l£x ICtbrts 
 
 SEYMOUR DURST 
 
 When you leave, please leave this hook 
 
 Because it has heen said 
 "Sver'thing comes t' him who waits 
 
 Except a loaned hook." 
 
 Avery Architectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Library 
 
A fair representation of the contemplated Rail-Road in Broadway. 
 
 Citizens who travel on foot and in carriages, Cartmen, Porters. Milkmen, Rakers 
 and all others who pass the public streets are invited to examine the following ac- 
 curate sketch, showing that Two Carriages cannot pass in Broadway in any part 
 exclusive of the Rail-Road; and that the Bowery, exclusive of the Hail-Road, is 
 turned into a 30 feet street in the widest part, and to an Alley of 9 feet in the nar- 
 rowest part. Where are the people to dump and saw their wood ? How are carts 
 to be backed up to unload 1 How are carriages to wait (or ladies when shopping ? 
 What is to be done with snow off the side walks ? Lastly, where is that portion of 
 the street, devoted by law to Builders I 
 
 A Load of Hay or Straw being from 10 to 12 feet wide, how is it to pass at all 
 if a train of Cars is to be continually passing up and down the Rail ways ! 
 
 
 4 
 
 f 
 
 
 < : 
 
 
 V2 
 
 
 
 Side Walk % 
 
 J 
 
 
 
 
 
 Cort& Carriage Way £ lf|P 
 
 
 BROADWAY ^ Roil Road Privilege M § ^5]^ 
 
 
 1 Cart &. Carriage Way % 
 
 
 
 
 % 
 
 
 j Side Walk § 
 
 CI 
 
 | Liberty 
 
 f 
 
 I 
 
 
 
 
 // 
 
 
 
 
 •s 
 
 f j . Side Walk \ 
 
 
 > 
 
 
 
 \ Carf^Carr/ajfcWay ^ 
 
 
 
 
 
 °." Ra H ~K ~ad TrTvil 7-qe °- 3 
 
 —s — : — — - :^::ir::i-: 
 
 BROADWAY S 
 
 
 
 
 
 
 
 j Ca rt Carriage Way £ 
 
 
 >- 
 
 k 
 
 
 j Side Walk 2 
 
 1 
 
 
 
 
 
 / J 
 
 
 
 
 a 
 
 Whether, because the Cars being fixed on the Rail- Road and incapable of 
 turning to the ri<rht, as the law directs, those laws must be changed to accommodate 
 them, and travellers compelled to turn out of the way for the convenience of those 
 Cars ! And whether, destruction of property, loss of time and often life may not be 
 expected to ensue ! And whether, so many inconveniences will not multiply con- 
 tentions and law suits between the Rail Road Company and the people molested 
 by them ? * 
 
REPLY 
 
 TO A PAMPHLET ENTITLED 
 
 'A STATEMENT OF FACTS 
 
 IN RELATION TO THE ORIGIN 
 
 PROGRESS AH T B PROSPECTS 
 
 OF THE 
 
 JVJE TV* I • 11 K JtJTJD H*1RJL M JfM 
 
 NEW-YORK : 
 Printed by Peter Van Pelt, 7 HSankfort-street, 
 
 £833, 
 
,N55> 
 
 AT an adjourned Meeting of the Committee opposed to the 
 HarlaBm Rail Road being extended through the public streets of 
 the City of New- York, held in pursuance of notice, at Tammany- 
 Hall, on Friday (he 8th inst.— 
 
 James N. Wells, was appointed Chairman pro tern., and L. P. 
 Jordan, Secretary. 
 
 On Motion y Resolved. — That the Sub-Committee appointed at 
 the last meeting of the Committee now Report. When the fol- 
 lowing reply was reported, in answer to the Circular recently pub- 
 lished, by order of the Directors of the Harlsem and New-York 
 Rail Road Company. 
 
 Resolved — That this Committee approve and accept the reply 
 reported by Mr. Ely Moore to (i a Statement of Facts in relation 
 to the Origin, Progress, and Prospects of the New-York and Har- 
 lsem Rail Road Company." That three thousand copies be 
 printed for circulation ; and that one hundred of said copies be 
 sent to the Members of the Legislature. 
 
 Resolved — That the proceedings of this Committee be signed 
 by the Chairman and Secretary, pro tern, and published. 
 
 JAMES N. WELLS, Chairman pro tern, 
 
 L. P. JORDAN, Secretary jwo tern* 
 
 * 
 
The publication before us, appears to be an official one, 
 made by order of the Board of Directors, and signed by the 
 President and Secretary. It professes to give a statement 
 of facts relative to the origin, &,c. &c. of the New- York and 
 Harlaem Rail Road Company. Its acknowledged object 
 is to allay the hostility so strongly manifested toward the 
 contemplated project of constructing rail roads through the 
 principal thoroughfares of our city ; and to show, that the 
 proposed measure, would, if carried into practical opera- 
 tion, essentially contribute to the interest, convenience and 
 welfare of the Citizens generally. 
 
 How far the facts and arguments adduced, are calcula- 
 ted to achieve the object intended, remains to be seen. 
 That the authors of the " Statement" have taxedjtheir in- 
 genuity to the uttermost, and availed themselves of every 
 argument calculated to have a favourable and auspicious 
 bearing upon their subject, is sufficiently manifest. 
 
 Ere we proceed to animadvert upon the Report of the 
 Directors, or to canvass the conduct and pretensions of the 
 Company, we would remark, and we wish the remark to 
 be borne steadily in mind, that in opposing their views, we 
 have no selfish interests to subserve — no private wrongs to 
 redress — no animosities to gratify, and that we are actuated 
 by no other motive, feeling or consideration under heaven, 
 than a becoming regard for what we conceive to be, the 
 rights and interests of our fellow citizens. 
 
