The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-07-06
provision. Of an act Of consrs. entitled IAN act grant.

States OF Illinois, Mississippi, ana haOdma IN aiu OF the
Construction OF railroad from Chicago to Mobile" passed
September 90 1850 The charter transfers TO the Central
Railroad Company all the lands which the State OF ILL
nois received from the United oa1es ~ pursuance OF that
act of Congress- and imposes upon the company all the
obligations which our Stale assumed in consideration OF
that grant OF land which obligations the company pledged
themselves by the acceptance OF the charter faithfully TO
perform.
The act Of Congress grants TO the State OF Illinois
quantity OF land equal 10 the alternate sections for six
miles each side of said road and branches and al the
same time increases the price of the other alternate
ions TO two dollars and fifty cents per so that the
United States would receive for the remaining hall OF the
lands as much they would for the whole. II the
enhancement OF the value of the public lands upon each
side OF the road that constituted the nducement TO the
grant It was upon this principle that the measure was
successfully indicated and sustained BY its friends. The
lands had been In market average OF twenty
years at one dollar and quarter acre. and had failed
TO Ind purchasers not because the lands were not nch
and fertile, but in consequence OF their Temosness from
markets. and the absence of timber, The railroad would
SUPPLY both OF these deficiencies and thus render desirable
that which was before comparatively vaueless ACHING
upon that wise policy which would govern large landed
proprietor in contributing portion of his estate to i'm
and enhance the value OF the residue Congress
made this munifcent grant, upon condition that our
canal to Cairo, with branch to Chicag and another to
Gaena and Dubuque and upon the further condition that
the price OF the remaining alternate sections should pe
doubled that the United States would receive Tor the
half all that they demanded for the whole How is
this last condition to be complied with if the road is to
be established on the State line! The grant is made to
the State Of Illinois. All the lands granted lie within
the limits OF State. They are TO extend in alternate
sections for six miles on each side OF the road and
where any portion of them has been previously sold,
others are 10 be selected make up the deficiency,
within fifteen miles Of the line OF the road. Is II
not incontroverble, therefore, that the road can,
not approach within six miles of the State line, and
probably greater distance. without violating the terms
well the spirit OF the grant The operation of the
act of Congress limited TO illinois, and cannot be con-
srued to double the price of lands in Indiana BY
locating the road on or the State line, the public
lands side OF the road would remain in market at
dollar and twenty five cents per and liable to
be entered with Mexican bounty land warrants at great
depreciation upon that price, while the deficiency in the
quantity of lands granted the State and transferred 10
the company would be made up BY selections within If
would be an ingenious device. by which the company
could extend the length OF the road and thereby increase
time that it would diminish The advantages 10
the United States growing out OF the enhancement of the
value of the remaining lands Are the people of Illinois
prepared TO sanction such gross breach OF faith return
for the and enlightened policy pursued by Con-
gess towards making the grant The United States
have dealt fairly and generously towards us. Shall we
be guilty OF Tckery and injustice TO .hem ! think 1t
should be point OF honor, sound and unaerable the
part of every nosan, to carry out in good faith every
provision of the grant, according TO ito letter and spirit
neced with the construction OF this road and branches,
aside from the enhancement OF the value OF the public
lands The act Of Congress provides that the said road
and branches shall be free to the United States for the
transportation of troops and public property forever also
that the United States mails shall always be carried on
the same under the direction OF the Post Once Depart
ment These were important considerations, and may be
in the of time OF incalculabc advantage to the
government We all know the difficulties and disputes
which constantly arise between the Post Office Depart
men and the various lines OF railroads in regard 10 the
transportation Of the mails. The companies demand
prices; and upon the refusal OF the department
to accede to their unreasonable demands they throw
the mail bags of the and produce confusion in
the whole mail service OF the country. This evil is
ehectually guarded against by the act OF Congress
making the grant of land, which provides that the
mails shall always be carried said road and
branches, under the direction of the Post Office De-
partmeni, at reasonable rate OF compensation and IN
the event that the department shall be unable 10 agree
with the State company upon the pnce the matter IN
dispute is be referred TO Congress- whose decision is to
be final The provision in regard TO the transportation OF
troops and other public property may become still more
important in the event OF war. In tins point OF view II
was OF incacuabe importance TO have direct line OF
railroad from the Gulf of Mexico to the great chain OF
northern lakes and hence you find that the act Of Con-
gress making the grant is entitled act 10 aid ia The
construction Of railroad from Chicago 10 Mobile" The
United States only spuate for railroad connexion
between The lakes and the Gulf OF Mexico, but they de-
signaie the points of connexion-make that stipulation
condition OF the grant II will not do to say that other
and entirely different points OF connexion the termn
OF the road would subserve the interests of the govern
Just well Congress has decided that question
and designated the points the United States have right
impose that condition. and the State of Illinois has
accepted the land, and pledged lis honor Tor the
faithful performances OF all the terms and conditions
of the grant But IN point OF fact these ermini
not selected at random or by accdent-tbey were
chosen they afford the most safe and convenient
harbors for vessels OF large size at the two extremes OF
the direct and eligible route between the lakes and
the Gulf These ermni being unslteraby established
by solemn compact between the State of Illinois and the
government OF the United States, and i being manesy
the intention OF the parties that the road should upon
the most direct and eligible route between these points
the question recurs whether the Illinois Central Railroad
Company have legal authority TO divert the road from The
course marked in their charter and the act OF on-
gress for purpose OF constructing the road on differ
line OF and conducting the business OF the road
TO a different terminus.
In my opinion the company possesses such author.
ty Their chatter contains provision which author
izes such a construction and apprehend it would not
have been competent for the Illinois Legislature 10 have
Congress- and consequent forfeiture OF the grant Of
land.
In view OF this state OF fact, respectfully suggest 10
you whether is not probable that you have been misin
formed in respect the intentions OF the Illinois Central
Railroad Company IL will require clear and explicit
esdeace the public that body OF gentlemen
so distinguished for their intelligence and sapacity would
for moment have entertained the idea OF hazading mil
lions of properly, their chartered rights, and perhaps
their reputation, matter promising so little and peril
ling so much. The company cannot fail 10 make mil
lions out OF their contract with the State, provided they
pufsue IL with wisdom and perform all their obligations
with fidelity With the State OF Illinois II should be
point OF sacred honor that the Urted States realize
all the advantages which constituted the moving consd
eraions for the grant, far those advantages depend
upon fidelity on eur part The State OF Illinois is re-
spoasble to the United Saes, and the company TO the
State The Of the company, therefore, become the
acts of the State so far as they nurously affect the in
terests of the United States doub, not that the com
pany will find their interest and their pleasure strictly to
comply with their charter and the act OF Congress, &C.
eordna 10 the spirit and the letter. and then II viii