Im. Legis. ) H. R. < 11th Assem. REPORT THE SELECT COMIVTITTEE PROPOSED CHANGE OF THE SOUTHERN TERMINATION THE CENTRAL RAILROAD; SUBMITTED TO THE HOUSE OF REPRESENTATIVES, JANUARY 28, 1839. VANDALIA: William Walters, Public Printw. 1839. - # SOUTHERN TERMINATION OF THE CENTRAL RAILROAD. January 28, 1839. Read, and laid on the table. Mr. CopiiAND, from the select committee to which the subject had been referred, made the following REPORT: The select committee to which was referred the petition of sundry inhabit- ants of this State, praying for an alteration in the southern termination of the Central railroad, and for a re-examination and locution of a route for the same, beg leave to report : \ That, in the opinion of this committee, the leading object of the sys- tem of internal improvements, as adopted by this State, was to increase the facilities for the transportation of all the products of the interior to such points on the navigable waters of the State as should afford either eligible marts for their sale and transfer, or proper facilities for forwarding them to their ultimate market. This system, the expense of whicli must be boine by all, should be carried out, honestly and faithfully, for the benefit of all so as to give, at the least expense, the greatest amount of public accommodation ; and so as to place, as nearly as practicable, the producers in the interior on an equal footing with those bordering upon navigable waters. In this system the Central railroad is first in importance. It com- mences within a few miles of the northern boundary of the State, where the severity of the winter months obstructs all the natural avenues to market, and terminates, at its extreme southern border, in a latitude so mild as to leave all commercial facilities, at all times, in vigorous and un- interrupted action. From the commencement of this road, at Galena, to the town of Van- dalia, its route conforms to the existing interests of the country; and, without regard to cheapness of construction or directness of line, it is made to turn aside to accommodate established local centres of trade and intercourse. From Vandalia to the site of the city of Cairo, near the confluence of the Ohio and Mississippi rivers, no intermediate point is designated by law; and, by the requirements of the internal improvement act, the road is directed to be constructed on the most direct and eligible route between those two points. This line, if a direct one, would pass eight miles west of Salem, in Marion county; eleven west of Mount Ver- non, in Jefferson county; twelve west of Frankfort, in Franklin county; and eleven west of Vienna, in Johnson county. All these towns are seats of justice for their respective counties, and these counties form a central tier, dividing the State, east and west of them, into two equal parts, hav- ing an equal extent of territory, and an equal number of counties on either side. It has been before remarked that, on all other parts of this road, and on all other lines of road within this State, material deviations from a straight line are directed to be made, v/ith the view of accommodating the improvements of the country, to the established centres of population and business wdthin the interior. In pursuance of this principle, the Alton and Mount Carmel railroad, in the section of country now "under consid- eration, is made to deviate, many miles, from the most direct and eligible route, in order to reach the towns of Albion, Fairfield, and Carlyle ; and the Shawneetown and Alton road is diverted from twelve to fifteen miles from its true course, for the sole purpose of reaching Pinckneyville, the seat of justice for Perry county. In declining, then, to fix intermediate points for the Cential railroad, between its southern termination and the town of Vandalia, it is presumed the Legislature believed a direct and eligible route between those points could be had; otherwise, it is not be- lieved by this committee that a departure from the principles adopted on all other routes, doing manifest injustice to a large portion of the State, would have been sanctioned. Whether such a route can be obtained, or not, this committee has no sufficient means of ascertaining, as no survey has been made of a line at all approximating to a direct one ; but your committee has ascertained that the line of road, as at present located, is very circuitous, and deviates further from a direct one than either of the intermediate points referred to. Between these two routes, there are some points of comparison deserv- ing attention. The line, as located, approaches the town of Jonesboro, in Union county; where, after traversing the country for more than thirty- three miles from its southern termination, it is only ten miles east of the Mississippi and more than forty west of the Ohio ; while the town of Vienna, in Johnson county, (a point in the proposed line nearly opposite,) is but two miles east of midway between these two rivers; and the town of Frankfort, in Franklin county, (also a point in the proposed line.) exactly divides the distance between them; while the located line oppo- site the town of Brownsville, in Jackson county, is less than twenty-four miles from the Mississippi, and more than sixty from the Ohio; and, for twenty miles, the route of the located line is but a few miles east oi, and nearly parallel, to that part of the Shawneetown and Alton railroad be- tween