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highest bidder." Now, if any sale made in pursuance of the
above provision of the act of Congress, a stockholder in the canal
company should happen to be the “highest bidder," would it be
.competent for the Legislature, or any officer under the goveru.
ment, to say that such highest bidder" should not have the land?
Would the sale be a legal onc, if the Register and Receiver irera
to strike it off to a lower viddler ? On this subject we presume
there can be no difference of opinion, and the consequent inipro.
priety of leaving such a provision on our statuto book is appa:
rert.
· We, therefore, pray your honorablc body to repeal so much of
the 22d section of the “ Act to provide for aiding in the construc-
tion of the Milwaukee and Rock river canal,” as is contained in
the foregoing extract from the 22d section thercol, as being re.
pugnant to the act of incorporation, as approved by Congress,
and detrimental to the progress of the canal, and of the general
interests of the country, as conneciod with that measure.

Your memorialists would further respectfully represent, that they liave expended much tiine and money in securing to the Ter. ritory a large and valuable tract of land, by an appropriation of the general government, for the purpose of aiding in the construc. tion of this canal, to which they were authorized on the behalf of the Territory, by a provision of the 22d section of the act of incor. poration, whereby it is enac!ed, “lliat in case the Congress of the United States stall make an appropriation, or donation, either in lands or money, in aid of the construc:ion of the work by this act authorized, the right 10 ihe same shall vost in the said starc (Wis. consin) whenever the said transfer of the canal shall be made, and the nett proceeds of all sales of land, and the amount of all money so appropriated, or donated, shall be deducted from the amount io be paid to the said corporation, for the transfer of said works to the state, and the said corporation are hereby authorized to apply to Congress for such an appropriation in money or lands, to aid in the construction of the works authorized by this act, as Congress in its wisdom shall see proper lo grant." In pursuance of the authority thus conferred, the canal company drew up a me.

morial to Congress, setting forth the merits of the canal, and apoi
pointed the president of the board of directors an agent to present
it to Congress, and to attend in person for the purpose of securing
the passage of an act in furtherance of this important measure. It
will be seen by reference to the papers then before Congress, that
it was through the agency and exertions of the company aloire,
unaided by any memorial of the Legislature, withoni any pecunia.
ry aid from the Territory, and without any official aid from iho
'Territorial authorities, that the said appropriation was secured to
the Territory-an appropriation which, by prudent management,
will produce to the Territory a sum not less than five hundred
thousand dollars, and sufficient 10 ensure the speedy completion of
the canal, if not exhausted in useless expenditures, and if so ap:

plied in co-operation with the company as to secure public confia legendence in their exertions, instead of being made to exert an antago. ha nistical influence.

Having acted towards the Territory in good faith, in securing the aforesaid grant of land, having advanced the necessary means and incurred the expense, the responsibilities, and we may add, the odium from certain quarters, and liaving been completely success: fül in securing, by our own unaided exertions, this valuable dona. tion for the sole benefit and use of the Territory, strictly in ac. cordance with the terms of the act above recited, your memorial. ists feel that in justice they are entitled to some consideration at the hands of the Territory, for expenses so incurred, and freely paid by them, for the exclusive benefi: of the Territory. Had we been unsuccessful in our application to Congress, the loss would have been our own : the Territory risked noihing in our efforts, it took upon itself no responsibilities, but simply authorized us to ask in its behalf, securing to itself the benefit of the petition, if successful, but no part of the loss, if any should be incurred, with out success.

Notwithstanding our exertions in this cause, there are persons in this community, who, (lamentable as it may be,) affect to believe that the company are not sincere in their efforts to secure the complete success of this great measure that their design is to ses

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highest bidder.” Now, if any sale made in pursuance of the
above provision of the act of Congress, a stockholder in the canal
company should happen to be the “highest bidder," would it be
„competent for the Legisla?ure, or any officer under the govern.
meni, to say that such highest bidder" should not have the land?
Would the sale be a legal one, if the Regis:er and Receiver were
10 strike it off to a lower vidder ? On this subject we presume
there can be no difference of opinion, and the consequent impro.
priety of leaving such a provision on our statute book is appa.
reri.
. We, therefore, pray your honorable body to repeal so much of
the 224 section of the “ Act to provide for aiding in the construc.
tion of the Milwaukee and Rock river canal,” as is contained in
the foregoing extract from the 22d section thercof, as being re.
pugnant to the act of incorporation, as approved by Congress,
and detrimental to the progress of the canal, and of the gencral
interests of the country, as connecied with that measure.