 We proceed to comment on this official publication with 
 some degree of reluctance ; because it is always an unplea- 
 sant task, to assail the measures or condemn the conduct of 
 our fellow men. 'Tis infinitely more grateful to the feel- 
 
1 
 
 ings, to dwell upon the virtues, beauties and excellencies of 
 mankind, than either to pourtray their follies or expose their 
 faults. Justice, however, frequently demands that com- 
 miseration should yield to her sterner mandates, and hence 
 the propriety of correcting at this time, several of the " state- 
 ments," and exposing the futility of some of the arguments 
 contained in the Pamphlet put forth " by order of the Di- 
 rectors." We shall remark upon the statements and argu- 
 ments in the order in which they occur. 
 
 The Pamphlet sets out by stating that " in the year 1830, 
 a number of public spirited citizens, observing the rapid 
 growth and extension of this metropolis, became impressed 
 with the necessity of devising some means of increasing the 
 facilities of communication between the inhabitants of dis- 
 tant parts of the island, &,c." From which statement it 
 would seem, that the project of occupying a large portion of 
 some of our most public streets, by railways, was conceived 
 in patriotism, and has been prosecuted thus far, with a view 
 to the interests and convenience of the citizens generally. 
 We cheerfully approve the motives which (we are told) 
 suggested the enterprize, and stimulated the originators to 
 the undertaking. It is indeed gratifying to indulge the 
 thought, that a set of men should abide with us, so disinter- 
 ested, and so perfectly free from avarice, in this speculating 
 and money-grasping age — and possessing withal, such inde- 
 fatigable patience — such superlative patriotism and un- 
 bounded benevolence, as to persevere in their efforts to be- 
 nefit their fellow citizens, in despite of their inclinations and 
 urgent remonstrances ! 
 
 After giving a history of the origin of the project, the 
 pamphlet proceeds to speak of " the amazing efficacy, 
 utility, comfort and cheapness of iron rail roads already ex- 
 hibited in Europe and America." So far as regards the 
 principle, we perfectly agree with the authors. A superior 
 means of transportation, has never, perhaps, been devised 
 by man, than that of iron railways. It does not follow, 
 however, that it is either lawful or expedient to introduce 
 
5 
 
 them into our city, especially so long as three fourths of the 
 population are opposed to the measure* 
 
 We would not willingly charge the authors of the Pamph- 
 let, with a design to divert the minds of the citizens from 
 the true and direct question under consideration, by expa- 
 tiating upon the efficacy and utility of rail roads. If that 
 was not their intention, however, we confess that we know 
 not what it was. That rail ways are of great convenience 
 and utility when properly located, none will dispute ; — and 
 the same may be said of canals — but who would contend, 
 therefore, that a canal was necessary between Wall street 
 and Twenty-third street, or between Harlsem River and the 
 Battery 1 " Rail roads are highly beneficial — are of the 
 greatest efficacy and utility," say the authors of the 
 Pamphlet, and would thereby have us infer, that it is indis- 
 pensable to our convenience and comfort, to have the best 
 portion of our most prominent streets permanently ob- 
 structed by means thereof, and that too, in defiance of our 
 wishes. And what is the reason assigned by the advocates 
 of the measure ? " Why, that rail roads are of great 
 utility." How potent, the argument and how pertinent the 
 case in question ! Of such great utility are they, that the 
 Directors would persuade us, they were necessary, even in 
 such locations/where they are neither wanted nor required! 
 
 As the authors have neglected to include in their " State- 
 ment of Facts," the charter of the Company, we shall take 
 the liberty of supplying the deficiency in part, by presenting 
 to the reader the following sections : — 
 
 AN ACT to incorporate the New- York and Harlcem Rail 
 Road Company* 
 
 Passed April 25, 1831. 
 
 The People of the State of New- York, represented in 
 Senate and Assembly, do enact as follows : 
 
 § 1. Benjamin Bailey, Mordecai M. Noah, Benson 
 M'Cown, James B. Murray, Charles Henry Hall, Moses 
 Henriques, Isaac Adriance, Thomas Addis Emmet, Gideon 
 
6 
 
 Lee, Silas E. Burrows, Samuel F. Halsey, Cornelius Har- 
 sen, and Robert Stewart, with such other persons as shall 
 associate with them for that purpose, are constituted a body 
 politic and corporate, by the name of the JNew-York and 
 Harlaem Rail Road Company, with power to construct a 
 single or double rail road or way, from any point on 
 the north bounds of Twenty-third street, to any point on the 
 Harlaem River, between the east bounds of the Third ave- 
 nue and the west bounds of the Eighth avenue, with a 
 branch to the Hudson River, between One hundred and 
 twenty-fourth street and the north bounds of One hundred 
 and twenty-ninth street, to transport, take, and carry pro- 
 perty and persons upon the same, by the power and force 
 of steam, of animals or of any mechanical or other power, or 
 of any combination of them which the said company may 
 choose to employ, and by that name, they and their succes- 
 sors shall be, and they are hereby vested with the right and 
 privilege of constructing, erecting, building, making and 
 using a single or double rail road or way for the purpose 
 aforesaid, and for the term of thirty years from the passage 
 of this act. 
 
 § 2. If the Corporation hereby created shall not, within 
 six months from the passage of this act, locate the route of 
 said rail road or way and the branch to the same, and make 
 a survey of such location, and file a map thereof in the re- 
 gister's office of the city and county of New- York, and 
 within two years from the passage of this act commence, 
 and within four years from the passage of this act construct, 
 finish, and put in operation the said single or double rail 
 road or ways, then the said corporation shall thenceforth 
 for ever cease, and this act shall be null and void ; but no 
 such map shall be filed until the same shall have been sub- 
 mitted to and approved by the Common Comncil of the City 
 of New- York ; such approbation shall be expressed by a 
 joint resolution of the said Common Council, declaring their 
 approbation of the map, and of the route of the said rail road 
 indicated therein. 
 