the towns of Pinckneyville and Nashville. Under these circumstances, your committee cannot perceive any suffi- cient reason why such intermediate towns, between Vandalia and the point of termination of the Central railroad, as can be reached without serious injury to the capacity of the road, or materially increasing its length, should not be subject to the general principles of the system, and be made points in the route of this improvement; more especially are they unable to see sufficient grounds to justify their exclusion, without examin- ation and survey, by the adoption of a line more indirect and less central than the one under consideration. They are, also, unable to appreciate a policy by which the State shall expend the resources of the whole people ill the construction of an improvement Avluch, for more than one hun- dred and fifty miles, by circuitous ami winding ways, avoids all the estab- lished points of intercourse of the country, reaches no town, and connects with no depots of trade and business — when, by a line nearly direct, it would assume a central position, and pass through and connect the seats of justice and commercial centres of iour important counties. The attention of your committc has also been given, with particular care, to the section of country in which the road is, b\' the present law, to terminate. They find that the whole country ai the confluence of the Ohio and Mississippi, and for several miles above, is composed of an allu- vial deposite from the waters of these streams, and, of necessity, easily alTected by their action ; and that, on the Mississippi side, the violence of that stream is making daily and rai)id encroachments upon all points left unprotected by timber. The danger from this source is so great as to cause the engineer of the road to express, in his report, the apprehension that its ravages will extend to the embankments of the road. In addi- tion to this, the whole country south of the mouth of Cache river is over- flowed, annually, from river to river. The height of these floods is vari- ous, sometimes covering the highest ground but two or three feet, but occasionally to the depth of eight and ten feet. In determining the capabilities of this section for either the termination of a railroad or a site for a town, there is neither security nor prudence in any views based upon an average height of waters. The maximum known height should be the governing consideration; and your commit- tee accordingly find that the engineer who had the determination of the proper elevation of the road has prudently fixed it from ten to twelve feet above the natural surface of the ground at its terminus ; and which, he says, is the most elevated point for the termination of the road within the site of the city of Cairo. But this elevation, though necessary for secu- rity, involves an inconvenience in its use, which will cost the State, in the arrangement of its depots and landings, an immense amount of money to remedy; and which will place the business of the road entirely beyond the ordinary means of individual enterprise. in selecting the proper point for the southern termination of this im- provement, regard should be had to the following considerations : 1st. That it should be accessible at all seasons of the year, and at all stages of water, to all classes of boats that are capable of reaching the mouth of the Ohio. 2d. That the geological formation of the country should be such as to insure the strongest probability that it will not be subject to considerable change from ordinary causes; and that its surface should be so elevated as to be at least above ordinary high water, or be capable of being conve- niently and economically made so by artificial means. 3d. That the surface of the road should nearly coincide with the sur- face of the ground; and that it should be of easy access, and capable of being connected with, by individuals, by depots and ware-houses, at mod- erate cost. 4th. That the grounds adjacent to the termination of the road, and the country in its immediate vicinity, should have as few natural obstacles in the way of its speedy and economical settlement and improvement as possible. 6 Your committee are are of the opinion tliat the site selected for the ter- mination of this road is deficient in most of these requisites; and that further examination should be had, for the purpose of ascertaining whether some point on the Ohio river, between its mouth and the Grand Chain, where the first obstructions in that river commence, cannot be selected presenting greater advantages than the present point of termination. Your committee would not express this opinion did they not believe that such examination would clearly prove that points do exist on the Ohio, between the Grand Chain and the present termination of the road, that possess every requisite enu- merated by them for a commercial depot ; and by the adoption of which, at least six miles of embankment, varying from eight feet to more than twenty in height, and exposed to the ravages of the river floods, together with an expensive bridge over Cache river, will be avoided: and that the completion of the improvement will be expedited, and a very large amount of money saved to the State. It appears, from the report of the Commissioner of the third judicial district, that the amount of money expended upon the Central railroad, within that district, was, at