iM E M O II 1 A L OF Tin: HOLDEKS OF CERTIFICATES OF STOCK OF TIIK WABASH AND EHIE CANAL OF THE ^ STATE OF INDIANA, TO THE (general l^sseinbln of tlie .State of |nîtiana, Tlarcli, 1857. |^~ The Eransville Jo^Aal iamrgitig the ex tension of the Road from thai city/to Terre Haute, through to Attica, so as to ebnnéct with the Wa- Ijash Valley Road, and fopn a direct route to Lake Erie. The distance from Terre Haute to Attica is about 60 miles, and a portion of the distance is al¬ ready graded. Such a conne^pn would give great additional facilities of traneponation. Freight can be landed at Toledo for about the same price .es at Cleveland, and would be more than 100 miles near¬ er to Evansville, which is in the south west corner of Indiana. Even without this connection, freight from Evansville finds its way hither during the sea¬ son of lake navigation. MEMORIAL OF THE HOLDERS OF CERTIFICATES OF STOCK OF THE WABASH AND ERIE CANAL OF THE STATE OF INDIANA, TO THE (icîifral gtssmblj of Stato of |ttbiana, Iflarch, 1857. OC2. Y\ûV W« annex below ibe pieeee$iga of a meetlag oflWr' boMtia of certiSoatea of etack in (he Wa})aBli andÄle Canal of Indiana. The boainci» of that C|Hm1 Ike fkat of the Obk) and oiher (^peb bai been aerionsly affected by tbe competition'if Railroadn, and it ia feared that aa a revenue work i'a oharactar ia essen tially injured. A memorial on tbe anbject addressed to tbe Governor of Indiana and tbrongb bim to the Legislature, baa been signed by the London Gammittee in behalf of foreign bolders; also by Mr. George Pear body and the Committee of American holders. This memorial has been forwarded to the Cbrvemor by the hands' of Hr. J. F. D. Lanier and the Hon. Wm. L. Dayton of Hew-Jersey in behalf of the sub- acribera. A ccneiderable amonnt of stack ia held in New-Jeiaey. Thia Canal, it will be remembered, waa pledged some years ago as a seoniity for one half tbe State debt of Indiana, and tbe State was released therefrom, on the State's gnaranteeiog ils tolls and revenues present and future against any interference whatever, on which tbe creditors rebed; the object is to bring the subject to tbe notice of tbe people in tbe connsction that they wDl provide such remedy as the equity of the case and their ability may suggest. át a nceetzne of holders of tbe CertiScates of Stock in the Wabash and Erie Canal in ladUna, held in the city of Few-York, on the lâth day of February, 1857, J. F. D. LastsK, esq., was appointed Chmrmin, and AtBERT G Ar-LEi», esq., Secretary. The object of the meeting was to consider the present condition and the future prospects of the Wabash and Erie Canal in Indiana, and the messnres which ebouid he adopted by tbe parties holding Certificates of Stock in said canal to protect their interests in the same, and obtain such redress from the State of Indiana as the nature of the case reqnires, in view of all the circum¬ stances. The following resolutions were adopted : JFAereas, By c«rtûii acta of the LegisUtore of tbe State of Indiana, the Wahaah and Efie Canal of asid State waa pledged by the State in trast aa lecurity for the payment of one-half of : the public debt of^he State; and vA«rea», the holdere of iti ' bonds agreed to accept of auch aecority, and look to it and iti tolla and revenues in payment for the one-half of the said puHic debt, and also to reunbnrae them for new advancea of money required for the completion of the said canal, on the solemn pledge made to the aaid bondholders by tbe Legialatnre, ' that the tolls, rcvenuea and profits of tbe said canaL present and future, ahould remain and he inviolate and in full force until . tbe objects of tbe said act should be fully accomplished, and : alio that the operation of the said acts should not be molested ' or impaired, or artested or attached by the State of Indiana; and loAffrffat, it appears that the uusineis of the canal ha» been aetiously affected, and its tolls and receipts so far impabed that that they cannot now be relied upon aa a source of revenne, and this aiipes In conaequeoce of tbe competition of railroads, authoilzed bv the State since tbe passage of the Public Debs Act, on tbe 19th January, 1816; therefore, Beioltetl, That tbe State of Indhma having virtually destroyed the security which it had pledged, and on wuich the bondholders relied for tbe payment of their just dues, is boimd by every obligation, legal, moral and equitable, to indenmify and compen¬ sate tbe holders of said debt for the iuU amount tbereoC Rttohtd, That a Committee, Including tbe chainnan of this meeting, be appointed to »ubscribe a memorial m behalf of hold¬ ers of said certificates of Canal atock. residing in this country, and to act in tbe premises In connection with the Committee in London acting in behalf of the forein holders, and to take charge of said memorial and attend to its presentation to the Governor, and through 1to the Legislature of the State of Indiana, at its preaent session, aud to adopt and put in ezecn- tion sucn measures as they may deem expedient and proper, in order to eecnre the objects of said memoziaL The following gentlemen were appointed snob Com¬ mittee, with power to add to their number and to sup- i ply any vacancy, viz : Tbe Chainnan, J. F. D. I^tnier, Daniel B. EyaU, i Isaac Seymour, John Fergnson, Luther 0. Clark, J. N. Fsrklns, Wm. M. Bliss. Tbe meeting tben aàioumed, subject to the call of . said Committee. (Sisned) J. F. D. LANIER, Chairman. ] Albert O. Aller, Secretary, The demand for Honey on call has been active to- }v>' been fnlly met. Paper is eaaier. MEMORIAL. To the Honorable A. P. Willaed, Governor of the State of Indiana. The undersigned, committees of the holders, both foreign and domestic, of the stock of the Wabash and Erie Canal, issued under an act passed the 19th January, 1846, " to