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Seventy-three tracts were applied for during that time, three of which were reserved from sale by the commissioners as being particularly valuable by reason of their location.

The residue of these lands were appraised at the minimum price and a schedule and appraisal duly made out and forwarded to the Go

vernor.

The day of the sale of these lands, is fixed by the proclamation of the Governor, on the 18th of February next.

The situation of the settlers of canal lands already sold, is a subject demanding the immediate and serious attention of the Legisla

ture.

By an act of the Legislature passed early in the session of last year for the relief of canal settlers, the payment of the interest becoming due on canal lands was postponed until the Territory should provide for its collection.

By the subsequent act approved Fobruary 19th 1841, it was made the duty of the commissioners, whenever any loan should be effected so to fix the time of the payment of interest on lands sold, as to meet the semi-annual interest becoming due on such loan.

By the same act it is further provided, that all of the interest which would have become due by the law of February, 1839, shall become payable at the time fixed by said commissioners.

There is an obvious defect in this law, which escaped the attention of the Legislature; and which a slight change in the phraseology might have remedied, by simply requiring the commissioners to call in interest sufficient to pay the interest on any loan which might be made.

The object and policy of both of the acts referred to was the same; it was a policy founded in the clearest views of justice, whose principle was, not to exact from the purchasers of lands sold and bought on the faith of the speedy completion of the canal, more interest money on their lands, than was actually wanted to pay the interest on the money borrowed and expended for their benefit. Had the loan of $100,000 been immediately negotiated, as confidently anticipated, the operation of the law would have but answered the design of its framers.

But under the present circumstances the practical result is so absurd and unjust as to impose upon the commissioners an imperative duty, which they cannot escape, to compel the payment of one and a half years' interest, amounting to $11,000, for the purpose of paying the six months interest on a loan possibly of but $1000.

This money too, cannot be expended if not required to meet the interest on this loan, but must remain locked up in the treasury. The commissioners for the purpose of giving the Legislature an opportunity to prevent the mischief of the law, deferred the call for the interest until the last day of August, and fixed the time for its payment on the 23d of December.

Nothing further need be urged to commend this matter to the most prompt action of the Legislature.

Many questions which we cannot anticipate, relating to the policy of the canal, and to the disposition of the canal lands, may come be fore your honorable bodies at the present session.

Most of these matters have probably before this been generally discussed in the Legislature, and in previous reports, and been agitated by the public.

We have no information upon these topics, which is not common to you all, neither have we any new views or suggestions which we are prepared to submit for the consideration of the Legislature.

GEO. II. WALKER,

JOHN HUSTIS,

JOHN H. TWEEDY.

Milwaukee, Dec. 4, 1842.

Canal Comm❜rs,

COMMUNICATION IN REPLY TO RESOLUTIONS CALLING ON BYRON KILBOURN, ESQ., FOR CERTAIN INFORMATION IN REFERENCE TO THE MILWAUKEE AND ROCK RIVER CANAL COMPANY.

To the Honorable Council:

The undersigned has the honor of acknowledging the receipt of the following resolution, adopted in Council, January 18th instant, viz: "Resolved, That the Milwaukee and Rock river canal com

pany be requested to communicate to this House a statement in detail of the expenditures of said company, stating how much has been expended for work done on contracts-how much for salaries and compensation of officers and agents-how much for obtaining the grant of lands from Congress-how much in making the survey and location of the canal-how much for other incidental expenses.

"That said company be also requested to communicate to this House, for what sum, and upon what terms, if any, it will surrender to the Territory the privileges of its charter, and its interests in the portion of the canal constructed; and also all and every contract or conveyance by which any portion of the property or rights of the canal company, and of its interest in any water power or rates or rents, may have been bargained or transferred to any person whatsoever and particularly any interest with the Milwaukee Hydraulic and Manufacturing company, retain ot the sale of any water power or interest therein. And also to furnish all such information as may be of service to the Legislature in considering any proposal, which may be submitted by said company.

"Resolved, That the select committee to whom was referred the subject of the Milwaukee and Rock river canal, be authorized to confer with the proper officer of said canal company, on the subject embraced in the foregoing resolution, and to receive any communication relative to the same, which may be submitted by said officer.

