HE. 2763 P2. ?3 ( O^/' err l (P ft CyL. DOC. No. 2. CONVENTION, MEMORIAL TO THE President of the United States, Heads of Departments, Senate and House of Representatives. SAN FRANCISCO : PRINTED AT THE ALTA JOB OFFICE, 124 SACRAMENTO ST. 1859. Bancroft Library BANCROFT LIBRARY MEMORIAL To the President of the United States, the Heads of Departments, and to the Senate and House of Representatives of the United States. The undersigned, the President and Members comprising the Pacific Railroad Convention, held in San Francisco, California, September A. D. 1859, have the honor to address you on behalf of the said Convention, and the People of the States of Califor- nia, Oregon, and the Territory of Washington, whom we rep- resent, on the subject of a Continental Railroad, from the Pa- cific to the Valley of the Mississippi. The Convention was called in pursuance of the following CONCURRENT RESOLUTIONS Of the Legislature of the State of California. Resolved, By the Assembly, the Senate concurring, that to promote the interest and insure the protection and security of the People of the State of California and Oregon, and the Ter- ritories of Washington and Arizona ; and especially to consid- er the refusal of Congress to take efficient measures for the construction of a Railroad from the Atlantic States to the Pa- cific, and to adopt measures whereby the building of said Rail- road can be accomplished, it is expedient that a Convention be held on the twentieth day of September, A. D. eighteen hun- dred and fifty-nine, at the City of San Francisco, in the State of California, composed of Delegates from the said States and Territories. Resolved, That the people of the several counties of the said States and Territories, are hereby especially requested to send to said Convention, Delegates equal to the number of the members of the Legislature of the said States and Territories, [ 4 ] to which they are entitled, to represent them in said Conven- tion. Resolved, That His Excellency, the Governor of this State, be requested to send copies of the foregoing Resolutions to the Governor of the State of Oregon and Territories of Washing- ton and Arizona, respectively. Passed, April 5th, 1856. Office of the Secretary of State, ) Sacramento, Cal, August 4. 1859 j" I, FERRIS FORMAN, Secretary of State of the State of California, do hereby certify that the foregoing is a full, true and correct copy of Concurrent Resolution No. 25, passed April 5th, 1859, now on file at my office. , • office in Sacramento, California, the 4th day of August, 1859. FERRIS FORMAN, Secretary of State. The Convention was numerously attended ; representing two of the sovereign States, and one of the great Territories of the General Government ; embracing the entire extent of United States territory on the Pacific Coast. The Convention continued its session through five days, carefully canvassing, in all its relations and bearings, the sub- ject of the Continental Railway, and reached its conclusions and adopted its measures with remarkable and most gratifying unanimity. As the result of the deliberations of that body, touching the subjects relating to Congressional action in behalf of the States and Territory bordering upon the Pacific, we are authorized respectfully to present to you the following statements and suggestions : California has been a sovereign State of the Union more than nine years. She has a population exceeding five hundred thousand — active, intelligent and loyal. For ten years, and without intermission, has her people con. tributed unprecedented sums to the gain and prosperity of the [ 5 ] nation. She possesses unrivalled mineral, agricultural and manufacturing resources, excellence of climate and commercial position. These, with her harbors, navigable bays and rivers, geogra- phical position, commercial relations, and intermediate station on the direct line of Asiatic and European trade, justly entitle the State and her people to a consideration from the General Government far greater than has been granted. Notwithstanding the abundance of her local resources, and the great advantage of her commercial position, the State has failed to make that progress in improvements, population and general development legitimately anticipated. The causes operating so unhappily to embarrass the due development of California, and tending so decisively to prevent the enterprise of the citizens of this coast from resulting in forms of progress equal to the superior local advantages enumerated, exist mainly, in the relation California, sustains to the Atlantic States. The States of California and Oregon, and the Territory of Washington, are the most distant and difficult of access of any over which the Government is pledged to exercise its protec- tion and fostering care. They are without the ordinary means of a healthy and natural growth. While the avenues of emi- gration are comparatively open, easy and safe to every other part of the Union, the route to its Pacific