viction of the same such person or persons so found guilty shall be fined not less than ten thousand nor more than fifty thousand dollars, and shall in addition be sentenced to imprisonment for not less than three nor more than ten years, and be disqualified from holding any office of honor, trust, or profit under the United States; and the court, in its discretion, may direct such person or persons so convicted to be imprisoned until such fine and costs be paid; and a lien is hereby declared in favor of the United States on all the real property of any commissioner so convicted from the day of the date of the return of the indictment into court. SEC. 14. That in addition to the other duties of said board of railroad commissioners, they shall open and keep, in the Department of the Interior, a bureau of railway statistics, and in this capacity they shall gather, collate, and annually report to Congress statistics and facts relating to commerce among the several States by railroad; to the railroad systems of this and other countries; to the construction and operation of railroads; and to the actual cost of such construction and operation, as well as to the actual cost of transportation of freight and passengers by railroad, and the profits realized by carriers. And they shall also inquire, and from time to time report to Congress, what, if any, further legislation by Congress is necessary for the just and reasonable regulation of such commerce, or for defining the rights and duties of persons engaged as common carriers on lines extending from State to State, for securing the safety and convenience of persons traveling thereby, or for the protection of immigrants traveling upon such lines. And for these purposes they shall have power to require returns to be made to them by all railroad companies, and by all persons and companies engaged in transportation by railroad. They shall also have power, through the Department of State or otherwise, to procure careful and authentic reports upon the railroad systems in use in foreign countries. And in prosecuting their investigations under this section, they shall have all the powers in relation to obtaining evidence and examining witnesses which are conferred by section five of this act. And if any railroad company or person, being required and notified by said board to make return to them of any facts, or to answer any interrogatories concerning any of the matters about which said board is authorized to inquire, shall fail or refuse so to do for ninety days after the time fixed by said board for making such return, they shall forfeit and pay to the United States a penalty of not less than five thousand dollars for each offense, to be sued for and recovered as is herein before provided in relation to other penalties. at a terminus of such road, shall be subject to the same penalty as that provided in cases of extortion under this act; and such penalty shall be enforced in the same manner as in such cases of extortion; and the party injured by any such unjust discrimination shall have his action for damages in the same manner as in cases of extortion. March 26-The bill was read a third time, and passed-yeas 121, nays 115: YEAS-Messrs. Averill, Barrere, Barry. Begole, Bundy, Burchard, Burrows, B. F. Butler, Cain, Cannon, Cason, A. Clark, Clayton, Clements, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Crounse, Crutchfield, Curtis, Danford, Darrall, Dawes, Donnan, Dunnell, Elliott, Field, Fort, C. Foster, Freeman, Frye, Garfield, Gunckel, Hagans, E. Hale, Havens, J. B. Hawley, Hays, G. W. Hazelton, J. W. Hazelton, G. F. Hoar, Hodges, Holman, Hoskins, Howe, Hubbell, Hunter, Hurlbut, Hyde, HYNES, Kasson, Kendall, Lamport, Lawrence, B. Lewis, Loughridge, Lowe, Luttrell, J. R. Lynch, Martin, McCrary, A. S. McDill, J. W. McDill, MacDougall, McKee, McNulta, Monroe, Nunn, Orr, Orth, Packard, Page, I. C. Parker, Pelham, Phillips, Poland, Pratt, Purman, Rainey, Ransier, Rapier, Ray, Richmond, Robbins, E. H. Roberts, J. W. Robinson, Ross, Rusk, Sawyer, H. B. Sayler, Scofield, Sessions, Shanks, Sheats, Sheldon, I. R. Sherwood, L. D. Shoemaker, Smart, H. B. Smith, J. Q. Smith, W. A. Smith, Snyder, Sprague, Starkweather, Strait, Taylor, Thornburgh, Todd, Tyner, Wallace, Walls, Whiteley, C. G. Williams, Williams of Indiana, W. B. Williams, J. Wilson, J. M. Wilson, Wolfe, Woodworth-121. NAYS-Messrs. Adams, Albert, Archer, Arthur, Ashe, Atkins, BANNING, Barber, Barnum, Bass, J. B. Beck, H. P. Bell, Berry, Biery, Bland, Blount, Bowen, Bradley, Bright, BROMBERG, Buckner, Buffinton, J. H. Caldwell, Cessna, J. B. Clark, Clymer, Comingo, Cook, Cox, Crooke, Crossland, De