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November 29, 1826,
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REFORT.
The Joint Committee of Council and Assembly, to whom
was referred the memorial of the Delaware and Raritan Ca¬
nal Company, praying a return of the bonus of One Hundred.
Thousand Dollars, paid to the treasurer of the state of New-
Jersey, by said Company; and also the petitions of sundry
inhabitants of the state of New-Jersey, praying that the state
may subscribe to the capital stock of said Company, and that
measures may be adopted for the completion of the canal, beg
leave to report,
That it appears t<v the committee, that on the thirtieth day
of December, one thousand eight hundred and twenty-four, an
act was passed by the Legislature of the state of New-Jersey,
incorporating the Delaware and Raritan Canal Company, with
a capital of eight hundred thousand dollars, and with power
to increase the same, if necessary, to any amount, not exceed¬
ing one million of dollars. This act authorized the Company
to construct a canal from the river Delaware to the river Rari¬
tan, and to take from the river Delaware, by means of a feeder,
water sufficient to supply the said canal. In the act it was
provided that the said Company should obtain the assent of
the state of Pennsylvania, to the taking the waters ol the Del¬
aware for the purposes of the canal and feeder ; and that if
such assent should not be obtained by the first day of June,
one thousand eight hundred and twenty-six, the act of incorpo¬
ration should be void.
The state reserved to herself one quarter part of the capital
stock of the Gompauy, "until the last day of the session
of the Legislature of this state," succeeding the time,
when the said company should obtain the assent of the Legis¬
lature of Pennsylvania to the waters of the Delaware river,
and made it optional with the Legislature of New-Jersey, to
accept, at such session, of the said one fourth part of the capi¬
tal stock, or any portion thereof, for the benefit of the state. In
part consideration of this grant, the said Company were bound
by the act to pay into the treasury of the state of New-Jersey,
the sum of one hundred thousand dollars, within ninety days
after the consent of the state of Pennsylvania should be ob¬
tained. Application was shortly after made by the Company
to the Legislature of Pennsylvania, for the necessary assent
to carry into efleçt the provisions of their charter ; and upon
4
such application, the Legislature of Pennsylvania pesspd her
act of the day of March, cue thousand eight hundred
and twenty-five.
Within ninety days af.crthe passing of tins art,, *is. en -he
twenty-fourth day of June, eighteen hundied ri:<< ;weti'; -s' e.
the Cmppany paid to Citarles Parker, E-ijuirp, treasurer of
the slate, the sum of one hundred thousand dollars, and ob¬
tained his receipt. The Ltgis'a'.utv of New-Jersey, at their
next s'ssu.n, in the fall of eigi te u hundr-d and twenty-five>,
refused to recognize this sum t»<us paid to the treasurer, as the
property of the state ; and declared that the as-ent of Pennsyl¬
vania had not been obtained ; an»', that the Legislature was not
at that lime bound to declare its inun'ions o i to respect to the
acceptance of the reserved stock. Application was again made
by the Company to the state of Pennsylvania, for the assent
required by the charter; and on the twenty-eighth day of
March, one thousand eiglit hundred and twenty-six, the Le¬
gislature of thai state passed another act on this subject, enti¬
tled "An act to declare the consent of the Legislature of the
commonwealth of Pennsylvania, to use the waters of the river
Delaware, for the purposes therein mentioned," This act re.
pealed the former law of eighteen hundred and twenty five,
and is appended to this report.
The Delaware and Karitan Company now contend, that
this act of Pennsylvania does dot give to the Company the
assent contemplated by the charter; that some of its provis*
ions are burthensome and oppressive ; some inconsistent with
the terms of the charter, and impossible to be complied with,
and others derogatory to the honor and dignity of the state of
New-Jersey. They further contend, that inasmuch as the
consent of Pennsylvania has not been obtained, within the time
limit« d by the charter, that the grant is void by its own terms;
and therefore they pray that the state may direct tbeir treasur¬
er to return to them the sum so paid as aforesaid, with the in¬
terest, if any, that may have accrued thereon. On the other
hand, numerous petitions have been presented from diflcrent
parts of the country, praying that the state may elect to accept
the reserved stock of the Company, and that measures may be
taken for the progress and completion of the canal.