pro¬ vide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie Canal to Evansville, and an act supplementary thereto, passed 27th January, 1847, are instructed to ask your attention, and through you, the at¬ tention of the Legislature of the State, to the present and prospective condition of that work, and to the joint relation thereto of the aforesaid holders of the said certificates and of the State. It is about ten years since an arrangement was effected be- object oáiiü tween the State of Indiana and her creditors, under which the Wabash and Erie Canal, with its lands and revenues, was placed in the hands of trustees, as a security for the payment of one-half of the State debt, and our object now is to review the workings of that arrangement thus far ; to consider the probable future of the trust, and the sufficiency of its means to meet the object of its creation ; and, in the event of these not proving adequate, to solicit from the State such an interposi¬ tion as will maintain its own high character, and secure the very important interests of its public creditors. In orderto a perfect comprehension of the subject, however, it will be necessary for us to recall the circumstances under which the arrangement was suggested, the great and vital oh- 4 jects which were to be accomplished by it, and the terms and conditions of it, as it was finally executed. Cauacs of the The State of Indiana, in common with many other States rangement. of the American Union, had been involved, during the specu¬ lative excitements of the years 1835-6, in a system of inter¬ nal improvement, which had speedily exhausted her resources, and plunged her into the most serious and hopeless financial embarrassments.. In a report of the Committee of Ways and Means of the House of Representatives for 1846, describing the condition to which the State was reduced, it was said, that "For several years past the executive and legislative de- " partments of the government have attempted to portray, in " suitable terms, the embarrassments of the people and of the " government of the State ; but masterly as were the pens with " which these descriptions were drawn, they all fell short of " the reality. Every interest and every species of property has " felt, and deeply felt, their ruinous effects. They have proved " as severe as their prevalence was general, embracing every " condition of the people and every branch of the government, " and their blighting effects can only now be understood by " those who witnessed and experienced the same." (See Docu¬ mentary Journal^ 1845-6, page 133.) The Committee proceeded to say, " that the existing means " and available resources of the State were so far consumed, " that on more than one occasion the State was compelled to " resort to temporary loans to raise the current salaries of its " officers, small as they were in amount." By the Auditor's report of 1847, it appears that the outstanding debt of the State (exclusive of the domestic debt so called) was $11,090,000, on which there were arrearages of interest, which had not been paid for six years, to the amount of $3,327,000 more, making the total indebtedness at that time, the Ist of January, 1847, nearly fourteen millions and a half of dollars. Governor Whitcomb, in his annual message for the same year remarked, that " This debt, large in itself, was increasing at a rapid and fearful rate," and that in view of it, " many of the best citizens, involved in despair, and anxious " to leave their property unencumbered to their children, were 5 " sacrificing their homes for less than their value, and leaving " the State. The same causes were preventing men of capital " and industry from coming into it to purchase property, ira- " prove the conntry and add to our wealth." "All which," he adds, " had a tendency to increase the gloom and despond- " ency which pervaded business afifairs generally, and to di- " minish the ability of the people, the great mass of whom " were also involved in debt, to meet their individual engage- " ments." (See Documentary Journal^ 1847-8 ; Governor''^ Message, Gm. Ass., page 190.) In fact it was universally apprehended, and deprecated by all citizens of the State having an interest in her welfare and good name, that, against their wishes, and in the simple inability to meet her obligations, she would be driven to the dreadful alternative of repudiation. The prospect of such an issue had been naturally as alarm- Action of ing to the creditors of the State as it was to the State itself; they had invested their money, as they remarked in an early memorial on the subject, " in the most entire confidence in the integrity of the people, and in thèir ability to meet their obligations ; and they had been led to make such investments of their property, not only in reliance on the pledged public faith of the State, but from a desire to place their property where, while it would be safe beyond a question, they might calculate on receiving the interest punctually, the receipt of it being to all of them a matter of great importance, and to a large number of them of indispensable necessity." They deplored the existence of the causes which had occasioned ttiem such serious disappointment and loss ; but they would not harbor a doubt as to the disposition of the citizens of In¬ diana to pay their debts to the uttermost farthing, as soon as they should have the ability to do so ; but it became a question of vital moment to them, therefore, as to when and how this should be done, and what calculations they could safely make in regard to the future. In their anxiety, both for their own in¬ terests and for the continued prosperity and honor of the State, a large body of them united, in 1845, in sending their agent, Mr. Charles Butler, of New-York, to