conveyed or the title vested in either of said companies until said roads, respectively, shall have been completed from their starting points to where the public lands are situated, nor until at least fifty miles shall have been constructed through the public domain, and then such lands only shall be conveyed as are situated on either side of the fifty miles so completed; and on the completion of each fifty miles, the lands on either side of that part of the road so completed shall be conveyed as aforesaid.

"SEC. 17. And be it further enacted, That to insure the safe, certain, and speedy transportation of mails, troops, and public stores, any legal and duly authorized company, incorporated by any of the States or Territories through which the same shall pass, shall have power to lay out, locate, construct, furnish, maintain, and enjoy, a continuous railroad from a point at Superior, in the State of Wisconsin, to the western border of Minnesota, at or near Breckinridge, on the Red River of the North; thence westerly, crossing the Rocky Mountains north of the forty-fifth parallel of north latitude, on the most eligible route to some point on Puget's Sound, with a branch diverging southerly within three hundred miles of Puget's Sound, and via the valleys of the Columbia and Willamette rivers, to Portland, Oregon, and to be called the Northern Pacific railroad; and said company undertaking to build said road, shall consolidate, confederate, and associate with any other legal and duly organized companies, incorporated by any of the States or Territories for the purpose, which may wish to aid in the construction of the road upon joint and equitable terms; and there is granted to said company undertaking to build said road, six alternate sections of land per mile on each side of such railroad line as said company may adopt, from Lake Superior to the western border of Minnesota, and from thence, to the amount of ten alternate sections per mile, on each side of such railway line as said company may adopt, to the western termini of said route. And said company shall also construct a telegraph line along said line of railway, in the most approved and workmanlike manner.

"SEC. 18. And be it further enacted, That whenever said company undertaking to construct said railway from Lake Superior to Puget's Sound and Portland, Oregon, shall have fifty miles of said railroad and telegraph line ready for the service contemplated, commencing on Lake Superior, Charles D. Gilfillen, of Minnesota, Nathaniel P. Banks, of Massachusetts, (but soon to be a citizen of Illinois,) and Isaac I. Stevens, of Washington Territory, are hereby constituted a board of commissioners to examine the same and report to the President of the United States; and if it shall appear by said report that fifty miles of said railroad and telegraph line have been completed in a good, substantial, and workmanlike manner, and in all respects as required by this act, and supplied with all necessary rolling stock, buildings, and depots for the use of said road, as a first class railway, and that the same are in good working order, then it shall be the duty of the Secretary of the Treasury, under the direction of the President, to issue to said company the bonds of the United States for the sum of ten thousand dollars per mile on said fifty miles for the use of said company, as an advanced payment upon the contract authorized by this act. And for

each and every fifty miles of said railroad and telegraph line ready for service, in running order, the Secretary of the Treasury shall issue to said company the like sum of ten thousand dollars per mile in bonds of the United States, until said road shall reach the western border of Minnesota; and after that the sum of fifteen thousand dollars per mile for every fifty miles completed on any part of said road to Puget's Sound, until bonds shall have been issued to the amount of twentyfive millions of dollars, when no more bonds shall be issued by the United States; but said company shall have the right to contract with the British government for a loan of money or bonds giving a mortgage lien to said British government for security, subject to the mortgage lien to the United states, but, with the exception to the United States and the British government, no mortgage or construction bonds shall ever in any way be put upon said road. Any vacancies in said board of commissioners, caused by death, resignation, or otherwise, shall be filled by the President of the United States.

"SEC. 19. And be it further enacted, That said company shall commence the work on said road within three years from the approval of this act by the President of the United States, and complete one hundred miles per year after the fourth year, and every provision, condition, limitation, or restriction in this act contained, shall be, and the same are hereby, applied to and imposed upon the company undertaking to build the Northern Pacific railroad from Lake Superior to Puget's Sound.