7 
 
 § 1 0. The said [corporation is hereby authorised to con- 
 struct, erect, build, make and use a single or double rail road 
 or ways, of suitable width and dimensions, to be determined 
 by the said corporation, on the line, course or way, selected 
 or designated by them in manner aforesaid, and shall have 
 power to regulate the time and manner in which goods and 
 passengers shall be transported, taken and carried on the 
 same, and shall have power to erect and maintain toll- 
 houses and such other buildings for the accommodation of 
 their concerns, as they may deem suitable to their interests : 
 The said corporation shall not take any lands without the 
 consent of the owner or owners thereof, exceeding forty feet 
 in width from east to west, and shall, in case of their'Jocating 
 the route of the saidrail road in'or along any public street or 
 avenue now laid out on the map or plan of the City of New- 
 York, leave sufficient space in the said street or avenue on 
 each side of the rail road for a public highway for carriages, 
 and for a side walk for foot passengers. 
 
 § 12. It shall be lawful for the company hereby incorpo- 
 rated, from time to time to fix, regulate and receive the tolls 
 and charges by them to be received for transportation of pro- 
 perty or persons on the single or double rail road or ways 
 aforesaid, hereby authorised to be constructed, erected, built, 
 made and used. 
 
 § 13. If any person or persons shall wilfully do or cause 
 to be clone any act or acts whatever, whereby any building, 
 construction or work of the said corporation, or any engine, 
 machine or structure, or any matter or thing appertaining to 
 the same shall be stopped, obstructed, impaired, weakened, 
 injured or destroyed, the person*or persons so offending shall 
 forfeit and pay to the said corporation double the amount of 
 damages sustained by means of such offence or injury, to be 
 recovered in the name of the said corporation, with costs of 
 suit, by action of debt. 
 
 We solicit the attention of the public to the preceding sec- 
 tions, especially section 13, from which it appears, that 
 every individual, who shall wilfully do, or cause to be done, 
 any act whatever, whereby any matter or thing, appertain? 
 
8 
 
 ing to the said corporation, shall be stopped or obstructed, the 
 party so offending shall forfeit and pay to the said cor- 
 poration double the amount of damages sustained, &c. 
 What would be regarded as an obstruction, and what would 
 constitute an obstruction wilful ? The company either 
 have an exclusive right to that portion of a street occupied 
 by their rails, or they have not.' That they have no such 
 right, is clear. It follows, then, that the owners of carts, 
 and vehicles of every description, have the same right to tra- 
 verse that portion of a street occupied by the rails of the 
 company, as the cars of the company have. If a cartman, 
 for instance, should think proper to occupy a portion or the 
 whole of the rail track from Wall-street to Twenty-third 
 street, and to let his horse travel at the rate of one mile an 
 hour, it could not be regarded as a legal obstruction, al- 
 though it would be an obstruction in fact to the rail road 
 car. That part of the law then, being virtually a nullity, 
 it is plain that the project could not succeed in the dense 
 part of the city, especially so long as a large majority are 
 opposed to it, and would consequently, embrace every op- 
 portunity to embarrass the operations of the company. It 
 is not necessary to dwell upon this part of the subject. 
 Every man capable of reflecting, must perceive at once, 
 that if rail roads should be constructed through our streets, 
 that daily riots would inevitably occur, and the company 
 and the citizens be constantly involved in litigation. 
 
 Notwithstanding the extensive circulation which has re- 
 cently been given to the following act, we deem it proper 
 to call the attention of the public to it once more. 
 AN ACT to amend an Act, entitled "An Act to incorporate 
 
 the New-York and Harlcem Rail Road Company," passed 
 
 Aprils, 1831. 
 
 Passed April 6, 1832. 
 
 The People of the State of New-York, represented in 
 Senate and Assembly, do enact as follows : 
 
 § 1. The president and directors of the New- York and 
 Harlgem rail road company, are hereby authorized and 
 
9 
 
 empowered, with the permission of the mayor, aldermen 
 and commonalty of the city of New- York, to extend their 
 rail road along the Fourth Avenue to Fourteenth-street, in 
 the said city, and through such other streets in the said city 
 as the mayor, aldermen and commonalty may from time to 
 time permit, subject to such prudential rules as are prescribed 
 by this act, and as the said mayor, aldermen and commonalty 
 in common council convened, may prescribe. 
 
 § 2. The president and directors of said company are 
 hereby authorized to increase their capital stock to such sum 
 as may be necessary for the purpose aforesaid, and to issue 
 scrip therefor, but their capital stock shall not in the whole 
 exceed the sum of five hundred thousand dollars. 
 
 § 3. After obtaining the consent of the said mayor, 
 aldermen and commonalty, the said company shall not 
 construct any rail way in any street of the city of New- York 
 below Prince-street, until they shall have completed four 
 miles of their road above said street. 
 
 § 4. No carriage or vehicle shall be drawn or propelled 
 by any other than horse power throngh any street of said 
 city south of Fourteenth-street. 
 
 § 5. Every carriage or vehicle drawn or propelled on the 
 said rail road, shall be provided with suitable safeguards, 
 projecting in a descending direction to near the surface of the 
 rails, in front of each forward wheel, in such manner as to 
 insure the greatest safety against accidents. 
 
 § 6. No such carriage or vehicle shall be drawn or 
 propelled at a greater speed than at the rate of five miles an 
 hour in any street of said city, below Fourteenth-street. 
 