possessions, whether by land or sea, is constantly beset with every species of diffi- culty and danger. Our remote position and the difficulties encountered in travel, transit and general commerce, with the Eastern and more populous States of the Union, are sufficient to explain the slow degrees which have marked the progress and development of the Pacific Coast. There are other great difficulties with which these States have to contend, operating to prevent State aid of Railroad enterprise within their limits. fin the State of California, the revenue is unjustly and most unequally divided. Her taxable area of land does not exceed [ 6 1 one-ninth of the area of the State ; the remainder contributes nothing to the revenues of the State, because it is a part of the public domain, and therefore not subject to taxation. Three-fourths of the population of the State occupy what is denominated " the mining lands." These lands are. and have been to this time, acknowledged to be the property of the General Government. The State is called upon to exercise all its governmental functions over the people occupying said territory, without deriving revenue from the land so occupied^} Although this questiontof federal exercise of power, against the true interests of a sovereign State, is important, and claims early and serious consideration, we do not propose now to dis- cuss it further. ( Oregon and the Territory of Washington stand in a similar relation upon this important question^ It is referred to here for the purpose of explaining to the General Government a ^hardship which has seriously affected the progress and development of this State. It cannot be charged as the fault of the Pacific States, that their revenue is so unequally derived ; nor will the General Government be at loss to account for the present inability of these States, to aid the construction of expensive Railroad en- terprises, when they learn, what is the fact, that but an inconsid- erable part of the people of the State contribute to the support of the Government. The State of Oregon, although a young State, — inexperienced in the demands upon, and in the exercise of Sovereign power, already, wisely foresees her inability to construct, or to aid the construction of Railroads within her limits, without the help usually granted by the General Government. It will be observed, that the State of California, has an un- protected Coast line exceeding seven hundred miles. Oregon, five hundred miles, and the Territory of Washington, includ- ing the waters of Puget Sound, of one thousand miles. The people on this Coast, entertain very firm convictions, that their interests as well as the general security of the terri- m tory of the United States on this Coast, have been constantly overlooked. The States of California and Oregon, and Washington Ter- ritory, represent the intelligence and patriotism of every sec tion of the Union. They are national in sentiment, and in ac- tion ; and have no connection with the local difficulties which excite and tend to divide the Eastern States of our Union. While they claim to understand their duties, as consistent parts of the confederacy ; they also claim to be informed of their Sovereign rights, and believe them to be at least equal to those of other States, and entitled to respect and considera- tion. These States hold that they understand the objects and purposes of a federal compact : they believe that the principal purposes to be answered by union, are the common defense of its members ; — the preservation of the public peace (internally and externally) and the proper adjustment of differences arising between the several sovereignties. That for such purposes the States united in confering and centralizing power in the Federal Government ; and that if it be put to use, it is fit and proper, to be directed to any and every National exigency which may arise. The circumstances tending to endanger the safety and tran- quility of this portion of the Union, are too numerous to be herein specified ; and, if the power or influence of the Federal Government were not created, only, to be exercised upon the Eastern seaboard, it cannot be called upon to provide for the defense and protection of the States and Territories on this ~ BANCROFT LIBRARY Coast. yWhile yielding to no other portion of the Union, in the de- votion of its people to the General Government, the reflection may not be amiss, that there is growing up on this portion of the continent a new generation, bound by no ties of birth to the older States, and that, should their interests be neglected after the manner of the nine years past, there will naturally spring up a coldness and indifference, which it is the part of wisdom o avoid. [ M It is both unwise and impolitic on the part of the General Government, longer to delay a practical recognition of the claims of the States and Territory, on this Coast. In a nation- al, or any other point of view works which increase our means of defense, or