"SEC. 20. And be it further enacted, That whenever any railroad company embraced in this act shall, under the provisions thereof, be entitled to demand any installment of the bonds herein before mentioned, to be issued and delivered in aid of the construction of any or either of the lines of railway contemplated by this act, such railroad company, its associates, successors, or assigns shall, at the same time, as a security for the amount of such bonds and interest to accrue thereon, execute to the United States a mortgage on such portion of railway as shall from time to time be completed; on the completion of which all installments of bonds shall be due and demandable, covering the appurtenances, fixtures, rolling stock, motive power, and machinery, and telegraph line, which mortgage shall remain and continue a lien and charge thereon till the whole amount of bonds that shall be issued in aid of the construction of the entire line of such railroad shall be repaid, pursuant to the provisions of this act; and in case of the failure of any such railroad company, its associates, successors, or assigns, to complete the entire line of railroad and telegraph, the said mortgage shall contain a clause of forfeiture, right of foreclosure, or appropriation by the United States of the said property; which clause or condition, as to form and sufficiency, shall be approved by the Attorney General of the United States.

"SEC. 21. And be it further enacted, That no donation of lands nor appropriation or loan of bonds, for the objects and purposes specified in this act, shall be granted to any railroad corporation, its associates, uccessors, or assigns for or on account of any railroad or line of telegraph that has been or may hereafter be constructed, or in course of construction, by any other corporation or parties, in any State or Terri

tory, which shall form a portion of either line of railway or telegraph contemplated in this act.

"SEC. 22. And be it further enacted, That the acceptance of the terms, conditions, and impositions of this act by any railroad corporation, shall be signified in writing under the corporate seal of such corporation, duly executed pursuant to the direction of its board of directors, first had and obtained; which acceptance shall be made within eighteen months after the passage of this act, and not afterwards, and shall be served on the President of the United States, which notice shall state which of the three lines of railroad contemplated in this act such corporation undertakes to construct and maintain; and all acts of incorporation or other acts from any State or Territorial legislature, to carry out the provisions of this act, shall be submitted to Congress for approval before any lands or bonds shall be received by any of the companies undertaking to build the several lines of railway contemplated by this act,'

Yeas...

It was determined in the negative, {Nays..

On motion by Mr. Wilkinson,

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The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Anthony, Baker, Bingham, Chandler, Clark, Collamer, Durkee, Fessenden, Foot, Foster, Grimes, Gwin, Harlan, King, Morrill, Polk, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilson.

Those who voted in the negative are,

Messrs. Bigler, Bragg, Bright, Clingman, Crittenden, Dixon, Doolittle, Douglas, Green, Hemphill, Hunter, Johnson, of Tennessee, Lane, Latham, Nicholson, Pearce, Powell, Pugh, Rice, Saulsbury, Sebastian, Seward, Thomson, Wigfall, Wilkinson.

On motion by Mr. Wilson, to amend the bill by striking out in section 14, line 34, "thirty-six," and in lieu thereof inserting twentyfive.

On motion by Mr. Wilkinson,

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The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Anthony, Bingham, Chandler, Clark, Doolittle, Durkee, Fessenden, Foot, Grimes, Harlan, King, Morrill, Pugh, Rice, Siminons, Trumbull, Wade, Wilkinson, Wilson.

Those who voted in the negative are,

Messrs. Baker, Bigler, Bragg, Bright, Cameron, Clingman, Crittenden, Dixon, Douglas, Fitch, Foster, Green, Gwin, Hemphill, Hunter, Johnson, of Arkansas, Johnson, of Tennessee, Kennedy, Lane, Latham, Nicholson, Pearce, Polk, Powell, Sebastian, Seward, Thomson, Wigfall.

On motion by Mr. Bragg to amend the bill by striking out in section 3, lines 12 and 13, the words, "by services so rendered,"

It was determined in the negative, {Nays....

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On motion by Mr. Bragg,

The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Bragg, Clingman, Green, Hunter, Johnson, of Tennessee, Kennedy, Mason, Powell, Thomson.

Those who voted in the negative are,

Messrs. Anthony, Baker, Bigler, Bright, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Fessenden, Fitch, Foot, Foster, Grimes, Gwin, Hale, Harlan, Hemphill, Johnson, of Arkansas, Lane, Latham, Morrill, Nicholson, Polk, Rice, Saulsbury, Seward, Simmons, Sumner, Ten Eyck, Wade, Wigfall, Wilkinson, Wilson.

