so much less of capital invested 
 — and so much less amount than the four millions of capital, 
 upon which any dividends could go out. The Board have 
 always considered it wiser to let this stand, rather than sell at 
 a sacrifice. The chairman probably thought it was given 
 away to the original subscribers. This was a mistake of his. 
 
 The chairman refers to the " Western North- Carolina Rail- 
 road" (he calls it the " Western Extension,") in a way that 
 may be mortifying to that Company. The Board of Direc- 
 tors have rather considered that in aiding this work we were 
 directly aiding and promoting our own interest — and they 
 have only made the same liberal terms for frieghts (of con- 
 struction — not for ordinary frieghts) with them, that this road 
 received from foreign corporations — in the course of its con- 
 struction. Our payments were made to these partly in stock of 
 the Company: this road pays us in cash. Its progress towards 
 completion will largely and constantly increase our receipts, 
 and so much is it identified in interest as to be called an "ex- 
 tension " of our road. Can the chairman see in this no rea- 
 son for liberal dealing towards that work? 
 
 Only one other point of the chairman's report, I shall further 
 notice, and this, because it is unfairly made. He gives an 
 extract from the report of the finance committee in July last, 
 and he omits a note referring to it. "When this report was 
 read in the meeting, I asked the chairman, Mr. Kirkland, if 
 he would be good enough to explain what it meant definitely, 
 as it sounded somewhat vaguely as well as harshly to my ap- 
 prehension. I asked if the committee had found anything in 
 error? he said nothing; anything wrong? nothing. Was the 
 transportation system more important than all else on the road 
 a good one ? he said, admirable in its perfect arrangements of 
 checks, balances and books. What then ? why, the plain 
 books of entry, the accounts with individuals, these only were 
 not as they should be. Such was the fact, until the present 
 
27 
 
 secretary and book-keeper, with great labor, brought up and 
 regularly entered from the first year of this corporation, cer- 
 'tain accounts. I found no account of liabilities due, listed for 
 reference when I came into this office, none was then kept 
 as now, hence the impossibility of determining the old in- 
 debtedness until it was presented for payment. It is conclu- 
 ded now that our books are in perfect order, as I believe them 
 to be, otherwise the chairman would have referred to them in 
 his report. 
 
 lie says on page 22, " ISTo system of book-keeping can be 
 adopted, which will make the book-keeper's balance sheet 
 show the truth, if the treasurer be required to pay on the 
 President's warrant, without showing/br what this warrant 
 issued, &c. " 
 
 ]STow the " truth " is, that every warrant ever issued does 
 show, "for what this warrant issued, " in express terms, and 
 if the chairman looked at a single warrant, he ought to know 
 that each one does so. 
 
 His reference to the condition of the treasury in July, 1S55, 
 and his remarks thereupon, I do not consider of sufficient im- 
 portance to authorize my extending this already very long 
 communication, id give it any notice, nor his attempted re- 
 view of my statements. My report of the history, affairs, con- 
 dition and prospects of this road, ought to be capable of sus- 
 taining an abler review than the chairman has made, or can 
 make, without being affected thereby. I have reason to be- 
 lieve that this report has been generally satisfactory to the 
 Legislature and to the public, nor do I apprehend that the 
 report of the chairman can disturb this satisfaction, but rather 
 must, by its character, confirm it. 
 
 In conclusion, sir, I have to say this, that standing in the 
 position of a state official, having charge of her most impor- 
 tant work, I have been arraigned before this General Assem- 
 bly on the charge of incompetent management of the work 
 entrusted to my hands, and a proposal was made by my ene- 
 mies to proceed upon an investigation. Let it be carefully 
 noted, 1st. The charter of this corporation gives no authority 
 to the .Legislature to make any such inquisition. 2nd. The char- 
 
ter does provide that the interest of the State shall he well 
 guarded by her representatives in the Board of Directors, ap- 
 pointed by the board of Internal Improvements. This being 
 so, I might have said to the proposal to examine, made by 
 those who I might have suspected did not intend to examine 
 fully and fairly. You are exceeding your jurisdiction, the 
 charter gives you no such authority, look to the reports of the 
 State's men, if you wish to see its condition. But, sir, I said 
 no such thing. On the contrary, strong in the consciousness 
 of a condition which we most desired to have made public, 
 knowing our acts to have been faithful and proper, I said for 
 the board and for myself, without hesitation. We waive all 
 question of jurisdiction, we shall be best gratified by your pro- 
 posed enquiry, here are our papers, books and men, they are 
 at your command, examine what you please and as you please, 
 only let it be impartial, fair and honest. 
 
