The Governor's Message

SeCshTTacd Hcpreseulr. h I I I' havo (iaomedit my duty to enll you Vcether i extraordinary setsion, to nbmil for jour consider.ition Bibjoots direotiy afïetincr lbo honor and good namo of tbe pooplo ot-our whole comm mwetlth. TIio powers of srovernmont are divided into tiireo dopirlments : legislativo, ex lutivc and j:idicil ; tlio duties of eoh ar diiiinct nnd weVI-drofiued ; no ono may discharge or infringe upon the dutiïs of nnother. ïo th lo?ilativo branoh of tho govern.nent has beca ooinmitted tho lawnmkiirg power, tubjaot ouly to sucli refirió! íoh or liimtations as are contained in the ot the Stato, or of the Vnilad ÖUte. To judic'al depnrtraeot has been niriiitod tho provinoe of deciding what i Isw, and of aunuliïug uoconBtitution■ 1 ensetmonts. Legislatures, Executivea a-nd Coorts Bre componed of individuáis ami may trr. Legislntures may pass and ttovernors may give their approval to act wbich tha'judiciary, in the excrete of ita rightful functions, may decide to be uneonstitutional : but the ultiinato and original sovereignty ia with tho peoplo, hy whom constituiions aro made, f.i:d miy bs altorïd or amendod. Changos in the fundamental lnw should Bot be frequent, or made upon elight pretexta, or upon doubtful expediency ; but liould be made where Beriousdoubts exist as to the proper oooatruotion of improper provisión; or where experienco Las showu the necetsity of such aleratio.i ; and certniuly where without such change, iniustioe and wrong rould be done to auy portion of tho peoplo. A series of Iaws enaeted at tive sbcessire sessions of the Legislature, and, wi'.li the exoeption of a single act npproved of by three sueccRsive Executives have, by a recent decisión of tho bigbaat judicial authority of the Siatc, bsen pronouncad unconstitutional and void. Tlieso laws are lomewhnt different in their provisions, but all of them were intended to onable the people of other oounties, townships, citio, or incorporaed villages, in their corporate capacity, to sid in tbo construetion of railroada. The general iaw of 1869 was considcrably more restrictue and stringent in its provisions than tho pecial acts of previous years. In the aot of 186Ü, townships, citiöi ;id iacorporated villages - but not oounties - were authorized to aid, to a liinited ümount, in the congtruotion of railroads, by loan or donation. When sucb aid ehould be voted by tli9 peop)c, hond might ba made fiud deposited in the office of the State Treasurer, bat could not bo delivered to any raüroad cornpany until such company had comploted its road-bed, and ironod itg roud with suob rail as should ; be used by first-class railroads, from it initial or sturting point, through the ïnunicipality issuing the same; nor until the compauy should have fuliy oomplied with whatever conditions said niunicipality might have imposed in votiug its aid. Under the contained in theise laws, securities or bonds for a very considerable amount, hare been delivered and are now held by parties who have purchosed them in good faith. Judging from tbe mostroliabl'e inforniation whioh I have been able to obtain, I am of tho opinión tbat far tho larger psrt is held by persons of moderato or email means ; in npt a fow instances, tbe eatiro meaus of aged person, of wouien, and of orpban children, are known to be inveeted in these soourities. It is scarcely necessary to say, tbat without provisión for their payment, in many caea great inconvenienca and suöering must ensue, and hi raust bo the case to a greater or less extent, even by the delay of payment of any oue or moro oí the intallDicnts of interest. In ome cases the municipalities diroctly interested, have, through tlicir ruunioipal boards, exprersod tho desire nd dstormination to acknowledge snd provide for the paymont of these lialbilitiei ; but it must be remcrobored, that howevcr carnee tly guch authoritie may desire to avoid the repudiation of their 'Lonest debts, and to keep inviolato the faith of tbcir respeotivo corporatioD, there is nov do authority of law by which such provisión can be made. No tas can be lawfully made or collected to provide the means for paying cither principal or ntereBt; and euch tax placed upon a tax-roll would not only be Toid and uncollectable, but might ■vitiate the entire tax of euch corporation. It has bon supposed by many that theie bondg, or at least most of tbem, were issued under tho law of 1800 ; that the act was pafsed under