which afford to us an independant, speedy, and reliable communication with the Eastern portion of the Union and the seat of the Central Government, are of paramount im- portance. The known policy of the Government, respecting foreign in- tervention in American affairs, although most cordially ap- proved by the people of this Coast, but adds to their liability to be involved in all the disasters of war, and that too, while it is utterly beyond the power of the Goverument to strike one effective blow in their defense, at the same time, also, the peo- ple on the whole frontier line of these States and Territory are exposed to forays and rapine, from numerous and powerful In- dian tribes. It is a true principle, never to be forgotteu by Statesmen ; that, while it is the duty of the citizen to obey the Govern, ment ; it is no less the duty of the Government to protect the citizens, and it is an admitted truism, that a free people will not long endure a Government which refuses to afford them that protection for which Governments were instituted. Addressing those who are presumed to survey the great in- terests of the Republic — who regard the common dictates of good faith, and who recognize the binding force and equal obli- gation which characterize our federal compact, we believe it will not be in vain to represent the condition of these sove- reignties, and demand that measure of relief which has been too long delayed. J The great project of constructing a trans-continental Rail way, answering the purpose of protection of this coast — of stimulating immigration — of securing a speedy settlement of the country lying between the Sierra Nevada and the Rocky Mountains— of developing our great resources — of putting our people in a line of success — of building up our commercial in [ 9 ] terests — of turning the commerce of Asia through the United States, and of realizing generally the benefits of uninterrupted, cheap and speedy communication with our sister States — we commend to your earnest consideration. This Convention and the people of this coast are united in a demand for a Railroad which shall be constructed from some point upon the western border of the Atlantic States, along what is known as the " Central Route," to some point on the frontier of California ; whence divergent lines can be run — one to the waters of Columbia River, or Puget Sound, of the north, and one to San Francisco, in the south. They are also united in demanding of the General Govern- ment a liberal donation of the public lands, by which they shall be enabled to aid the construction of the said branch lines of Railroad. It cannot be believed that Congress will refuse so simple an act of justice to these States, or will be so blind and unmind- ful of the interest and duty of the Government, as not to meet their expectation in this behalf, or that it will fail to extend to this coast the benefit and security of Railroad communication with the East. fit is a fact universally conceded, that an expenditure of one hundred million dollars in the construction of fortifications upon this coast, will not render it as secure against invasion as the construction of the Pacific Railroad. ,1 The celerity, too, (having a Continental Railway,) with which an army and its accompanying supplies would be trans- ferred across the continent, in any national exignecy requiring expeditious movement to this frontier, is worthy of great con- sideration at your hands. The completion of the Continental Railroad will be the nation's announcement of readiness to take part in the stirring events of the coming time. Its construction is practicable, necessary, and promising the greatest results. Once com- pleted, the States of the Union will realize ihe advantages re- sulting from the trade of nations passing over this great higl- [ io ] way. It will heal the political asperities which afflict the na- tion, hush the elements of discord and fanaticism which spread dismay over the country, and afford ready employment to a multitude who labor for their bread. It will lead to the estab- lishment of steamship communication between San Francisco and the ports of Japan and the Chinese Empire — inaugurate a new era in the commercial exchanges between these countries and our own — greatly benefit every interest of the North, South, East and West. It will rescue a hundred thousand leagues of land from desolation, and will people the same with millions of stout hearts and strong arms. Are not these, objects which should incite our representa- tives in Congress to the greatest effort ? Are they not advan- tages worthy of immediate and zealous consideration ? Are these not interests, so common to the Republic, that the South and the North, the East and the West, may unite in fraternal faith and patriotic purpose, to attain ? If, like Cassar, men would be read, to their great praise, let them favor a scheme which has for its object the benefit of this State, this coast, our territories intermediate, the