Indianapolis, to confer 6 with the Governor and Legislature, as well as the principal citizens, in regard to some judicious measure^ by which the interests of all parties shovld be secured and promoted. " It is entirely evident," said Governor Whitcomb, who gave a cordial and honorable welcome to the designs of Mr. Butler, " that the credit of the State cannot be resuscitated without " a liberal arrangement between the State and her creditors. " It is a great moral question, involving the dearest interests " of the people of Indiana, in the adjustment of which all mere " party and local considerations should be merged." Universally it was perceived that something must be done, not only to retrieve the lapsed honor of the commonwealth, but to arrest the downward tendency of things, and to lay a foundation for future success, which should be at once certain and enduring. The act The result of Mr. Butler's arduous negotiations, in which, it deserves to be said, he received the ready co-operation of many.of the ablest and most worthy citizens of the State, both in their official and private capacities, was the act of January 19th, 184d, to which we have before referred. Without adverting here to the details of this act, or to the extraordinary difficulties growing out of the positive prostra¬ tion of nearly all business affairs, by which the passage of it was.encompassed, let it suffice to state, that the general prin¬ ciple of the arrangement, as finally settled, was a division of the debt of the State, for which certificates of stock were to be issued, oii th© surrender of the old bonds—one moiety based on the immediate responsibility and revenues of the State, and the other moiety on the property, tolls and revenues of the Wabash and Erie Canal. The former implied a resort to direct taxation, and the latter implied the completion of the Canal to make it successful as a revenue work ; but as the Canal was yet unfinished, (and the State had no ability to finish it,) it was provided that the bondholders themselves should advance further means necessary for its completion ; and to insure such application of the money to be advanced by them to its completion, and to insure the application of its tolls and revenues, present and future, when completed, 7 to the payment of the debt charged upon them, the property was vested in Trustees, for the joint benefit of the State and her creditors, until every obligation should be entirely ful¬ filled. No measure of legislation was ever matured by the State Theobject ° and «pint of under circumstances of greater embarrassment, and conse-iheact quently of greater circumspection and care. The executive and legislative departments of the government both gave their most earnest attention to it ; it was elaborately discussed in the public prints as well as in the halls of legislation ; and every honorable means was used with a simple view to ren¬ dering it, what all interested in the result had most at heart, a fair, just and equitable settlement of a momentous and distressing question. It was determined that the just rights of creditors and the fair fame and permanent welfare of the State should be alike consulted. The spirit, which inspired the legislation of the time, was admirably incorporated in the preamble to the original act, which we take leave to subjoin. " Whereas honor and justice alike require that such equi- " table provision should be speedily made for the discharge of " the pecuniary obligations of the State as shall be just and ac- " ceptable to its creditors, honorable to the people of Indiana, " and, at the same time, within the ability of the State, without " further involving the people in a general debt : And whereas " an arrangement, based upon a moderate system of taxation, " and the completion of the Wabash and Erie Canal to Evans- " ville, it is believed will secure the objects aforesaid : And " whereas, in order to insure so desirable a result, a large por- "tion of our bondholders have manifested a willingness to aid " in the completion of said Canal, within the ensuing four years, " to the Ohio Elver : And whereas this proposition embraces, "as a general arrangement, the payment by taxation of two " and a half per cent, on the unprovided public debt of the " State, and a reliance for the remaining two and a half per " cent, on the lands, tolls and water rents of said W abash and " Erie Canal, (after paying expenses of construction and repair,) " thereby greatly relieving the people of Indiana from burdeh- "some taxation, and virtually discharging them from any 8 " liability for the said remaining interest, and looking alone " to said Canal, its tolls and other revenues, for half the inter- " est on said entire public debt : And whereas there is reason " to believe that the plan embraced in the following provisions " is entirely within the means of the State successfully to ac- " complish ; that it will be acceptable to our creditors, honor- " able to the people represented by this General Assembly, " and will add to the wealth, prosperity and advancement of " Indiana." Good effect And as no measure was more carefully considered before- hinon! hand, so no measure ever enacted by a legislative body gave a more instant and general relief to the public mind. It may be said of it, without exaggeration, what a distinguished American statesman said of the earlier financial measures of Washington's administration, that " Thet smote the rock of financial eesoorce, and the living waters gushed forth ; they touched the corpse of public credit, and it sprang upon its feet." From the moment in which it was made known that the plan had been consummated, that the public creditors were willing to return their old and discredited bonds and ac¬ cept the new securities pledged in their