 It will be perceived by reference to the above act, that 
 the Rail Road Company, (with the consent of the Common 
 Council,) have a right, upon the completion of four miles of 
 their road, to lay their rails, and traverse with their cars every 
 street and avenue throughout the city. It is true, how- 
 ever, that the consent of the^Common Council has not as yet 
 been obtained for that purpose ; but judging from the past, 
 we are fully warranted in predicting, that such application, 
 if made, would not be rejectd. The consent of the Com- 
 
10 
 
 mon Council was necessary to. enable the company, in the 
 first instance, to continue their road, from the north line of 
 Twenty-third street to Fourteenth street — The application 
 was made, and succeeded. Subsequently, the company 
 applied to the Common Council for permission to extend 
 their rail way from Fourteenth street to the north line of 
 Prince street ; and again the application was promptly 
 granted. Jf, then, the past conduct of men affords a proper 
 criterion by which to judge of their future course, we have 
 every reason to believe that the present corporation would, 
 as soon as authorized, permit the company to construct rail 
 ways through all the principal streets and avenues in the 
 city. Fellow citizens " think of these things." 
 
 We will now resume the examination of the pamphlet 
 before us. 
 
 At page 5, the authors earnestly solicit the attention of the 
 public to'the limitations imposed upon the powers of the com- 
 pany. The various "ordinances" and " resolves" embracing 
 these limitations occupy some seven or eight pages, replete of 
 course, with wise restrictions and wholesome provisions ! It 
 must be confessed, however, that^the authors of the report, in 
 calling especial attention to the limitations of the company's 
 powers, and omitting to publish at the same time, the act of 
 incorporation, or even to allude to the various advantages 
 and facilities which they enjoy by virtue of their charter, 
 have displayed more tact than integrity. If we know aught 
 of the genius or character of the citizens of New- York, 
 this attempt of the company to persuade them into a 
 favourable opinion of the measure, will not prove very 
 successful. If all the limitations which the ingenuity of 
 man can devise, should be imposed upon the company, the 
 inhabitants of this city would not be satisfied, so long as the 
 company are authorized to encumber any portion of the 
 streets or avenues. Let them " gild the pill" as they may, 
 the public will not swallow it; and let the Corporation 
 impose upon the company, restriction upon restriction, still 
 dissatisfaction will prevail, until the offensive cause shall be 
 removed. The company may rest assured that opposition 
 
11 
 
 to their project will never slumber, until so much of the 
 acts of the Legislature, and the ordinances and resolutions 
 of the Common Council, authorizing the company to extend 
 the rail way into the city, shall be revoked. The people 
 will not suffer their rights to be invaded with impunity . 
 neither will they suffer those whose business and bounden 
 duty it was to watch over and protect them, but have not, 
 go unrebuked. 
 
 The authors of the report, after giving an interesting and 
 glowing account of the performances of the company, on 
 the Fourth Avenue, (the scene of their past and present 
 operations,) remark, " that nearly a mile of single track has 
 been laid in the paved part of the Bowery ; and the company 
 had indulged the belief that the visible demonstration of 
 that portion of the road, had effectually dispelled the needless 
 fears of its opponents. *****After this practical exhibition, 
 the company did hope, that they would be allowed to finish 
 their enterprise, without further molestation ; but their just 
 expectations have been disappointed." It would appear 
 that the " visible demonstration" and " practical exhibition 7 ' 
 has tended to excite rather than allay the hostility with which 
 the project has been regarded, from the time the company 
 first sought permission to embarrass our principal streets by 
 means of rail ways. Now it really appears to us, that the 
 company have no just cause of complaint under existing 
 circumstances. Before the people spoke out in the language 
 of decided disapprobation, they very wisely and justly 
 resolved to witness " the practical exhibition" and " visible 
 demonstration" of the project ; and after leaving done so, 
 pronounced it as with one voice, improper and impracticable. 
 Their fears and misgivings, so far from being removed by 
 the experiment, have been confirmed. So much for the 
 "practical exhibition" and "visible demonstration." 
 
 We regret that the Company have discovered such an 
 earnest and deep solicitude, for the success of that part of 
 their enterprize, which relates to extending their rails 
 into the paved part of the city. It appears to us, that the 
 liberal views and patriotic feelings > which prompted the un-r 
 
12 
 
 dertaking, would be answered, provided the road should 
 stop at the north line of Twenty-third Street, as was 
 first contemplated ! Should the Company persist, how- 
 ever, in urging their views and pretensions, the people 
 might eventually question their motives and doubt their 
 patriotism ; and however unfounded the suspicion might 
 be, still, the reflection would be painful to liberal and in- 
 genuous minds. We therefore would affectionately, but 
 earnestly entreat the Company, to bestow no further favours 
 (in the shape of rail roads) upon the citizens, until the citi- 
 zens require them. 
 
 The Pamphlet continues — " For several weeks an anony- 
 mous map or diagram has been most industriously circu- 
 lated, fraught with the most palpable misrepresentations. 
 Instead of the space, actually less than five feet, lying be- 
 tween the rails, this fanciful picture represents the Com- 
 pany as monopolizing, twenty-three feet of the road. **** 
 A double track would not occupy but thirteen feet, &c." 
 It is true, that the map or diagram, as stated in the above 
 extract, has no name attached. The gentleman, however, 
 under whose directions it was published, Mr. Benjamin 
 Birdsall, is well known to the public, as one of our most 
 public spirited citizens ; and who, we are conscious, was 
 actuated by no other motive, than a desire to protect his 
 own rights and those of his fellow citizens. It was gene- 
 rally understood at the time the diagram was published, 
 that Mr. Birdsall was the author. — He has uniformly 
 avowed himself as such ; and the only error into which he 
 seems to have fallen, makes in favour of the Company. 
 From Mr. Birdsall's diagram, it would appear, that the 
 Company are entitled to but twenty-three feet, in any one 
 of the public streets, when according to the grant from the 
 City authorities, they are entitled to twenty four feet. This 
 then is probably the " palpable misrepresentation," to 
 which the authors of the "Report allude. <k A double track, 
 if laid down," say they, " would occupy but thirteen feet 
 when the double track already laid down, actually occu- 
 pies fifteen feet and four inches^ as the following certficate 
 will show. 
 
