NA, ENG 11/1/1862

Engineer Bureau
Richmond, Novb. 1st '62
 
Captain Geo. H. Hazlehurst
Corps of Engineers, Provisional Army, Macon, Geo.
 
Captain,
   Herewith I enclose an Act of Congress approved 19th April, 1862 authorizing the President "to aid or contract with the New Orleans & Texas Rail Road company, and the Texas & New Orleans Rail Road Company" on such conditions as he may think proper to insure a connection between New Iberia in the State of Louisiana and Houston in the State of Texas -- said connection being for Military purposes. Since the fall of the city of New Orleans a question has been raised as to the importance of building the extensions of the two rail roads as contemplated at the time the act was passed. It is reported to the War Department that the building of the section of road from the Sabine to Lake Authur -- about sixty miles in length -- would facilitate the transportation of Military supplies obtained in Texas and Mexico. viz: provisions, sulphur, Saltpetre, lead, arms, &c. because from that point the roads eastwards and northward pass over a higher and firmer country making transportation on common wagons practicable. With a view to a better understanding of the subject and to facilitate the construction of the section of roads named, should it be found important to the public interests the Secretary of War directs that you proceed without delay to such points in Texas as will enable you to get full information as to the advantages to result from the extension; the character of the roads from the proposed eastern terminus; the time that will be probably required to build the road; the source or sources from which the necessary rail road iron may be obtained; the possibility of guarding the road, when built, against attacks of the enemy operating along the coast and all other information bearing on the subject. You will forward or present copies of these, your instructions, to the commander of the Southern Military District in Texas and confer fully with in prosecuting the duties now assigned to you, also with the Agents of the two rail road companies interested. You will embrace in your investigations a careful consideration of any claim that may be presented by the Texas & New Orleans Rail Road Co. for aid to meet pecuniary obligations incurred on the faith of receiving the loan of Confederate Bonds, implied by the approval of the Act of April 19th, 1862.
   If the benefits to result from the proposed extension be such as to make it proper in your opinion to furnish the Bonds as authorized by law in aid of the construction needs your views are concurred in by the commander of the Southern Military District of Texas, you are hereby empowered on behalf of the Government to propose an agreement with the agents of the rail road companies interested, embracing the following terms and conditions. via:
1st. That the aid to be furnished by the Government shall be in the way of a loan, and that the loan shall be in Bonds of the Confederate States bearing interest at the rate of per centum per annum.
2nd. That a mortgage be given to the Government on the property of the Rail Road companies receiving the loan to secure repayment, with interest at the same rate as the Bonds.
3rd. The companies to complete the extension in ___ months from date of agreement, and in case of failure the Secretary of War to have the power to foreclose the mortgage and order the sale of the road to other parties.
4th. The preference in all transportation on the roads during the war to be reserved to the Government.
5th. The right to be secured to the Government of inspecting the progress of the work, its character, &c.
6th. That the Confederate Bonds constituting the loan be furnished in proportion to the progress of the work; that is to say: the War Department to have satisfactory evidence through the inspecting Engineer of proper accomplishments for a vigorous prosecution of the construction before advancing any part of the loan, and like evidence before making subsequent advances.
7th. The Bonds to bear interest from the date of delivery to the agent of the companies, and the interest to be paid to the Government on the amounts loaned to commenced at the same dates.
8th. The contract to be signed in quadruplicate -- two copies to be forwarded to this Office.
9th. The amounts loaned to be refunded in payments of from $50,000 to $100,000 per annum, beginning at the end of twelve months after the day named in the contract for the completion of the road extension.
10th. The contract not to be binding on the Government until approved by the Secretary of War.
   In the preparation of the contract you are authorized to employ, at a reasonable rate of compensation, a lawyer to ensure a proper form and expression of the conditions named. To save time the four copies of the contract should be completed and duly executed  by the parties -- while you are in the State of Texas -- to be made binding on the Government when approved by the Secretary of War in Richmond, Va.
   You will prepare a full report embodying the result of you examinations, the conclusion at which you may arrive and you recommendations, addressed to this Bureau for the information of the Hon. Secretary of War.
   Having completed the service now entrusted to you, you will repair without delay to Richmond and present to me in person your Report and the contract, if any be agreed upon, for the approval of the War Department.
Very Respectfully
Your obt. Servt.
J. F. Gilmer
Col. & Chief Engineer Bureau
 
Approved
Geo. A. Randolph
Secretary of War
 
PS
For your information I send herewith copies of letters from the following gentlemen -- viz: the Hon. Sec. of War, His Excellency the Govr. of Texas, Maj. Genl. Taylor, Brig. Genl. Hebert, and Col. D. Boaz 

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