place, the clouds of doubt and dismay which had hung over the prosperity of Indi¬ ana rolled away. The almost universal feeling of despondency and gloom was lightened and cheered, and the sunshine of confidence came forth to animate the labor and develope the resources of the people. From that moment, as the entire history of the State witnesses, the spirit of enterprise was re¬ sumed ; and whatever greatness or grandeur of result her in¬ dustry has since attained, a great deal is owing to this happy adjustment, which released her burdens and recovered her energies. We claim no particular merit for the creditors in their part of this settlement, nor do we withhold any from the represen¬ tatives of the State ; it was a delicate and important transac¬ tion in which all were deeply concerned, which had long baffled the sagacity and good will of the most experienced statesmen and financiers, and to the solution of which all parties contributed their best wisdom and most candid and 9 conciliatory efforts. The State was eager to be relieved of its unpleasant position, every day becoming more critical, finan¬ cially and morally, anîl the creditors were no less eager to regain a surer hold of property, which had, through the mis¬ fortunes of the times, slipped from their grasp. There was no disposition on either side to achieve undue advantages, or to evade just responsibility, although there was suspended over both, to quicken their efforts, the prospect, that if a set¬ tlement were not then attained, the same circumstances which had so long delayed would permanently defeat the under¬ taking. For this reason it was, that the conclusion of the arrangement was so generally bailed, both in the State and out of it, as an eminently propitious event, creditable to all concerned, in it, and a veritable epoch in the financial history of the times. In acceding to that part of the adjustment which proposed induce- to them to release the State from all immediate responsibility ^ptaLV" for one-half the public debt, and to look to the tolls and reve- fhr®°bondí nues, present and future, of the Wabash and Erie Canal, and to them alone, for security, the creditors (naturally reluctant to do so, inasmuch as it required a new advance of money in addition to what they had already invested, without re¬ ceiving a return) acted upon tlie representations then made to them, on the strength of reliable and suflicient data, by the governor and other officers of the State, and by numerous citizens thereof, who were supposed to be thoroughly informed in the premises, as well as upon such other information as could be collected by themselves and by their agents. The Wabash and Erie Canal was regarded by all intelligent per¬ sons, both within and without the State, for its whole length, and for future years, as the main channel of transportation, not only for the tier of counties through which it runs, but for a large district of country on each side, and subject only to the competition of the Wabash Eiver. Let us briefly refer to some of these representations and opinions : Governor Whitcomb, in a letter to J. Horsley Palmer, Esq., Governor one of the creditors in London, and chairman of the com- iSterT"'" 10 mittee of foreign creditors, dated Indianapolis, Febrnary 5th, 184:6, and written to commend the plan of settlement, re¬ marked, " The Canal part of the arrangement may not at first " appear desirable, but I am mnch deceived, and so are some " of the most sagacious and intelligent engineers and business " men in our country, if in the course of a few years, after its " completion, its net income should not greatly exceed the " amount of interest it has to pay." He then refers for his ma- tnred views on the subject to his annual message, in which he says, "This work (the Wabash and Erie Canal) passes "through a country of almost unrivalled fertility, and rapidly " increasing population. Reaching, in its full length, from " Lake Erie to the Ohio River, it will be the largest work of " the kind in the United States. ItwiU he second only in im- porUmce to that which connects Lake Erie and the Hudson " River, and will make one of the links in the great chain of " internal navigation from the northeastern to the southwestern " extremities of our growing confederacy." F aunlleroj^ The State engineer, R. H. Fanntleroy, Esq., who had just eetmutes. completed his survey and estimates of the southern division of this Canal, addressed a letter to the agent of the bond¬ holders under date of January 13th, 1846, from which the following paragraph is taken : " The extent of country, looking to this Canal as its principal channel of commerce, embraces about one-third of the State of Indiana, together with a considerable poi-tion of the State of Illinois, in all equal in area to about one-half of the State of Indiana." Confirmed The same competent authority prepared a table of the p^ne^ prospective revenues of the Canal, which was also approved by J. L. Williams and W. J. Ball, both distinguished en¬ gineers, the latter then being also in the employment of the State, and which is herewith enclosed. (See page 28 for table.) It should, perhaps, be noted of this estimate, that it con¬ templated a more speedy completion of the Canal than was practicable, and by the supplementary act six years were allowed, instead of four, for its completion. The work was commenced in 1847 and finished in 1853. 