Papers Of Abraham Lincoln

30th CONGRESS,

S. 95. (Pub.)

1st Session.

(No. Report.)
IN THE HOUSE OF REPRESENTATIVES.
May 4, 1848.
Read twice, and referred to the Committee on Public Lands.
June 23, 1848.
Mr. Collamer, from the said committee, reported the same back with amendments: the committee propose to strike out those words in (brackets) and insert those in italics.
AN ACT
Granting to the State of Illinois the right of way and a donation of public lands for making a railroad connecting the Upper and Lower Mississippi with the chain of northern lakes at Chicago.

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12 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That there be, and hereby is, granted to the
State^s^ of Îndiana and^ Illinois, ^jointly^ for the purpose of aiding said State^s^ in
^constructing &^ completing the â^ railroad from ^[~~...~~?] in the State of Indiana^ Chicago, on Lake Michigan, ^the Ohio & Mississippi Rail Road as contemplated in the action^
to the Upper Mississippi, on the most eligible route, ^corporating the Ohio & Mississippi R.R. Co—passed by the General assembly of the state of Indiana at its session of 1847 & 48.^ a quan-
tity of land equal to one half of six ^ [~~four~~?] five^ sections in width on
each side of said railroad; to be selected in alternate sec-
tions or part of sections by an agent or agents to be ap-
pointed by the governor^s^ of said State^s respectively^ subject to the ap-
proval of the Secretary of the Treasury; (and if any of
the sections or parts of sections within the limits aforesaid

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cumbered, so that they cannot be so applied, a quantity of
land, equal to that so sold or otherwise disposed of or
encumbered, shall be selected by said agent, under the di-
rection of the Secretary of the Treasury, from the public
lands within twenty miles of the route of said railroad, on
either side thereof.)

⋄provided that the lands so granted to the said states of Indiana & Illinois shall be by them jointly subscribed âs stock^ to said rail Road Company for the construction of said road, in such way as may be designated by the respective legislatures of said States and upon the completion of said Road such stock shall be Equally divided between the said States—and the said stock so held to by each state shall be ^so^ held as a perpetual trust for the support of common schools in each of said states or either ôr both^ of said states may at their election endow with the whole or any part of their respective shares of such stock such schools or universities as are or may be Established in either of said states for the diffusion of agricultural and mechanical learning—and provided further that no portion of such stock shall be for the purposes aforesaid or any other purpose disposed ôf^ but the nett proceeds or dividends upon the same alone shall be appropriated therefore and should either of said states divert said stock or the proceeds thereof—or any part of the same or either ôf them^ to any other than one or the other of the aforesaid purposes—such diversion and all acts making or attempting to make the same shall be absolutely void & the stock or proceeds thereof so attempted to be diverted shall thereby become forfeited and vest absolutely in the United States and be subject to the order and control of the secretary of the Treasury thereof.⋄

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18 in said State, to extend from Cairo to Chicago, with a
branch from said road, at a near and convenient point
thereon, to Mt. Carmel, on the Wabash river, upon the
most eligible route, to be determined by the legislature of
said State, (to Alton, via Springfield,) and also for the
northern cross railroad, extending from the Mississippi,
via Springfield, to the Indiana line, in the direction of
Covington, with a branch to Alton, from a point on the
northern cross railroad between Springfield and the Il-
linois river, on the most eligible route, there is hereby
granted to said State an equal quantity of land on each side
of said railroads, and to be selected as is provided in the
first section of this act; [?] if any of the said sections
or parts of sections, with [?] limits aforesaid, have been
sold, or otherwise disposed of or encumbered, so that they
cannot be so applied, a quantity of land equal to that so

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lected by said agent, under the direction aforesaid, from
the public lands within twenty miles of the line of said
railroad, on either side thereof,) and the (sections of lands
which, by such grant to the State of Illinois, shall remain
to the United States, shall not be sold for less than double
the minimum price of the public lands when sold,) alter-
nate sections which remain to the United States by the
grants in this act, shall not be sold for less than two dol-
lars and fifty cents per acre.

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9 Sec. 3. And be it further enacted, That the said
lands hereby granted to the said State^s^ shall be subject to
the disposal of the legislature^s^ thereof ^respectively^ for the purposes
aforesaid, and no other; ^ [?] ^; and the said railroads, and each
of them, shall be and remain a public highway for the use
of the government of the United States, free from toll or
other charge (upon cars or carriages the said govern-
ment may place thereon, and) upon the transportation of
any property or troops of the United States.