Witt, Durham, Eames, Eldredge, Giddings, Glover, Gooch, Hamilton, Hancock, Harmer, B. W. Harris, H. R. Harris, J. T. Harris, Harrison, Hatcher, J. R. Hawley, Hereford, Herndon, E. R. Hoar, Hooper, Houghton, Hunton, Jewett, Kelley, Kellogg, Knapp, Lamar, Lansing, Lawson, Lowndes, Magee, Marshall, Merriam, Milliken, Mills, Mitchell, W. S. Moore, L. Myers, Neal, Negley, Nesmith, W. E. Niblack, Niles, O'Brien, O'Neill, H. W. Parker, Parsons, Pendleton, E. Perry, Phelps, Pike, Potter, Randall, Read, W. R. Roberts, J. C. Robinson, M. Sayler, H. J. Scudder, I. W. Scudder, Sener, Sloss, A. H. Smith, Southard, Speer, Standeford, Stone, Storm, W. Townsend, Tremain, Vance, Waldron, J. D. Ward, M. L. Ward, Wheeler, Whitehead, WHITEHOUSE, Whitthorne, C. W. Willard, G. Willard, Willie, E. K. Wilson, Wood, J. D. Young, P. M. B. Young [No action was taken in the Senate upon it.] SEC. 15. That all unjust discrimination in the matter of charges for carrying freight or passen--115. gers over or upon any such line of railroad as is herein described is hereby prohibited; and any corporation, company, or person engaged in operating any such line of railroad who shall be guilty of any such unjust discrimination in making or collecting such charges, in favor of or against any person, firm, or company, or in favor of or against any particular place on the line or IN SENATE. June 20-The river and harbor bill being up, Mr. WINDOM offered the following amendment: For surveys and estimates for the improve ments recommended by the Senate Select Committee on Transportation Routes to the Sea-board, upon the four routes indicated in the report of said committee, and also upon a route from the mouth of the Youghiogheny river, to continue the slack-water navigation up said river to its head waters at the foot of the Alleghany mountains, thence by canal to Cumberland, intersecting there the Chesapeake and Ohio Canal, $200,000, or so much thereof as may be necessary, to be expended under the direction of the Secretary of War, in such manner as in his judgment will secure the greatest amount of exact information for each of said routes; Which was agreed to-yeas 39, nays 12: YEAS-Messrs. Alcorn, Allison, Bogy, Boreman, Boutwell, Buckingham, Carpenter, Clayton, Conover, Davis, Edmunds, FENTON, Ferry of Michigan, Flanagan, Frelinghuysen, Goldthwaite, Gordon, Hager, Hamlin, Harvey, Johnston, Kelly, Mitchell, Morrill of Vermont, Norwood, Ogles by, J.J. Patterson, Pease, Pratt, Ramsey, Sargent, SCHURZ, Scott, Sherman, Spencer, Stevenson, Stewart, West, Windom-39. NAYS-Messrs. Bayard, Cooper, Dennis, Hamilton of Maryland, HAMILTON of Texas, McCreery, Merrimon, Robertson, Saulsbury, Sprague, Wadleigh, Washburn-12. IN HOUSE. June 22-The House having disagreed, pro forma, to all the Senate amendments to the river and harbor bill, it went to a committee of conference, whose report-which recommended concurrence in the WINDOM amendment, given abovewas concurred in by both Houses without a di vision. Resolutions. IN HOUSE. 1874, February 9-Mr. J. Q. SMITH moved that the rules be suspended and the following preamble and resolution adopted: YEAS-Messrs. Albright, Atkins, Averill, BANNING, Barber, Barrere, Begole, Biery, Bland, Bradley, Buffinton, Bundy, Burchard, Burleigh, Burrows, B. F. Butler, Cannon, Cason, Cessna, A. Clark, Clayton, Clements, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Crounse, Crutchfield, Curtis, Danford, Darrall, Dawes, Dobbins, Donnan, Duell, Dunnell, Eames, Farwell, Field, Fort, C. Foster, Freeman, Frye, Garfield, Gooch, Gunckel, Hagans, E. Hale, R. S. Hale, Harmer, B. W. Harris, Harrison, Hatcher, Hathorn, Havens, J. B. Hawley, J. R. Hawley, Hays, G. W. Hazelton, Hendee, G. F. Hoar, Holman, Hoskins, Houghton, Howe, Hubbell, Hunter, Hurlbut, Hyde, HYNES, Kasson, Kendall, Killinger, Knapp, Lamport, Lawrence, Lawson, Leach, B. Lewis, Loughridge, Lowe, Lowndes, Luttrell, J. R. Lynch, Martin, Maynard, McCrary, A. S. McDill, J. W. McDill, MacDougall, McJunkin, McLean, McNulta, Mellish, Merriam, Monroe, Morey, Nunn, Orr, Packard, Packer, Page, H. W. Parker, I. C. Parker, Parsons, Pendleton, Phillips, Pike, J. H. Platt, T. C. Platt, Poland, Pratt, Ransier, Rapier, Ray, J. B. Rice, Richmond, Robbins, E. H. Roberts, J. W. Robinson, Ross, Rusk, Sawyer, H. B. Sayler, Scofield, Sener, Sessions, Shanks, Sheats, Sheldon, I. R. Sherwood, L. D. Shoemaker, Small, A. H. Smith, G. L. Smith, H. B. Smith, J. A. Smith, J. Q. Smith, Snyder, Sprague, Stanard, Starkweather, St. John, Stone, Stowell, Strait, Strawbridge, Sypher, C. R. Thomas, Thornburgh, Tremain, Tyner, Vance, Wallace, Walls, J. D. Ward, M. L. Ward, Wheeler, White, Whiteley, Wilber, G. Willard, C. G. Williams, J. M. S. Williams, Williams of