11 It may further illustrate the view generally entertained at cstizen-ii that period, of the large extent'of country for which the Wabash and Erie Canal would form the sole channel of trade, to quote from a carefully prepared letter from a citizen of the State, previously connected with the public works, and ad¬ dressed to the agent of the State's creditors, dated February 2l8t, 1846. Speaking of the district which would be tribu¬ tary to the Canal, the following language is used : "It embraces over forty counties in Indiana and seven " large counties in Illinois, and contains, by computation, over " 21,000 square miles. The boundaries of this district, as you " will perceive, have been traced with due regard to the influ- " ence of rival channels of transportation, such as the Illinois " and Lake Michigan route on the north and west, the Ohio " River on the south, and the rail-road from that river to " Indianapolis." The same general view had been entertained by business opiniou men and by the public authorities ever since this Canal was men. first projected. From its general direction, corresponding so well with the course of trade, and from its remoteness from other lines of water communication, this Canal had ever been considered as a trunk line, into which the trade of the coun¬ try for a wide extent on both sides would be drawn by lateral improvements and common roads. It was this consideration, also, giving assurance of a large and paying traffic, which had warranted the State of Indiana in undertaking an improvement of such magnitude. In confirmation of the facts here stated, another extract from the documentary history of the time may be brought forward. In January, 1840, the Legislature of Indiaua, by joint resolution, appointed a commissioner to attend the Le¬ gislature of Ohio in reference to the early construction of the Ohio division of this Canal. The official representation of this commissioner touching opinion the character of this thoroughfare, and the extent of country ^^í^íoÍ of which it was expected to become the channel of trade, may be regarded as the opinion of the State. The following passage is selected from his letter to the Governor of Ohio. (See Journal of Ohio Legislature, session of 1839-40.) 12 " That the capability of the Wabash Valley for furnishing " transportation, by means of its production and consumption, "is equal to that of any other agricultural district of the West, " with the same population, will probably not be questioned, " For this trade the Wabash and Erie Canal will form the na- " tural, and, in fact, the only channel, so far as the northern " market may be sought. From the first settlement of this " valley, its citizens have anticipated the opening of this Canal " at no remote period, for which expectation they perhaps have "sufficient grounds in the donation of land for this object, and " the acceptance of this donation, with all its requirements, by " the States. They have neither sought nor desired any other " connection with Lake Erie, but, on the contrary, have located " and constructed their common roads, to say nothing of their " lateral canals and rail-roads, some of which have been com- "menced, so as to concentrate their trade on this Canal as the " main trunk. From this circumstance, as well as from the "directness of the route, the Wabash and Erie Canal will not "besnbjected toa competition with other established channels " of trade, as is often the case on the opening of a new work, "but from the first will command the undivided commerce and "intercourse between the Wabash country and the northern " markets. The district for which this Canal will form the main " channel of trade, may be described as extending from the "State line as far down the Wabash as the Grand Eapids, a " distance of three hundred miles. The boundaries of the dis- " trict on the south and southeast may be defined by a line " pursuing generally the valley of the west fork of White Kiver " to the east line of the State, embracing nearly one-third of " the snrface between the Wabash and the Ohio Kiver, and on " the north and west by a line diverging from the Grand " Rapids, and extending about one-third the distance to the " Illinois River on the west, and Lake Michigan on the north. " The limits of this district, it will be perceived, are marked " out with due reference to the influence of the Ohio naviga- " tion on the south, and of the Rlinois River and Lake Michigan " on the west and north, as rival channels of commerce." The district thus described contains a surface equal to 13 "thirty-eight counties in Indiana, and nearly nine counties in " lUinois,.including an area of 22,000 square miles." In this aspect of the case, and with these promises of fu¬ ture business and revenue from the Canal, the creditors of Indiana, in 184:6, accepted the principle of the proposed plan of arranging the debt. At a meeting of the committee of the European bondhold¬ ers, held in London, May 30th, 1846, it was resolved : "That under the circumstances stated in the report of Mr. Form of ac- " Charles Butler, confirmed by a letter of his excellency, ae'^Tond^ " James Whitcorab, dated 5th February last, addressed to Mr. " Palmer, it is the opinion of the committee that it will be for " the interest of the bondholders of the State of Indiana to " concur in the principle laid down in the act of the Legislature, " passed at Indianapolis on the 19th January, for the adjust- "ment of the debt of that State, by the paynient of one moiety " of the principal and interest by taxation, and the other " moiety by the property and tolls of the Canal, from the State " line adjoining Ohio, to Evansville, on the Ohio River ; such " property to be assigned to three trustees, and the State to be " freed from responsibility on that portion of the debt and in- " terest so to be secured." But while assenting to the prineipU of the settlement, the Bondholders, looked to the peculiar nature of the proposed se¬ curity. As this was virtually a mere mortgage of the tolls and revenues (in other words, the income) of thé Canal, pre¬ sent and future—(the fee or property of the Canal always being and