 The oath directed by the law to be administered on all oc- 
 casions of inquisition, is, " to tell the truth, the whole truth, 
 and nothing but the truth, " to state the facts, to suppress 
 nothing, and to state only known facts. 
 
 I simply ask, has this been done, by the showing of the 
 chairman's own report ? He himself calls it an " imperfect 
 report, " and pleads lack of time. He begins his labors, 
 where ? at the beginning ? by no means. He begins after 
 more than two thirds of the work is built, after almost all is 
 contracted for, with the first act of mine, as he thinks, capable 
 of being censured, and what, let any just man say, is the spirit 
 and tenor of that report shown in every page ? — To arraign and 
 to censure my management. He proceeds to " examine " the 
 affairs of this corporation, as he would take an account, as 
 commissioner appointed by a County Court of a country store 
 co-partnership. In a work of millions, he seeks to show ex- 
 travagance and bad management in petty transactions, which 
 possibly may seem in his view, very important, but will look 
 to fair minded men very small, not only in their real conse- 
 quence, but far more in the fact, that only by such examples, 
 out of a great work of millions, can he find material for his 
 report. 
 
29 
 
 Even these trifles I have in this communication fully ex- 
 plained. 
 
 The chairman has studiously avoided addressing to me any 
 enquiries. He has asked questions from the subordinates 
 touching matters best known to me, as Chief in authority. 
 Could he thus obtain the fullest information ? He has cen- 
 sured me for work done, plans adopted, and contracts made, 
 before my term. Why ? Because not examining (if he did 
 not examine) the papers on tile, he has taken for granted, — this 
 fair, impartial, just inquisitor — that whatever was wrong, was 
 my act — whatever was right, the act of some one else. 
 
 Is this my allegation only ? — see his Report — see the con- 
 tracts of the men at the shops ; all made by Col. Gwynn, 
 originally, and for the kind of work he most censures, all 
 charged to me because he considered them as affording mat- 
 ter for his Report. 
 
 Would not any man of just purpose have been glad to see 
 an exhibit such as my Report has made, for information : the 
 Legislature and the people have been glad to see it, and what 
 is far more unsatisfactory to the chairman, they have been 
 satisfied with it, in advance of his report : — but the chairman 
 is inclined to be severe in referring to it; he calls it " a report 
 not authorized by the directors, so far as their journal shows, 
 nor provided for in the charter and by-laws of the company, 
 which has so much delayed our enquiries." This is very se- 
 vere on my " Report Extraordinary," which I flattered myself 
 the chairman might read, digest, and at least not condemn, 
 in such unqualified terms. 
 
 The chairman, sir, has been very hard to please or to satis- 
 fy. He commences by proposing in his place a proceeding 
 not warranted by the act of incorporation, as he states in his 
 first letter to me ; he proposes in the midst of his duties as a 
 legislator, for a few weeks, to undertake the herculean labor 
 of investigating the affairs of a large corporation through nine 
 years of its existence ! An absurd impossibility ! For it 
 might be questioned by some, if he could do it in nine or 
 twelve months. Being allowed by courtesy of its authorities 
 to proceed as he pleases in this adventure, he rapidly grows 
 