Indiana, W. B. Williams, J. Wilson, J. M. Wilson, Wolfe, Woodford, Woodworth-172. NAYS-Messrs. Adams, Albert, Arthur, Ashe, Barnum, J. B. Beck, H. P. Bell, Blount, Bowen, BROMBERG, Brown, Buckner, J. H. Caldwell, J. B. Clark, Comingo, Cox, Crittenden, Crossland, Whereas the Constitution of the United States A. M. Davis, De Witt, Durham, Eden, Eldredge, provides in express terms that Congress shall have Glover, Hamilton, Hancock, H. R. Harris, Herepower to regulate commerce with foreign nations, ford, Herndon, E. R. Hoar, Hooper, Hunton, and among the several States, and with the In-Lamar, Lofland, Magee, Milliken, Mills, Neal, dian tribes; and whereas this provision of the Constitution imposes upon Congress powers and duties of such high moment to the common commercial interests of the people of these States as the citizens of one nation, as to have been a leading cause for the formation of the Union itself: therefore, W. E. Niblack, O'Brien, E. Perry, Phelps, Pierce, 1874, April 20-Mr. P. M. YOUNG moved to suspend the rules and adopt the following reso Whereas the great need of this country is some well-devised and sure system of cheap transportation by water, which will give not only outlets from the interior of the country to the sea, but the means of a free interchange of products between the States, a system which is needed by the whole country, and has been demanded by the people of all sections: therefore, Be it resolved by the House of Representatives, That, in the judgment of this House, it is within the constitutional power of Congress by law solution: to regulate commerce among these States as to protect that portion of our internal commerce which is among the several States from all unjust or oppressive tolls, taxations, obstructions, or other burdens, whether imposed by railroad companies or by combinations thereof, or by other common carriers, when engaged as the instruments of such portion of the commerce of the people; that the present condition and magnitude of the commerce among the States are such as to demand the prompt and wise exercise of the power and duty declared in this resolution. The rules were then suspended and the preamble and resolution adopted-yeas 172, nays 64: Be it resolved, That the Committee on Railways and Canals be instructed to prepare and report a bill for the opening up and improvement of the great natural water highways of the country and their connection by such artificial channels as will give to our people the cheap transportation which they demand; and that the 14th day of May be set apart for the considera- | transportation, and the constitutional power of tion of this subject, to the exclusion of all other Congress to regulate commerce among the several business and orders, and each day thereafter States-proceed to show that there are four until it be disposed of. methods by which, in their opinion, the transportation problem may be solved, to wit: 1. By competition between railways, and its promotion by the construction of additional lines. 2. By direct congressional regulation. Mr. YOUNG subsequently modified the resolution so as to except from such exclusion all previous orders, appropriation bills, and reports from the Committees of Ways and Means and on Elections. The House refused to suspend the rules (twothirds not voting in the affirmative)-yeas 130, nays 74: 3. By indirect regulation and reduction of charges, through the agency of one or more railway lines to be owned or controlled by the General Government. 4. By the improvement of natural and the construction of artificial waterways. Of these four methods, the last named alone appears to have met with the unanimous approbation of the Senate Select Committee. Follow SUMMARY OF CONCLUSIONS AND RECOMMENDA TIONS. Firstly. One of the most important problems demanding solution at the hands of the American statesman, is by what means shall cheap and ample facilities be provided for the interchange of commodities between the different sections of our widely extended country. YEAS-Messrs. Adams, Archer, Arthur, Aver- Secondly. In the selection of means for the accomplishment of this object, Congress may, in its discretion and under its responsibility to the people, prescribe the rules and regulations by which the instruments, vehicles, and agencies employed in transporting persons or commodities from one State into or through another shall be governed, whether such transportation be by land or by water. Thirdly. The power "to regulate commerce" includes the power to aid and facilitate it by the employment of such as may be appropriate and plainly adapted to that end; and hence Congress may, in its discretion, improve, or create, channels of commerce on land, or by water. length in