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organic law it is authorized to do in case and upon the condition such

assent is given.

In the legislation of Michigan, under our present Constitution, we have precedents for this proceeding.

It is well known that the St. Mary's Ship Canal Company was incorporated by an act of the Legislature of the State of New York, Approved, April 12, 1853, "for the purpose, among other things, of constructing a Ship Canal, around the Falls of St. Mary, in the State of Michigan, with all the necessary locks and appurtenances," "and for the purpose of contracting with the State of Michigan for the construction of the said Canal, or with its Commissioners or with any other person or persons." It had given to it power to contract for, take hold of, use, lease, improve, sell and convey lands, with all neccessary and incidental powers requisite or useful to effect the object contemplated.

The act entitled "an act to provide for the construction of a ship canal around the Falls of St. Mary," was passed by this State and approved on the 5th of February, 1853, twenty-three days previous to the passage of the charter of this company. That act authorizes the letting of the construction of the canal by contract, and the deeding of the land granted to the State by Congress, for its construction. It also authorizes the contractor to associate himself with such persons or parties as he may elect. "Or he may assign his rights, privileges and remunerations under the contract with the State, to any association organized according to the laws of this or any other State; and upon due notice to the Board of Commissioners and Governor, they shall be made parties to the obligations and emoluments of the contract, AND BE AUTHORIZED upon such assignment and notice, TO HOLD AND SELL

LANDS AND IMPROVE AND USE THE SAME AS THEY MAY SEE FIT AND

DESIRABLE."

Reference is also made to the act entitled "an act to authorize the Michigan Southern Railroad Company to consolidate with the Northern Indiana Railroad Company," approved February 13, 1855. Session Laws 1855, p. 300. In this instance there were two existing railroad corporations. One had been created by a law of this State, and the other by a law of the State of Indiana. It required the assent of Michigan to authorize the Indiana company to exercise its corporate powers in this State, and the like assent was required from the State

of Indiana to authorize the Michigan Southern Railroad Company to exercise its functions in that State. The roads of the two companies united formed a continuous line from Lake Erie to Lake Michigan, passing through the two States. The business of the two companies was intimately connected, and their mutual interest required they should be united into one company. This they desired to do. By the act referred to, the authority for their consolidation into one, and this to form essentially a new company, was given to the two companies. It is unnecessary to recite the privileges granted by this act to the Indiana company, or to the various things which the statute required the Indiana company to perform to entitle it to the privileges and immunities granted by the act. It is sufficient to say that such were the provisions and conditions of the act, that when complied with, the Indiana company became from thenceforth a part and parcel of the institutions of the State of Michigan, and entitled to her protection within her jurisdiction. Virtually the power is given to it by this act to own and control, or to participate in the ownership and control of a railroad in Michigan, upon condition of giving a similar privilege to the Michigan company in the road in Indiana.

Whether there is any material difference as effecting the constitutional power of the Legislature between a company chartered in Wisconsin to construct a Railroad in this State, or authorizing a company chartered at Albany to construct a canal, "and to hold and sell lands and to use and improve the same as they may see fit and desirable" in this State, or a company chartered in Indiana to consolidate with and become part owner of a previously constructed Railroad in this State, is a question that is respectfully submitted to this honorable body.

The New York and Erie Rail Road was incorporated by the State of New York. Yet a portion of its road is constructed and runs through Pennsylvania, that State having previously given its consent to the company.

The Panama Rail Road Company incorporated by the laws of the State of New York has constructed its road in New Granada.

The American Fur Company incorporated by the laws of the same State extended its business over a large portion of North America. Steam navigation companies for improving and navigating by steam the rivers of South America have been chartered by the State of New

York, and they are now exercising their corporate powers and privileges in Brazil, Buenos Ayres, Venezuela and other South American governments. These are but a few of the many instances that might be cited aside from those which have occurred in this State, where States and nations have extended that comity now asked for, to companies formed in other States and nations.

As a further measure tending to secure the accomplishment of the project, the Company applied to Congress for a grant of land to aid in constructing its road. Congress had made grants of lands to several of the States for such purposes. To Illinois, Mississippi and Alabama in 1850. To Missouri in 1852, and in the winter of 1853 to Arkansas. Persuaded that an equal measure of justice would be dealt out to each of the "Land States," Michigan included, the measure was continuously pressed upon the consideration of our delegation in Congress as well as upon that body, until in the last session when a grant of land was made to the State of Michigan to aid in the construction of certain railroads, and among them for a portion of the route of this Company, and specified in the joint resolution of the Legislature, viz: From Ontonagon to the State line; from Marquette to the State line, and from Pere Marquette to Flint; and which lands the State is now asked to transfer to this Company.

The distances are as follows:

From Detroit to Pere Marquette via Sagana,

Across the Lake to Manitowoc,

From Manitowoc to Ontonagon,

State Line to Marquette or mouth of Carp River,.
From Flint via Sagana to Pere Marquette, -.

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There is granted by virtue of the act of Congress, every alternate section of land for six sections in width on each side of the land, to be designated by odd numbers-being the equal of 3840 acres per mile, if it has not been previously sold or disposed of by the United States. In case any of it has been disposed of, the privilege is given to take land in the place of it, in the rear, and within fifteen miles from the line, on sections designated by odd numbers.

The Committee upon Public Lands, in the House of Representatives, obtained from the General Land Office an estimate of the amount which

This

would be received upon each of the proposed routes, and upon the route from Pere Marquette to Flint the amount was 162,000 acres. estimate was based upon the returns from the local land offices to the first of April, 1856.

It has been generally supposed that the grant upon this line was equal to a full grant, in which case there would be received the amount of 614,400 acres. Instead of which there is a deficiency of 457,000 acres. The cause of this deficiency will be more apparent, when it is considered that in Mason county the line of the route will cross an Indian Reservation for six miles, where no land will be received; and that it also intersects the route from Grand Rapids to Traverse Bay, and also the one from Amboy by Hillsdale and Lansing to Traverse Bay, or to some point at or near that place. At the intersection of each of these lines the lands to be received from government must be divided between them. There is then, in consequence of the Indian Reservation, and of the intersection of the cross lines, the equal of thirty-six miles on the route where not a foot will be received within the space on each side which has been defined by the act of Congress. Aside from this, there are many swamp lands. Some that belong to the St. Mary's Ship Canal Company; and others upon the streams that have been purchased as pine lands.

Under these circumstances the company desire the State to aid them iu the construction of their road by an appropriation of some of the swamp lands, which are situated along the route of the road. There are some forty counties in the Lower Peninsula, which contain but little if any settlement. They are as capable of sustaining as large a population as any other portion of the State. The question may well be asked of the more settled counties, "How long shall these counties remain in their natural condition?" "How long shall emigration continue to pass around us, and in the more Western States?" because of the facilities afforded for market up the Mississippi and its tributaries, and by the public spirited encouragement offered in those States to induce emigrants to settle in them. The specific taxes which will accrue to the treasury, the improved value of the School and Swamp lands which will be brought into market, aside from the general settle

more settled counties to adopt towards these new ones a wise, benign and liberal policy. A copy of the act of Congress is hereto appended, all which is respectfully submitted.

MORGAN L. DRAKE.

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