In considering these conflicting opinions and interests, your
committee were led to inquire, in the first place, into the prupri.
^ty of an acceptance at this time on the part of t; e state of
New-Jersey, of the stock reserved for its use, by the charter of
the Company. And upon this subject, they are of opinion, that
such acceptance, under the existing law of Pennsylvania,
o
would not comport with the interest or integrity of the state.—
The rights cl imed by Pennsylvania, to repeal her act, and
annul the privileges granted by it on the happening of certain
contingencies, and to regulate the rate of tolls on the feeder and
canal, cannot be acceded to. New-Jersey will never recognize,
even by implication, the claim of anottier state, virtually to re¬
peal her laws, and legislate within her territory. Should she
become a subscriber to the capital stock of the company she
must, in like manner with others, become subject to the terms
imposed by Pennsylvania. And should New-Jersey, at a fc.
ture day become the owner of the canal, as was originally con¬
templated by the act of incorporation, she would still remain
bound by the terms of the contract ; and of course, subject to
the .requisitions of a powerful neighbor.
New-Jersey, as an independent sovereignty, has an un¬
doubted right to take for her own exclusive purposes from
the river Delaware, as much water as she may require ; pro¬
vided the navigation of the river is not thereby seriously inju¬
red This right, with its corresponding limitation, grows out
of the situation of the two states ; the river Delaware being
their common boundary. New-Jersey has not on her part,
sought to extend this right. The enactment of Pennsylvania
virtually denies, and actually impairs it; and to this the state of
New-Jersey can in no wise assent.
Without further remark on this branch of the matter sub«
mitted, your committee beg leave to state, that in investigating
the rights and duties of the Delaware and Raritan Canal Com¬
pany under their charter, taken in connection with the existing
law of Pennsylvania; it became necessary to inquire whether
by that law, the Legislature of Pennsylvania had given their
assent to the use of the waters of the Delaware, in such man.
ner as to enable them to prosecute their undertaking, within
the terms of their charter. The committee fully believe, that
the Company in their endeavors to procure the assent of Penn¬
sylvania, acted in good faith. The ageuts to whom this deli¬
cate negotiation was entrusted, were men of acknowledged ta¬
lent, eminently qualified for the task : and their high charac¬
ter leaves no room to question their sincerity or zeal. They
obtained the best terms that could be procured. Without ex¬
pressing any opinion on the right of Pennsylvania to annex
terms to her assent to the use of the waters of the Delaware,
so far as the Company alone are concerned ; the committee are
constrained to say, that from the best view they have been
able to take of the subject, they believe, that the law of
Pennsylvania contains restrictions and conditions, seme of
o
Which are oppressive, and others inconsistent with the terms
of tl c er.int, which the Company have received from the state
of New Jersey. They cannot progress in their work without
Legislative aid. Their charter must be materially altered, or
they cannot meet the requirements of the Pennsylvania law.
Terms have been imposed, on which depend the existence of
their chartered rights ; and yet. a compliance with these terms
is made to fiepend not on the will and consent of the Compa¬
ny, but on the will and consent of a future Legislature of the
state of New Jersey ; acting upon an application of the state
of Pennsylvania ; which application if granted, maybe highly
injurious to the interest of the Company ; and if refused may
involve them in utter ruin. Such a state of things rould not
have been contemplated either by the company or the states
Your committee, after a p .tient hearing and investigation,
have arrived at the conclusion that the assent of Pennsylvania
bas not been obtained, in the manner intended by the act of in¬
corporation ; and that as the time limited for obtaining that as-
assent is passed, the said act has become void by its own pro¬
vision.
They are further of the opinion, that the payment by the
Company, to the treasurer of the state, under the first law of
Pennsylvania, was made as a measure of safety, and out of
abundant caution. The sum paid has never been distinctly
recognized a9 the property of the state, and in the judgment
of the committee, it ought not now to be retained.