this report, it is seriously doubted if facilities, sufficiently cheap and ample to meet the just and reasonable requirements of commerce, can ever be obtained by this method. NAYS-Messrs. Albert, Albright, Barber, Biery, Buffinton, Burchard, Burleigh, Cain, Clayton, Cox, Crooke, Curtis, Danford, Darrall, De Witt, Fourthly. A remedy for some of the defects Duell, Eames, Elliott, Frye, Garfield, Gooch, and abuses which prevail under existing systems Gunckel, E. Hale, R. S. Hale, Harmer, B. W. of transportation may be provided by direct conHarris, Hathorn, J. R. Hawley, G. W. Hazelton,gressional regulation, but for reasons, stated at J. W. Hazelton, E. R. Hoar, G. F. Hoar, Holman, Houghton, Hunter, Kasson, Kellogg, Killinger, Lansing, Lawrence, Lawson, J. R. Lynch, McCrary, A. S. McDill, Merriam, Monroe, O'Brien, Orr, Packer, H. W. Parker, Phelps, Pierce, Poland, Rainey, Rapier, J. B. Rice, E. H. Roberts, J. W. Robinson, Rusk, Sawyer, Sessions, L. D. Shoemaker, Smart, A. H. Smith, H. B. Smith, J. Q. Smith, Sprague, Starkweather, Tremain, Waldron, M. L. Ward, Wheeler, Whitthorne, C. W. Willard-74. Fifthly. Whatever may be the limit of the power of Congress over interstate commerce, it is believed that the attempt to regulate the busi ness of transportation by general congressional enactments establishing rates and fares on 1,300 railways, aggregating nearly one-half the railway mileage of the world, and embracing an almost infinite variety of circumstances and information than is now in the possession of conditions, requires more definite and detailed Congress or of your committee. Believing that any ill-advised measures, in this direction, would tend to postpone indefinitely the attainment of the desired object-cheap transportation-the committee deem it expedient to contine their recommendations, in this regard, to such measures only as may be enacted with entire safety, reserving other matters of legislation for further inquiry and consideration. They therefore recommend for present action the following: 1. That all railway companies, freight lines, | under oath of the proper officer of such comand other persons, or organizations of common pany, at least once each year, which report carriers, engaged in transporting passengers or should embrace, among other facts, the followfreights from one State into or through another, ing, namely: 1st. The rates and fares charged be required, under proper penalties, to make from all points of shipment on its line in one publication at every point of shipment from one State to all points of destination in another State to another, of their rates and fares, em- State, including classifications and distances, and bracing all the particulars regarding distance, all drawbacks, deductions, and discriminations; classifications, rates, special tariffs, drawbacks, 2d. A full and detailed statement of receipts and &c., and that they be prohibited from increasing expenditures, including the compensation paid such rates above the limit named in the publi- to officers, agents, and employees of the comcation, without reasonable notice to the public, pany; 3d. The amount of stock and bonds isto be prescribed by law. sued, the price at which they were sold, and the disposition made of the funds received from such sale; 4th. The amount and value of commodities transported during the year, as nearly as the same can be ascertained, together with such other facts as may be required by the head of such bureau, under the authority of law. 2. That combinations and consolidations with parallel or competing lines are evils of such magnitude as to demand prompt and vigorous measures for their prevention. 3. That all railway companies, freight lines, and other organizations of common carriers, employed in transporting grain from one State into or through another, should be required, under proper regulations and penalties, to be provided by law, to receipt for quantity and to deliver the same at its destination. 4. That all railway companies and freight organizations, receiving freights in one State to be delivered in another, and whose lines touch at any river or lake port, be prohibited from charging more to or from such port than for any greater distance on the same line.* 5. Stock-inflations, generally known as "stockwaterings," are wholly indefensible; but the remedy for this evil seems to fall peculiarly within the province of the States who have created the corporations from which such practices proceed. The evil is believed to be of such magnitude as to require prompt and efficient State action for its prevention, and to justify any measures that may be proper and within the range of national authority. 