And Whereas, The growing wants of that country, and the various commercial interests which exist between it and other portions of the State, and other States, require permanent and reliable means of inter

course:

And Whereas, Such object, national in its character, would be attained by the construction of a railroad running mainly through government lands, bringing them to market, and aiding their sale, settlement and improvement; therefore

Resolved by the Senate and House of Representatives of the State of Michigan, That our Senators and Representatives in Congress be requested to urge the passage of a law by Congress, granting lands to aid in the construction of a Railroad from Pontiac, the present terminus of the Detroit and Pontiac Railroad, to the shore of Lake Michigan in the county of Mason, in the State of Michigan, and from the opposite shore, at or near Manitowoc, in Wisconsin, to Ontonagon river on Lake Superior; with a branch to Kewana Point, and also a branch to the vicinity of Iron Bay.

Resolved, That the Governor be requested to forward copies of the foregoing preamble and resolution to the Senators and Representatives in Congress from this State. Approved January 24, 1853."

Application was also made to the State of Wisconsin for a charter, and a well guarded one was passed and approved on the 28th of February, 1853, entitled an "Act to Incorporate the Michigan and Wisconsin Transit Railroad Company;" and on the 3d of April, 1854, this charter was amended, and the title was changed to that of the LAKE SUPERIOR RAILROAD COMPANY. It authorizes the construction of a railroad with one or more tracks upon the route specified in the joint resolution, with a branch to the vicinity of Traverse Bay, and also one to Montreal river.

Several important considerations induced the selection of this route. 1. It was ascertained upon investigation to be the most northern practicable route, upon which Lake Michigan can be crossed the greater part of the year on account of obstructions from ice, at each terminus of which crossing there is a safe and commodious harbor.

2. But one railroad communication with that country can be expected for many years, and those best informed, unite in the opinion that this is

of the copper district) to Detroit, and it will enable the people of the mining country to get out around the head of Lake Michigan at times and seasons where the Lake cannot be safely navigated.

Indeed it is believed to be impossible to combine the influence of the capitalists who have investments in the mines and to obtain their aid in the construction of any Railroad to that country not leading southerly into Wisconsin, thus enabling them to connect with lines leading to Chicago.

3. This route across the Lower Penins ula is upon the most direct line from Detroit to St. Paul, in Minnesota. The line from Manitowoc to St. Paul had been chartered to the Manitowoc and Mississippi Rail Road Company and is now under such process of construction as will secure the completion of the first division from Manitowoc to Menasha at the foot of Lake Winnebago, a distance of 41 miles, during the ensuing summer. This line divides the State of Wisconsin so that full onehalf of the State lies north of it. The business of this line must necessarily center at Manitowoc rather than at Milwaukee, which is eighty miles south, or at Chicago, which is one hundred and sixty miles south.

Thus it will be seen that upon the completion of the road from Manitowoc to St. Paul, much of the freight and travel eastward of a large portion of Wisconsin, of Minnesota, and of the vast Territory beyond it west and north, now known as the Indian or Dacotah Territory, in addition to that from Lake Superior, will be secured to us when Lake Michigan is traversable. Influenced by the expectation of this freight and travel capital could be successfully invited into the enterprise, when it might be difficult to obtain it for any other or more local route.

Should there ever be a Railroad constructed to Puget's Sound upon the Pacific ocean, upon what is termed the northern route, this line from Detroit to St. Paul would constitute a part of it, and our Peninsula would be placed upon the highway of nations.

The route of the Lake Superior Railroad Company will bring the copper and iron district within forty-eight hours of Detroit and Chicago, and within four days of New-York. It may be considered as an extension of the Illinois Central, the Michigan Southern, the New-York & Erie, and New-York Central Railroads, as well as the Great Western Railroad through Canada. A railroad is contracted for and now in course of construction from Milwaukee to Manitowoc. This done, there

will be a railroad communication over the Illinois Central and its connections twelve hundred miles to Mobile. This would give the entire valley of the Mississippi easy access to the Lake Superior country. Connecting with the Michigan Southern Railroad at Chicago, it would give access to the valley of the Ohio, and accommodate the travel around the head of Lake Erie to the upper country. Crossing the lake from Manitowoc to Pere Marquette river and the Peninsula of Michigan, it would at Flint connect with the Port Huron & Lake Michigan Railway, and over this, via Port Huron and Sarnia, would connect with the Grand Trunk and Great Western Railways. Passing the Flint, and uniting with the Detroit & Milwaukee Railway at some suitable point near Pontiac, it would give direct communication to Detroit, and thence through Canada to the roads which terminate at Niagara river and run eastward toward the Atlantic.