the time of making that report, less than forty thousand dollars. This sum though large in itself, is of trifling import- ance when compared with the additional accommodation given, by the proposed change, to an extensive section of the State; and is altogether of no consideration when contrasted with the diminished cost and increased advantages of a proper termination of the road. The confidence of your committee in the views here presented is strengthened by the opinions of the Board of Commissioners of Public Works, as expressed in their recent report to this body; in which they say that "it is believed that, in every instance, the lines may be improved, locations changed, and improvoments made in the construction, that may lessten the cost" of the works. Your committe, in conclusion, report that, in their opinion, the prayer of the petitioners is just and reasonable; and beg leave to introduce a bill directing a resurvey and location of all that part of the Central rail- road south of Vandalia. J. COPLAND. Chairman, REPORT OF THE MINORITY. January 28, 1839. Read, and laid on the table. Mr. Murphy, from the minority of the select committee to which the subject had been referred, made the following REPORT: The minority of tfie select committee to which wis referred the petition of certain inhabitants of this State praying for an alteration in the southern termination of the Central railroad^ and for a re-examina- tion and location of a route for the same, report : That the undersigned does not subscribe to the doctrine, industriously sought to be propagated by interested individuals, that great and impor- tant public works, determined on by one Legislature, should be subject to be changed by a succeeding one, except under circumstances of imperious necessity. The undersigned will, in all cases, require that proposed changes in any general law should be proved, beyond the possibility of cavil or doubt, to be decidedly more beneficial than one solemnly enacted, under which (and the faith of the State pledged therein) investments of capital may have been made to a large amount; and a change in which might eventuate in great individual' loss and embarrass- ment. It is a high and important object in legislation to preserve the national faith, and to redeem, to the letter, all promises expressed or implied in the law itself This, as a principle of legislative action, is far more worthy of preservation than the treasures of a nation. The princi- ple is the same in individual transactions; and he who shall violate it, to promote any end, is sure to meet with the scorn and contempt of every honorable mind. Of all the passions which exercise the greatest sway over man, self-interest is probably the strongest, the most easily excited, the most insatiable, and the promptings of which should be watched with the greatest jealousy. They who are actuated by it cannot make up an unbiassed decision upon the matter in issue ; nor can a mass of persons, however respectable they may be, having strong local interests — which is but an expansionof self interest — become a competent tribunal to decide upon the propriety, or the contrary, of a public measure materially atfecting those interests. Whatever representations persons thus situated may make should be received with many grains of allow- ance; and the public good would always require that they should receive a strict and searching examination. 8 The undersigned is led to these remarks from the fact that the petition- ers who have thus sought to disturb a system which has received the sanction of our predecessors, and of the people generally, irom their location, must be presumed to have personal interests which they believe will be promoted by the changes prayed for — otherwise, it is not to be supposed that they would make the effort. So far as they are directly concerned, the undersigned believes that they have no right to demand of the State any change in a system which is not local in its character, and in the harmony and advantages oi which the whole State has a great and abiding interest. He does not believe that the citizens of any one of the counties petitioning have such an interest in a system co-extensive with the entire State as to justify any change for their exclusive advan- tage and convenience. In all similar cases, it would be just to require that it should be demonstrated that a proposed change was demanded by great public considerations affecting the interests of the whole State, and not those small local interests only of a very inconsiderable part of it. The undersigned does not doubt that petitions could be obtained, and numerously signed, to change any given part of every railroad embraced in our system, notwithstanding experienced and competent engineers, sworn to discharge their duties honestly and faithfully, should determine, with reference to the great interests of the whole State, against its propriety. Although the most respectful attention should at all times be given to the requests of our citizens conveyed in the form of a petition or other- wise, no matter, numerically regarded, how inconsiderable they may be; still, when legislative action is desired, and great and important changes are insisted on by them, in any law of a general nature, it is then the duty of the Legislature to look beyond the citizens petiti,oning, and com- prehend within the scope of their vision the interest of