No further amendment being proposed, the bill was reported to the Senate; and the amendments made, as in Committee of the Whole, having been, in part, concurred in,

On the question to concur in the several amendments, made as in Committee of the Whole, inserting in the first section of the bill additional names as corporators,

It was determined in the affirmative.

On the question to concur in the following amendment, made as in Committee of the Whole, to wit: After the word "Missouri," in section 1, line 7, insert: at the mouth of the Kansas river, and proceeding thence up the valley of said river to the vicinity of Fort Riley; and after the word "river," in the 11th line of the same section, insert: at or near Fort Kearney.

It was determined in the affirmative.

On the question to concur in the following amendment, made as in Committee of the Whole, to wit: After the word "California," in the 15th line of section 1, insert: thence branching northward through the valleys of Sacramento and Rogue rivers, Umpqua and Williamette, to Portland, in Oregon; (and for the construction of this branch a grant of alternate sections of land for six miles on each side of said road is hereby made, to be selected, in odd numbers, from the nearest unoccupied and unappropriated agricultural lands,)

Yeas.

It was determined in the affirmative, Nays..

On motion by Mr. Lane,

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The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Baker, Bayard, Bragg, Bright, Clingman, Douglas, Fitch, Foot, Green, Gwin, Hemphill, Hunter, Johnson, of Arkansas, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Saulsbury, Sebastian, Thomson, Wigfall, Wilkinson.

Those who voted in the negative are,

Messrs. Anthony, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Durkee, Fessenden, Foster, Grimes, Hale, Harlan, King, Morrill, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilson.

On the question to concur in the following amendment, made as in Committee of the Whole, to wit: In section 2, line 104, after the word "constructed," insert: nor until said acts of incorporation shall have been submitted to and approved by the Congress of the United States:

And provided further, That under no circumstances shall the corporations, organized as aforesaid, exercise any banking powers, or issue any paper intended to be circulated as money.

On motion by Mr. Gwin, to amend the amendment, so that it will read: nor if said acts of incorporation shall be disapproved by the Congress of the United States, at its ensuing session: And provided further, That under no circumstances shall the corporations, organized as aforesaid, exercise any banking powers, or issue any paper intended to be circulated as money,

It was determined in the negative, {es...

On motion by Mr. Bragg,

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The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Baker, Cameron, Douglas, Fitch, Foot, Foster, Grimes, Gwin, Hemphill, Johnson, of Arkansas, Lane, Latham, Nicholson, Powell, Rice, Sebastian, Seward, Wigfall, Wilkinson.

Those who voted in the negative are,

Messrs. Anthony, Bayard, Bragg, Bright, Chandler, Clark, Clingman, Collamer, Dixon, Doolittle, Durkee, Fessenden, Green, King, Morrill, Polk, Pugh, Saulsbury, Simmons, Sumner, Ten Eyck, Thomson, Trumbull, Wade, Wilson.

So the amendment to the amendment was not agreed to.

On the question to concur in the amendment made as in Committee of the Whole.

It was determined in the affirmative.

On the question to concur in the following amendment, made as in Committee of the Whole, to wit: In section 4, line 47, after the words "United States," insert: and no mortgage or construction bonds shall ever be issued by said company on said road, or mortgage or lien made, in any way except to the United States,

After debate,

On motion by Mr. Fessenden, that the Senate adjourn.

It was determined in the affirmative, Nays..

On motion by Mr. Johnson, of Arkansas,

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The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Bayard, Bingham, Bragg, Cameron, Chandler, Clark, Clingman, Crittenden, Dixon, Durkee, Fessenden, Fitch, Foot, Grimes, Hunter, King, Mason, Morrill, Nicholson, Pugh, Saulsbury, Simmons, Sumner, Thomson, Wade, Wilkinson.

Those who voted in the negative are,

Messrs. Anthony, Baker, Bright, Doolittle, Douglas, Foster, Green, Gwin, Harlan, Hemphill, Johnson, of Arkansas, Johnson, of Tennessee, Lane, Latham, Polk, Powell, Rice, Sebastian, Seward, Ten Eyck, Trumbull, Wigfall, Wilson.

Whereupon,

The Senate adjourned.