"Resolved, That the Secretary be instructed to furnish the President of the Milwaukee and Rock river canal company with a copy of the foregoing resolutions."

To the first branch of the first resolution, the undersigned has not the means at hand to enable him to give a statement in detail of the canal company accounts, any further than was submitted to the Legislature in the annual report of the company, at the commencement of the present session, to which he would respectfully refer.

To the second branch of that resolution, he feels anthorized to say that the canal company will surrender the privileges conferred by their charter, on the terms submitted on that subject on the 28th day of December, 1839, in response to a resolution of the Honorable House of Representatives; or on such other reasonable and proper

conditions as shall secure respectively to the Territory, the purchasers of canal lands, and the company, their equal and jnst rightsother conditions, it is presumed, the Legislature could not demand, ask, nor expect.

To the third and last branch of that resolution, he would remark, that not now being prepared to submit "proposals" specifically and in full for a step of so much importance, and therefore not being in possession himself of all that full measure of information which might be necessary to a proper adjustment of the various interests involved, he begs leave to submit the propriety of deferring to a future. time, his views and reasons relative to the subject; pledging himself, however, to submit without unnecessary delay, a plan by which an adjustment of the vexed questions involved, can be had in a manner which will be perfectly satisfactory to all parties; securing to each, not only their legal, but their equitable rights.

The details of such an adjustment, could probably be more conveniently arranged through the medium of a committee, where free explanation can be had, as appears to have been contemplated by the adoption of the second resolution, than by formal communications to elucidate points not clear or familiar to each individual composing the entire body. And the undersigned would respectfully submit for consideration, whether propriety would not dictate, in order to secure a full, fair, and unprejudiced examination and conclusion relative to the various matters to be discussed, that the chairman of the committee ought not to be one who confessedly stands in the attitude of hostility towards him individually. This suggestion is thrown out for the consideration of your honorable body, not meaning to be understood as intimating the course of action which ought to be pursued, but merely to suggest that in any negotiation or business transactions, the persons or parties conducting it, ought to be so circumstanced, that they may confer freely and without restraint, and so disposed, as to give a fair and candid consideration to suggestions made by each.

The following copy of a resolution passed by the board of directors, (the original of which is in the possession of the undersigned,) will, it is presumed be a sufficient credential, showing the nature of

the authority delegated to him relative to the subject of the foregoing resolutions:

“OFFICE OF THE MILWAUKEE AND ROCK RIVER CANAL COMPANY, “MILWAUKEE, Dec. 2nd, 1841.

"At a meeting of the board of directors of the Milwaukee and Rock River Canal Company, held this day, the following resolution was unanimously adopted:

"Resolved, That Byron Kilbourn, President of the Canal Company, be, and he is hereby authorized, to act as general agent of this Company, in any arrangement which he may deem to be for the interest of this Company, and to conduct any and all negotiations with the Legislature for any change in the canal policy which he may think proper; hereby ratifying and confirming the acts of the said President and general agent, as fully as if the same were expressly ordered and transacted by the board of directors.

"A true copy from the records.”

"I. A. LAPHAM, Secretary."

In pursuance of the trust so reposed in the undersigned, he will take great pleasure in meeting with any committee of either House of the Legislature, in devising such means and measures as will best tend to secure the rights of the Territory and promote the public welfare, and which will at the same time secure to the Canal Company and to the settlers on the canal lands, their respective and individual rights.

The subject of a bill now before the Council, relative to the postponement of interest on canal lands, (as the bill now stands) being intimately connected with that of the foregoing resolutions, I would respectfully submit for the consideration of the Council, whether a prudent regard for the interests of the Territory would not render it proper to delay any further action on that bill, until it can be ascertained what amount of liabilities are actually resting on the Territory, and which must be provided for either from the proceeds of lands sold or otherwise. I would beg leave further to add, that I feel little doubt, a plan may be devised whereby the Territory will be relieved from all liabilities growing out of its connection with the canal, and at the same time relieve the settlers to the full extent desired by them,

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