-i2K>' 2* - spEis -*^w>>> >2SEa '^^^ _> g>> T^3fcgs>^* --f>Jfc>':^ '-** - 2BSBHBJ^3it sy>^^ ~^*" sb*^^*- '->"~~^3Bi : p> !!3iBl ~~^** *~^2BPW s^ZZ^^"* -i>' ^"^^^^ ~^siZZi~^~^~ - .. *3Bi^T2 JSBlft* j3Bi^ 1 ^^ _^J"PBL 3 ^> SIS I^Hm- B^ f3^T~~ - ^* ^5> r '~ Km ~ ^~^mum 3**X>n3s>^ "V O^Bfci IZ^ap-> j pT^3 ^^^^^W 3l -=T" __ , -*- r jr ~" University of California Berkeley In Honor of JAMES C. GREENE upon his retirement from the Council of the Friends of The Bancroft Library 1993 p*& ^ w \ PACIFIC RAILROAD COMMENCED, ADDRESS v OF THOMAS ALLEN, Esq., of St. Louis, TO THE BOARD OF DIRECTORS OF THE PACIFIC RAILROAD COMPANY, AT THEIR FIRST MEETING, JANUARY 31, 1850. AND ALSO A MEMORIAL TO CONGRESS, AND THE ACT OF INCORPORATION. " Every judicious improvement in the establishment of roads and bridges, increases the value of lands, enhances the price of commodities, and augments the public wealth." Dewitt Cuitioit. ST. LOUIS: PRINTED AT THE REPUBLICAN OFFICE. 1850. PRELIMINARY ORGANIZATION PACIFIC BAILROAD COMPANY. At a meeting of the gentlemen named as Directors in "an act to incor- porate the Pacific Railroad," held in the office of the St. Louis Insurance Company, in the city of St. Louis, on Thursday evening, the 31st of Jan- uary, 1850, were present, John 0' Fallon, James H. Lucas, Edward Walsh, George Collier, Daniel D. Page, James E. Yeatman, Joshua B. Brant, Thom- as Allen, Adolphus Meier, Adam L. Mills, and Wayman Crow. On motion of Thomas Allen, the meeting was organized by calling Col. John O'Fallon to the Chair, and appointing Wayman Crow Secretary. Mr. Allen then addressed the meeting, and the substance of his remarks will be found in the following pages, together with much new matter, which he has since added. After this address, on motion of Mr. Lucas, it was Resolved, That the corporators do now proceed to organize, by the election of a President, Secretary and Treasurer. The vote having been taken, resulted in the election of Col. John O'Fal- lon, President ; Thomas Allen, Secretary ; and Daniel D. Page, Treasurer. On motion of Mr. Allen, it was Resolved, That a committee of three corporators be appointed to open books for subscription to the capital stock of the company; that said books be opened on Monday, the 4th of February, at 10 o'clock, and close at 3 o'clock, p.m., and kept open for six days, in the rooms of the Merchants' Exchange. The chairman appointed the following gentlemen that committee, viz: James H. Lucas, James E. Yeatman, and J. B. Brant. On motion of Mr. Lucas, it was Resolved, That the several papers in the city be requested to publish the proceedings of this meeting, and the address of Mr. Allen on this subject. On motion of Mr. Allen, it was Resolved, That a committee of three be appointed to prepare a memorial to Congress, praying a donation of alternate sections of land along the route, for the construction of the proposed road. The Chairman appointed the following gentlemen that committee: Thos. Allen, James H. Lucas, Wayman Crow. The memorial is hereto appended, together with a copy, of the charter. Before the adjournment of this meeting, the eleven gentlemen present pledged themselves to subscribe $154,000 in the aggregate, to the stock, upon the opening of the books, which pledge they have faithfully redeemed. At a subsequent meeting, a boot was ordered to be opened in each ward of the city, and the book at the Merchants' Exchange was ordered to be kept open until the Saturday preceding the last Monday in March. A committee, consisting of Thomas Allen, Edward Walsh, and Adolphus Meier, was appointed to make preliminary arrangements for a general topo- graphical and geological survey of the country upon the proposed route of the road. An election of nine Directors, as provided by the charter, was ordered to be held on the last Monday in March. It was well understood, by the 1st of March, that the p-ople and city of St. Louis would subscribe $1,000,000 to the road, and more, if necessary. ADDEESS Mr. THOMAS ALLEN, of St. Louis, TO THE BOARD OF DIRECTORS OF THE PACIFIC RAILROAD COMPANY, AT THEIR FIRST MEETING, JANUARY 31, 1850. [The following pages contain the substance of the Address, but parts of it have been omitted, and others modified, and much new matter introduced, with the purpose of affording the friends of the measure ma- terials for its support, and with the hope of imparting general information upon a subject with which the people of Missouri are not practically familiar.] Gentlemen : We have come together to consider whether it be our duty to organize as a Board of Directors under the au- thority of an act of the last General Assembly of Missouri, entitled, "An Act to incorporate the Pacific Railroad." The question arising is, whether, under State authority and by our own means, it be expedient to commence the construc- tion of a railroad from this city westwardly, with a view to the extension of such road ultimately to the western line of the State. In considering this question, it is necessary to take into view our present situation, and our relations to the various railroad schemes projected in different parts of the country. Geographically, we occupy a central position, and possess the great advantage of being at the convergence of several navigable water courses of magnificent extent, and of incalcula- ble value and importance. Nature has done much for us ; and it is precisely because she has done so much, that we have not felt the necessity of doing anything for ourselves, while neigh- bors, at the north and at the south of us, are making the great- est exertions to triumph over nature, and to obtain by art those advantages with which nature left them unprovided. At the same time, it is not to be denied that our relations to the navi- gable rivers constitute our chief natural advantages. The great majority of emigrant farmers of small means from the Eastern States, wishing to settle in the West, but averse to competition with slave labor, direct their steps to the north of us, while the emigrating planter, with his negroes, seeking a western home, turns his course, for the greater security of his slave property, to the south of us. Of the foreign emigration, our city has, it is true, received a very large share, and she has, from that and other causes, chiefly commercial, prospered in an unexampled degree, while the interior of the State has also increased in population, but not with the same rapidity. For example, while St. Louis nearly doubled her population in four years, the counties bordering upon the Missouri river in- creased but about a third in the same time. But it is to be re- membered that it is not alone with the interior of Missouri that St. Louis finds a profitable traffic. Divert the trade of the Up- per Mississippi, and of the Illinois from her, and the consequen- ces would be felt to be of serious weight. Her commercial prosperity is founded very largely, if not chiefly, upon what is called the "produce trade." In this trade, the productions of Illinois and Iowa, and even of Wisconsin, are extensively mingled with those of Missouri. In the past year, 1849, the number of steamboat arrivals from the Upper Mississippi were 806 from the Illinois river they were 686, while from the Missouri river they were but 355. The numerous barges, keels, flat boats and canal boats which arrive here, come chiefly from the Upper Mississippi and the Illinois. It is evident, therefore, that St. Louis traffic is more with other States than with our own. To the great productive capabilities of the agricultural regions north of us, the inhabitants apply superior industry and energy. Time, in developing their resources and increas- ing their wealth and population, has also brought to them the disposition and perhaps the means to increase their facilities of intercourse, and to extend the range of their market. Hence we see them devising schemes of railroads to connect them with the lakes, and with the great chain of railroads which are penetrating the West from the Atlantic cities. We see rail- roads projected from Chicago to Cairo, from Springfield to Quincy, from Springfield to Terre Haute, from Peoria to Oquaw- ka, from Galena to Chicago, from Alton to Springfield, in Illinois; from the Mississippi to the Missouri, in Iowa, and from Mil- waukie to the Mississippi, in Wisconsin, and from St. Joseph to Hannibal, in our own State, the cost of survey in the latter case paid for by the State all of them commended to the pub- lic as probable links in the great chain which is to connect the Atlantic and Pacific. On the south of us we see projected and chartered the Missouri and White River Railroad and the Mis- souri and Mississippi River Railroad; railroads in Kentucky and Tennessee, reaching to the Mississippi, and seeking con- nections with lines through Virginia and South Carolina with the Atlantic sea board, and through Alabama, with the Gulf coast ; while our countrymen of the extreme south, aided and backed by the Topographical Corps of the U. States, are urging forward a railroad, by the Gila route, to the Pacific at San Diego, which should have a terminus upon the Mississippi, be- low the mouth of the Ohio. While these movements are going on around us, St. Louis is doing nothing and proposing to do nothing, but reposes con- fidently upon the centrality of her position, her large capital and advanced growth, and her great " produce trade." Those who sought a friendly alliance with her in the east, and pro- posed to increase the facilities of intercourse by a railroad pointing directly to her, have been denied the right of way, and a systematic course of policy is sought to be established by the State of Illinois, which interdicts the use of her soil, and her political authority for the construction of any railroad which should give to the weaker portion of her own people increased facilities for getting to market, and which should, at the same time, admit of the passage of her fellow countrymen of other States to and fro across that portion of her territory lying immediately eastward of and contiguous to St. Louis ! However erroneous, unwise, unusual and apparently unconsti- tutional, as denying to one portion of her people privileges which she grants to other portions, this policy may be, and though it will ultimately be abandoned upon a clearer view of her own duty and interests, by the force of public opinion and of the comity due to the nation, yet in view of it, it is neces- sary for us to act as with reference to an existing fact. What, then, with these schemes around us, against us, and avoiding us, is it, if any thing, expedient for us to do ? Can we do any thing? Is it possible for us to devise a scheme which shall, by its tendency to increase the settlement of the interior of our State, to increase our own traffic, to introduce new and differ- ent sources of wealth, place our prosperity upon a broader and surer basis? Can we, by any process, put ourselves into a po- sition which shall compel our enemies to enquire, not how they shall best avoid us, but how can they best get to us; which shall increase our own production, our own consump- tion, and invite new and lasting ties of commercial and social intercourse? If, with the increase of trade and traders, the industrial arts and artizans be also multiplied, would not the mutual depen- dence of the two classes go far towards placing business upon a stable foundation ? Suppose we were to cheapen and facili- tate transportation, bring the raw materials, cheaply and con- veniently, to the hands of art, to be worked into infinite forms in our midst, give animation to business during the whole sea- son, uninterrupted by winter, would not our market become more brisk and extensive, our means of supply increase, supe- rior men be attracted and engaged in every department, and should we not be doing much to make St. Louis the manufac- tory and machine shop, as well as the emporium and metropo- lis of the Mississippi Valley ? Nature has endowed States as well as individuals, with vari- ous gifts. Else commerce would not have existed. If another State excels us in agricultural resources, we, perhaps* excel her in our mineral resources. One State may produce cotton and sugar we produce hemp and tobacco. Wheat may be the staple of one corn and pork may be the staples of another. One people may excel another in a particular handicraft. Bui no one State can either produce every thing or manufacture every thing. Inasmuch