They therefore recommend the adoption of the following
resolution :
Resolved, by the Council and General Assembly of this
state, That the treasurer of this state be authorized to pay to
the said Delaware and Rnritau Canal Company, or their law¬
fully authorized agents, the said sum of one hundied thousand
dollars, received by him from the said Company, on the twen¬
ty-fourth day of June, onethousaud eight hundred and twenty-
five. together with the interest, if any, that may have accrued
thereon.
COMMONWEALTH OF PENNSYLVANIA.
AN ACT to deciare the consent of the Legislature of the Commonwealth
of Pensylvania to use the waters of the river Delaware, for the purpo¬
ses therein mentioned.
Sec. 1. Be n ejected by the Senate and House of Représentatives of
the Commonwealth of Pennsylvania, in General Assembly met, and it is
hereby erected by the authority of the same, That it shall and maj be
7
lawful for the Delaware and Raritan Canal Company, incorporated under
and by virtue of the said act of the Legislature of the state of New Jer¬
sey, entitled " An act to incorporate the Delaware and Raritan Canal
Company," passed December thirtieth, one thousand eight hundred and
twenty-four, to use the waters of the river Delaware to supply with wa¬
ter, from any part of the river Delaware, a canal from the waters of the
river Delaware to the waters of the river Raritan, to be constiucted by
the said company under the said act, and also to make, erect, and form
all such locks, devices, and other works as may be necessary or conveni¬
ent to complete the said artificial navigation, without obstructing or other¬
wise injuiing the ascending or descending navigation of the river Dela¬
ware. Provided always—
1st. That the waters shall be taken from the river Delaware by means
of a feeder, to be so constructed as to form a navigable canal, at least forty
feet wide at the surface, and five feet deep throughout, which shall com¬
mence on the river Delaware, within tea miles of the mouth of the river
Lehigh, and throughout ita wIiaIa course shall be located within one mile
of the river Delaware, and shall unite with the Delaware and Raritan
Canal within the bounds of the city of Trenton, and not more that) two
miles and a half from the tide waters of the river Delaware, by the course
of the main canal, so as to facilitate as much as possible the communica¬
tion between the upper and lower waters thereof ; and the locks of the
feeder 9hall not be less than eighty feet in length, and ten feet wide be¬
tween the hollow quoins, and the feeder shall be connected with the river
Delaware by lock or locks of similar dimensions, below the New-Hope
Delaware Bridge, and within one half mile thereof.
2d. That the said canal, from the waters of the river Delaware to the
waters of the river Raritan, to be thus supplied with water, shall be at
least sixty feet wide at the surface, and eight leet deep throughout ; and
the locks on the said canal shall not be less than one hundred feet in
length, measured between the hollow quoins, and twenty-two feet in
width at bottom, and between the hollow quoins; and that no side cut;
or lateral branch of the said canal, or of the feeder, to be supplied with
water from the river Delaware, shall be constructed without the previous
consent of the Legislature of Pennsylvania, except such cut or cuts,
branch or branches, as may be necessary or convenient for connecting
the said feeder with the river Delaware.
3d. That the said canal shall be extended on the Raritan river below
the middle ground shoal, and if not extended on the middle ground shoal
on the Raritan, then the said Delaware and Raritan Canal Company shall
remove all shoals, sand bars, banks and other obstructions in the said
river Raritan, so as to afford a safe and easy navigation forever, from the
entrance of the said canal down and up the saiu river Raritan, of not
less than eight feet water at all times, in thé channel.
4th. That the said canal and feeder shall be commenced on or before
the first day of June, one thousand eight hundred and twenty-seven, and
completedon or before the first day of January, one thousand eight hun¬
dred and thirty-three.
