Papers Of Abraham Lincoln

THIRTIETH CONGRESS—SECOND SESSION.
H. R. 721.
(Report No. 26.)
IN THE HOUSE OF REPRESENTATIVES.
January 16, 1849.
Read twice, and committed to a Committee of the Whole House on
state of the Union.
Mr. T. Butler King, from the Committee on Naval Affairs,
reported the following bill:
A BILL
To make compensation for the transportation of troops and
supplies, for a limited time, over the isthmus of Panama, and
to promote the interests of American commerce.

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9 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That the Secretary of the Navy be, and he
hereby is, authorized and directed to enter into a contract,
on behalf of the government of the United States, with
William H. Aspinwall, John L. Stephens, Henry Chaun-
cey, and their associates, or their assigns, being citizens of
the United States, which shall contain the following con-
ditions and stipulations, to wit:

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34 1st. The said William H. Aspinwall, John L. Ste-
phens, Henry Chauncey, and their associates, or their as-
signs, being citizens of the United States, shall, within one
year from the passage of this act, commence, and within
three years complete, and iron railroad across the isthmus
of Panama, from the Atlantic to the Pacific ocean; the
rails of which shall weigh not less than eighty pounds
to the yard in length.
2d. They shall transport by steam, on said road,
across the said isthmus, for a period of twenty years, free
of cost, or charge, the mails, all persons in employ or
service of the United States, with their proper or personal
baggage, and all the supplies and freight of every description
belonging to the government of the United States.
3d. The tolls to be charged on goods, wares, and
merchandise, which may be transported over said road,
from one ocean to the other, belonging to American citi-
zens, or which my be conveyed to the harbors or depots
of said railroad in registered or enrolled vessels of
the United States, shall not exceed five dollars per ton in
weight or measurement; and not more than five dollars
fare shall be charged to any American citizen; or to any
other person who may arrive in vessels of the United
States, for passing over said road.
4th. They shall erect at their own cost, and keep in

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59 good repair during the continuance of the said contract, a
fire proof warehouse at each end of the road adjoining to
a suitable wharf for the use of the government.
5th. All freight which may arrive in registered
or enrolled vessels, belonging to the United States, shall be
transported over the said road, if required, in the order or
according to the time of its arrival; and all citizens of the
United States, and other persons who may arrive in ves-
sels as above described, at the depots, shall be conveyed
over said road, if they shall so desire, in the order, or ac-
cording to the time of their arrival; nor shall passengers
or freight arriving in vessels of other nations, at any time,
have precedence or preference over passengers or freight
of such vessels from the United States arriving at the
same or an earlier hour.
6th. The said contract shall continue in force for
twenty years from the completion of said railroad, during
which time the government of the United States shall pay
to the said William H. Aspinwall, John L. Stephens,
Henry Chauncey, and their associates, or their assigns,
being citizens of the United States, two hundred and fifty
thousand dollars per annum, in consideration of the ser-
vices to be performed by, and the restrictions imposed
on them: Provided, Congress may at its first session
after the said railroad shall have been completed and in

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71 operation ten years, rescind the said contract by joint
resolution, otherwise it shall continue in force.
7th. At least three-fourths of the stock of said road
shall, at all times, be owned by citizens of the United
States, and the office of the said company, and place of
meeting of the stockholders and directors, shall be in some
seaport town of the United States.
8th. A violation of, or a neglect to comply with, any
of the conditions, or stipulations, herein required to be
placed in said contract, shall forfeit the sum directed an-
nually to be paid to the parties herein named, or their as-
signs, being citizens of the United States.

1 2 3 4 5 6 7 8 9	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he hereby is, authorized and directed to enter into a contract, on behalf of the government of the United States, with William H. Aspinwall, John L. Stephens, Henry Chaun- cey, and their associates, or their assigns, being citizens of the United States, which shall contain the following con- ditions and stipulations, to wit:
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34	1st. The said William H. Aspinwall, John L. Ste- phens, Henry Chauncey, and their associates, or their as- signs, being citizens of the United States, shall, within one year from the passage of this act, commence, and within three years complete, and iron railroad across the isthmus of Panama, from the Atlantic to the Pacific ocean; the rails of which shall weigh not less than eighty pounds to the yard in length. 2d. They shall transport by steam, on said road, across the said isthmus, for a period of twenty years, free of cost, or charge, the mails, all persons in employ or service of the United States, with their proper or personal baggage, and all the supplies and freight of every description belonging to the government of the United States. 3d. The tolls to be charged on goods, wares, and merchandise, which may be transported over said road, from one ocean to the other, belonging to American citi- zens, or which my be conveyed to the harbors or depots of said railroad in registered or enrolled vessels of the United States, shall not exceed five dollars per ton in weight or measurement; and not more than five dollars fare shall be charged to any American citizen; or to any other person who may arrive in vessels of the United States, for passing over said road. 4th. They shall erect at their own cost, and keep in
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35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59	good repair during the continuance of the said contract, a fire proof warehouse at each end of the road adjoining to a suitable wharf for the use of the government. 5th. All freight which may arrive in registered or enrolled vessels, belonging to the United States, shall be transported over the said road, if required, in the order or according to the time of its arrival; and all citizens of the United States, and other persons who may arrive in ves- sels as above described, at the depots, shall be conveyed over said road, if they shall so desire, in the order, or ac- cording to the time of their arrival; nor shall passengers or freight arriving in vessels of other nations, at any time, have precedence or preference over passengers or freight of such vessels from the United States arriving at the same or an earlier hour. 6th. The said contract shall continue in force for twenty years from the completion of said railroad, during which time the government of the United States shall pay to the said William H. Aspinwall, John L. Stephens, Henry Chauncey, and their associates, or their assigns, being citizens of the United States, two hundred and fifty thousand dollars per annum, in consideration of the ser- vices to be performed by, and the restrictions imposed on them: Provided, Congress may at its first session after the said railroad shall have been completed and in
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60 61 62 63 64 65 66 67 68 69 70 71	operation ten years, rescind the said contract by joint resolution, otherwise it shall continue in force. 7th. At least three-fourths of the stock of said road shall, at all times, be owned by citizens of the United States, and the office of the said company, and place of meeting of the stockholders and directors, shall be in some seaport town of the United States. 8th. A violation of, or a neglect to comply with, any of the conditions, or stipulations, herein required to be placed in said contract, shall forfeit the sum directed an- nually to be paid to the parties herein named, or their as- signs, being citizens of the United States.