Washington telegraph., 1855-08-01

as in conflict with, and repugnant to the
obvious policy and express provisions Of the
law of the United States making the grant
of said land. and considered az an act of
State legislation simply. as void. on account
of such repugnancy Yet, if this company
should yield its assent therto, and voluntari-
| ly agree to take said lands, on the condition
and subject TO the restrictions in said act
prescribed, different result will be expect
cd, and the act, by such agreement, become
valid and binding upon both the company
and the State, and thereby all the lands ac-
I quired under it. be placed as it were in
abeyance, neither subject to "SaIe or use,'
or taxation even for an indefuite period of
/ time, certainly not less than 20 years, after
the completion of the road. or the expira-
ton of the time limited therefor by the act
Of Congress, or of the declaration BY the
company Of a dividend on its capital stock
of ten per cent. per annum-tho right to
sell or use the same, being expressly
made dependent upon the happening of
some one of these contingencies If this
understanding of the act in question, is not
the true one, what other or different inter
probation viii it legitimately bear? If it
be the true Interpretation Gt certainly >ac-
cords with the literal reading of its prov-
sions, in the language of which, nothing
ambiguous is pcrceived) it not only per-
verts the grant from the purpose for which
it was made, by explicitly and perempto-
| rily forbiding the salo or use of any of the
lands for period Of 20 years after the
completion of the road, but thereby inhibit-
ing also all settlement or improvement of
them, (f the road shall be bully for quar-
ter of century at least. If they may not
be sold or used, while the road is being
| constructed, how. we enquire, can they be
considered an aid in its construction p
And what could be moro prejudicial to the
common interests of the country and the
company, than the Withholding from sale,
settlement and taxation of so large body
of productive lands, along the route of the
road. traversing the State through its GEN.
tire, from N. L. to s. W, for period equal
to the average Of human life We trust
this company may never be justly chargea-
bic with inilicting. or in the remotest degree,
aiding or asserting to the infiction of any
such injury upon the country.
| We have thus referred to, and presented
/ specially, extracts from the second section of
said act not because it contains the only pro-
visions calculated to prejudice seriously. If
acceded to, the interests OF the company,
but mainly because its provisions appear to
US so palpably opposed to the design Of Con-
gress in granting the lands, and the progress
OF the Improvements to facilitate and expe-
dite which, the grant was made, as well as
to the true interests of this company, and
the country at large, as to exclude tho pos
| c;h of nf
gence and integrity adopting Or acting un-
! der them.
We feel constrained by sense of duty
| to you, 10 ourselves, as stockholders and
your agents charged temporarily with the
preservation OF your interest in an enter
prise of importance, affecting alike the COM
mon interests Of our State, counties. towns
and people. as well as the promotion of that
enterprise, by every appropriate available
means in our power. to decline taking the
lands granted by Congress to aid in the
construction of this road. in virtue Of any
| provision in said act of the General Assem-
! bly, Of this State. approved January 18th,
1855. granting or purporting TO grant the
same to this company on conditions as there
in specified and prescribed.
/ With the view of ob,iating any real or
imaginary obstacle to the progress of this
great work, arising from any action, or want
Of action, on the part of either the last
| General Assembly. or Of this company, and
so far as it is competent, advance the same
/ By every legitimate means, not involving the
sacrifice Of their capital invested therein,
this company will hold itself ready at the
meeting of the next GenerallAssembly, to
renew substantially its proposition submit
ted to the last, to surrender to the State,
being first reimbursed its actual expendi-
lures made or incurred, the franchises with
which it is invested.
In this view of the subject, the said act
may well be regarded as important for the
interests of the State although it prohibits
the lands from sale or use as therein provid-
ed. inasmuch as thereby the line or route
of the road is definitely fixed. the lands
granted by Congress accepted by The State
in such manner that their selection can be
made; the residue of the government lands
released and restored to market and those
granted be held as contemplated BY the get
of Congress making the grant and be ulti-
mately appropriated In aid of tie conStruc-
ton of the road-securing thereby the con-
struction Of this important link IN the great
national lines of railway, traversing, and
destined to traverse this union of States
through their centre from northeast to
southwest /; as well as from the great chain
( of lakes on their northern to the gulf of
Mexico on their southern border, connecting
with and intersecting at the centre of the
great inland lines of travel and commerce
!, both by land and water-and radiating