arrogant ; takes " the papers and books into possession" and 
 the men into custody. ; grants " leave of absence" and "orders" 
 attendance at his pleasure. But not satisfied with this, in 
 which he is indulged as harmless flourishing in the way of 
 " brief authority," he applies to the Senate for still further 
 power — this already potential Chairman — "to send for per- 
 sons and papers, and to examine under oath," although he 
 had, sir, I pray you to mark, all he required of both, which 
 we could give, freely subject to his commands; thus, by this 
 application, casting upon us, through the grave avenue of 
 legislative action, an imputation of having withheld what he 
 required for his enquiry, and an insinuation that serious dif- 
 ficuties had occurred. He asks for information only from sub- 
 ordinates, wholly ignoring the aid or existence of the ( liief 
 Officer ; he refuses to this official the use of his records ; he 
 complains, first, because a forthcoming report is too long de- 
 layed, then he impolitely slurs that report when it is issued 
 and does not exactly suit his uses, as " unauthorized ;" he 
 greatly lau. q s the chief engineer of construction, and he great- 
 ly censures his acts ; he thinks, upon the whole, rather well 
 of the company's shops, but he objects to the houses ; he be- 
 comes soon learned in the arts of railroad management, and 
 condemns emphatically our running of trains ; he finds the 
 train we thought our best and most profitable one is sinking 
 us so much per month that it is fortunate for the road receipts 
 he did not figure out the other train ; he proves to his own 
 satisfaction that there ought to be a large surplus in the trea- 
 sury : we have thought ourselves doing very well to be out of 
 debt and to have a small one. Finally, drawing his labors to 
 a close, he apparently relents from his stern character of pros- 
 ecutor on the part of the State, so far unwaveringly maintain- 
 ed, and for a moment, " the quality of mercy" allows — " that 
 in the 'management of so extensive a road, the most vigilant 
 and judicious administration might commit errors y" but he 
 concludes with this verdict — " that this road has been badly 
 managed by the President and Directors." How? — "In the 
 particulars which we have been able to examine, in the time 
 and under the circumstances, herein set forth. In many im- 
 portant particulars, we h r ~e made no examination." 
 
31 
 
 I give the chairman the full benefit of whatever publicity 
 this paper may confer on his " conclusion " — because I intend 
 to make a witness of him, and he shall not have to say that I 
 suppressed any portion of his "conclusion." 
 
 My respect, sir, for your honorable body, would not allow 
 me to speak harshly of the chairman or of his report — even 
 if I was disposed to do so, or deemed it worth while. I have 
 referred to the document as the chairman's report, and I shall 
 state here, what I have a right to say, and what will not be 
 denied — that of the signers, the senatorial associate has given 
 very occasional attendance on any meetings, and very little 
 aid in any enquiry. I state further that rarely in any meet- 
 ing of the committee has there been a general attendance. 
 Of course, therefore, it has been signed on the faith of the 
 chairman's enquiries. 
 
 But sir, what, after all, has been the value and the effect of 
 this examination — to the Legislature or to the State ? Does 
 the report give you the cost of the road in figures ? - Not at 
 all. Does it give you, for general information, any account of 
 its business in the past, and its prospects in the future — de- 
 finitely % None whatever. Is there a single specification of 
 mismanagement shown, in bad policy — neglect of duty — 
 danger to life, or loss of property ? Not one. Is a single in- 
 accuracy or mis-statement shown in my reports? Not one. 
 It is altogether made up of very small things — full of mis- 
 statements, which I have corrected — full of errors, which I 
 have exposed — and bears upon every page a manifest spirit 
 of censure — almost but not altogether throughout, for the 
 closing page makes a full amende ! 
 
 Shall I then be at trouble to defend mj'self, and to denounce 
 the chairman ! By no means. He is entitled to my best ac- 
 knowledgements. I return him publicly my tJianhs. His 
 examination has been of immense value to this much abused 
 public work, about which absolutely nothing was known or 
 understood heretofore, in directing public attentien to its con- 
 dition, and in causing that general interest to be felt in the read- 
 ing of its Ileport, which was never felt before. He has done 
 more than this. I call the chairman as my witnesp He shall 
 defend me against all enemies. Hear him : 
 
" Your committee believe, from the report of Col. Gwynn, oil 
 leaving the road, sustained by repeated reports of the President 
 and Directors, since that date, that the road was cheaply con- 
 structed, and its future prospects, if well, and economically man- 
 aged, are highly encouraging." 
 
