A Bill
granting to the State of Alabama the right of way and a donation of public lands for making a railroad from Mobile to the mouth of the Ohio river, and for other purposes.
granting to the State of Alabama the right of way and a donation of public lands for making a railroad from Mobile to the mouth of the Ohio river, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled. That there be and hereby is granted to the State of Alabama,
for the purpose of aiding said State in constructing a railroad, from Mobile to the
mouth of the Ohio river, on the most eligible route, a quantity of land equal to one
half of six sections in width, on each side of said railroad, to be selected in alternate
sections or parts of sections, by an agent or agents to be appointed by the Governor
of said State, subject to the approval of the Secretary of the Treasury; and the alternate
sections reserved on the line of the road which remain to the United States by the
grants in this act, shall not be sold for less than two dollars and fifty cents per
acre.
Sec 2 And be it further enacted, That the said lands, hereby granted to the said State,
shall be subject to the disposal of the Legislature thereof, for the purposes aforesaid,
and no other; and the said railroad shall be, and remain a public highway for the
use of the government of the United States, free from toll, or other charge for the
transportation of any property or troops of the United States.
<Page 2>
<Page 3>
Sec 3 And be it further enacted, That if the said railroad shall not be completed
within fifteen years, the said State of Alabama shall be bound to pay to the United
States the amount which may be received upon the sale of any part of said lands by
said State, the title to the purchasers under said State remaining valid.
Sec 4 And be it further enacted. That before it shall be competent for the State of
Alabama to dispose of any of the lands to be selected as aforesaid, a plat or plats
of the courses, distances and points of termination of said railroad, shall be furnished
by the said State to the Commissioner of the General Land Office.
Sec 5 And be it further enacted, That the State of Alabama be, and is hereby, authorized
to survey and mark, through the public lands of the United States, the route of said
railroad, and that twenty five feet of the said lands, on both sides of said railroad,
in addition to one hundred feet, the width thereof be reserved from sale on the part
of the United States, and the use thereof forever vested in the said State, for the
purpose aforesaid, and none other.
Sec 6 And be it further enacted That no lands reserved for schools, or for military
or other purposes nor any to which the right of pre-emption has attached, shall be
selected by said State under this act.
Sec 7 And be if further enacted That the United
<Page 4>
<Page 5>
States mails may be carried on said road, under the regulation of the Post Office
Department, at 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.
Sec 8 And be it further enacted That there be, and hereby is granted to the States
of Alabama and Florida for the purpose of aiding in the construction of a railroad
from Montgomery in the State of Alabama to Pensacola in the State of Florida, and
from Pensacola to the waters of the Tensaw river or Mobile Bay in the State of Alabama,
the alternate sections of the public lands in the said States through which the said
road or roads may respectively pass, equal in quantity to one half of six sections
in width on each side of said road or roads to be selected in alternate sections or
parts of sections in the manner and upon the limitations and conditions herein provided.
Sec 9 And be it further enacted That after the said road from Montgomery to Pensacola,
with a branch or lateral road, from some eligible point on the main stem of the said
road from Montgomery to Pensacola to the Chattahooche river, and the road from Pensacola
to the waters of the Tensaw river or Mobile bay have been located and marked out,
and the routes through the public lands designated then the governors of the States
of Alabama and Florida, subject to the approval
<Page 6>
<Page 7>
of the Secretary of the Treasury of the Treasury of the United States, shall appoint
for their respective States an agent or agents to select the alternate sections or
parts of sections within the limits aforesaid; in the said States which said alternate
sections, or parts of sections shall be reserved from sale and entry, and be vested
in the States of Alabama and Florida respectively for the purpose of aiding in the
construction of said roads, upon the following limitations and conditions, viz That
neither of the States of Alabama or Florida shall ever dispose of the lands hereby
granted, for any other object than the aiding the construction of said railroads;
and whenever it shall be made to appear to the Secretary of the Treasury that ten
miles of the proposed roads have been constructed in good faith, then the State in
which the said ten miles have been constructed, or its assignees, shall be entitled
to receive patents for the alternate sections and parts of sections for the width
of six sections on each side of said road so constructed, and in like manner for each
ten miles of road as they are completed, until the said roads are finished.
Sec 10 And be it further enacted That before it shall be competent for either of the
States of Alabama or Florida to dispose of any of the lands to be selected as aforesaid
the requirement of the fourth section of this act shall be complied with, and the
alternate sections and parts
<Page 8>
<Page 9>
of sections reserved by the United States, shall not be sold for less than two dollars
and fifty cents per acre.
Sec 11 And be it further enacted That the States of Alabama and Florida be and are
hereby authorized to survey and mark through the public lands of the United States,
the routes of said railroads in their respective States, and that twenty five feet
of the said lands, on both sides of the said railroads, in addition to one hundred
feet, the width thereof, be reserved from sale on the part of the United States, and
the use thereof forever vested in ^the^ said States respectively or their assignees, any law to the contrary notwithstanding
for the purpose aforesaid and none other.
Sec 12 And be it further enacted. That the1 United States shall forever have the privilege of transporting over the said roads
troops in their service and munitions of war free of charge, and the mails of the
United States shall be carried on said roads under the regulation of the Post Office
Department at the minimum price for similar services paid on other railroads and in
case of disagreement as to the price then the matter in dispute shall be referred
to the United States district judge for the southern district of Alabama for decision
which decision shall be conclusive between the parties.