as great diversity enters into the con- sumption of every people, commerce, by which they exchange the surplus of one kind of their productions, for another kind which they need, which forms part of the surplus products of another people, becomes absolutely necessary. And just in proportion as we increase the diversity, the quality, the quan- tity, and the cheapness of our surplus productions, whether of the soil or of the factory, shall we invite, secure and extend our intercourse with other States and people. What of these results, if any, should we obtain by a rail- road to the West? What lies to the west of us, within the reach of any rail- road we might be able to construct? There are extensive beds of iron ore, of copper, of lead, and of bituminous and cannel coal, and doubtless undiscovered minerals of other kiuds. There are fine forests of timber; there are fertile lands for til- lage, and for grazing. There lies the route of the immense emigration to the great Plains, to the land of Deseret, and to California. There goes the trail of the Santa Fe trader, and of the Fur and Indian trader. There go the Indian agen- cies and annuities, and government stores, munitions and troops. There, upon the borders of the Missouri river, lie the most populous counties of the State, embracing more than two- fifths of the whole people of the State. And if we add the number inhabiting the next tier of counties adjoining those upon the south bank of the Missouri, we shall find, in the ag- gregate, more than half the population of the State. We also find there upon the south bank of the Missouri, including St* Louis county, a larger population than upon the north bank of that stream. Exclusive of St. Louis, we find in the two tiers of eounties next the Missouri river on the south, about the same number of people that we find within the first tier of counties upon the north, including Platte and Buchanan, which lie west of the old State line. Of the 588,971 inhabitants of the State, according to the State census of 1848, there, upon 8 both banks of the Missouri, exclusive of St. Louis, dwell about 200,000.* And these people are engaged in mining and smelting, in sawing lumber and rafting it to market, in cultivating corn and wheat, hemp and tobacco, in raising live stock, in making flour, and in transporting and exchanging the various products of their industry for those articles necessary to their comfort which they do not produce. The cost of this transportation causes a serious deduction from their profits, their energies are necessarily depressed, and the resources of the country are very imperfectly developed. Those resources, nevertheless, are various and of great extent and value. Probably in the United States, a region of the same extent cannot be found which combines resources so diversified. Maine has her lum- ber, New Hampshire her granite, Pennsylvania her iron and coal, Northern Michigan her copper, Galena her lead, Ohio her wheat lands, Kentucky her pasturage and hemp and tobac- * In proof of this statement, the following tahle has been compiled from the census of 1848, which will ho useful for reference : Counties n the South bank of the Missouri. St. Louis, 73,364 Franklin, 11,231 Gasconade, 4,155 Osage, 6,373 Cole, - 6.009 Moniteau, 5,519 Cooper 12,467 Saline, 6,953 Lafayette, 10,970 Jackson, 12,618149,659 Counties adjoining thote on the South bank. "Washington, 8,539 Crawford, ,., - 4,667 Pulaski 3,899 Miller 3,026 Morgan, 4 345 Pettis, 4,5>5 Johnson, 6,435 Cass, 6,000-41,436 191,095 Counties on the Forth bank of the Missouri, St. Charles, 11,032 Warren 4,800 Montgomery, 5,075 Callaway, 14,909 Boone, 14,872 Howard - 13,125 Chariton, , 7.071 Carroll, 4,252 Kay ; 9,886 Clay, 9,426 Platte, 15,018 Buchanan, 11,500120,066 311.161 The whole number of counties in the State is 100. Total whole population, ..588,971 9 co fields. But here, upon the route of a single railroad within the limits of Missouri, do we find lumber, and granite, iron and coal, copper and lead, saltpetre and gypsum, salt and sul- phur, wheat lands and pasturage, and soil productive of hemp and tobacco, corn and oats, and all the grains and vegetables but those which are peculiar to other zones. Massachusetts will bring her iron from Sweden, her coal from Liverpool, her lumber from Maine, and the results of her manipulations we buy in Missouri, with the raw materials lying under our feet. So the product of our Iron Mountain goes to the Pittsburg coal and the Pittsburg factories, and comes back to St. Louis for a market. Here, in these counties at the west of us, the iron and the coal lie almost in the same bed, and trees fit for building timber are growing above them. In truth, within these counties which lie westward of us and within the influ- ence of the projected railroad, are resources unprecedented, inviting the hand of man to their development, and giving assurance of great wealth and power to any people who shall avail themselves of them. How perfectly does it seem within the power of St. Louis to avail herself of these resources, and advance herself to a position that will enable her to be a seller, instead of a buyer of many of the manufactured goods which now drain her annually of hundreds of thousands of dollars. And, moreover, there lay at the west of us, on our right, the valley of the Missouri, on our left, the valley of the Merri- mac, and further on, the valleys of the Gasconade and of the Osage, the former (the Gasconade) draining Wright, Texas, Ashley, Laclede, Pulaski and Gasconade counties, and the lat- ter, the counties of Cass, Bates, St. Clair, Henry, Dade, Polk, Dallas, Benton, Camden, Miller and Osage, and both entering the Missouri river within one hundred miles of St. Louis. Upon the Merrimac and Gasconade are magnificent forests of the yellow pine and numerous saw mills. The valley of the Osage, which is estimated to embrace 18,000 square miles, is endowed with important agricultural and mineral resources. That fine river has been navigated two hundred and thirty miles by small steamboats, and possesses the remarkable characteristic 10 of remaining open after the Missouri is frozen up, and is indeed rarely closed by ice more than six weeks in the year. Two hun- dred and thirty miles from its mouth is the town of Osceola, the county seat of St. Clair. It is said to be the centre of a re- gion of country which embraces " elements sufficient for an in- dependent nation; land to support the inhabitants of Great Britain ; minerals to keep her surplus population employed, and water power sufficient to drive one-half of her machinery." There, too, lies the Missouri river, turbid, dangerous, uncer- tain, full of snags and sandbars, and ever changing channels, causing high insurance, costly transportation, and subjecting the merchant and the traveller to many drawbacks and disap- pointments. Yet there the river runs, affording steamboat navigation for 2,000 miles to the west of us, and bearing a commerce which has trebled in three years, and now requiring an average of one steamer per day for every day in the year. Doubtless, during the past extraordinary year not less than 40,000 persons have been passengers upon that river. But what may be regarded as the regular number of travellers, I have no means of ascertaining. It may not, possibly, exceed 15,000. The number of tons brought out by the steamboats, omitting flats, rafts and keels, estimating the 355 arrivals here at an average of 200 tons the boat, would be 71,000 tons. Supposing them to carry the same up the river, and the total number of tons is 142,000.* And we may add to the catalogue as lying yet to the west, the fertile territories of the Indians, a portion of which, stretching 275 miles west of the Kansas, is described as " the future Eden of America" and then also the great plains and their countless herds, the new State of New Mexico, the mountains, the new States of Deseret and of California, and the Territory of Oregon. Now then, in view of these people, and objects, and territo- ries, and things unnumbered, and perhaps undiscovered, at the west, of what advantage would be a railroad in respect to them, and in respect to St. Louis? * I am informed by a steamboat captain, engaged in the Missouri river trade, that the boatg generally take up about one hundred and fifty tons and bring out over three hundred tons. 11 The great modern historian of England has well said, that next to the alphabet and the printing press, those inventions which abridge distance have done most for the civilization of mankind. We may add, truly, that the railroad is the great apos- tle and the measure of progress. Though it has come into exis- tence within the memory of most of us, and there be those among us who have never seen one, yet experience has demonstrated that it possesses magical powers to revolutionize commerce, to increase wealth and intercourse, to stimulate industry, and to develop and make available the resources of a country to the fullest extent. It has been proven to possess unequalled advan- tages for locomotion, and advantages which remunerate the cost. It has superceded the canal, and it is constructed with- out fear and without loss, upon the banks of the most splendid water courses, in competition with the perfection of steam- boat navigation. It carries out the city into the country ; it brings the country and its abundance into the city. It equalizes the val- ue of the products of labor, it gives new life to business, cheapens and expedites transportation, gives it certainty and punctual- ity,* distributes the comforts of civilization, and makes travel a delight. What, then, would it do for us ? Stimulating every species of industry in the vicinity of its route, it would, in the immense increase of production and travel, quadruple business. St. Louis, instead of being dull in the winter, in consequence of closed navigation, would be lively through all the season. The merchants would no longer be subject to disappointment in sending forward their goods; the farmers, miners, and pro- duce dealers in the interior, would no longer be compelled to lose a season before realizing the value of their products. The grazier would no longer be subject to loss in driving his stock to market, and the consumers and the packers, would get better meat. Real estate in St. Louis, generally, would be greatly en- hanced in value, as it would, likewise, along the entire route, and within a day's journey of it, and in some places its value * The arrival and departure of the cars are so perfectly regular as to give note of time, and they are the chronometers of many of the country people of New England. 12 would be increased a thousand fold. New towns would spring up in the interior, and all the tilable lands along the route would be brought into cultivation. There would not be a far- mer, a miner, or a manufacturer, in any of the counties through which the road should be located, but would feel its benefits in the enhanced value of his property and productive industry of every kind.