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6 Sec. 4. And be it further enacted, (That if the said
railroads shall not be completed within fifteen years, the
said State^s^ of Îndiana & ^ Illinois ^respectively^ shall be bound to pay to the United
States the amount which may be received upon the sale o[f?]
any part of said lands by Êither of^ said State^s^ the title to the pur-
chasers under said State remaining valid.) That the

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18 lands hereby granted shall be disposed of by said State^s or the aforesaid company^
only in manner following, to wit: that a quantity not ex-
ceeding sixty sections on each of said roads, and in-
cluded within a continuous length of ten miles of each ^said^
road, may be sold ôr conveyed^; and when the governor of said State
shall certify to the Secretary of the Treasury that ten
miles of any ^part^ of said roads are îs^ completed, then another
like quantity may be sold ôr conveyed^ on that ê^ road, and so from time
to time, until said roads are îs^ completed; and if said roads
are îs^ not completed within twenty years, no further sales
shall be made, and the land unsold shall revert to the
United States.

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1 Sec. 5. And be it further enacted, That, before it
shall be competent for the State^s^ of Îndiana or^ Illinois to (dispose of)
select any of the lands to be selected as aforesaid, a plat
or plats of the courses, distances, and points of termina-
tion of said railroads ^within the limits of said st such state^ shall be furnished by the said State
to the Commissioner of the General Land Office, desig-
nating also the top and bottom widths of said roads; and
that the said State shall furnish to said commissioner
profiles of said roads, upon the usual working scales,
showing the depths of cutting and filling at, at least, each
one hundred feet of said roads, and also the grades
thereof.
Sec. 6. And be it further enacted, That the State^s^ Ôhio & Mississippi Railroad company—^

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12 of Illinois ^ Indiana be, and is hereby, authorized to survey and
mark, through the public lands of the United States, the
routes ^ of said railroads, (and that twenty-five feet of the
said lands on both sides of each of said railroads, in addi-
tion to one hundred feet, the width of each, respectively,)
and that a width equal to twice the depth of cutting or
filling at each point of said roads, together with forty
feet added thereto, be reserved from sale on the part of the
United States, on each side of the central line of said
railroads , and the use thereof forever vested in the said
State ^company^, for the purpose aforesaid, and none other.

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5 Sec. 7. And be it further enacted, That no lands
reserved for schools, or for military or other purposes, nor
mineral lands, ^shall be selected by either of said states under this act^ nor any to which the right of pre-emption
has attached, shall be selected by said State under this êxcept subject to the incumbrance of such presumption^
act.

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8 Sec. 8. And be it further enacted, That the United
States mails shall be carried on said road, under the regu-
lation of the Post Office Department, at (a reasonable
price,) the minimum price for similar service paid on
other railroads, and in case of disagreement between the
State and the Department as to the price, then the matter
in dispute shall be referred to the United States district
judge for said State. ôf Indiana^

S. No. 95.—2.

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[ docketing ]
670

[ docketing ]
HR. 670

[ docketing ]
December 18, 1848
M^r Dunn on leave introduced the following bill which was read twice & referred to the Committee on Public Lands

[ docketing ]
28

[ docketing ]
Nô 670

[ docketing ]
A ⋄ By Mr. DUNN: Of a bill granting the right of way over the public lands in the States of Indiana and Illinois to the Ohio and Mississippi Railroad Company, and a portion of the public lands within said States of Indiana and Illinois to said States respectively, to be by them appropriated in the construction and completion of a railroad to be constructed by said company.⋄

[ docketing ]
22 HR
Pub Lands

[ docketing ]
Geo. G. Dunn

1 2 3 4 5 6 7 8 9 10 11 12	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That there be, and hereby is, granted to the State^s^ of ^Indiana and^ Illinois, ^jointly^ for the purpose of aiding said State^s^ in ^constructing &^ completing the ^a^ railroad from ^[~~...~~?] in the State of Indiana^ Chicago, on Lake Michigan, ^the Ohio & Mississippi Rail Road as contemplated in the action^ to the Upper Mississippi, on the most eligible route, ^corporating the Ohio & Mississippi R.R. Co—passed by the General assembly of the state of Indiana at its session of 1847 & 48.^ a quan- tity of land equal to one half of six ^ [~~four~~?] five^ sections in width on each side of said railroad; to be selected in alternate sec- tions or part of sections by an agent or agents to be ap- pointed by the governor^s^ of said State^s respectively^ subject to the ap- proval of the Secretary of the Treasury; (and if any of the sections or parts of sections within the limits aforesaid
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13 14 15 16 17 18 19	have been heretofore sold, or otherwise disposed of or en- cumbered, so that they cannot be so applied, a quantity of land, equal to that so sold or otherwise disposed of or encumbered, shall be selected by said agent, under the di- rection of the Secretary of the Treasury, from the public lands within twenty miles of the route of said railroad, on either side thereof.)