5th. That the said feeder and canal, when completed, shall forever
thereafter be esteemed and deemed a public highway, free for the, trans¬
portation of any goods, commodities or produce whatsoever, on the pay¬
ment of the established tolls, which shall not exceed one cent per ton per
mile, for every ton weight of the ascertained lading of any boat, craft or
other vessel engaged in the transportation of commodities from the river
Delaware to the river Delaware. Providti, That the rate of tolls charged
8
on any 9uch boat, ark, craft, or other vessel, and the lading thereof, ehaU
in no case^exceed the rate of tolls charged on others of the seme kind)
navigating from ihe river Delaware, or any part thereof, to the Raritan,
Or any intervening point of the said canal, and that the s^tne rate of tolls
shall be paid on boats, arks, craft and vessels, and the lading thereof,
passing on the main canal from the Delaware to the Raritan, as on those
passing from the Raritan to the Delaware, or from any intervening point
thereof, Provided, That nothing herein contained, shall be so construed
as to prohibit the said company from demanding and receiving on boats
ascending tlie said feeder, the actual lading of which shall not exceed in
Weight, the one half of the ascertained burthen thereof, one half cent pec
ton per mile, for eveij ton weight of such ascertained burthen.
Sec. 2- And be it Jur her enacted by the authority aforesaid, ','hat if the
Legislature of Pennsylvania shall hereafter pass an act authorizing the said
"the Delaware and Raritan Canal Company" to construct a canal in the
county of Bucks, in the state of Pennsylvania, from or near the head of Biles*
fcreek, to a point at or near the Steani Boat wharf, near or any tn-
termediate points through Pennsbury manor, to correspond ih its dimension©
and locks with the Delaware and Raritan canal, with apt and proper corpo¬
rate powers and similar tolls, privileges, and immunities, as is granted to the
said Company by the act of incorporation of the state of New-Jersey, (except¬
ing the restriction as to canals and rail-roads within ten miles thereof,) that
then, and in that case, if the said "the Delaware and Raritan Canal Compa¬
ny," shall omit, neglect, or refuse, to construct and complete the canal through
Pennsbury manor, within three years after the passage of such act, the Legis¬
lature of Pennsylvania shall have full power to alter or repeal this act, and
the privileges hereby granted to the Delaware and Raritan Canal Company,
Provided always, that nothing herein contained shall be construed to prevent
tJie state of Pennsylvania from taking any other measures for the construe?
tion of the said canal, previous to the passing of such act as is herein before
referred to in this section.
Sec. 3. And be it further enacted by the authority aforesaid, That if at any
time hereafter it shall appear to the Legislature of Pennsylvania, that in con¬
sequence of the construction of the said feeder and canal there is a diminution
in,the depth of the water of the river Delaware, exceeding two inches, and
that such diminution seriously and injuriously affects the navigation thereof*
or that the said " the Delaware aud Raritan Canal Company," shall fail to
construct and keep in repair the said feeder, so as at all times to afford a good
ascending and descentihg navigation for boats pr other craft, or if the said
Company shall use the waters of the said feeder, or the çanal for any other
purpose than that of navigation, or if they shall directly or indirectly engage
in any monied, commercial, manufacturing or mining concern, or in any other
business whatsoever, except such as may be necessary or proper for the con¬
structing of such canal, feeder, and appurtenances, and the performance of
the several functions of a canal company, that then, and in either of the above
mentioned cases, the said Legislature shall have/ull power to alter or repeal
this act, and annul the privilges hereby granted to the pelaware and Raritan
Canal Company.
Sec. 4. And be itfurther enacted by the authority aforesaid, That if at any
tiipe hereafter the state of Pennsylvania should authorize the making of a ca¬
nal on or near the banks of the Delaware, for the purpose of improving and
extending the common navigation, trade, and commerce of the states of Penn¬
sylvania and New-Jersey and desire the co-operation of the state of New-Jer¬
sey in the same, and for that purpose, to give her consent to use the waters of
the Delaware of like quantity, then, and in that case, if the state of Nçw-Jer¬
sey should refuse, upon application for that purpose, to give sijch consent, the
state of Pennsylvania reserves to herself the right to repeal thiS act, and annul
the privileges hereby granted to the Delaware and Raritan Canal Company.
Sec. 5. And be it further enacted by the authority aforesaid. That the act
entitled "An act relative to the Delaware and Raritan Canal' Canal, to be con¬
structed in the state of New-Jersey," be, and the same is hereby repealed.