* Transportation would be reduced to certainty and punctuality, the cost of insurance would be lessened, and the celerity of transit would be greatly increased. The aggregate wealth of the State would be much augmented, and its reve- nues and those of the counties upon the line of the road would, from larger assessed values, experience proportionate improve- ment. It was a maxim of the late Mr. Gallatin, that "whenever the annual expense of transportation on a certain route, in its *The examination of a hundred witnesses by a Commitiee of the British Parliament, precedent to granting the act for the great London and Birming- ham railway, elicited facts which are in point : " There was not a single fact proved against the great utility of the meas- ure, while its advocates clearly established in its support the following im- portant points, viz: That the exporting of goods suffered material loss and great inconvenience by the present slow mode of traffic that goods for the Baltic trade were often detained by the frost for the whole winter, through a very short delay in shipping them that considerable orders were frequently lost from the impossibility of completing them in time that merchants keep large stocks of many sorts of articles in London to meet these emergencies, at a consequent outlay and loss. That some particular trades have been al- most ruined, through the impossibility of getting goods forward in time that nothing is so invaluable in the export trade as expedition and certainty that in fancy articles it is almost indispensable, orders being frequently sent sub- ject to the condition ot their being shipped in a particular vessel that re- turns of money were sometimes made in eighteen months, instead of nine, through this delay in the shipment of the goods ordered that farmers would be able to send to London a different kind of produce altogether, and a much better one, particularly lambs, calves, dairy products, &c, saving, also, a great expense in their carriage; besides which, cattle were often driven till their feet were sore, and they could go no further, they were then sold on the road for what they would fetch. In the same manner sheep were continual- ly being left in every town on the road, at a ruinous sacrifice in price that many estates along the line of railway would be increased in value at least thirty per cent., the consumer being also benefited as well as the purchaser. " It was also proved in evidence, that killed meat was repeatedly putrid in summer before it could be sent to market that the cost of carriage limited the vast supply of manure to a short distance around London ; whereas, by a railway its application would be most materially extended ; that all cattle became deteriorated considerably when driven even a moderate distance to market, and produced a proportionably less price ; for instance, a sheep driv- en eighty miles, lost eight pounds in weight." 13 natural state, exceeds the interest on the capital employed in improving the communication, and the annual expense of trans- portation (exclusive of tolls) by the improved route, the differ- ence is an annual additional income to the nation." Admit- ting the truth of this maxim, it were easy to demonstrate that the railroad would save to the State annually about a million of dollars in transportation. Any one may take the following elements and prove this to his own satisfaction : we have 142,- 000 tons upon the route in its natural state. The cost of trans- portation upon that route is from one cent to twenty-five cents per ton per mile. The rate of insurance is about one percent. The capital employed upon the improved route may be five millions. The cost of transportation upon the improved route will be, to the company itself, about two cents per ton per mile. But it is not in this view only that the railroad would add to the wealth of the State. In opening an outlet for the south- western portion of the State, and in developing the resources of the whole interior, its value cannot be estimated. There is another view of the matter, which seems to be as important as any which we have taken. This is, as to the probable effect of such a state work, in determining the eastern terminus, or beginning rather, of the great road to the Pacific, which is contemplated by the people and government of the United States. All know that there are numerous schemes afloat relative to the route and construction of that road ; that several of these schemes are for a northern route, still more for a southern route, and but one or two, perhaps, for the cen- tral route, or that of the latitude of St. Louis. The Execu- tive Department of the government, not committing itself to any scheme, contented itself with a recommendation of a sur- vey, simply, of all the routes. It is quite possible that such a survey may be ordered by Congress. But if the Topographical Bureau should be authorized to make the survey, it will proba- bly require some new light, some unexpected discovery of an unknown pass, or some other powerful influence, to persuade it to report favorably upon any other route than that which 14 follows the Gila aiong the borders of Mexico, passing at times, probably, into the Mexican territory, and connecting the lower Mississippi with the lower part of upper California. That re- port, however, must undergo the ordeal of Congress; and if it should appear that a route as favorable as any for the construc- tion of the road, which shall be at the same time central and national, and which shall admit of the saving of several hun- dred miles of distance and expense, is to be found, what but the most unjustifiable spirit of jealousy and selfishness could prevent its adoption? It is, however, by no means certain, amid the discontented spirits of Congress, that anything will be done in regard to the national project; or, if surveys are ordered, it will still be doubtful whether anything will be done by the national authorities. The surveys themselves would occupy one or two, perhaps three or four years. To wait until this lapse of time for the survey, and then still to wait upon Congress merely to discover whether they would make the road or not, would be to expose our own fate to be sealed, in the meantime, by the movements of state enterprizes around us. We should see the interests of the upper counties attaching themselves to the St. Joseph and Hannibal railroad, and arrang- ing themselves in reference to it, like the lines formed by the grains of sand attracted by the loadstone. You might seethe Illinois system, so far as it is opposed to St. Louis, completed, and perhaps some southern cross railroads striking the Missis- sippi near the mouth of the Ohio. Blocked up in front, cut off above and below, and in a perfect state of torpidity in the rear, how could we expect to accomplish anything more, if we were even able to save ourselves from retrogression. In either view, therefore, of the national project, whether that be carried out or not, I can see no benefit to accrue to us by delay. If the government should ever adopt the evident predilection of the Topographical Bureau, and construct a railroad from St. Louis down the Mississippi and the St. Francis rivers, and through Arkansas and Texas and el Paso del Norte to San Diego, our road directed to the west would still be of great advantage to the State and to the city, nor would it fail to remunerate us for our labor and capital. 15 Let us now glance al the act of the General Assembly of our State, approved March 12, 1849, entitled, " An act to in- corporate the Pacific Railroad." It is a charter in perpetuity; it cannot, therefore, be subject to repeal. The general provisions of the act of incorporation seem to be very liberal. Large discretion is given to the directors to manage the road and its affairs, as they may deem proper, sub- ject to the annual suffrage of the stockholders, and provisions are made for obtaining the right of way in case any one should object to the passage of the road through his lands. The com- pany is authorized to hold real estate, and to sell and dispose of the same. Counties, through which the road may pass, are authorized to subscribe stock, and to issue their bonds to raise money for that purpose, and incorporated cities, and towns, and incorporated companies, are also authorized to subscribe. The legislature did not limit the rates of toll and freights, but left them to be determined by the directors. With this charter perfected, there would seem to be no fur- ther necessity for railroad charters in the central counties of the State, in which this road should be located. This would form the vertebral column of a railroad system for the State. Branches or ribs might project from it whenever justified by business, to the north or to the south. The Board of Directors appointed by the legislature, is a highly respectable and influential one. A Board more respec- table or influential, or representative in the aggregate of more wealth, could not have been selected in the State. The legis- lature seem to have been desirous of placing this scheme in hands that were capable of giving it life, and of managing it with prudence, economy and success. Power is given to the company " to survey, mark, locate and construct a railroad from the city of St. Louis to the city of Jefferson, and thence to some point in the western line of Van Buren [now Cass] county in this State ;" and for that purpose may " hold a strip of land not exceeding one hundred feet wide," and " may select such route as may be deemed most advantageous." 16 It would, doubtless, have been more acceptable, had Jeffer- son city been omitted. That route may seem to some persons impracticable. At the first sight of the map alone, the judgment of an engineer would naturally favor the route by the valley of the Missouri. He would look simply to the practicability and economy of construction and operation. The traffic and the profits of a road are subjects for the stockholders and the di- rectors. If two or more routes are equally practicable for construction and operation, and in point of directness and cheapness, and one of them offers a larger traffic than the other, that is the one to be adopted. Given, the traffic of a road, and a man may judge as well of the value of its stock, as though he had the share list every day before him. For the practical operation of the road, regarded merely as a piece of mechanism, a perfectly level and straight line would be the most desirable. For directness merely, a line nearly due west from St. Louis to the western border would be preferable. But this, though it would strike very near Jefferson city, would cross the Missouri four times. A route between the Missouri and Merrimac, if the surface of the country would admit of a railroad at a tolerable cost, would be next best in respect to shortness. The country, however, is quite hilly, rough, and comparatively unproductive. A route going westward from St. Louis, touching the Missouri just above the Big Bonhomme bottom, and then following up the Missouri along the slopes of the hills on its southern border to the La Mine river,* up the latter to Davis' Forks, and thence through one of the finest agricultural districts in the State, to the western line of the State in the northwestern corner of Cass county, is one recom- mended by Mr. Singleton as the most practicable and econom- ical. There is another route, which is directed to St. Charles, across the Missouri, and thence westwardly, crossing the Mis- souri again at or above Jefferson city, and thence by the route last mentioned. This would possess the advantage of passing through some of the most populous and most cultivated coun- * On this river are large deposits of iron and lead, and inexhaustible beds of coal of the finest quality. 17 ties of the State, and through a fine agricultural region all the way. With the exception of cannel coal, it is not very produc- tive in minerals upon the north side. The crossing of the Mis- souri twice would be found difficult and very expensive, and perhaps impracticable. To cross by ferries, would occasion considerable delay in the best stages of water, and in the win- ter, when the stream is frozen, or full of ice, the delay would be still greater. It is possible that the river could be crossed at suitable places by suspension bridges, but only at a very great expense.* But there is a route further south, which, if practicable for construction, although longer than the others, would be in the way of a more various if not a larger traffic. Following up the valley of the Merrimac, we should traverse a well timbered and good agricultural region, and penetrate a part of the State remarkable for the extent and variety of its mineral resources. We should pass within reach of the pineries of the Merrimac, within about twenty-five miles of the mines of Potosi, within forty miles of the Iron Mountain, and by nu- merous forges and furnaces of iron, copper and lead : we should cross the Gasconade not far from those pineries which now pay about $25,000 per annum for the rafting out of their lumber : we should pass within about thirty or forty miles south of Jef- ferson city, and pursue our course, through a fine farming as well as mineral country, afford an outlet to the southwestern portion of our State, and reach the western border by some of the northern tributaries of the Osage. By a branch to the Iron Mountain, by a branch to Jefferson city, by a branch ul- timately toward the southwest, up the valley of the Osage, and by touching the Missouri river again at or near the mouth of the Kansas, a system would be erected, most magnificent in its results, and of the greatest importance to the State. None of these routes, however, can be properly determined upon in ad- vance of a topographical survey. The distance, in a direct line from St. Louis to the western border of the State, is forty townships by the United States * A suspension "bridge across the Dnieper is stated to have been erected in Russia, about a half mile in length, at an expense of $2,000,000. 