13 
 
 CERTIFICATE. 
 
 This Certifies, that I have examined the sketches called 
 " A Fair Representation of the contemplated Rail Road in 
 Broadway and the Bowery," and find them to be correct, 
 agreeably to the tracks now laid down in the Fourth Ave- 
 nue, between Twenty-first and Twenty-second Streets, 
 which occupy fifteen feet and four inches. 
 
 Signed— ISAAC T. LUDLUM, 
 City Surveyor* 
 
 New- York, Feb. 21, 1833. 
 
 Whether the authors of the Report, in pronouncing Mr. 
 Birdsall's diagram " a deceptive representation, &c." have 
 not themselves been guilty of misrepresentation, the public 
 can now judge. 
 
 But say the authors of the pamphlet, " an effort has been 
 made to excite jealousy, by the cry of monopoly. How 
 can that be a monopoly which is subjected to the constant 
 controul of the public ? The public govern the use of the 
 road, and regulate its tolls, &c." The 12th section of their 
 act of incorporation, reads as follows : — " It shall be lawful 
 for the company hereby incorporated, from time to time, to 
 fix, regulate and receive the tolls and charges by them to be 
 received for transportation of property or persons on the 
 double or single rail road or way aforesaid, hereby authorized 
 to be constructed, erected, made, built and used." How is 
 this ? Are we to consider the company and the public, one 
 and the same — an identity, an unity ? The authors of the 
 report tell us, " that the public govern the use of the road, 
 and regulate its tolls," whilst the act of incorporation 
 expressly declares, that the company have the power to fix, 
 regulate and receive the tolls and charges. It is true that 
 the rates and tolls are regulated by the public, south of 
 Twenty-third-street. But would the company contend 
 therefore, that they had no monopoly, because the public 
 regulate the tolls and charges within certain limits, when at 
 the same time, the residue of the road is to be under their 
 controul, especially as relates to regulating tolls and charges 1 
 The company, we hope, did not mean to mislead the public 
 
u 
 
 by revealing but half of the truth. If it is not a monoply 
 on that section of the road, where the public regulate the 
 tolls and charges, it is, a monoply on that part of the road 
 where the public do not regulate the tolls and charges. 
 Admitting the correctness, then, of the company's mode of 
 reasoning, it would be a monopoly from Twenty-third-street 
 to HarlaBm river, according to their showing. What a 
 jewel is consistency ? 
 
 Again — we have no monopoly, say the authors of the 
 report,neither practically nor legally, because the Legislature 
 may, at any time, repeal the charter, or incorporate rival 
 companies. The Corporation may, at any time, regulate 
 and reduce its profits, or terminate its very existence, by 
 ordering its rails 6 to be removed. 
 
 The principal reason assigned in the last extract, why the 
 company has no monopoly, is, that the Legislature may 
 repeal the charter, and the city authorities cause the rails to 
 be removed at their pleasure. It by no means, follows, 
 however, that the company may not!; have a monopoly at 
 one time, because, at some subsequent time, its operations 
 may be suspended. The arguments advanced by the 
 company, in this and many other instances, we regret to say, 
 are in bad keeping with the title of their pamphlet, and 
 their reiterated professions of candour and patriotism. 
 
 That the Common Council may cause the rails to be 
 removed, and thus terminate the operations of the company 
 south of Twenty-third -street, is not only possible, but very 
 probable. There is no good reason to suppose, however, 
 that the company will be interrupted or embarrassed in their 
 enterprise, by the city authorities, north of that line for 
 several years to come ; and for very obvious reasons. If 
 the company think proper then to continue the road from 
 that point to Harlaem river, and from Harlaem river to the 
 banks of the Penobscot, we say, " go on and prosper." But 
 ere they attempt to push their road further into the city, we 
 would repectfully solicit their attention and that of the public 
 to what we regard an important consideration, viz; — the 
 ability of the Common Council to suspend the operations of 
 
15 
 
 the company, at pleasure, by causing their rails to be 
 removed from the streets s and what renders such an event 
 more than probable, is the powerful opposition already organ- 
 ized and arrayed against the measure. Suppose, then, that 
 the bill now pending in the Legislature, authorizing the com- 
 pany (with the consent of the Common Council) to continue 
 the road to Wall-street, should become a law, or suppose the 
 company, upon finishing four miles of their road, proceed 
 (with the sanction of the city authorities) to construct rail 
 ways through various streets in the city. The expense 
 would be great in the first place ; and in the second place, 
 the prospect of their being permitted to remain, very doubtful, 
 as the very next corporation might oblige the company to 
 remove every rail, and restore the streets to the condition in 
 which they found them. Thus would the company be 
 continually at the mercy of contingents : what one Corporation 
 might permit them to do, another would compel them to undo j 
 the interest of the stockholders would thereby be injured, the 
 convenience of the citizens interfered with, and their rights 
 invaded. But this is not all. Should the company once 
 succeed in establishing their rail ways in several of our streets, 
 it would require a strong effort on the part of the people to 
 dislodge them, however obnoxious the measure 'might be 
 to the public interest and convenience. When we consi- 
 der that the company are authorised to increase their capi- 
 tal to five hundred thousand dollars ; and that they would 
 be urged by every motive that interest could suggest, to 
 maintain their rail road in the City when once established, 
 we cannot but indulge the apprehension, that an undue in- 
 fluence might be exercised upon our elections, and the seeds 
 of strife and contention scattered among us. 
 