remaining in the State, and subject to its redemption)— they were apprehensive that the provisions of the act of 1846 were not sufl5ciently explicit in guarding this security from every possible interference on the part of the State, and there¬ fore suggested several modifications. These did not disturb the general principle of the act, but were yet essential to render it perfectly satisfactory, and to enable it to be carried into efíect according to its fair and obvious intent. The action of the Legislature on the proposed modifica- Thosuppie- tions resulted in the passage of the Supplementary act of 14 January, 184T, which Supplementary act, after reciting the doubts which might be raised in the respects alluded to, pro¬ ceeded to affirm, in the strongest manner, the inviolability and permanence of the securities offered to the State's creditors, iisgua- In section 14, it says : to demonstrate the goodJ^aith pled^ew^- " of Indiana^ and for the removal of all such douhts, and with " ■ " a view to create general confidence in the anra/ngefment made • " hy the State for the liquidation of its dehts, he it enacted^ that " the tolls, revenues and profits of the said Canal and its appur- " tenances, present and future, &c., &c., shaix remain and be " INVIOLATE AND IN FÜLL FORCE*, and the payment of the princi- " pal moneys and interest on the certificates and stock intended " to be created pui'suant to the said act and this act, and all the " certificates and evidences of the title thereof, respectively, " shall he and continue effectual and inviolate hy themecms ''^aforesaid, until the objects and purposes of the said act, and " of this present act, shall be fully accomplished." Again, in the same section, it is further enacted, "That all stock to be " created, and all-certificates and other instruments of title to " be issued in pursuance of said act, and all principal moneys, " and interest thereby accrued, shcdl not be molested or im- '■^pai/red, arrested or attached by the State of Indiana." In another section, again, the 22d, are these broad and im¬ portant provisions, which declare the designs and obligations of the State with remarkable distinctness : " Sec. 22. The debt which it is the object of the trust created " by the said recited act, (as amended by this act,) to liquidate, " as in the said act is mentioned,^having been contracted under " the authority of the State of Indiana, and for the service of " the people of that State, and it being desirable, as well for the " credit of the State as also in order to establish confidence in " the public in general, and the subscribers in particular, to " secure the utmost punctuality in the fulfilment of the objects " of the said trust, it is hereby declared, that the tolls and re- " venues of the said Canal, present and future, and the lands " and lots so conveyed, or intended to be conveyed, as herein- " before mentioned, and the proceeds thereof, when sold, shall " be, and the same are hereby specially pledged, to form a dis- 15 " tinct and partienlar fond for the redemption of the stock and " certificates to be issued in pursuance of the said recited act " and of this act ; and the said State shaXL not direct or permit *' any appropriation to be made of such tolls and revenues, " lands and proceeds, or any of them, for the general purposes " of the State, or otherwise howsoever, other than and except for '• the purposes of the said trust, as directed by the said act, (as " amended by this act,) until the said stock and certificates, " and all interest thereon, shall hare been fully paid and satis- " fied out of the tolls and revenues of the said Canal, or the " State shall have redeemed said stock and certificates by the "payment of the principal thereof; the right of doing which, " after twenty years from the nineteenth day of January, 1846, " is hereby reserved by the State, as provided in the act to " which this is an amendment." Now these were positive and comprehensive covenants, not Nature of only restraining the State from every kind and degree of in- a¡ounds, in 1856 had dwindled to 2,328,338 pounds, notwithstanding the reduction in the rates of toll, amounting, in this period, to 77 per cent. Had no evidence, however, upon this head been presented to us by the trustees, whose testimony is particularly valuable, inasmuch as they properly describe themselves, in their ear¬ liest report, " as equally the agents of the State and her bond- " holders, and equally bound to discharge their duties to each, " as defined in the acts creating the trust," we should have still inferred the result from its antecedent probability. It cannot but be, in the nature of things, that a rail-road, which is liable to few obstructions at any season of the year, and which conveys goods with so much rapidity, should se¬ riously injure a canal of no larger dimensions than this, de¬ pendent upon the same districts and the same trade. For the heavier descriptions of freight a canal may still be preferred, but these are precisely the kinds which pay the least tolls; while the lighter freights, those in which a vast amount of value is concentrated in small bulk and weight, are those which are most easily drawn away to rail-roads. Under the existing system of rail-road connections, moreover, by which goods shipped in almost any part of the country can be car¬ ried to their destination without transhipment, an important advantage is given to that method of conveyance. The rail-road system covering Indiana, Ohio and Illinois is a unit^ designed and adapted to accommodate and control the transportation business of the country. It is operated with that end in view, and it is not strange that a combined system, working with so much uniformity, celerity and 22 power, with so many active agencies and