18 surveys, or two hundred and forty miles. By the route last mentioned, we pass through forty-one townships, and diago- nally through most of them. If we add one-fifth on this ac- count, the distance will appear to be about two hundred and ninety-five miles say three hundred. By following up the Missouri, the distance is about three hundred miles. It is now proper to consider the cost of this proposed work, and the prospects of its value as an investment of capital. It must, of course, be at once seen, that any estimates found- ed upon any thing short of an actual survey and examination of the route from one end to the other, would be conjectural, and therefore, with the best judgment, only an approximation to the reality. It is, however, to be remarked, that while rail- roads have frequently exceeded in cost the first estimate, so the business and profits of the roads have, perhaps, as often eclipsed all the first calculations. For example: on the Stock- ton and Darlington line in England, the passengers soon in- creased to eighty times as many as there were before the road went into operation ; on the Glasgow and Greenock railroad in Scotland, travel increased from one hundred and ten thou- sand to'two millions, and the number of passengers were equal to five times the population of the district. The receipts upon the western railroad of Massachusetts increased from $112,000 to $1,300,000. The cost of railroads is extremely various. In some parts of the country it is but a few thousand dollars per mile in others it is $20,000 in others $50,000 in others it is over $100,000. In England, where the roads have been thoroughly built, and where the cost of procuring charters, and the land damages, and the grading, and the tunneling have been enor- mously expensive, the average cost of the roads has been $142,- 000 per mile. In the eastern States and in Canada, the aver- age cost has been about $30,000 per mile. In the western States the cost is less, owing to a more level surface, and cheaper timber.* In Indiana, the railroads have been constructed with * The grubbing, grading and masonry of the Hillsboro' and Cincinnati railroad, Ohio, 35| miles, has been put out to contract at about $2,000 per mile. The Scioto and Hocking Valley railroad, Ohio, 116i miles, is estimat- ed to cost, for grading, bridging, ballasting and laying T or H rails, an aver- age of $11,141 39 per mile. 19 remarkable cheapness, many of them being built by the coun- try people themselves, the farmers taking stock and paying in labor and materials in lieu of money. The Alton and Spring- field railroad in Illinois, a distance of sixty or seventy miles, has been contracted for at $950,000. The cost of the St. Louis and Cincinnati railroad was estimated at about $16,000 per mile. The first half of our road, one hundred and fifty miles, may be more expensive, say $20,000 per mile. But the latter half ought not to cost over $15,000 per mile, the whole three hundred miles costing $5,250,000, which is only $250,- 000 over half of the authorized capital.* But even this is a considerable sum of money for a new country, and its proposed expenditure very justly calls for a careful estimate of the probable returns for such an invest- ment. The indirect advantages, though they may exceed five times the cost, are not in this place to be considered. Can we form an estimate of the traffic of the road ? We have seen that the number of passengers per annum upon the Missouri is at least 15,000, and that the number of tons taken up and brought down by 355 steam boat trips is 142,000. Now, the usual effect of railroads is at once to treble travel and to double freights, though sometimes they do vastly more than that. But if this road should have the usual effect, we set in motion 45,000 passengers, and 284,000 tons of freight. Leav- ing the usual traffic for the Missouri boats, let us content our- selves with one-half the probable increase. This would give to the road 22,500 passengers and 142,000 tons of freight. And for still greater safety in calculation, we will suppose these passengers and freight to be moved but half the length of the * Mr. W. R. Singleton, C. E., has given me his opinion that, by the Mis- souri River route, the first fifty miles, say from St. Louis to South Point, will cost for grading, bridges, culverts, and sills for the iron, an average of about $10,000 per mile ; but the first thirty miles would cost the most, say about $12,000, and the next twenty about $7,000 per mile. He estimates the dis- tance by this route, passing Jefferson city and Boonville, at about three hundred miles to the western line of Cass county, and the cost of the whole road at $4,200,000, or $14,000 per mile. He puts the cost of preparing the road for the iron at $8,000, and the expense of the iron, weighing seventy pounds to the yard, and the laying, at $6,000 per mile. The cost of equip- ment, in engines, cars, station buildings; &c, is not included. 20 road, or say 125 miles. At 4 cents per mile per ton, and the same rate for a passenger, we have $6,380 for moving the whole one mile, or for 125 miles, the sum of $822,500. Sup- pose the rates to be but 3 cents per mile,* and we have the sum of $616,875. Taking off one-half the first gross sum for expenses, and we have the net sum of $411,250. Taking off one-half the second gross sum for expenses, and we have net $308,437. The first net sum would be a dividend of over 8 per cent., and the second, a dividend of 6 per cent, upon the capital supposed to be invested. If we were to suppose the whole population upon the route passing the railroad, as is stated to be the case to five times the extent upon a railroad in Scotland, the profits would be enormous. To deduct one-half the gross receipts to cover expenses is probably too much, though it takes that in England, and in Massachusetts, upon the average. If, however, the road could be operated for less than half the gross earnings, as some roads are operated, of course the dividends would exceed our mark. This may be a startling, and seem an incredible result. The accuracy of it wholly depends on the truthfulness of our premises as to the cost of the road, and the amount of passengers and freight. As before remarked, the nearest approximation to the truth would be derived from an actual survey and examination of the route, and a full inquiry into all the facts. It is quite pos- sible that the estimate of cost is too low ; but it is equally possible, and, in my opinion, more than probable, that the es- timated traffic is put down at less than what it would be dur- ing the first year's operation of the road. For example, we shall have elements which do not now enter the Missouri boats. *The annual average expense of transportation on the best managed rail- roads in this country to the companies themselves, is about two cents per ton per mile. In England, the cost is greater. The Baltimore and Ohio Rail- road Company charge about four cents per ton per mile. The charge for transportation in boats on the Missouri river varies from twenty-five cents to two dollars and fifty cents peT one hundred pounds for carriage five hundred miles, or an average of about six cents per ton per mile. To this expense is to be added much lost time and heavy insurance, and the total destruction of the boat in three to five years. Indeed, our neighbors in Iowa undertake to demonstrate that transportation from Council Bluffs to St. Louis is over 40 per cent, cheaper over land through Iowa and down the Des Moines river than by the Missouri river. 21 We shall have coal and wood, iron, lead and copper, lumber, live stock, game, and the produce of a vast interior, which now has no market. And moreover it is worthy of remark, that when the road is once completed, the future outlay upon con- struction will bear no proportion to the perpetual increase of future business. The provision in the charter which authorizes the compa- ny to "take, hold, use, possess and enjoy the fee simple, or other title in, and to any real estate, and may sell and dispose of the same," is of great value ; and if the power be judi- ciously exercised in the purchase and management of lands, and station and town sites along the route, the profit from this source, to the company, might be very great. It would, at least, tend to keep the stock always up to par, even if the company should not meet the expected returns immediately from traffic, and might, by good judgment in the management, put the stock above par, and make it always desirable proper- ty. More certainly still would this be the result, if the gov- ernment of the United States should exercise toward the com- pany the justice and liberality which it has extended to com- panies in every other new State, by granting in aid of the work a small per centage of the enormous quantity of their lands now lying unappropriated and useless upon the route of the road. Foreseeing the great difficulty of raising the large amount of capital required to construct the railroad, the legis- lature probably granted this power as one of the means " ne- cessary and proper to carry the same into complete and suc- cessful operation." Another very generous provision is that which renders it lawful for the county court of any county in which any part of the route may be, to subscribe to the stock, to invest its funds in it, and to issue its bonds to pay the stock thus sub- scribed, and also for " any incorporated city, town or incorpo- rated company" to subscribe to the stock. Thus, when the means of individuals fail, the loan of the public credit may come in to complete the work. This resort is not a novelty in such great enterprises. Great works of public policy, often require and justly appeal to the aggregate power of society. They are matters in which all are interested, and by which all will be benefited. They shed their happy influences upon the rich and the poor, upon the selfish and the benevolent, upon the mean as well as upon the generous. It has often happen- ed therefore, indeed it is happening continually, that States are called on, in sound policy, to aid their more liberal and en- terprising citizens in works tending to the general good, and they have answered the call in numerous instances with com- plete success, oftentimes, not only without advancing a sin- gle dollar, but realizing the beneficient effects of their liberality not only in their increased prosperity, but in the actual re- demption of their liabilities and a pecuniary profit added. This is always the case where the dividends upon the stock exceed the usual rates of legal interest, and of course the stock itself is above par. But they could well afford to lend their aid without direct gain. Indirectly, -the public wealth is in- creased many times more than the whole sum invested in the improvement. This policy, however, is so well known and approved, that we might justly be regarded as benighted, and behind the times, were we to doubt its availability or propriety, or refuse to adopt it. Without it, New York might never have achieved her great system of improvement, and Massa- chusetts would have been still locked within her mountains. Even Virginia, whose bad roads and laggard spirit in internal improvements have been a reproach to her, has awakened to a full appreciation of it, as to a new discovery, and now, by a general law, lends her strength and her means to every rail- road enterprise in the State. In fact, there is scarcely a State or a city striving to maintain its rank among its contempora- ries, that does not, from necessity, avail itself of this means of advancement. And shall Missouri give up without an effort, and forever remain behind? She is too deeply interested to let this opportunity pass. This great work, which is to invite population, which is to stimulate the mechanic arts, extend ag- riculture, disembowel the earth of its mineral wealth, set up machine shops, rolling mills and factories, and awaken all the 23 slumbering energies of a giant State, must be, will be, carried to a triumphant consummation. The city and county of St. Louis will set an example, which the counties along the line will, doubtless, follow to the extent of their ability. They will subscribe