 In page 13 of the Report, the authors hold the following 
 language : " The cartmen and hackmen of our city, are 
 abused by the assertion, that they are to be thrown out of 
 employment by means of this experiment. The supposition 
 is both unfair and unfounded. The rail cars through Broad- 
 wayand the Bowery, will transport precisely the same kind 
 of freight which is now transported in the seventy unweildly 
 
16 
 
 vehicles which already almost obstruct the public use of 
 those streets." 
 
 Whether the cartmen and hackmen are as much abused 
 " by the assertion, that they will be thrown out of employ- 
 ment," should the company succeed, as they would be, by 
 the " practical operation" and " visible demonstration" of 
 the enterprize, they, perhaps, can best judge. The princi- 
 pal reason, however, why these two valuable and deserving 
 classes of our fellow citizens, are, and ever will be, opposed 
 to the project, is, that the streets (the field in which they 
 seek and gain their livelihoods, and for the privilege of which 
 they pay a license) would be encumbered thereby ; in con- 
 sequence of which, they must either keep in constant col- 
 lision with the rail cars, or compelled to hug the curb 
 stones. How safe, comfortable, or convenient, either alter- 
 native would be, can, we presume, be sufficiently compre- 
 hended, without either the " practical operation" or " visible 
 demonstration." 
 
 The declaration that " the rail cars through Broadway 
 and the Bowery, will transport precisely the same kind of 
 freight, which is now transported in the seventy unweildly 
 vehicles, &c." strikes us as rather equivocal. It is not 
 stated that the rail cars will be confined to the transporta- 
 tion of " precisely the same kind of freight which is now 
 transported by the Omnibuses, but that they will carry the 
 same kind, &c." They forgot to add, no doubt, (for surely 
 public benefactors would not willingly deceive) and such 
 other kind of freight, as may contribute to the interest and be- 
 hoof of the said Rail Road Company, And what confirms 
 us in the opinion, that the above omission might have 
 been purely accidental, is the fact, that the company, by 
 their charter, are authorized to " fix, regulate, and receive 
 the tolls and charges by them to be received for transporta- 
 tion of property or persons on the single or double rail road 
 or ways aforesaid, hereby authorized to be constructed, 
 erected, built, made, and used." If any additional proof 
 were necessary to establish the fact, that the company de- 
 sign to transport property, as well as persons, in their cars, 
 
17 
 
 it is furnished in the Report of the Directors, at page 15, in 
 the shape of the following significant interrogatories — " fs 
 not the whole of the accumulated wealth of our vast interior 
 to be poured into this its great commercial emporium 7 
 And will not this, our City Rail v ond, become the great 
 central conduit through which these rich streams of pros- 
 perity are destined to flow?" That is, "our City Rail 
 Road is to become the great central conduit" through 
 which, not only men, women, and children, but pigs and 
 poultry, maize and rutabaga, are w destined to flow" ; un- 
 less we are to understand, that these k ' rich streams of pros- 
 perity." are to be the influx (per the rail read) of western 
 bipeds, exclusively. 
 
 The n^xt. and principal argument adduced by the authors 
 of the Heport. and the one upon which they seem chiefly to 
 rely is the following : — 
 
 " The whole body of our citizens has a large pecuniary 
 interest in maintaining this Harlaem Rail Road. The City 
 now owns nearly two hundred acres of land in the Twelfth 
 Ward, intersected by the Fourth Avenue, and divided into 
 ab< ut 2,500 building lots of full size, To excavate the 
 Fourth Avenue and grade it to Harlaem, would have cost 
 the City at least $ 300.000. By the continuation of this 
 Avenue to be made at the sole expense of the company, 
 the 2.500 building lots belonging to the City, have been 
 doubled in value, making a present actual gain of upwards 
 of $200,000, in addition to the $300,000 saved in grading 
 the \venue." 
 
 Our answer to this vaunted argument of the directors 
 shall be brief, but. as we conceive, conclusive The pro- 
 perty of the City situated in the Twelfth Ward, wil be 
 benefitted about as much, should the rail road proceed no 
 further into the (Aty, as it would, provided it should termi- 
 nate at Wall-street. No particular benefit then, could ac- 
 crue to the public from this consideration. And as to the 
 expense of regulating the Fourth Avenue — estimated at 
 $300,000— that would have to be defrayed by the Rail 
 
18 
 
 Koad Company, whether their road shall be permitted to 
 traverse the streets of the City or not. We ask then, how 
 the public are to be benefitted to the amount of g500,000, 
 by a rail road running from Twenty- third Street to Wall 
 Street (and let it be recollected that this is the real question 
 under consideration ) Had the authors of the Report, sub- 
 stituted the term stockholders for that of " citizens" in the 
 ab ove paragiaph, so that it had read " the whole body of 
 stockholders," instead of " the whole body of the citizens 
 has a large pecuniary interest in maintaining this Harlsem 
 Rail Road, and in getting it extended to Wall Street, &,c." 
 the force of the argument would have been perceived and 
 acknowledged at once ; but standing as it does, it will be 
 considered by many as an absurdity. As regards ourselves, 
 however, we can readily conceive how tiie authors of the 
 pamphlet fell into this apparent error. It is quite common 
 we know, for ingenuous and benevolent men, to speak as 
 they think and feel ; am) entertaining no other feelings than 
 those of universal philanthrophy, it was natural enough for 
 the Directors to speak of their interest, as the public in- 
 terest — and of the public interest, as their interest. To 
 show that we are not mistaken, in ascribing their efforts and 
 representations to a laudable and magnanimous desire for 
 the public weal, we will quote their own language — M We 
 know and feel, and therefore claim, that we are labouring 
 to aggrandize and enrich our City." — Statement of Facts, 
 page 15. 
 