6. It is believed by the committee that great good would result from the passage of State laws prohibiting officers of railway companies from owning or holding, directly or indirectly, any interest in any "non-co-operative freight line" or car company, operated upon the railroad with which they are connected in such official capacity. 7. For the purpose of procuring and laying before Congress and the country such complete and reliable information concerning the business of transportation and the wants of commerce, as will enable Congress to legislate intelligently upon the subject, it is recommended that a Bureau of Commerce, in one of the Executive Departments of the Government, be charged with the duty of collecting and reporting to Congress information concerning our internal trade and commerce; and be clothed with authority of law, under regulations to be prescribed by the head of such Department, to require each and every railway and other transportation company engaged in inter-State transportation to make a report, * This provision, it is believed, will prevent the discriminations now practiced against such ports, and will enable States which are separated from waterlines by intervening States to reach such lines at reasonable cost. Congress has no power to regulate commerce wholly within a State, and hence States bordering upon such water-lines will regulate the rates to ports within their own territory. Sixth. Though the existence of the Federal power to regulate commerce to the extent maintained in this report is believed to be essential to the maintenance of perfect equality among the States as to commercial rights; to the prevention of unjust and invidious distinctions which local jealousies or interests might be disposed to introduce; to the proper restraints of consolidated corporate power, and to the correction of many of its existing evils, yet your committee are unanimously of the opinion that the problem of cheap transportation is to be solved through competition, as hereinafter stated, rather than by direct congressional regulation of existing lines. Seventh. Competition, which is to secure and maintain cheap transportation, must embrace two essential conditions: 1st. It must be controlled by a power with which combination will be impossible; 2d. It must operate through cheaper and more ample channels of commerce than are now provided. Eighth. Railway competition, when regulated by its own laws, will not effect the object; because it exists only to a very limited extent in certain localities; it is always unreliable and inefficient; and it invariably ends in combination. Hence, additional railway lines, under the control of private corporations, will afford no substantial relief, because self-interest will inevitably lead them into combination with existing lines. Ninth. The only means of securing and maintaining reliable and effective competition between railways is through national or State ownership, or control, of one or more lines, which, being unable to enter into combinations, will serve as regulators of other lines. Tenth. One or more double-track freight railways, honestly and thoroughly constructed, owned or controlled by the Government, and operated at a low rate of speed, would doubtless be able to carry at much less cost than can be done under the present system of operating fast and slow trains on the same road; and, being incapable of entering into combinations, would no doubt serve as a very valuable regulator of all existing railroads within the range of their influence. Eleventh. The uniform testimony deduced from practical results in this country, and throughout the commercial world is, that water-routes, when | shortest and cheapest connection between the properly located, not only afford the cheapest centers of wheat production and the eastern and best-known means of transport for all heavy, markets, and a continuous water channel from bulky, and cheap commodities, but that they are all points on the Mississippi river and its tribualso the natural competitors, and most effective taries to the Atlantic Ocean. Estimated cost, regulators of railway transportation. $3,000,000. Twelfth. The above facts and conclusions, together with the remarkable physical adaptation of our country for cheap and ample water communications, point unerringly to the improvement of our great natural water-ways, and their connection by canals, or by short freight railway portages under control of the Government, as the obvious and certain solution of the problem of cheap transportation. Thirteenth. After a most careful consideration of the merits of various proposed improvements, taking into account the cost, practicability, and probable advantages of each, the committee have come to the unanimous conclusion that the following are the most feasible and advantageous channels of commerce to be created or improved by the National Government in case Congress shall act upon this subject, viz: 1st. The Mississippi river. 