in the stock and issue their bonds to pay it up as required, and receive their certificates. The State then ought not to fail to subscribe such an amount, as, with the other means of the company, will carry the work to the western border. Can there be any reasonable doubt that the stock will be available to redeem all such bonds as they may fall due? Experience shows that there is none of the hazard about rail- roads that exist in banking and insurance and trading compa- nies. They are of the industrial hard-working class, whose gains may be as surely relied on as the daily labor of a man, or of the ox, or of the horse. But unlike the labor of a man or a horse, there is no limit to their productiveness. Their powers expand with every increased demand. Nor is there danger of their falling into desuetude until man ceases to be a social being, and loses his love of locomotion. On the con- trary, they gain in favor, in business, in usefulness, and in profit, every day of their existence. But it may be said the State is too young to embark in such an enterprize. Is Missouri younger, poorer and less civilized than New York was when the latter engaged in the great pro- ject of her Erie Canal? Younger and poorer than Alabama, than Michigan, than Indiana, when they began to erect these systems which have put them forward with so much of added wealth and renewed life? But our youth is entirely in our favor. It gives us energy and elasticity; we are not burdened with debt nor decrepitude. Nor are we left to try doubtful experiments. We may avoid the errors of those States which are older and profit by the wisdom which they have purchased by experience. We can see the folly of undertaking too much, and avoid it. We can see the folly of scattering our resour- ces, instead of concentrating them upon a favorite object. We can perceive that when we determine that a work is worth commencing, it is worth completing, or the labor and capital expended in beginning it may be lost, 24 Look at the work which we propose. Is it not worth un- dertaking? Are we not able to undertake it, and to complete it? Poorer States, or rather people with less capital than we, have projected and finished even greater works. And have they regretted their exertions? Is any completed public work in any State regreted ? Will this road injure any body ? Does it involve any body or people in bankruptcy or ruin ? Certain- ly not. It calls on no man to subscribe in its stock who is not perfectly able to do it, and is both able and willing to meet any legitimate and proper calls that may be made upon him to the extent of his subscription. Involuntary subscriptions are neither expected nor desired, and ought to be impossible. Sup- posing it were true, therefore, which, however, is not admit- ted, that the stockholders will receive no immediate and direct profit upon the money they may have advanced, there are none of them, it is presumed, who will have subscribed so large a portion of their fortunes as to feel very serious inconvenience should their subscriptions turn out to be wholly sunk. Even in that plight, their consciences would be quite as well at ease as those of their neighbors, who, too selfish to engage in any public enterprise, should avail themselves of the opportunity to cloak their illiberality under an affectation of financial shrewd- ness. They would, at least, have the satisfaction of feeling that their State pride, their local pride, was not rebuked, but vindicated by the effort they had made, though unavailing. But, on the contrary, let us suppose, what we believe will be the result, that the money invested not only receives a fair profit, but that the whole community is also advanced in busi- ness, in prosperity, and in wealth, then those by whose efforts the work was achieved, will receive a double satisfaction, while those who are too ignorant, too selfish, or too poor in public spirit to assist in the work, will experience a double mortifica- tion a mortification that would scarcely find relief in seeing their estates enhanced in value upon their hands by the patri- otic efforts of others. But upon what do you rely for remuneration, continues an objector, Let us answer him by taking him a ride upon the 25 rail itself. Let us, for a moment, imagine the work to be com- pleted. As we approach the depot or station house, we notice, with astonishment, the new and costly improvements in its vi- cinity. We see that it has produced a complete revolution in that part of our city. We observe carriages, drays, and peo- ple rushing to and fro, preparing for the train a^out to start. We enter the station house. We see the United States mail, quantities of baggage, and some fifty or sixty passengers going aboard the fast train. Here we see, also, boxes of merchandize of all sizes, and various articles of household and farming uten- sils, hogsheads of sugar, sacks of coffee and of salt, barrels of molasses and of whiskey, kits of mackerel, boxes of raisins, bundles of paper, wagons in pieces, small carriages, kegs of nails, bars of iron, boxes of Indian goods, and of hats and of shoes, glass, tar and turpentine, and a vast variety of articles marked for the towns in the interior, and some of them for Santa Fe, and some for Deseret, which the men are at work placing in the freight train. There is none of that disorder and flurry which exists upon the Levee, but all is neatness and order, and conducted systematically, and under the strictest discipline and accountability. But the bell is ringing we will take our tickets and step aboard the train. Off we go, at the speed of 25 miles the hour. We have not gone five miles when the pace is slacked, and we observe one or two gentlemen jumping off* at their suburban residences. We also notice that the first 6 miles of the road has proved of great benefit to the coal property near St. Louis as against the great competition from the coal fields of Illinois, and that this part of the road is doing a fair business in carrying coal into the city. In the increased consumption of coal, we calculate upon about one million of bushels per annum, which, at a freight charge of two cents per bushel, would afford an annual income to the road of $20,000, and that is vastly less than the cost of haul- ing by wagons. At one cent per bushel, the yield is $10,000. The first 6 miles of the road, therefore, pays a handsome net profit, upon a cost of $20,000 per mile. But the further out we go, the more profitable does this part of the road seem, 26 A few miles further is a platform and a turn out. Here seve- ral are waiting to get in, and several also get off to go to their dwellings. Here, also, we observe a string of other cars, la- den with coal. We pass on, scarcely having time to observe the fine residences whi< h city gentlemen have constructed all along each side of the road ; but we stop every few minutes to let off a passenger or two, and take on as many more, so that our number is kept about the same. Here we pass a train, standing in a turn out, loaded with wood, with a few cars of baled hay attached. The country on either side seems to be full of busy men, and every farm occupied. Contrary to the apprehensions of some of the farming community within ten miles of the city, who feared the competition of the further off regions, lands adjacent to the road have advanced in value more than one hundred per cent. Soon we reach a water sta- tion, where we observe immense piles of cord wood, and many men still engaged in hauling and cording. Here, also, is a small refreshment house, and here again we leave and take a few passengers. Directly we meet a freight train loaded with a variety of farm produce from the rich valley of the Merri- mac, and with pigs of lead, and copper and iron, from Frank- lin county. In about two hours from St. Louis, we are at the Union Station, where we discharge a few passengers, and where we observe large piles of metal in pigs. We pass into a m'neral region of great and various resources Every few miles we see furnaces in full blast. In addition to the quanti- ties of metals, we notice, also, lumber from the Merrimac and its tributaries we see granite and kaolin and soapstone and fire brick, brought from the country adjacent on the south, and ready for market. We are within reach of the great bu- siness of the Iron Mountain and the various mines of Craw- ford and Washington counties. The quantity of freight col- lected cannot be estimated, but is very large, and is destined to increase indefinitely. Though stopping now and then to take or leave a passenger, or to supply the engine with water, we are soon at the crossing of the Gasconade. Across this river is constructed a grand bridge of solid masonry, of great 27 strength and durability. There is no lack of materials for such works. Here we see extensive lumber yards, and an im- portant station for the Gasconade region. Immense quanti- ties of yellow pine lumber are floated down from above, and piled up here to season, and is always at command of daily orders from St. Louis. An order given to-day in St. Louis, is answered to-morrow by the receipt of the, lumber. There were, in 1849, upon the Piney Fork of the Gasconade, about fifteen saw mills, turning out about five millions of feet per annum. This has been rafted to St. Louis, at an expense of about five dollars per thousand. The railroad can afford to take it at about half that price, and deliver it in less time, and in much better condition. One of the consequences is, a large increase in the quantity produced, and the road derives from it a handsome profit. Considerable quantities of merchandize are deposited here, and new buildings are going up on lots laid out and sold by the company. But, on we go, into the fertile val- ley of the Osage, and before we are aware of it, we are at the Osage river, and at another fine structure, by which we cross it. We observe a draw in the bridge, to admit of the passage of small steamboats. A small boat is lying just above the bridge, discharging freight, consisting of a variety of articles from the Osage valley, at a depot conveniently arranged, and a series of cars are receiving it. We observe, also, here a few new buildings, and a yard full of live stock, destined for St. Louis, per railroad. We hear of a scheme to penetrate, by a branch, the upper part of the Osage valley, and here, also, we meet the down train, with a number of passengers, and we ob- serve a number of cars also waiting their opportunity to pass down, loaded with bacon and beef, hides and peltries, dried fruits, beeswax, hemp, tobacco, eggs and poultry. From this point westward, we find the country better adapted, in its sur- face, to the construction of a railroad. We observe less of mineral, but much more of the agricultural products. Our passengers leave us to the right and left, and occasionally a few enter the cars. At one place our attention is drawn to a medley of noises, arising from a freight train. We discover. 28 through the bars, as the train moves on, a number of cars, some filled with live hogs and cattle, and others with hemp and tobacco, on their way to St. Louis. We are struck with the fine appearance of the country as we pass on, and observe numerous excellent farms. The agricultural resources of this part of the State are very great, and looking at the whole route, merely in an agricultural point of view, the land upon it is vastly superior to that upon the routes of some of the eastern roads which have been constructed at an expense of sixty or seventy thousand dollars per mile. We reach our sta- tion, not far from the mouth of the Kanzas, in about twelve hours from St. Louis. Here our passengers dispose of them* selves for the night at a commodious hotel, intending to be off in the morning for Independence, and Liberty and Westport, and Fort Leavenworth, and other places up the river. The hotel is quite full of passengers, including people from far up the Missouri, and Santa Fe traders, Californians and others, numbering quite as many to go down as there were up. Here, also, a large amount of freight is collected, comprising farm produce from the rich and populous counties adjacent, furs and peltries, and other products from the great country lying still to the west. We go to, our rest, gratified with the trip, con- vinced that Missouri is to be a great and wealthy State, and fully satisfied that the railroad is a noble and a profitable work, reflecting the highest credit upon its projectors and its finish- ers. Now, although this be an imaginary trip, who, that knows any thing of railroads, can doubt that its realization is perfect- ly within our reach? Let us, then, put forth our strength and commence the great work, and persevere in it to its final consummation. Let us pledge St. Louis, city and county, for at least one million of the capital required. Let us appeal to the people, towns and counties upon the route of the road, and procure from them, in the aggregate, in money, land, labor and materials, at least one million more, beside the right of way, which ought to be 29 freely granted, either by individuals or by the counties.