 This is the result of his labors, very satisfactory to me, and 
 surely to all concerned. This is his opinion, at last, of ray 
 much censured, "badly managed" work. "Cheaply con- 
 structed" with "future 'prospects" that are "highly encouraging" 
 I have the honor to be 
 
 Yery respectfully, 
 
 Your ob't servant, 
 
 CHAS. F. FISHER. 
 
APPENDIX. 
 
 February 18, 1859. 
 
 The foregoing communication was sent to be delivered to 
 the Speaker of the Senate on Tuesday, but did not reach him 
 till Wednesday morning; it was, I presume, then overlooked, 
 until after the morning hour. 
 
 The adjournment was fixed for Thursday morning, early. 
 Of course, therefore, it was necessary that it should be heard 
 after the morning hour, or not at all. When it was proposed 
 to take up this communication in the evening, the motion was 
 bitterly opposed as out of order, and several hours were con- 
 sumed in an attempt to talk it down. Seeing the intention to 
 do this, I requested my friends, as a personal favor to me, to 
 withdraw the paper, as the opposition to its being received 
 and read showed a determined intent to cut me off from any 
 hearing, and to consume the remainder of the session in op- 
 posing it ; but then its withdrawal was objected to by the 
 same persons who had opposed its being received, and it was, 
 therefore, ordered to be read, and the reading commenced. 
 
 The clerk had proceeded as far as on the third page, to this 
 sentence — " A courtesy, as appeared later, which the chair- 
 man was not able to appreciate " — when the reading was in- 
 terrupted by the most violent language and action of the Sen- 
 ators from Orange and Johnston, Messrs. Turner and Leach, 
 and the paper objected to as disrespectful to the Senate — 
 most proper guardians of its dignity, these persons, who were 
 then disgracing themselves and insulting that body ! 
 
 Such was their conduct and language, that the reading, be- 
 ing of necessity, suspended, an irregular discussion followed^ 
 

 2 
 
 (near the hour of eleven o*clock at night,) which seemed likely 
 to last to the end of the session, when, seeing the determina- 
 tion of these and other Senators to suppress this hearing and 
 printing, although even at the cost of every hour left, and 
 seeing the large amount of private and public business yet 
 unfinished and waiting action in the bills covering the Speak- 
 ers table, I again earnestly begged my friends to withdraw 
 the communication, as I could not consent to this defeat of 
 public and private bills and waste of precious time, for any 
 reason, and would rather suffer the outrage than allow all leg- 
 islative action to be obstructed, on so much remaining to be 
 done, when the last hours of the session were rapidly drawing 
 near. After much opposition in motions to adjourn, the mo- 
 tion to allow the withdrawal was carried. 
 
 The Senator from Orange pretended to propose a resolu- 
 tion, which he said was for receiving this paper, early in the 
 evening, after the motion of the Senator from New Hanover 
 to receive it. 
 
 His object was well understood to be insidious, and wholly 
 for effect. 
 
 What has been the course of this whole proceeding, will 
 appear by a brief review: 
 
 Early in the Session, a Senator proposes in his place to 
 raise a committee to examine into the affairs and condition of 
 a State Work — and the committee is appointed. Some weeks 
 elapse, and the Chairman writes to the Chief Officer of this 
 work a letter in which he says : 
 
 " We give you this early notice, ~becau.se %oe are aware that 
 your Charter contains no' provision authorizing the General 
 Assembly to investigate the affairs of your Company" &c. 
 
 My reply to this letter was a prompt assent to their propos- 
 ed enquiry, and whether or not there was law or right, I 
 willingly waived the question of both law and right, and 
 placed all material at the command of the committee for its 
 use — papers, books, men, officers. I offered ray own aid, and 
 invited its free use. I asked the committee to go with me to 
 the Company Shops and see for themselves. They proceed 
 in an examination of papers, books, and men for weeks, as 
 
they please. They " take into possession" and into custody—* 
 they assume authority as if by law, not by courtesy, and ex- 
 ercise it arrogantly and offensively. All this usurpation is 
 submitted to. The labor is closed, and a Bill of Indictment 
 is preferred, as its result, containing statements false, perver- 
 ted and virulent ; bearing on every page the impress of a bad 
 and censorious spirit; showing what the law describes as 
 " malice aforethought." 
 