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18	in said State, to extend from Cairo to Chicago, with a branch from said road, at a near and convenient point thereon, to Mt. Carmel, on the Wabash river, upon the most eligible route, to be determined by the legislature of said State, (to Alton, via Springfield,) and also for the northern cross railroad, extending from the Mississippi, via Springfield, to the Indiana line, in the direction of Covington, with a branch to Alton, from a point on the northern cross railroad between Springfield and the Il- linois river, on the most eligible route, there is hereby granted to said State an equal quantity of land on each side of said railroads, and to be selected as is provided in the first section of this act; [?] if any of the said sections or parts of sections, with [?] limits aforesaid, have been sold, or otherwise disposed of or encumbered, so that they cannot be so applied, a quantity of land equal to that so
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19 20 21 22 23 24 25 26 27 28	sold, or otherwise disposed of or encumbered, shall be se- lected by said agent, under the direction aforesaid, from the public lands within twenty miles of the line of said railroad, on either side thereof,) and the (sections of lands which, by such grant to the State of Illinois, shall remain to the United States, shall not be sold for less than double the minimum price of the public lands when sold,) alter- nate sections which remain to the United States by the grants in this act, shall not be sold for less than two dol- lars and fifty cents per acre.
1 2 3 4 5 6 7 8 9	Sec. 3. And be it further enacted, That the said lands hereby granted to the said State^s^ shall be subject to the disposal of the legislature^s^ thereof ^respectively^ for the purposes aforesaid, and no other; ^ [?] ^; and the said railroads, and each of them, shall be and remain a public highway for the use of the government of the United States, free from toll or other charge (upon cars or carriages the said govern- ment may place thereon, and) upon the transportation of any property or troops of the United States.
1 2 3 4 5 6	Sec. 4. And be it further enacted, (That if the said railroads shall not be completed within fifteen years, the said State^s^ of ^Indiana & ^ Illinois ^respectively^ shall be bound to pay to the United States the amount which may be received upon the sale o[f?] any part of said lands by ^Either of^ said State^s^ the title to the pur- chasers under said State remaining valid.) That the
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7 8 9 10 11 12 13 14 15 16 17 18	lands hereby granted shall be disposed of by said State^s or the aforesaid company^ only in manner following, to wit: that a quantity not ex- ceeding sixty sections on each of said roads, and in- cluded within a continuous length of ten miles of each ^said^ road, may be sold ^or conveyed^; and when the governor of said State shall certify to the Secretary of the Treasury that ten miles of any ^part^ of said roads are ^is^ completed, then another like quantity may be sold ^or conveyed^ on that ^e^ road, and so from time to time, until said roads are ^is^ completed; and if said roads are ^is^ not completed within twenty years, no further sales shall be made, and the land unsold shall revert to the United States.
1 2 3 4 5 6 7 8 9 10 11 12 1	Sec. 5. And be it further enacted, That, before it shall be competent for the State^s^ of ^Indiana or^ Illinois to (dispose of) select any of the lands to be selected as aforesaid, a plat or plats of the courses, distances, and points of termina- tion of said railroads ^within the limits of said st such state^ shall be furnished by the said State to the Commissioner of the General Land Office, desig- nating also the top and bottom widths of said roads; and that the said State shall furnish to said commissioner profiles of said roads, upon the usual working scales, showing the depths of cutting and filling at, at least, each one hundred feet of said roads, and also the grades thereof. Sec. 6. And be it further enacted, That the State^s^ ^Ohio & Mississippi Railroad company—^
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2 3 4 5 6 7 8 9 10 11 12	of Illinois ^ Indiana be, and is hereby, authorized to survey and mark, through the public lands of the United States, the routes ^ of said railroads, (and that twenty-five feet of the said lands on both sides of each of said railroads, in addi- tion to one hundred feet, the width of each, respectively,) and that a width equal to twice the depth of cutting or filling at each point of said roads, together with forty feet added thereto, be reserved from sale on the part of the United States, on each side of the central line of said railroads , and the use thereof forever vested in the said State ^company^, for the purpose aforesaid, and none other.
1 2 3 4 5	Sec. 7. And be it further enacted, That no lands reserved for schools, or for military or other purposes, nor mineral lands, ^shall be selected by either of said states under this act^ nor any to which the right of pre-emption has attached, shall be selected by said State under this ^except subject to the incumbrance of such presumption^ act.
1 2 3 4 5 6 7 8	Sec. 8. And be it further enacted, That the United States mails shall be carried on said road, under the regu- lation of the Post Office Department, at (a reasonable price,) the minimum price for similar service paid on other railroads, and in case of disagreement between the State and the Department as to the price, then the matter in dispute shall be referred to the United States district judge for said State. ^of Indiana^
	S. No. 95.—2.