* Let us appeal to the government of the United States, until we prevail with them to give us, of their twenty-nine millions of acres of unappropriated land in this State, say but one-sixtieth part, but which, by judicious selection, and in our hands, we could make available for another million. And finally, why may we not appeal to the State government ? True, it has lit- tle experience in such works, but the experience of nearly every other State in the Union, and the injunction of the Con- stitution, which requires that " internal improvement shall for- ever be encouraged by the government of this State," points out the path of wisdom and of duty. Clearly this work is one of "the most proper objects of improvement'' contempla- ted by the Constitution, and one of the most important, as the base of a system, which probably can be presented. As a grand trunk line, which will be available to the people on the right and left, and which may ultimately be made the beginning and a part of the National Highway to the Pacific, it cannot be regarded, in any respect, as a local work, but it is, at the least, a State work upon a comprehensive scale, and as intimately bearing upon the national interests, it is a work also of national importance. As a State work merely, however, looking to its effect in developing the resources, and increasing the popula- tion and aggregate wealth of the State, it deserves the serious consideration and parental fostering of the State government. In what manner the aid of the public authorities should be ren- dered, is a question which should be determined with strict reference to the object we have in view. If such aid were to be rendered by subscriptions in the stock to such an amount as to annihilate the influence of private stockholders, and the measure were to result in giving up the control of the road to party politics, we presume no true friend of the road would be willing to receive any such aid. No private stockholder would be willing, probably, to hold an interest subject to the caprices of party politics. Deprecating, as every sin- * A correspondent suggests that, looking to the National uses of the road, this strip of laud ought to be one thousand feet wide. 30 cere friend of the measure must, any connection with in- fluences so ruinous to the best interests of a rail road, it would seem to be desirable that the aid of the public au- thorities should be rendered in some other form than that which would involve them in an actual participation in the management of the road. This necessary aid could, doubt- less, be as well and effectually rendered by a loan to the com- pany of the public credit, which might be secured by the hy- pothecation of certificates of stock, or of the road itself, its property and appurtenances.* A loan upon the pledge of certifica'es of stock, would doubt- less be more desirable to the compan}*, inasmuch as their ow r n credit would be more available by their work remaining unen- cumbered. Aid thus rendered, in a liberal and magnanimous spirit, to the extent of a million of dollars by the State, loaning the bonds of the State to the company, and receiving certifi- cates of stock as security, would with the other means secure the completion of the work at an early day, without involving the State in any debt which could not be paid off by the as- signment or sale of the certificates of stock upon the completion of enough of the road to afford a dividend upon its cost and operation. If, however, the aid to be extended should be by an actual subscription in the stock, the interests of the city or state making the subscription can be represented by proxy, but the instalments required by the board of directors, must be met in money as they are called for. Nevertheless, what- ever may be the form, the aid should be proffered, and if pos- sible, given effectually; and the state should not hesitate to as- sume an equal rank with her sister states in the race of civiliza- tion and progress. But let us remember, that our prosperity in this great enterprize may be augured by the disposition we may exhibit to avoid the follies and the corruptions of the past. Boards of direction must have a vital energy, derived from the introduction of really working and practical men, who should * The State of Massachusetts holds a mortgage of $4,000,000 on the Wes- tern Railroad. The City of Albany, N. York, holds a mortgage of $1,000,000 on the Albany and West Stockbridge Railroad. Numerous States and cities could be mentioned that have lent their credit to railroads. 31 have an intelligent understanding of their business, and from whom we should exact specific, full and plain details of ex- penditure, and whose continuance in the board, should depend upon the measure of their willingness to act up to the full amount of their responsibility. With such aid, with such care, commencing the work at St. Louis, and working westwardly, completing the road by sections, no more of which should be begun than we can clearly see our ability to finish, who can doubt that the road will make its gradual but sure way to the western border, and fulfill its great mission of usefulness? And let us not forget that this work through the State is to be constructed "with the view of continuing the same ultimate- ly to the Pacific Ocean." The President of the United States, in his message to Con- gress says : " The great mineral wealth of California, and the advantages which its ports and harbors, and those of Oregon, offer to commerce, especially with the islands of the Pacific and Indian oceans, and the populous regions of Eastern Asia, make it certain that there will arise, in a few years, large arid prosperous communities on our western coast. It, therefore, becomes important that a line of communication, the best and most expeditious which the nature of the country will admit, should be opened, within the territory of the United States, from the navigable waters of the Atlantic or the Gulf of Mexico to the Pacific. Opinions, as elicited and expressed by two large and respectable conventions, lately assembled at St. Louis and Memphis, point to a rail road as that which, if practicable, will best meet the wishes and wants of the country.'' That such a rail road is practicable has been abundantly shown by the reports of travelers, explorers and engineers. That the United States can build it is not in the least proble- matical. The New England States alone, have constructed over 2,300 miles of railway. The people of the United States have constructed more than three times the length of rail road required to reach the Pacific, within the last ten years. Proba- bly they will construct as much more within the next ten years. But where is a rail road more greatly needed than 32 between the Atlantic States and those which are growing up on the Pacific? How is our government to get on with its mail, its military and civil affairs, its land and fiscal concerns, its Indian department, its territorial difficulties in the vast in- terior, and upon the far off coasts of Oregon and California, without more expeditious means of communication? We hold it to be impracticable, and for any length of time, impossible. Such a communication, in order to the prosperity of this gov- ernment and country as a unit, is indispensable and inevita- ble. Some may regard the measure as extraordinary, but the occasion is extraordinary. Some may consider a rail road a novelty for government, but it is no more a novelty than the Macadamized national road was in the time of it, a species of road now nearly superseded by the railway. Others may affect to know that the country is impracticable for the con- struction of a rail road, that deserts intervene, &c. but they are only ignorant of what they speak. All that is extraordi- nary, all that is novel, all that is obscure about this great measure of the age, will disappear, and the whole thing be- come plain and practicable, upon the application to it of the usual test. In carrying it out, the State work completed by us, will be of great service, and if need be, perhaps the stock- holders would be willing to surrender it to the United States, upon being re-imbursed their outlay, and receiving assurance of its continuation to the Pacific Ocean. APPENDED NOTE The length of Railway in Great Britain and the United States. The aggregate length of railway in the united kingdom of Great Britain, at the close of the year 1849, was 5,950 miles. The cost of construction appears to have been 197,000,000, or at the rate of 33,110 per mile. The receipts upon them all, for the last year, is stated at 11,683,800. The whole number of miles of railway in operation in New England, Jan. 1, 1850, is stated at 2,300 miles. The whole amount expended in the con- struction of these lines, and others in progress, is estimated at about $100,- 000,000. A railway to the Pacific would cost nothing like that sum. The aggregate length of railway in the United States is over 7,000 miles. The cost per mile, charges and profits, of twelve Railroads in . the United States. The Auburn and Rochester Railroad, N. Y., 78 miles long, cost $34,000 per mile ; pays a dividend of 8 per cent. The charge for heavy freights is 27 cents per 100, through. Passengers, 3.89 cents per mile. The Boston and Lowell Road, in Massachusetts, 25 miles, cost $73,200 per mile ; pays 8 per cent. Freight, $1 25 per ton, through. Passengers, 2.15 cents per mile. The Boston and Maine Railroad, 74 miles, cost $45,000 per mile ; pays 8}^ per cent. Heavy freight, 2.14 cents per ton, per mile ; light and bulky, 3.5 cents per ton, per mile. Passengers, 2.25 cents per mile. The Boston and Worcester Railroad, 44 miles, cost $74,700 per mile ; pays 8)< per cent. Heavy freight, 4 cents ; light and bulky, 6 to 10 cents per ton, per mile. Passengers, 2.8 cents per mile. The Concord Road, 34 miles long, upon a paid capital of $1,350,000, pays 10 per cent. Freight, 4 and 3} cents per ton, per mile. Passengers,- 2.35 cents per mile. The Fitchburg Road, in Mass., 49 miles, cost $52,300 per mile; pays %% per cent. Heavy freight, 4 cents per ton, per mile. Passengers, 2.5 cents per mile. The Utica and Schenectady Road, N. Y., 78 miles, cost $40,500 per mile; pays 10 per cent. No freight allowed when canal is open. Passengers, 3.84 cents per mile. 3 34 The Western Road, Mass., 117 miles, cost $67,700 per mile ; pays 8 per cent. Heavy freight, 2 56 cents per ton, per mile. Passengers, 2.5 cents per mile. The Macon and Western Road, Georgia, 101 miles, cost $6,218 per mile J paid, in 1848, $78,722 net earnings. Heavy freight, about 5 cents per ton, per mile. One of the Georgia Railroads made a profit of over 11 per cent, in 1849. The Madison and Indianapolis Road, Indiana, 86 miles, cost per mile ; pays 14 to 15 per cent, dividend. Heavy freight, $5 per ton, through. Passengers, 2.9 cents per mile. The Little Miami Road, Ohio, 84 miles, cost $18,000 per mile ; pays 10 per cent. Heavy freight, $3 20 per ton, through. Passengers, 2.38 cents per mile. The Michigan Central Railroad, 218% miles, cost per mile ; re- ceived, in 1849, $600,986 60, gross. Power of Engines. An engine of 24 tons will take, on a level, 500 tons 15 miles per hour. The same engine would surmount grades varying from to 74 feet per mile, say in running 50 miles, and carry 130 tons at the same speed. The average speed of passenger cars in Massachusetts, is 23.13 miles per hour. The average speed of freight cars, is 12.35 miles per hour. The express passenger trains run 35 miles per hour. The Baltimore and Ohio Railroad Company possess engines capable of hauling 1,100 tons on a level road, and 170 tons on grades of 80% feet per mile. Consumption of Fuel, Water, tyc. The quantity of water consumed on the Western Railroad of