oircumstanoeg of much populnr excitement on the eubject of the real or supposed bonefits to be dorived from the extensión of railxoad faoilities. It is eortainiy true, that a portion of the municipal railroad aid bonds non' outstanding, wore issued under tho authority of legislativo acta of 1869, but these comprise ody a liltle more thm one-fourth of the wholo amount now in tíie hsnds of parties who have purchased and paid for them in good faith. It is undoubtodly true, that no amall portion of the people of the State have feit a duep interest in and a strong de aire lor the construetion of railroadg, and have boen both wilürg and defirois to grant munioipal aid for that purpoes. Whether it is or is uot wise to construct railroads, under any circumstancea, to a greater extent than can be done by individual or private enterpriae, need not be diacuased in this connection, but liowever this laay be, the bouds now outitanding are not the reeult of any sudden impulse, or the excitement of a day, or of any ono Legislatura. The following summiry will give, as nsar as may be asoertained,the umcunt of such seourities now outstauding, under the vaiioiis enbling aots : Special acts of 1803, and of the extra session of 1SG-Í, approvcd by Gov. Jilair $ 858,600 Special acts of 1805, ap'proved by Gov. Crapr 012,700 Special act of 1807, passcd over the veto of (Jov. Crapo 28,000 Laws of 1869, approvcd by the presout -Kxecullve 447,000 Total 11,656,800 It wül bo observcd, that one half of the wliole amount was issuod under tho laws of 18G3 and 1SG4, nearly onefourth iindor tlie enablinij acts of 18G5 $ud 18(57, snd a littU more thaa onuipurth uiidor th laws cf 1SC9. Our owi! State bas not been singular iü pats'mg onabüng acts of this chsruoter ; uot less than twonty-two of the Statog have similar laws upon their stat uto bookn; in most, or all of these, tho constitutionality ol rsilrond nid Icgislation has boen tho subject of judicial udjudication ; in all of these Staten auch icgislation has been sustainod, eave in Iowa aiid WiBcoaein, and originally in theBC nlso. The States were but following tho exa.mple of Congres?, which bnd}1, is is well known, has made extensivo grants QÍ feud beloDging to the ieopla, af as largo subsidies in bonds, to rnilroads. ín 1841 Congress gave to tlie Sir.to if Michigan, aticl lo eiieh of cight other States níimcd in the act, and to each new State the'reaftor admitted into llio Union, fivo liundred tliousand acres of public lands, "for the purpnses of internal improvemont, gaid lands to be dispoeed of flDd tlio not proeeed.i of the estes applicd to the building of roads, raili7a3's, bridge, cañáis," etc. 1 do not csll atten'.ioi) to our own ro iíorated legiglation, to tlio extensiva legislation of other States and of Congress, and to the eanetiou given to it by the eourts of othor States, either for the purpose of expressing so approval of such legisiation, r of dwseuting from the decisión rondered by the highe! oourt of our own 8tafe; but simply for tlio purposo of elioírinu; fhat holders of bond issucd under tlie authority of (ivo suceessive Legislafíirca, and npproved by threa auccessivo Exeoutivet of Michigan, had good reason to believ that t li oy weru reocivinj} securiües of valuó, such si their face indíeated, and miy justly claim that the manioipaiitiea whose bands they Lold íhould be llowud and aiilliorized to rnake provisión for thcir payment. Under ihe i'eosnt deeision of tlie Supremo (Jourt, 11 railroad aid bond, isgued by Tirtue of the various enabling antg contaioed n thc sfatutes ot Micliigañ, aro vrid, and under present cironmstanees worthlpsa ; but it certnir.ly u not t!io intantion of the sevoral Logisla toros by which tbeee laws vrere possod, or tlie niunicipalitinn which hate cade and issued the securities, to doceire the people, or to procure their nionoy without consideraron, by placiug in tbeir hands enipty, vrorthlcm protui-ca to pay. The Lcgislaturo thnt outhorizod, and the pooplo who voled to íubuo the bonds, supposed they wcro actiou under constitutioiüil and lawful authority. Althouah there i. i,ow no w;iy of enforcing the colloction, and no legal obligalion for the püTnient oí ihcscscsurities, the moral obligation of a 8 and of a peple, a:i a.s binding and should be betd ;-s pacred n tleir oblications; tlie honor of the pe'-ple of Michigan, and. erpeoiallj of tlie oo us, townsliips nd cit e, by vrhirh these bonds have beeo ssued, ts directly