Your memorialist deems it proper to present some of the reasons which induced the company to seek and obtain their charter for this road from the State of Wisconsin. And in presenting them the hope is indulged in, that they will be acceptable and satisfactory to your Honorable body, and will disarm any objection that may be raised by a reasonable and candid mind.

A railroad on the route projected if under one organization, one con--trol, and one interest,- —an interest combined and springing out of and from the two sections of the State will exert a strong influence, in securing to each of them the benefit of a reciprocal trade with the other, and in cultivating that feeling of friendship and mutuality between them which is in every way desirable, but which unhappily (it is feared) does not at present exist in the upper country to any considerable degree.

It is without doubt the true policy of the Lower Peninsula to have this road all under one organization. Should it be otherwise we may expect soon to see one combined organization between the Lake Superior country and Chicago, controlling and directing thither the Lake Superior trade, to enrich and build up the merchants and artizans of Illinois, instead of enriching and building up our own citizens. The sympathies of the Lake Superior people are with Chicago. The tendency of Trade in the Lake Superior country is towards Chicago. And your

tendency is to adopt the policy of this company to place the route under one organization and control.

Geographically considered, Michigan is singularly situated. An officer of the State if required in the performance of official duty at this season of the year to visit the county of Ontonagon, or any point in the mining district, would be obliged to pass out of this State and through the States of Indiana, Illinois and Wisconsin. It is worthy of Michigan that she shall seek to open a communication upon some less circuitous route, and that she place its interest and control as far as possible in the hands of her own citizens.

This route being partly in two states this unity of organization could not be obtained without the consent of each of them. Wisconsin gave her consent in passing the charter, but it was given upon the consideration that Michigan should assent, and the consent of Michigan to a measure which obviously tends to the promotion of her interest, instead of promoting rival interests which are forming or are formed in other states is now solicited. Indeed when this road was perfected, the only way in which an association or organization could be formed was under a charter to be obtained from the State of Wisconsin.

This state had declared by the constitution that no corporation should be created by the Legislature, by special laws, except for municipal purposes. Other corporations should or "may be formed under general laws." And the state had failed to pass any general law, authorizing the formation of Rail Road Companies. There was then within this State no means whereby a company could become incorporated in order to prosecute this enterprise with effect.

It may be asked by some, why not now organize under the General Rail Road Law which passed in 1855?

The answer is plain. Under that law there must needs be one organization for the Lower Peninsula, another upon the route from the State Line to Ontanagon, and another from the State Line to Marquette, and the fourth one in Wisconsin from Manitowoc to the State Line would not be provided for. And if it was occupied by a company formed under a law of that State, it could not without the consent of that as well as of this State, consolidate with either or all of the others. Nor could either of the lines in this State organized as above stated, con

solidate with each other without some Legislative assent. To constitute so many companies, to unite them and consolidate them, and to obtain the necessary Legislation for so doing, would necessarily involve the work of years and a very considerable expense.

By the present condition, the State had greatly limited the session of the Legislature by withholding the pay from the members after the first forty days, and it had provided that the Legislature should meet only once in two years, unless specially convened by the Executive upon "extraordinary occasions." Hence, the necessity of simplifying the subjects of Legislation, and of providing by general laws for the formation of corporations. Otherwise the brief session might be occupied in considering projects for charters, presented perhaps by rival and conflicting interests, and to the exclusion of other necessary and beneficial Legislation.

But in prohibiting the Legislature from occupying its time in passing such charters the usual power of extending its comity to corporations formed in other states was left to be determined by the representatives of the people when the occasion should arise-doubtless upon the conviction that this power would not be hastily exercised, nor, unless to promote the welfare or important interests of the State and without serious detriment to well established local interests.

The project of the Company does not as they perceive conflict with any well established rival interest. They are the Pioneers in the idea of establishing a railroad to Lake Superior, and if other interests have grown up, and they are not aware of any, they have done so, well knowing this project in its length and breadth, "For these things have not been done in a corner."

And your memorialist humbly believes that it has been sufficiently demonstrated that the importance of this work, the necessity and policy of having it united under one organization is such as to come within this rule for extending this comity of the State towards this Company, and which they now solicit.

This act of assent is strictly within the constitutional power of the Legislature. It is not creating a corporation. The corporation is already created, capable of sueing and of being sued in the Courts of this State, and of every other State in the Union. It is simply giving to