Massachu- setts, 156 miles in length, amounts daily to 160,000 gallons, or 640 tons. The same road consumes 40,000 cords of wood annually, and 25,000 gal- lons of sperm oil. An engine of 20 tons, working up to full power, will evaporate from 50 to 60 gallons of water per mile, and consume about a cord of light wood in an hour, or say two cords of hemlock wood in 50 miles. Improvements. There have been many improvements in railroads, cars and engines, in construction and management within the past few years. The American cars are admitted to be far superior to the English, though the English roads are the most thoroughly built. The construction is better understood than formerly, and therefore it is more economical. Railway iron, in conse- quence of the stand still to which railways have been brought in England, a panic having succeeded the mania, can be purchased now unusually low. It will !be delivered at New Orleans for about $35 per ton. 35 Comparative ratio of Expenses to gross Receipts, and the com- parative cost per mile run on ten Railroads, in 1846. Names of Roads. Rate of ex. to Cost per milo Total Receipts. Total Expenses, gross recc:pts. run. Georgia-- 38 $0 61 $400,935 46 $157,902 36 South Carolina 51 87 589,08152 302,369 72 Boston and Lowell 55 105 384,102 29 212,233 62 " Maine 51 65 349,136 56 179,734 83 " " Providence 47 85 360,375 03 169,670 48 " " Worcester 51 96 554,712 46 283,866 11 Fitchburg 41 58 286,645 26 117,447 34 Western 47 72 878,417 89 412,679 80 Baltimore and Ohio 48 64 895,315 22 429,100 28 Central (Georgia) 56 67 303,439 96 170,236 90 The Boston and Lowell Road above mentioned, has its rails laid upon blocks of stone, and it is believed that its working expenses are much heavier than those of roads furnished with wooden sleepers. Order of proceeding in establishing a Railroad Line. Attention, in the outset, should be directed, first, to the probable character and amount of traffic over the line ; second, the wants of the community in the neighborhood of the line ; third, the natural features of the country between the points of arrival and departure, as regards their adaptation to the proposed communication. A thorough examination and study of the ground by the eye, termed a re- connaissance, is an indispensable preliminary, says Mahan, to any more ac- curate and minute survey by instruments, to avoid loss of time, as by this more rapid operation any ground unsuitable for the proposed line will be as certainly detected by a person of some experience, as it could be by the slow process of an instrumental survey. This should be preceded by a careful inspection of the maps of the country through which the line is to pass. After the reconnoissauce, succeeds the surveys, which consist in measuring the lengths, determining the directions, and ascertaining both the longitudi- nal and cross levels of the different routes, or, as they are termed, trial lines, with a sufficient accuracy to enable the engineer to make a comparative estimate both of their practicability and cost. The results of the surveys are to be embodied in a map and memoir. After which, succeeds the location of the line, in whirh we should aim at the greatest practicable directness, and avoid all unnecessary ascents, de- scents and curvatures. Gradients. Mahan says that, from various experiments upon the friction of cars upon railways, it appears that the angle of repose is about 1-250, but that in de- 36 scending gradients much steeper, the velocity due to the accelerating force o^ gravity soon attains its greatest limit and remains constant, from the resis- tance caused by the air. Wear and Tear. Experience upon the Baltimore and Ohio Railroad, shows that the injury done to the road by the transportation of two passengers, is about equal to tha t produced by one ton of freight. [Ellkt. The expenses of Railroads are elassified as follows : 1. Motive Power Including the cost of repairing locomotive engines and tenders, fuel, oil, cotton waste, and the wages of engine men and firemen. 2. Car Expenses Including the cost of repairing cars, grease for cars, and the wages of conductors and brakemen. 3. Road Expenses Including the repairs of railway, repairs of bridges, repairs of depots, repairs of water stations, pumping water and watching bridges. 4. General Expenses Including the pay of agents and clerks, pay of de- pot labor, miscellaneous charges, losses by fire, salaries, office rent, legal ex- penses, taxes, insurance, &c. Comparative safety of Railroads. Experience proves railroads to be superior, in point of safety, to any other mode of conveyance. This is so well settled, that in England insurance companies will insure a life for a single journey, in the sum of $5,000, for 3 pence. They also insure a passenger during all the journeys he may take, at a moderate rate. Comparative cost of Engines. Locomotives Cost in England. Cost in C States. 15 inch cylinder, 20 tons weight $9,360 $8,300 16 * 22 * " 10,142 8,000 18 " 25 * " 12,000 10,000 The above figures, upon the authority of the Railroad Journal, show that engines are made at less cost in the United States than in England. MEMORIAL TO CONGRESS. To the Honorable Senate and House of Representatives of the United States, in Congress assembled: The memorial of the subscribers, Directors of the Pacific Rail- road Company, organized at St. Louis, in the State of Missouri, respectfully shows : That the Legislature of the State of Missouri, by an act entitled " An act to incorporate the Pacific Railroad," approved March 12, 1849, authorized the formation of a company with {< full power to survey, mark, locate and construct a railroad from the city of St. Louis to the city of Jefferson, and thence to some point in the western line of Van Buren (now Cass) county in this State," "and to hold a strip of land not exceeding one hundred feet wide " for that purpose, and also, "sufficient land for the construction of depots, ware-houses, and water stations," to " select such route as may be deemed most advantageous," and to " extend branch rail- roads to any point in any of the counties in which said road may be located." And the said company were also authorized to " take, hold, use, possess and enjoy the fee simple or other title in and to any real estate, and may sell and dispose of the same;" all of which matters will more fully appear by^reference to the act itself, a copy of which is hereto annexed. Your memorialists further show, that the said company were duly organized under said act, on the thirty-first day of January last past, at a meeting of a majority of the Directors named in the act, by electing Col. John O'Fallon, President, Daniel D. Page, Treasurer, and Thomas Allen, Secretary, of said com- pany. That on the fourth day of February (instant) books were open- ed by order of the said Board of Directors at the city of St. Louis, 38 for subscriptions to the capital stock of said company, and that in the six days, during which said books have been opened, the sum of three hundred and five thousand and five hundred dollars has been subscribed to the said capital stock. Your memorialists further show, that they feel strong assurance that the city and county of St. Louis, and the several counties along the contemplated route of said road, will subscribe a further sum, which, when added to the subscription of individuals, will, in the aggregate, constitute a fund sufficient to construct said road more than half the distance contemplated by the charter, and jus- tify the immediate commencement of the work. Your memorialists further show, that the United States own about twenty-nine million two hundred and sixteen thousand acres of land, yet unsold, in this State, very large portions of which are likely to be rendered available and of increased value by the proposed work of this company. That said lands, yet be- longing to the United States, which lie in the counties bordering the Missouri river, especially on the south, will, by said work being constructed through said counties, be enhanced in value from fifty to one thousand per cent., according to the qualities and situations of said lands. Your memorialists further show, that in consequence of private entries and claims upon lands in the counties through which the road of this company will be constructed, it will not be possible to find vacant lands along the entire route, so as to admit of an available grant of alternate sections of public land, in any thing like a consecutive series upon the line of the road. Your memorialists, knowing the United States to be greatly in- terested in the construction of this road, not only as a land pro- prietor in this State and in the territories west of the State, but also in the increased facilities which will be afforded to the Govern- ment in the transportation of the mail, and of public stores, mu. nitions and troops, officers and annuities connected with the In- dian policy of the Government, therefore respectfully represent, that it would be but justice and propriety, as well with reference to their own interests as to the Railroad Company, that the United States should grant, in aid of said work, such an amount of their vacant lands lying any where within the counties through which the road may run, as would be. equivalent to alternate sections in a space of two miles width upon both sides of said road and along its entire length, allowing the locations to be made as nearly as possible pro rata among said counties : that is to say, to locate in each county according to the distance the road may run in the said counties respectively. Your memorialists further represent, that the distance, in a di- rect line from St. Louis to the western line of the State, is about equal to forty townships, according to the United States' surveys, or two hundred and forty miles ; and that the variation from a direct line, in order to make the most advantageous location of the road, might increase that distance from twenty to fifty miles. That, supposing said road to be two hundred and sixty miles in length, the cost to the company of its complete construction and equipment, estimating such cost at twenty thousand dollars per mile, would be about five millions two hundred thousand dollars. That the grant of the equivalent of alternate sections on both sides of said road, along the entire route, would call, in the aggre- gate, for about three hundred and thirty-two thousand and eight hun- dred acres (332,800) of land, which could not be sold, at the pre- sent time, probably, for fifty cents an acre. Nevertheless, your memorialists believe such a grant would be of great service to this company, in the construction of their Railroad, and that it may become absolutely necessary, in order to secure the com- pletion of the road to the western line of the State. Your memorialists further show, that although five hundred thousand acres of the public lands have been granted by the United States to the State of Missouri for purposes of internal improvement, yet none have ever been granted to any company or companies in this State, having such objects in view, nor for any purpose whatever, within the knowledge of your memorialists. In our sister States of Ohio, Indiana, Illinois, Alabama, Michigan, Iowa, Wisconsin, Mississippi, Louisiana, Arkansas, and Florida, large grants of public lands have heretofore been made by the United States to individuals and companies, as will be seen by- reference to the reports from the General Land Office, and furnish ample precedents for a liberal exercise of a similar policy, in refer- 40 ence to the State of Missouri, and especially toward the Pacific Railroad Company, in whose behalf the present application is made. Your memorialists respectfully pray for a grant of the right of way through the public lands in the State of Missouri, for the purpose of constructing said Railroad, with the right also, to take and use the necessary materials of earth, rock, timber and water, for the construction and operation thereof, and also a donation to said Railroad Company, equivalent to alternate sections of the public lands in a space of two miles in width on both sides of the said Railroad, for the entire length thereof, and fox such other and fur- ther aid in the premises, as to your honorable bodies may seem meet and expedient. And your memorialists will ever pray, &c. J. O'FALLON, President. THOMAS ALLEN, Secretary. D. D. PAGE, Treasurer. A. L. MILLS, ADOLPHUS MEIER, J. B. BRANT, JOHN