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.
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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 Commission 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, th ewidth 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
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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 it further enacted, That the United 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.
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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 Rail Road
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 of the Secretary 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
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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 rail roads;
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 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 rail roads in their respective States, and that twenty-five feet
of the said lands, on both sides of said rail roads, in addition to one hundred feet,
the width thereof,
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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 the 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 Service paid On other rail roads, 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 decisions, which decision shall be conclusive
between the parties—
Sec. 13. And be it further enacted, That unless the said rail road from Montgomery
to Pensacola with a branch or lateral road from the 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
hereof, 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
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nothing in this act shall be so construed 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—
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Sec. 15. And be it further enacted, That whenever the route for the railroad from
Jackson, through Brandon, to the western boundary of Aabama, 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 land 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,
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
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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 of 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.
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
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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 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,
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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 non 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.
Sec. 25. And be it further enacted, That the United States mail shall
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be carried on said road, under the regulations of the Post Office Department, at t
reasonable price paid on other railriads; 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.
[ certification
]
Passed the Senate
August 8. 1848
Attest
Secretary
August 8. 1848
Attest
Secretary
<Page 13>
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.
[ certification
]
08/08/1848
Secretary.
08/08/1848
Passed the Senate
August 8, 1848.
Attest
Asbury Dickins—August 8, 1848.
Attest
Secretary.
<Page 14>
[ docketing
]
Pub. Lands
[ docketing
]
S. 331.
An act 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.
An act 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.
[ docketing
]
Aug 11th Laid on table.
[ docketing
]
Gayle 29 R. Pub. Lan[ds]
(introduced as original Bill)
(introduced as original Bill)
[ docketing
]
no Papers
Partially Printed Document, 14 page(s), Volume 469, RG 46, Entry 427: Records of the United States Senate, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the Senate, Senate Bills and Resolutions Upon Which Further Action Was Taken, 1847-1849, NAB