 Another reason assigned by the company, why they 
 should be permitted to extend their rail road to Wall Street, 
 and upon which they appear to lay much stress, is, that the 
 Fourth Avenue may possibly become the channel under 
 which pipes will be laid, designed to supply the City with 
 pure water from West Chester ; but as this is rather a con- 
 jecture than an argument, it is sufficient to say in reply, 
 that the object alluded to in the Report, would be as readily 
 attained, should the road terminate at twenty-third. 
 
 AS AT WALL STREET. 
 
19 
 
 " Again," say the authors of the Report, " this company are 
 bound to keep more than half of the carriage way in the streets 
 through which their rails may be laid, in constant repair ; and the 
 City Treasury will thereby annually save a large sum, now dis- 
 bursed in repairing the ravages committed by the heavy loaded 
 omnibus coaches." 
 
 And why should the company not be bound to keep that part 
 of the street devoted to their use and benefit, " in constant re- 
 pair?" Their own interest would demand it — and as that is the 
 only license they are required to pay, we should think they might 
 very well afford it. They have not exhibited, however, the sum 
 saved to the City Treasury, by this experiment ; neither have 
 they informed us how far the amount for license paid by the 
 Omnibus proprietors, would go towards repairing the ravages 
 committed by their vehicles Are we to understand the company to 
 say, that the Omnibus coaches are to be driven from our streets, 
 by means of the rail road ? Such appears to be the import of 
 their language, and we consider the suggestion ungenerous as it is 
 unfounded. — Ungenerous, because it coldly calculates the destruc- 
 tion of those very men, who have contributed, by their splendid 
 " Accommodations," to the convenience of the citizens, and pro- 
 moted the interest of hundreds, (without infringing upon the rights 
 of any,) by increasing the value of property in the upper wards. 
 — Unfounded, because the people will not forsake their old friends 
 for the purpose of patronizing a legalized monopoly ; particularly 
 when the rail cars could not accommodate them within the limits 
 of the city, so well as the public stages. 
 
 The authors of the Report proceed, " To our mechanics the 
 rail road will yield the most valuable facilities. The upper part 
 of our island, being speedily and cheaply approached, will become 
 the seat of numerous and extensive manufacturing establishments ; 
 and the labour and capital now employed at Newark and other 
 neighbouring villages, will be concentrated in our own city." 
 Did we delight in destruction, we would deal with the paragraph 
 » last cited, as it deserves. But mindful of the exhortation " Tem- 
 per justice with mercy," we will not animadvert upon the motives 
 or abilities of those in whose brains 'twas fashioned, but simply 
 ask if the upper part of the island could not be cheaply and speedily 
 approached, by means of the rail road, (and thus the object of 
 affording facilities to our mechanics achieved,) unless the road 
 should terminate at Wall-street? 
 
20 
 
 " But," say the authors of the pamphlet, " the advantages of 
 this road do not stop here ; it opens other and wider prospects of 
 incalculable value to our metropolis. We take pride in predicting 
 that it is to form the main trunk of a mighty system of internal 
 communication, whose branches are to extend throughout our own 
 State, throughout i\ew England, and the whole interior of the 
 West." &c Well done! the authors of the Report, not only 
 CLAIM to be patriots and public benefactors, but prophets to 
 boot ! As the event f. retold however, is as yet, numbered among 
 the secrets of the future— and as we are somewhat sceptical in re- 
 lation to the verity of modern prophecy, we may be allowed to 
 doubt the fulfilment of the above prediction But granting all, 
 we cannot lor the very life of us. conceive why the Harlsein Rail 
 Road could not 44 form the main trunk of a mighty system of in- 
 ternal communication " without traversing either Broadway or the 
 Bowery to Wall street or the Howling Green. 
 
 At page 15 of the Report we find the following statement 
 " Already we are behind the age Liverpool, our commercial ri- 
 val, has brought her rail road not only into her city, but along her 
 docks " The above statement has been published to the world 
 as an unqualified FACT, b> order of the Directors of the New- 
 York and Harlsem Rail Road Company, and signed by the Pre- 
 sident and Secretary On the Company's account, most sincerely 
 do we regret it. The illiberal and suspicious will attribute this 
 erroneous statement to design, and charge the Company with a 
 deliberate and culpable intention to deceive the public, whilst the 
 more generous part of the community will reproach them tor not 
 availing themselves of correct information on the subject. Had 
 the company been in possession ol the lacts in relation to the Li- 
 verpool and Manchester rail road, they, no doubt, would have in- 
 formed us, that the road is not p nidi tea to enter any part oj < it her 
 of those (itus, upon the surface oj th ground — that passengers 
 art conveyed in omnibuses to the places ol starting, and that the 
 rail way traverses a sunterrauean tunnel ol a mile and a half in 
 lengti) through which heavy goods aie transported to the d eks 
 in Livt rpoool. Lei it not be supposed thai tne com pan) designed 
 to mislead the public, because in this, and various other instances 
 they have been so unfortunate as to be deceived themselves. 
 Then numerous mistakes ought to excite the sympathies, rather 
 than the reproaches of a generous people. 
 