parties in interest ai every point where business centres, should supersede canals, or take from them at least the best and most remunerating kinds of trade, and force the latter to such reduction of tolls on all other kinds as to render them comparatively unproductive. "We find whenever canals and rail-roads come into compe¬ tition, as in the great States of New-York and Ohio, the canals suffer extensively in the trial. In New-York, for many years, the legislature imposed % tariff of charges upon goods carried by certain rail-roads, to prevent the most dis¬ astrous effect upon the canals ; and the board of public works of Ohio, in their last annual report, complain that the rail¬ roads " have succeeded in taking from the canal that class of " business which has heretofore been the principal source of "revenue." In order to show the extent to which the appro¬ priation, by the rail-roads, of the business of the Canal has been carried, we have caused to be prepared a skeleton map of the State, herein enclosed, in two parts, one exhibiting the works constructed or proposed when the State debt arrange¬ ment was made, and the other showing the rail-road system, as it now exists. You are invited to consider these maps with the most deliberate care—for better than any argument which might be addressed to you, and better than any other fact that might be adduced—while appealing directly to the senses, they force conviction upon the mind. Important The shaded line marks the boundary of the district con- state sidered tributary to the Canal, before the opening of the rail- WM, and as ^^ys, and upon which the estimates were predicated in 1846. Of the towns and villages of the State only the county seats are marked on these maps, of which thére are forty-nine within the shaded boundaries. Of these it will be seen that over thirty county seats, form¬ ing, of course, the centres of trade for their respective coun¬ ties, are intersected by the parallel roads, or by lateral roads branching from them, having the same gauge and requiring no transhipment between these interior counties and the lake. In 1846 no one of these counties entertained even a well- grounded prospect of railway communication, but all through 23 their common roads and their pi'ojected plank roads, and other improvements, were seeking a connection with the Wabash and Erie Canal, as the permanent outlet for the trade ',0 Lake Erie and the Ohio River. As these roads have come in competition with the Canal at certain points—such as Lafayette and Terre Haute—a large reduction in the rates of toll has necessarily been made in previous years to and from these important points. And now, with the opening of the parallel road along the Canal line, a further and general abatement, averaging nearly forty per cent, on the leading imports, from the tolls of 1855, is foi'ced upon he trustees. Can any contrast be more positive or striking ? At the The ran- time our constituents accepted the Canal as a security, thereby dSätroye/*" discharging the State, it was the great enterprise of the State, a security, without a competitor and without a rival ; but it is now per¬ fectly encompassed from one end to the other, in a network of rail-roads. The whole region of country on which it depended is checkered by them ; every principal source of its trade is tapped by them ; its local business and its through business are alike disturbed ; and yet, disastrous as its more recent fate has been, the future threatens to become still more disastrous. In short, the very basis of security preferred to us, in lieu of the revenues of the State, has been essentially changed, and that by the authorization of the State. The Canal is, virtually, no longer the same work. Its banks and locks are the same ; the same waters continue to flow through it ; the same men and women, perhaps, live upon its banks, but that compre¬ hensive and lucrative trade, which was the life of it—that trade which originally induced the legislature to undertake its construction, and the expectation of which alone made it a security to your creditors—^has been spirited away. It no longer exists as it was, or as it promised to be, and it cannot be restored. In this posture of afiairs your creditors conceive that they are entitled to some remedy or redress on the part of In¬ diana. Had the security, in which they trusted, dwindled away under the influence of inevitable natural causes, or had 24: the depreciation of it arisen from their own act, or from the act of an independent third party, the question, perhaps, would have been different ; but, in the actual case, the in¬ jury to our interests has been wrought imder the direct The state authority of the State, not only by special charters, but by a titled to some general law, granting to individuals and companies the right redress. construct rail-roads, wherever they please, without regard to the previous vested rights of the Canal stockholders. It has involved our securities in ruin. Of course, neither we, nor the stockholders whom we represent, question the right of the legislature to enact any laws that may be deemed salutary or expedient ; that is a matter wholly within its own discre¬ tion ; nor do we desire to condemn the policy which has led the State into its vast and useful system of rail-road commu¬ nication. On the contrary, we rejoice in the liberality of disposition and the energy of enterprise which is manifested in these undertakings ; we rejoice in the advantages which they have brought, and are still bringing to its inhabitants by the impulses they give to production ; by the access they open to new and better markets ; by the value conferred upon land, and by the facilities presented to commercial and friendly in¬ tercourse. But we hold, at the same time, that