United States Statutes at Large/Volume 4/23rd Congress/1st Session/Resolution 3
III. Resolution giving the right of way through the property of the United States at Harper’s Ferry, to the Winchester and Potomac Railroad Company.
Grant of the right of way, and restriction of its use.
Post, p. 792.Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States of America be, and he is hereby, authorized to convey to the Winchester and Potomac Railroad Company, free of charge, the right of way through the property held by the United States at Harper’s Ferry, (and at present not improved,) if, in his opinion, it should not be inconsistent with the public service; and, also, on the same terms, so much of the ground between the arsenal and the Shenandoah river, and near its junction with the Potomac, as may be deemed consistent with the public interest: to be used for the benefit of the said company in the deposit and accommodation of the trade of said Winchester and Potomac Railroad Company only, and for no other purpose whatever: Provided, nevertheless,Proviso. That the said railroad shall be so located, in the judgment of two or more skilful engineers of the army of the United States, who may be deputed by the President of the United States to make such location, as not to impede or injure, in any manner, the future improvement of the navigation of the river Shenandoah by a lock and dam navigation, or by extending a canal along the left bank thereof, to the river Potomac, or to the canal now constructed along the left bank of the said river.
Approved, June 25, 1834.