Your memorialists would suriher respectfully represent, that they have expended muchiiine and money in securing to the Ter. ritory a large and valuable tract of land, by an appropriation of the general government, for the purpose of aiding in the construc. tion of this canal, in which they were authorized on the behalf of the Territory, by a provision of the 22d sec!ion of the act of incor. poration, whereby it is enaced, “that in case the Congress of the United States shall make an appropriation, or donation, either in lands or money, in aid of the construction of the work by ihis act authorized, the right 10 ihe same shall rest in the said state (Wis. consin, whenever the said transfer of the canal shall be made, and the nett proceeds of all sales of land, and the amount of all money so appropriated, or donated, shall be deducted from the amount to be paid to the said corporation, for the transfer of said works to the stale, and the said corporation are liereby authorized to apply to Congress for such an appropriation in money or lands, to aid in the construction of the works authorized by this act, as Congress in its wisdom shall see proper to grant.” In pursuance of the authority thus conferred, the canal company drew up a me.

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morial to Congress, setting forth the merits of the canal, and apapointed the president of the board of directors an agent to present it to Congress, and to attend in person for the purpose of securing the passage of an act in furtherance of this important measure. It will be seen by reference to the papers then before Congress, that it was through the agency and exertions of the company aloire, unaided by any memorial of the Legislature, withont any pecunia. ry aid from the Territory, and without any official aid from tho Territorial authorities, that the said appropriation was secured to the Territory—an appropriation which, by prudent management, will produce to the Territory a sum not less than five hundred thousand dollars, and sufficient 10 ensure the speedy completion of the canal, if not exhausted in useless expenditures, and if so ap. plied in co-operation with the company as to secure public confi. dence in their exertions, instead of being made io exert an antago. nistical influence.

Having acted towards the Territory in good faith, in securing the aforesaid grant of land, having advanced the necessary means and incurred the expense, the responsibilities, and we may add, the odium from certain quarters, and liaving been completely successá fül in securing, by our own unaided exertions, this valuable dona. tion for thie sole benefit and use of the Territory, strictly in ać. cordance with the terms of the act above recited, your memoriala ists feel that in justice they are entitled to some consideration ut the hands of the Territory, for expenses so incurred, and freely paid by them, for the exclusive benefi: of the Territory. Had we been unsuccessful in our application to Congress, the loss would have been our own : the Territory risked noihing in our efforts, it took upon itself no responsibilities, but simply authorized us to ask in its behalf, securing to itself the benefit of the petition, if successful, but no part of the loss, if any should be incurred, with.' out success.

Notwithstanding our exertions in this cause, there are persons in this community who, (lamentable as it may be,) affect to believe that the company are not sincere in their efforts to secure the complete success of this great measure--that their design is to sed

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cure to themselves certain personal advantages and gratify their selfish or speculative views. They are sometimes charged wiih ambitious designs, incompatible with the public interest, and at oihers, inconsistent as it may appear, they are represented as vi. sionary schemers and projec:ors of chimerical measures. This is all affectation, if it is not entiiled io a harsher opithet ; and the proof that it is so, is to be found in the whole course and procedure of the company, tending 10 the advancement of the work. We wish the Legislature and the public to look at our acis, in prefe. rence to consulting the fertile imagination of our opponents, in proof of our designs; and we fearlessly submit to all who may be con. cerned, the measures which have been pursued by the company, as an carnest of their future course and policy. An opposition as unexpected as it is unprecedented, has been invoked by certain spirits in the bosom of our own community, who are, from local interest, or some less worihy feeling, opposed to the canal, but fearing to express too openly this hostility', lest public sentiment should take the alarm, they endeavor to conciliate the public feel. ing, or rouse it into hostiliiy, by aiming their shafis at ihe canal company. They denounce the company as visionary schemers, or chinerical projectors, but are careful at ihe same time not to de. nounce the canal itself as a visionary scheme, or chimerical pro. ject. If the company arc entitied to these epithets, why is not the offspring of their visionary reveries entitled to the same; and so, e converso, if the canal itself is not a visionary scheme, what evi. dence is there that its projectors are visionary schemers ? But it would not do to denounce the canal itself; the public have too much interest in iis success to listen to such treason. It is, how. ever, presumed that the company may be denounced and vilified with impunity, and if it can be broken down, ihe canal falls with it of course. Such is clearly the design and the hope of the agita. tors in this mat!er, and instances liave not been wanting, where persons have carried their hostility so far, and have been so re. gardless of truth and every moral perception; as to declare in terms, that some of the principal movers and supporters of the ca. nal, are actually opposed to it.

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