the State, in choosing to adopt or authorize this snperior system of trans¬ portation and travel, must do so at its own cost, and not at the cost of others ; that it cannot ignore interests which it had itself already created ; that it cannot impair securities which it had guaranteed from molestation and wrong ; and that, in every case of manifest and undoubted injury, it is bound, in some way, to make reparation. The moral ^ Universal principle of law, acknowledged in all meitate!' transactions between individuals ; and much more is it a principle of honor, which is the only bond of States. In the earlier days of the debt arrangement, while the terms and the importance of it were fresher in the public mind, the legisla¬ tion of the State was conducted with a full sense of this pro¬ found moral obligation. "When it was proposed, in 1848, to charter the Terre Haute, Vincennes and Evansville Kail-Boad Company, the bill was rejected on the ground of its conflicting S5 with previous contracts. In the debate on this subject, the duty of the State not to interfere, in any way, with the completion or efficiency of the Canal, was recognised in principle on both sides—the difference of opinion arising solely on the question whether the specific measure pro¬ posed would have that effect. {See Debate of January ZUt, 1848.) Again, in the year 1851, when it was proposed to incorpo¬ rate the Fort "Wayne and Lafayette Eail-Koad Company, the bill was rejected, on the understanding that the passage and execution of it would disturb the Public Debt arrangement. But in 1852 a general law was passed, which enabled com¬ panies and individuals to do what the State had refused to do directly, though it is impossible to see upon what gi'ounds of justice or propriety, unless the State meant to make good, in some suitable way, the damage which might accrue to her creditors. No one, we presume, will contend that, if those creditors had foreseen, or been in any manner advertised of the proba¬ ble construction of superior lines of travel and transport all along the banks of the Canal, and within the district of coun¬ try contiguous and otherwise tributary to it, they would have entered into the agreement. For in such an event, the se¬ curity for which they consented to relieve the State would have been no sécurity at all ; and to hazard their property upon it would have been an act of imbecility and folly; neither will any one have the hardihood to assert, what would be a grave reflection upon the character of the State, that it sought to shift the burden of its debt upon a resource, which it designed to render, subsequently, inadequate and falla¬ cious. No ; let us repeat, as we have said before, that the entire negotiation between the State and its bondholders was one of the most perfect good faith, in which neither sought to take advantage of the other, and in which both were eager that substantial justice should be rendered to all parties. The advantages of the arrangement, indeed, were decidedly on the side of the State, under the most successful prosecu- 26 hJ'î-tcewid plan. Ali that the bondholders could receive was «nil^ simply the debt actually due to them and the accruing inter- ©stj whlle to the State was reserved the right to every increase of value and profit beyond that point. Even now our experi¬ ence demonstrates, that while the arrangement has been a failure in respect to the creditors, the State itself has been largely benefited by it, to an extent, we have no doubt, at least equal to the debt it was originally made to secure, in the relief given to her depressed credit, and in the increased value of her lands and taxable property. The map shows that the Canal, as now completed, is the natural drain of, say, about 14,000,000 of acres; and if we suppose that it has added a half dollar per acre to the value of this land, the gain in wealth to the State would be more than equivalent to the entire principal of the debt which the creditors wished to realize. Appeal to At this late day, after the experience which we had, in a the time of almost overwhelming trial and difficulty, of the honorable eagerness of Indiana to redeem her plighted faith, we will not believe that she can sacrifice or trifle with it, in a time of florid and increasing prosperity. When she was comparatively poor; when she was paralyzed by debt, public and private; when her future was dark, almost to the point of despair, she made, and she succeeded in the noblest ex¬ ertions, to maintain her honesty and fame. And she will not prize these, we are persuaded, any the less, now that, mainly iu consequence of those acts, her population has grown with prodigious rapidity, and thrift has returned, and the golden horn of plenty is poured out through all her borders. The sum at stake is indeed a large one—too large for any individuals to be called upon to lose—and yet trifling when compared with the abounding resources and prospective opu¬ lence of a great and growing commonwealth. But were it ten times larger than it is, justice and policy alike proclaim that it should not be measured against her character and dignity, as one among the States of the Ameri¬ can Union, and of the nations of the earth. The mode and nature of redress to which our constituents 27 are entitled, we leave the State itself to determine, satisfied with the simple presentation of their case, and in the confi¬ dence that it will attract an early, enlightened and satisfactory consideration. We have the honor to be, Four Excellency's ob't servants, London^ Feb., 1857. (Signed,) PALMER, MACKOXOP, DENT A CO., N. M. ROTHSCHILDS A SONS, BARING BROTHERS A CO, FRED. HUTH A CO.,. MORRISON, SONS A CO., The London Committee for the eonvertion of the Debt of Indiana. Washington City, F^., 1857. GEORGE PEABODT, F