whole Union, and the development of a great and glorious destiny. Let them give their adhesion to an enterprise which shall knit our several sovereignties, in amity so strong, that subtle, intrig- uing artifices, within, or foes and envious force, without, may never unravel the federal covenants we inherit. These grand results to the nation, and simple justice, to these distant sovereignties, bound to you by strong ties, may, in the estimation of the undersigned, be attained in the great- est degree by the favorable consideration of the Government, granted to the following propositions. First. — That the Government aid the construction of the Continental Railroad across the Territory of the United States, by the guaranty by the Government, of the payment of inter- est not exceeding five per centum per annum during twenty years, on the bonds which may be issued by the company con- [ 11 ] structing the said Road, representing a sum not exceeding the actual cost of the Road. Second. — That the Government grant liberally from the pub- lie lands of the Territory, over which the said Road shall pass ; to such Company or Companies, as shall construct the same from the Western Frontier of the Atlantic States, to the East- ern Frontier of the State of California. Third. — That in such grant of lands, the Government offer a bonus, conditional, to wit ; if the Company construct the said Road, and put the same in complete operation within five years from the date of the contract ; grant to the Company alternate sections thirty miles deep, on each side of the road — but if the Company occupy a longer period of time in its con struction, grant them only ten sections deep. These grants and these conditions, with the right of way, and such subsidies and transportation contracts, as the Gov- ernment can well give, will insure the speedy undertaking and completion of the work. Fourth — That the Government donate to the State of Cali- fornia, all the public lands within her limits, (excepting the mining lands,) also to repay to said State the sum of two million seven hundred and six thousand, five hundred and twelve dol- lars, claimed to be legally due said State, having been collec- ted, as Customs, at the port of San Francisco, between the dates of August Gth, A. D. 1848, and September 9th, A. D. 1850 ; these lands and this sum, to be placed to the credit of " State Railroad Fund," and used as the Legislature of the State may direct in aid of the construction of that portion of the Pacific Railaoad. which shall run from San Francisco, to connect with the Grand Trunk Road authorized by Govern- ment to be constructed to the Eastern Frontier of the State. Fifth. — That the Government grant like, and similar aid to the State of Oregon, and to Washington Territory ; whereby they may be enabled to construct a line of Railway to inter- [ 12 ] cept the Grand Trunk Road of the as shall be practicable at or near th fornia. 1 JOHN BIDWELL Government at such a point e Eastern Frontier of Cali- President. THOMAS J. DRYER, THOS. A. SAVIER, A. B. HALLOCK, J. RAMSDELL, NATH'IT HOLLAND, LOUIS R. LULL, W. S. WATSON, WM. H. DALRYMPLE, JOSEPH LEYINSON, THOMAS BAKER, RICH'D P. HAMMOND, GEO. W. CRANE, Z. MONTGOMERY, JNO. GILLIG, H. MILLS, J. A. TAYLOR, F. S. BALCH, J. A. AMERMAN, GROYE K. GODFREY, HENRY S. FITCH, T. DAME, JAS. C. COBB, HORACE AUSTIN, R. J. LATZ, J. S. ORMSBY, J. H. CAROTHERS, J. G. McCALLUM, BENJ. R. NICKERSON, DAN'L S. HOWARD, S. D. MASTICK, M. H. FARLEY, THEO. D. JUDAH, * J. B. CROCKETT, S. M. MEZES, JOS. C. McKlBBIN, J. W. OSBORN, WM. H. RHODES, ED. M. HALL, E. K. VANDECAR, ALEX. P. ANKENY, W. B. FAR WELL, G. M. HANSON, E. S. HOLDEN, J. S. TITUS, .. 11. C. GERE, HENRY GERKE, T. W. LANDER, E. BURKE, R. S. MILLER, PHIL. W T ASSERMAN, W. S. SHERWOOD, LAFAYETTE BALCH, R. MATHESON, WM. BLACKBURN, EUGENE CROWELL, IRA P. RANKIN, HENRY M. HALE, D. 0. MILLS, H. G. WORTHINGTON, LEVI PARSONS, LEWIS M. STARR, FRANCIS B. CAMP, [ 13 ] F. A. BEE, J. A. McDOUGALL, L. ARCHER, WM. J. LEWIS, T. B. WADE, J. F. FARLEY, R. W. RUSSELL, T. ROBERTSON, THOS. H. PEARNE, MARCUS KIMBALL, E. LANDER, seth luelling, b. s. lippencott, e. McCarthy, A. MEEK, JAMES MICHEAL, G. M. HANSOM, A. C. HINKSON, L. HITE, M. HIRSH, S. J. AXTELL, JOHN H. ATCHINSON, G. BAECHTELL, W. T. BARBOUR, A. T. BAILEY, J. M. BLOSSOM, R. HALE, F. A. BISHOP, THOMAS J. ARNOLD, E. A. ROCKWELL, DANIEL GIBB, R. H. MITCHELL, W. W. PORTER, GEO. W. PRESCOTT W. H. RECTOR, CHESTER N. TERRY, F. HOOKER W. A. HOUSEL, C. P. JACKSON, ED. JANSSEN, E. JOYNT, J. KAMP, J. B. KNAPP, JOHN CONNESS, J. H. CUTTER, V. B. DAUB, A. D. ELLIS, GEORGE FLAYEL, F. FORD, E. S. GILLESPIE, ^ A. B. GOVE, L. C. GRAY, J. E. HALE, L. A. BOOTH, CITY OF SAN FRANCISCO, ) October 10, 1859. j I, WILLIAM RABE, Secretary of the Pacific Railroad Convention, do hereby certify that the foregoing is a full, true and exact copy of the Memorial No 2, ordered on file among the documents of the Convention. WILLIAM RABE, Secretary Pacific R. R. Convention. . i