Sec 13 And be it further enacted That unless the said railroad from Montgomery to
Pensacola with a branch or lateral road from the
<Page 10>
<Page 11>
most eligible point on the main stem of said road to the Chatahoochee river, and the
road from Pensacola to the waters of the Tensaw river or Mobile bay are completed
within ten years from the passage thereof, then the rights and privileges granted
to the States of Alabama and Florida in relation thereto, shall ^cease and^ determine, except so far as rights have vested for that portion of said roads actually
furnished.
Sec 14 And be it further enacted. That nothing in this act shall be construed so as
to vest in the State or States aforesaid a title to any land now in the possession
of an actual settler, until said settler shall be allowed two years to enter the same,
by a pre emption, extending to one quarter section.
Sec. 15 And be it further enacted. That whenever the route for the railroad from Jackson
through Brandon, to the western boundary of Alabama in the direction of Montgomery,
in said State, shall be surveyed and established, there shall be and is hereby, granted
to the State of Mississippi alternate sections of the public lands on each side of said road, throughout the said route from Jackson, through Brandon,
to the said western boundary of the State of Alabama; said grant not to extend beyond
six miles on each side of said road; the sections which are odd in number being hereby
granted to the said State of Mississippi, and those which are even in number being
hereby reserved to the United States; Provided, nevertheless,
<Page 12>
<Page 13>
That said grant is hereby made on the condition that the proceeds of the sales of
said lands thus granted to the said State of Mississippi shall be faithfully applied
by said State to the construction of said railroad, and to no other purpose whatever;
And provided That the selections of lands to be made by said State, under this act,
shall not extend to any land to which the right of pre-emption may attach; and that
they shall be made by an agent or agents, to be appointed by the governor of said
State, under the direction of the Secretary of the Treasury; and that the said work
shall be commenced within two years, and finished within five years, from the passage
of this act.
Sec 16 And be it further enacted That the right of way over the lands of the United
States is hereby granted to the said State, for the construction of said road; Provided,
however, That the said right of way shall not be construed to extend to a strip of
land more than one hundred feet wide on each side road from the commencement to the
termination of said road.
Sec 17. And be it further enacted That said railroad, when completed, shall be and
forever remain a public highway for the use of the government for the United States,
for the transportation of troops and munitions of war free from any charge whatever,
and for the transportation of the mail at rates not exceeding those charged on other
roads of similar class.
<Page 14>
<Page 15>
Sec 18 And be it further enacted. That there be and hereby is granted to the State
of Missouri for the purpose of aiding said State to construct a railroad from the
town of Saint Joseph in said State, to the city of Hannibal in said State, a quantity
of land equal to one half of six sections in width, on each side of said road to be
selected in alternate sections, or parts of sections by an agent or agents to be appointed
by the Governor of said State, subject to the approval of the Secretary of the Treasury;
and the alternate sections of lands which by said grant to the State of Missouri shall
remain to the United States shall not be sold for less than two dollars and fifty
cents per acre.
Sec 19. And be it further enacted That the said lands hereby granted to the said State,
shall be subject to the disposal of the legislature thereof for the purposes aforesaid
and no other; and the said railroad 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 government may place thereon and upon the transportation of
any property, or troops of the United States.
Sec 20 And be it further enacted. That if the said railroad shall not be completed
within fifteen years the said State of Missouri shall be bound to pay to the United
States the amount which may be received upon the sale of any part of said lands by
said State, the title to the purchasers
<Page 16>
<Page 17>
under said State remaining valid.
Sec 21. And be it further enacted That before it shall be competent for the State
of Missouri to dispose of any of the lands to be selected as aforesaid a plat or plats
of the courses, distances and points of termination of said road shall be furnished
by said State to the Commissioner of the Land Office.
Sec 22 And be it further enacted That the State of Missouri be and is hereby authorized
to survey and mark through the public lands of the United States the route of said
railroad, and that twenty five feet of the lands aforesaid on both sides of said railroad
in addition to one hundred feet, the width of said railroad, be reserved from sale
on the part of the United States and the use forever vested in the said State for
the purposes aforesaid and no other.
Sec 23 And be it further enacted That no lands reserved for schools or for military
purposes or other purposes nor mineral lands, nor any to which the right of pre-emption
has attached shall be selected by said State under this act.
Sec 24 And be it further enacted. That the Legislature of the State of Missouri shall
have power by law to prescribe such rules, regulations conditions, limitations and
restrictions concerning the funds arising from said lands as may be necessary and
proper to secure to the people of said State, the benefit of said funds, not incompatible
with the foregoing provisions of this bill.
<Page 18>
<Page 19>
Sec 25. And be it further enacted That the United States mail shall be carried on
said road under the regulations of the Post Office Department at a reasonable price
paid on other railroads; and in case of a disagreement between the State and the Department,
as to the price then the matter in dispute shall be referred to the United States
Judge for said State.
Sec 26. And be it further enacted That nothing in this act shall be so construed as
to make it obligatory on the government to transmit the mail on either of the roads
named in this act if in the judgment of the Postmaster General the public interest
will be better promoted by the transmission of the mail on other roads or routes.
<Page 20>
[ docketing
]
H R. 694
December 28. 1848
Mr Gayle, on leave introduced the following bill which was read twice and referred to the Committee on Public Lands.
December 28. 1848
Mr Gayle, on leave introduced the following bill which was read twice and referred to the Committee on Public Lands.
[ docketing
]
A Bill granting to the State of Alabama the right of way and a donation of public
lands for making a rail road from Mobile to the mouth of the Ohio river and for other
purposes.
Handwritten Document, 20 page(s), RG 233, Entry 362: Records of the United States House of Representatives, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the House, 1847-1849, NAB ,