the great mass, and deliberate long and carefully how the change may affect that mass. The greatest good of the greatest number is especially to be regarded. The rights of individuals also, who may have undertaken enterprises, and expended n^oney in faith of an existing law, and under its promises and inducements, should experience the protecting care of a just Legislature; and, if finally required to yield for the public good, the case must be strong and palpable in which the surrender will be demanded. These considerations led the undersigned to a particular examination of the objects sought to be attained by the petitioners — the points of difference between him and the majority of the committee, with whom he regrets to differ — and how, in his opinion, the great interests of the State will be affected injuriously by granting their prayer. It is known to all conversant with the proceedings of the last General Assembly, that there were many conflicting interests involved in the creation of the present system of internal improvements, all of which could not receive the favorable regard of that body. Some had to be passed over, others postponed, and some made prominent by receiving the most fovorable regard of the Legislature after a full, fair, and impartial examination of them all. Among the interests supposed to be the most concerned, were those existing on either side of the route of the Central railroad. A tier of counties through which the petitioners now propose to pass this raih'oad — their centres lying from ten to fourteen miles east of the meridian — presented their claims through their attentive representatives; whilst the tier west of that line were equally zealous in asserting theirs to be the route most proper for the road to occupy. They were all heard — their claims duly considered, the great interests of the State at large consulted, arid a determination made by law that this great artery of the system should commence at "Cairo city," and be constructed on the most direct and eligible route between that point and Vandalia. The site of Cairo city is in township seventeen south, range one, westot the third principal meridian ; and Vandalia in township six north, range one, east of the same line ; consequently, the mosi direct route would exhibit but little di- vergence either way from that line. The report of the Board of Public Works shows that an "eligible route" has been obtained between these points, the whole distance of which is 155 miles. Having no data to determine accurately the length of the line as pro- posed to be located by the petitioners, the undersigned can only approxi- mate to it from a general knowledge of the face of the country, which is hilly and occupied by many steep ridges and abrupt ravines, and the distances between the several towns specified in the petition, as deter- mined by the map. From these items of information, he believes a line cannot be had to pass the points indicated, of a shorter length than 165 miles, making a difference in expense of at least $80,000, in distance alone ; nor can the road be constructed at the same price, for the reason that the deep ravines and high ridges at the head of the South branch of Saline river, together with those at the heads of the several branches of Muddy river, would require a great outlay, if passed by a direct line ; or, if carried by a circuitous route, the cost of construction would be equally enhanced. Besides all, by pursuing that route the most direct line, as required by law, is not obtained, Cairo city being nearly on the meridian, Vandalia two miles east of it, and Vienna, Frankfort, and Mount Vernon each fourteen miles east, and Salem about ten. It will be observ'ed, also, that all the counties named in the petition are abundantly provided with facilities for transportation. Johnson, besides being washed by the Ohio, and having a coast on that stream throughout the whole extent of its southern border, has received from the State, for common roads and bridges, more than $5,000; Frankfort brought into immediate contact with that river by the Alton and Shawneetown road passing through it; Mount Vernon within twelve miles of the Central railroad as now located; and Marion penetrated by the Alton and Mount Carmel railroad, and by the Great Western mail route, both of which cross the Central railroad withhi twelve miles of Salem, its "commercial centre." It was designed by the Legislature, upon a principle of compromise, that no points should be named between Vandalia and Cairo city, leaving it entirely to sworn engineers, under the direction of an honest public officer, to select the most direct and eligible route. This route has been selected; purchases, at high prices, for farms have been made upon it, with an eye to the increased advantages that would flow to them from the construction of the road ; while, on the other hand, no investments 10 can have been made in either of the counties named, from the same con- sideration, the law nowhere encouraging the idea that a direct and eligible route would be changed forgone less so. No inducements have been held forth, b)?