21 
 
 Again we are told, that " Baltimore has introduced her rail 
 road into her leading streets, &c. ; and the fact oi her having 
 done so, is gravely and confidently urged as a reason, why New- 
 York should do the same thing Had the authors of the Report 
 compared for a moment, the local and territorial situations and 
 advantages of the two cities, they would have discovered, that 
 the circumstances were dissimilar, and consequently, the argu- 
 ment irrevelant— and, therefore, would no? have, we helieve, care- 
 lessly thrust it upon the world, absurd, impotent and unprotected 
 as it i* / 
 
 Let us for a moment compare the relative situations of those 
 two cuies New- York, singularly favoured, is situated almost 
 immediately on the sea coast and washed on either side by two 
 noble rivers, upon whose ample bosoms float the various products 
 of the east and west requires no other artificial facilities, than 
 those already afforded by her canals to enable her to command 
 the trade of a vast interior. W li i 1st Baltimore is necessarily de- 
 prived, by her location, from participating in any of the advan- 
 tages resulting from a ready communication with the great West, 
 except bi/ her mil roads— but by these means, she will be en- 
 abled to command the trade of the western States in geneiaL 
 She can hold in servitude every port between New York and 
 New Orleans, and even over these she will possess power to crip- 
 ple their energies, by communicating with the Susquehanna and 
 Ohio rivers The productions of the Washington and Ohio canal, 
 will seek and find their market at Baltimore by means of the rail 
 road The Susquehanna receiving the produce of the southern 
 branch of the trie canal, will make its deposit at its junction with 
 the Baltimore rail road, and thus a considerable portion of the 
 trade of New- York and Philadelphia with the interior, will be in- 
 tercepted. The Susquehanna and Ohio rail roads, embracing a 
 large portion of the State of Pennsylvania will greatly effect the 
 interest of Philadelphia By means of her canals, the >tate of 
 Ohio will make her deposits at the junction of the Ohio and Bal- 
 timore rail roads ; finding this a more safe conveyance than the 
 dangerous navigation 01 the Mississippi, and terminating in a more 
 advantageous market than could be found at New Orleans And 
 thus will Baltimore, by means of her rail roads again become the 
 mart where toe pruJuce and supplies oi the western c< untry will 
 be principally boug nt and sold, as was the case, until the great 
 
22 
 
 canal of New York, and the numerous steam boats on the Missis- 
 sippi and Ohio rivers, turned the current of the western trade. 
 
 Such, then, are some of the advantages resulting to Baltimore, 
 from her rail roads — and in order that those advantages should be 
 complete, and fully secured to her, it was necessary that the rail 
 road should e\tend through the city, to the navignble waters near 
 Fell's Point, because the expense of transporting the produce from 
 the Western Suburbs to the City Dock, (a distance of more than 
 two miles,) on carts or drays, would be about equal to that in- 
 curred on the whole route, between the banks of the Potomac and 
 the present depot ; and thus would the object of the great enter- 
 prize — an enterprize in which every Baltimorean feels a deep in- 
 terest, be partially defeated. It ought to be observed, however, 
 that the cars conveying passengers stop at the Depot in the 
 Western precincts of the City, and are conveyed from there to 
 Baltimore in omnibuses — and that Pratf-street, through which the 
 cars confined to the transportation of produce alone, are permitted 
 to run, is by no means the most public street in the city, but runs 
 parallel with the Patapsco, and lies but a short distance from its 
 margin. Look for a moment at the magnitude of the two pro- 
 jects — Compare the project of a rail road extending from Balti- 
 more to the banks of the Ohio — with a rail road (" which will 
 transport precisely the same kind of freight now transported by 
 lire omnibuses,") extending from Wall street to 23d-street, or even 
 to Harlccm Rivf rf and then make out the parallel, if you can. 
 We will not farther expose, at this time, the utter absurdity of this 
 argument of the Company's lest we should be charged with a 
 desire to trample on the dead. 
 
 Again — we are told, that "Philadelphia has admitted the 
 double tracks of her rail way into the heart ot her city " But 
 unless the authors of the pamphlet can make it appear, that the 
 heart of Philadelphia is situated on the outside, they will find 
 some difficulty in making out the above statement to be a 
 " FACT" — because Broad-street runs parallel with, and hard by 
 the banks of the Schuylkill, and is as far removed from the busi- 
 ness part of the city of Philadelphia, as the Fourth Avenue is 
 from the business part of the city of New-York ; and the authors 
 of the Keport must have been aware, that theie is more travelling 
 in Broadway or the Bowery in one day, than there is in Broad - 
 street at Philadelphia in one month. Yet they would persuade 
 
23 
 
 the public that the cases are parallel ! Alas ! that patriotism and 
 philanthrophy should so far lead men astray. 
 
 The authors of the report state in their diagram, that the cars 
 of the company will not run during snowstorms &c> Experience 
 seems to have taught them that the public could not be deceived 
 after having " the visible demonstration and persuaded therefore, 
 that the citizens were aware that if even thirteen feet should be 
 occupied by rail cars during the time of snow, that vehicles of * 
 every description, would necessarily be excluded from the streets. 
 The snow from the side walks and gutters frequently occupies for 
 weeks more than one third of the streets ; and if, in addition to 
 that, the snow from the rail road should also be thrown to the 
 sides of the streets the obstruction would be complete, and the 
 passage of carriages of every description rendered impossible. 
 With this objection before their eyes, they tell us that v the cars 
 will not run during the time of snow. But in their anxiety to 
 escape this difficulty, they have stumbled upon another. It will 
 be recollected that it has been taken for granted by the company 
 that if permitted to construct their rail road through the city, they 
 would drive the omnibus coaches from the streets. 
 
 We ask then, how 30,00! people, residing in the upper part of 
 this city, are to be accommodated during that part of the season 
 in which our streets are covered with snow, and when the citizens 
 most require to be conveyed to and from their respective homes 
 and places of business ? 
 
 We have now examined all the statements and arguments con- 
 tained in the Company's Report— not one, we believe, has escaped 
 our notice. How far we have succeeded in refuting them, we will 
 leave to the decision of a candid and discriminating public. 
 
 ELY MOORE, 
 
 Chairman,