2d. A continuous water-line of adequate capacity from the Mississippi river to the city of New York, via the northern lakes. 3d. A route adequate to the wants of commerce, through the central tier of States, from the Mississippi river, via the Ohio and Kanawha rivers, to a point in West Virginia, and thence by canal and slack-water, or by a freight railway, to tide-water, in Virginia. 4th. A route from the Mississippi river, via the Ohio and Tennessee rivers, to a point in Alabama or Tennessee, and thence by canal and slack-water, or by a freight railway, to the ocean. In the discussion of these four existing and proposed channels of commerce, we shall, for the sake of brevity, designate them respectively the "Mississippi route," Northern route," "Central route," and "Southern route." 79 66 THE MISSISSIPPI ROUTE. The improvements necessary on the Mississippi route are, 1. The opening of the mouth of the river, so as to permit the free passage of vessels drawing 28 feet-estimated cost, $10,000,000. 2. The construction of reservoirs at the sources of the river (if, upon a careful survey, they shall be deemed practicable)—estimated cost, $114,000. 3. Improvements, upon a system to be provided by the War Department, at all intermediate points, so as to give from 3 to 5 feet navigation above the Falls of Saint Anthony; from 4 to 6 feet from that point to Saint Louis; and from 8 to 10 feet from Saint Louis to New Orleans, at the lowest stages of water-estimated cost, $5,000,000. The total cost of the Mississippi improvements, may, we think, be safely estimated at $16,000,000. THE NORTHERN ROUTE. The improvements suggested on this route are, 1st. The Fox and Wisconsin rivers improvement, by which 5 feet of navigation will be secured, during the entire season, from the Mississippi river to Green Bay, thereby affording the 2d. The construction of the Hennepin Canal (65 miles long) from a point on the Mississippi river, near Rock Island, to the Illinois river at Hennepin, thereby affording the shortest and cheapest route from the largest areas of greatest corn production to the east, and a connection by water between the river system of the West, the northern lakes, and the Atlantic Ocean. Estimated cost, $4,000,000. 3d. The enlargement and improvement, with the concurrence of the State of New York, of one or more of the three water routes from the lakes to New York city namely: the Erie Canal from Buffalo to Albany; the Oneida Lake Canal from Oswego to Albany; or the Champlain Canal from Lake Champlain to deep water on the Hudson river, including such connection as may be effected between Lake Champlain and the Saint Lawrence river with the co-operation of the British Provinces. Estimated cost, $12,000,000. Total cost of Northern route from the Mississippi river to New York city, $19,000,000. The enlargement of the Welland Canal, now in progress, with the construction of the Caughnawaga Canal, and the proposed enlargement of the Champlain Canal, will enable vessels of a 1,000 tons to pass from western lake ports to ports in Vermont and to New York city. The Erie Canal, enlarged as proposed, will pass vessels of about 700 tons. THE CENTRAL ROUTE. The plan of improvement for this route contemplates, 1. The radical improvement of the Ohio river from Cairo to Pittsburg, so as to give 6 to 7 feet of navigation at low water. Estimated cost, $22,000,000. 2d. The improvement of the Kanawha river from its mouth to Great Falls, so as to give 6 feet of navigation at all seasons. Estimated cost, including reservoirs, $3,000,000. 3d. A connection by canal or by a freight railway from the Ohio river or Kanawha river, near Charleston, by the shortest and most practicable route, through West Virginia, to tidewater in Virginia; the question as between the canal and freight railway to be decided after the completion of careful surveys and estimates. If by canal and slack-water, the estimated cost is $55,000,000; if by a freight railway, the cost would probably not exceed $25,000,000. The total expenditure necessary for the improvement of the Ohio and Kanawha rivers is estimated at $25,000,000. The amount necessary to complete the connection with tide-water depends upon the nature of the improvement, as above stated. THE SOUTHERN ROUTE. The plan suggested by the committee for the southern route contemplates; 1. The improveof the Tennessee river from its mouth to Knoxville, so as to give 3 feet of navigation at lowest |