^ law, to any one of their citizens, no promises made, no guaran- ties given, that they should be any more benefitted by the system than is expressed in the law. It is true, as asserted by the majority of the committee, that on other lines of road, and north of Vandalia on the Central road, points of divergence have been established by law. Would they consider it just that those points should now be changed for no other reason than that ^a rival point or antagonist interest desires it? Would not all who have relied upon the law fixing those points have just reason to complain of violated faith; and would not that reputation we have always enjoyed, even in the most disastrous times, for our high sense of honor, be justly tarnished? Do the majority of the committee believe that the owners of property at any one of the points indicated in the act establishing the internal improvement system, on the routes of the several roads, would consent to ^'•bird lines''' from one terminus to the other, or that they would have advocated and sustained the system, with such a provision in the law? They cannot, nor can the undersigned, believe it; nor can he perceive any difference in principle, so far as results are concerned, between making a direct line, as the Central road is south of Vandalia, a circui- tous one, in the manner proposed by the petitioners, and making more direct other roads which have points of divergence established by law. Disappointment, disorder, a want of confidence, and great losses in either case would be the inevitable result. The State has already expended near $40,000, and made contracts binding on the State, according to the report of the Commissioner of the third judicial circuit, (which the under- signed has been permitted to examine,) amounting to $237,794, or there- abouts, for work doing and to be done at Cairo city, and on the first twenty-three miles of road. These sums amount, in the aggregate, to f 277,794. The same report informs the undersigned that a large force has been employed during the summer and fall, and is now employed, in performing the work on that part of the road, much to the satisfaction of the Commissioner and engineers, and is prosecuting it with all fidelity and despatch under efficient contractors. These persons have acquired a right to their contracts amounting to the aggregate sum above stated, and could justly complain of the State for any violation of them. It is not to be supposed, with a knowledge of these facts, that a Legislature, actuated by principles of justice, would do any act which would give to any of its citizens occasion to complain of it as having violated their rights and destroyed contracts entered into in good faith, and in a rapid course of completion. Further than this, the Commissioner, as appears by the same report, has obtained, on favorable terms, ten acres of land in the city tract for a depot for State use, the title to which is vested in the State. This land the undersigned believes, if the designs of the company who own the city shall be carried into effect, as declared ni their prospec- tus lately published in the "State Register," will, in the opinion of the undersigned, be worth to the State, at a reasonable estimate, !ii;200,000. This will also be lost should the State abandon their pledge. But the 11 majority of the committee insist that the site selected is not a proper one for a commercial mart. If so, then the land there owned by the State will be worth nothing. They quote a part of the report of the engineer of the road, expressing his apprehension that the ravages of the Missis- sippi will extend to the embankments of the road. The undersigned will refes to other parts of the same report on this subject., He says: "The law having confined the point of starting at Cairo city, there was but little range in the selection of a site for the depot. Several causes opera- ted in the selection of the present site. Its position is on the Ohio river, about three-fourths of a mile above its mouth. The river bank at this point is the highest of any throughout the extent of the city front. Its vicinity to the mouth will diminish materially the inconvenience in touch- ing at the port for vessels engaged in the Mississippi trade; whilst the gentleness of the current, and the unvarying depth of the water, at once makes it as good a harbor as can be desired. The Mississippi, on the contrary, from its impetuosity and the variableness of its channel, renders the permanency of a good harbor and landing very uncertain. It will, however, be a matter of future consideration whether a depot and landing place should not be constructed on the Mississippi bank, to be used when the stage of water will permit. "The reiteration of statements extremely disadvantageous to the posi- tion of the point required by law to be selected for this depot — vague and uncertain to some extent as they are, and originating perhaps in antago- nistical interest — although discredited by me, has had the effect to cause a very careful examination of the whole point. The result has been a thorough conviction that the State incurs no risk in completing her works. The earth is firm and dry, and fully capable of sustaining the weight of any mass of buildings which could be crowded thereon. During the highest water, there is very Httle current out of the channel of the river; and as the grade line is established at such elevation that it cannot be overtopped, there is no danger to be apprehended of the destruction of the embankment. There is but one source of danger — it is from the ravages of the Mississippi upon its banks, threatening to extend its in- roads as far as the embankments. That the bank has wasted to