B. SARPY, JAMES H. LUCAS, EDWARD WALSH, JAMES E. YEATMAN, WAYMAN CROW, GEORGE COLLIER. St. Louis, Mo., February 9, 185Q. AN ACT TO INCORPORATE THE PACIFIC RAILROAD. Be it enacted by the General Assembly of the State of Missouri, as follows ' Section 1. A company is hereby incorporated, called the Pa- cific Railroad, the capital stock of which shall he ten millions of dollars, to be divided into shares of one hundred dollars each. The holders of which, their successors and assigns, shall constitute a body corporate and politic, and by the name aforesaid shall have continued succession, may sue and be sued, plead and be impleaded, defend and be defended against, and may make and use a common seal, and shall be able, in law and equity to make contracts; may take, hold, use, possess, and enjoy the fee simple or other title in and to any real estate, and may sell and dispose of the same ; may make by-laws, rules and regulations proper for carrying into effect the provisions of this act, not repugnant to the constitution or laws of the United States, or of this State, and shall have the usual and necessary powers of companies for such purposes. Sec. 2. John O'Failon, Louis V. Bogy, James H. Lucas, Edward Walsh, George Collier, Thomas B. Hudson, Daniel D. Page, Henry M. Shreve, James E. Yeatman, John B. Sarpy, Wayman Crow, Joshua B. Brant, Thomas Allen, Robert Campbell, Pierre Chou- teau, jr., Henry Shaw, Bernard Pratte, Ernst Angelrodt, Adolphus Meier, Louis A. Benoist, and Adam L. Mills, or any nine of them, shall constitute the first Board of Directors under this act, and shall hold their offices until their successors shall be qualified ; they shall meet at such time and place as shall be designated by any three of them, and organize as a Board of Directors, and when organized they shall cause books to be opened for the subscription of the capital stock of said company, at such times and places as they may designate under the supervision of such persons as they may appoint, and may continue them open so long as they may 42 deem proper, and may re-open such books, when necessary, until the whole stock shall be subscribed. Sec 3. So soon as two thousand shares shall be subscribed, the Directors shall cause an election to be held for nine Directors, at such time and place as they may appoint, and give notice of it in two or more public newspapers. Sec 4. An election for nine Directors shall be held on the last Monday in March, in each year, and if not held on that day an election may be held at any other time that the Directors shall de- signate ; the election shall be held under the supervision of one or more stockholders, and the persons receiving the highest number of votes shall be elected, and shall continue in office till their succes- ors be qualified. Every stockholder shall be entitled to one vote for each share held by him, and he may vote by proxy ; soon after their election the Directors shall meet and elect one of their number Pres- ident, who shall hold his office for the term for which he was elected Director, and until his successor shall be qualified. Sec 5. The Directors shall appoint agents, clerks, engineers, su- perintendents, and other officers and servants for said company ; shall keep a journal of their proceedings ; shall cause correct books and accounts to be kept; they may determine by by-laws what num- ber of Directors shall constitute a quorum, and may appoint com- mittees and fill all vacancies in any office under said company ; they shall fix the salaries of the President, and the officers and agents; but no Director shall receive any compensation for his services as such. They may take security from their officers and agents, and may adopt such measures and do such acts as will be best calculated to promote the prosperity and usefulness of said company. Sec 6. The Directors shall make and advertise calls for the pay- ment of the capital stock, at such times and in such manner as they may deem proper, and if any stockholder shall fail to pay any such requisition within ten days after the time appointed, the said com- pany may recover the same with interest, and if not collected may declare the stock forfeited and sell the same ; and no delinquent stock- holder shall vote in said company. Sec 7. Said company shall have full power to survey, mark, lo- cate and construct a Railroad from the city of St. Louis to the city of Jefferson, and thence to some point on the western line of Van 43 Buren county, in this State, with a view that the same may be here- after continued westward!}' to the Pacific Ocean ; and for that pur- pose may hold a strip of land not exceeding one hundred feet wide, and may also hold sufficient land for the construction of depots, warehouses, and water-stations; and may select such route as may- be deemed most advantageous, and may extend branch railroads to any point in any of the counties in which said road may be located. Sec. 8. Said company may take voluntary relinquishments of the right of way for said road, and the necessary depots and wa- ter stations; and if the land through which such road shall pass, shall belong to minors, in whole or in part, the guardian or cura- tor of such minor shall have power to convey to said company so much of the land as may be necessary for the purpose aforesaid, on fair and equitable terms; but every such conveyance by a guar- dian shall be subject to the approval or rejection of the probate or county court in which such guardianship is pending. Sec 9. If any owner of any tract of land through which said railroad shall pass, shall refuse to relinquish the right of way for said road to said company, or if the owners be infants, or persons of unsound mind, or non-residents of the State, the facts of the case shall be specifically stated to the judge of the circuit court of the county in which such lands are situated, and said judge shall appoint three disinterested citizens of the county to view said lands, who shall take into consideration the value of the land and the advantages and disadvantages of the road to the same, and shall report under oath what damages will be done to said land, or any improvement thereon, stating the amount of the dam- ages assessed, and shall return a plat of the land thus condemned. Notice of such application to a judge shall be given to the owner of such land five days before the making of the application, if such owner reside in this State, or to his guardian; and if such owner be a non-resident of this State, he may be served with actual notice, or by an advertisement for four weeks in some pub- lic newspaper. Sec 10. The persons appointed to view and value such land, shall file this report and plat in the office of the clerk of the cir- cuit court of the county in which the land, or a part thereof, is sit- uated; and if no valid objections be made to said report, the court 44 shall enter judgment in favor of such owner, against such compa- ny, for the amount of damages assessed, and shall make an order vesting in said company the fee simple title of the land in such plat and report described. Objections to such report must be filed within ten days after the same shall be filed which objections shall be examined by said judge, in term time or vacation, and he may hear testimony, and by judgment confirm said report, or may set the same aside and appoint three other viewers, who shall pro- ceed in the same manner, and make their report, until a report shall be confirmed. In all such cases, the court shall adjudge the costs of the proceedings according to equity, and the said court shall have power to make such orders and take such other steps as will promote the ends of justice between the owners of such lands and said company. Sec. 11. Said company may build said road along or across any State or county road, or the streets or wharves of any town or city, and over any stream or highway; but whenever said railroad shall cross any State or county road, said company shall keep good and sufficient causeways or other adequate facilities for crossing the same ; and said railroad shall not be so constructed as to prevent the public from using any road, street or highway along or across which it may pass j and when said railroad shall be built across any naviga- ble stream, said company shall erect a bridge sufficiently high on which to cross, or shall construct a draw-bridge, so that in no case shall the free navigation of such stream be obstructed. When any persons shall own lands on both sides of said road, said company shall, when required so to do, make and keep in good repair one causeway or other adequate means of crossing the same. Sec. 12. Said Company shall commence the construction of said road within seven years, and shall complete the same within ten years thereafter; and said company shall have general power to use, manage, control, and enjoy said railroad ; shall determine what kind of carriage shall be used thereon, and by whom and in what manner, and shall determine the terms, conditions, and manner in which mer- chandise, property and passengers shall be transported thereon ; and shall have power to construct and keep such turnouts, gates and bridges, culverts, toll-houses, depots, warehouses, causeways and other buildings, machinery and fixtures as may be necessary ; said 45 company may receive such tolls and freights as may be deter- mined on by the directors, and shall keep posted up statements of the rates of toll and freight to be charged. Sec. 13. Dividends of the profits of said company shall be made annually, or oftener if necessary ; but the directors may reserve or set apart a portion of the profits as a contingent fund to meet expen- ditures and losses. Sec 14. It shall be lawful for the county court of any county in which any part of the route of said railroad may be, to subscribe to the stock of said company, and it may invest its funds in the stock of said company and issue the bonds of such county to raise funds to pay the stock thus subscribed, and to take proper steps to protect the interests and credit of the county; such county court may appoint an agent to represent the county, vote for it and receive its dividends; any incorporated city, town, or incorporated company, may subscribe to the stock of said railroad company, and appoint an agent to repre- sent its interests, give its vote, and receive its dividends, and may take proper steps to guard and protect the interests of such city, town or corporation. Sec 15. At every annual meeting of said company, the directors shall make to the stockholders an exhibit of the affairs and condi- tion of the company. One-seventh part in interest of all the stock- holders may call a meeting, by giving four weeks' notice in two pub- lic newspapers. Sec 16. When said road shall be completed, the company shall file a plat thereof in the office of the Secretary of State, and the Legislature may at any time require a statement from the company as to the progress of the work, the amount of business, and the re- ceipts of the company ; and the books and accounts of said company may, at any time, be investigated by a committee appointed by the General Assembly. Sec 17. Said company shall keep a fair record of the whole ex- pense of constructing said road, and at the end of fifty years the State shall be at liberty to purchase, said road, by paying to said com pany the amount at which it shall be valued, by persons to be mutuall y chosen by the State and by said company; but two years' notice shall be given to said company of the intention of the State to purchase the railroad. 46 Sec. 18. When any person shall cease to be a stockholder, he shall cease to be a member of said company. Sec. 19. If any person shall wilfully injure, obstruct or destroy said railroad, or shall break, destroy, or deface any work, edifice, or other fixture or improvement belonging to said company, he shall be considered guilty of a criminal offence, and shall be punished in such manner as shall be prescribed by law, and shall also be liable to said company for all damages by it sustained. Sec 20. The operations of said company shall be confined to the general business of locating, constructing, managing and using said railroad, and the acts necessary or proper to carry the same into complete and successful operation. This act shall take effect from its passage. Approved March 12th, 1849. ^sc ^^m -^m:< , < : <^T" ^*-,-^ < <: < ^ItO-L < *c ^ ^-^^^ ^'-*s^^ ^