The true Democrat., 1856-11-25
In Senate, Nov. Il, 1s58-CairO and Full
 ton Railroad ComnanY.

1Mr. Cain from tue Committee ora Internal I'm I provements, submitted the .tollowing Report clich being read, ,oas, soith the acconparayin BU ordered to De printed:
 MR. PRESIDENT: The committee on Lnteyna Improvements, upon which was imposed, by re solution of the Senate, the duty of reporting at an early day, bill for the proper disposal Q the lands granted by Congress in aid of the con struction of the Cairo and Fulton railroad hay ing considered that subject, respectfully report That donations of lands by the general go 1 vernment to the State, in trust, for the con. | structlon of railroads having national charac | ter, are not only sanctioned by constitution au. thority, but demanded by just considerations o public safety and economy.
 In fulflment of the first duty imposed by the constitution, "to form d more perfect union establish justice, insure domestic tranquility Prou9de for ae common defence, promote the gene ral acetMe, and secure the blessings of liberty, It Is duty Of the general government to bring into requlslton every new element of progress and power, which science may disclose, or the Inventive faculties of man create having ten dency to difuse knowledge, promote rapidity of communication and intercourse, enlarge the circle of mutual benefits and secure to all, in equal measure, substantial prosperity Indeed so rapid Is our national progress, and so wide the extent of our domain, that with all these aids, the government can scarcely move fast and far enough to cast the mantle of it's pro- tection over the distant States and territories which bear allegiance to its constitution and laws.
 With view to this growing necessity, Con- Gress has, from time to time, and to various iStatpS 1naHa atIf,Dc C.. .l.a construction of national highways, on routes designed by nature and the wants of the coun try, to intercommunciation and the carving of the mails in time of peace and the transporta- ton of troops and munitions in war.
 By the act of February 9th, A. D. 1853, a grant was made to the State of Arkansas in aid ot the construction of railroad from the north boundary of the State, on the Missouri line. to the Texas boundary, rear Fulton on Red river. Similar grants were made on the north, ex- tending from the head of Lake Michigan in H.. / llnols, to Calro, and from thence through Mis- sour, connecting with the terminus of the grant to Arkansas, distance of Al miles; also by the State of Texas from the southern boundary ot Arkansas, south westerly to Fl Passo on the ttlo del Norte, a distance of 800 miles, with south lne to GalvestoD thus affording an outlet to the Mexican Gulf, and the cheapest and most direct known route across the cont- nent in mild region, uDobstructel by snows- the distance by this line from Fulton to San Diego, on the Pacific, being 1,6l9 miles, and to Galveston 300 miles.
 The resources of that portion of the Cairo and Fulton road in Missouri, connecting with the Arkansas line, consist of the donated lands. 394O acres per mile, half a million of acres of swamp lands transferred by the counties through which the road passes, and loan of credit by the State of $250,OO0, besides stock subscrp- tions.
 The resources of the now consolidated Texas companies joining the Arkansas line on the boundary nelr Fulton, consist of lO24O acres of donated lands per mile, S6,OO0 per mile, in loan of credit by the State, with stock sub scrptionS.
 These resources are deemed ample for the full completion and equipment of those lines Your committee have officia and other reliable information that these enterprises, on the north and on the south of us, are in the course of efficient prosecution, under liberal acts of in- corporation-that the work of construction is now progressing; and that on the part of each earnest negotiations are pending with the drec- tory of the Cairo and Fulton railroad company. for agreement upon poper points of uncson
 
 the movement of trains and interchange of bu- siness, will, of the divisions of Missouri, Arkansas and Texas, constitute one hne; which arrangements, so comprehensive in design. and beneficial in results, are held in abcyance, and cannot further proceed without the favorable action of this General Assembly,
 Action was had by the legislature at its last session. resulting in the passage of An act to aid in the construction oG the Cairo and Fulton railroad," which was approved on the 16th January, 1855.
 The proposed operation of that act, upon the subject matter, was two-fold: First, in recog- nzng and confirming the survey and location of the route or line as adopted and reported by the Cairo and Fulton railroad company, thereby making the grant of lands as previously ac- cepted by the Governor applicable to the route so recognized and to be adjusted with reference to that particular line-and secondly in pre- scribing the terms and conditions upon which the lands should be transferred to the company. That part of the act embraced in the first proposition, being independent of considera- tions affecting the conditional transfer of the lands, became operative, whereby the trust ten dered by Congress was acknowledged by posi- tive legislation the route of the road definitely traced by legislative authority, and the lands adjusted to its line under the operation of the act of Congress- and the allotment made at the general land office.
 The second brarch of the act, requiring the consent and acceptance of the company before 1t should take effect, failed of operation by req son of the refusal of the company to accept the lands upon the conditions imposed
 That company having organized, surveyed its route and borne the expense incident to the selection of these lands, with view to their use under the act of Congress, for the consruc- ton of their road, without hope of success, save from this resource; and having sought their transfer at the hands of the legislature, noth- irg certainly, short of the most grave corsid- erations, could have prevailed urou its directo- " to thus determine.
 Your committee deem 1t but just to the con- pany, as well as to the Senate and the country. to permit its reasons to be here given, as found in a report of its executive committee to the stockholders, and since transmitted by their President to the Governor, for official informa- ton:
 "The provisions of the act may well be re- garled as in conflict with, and repugnant to the obvious policy and express provisions of the law If the United States, making the grant of said land, and considered as an act of State legislation simply, as void, on account of such repugnancy. Yet, if this company should yield its assent thereto, and voluntarily agree to take sad lands, on the conditions and subject to the restrictions in said act prescribed, diff ferent result might well be expected, and the act, by such agreement, become valid and bind ing upon both the company and the State, and thereby all the lands acquired under it, be placed as it were in abeyance, neither subject to
 sale or use,' or taxation even, for an indefinite perod of time, certainly not less than 20 years, after the completion of the road or the expi- ration of the time limited therefor by the act of Congress, or Of the declaration by the con- pany of dividend on its capital stock of ten per cent. per annum-the right to sell or use the same, being expressly made dependent upon