morial to Congress, setting forth the merits of the canal, and ap 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 alone, unaided by any memorial of the Legislature, without any pecunia. ry aid from the Territory, and without any official aid from the 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 to 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 confidence in their exertions, instead of being made to 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 responsibilitics, and we may add, the odium from certain quarters, and having been completely success. ful in securing, by our own unaided exertions, this valuable dona. tion for the sole benefit and use of the Territory, strictly in ać. 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 benefit of the Territory. Had we been unsuccessful in our application to Congress, the loss would have been our own: the Territory risked nothing 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 se

.

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 gorem. ment, to say that such highest bidder" should not have the land? Would the sale be a legal one, if the Register and Receiver were to strike it off to a lower bidder? 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,

rert.

We, therefore, pray your honorable 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 thereof, 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 connected with that measure.

Your memorialists would further respectfully represent, that they have expended much time 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 enacted, "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 this act authorized, the right to the same shall vest 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 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 to 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 ap 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 alone, unaided by any memorial of the Legislature, without any pecunia. ry aid from the Territory, and without any official aid from the 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 to 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 to 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 responsibilitics, and we may add, the odium from certain quarters, and having been completely successful 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 benefit of the Territory. Had we been unsuccessful in our application to Congress, the loss would have been our own: the Territory risked nothing 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 se-'

cure to themselves certain personal advantages and gratify their selfish or speculative views. They are sometimes charged with ambitious designs, incompatible with the public interest, and at others, inconsistent as it may appear, they are represented as vi sionary schemers and projectors of chimerical measures. This is all affectation, if it is not entitled to a harsher epithet; and the proof that it is so, is to be found in the whole course and procedure of the company, tending to the advancement of the work. We wish the Legislature and the public to look at our acts, 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 worthy 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 feeling, or rouse it into hostility, by aiming their shafts at the canal company. They denounce the company as visionary schemers, or chimerical projectors, but are careful at the same time not to de nounce the canal itself as a visionary scheme, or chimerical pro. ject. If the company are entitled 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 its 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, the canal falls with it of course. Such is clearly the design and the hope of the agita. tors in this matter, and instances have not been wanting, where persons have carried their hostility so far, and have been so regardless of truth and every moral perception, as to declare in terms, that some of the principal movers and supporters of the canal, are actually opposed to it.

In this spirit all the acts and doings of the company have been misrepresented by those persons, in the hope of cxciting popular prejudice, and of operating upon the Legislature itself, so as to indace the imposition of such restrictions as will paralyze our efforts and prevent our progress; and then in turn to furnish them the opportunity of saying to the world that the company never intended to progress with it. If the company, by virtue of their char. tered rights, purchase an interest in a tract of land from a settler or other person, which is peculiarly well situated, the pitiful envy of a few of the leaders in this opposition being excited; it is at once proclaimed-Lo! a speculation! a speculation!! the com pany are denounced, and the Legislature invoked to enact new restrictions to take from the company rights conferred by the Le. gislature and confirmed by Congress, and which no constitutional power, under our present form of government, can in any manner limit, alter or annul.

Why is this so?-why is this warfare waged against the company? These questions admit of only one answer-hostility to the canal. It cannot be for the public good; and we challenge the most rigid scrutiny to show that the measures of the company are in any manner calculated to compromise the public interest. If the company speculate in lands, they only exercise the right naturally possessed by every citizen, and which has been legally conferred on them. If no grant of land had ever been made to the Territory, would it be pretended that the company would not have had a right to invest their means as might best meet their interests? Was it not under the full assurance that the rights con. ferred on them should be religiously preserved, that they incurred the labor, expense and risk in applying to Congress for the rich boon that has been granted to the Territory? And shall it now be said that having thus placed in the hands of the Territory the basis of a fund worth half a million of dollars, it shall be used as a rod over them, or as an engine to wrench from them the rights conferred by solemn enactment? Never, never.

At the best the privileges conferred on the company are barely sufficent to induce capitalists to take the stock, and our enemies