 Having been thus, without warrant of law, brought into 
 the Senate Chamber, arraigned, tried and censured on an ex 
 parte hearing and statement, I am, in the opinion of the hon- 
 ti&ahle and just judges, who are prepared to " punish first, 
 and try afterwards" — to be ordered to depart in silence : no 
 reply can be made by " an outsider" (this was their refined 
 term) before this sacred jurisdiction, to false charges — bu - 
 they must go forth unanswered, as if the truth ! Well might 
 an honorable and distinguished Senator ask if the Senate of 
 North-Carolina was to be converted into a " Star Chamber" 
 
 It was all right, in the view of these highly honorable and 
 just senatorial judges, for a Legislative Chairman of a com- 
 mittee to proceed on an unauthorized investigation, upon ex 
 parte evidence, to suppress the truth, to pervert plain trans- 
 actions, to receive secret information, not given under oath, 
 to seek whatever is capable of being turned to censure, to 
 find nothing whatever in a term of years to approve, to make 
 out a prosecutor's report defamatory of character — and then 
 come to publish it under the sacred protection of the Senate, 
 and no man shall dare to say it is false, or he is committing 
 an outrage on the chamber and body ! 
 
 The report of this chairman is far too contemptible in char- 
 acter and in substance to require even the notice I have given 
 it in my reply, which, in terms, is respectful to the Senate and 
 mild for its deserts ; but 1 was required to answer, because 
 otherwise it would go forth as truth, to mislead the unsus- 
 pecting and to serve the unscrupulous, and having to reply, it 
 was necessary, to call what is false, properly. Since, however, 
 this respectful reply has been lefused a just hearing, I intend, 
 on my responsibility, to characterize the whole proceeding as 
 
4 
 
 it'deserves, without claiming any protection of " privilege/' 
 For what is said. 
 
 The effort will be made by those who disgraced themselves 
 and insulted the dignity of the Senate by their violent con- 
 duct in this matter, to give the whole affair a party coloring, 
 and so shield themselves from public indignation, by exciting 
 par,ty prejudice and protection. They shall not do this. 
 The unsuspecting honest are too often so misled by dema- 
 gogues. I refer to the facts. The Legislature was largely 
 Democratic in majority. Did this majority interpose its shield 
 over me ? Did any voice object to this proposed examination ? 
 Did Democratic speakers constitute the Committees with any 
 special favor to me ? Only in the last scene of this proceed- 
 ing was I sustained by Democratic men, — because, first, 
 they were my personal friends, and just men; and, secondly, 
 the proceeding was then only made to assume a partisan as- 
 pect to protect an unjust action. Forme, the Democratic men 
 of the Legislature have done all I asked of them, and this all 
 was to propose and vote to give my reply a fair hearing. 
 where the false charges were alledged — that is, the simple jus- 
 tice the law always secures even to the humblest. Beyond 
 this justice, I have asked from the Democratic majority noth- 
 ing whatever. Nor do I now ask anything. I place myself 
 under a better defence than any political majority can give. 
 Under the defence of truth, justice and my own acts. Not 
 as a partisan was I placed in charge of this State work ; not 
 as such have I controlled and directed its power and patronage. 
 
 This conspiracy to defame my administration of the work, 
 has been suggested as well by Democratic knaves as by oth- 
 ers. These are known to me — their malice, their vindic- 
 tiveness and their cowardly acts. They gave the chairman 
 false suggestions and aided his inquisitions. 
 
 If he 
 
 secret 
 
 thinks proper to go farther, rnd will give me "authority to 
 send for persons and papers and to examine under oath" I 
 will prove what is here said — and more. He and they shall 
 have as much of it as they please. And I promise all these, 
 of whatever degree, that their malignity shall defeat itself. I 
 will try, as in the past, to meet them always more than half 
 way, not at all doubting, as in this past, my ability to cover 
 them with confusion by the plain words of truth. 
 
 CHAS. F. FISHER. 
 
UNIVERSITY OF N.C. AT CHAPEL HILL 
 
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