coucorned n tho pnymnnl rf t fióse Rlready sold and not? in the hand1! vi honest hol'erg. The credit of no Síate stands higber than that of MicLiifSD, irnl the tecplo caanot afíbrd, nnd I trust, will rot co - eínt, to have her goed naino tarnished by the repndiatioo of either legal or mcr1 obligHtions. As the present cinrrgcnoy could only be provided for by au amendmeut pf the fnndamental lavr of the State, and as constitutiunal aincnclrreuts must, first receire the ganction of t!t Lsciln(ure, and can only bo ulniitted to tho pcoplo at a general biennia] November eluotion, and as therefasa] or oegleot to tako all proper and corstitiitioual ine:i;!s to enable the municipnlitien directly interested to recognize nd próvido f:r their obligations, wou'.d b3 lütle les? thun an spproval of ri'pudiation, I could not consent, by any actinti (finiría, to wi ti!io!d from tiio people for two yesra thc opportuuiíy of maüng provisión for their p:i3'niciif. I retpcotfally aDd rarnestfy recotnmend that su amandment (o the Coostitution be sabmitted to iho pcoplo nt thc geuernl election in November next, euch ag will eníiblo thc cveml maoioipalities to ratify aH sueh rsilroad aid bunds as have becu issucd and dnüvered to partios in good faith. Benidep tho bo:als which have been used, aud are ivw i" Iho hands of innocent purchasers and hulders, there is an other p.nd much largor cIhs, wliich have been voterd, mado and depogited wilh the State Treauror, but mtdeüvered to the compsnicK fnr wliosc bi'iietit théy were (tP!gned; of these tlure is now in (he office of the trnasurer the sum of $3,710,875 80, which migbt be dividod into several claese, but for present purpoaes I ihail consider them as of two claeses only : First. Such as havo been pledgftd to roads that are being constructed, and on which expendieres of labor and money to a greater or less extent have been made, ia nnticipution of the aid eo voted. Second. Such as have been regularly voted. and deposited with the Treasurcr for tho benefit of proposed roads, but on which no work liasyet been done. In some cases, bonds ecibrticed in the first of the two classes named were nearly earned by railroad cornpanies, and had been negotiatcd- and part of the purchase price advancod - before the decisión of the court had been rendered. It is Tiorthy of your considera'.ion, whct'ier good faith does not require provisión to ba made for ihis class alno. Vhe;l:er it is desirable, or the wish of the pe)p!e, that bereaftor, municipalitiesshould be authorized, upon any couditions, to aid n tho coustruotiou of railroadg, by donations, loans, or subseriptions for stock; niaj well be questioned. While it is not to be óenied that reilroads, whcrevor they ean be oonntrooted nd properly maintained, are of great convenionce and service to the people, and add largely to the value of property, and wliile it raust be admittcd that by means of municipal aid they are sometimcB constructed where, without such aid, tlu-y could not be had, I do not concoivo it equally clear, that thc principie is entirely correct, and I have seriou doudts as to the propriety ot' its further application. It ia foryouin your wisdom to deoide whether this questioa Bhall be placed before the peopie for their decisión at the approachiug JN'ovember electioD. _ The eubjei-ts preented for your conBideration' iuvolve principies and iotereBts of the greatest moment, no leas than the honor, oredit, and prospcrity of our uoble State. ïhey are hot wholly outiide of the past experience of the people of our own and otber States ; the teachings of tho pst should be most carefully ecrutinized, and whatover tendB to advanoo the real prosperity and cred it of tho Stato should be adopted, while that which experience bas t-hoiy;i to bo unsafo and daugerous should ba discarded. I 8ubmit these important matters for your consideratioii, with full confideuce that your oction will bo suofa as will receÏ70 tho approval of the peopla. HENKYP.BALDWIN. Executive Chamber, Laniiiug, July 27 1870. ' ' The following details of thc affair at Saarbrueken have been received : The fight began at 11 o'clook yesterday forenoon. The French passsd tho (routier in forco. Tho l'rusnians wero drivcn from their strong position by tho sharp artillery Hrc of tho French. " Tho lattcr remaiued masters of tho position, which they won without eerious loss. The Bmperor aud I'rince Imperial witnessud tUe conflict and returnud to Mctz to diouer.