some extent is certain, but the river now shows a disposition to remain station- ary; and this, in that river, is generally followed by recession. In thfe event, however, of the wasting continuing, I am assured by Mr. D. B. Holbrook, the person most concerned in Cairo city, that immediate steps will be taken to curb it ; and the successful result of proper measures to effect this will not admit of doubt." The same engineer, further on in his report, uses this language: "The termination of the Central railroad is the most remarkable point in the west. It is undeniably the head of low-water navigation for vessels of large size. A series of shoals or bars commencing at Cache island, and extending at short intervals entirely up the Ohio river, prevents its navi- gation for long periods, at a time when the growing commerce of the west requires it should be in the best order. This, in future, will cause a selection of that route for transportation which can be confided in. The Mississippi always supplies that route to the mouth of the Ohio; and from thence advantage can be taken of our internal im provements for conveyance 12 to the interior, or the smaller boats can freight from thence for the upper rivers. The present situation of our commerce is too plainly seen, and too sensibly felt, to again admit of confidence in the Ohio and Mississippi rivers above their confluence. For the shipment of produce, this place has the advantage of any point above. The river below is seldom obstructed, when all the rivers above are too low for navigation,^ or blocked up with ice. From all these advantages, the interest is appa- rent which the State has in the proper ordering of this important point." The undersigned has extracted largely from the report of the chief en- gineer, for the purpose of destroying any erroneous impressions that may have been received from other quarters in regard to the importance of this site. He trusts that his opinions will be satisfactory and conclusive. In addition to them, the undersigned has seen and read the concluding remarks of other engineers employed to examine and report upon the capabilities of this same site for improvement. These engineers are the celebrated William Strickland and Richard C. Wright, of Pennsylvania. They say: "In conclusion, we cannot refrain or Avithhold our surprise that any doubts should have been entertained, or acted upon, with reference to the practicability of erecting a city at the confluence of these great navigable rivers. Topographically considered, the site is nearly in the centre of the United States. The textuie and solidity of the banks at the point are as firm and secure as any other positions for building, be- tween it and the rocky formations higher up the streams. It is the ver}' threshold of the most fertile regions of the west, surrounded by the best timber and bituminous coal; and from the construction of the great Cen- tral railroad, and the immense range of navigable rivers all centring at this point, it must, necessarily, have th^ exclusive advantage of becoming the great entrepot of all the agricultural and mineral wealth of this great em- pire of industry and enterprise. In short, there is not in any quarter of the globe a situation so commanding, and replete with every kind of produce and material, to promote the prosperity of the merchant, the skill of the mechanic, and the growth of a great city." These are the unbiassed opinions of distinguished and disinterested men, on which the undersigned reposes with confidence. He cannot, with all the light he has been enabled to obtain, believe that the interest of the State would, in any one particular, be promoted by granting the prayer of the petitioners. The undersigned would not consider he had discharged the duties his situation imposes upon him, did he close this report without adverting to other topics having a direct and important bearing, upon the pecuniary interests of the State, as connected with this subject. In addition to the fact that contractors who have made engagements with the State will, in the event of any change being made, sue for and recover damages, great delay and expense will be caused in the prosecu- tion of the works, as the laborers already collected will disperse to seek employment elsewhere. Six months, or nine, will be consumed in making surveys, attended with all the heavy expenses incident to that branch of the service; to which maybe added the increased expense of letting new contracts, which are by no means light or inconsiderable- 13 On ihe route as now located the right of way has already been obtain- ed, on the most favorable terms to the State, with the express understand- ing that the road should jiass over the land released ; in faith of which the timber has been cut off, excavations made, and other destruction of prop- erty to a great amount, which must be made up to the owners, if the route is abandoned, in money. The State has also purchased a considerable quanty of land on the present line, which is daily increasing in value, not only suitable for town sites, stations, and depots, but which contains beneath its surface inexhaustible beds of the best coal, building and lime- stone, convenient to the road, and which must become lucrative articles of commerce; the value of all which, by any change, will be materially lessened. All of which is respectfully submitted. R. G. MURPHY, of said committee. HE