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Durst Old York Library Digitized by the Internet Archive in 2014 http://archive.org/details/lawsofstateofnewOOnewy_0 LAWS OF THE STATE OF NEW YORK, IN RELATION TO THE ERIE AND CHAMFLAIN CANALS, ^TOGETHER WITH THE OF THE COMMISSIONERS, AND OTHER DOCUMENTS, REQUISITE FOR A COMPLETE <&fitciai pjtetorfi of tfcose of Secre- represented in Senate and Assembly, That the Secretary of State tary ° ta be, and he is hereby, authorised to collect and cause to be print- ed, all the laws hitherto passed, or which may be passed at the present session of the Legislature, in relation to the Erie and Champlain Canals ; together with the Annual reports of the Canal Commissioners ; and such other documents, as the Joint Committee on Canals, may deem requisite, for a complete official history of those works. II. And be it further enacted, That it shall be lawful for the pr J^ d t0 1x5 Joint Committee on Canals, on being furnished by the Canal Commissioners with correct maps, delineating the routes of the Erie and Champlain canals, and designating the lands through which they pass, whether belonging to, or conveyed by, individ- uals to the state, or for which damages have been or are to be appraised, to direct the Secretary of State to procure the same *o be engraved 4 canal Laws, kfc 1825. III. And be it further enacted, That the Treasurer of this * — ' state P a y? °n tne warrant of the Comptroller, such sum or sums pay expenses, of money, as the said comptroller may deem reasonable and proper, for defraying the expense of preparing, printing and en- graving the laws, reports, documents and maps aforesaid. Number of IV. And be it further enacted, That the number of copies of the fnd how to'be ' aws » reports, documents and maps, authorised to be printed and disposed of. engraved as aforesaid, shall not exceed one thousand copies ; six copies thereof shall be furnished to the Governor and Lieutenant Governor of this state ; one copy thereof to the clerk of each county in this state, for the use of such county ; and after re- serving a sufficient number of copies for the use of the Senate and Assembly, and for the state Library, that the residue shall be placed at the disposal of the Commissioners of the Canal Fund, to be distributed in such manner as they may deem proper. Copy right to V. And be it further enacted, That the Secretary of State ^ eBecured,&c * shall cause the copy right of the said laws, reports, documents and maps, to be secured according to law, and that it shall be lawful for him to make such arrangement with the publishers in relation thereto, as he may deem for the interest of the state. State op New-York, Secretary's Office, I certify the preceding to be a copy of the engrossed act, de* posited of record in this office, Albany, February 8, 1825. JOHN V. N. YATES, Secretary of State-. CANAL COMMITTEE. In 1825. NAMES OF THE JOUST COMMITTEE OA CANALS, Under whose direction this Work is published. CHARLES E. DUDLEY, 1 CADWALLADER D. COLDEN, \ %{ n SAMUEL WILKESON 7 •#•'1' JOHN W. HULBERT, CLAUDIUS V. BOUGHTON, CHESTER HAYDEN. EZRA SMITH. GEORGE ZABRISKIE. Of the Assembly. LAWS, LEGISLATIVE PROCEEDINGS. OFFICIAL DOCUMENTS, ON THE SUBJECT OF INTERNAL .NAVIGATION IN THE State of Jicto Sotfc. I. In Assembly, February 4, 1808. \ v— .Mr. Forman, called up, for consideration, the following reso- Recital lution, heretofore submitted, and ordered to lie on the table ; which being read, was agreed to, in the words following, to wit : Whereas the President of the United States, by his message to congress, delivered at their meeting in October last, did recom- mend, that the surplus monies in the treasury, over and above such sums as could be applied to the extinguishment of the na- tional debt, be appropriated to the great national objects of open- ing canals and making turnpike roads. And whereas the state of New-York, holding the first commercial rank in the United States, possesses within herself the best route of communication between the Atlantic and western waters, by means of a canal between the tide waters of the Hudson river and lake Eric, througn which the wealth and trade of that large portion of the union, bordering on the upper lakes, would forever flow to our great commercial emporium. And whereas the legislatures of several of our sister states have made great exertions to secure to their own states, the trade of that widely extended country, west of the Allegany, under natural advantages vastly inferior to thos< of this state. And whereas it is highly important, that those ad- vantages should, as speedily as possible, be improved, both to pre- serve and increase the commercial and national importance of this state. Therefore, Resolvtd, (if the honorable the senate concur herein.) That a Joint conttii , , . • i • i tee appointed joint committee be appointed to take into consideration the pro- priety of exploring and causing an accurate snrvev to be made. CANAL LAWS, &e; 1808. of the most eligible and direct route for a canal, to open a com- — v ' munication between the tide waters of the Hudson river and Lake Erie, to the end that congress may be enabled to appropri- ate such sums as may be necessary to the accomplishment of that great national object, and in case of such concurrence, that Mr. Gold, Mr. Gilbert, Mr. Forman. Mr. German and Mr. Hoge- fcoom, be a committee on the part of this house. In Senate, February 5, 1808. Senate concur. Resolved, That the senate do concur with the honorable the assembly in their preceding resolution, and that Mr. Taylor, Mr* Nicholas, and Mr. Ward, be of the said committee on the part of the senate. II. In Assembly, March 21, 1808. Report oi joint Gold, from the joint committee, of the senate and assem- committee. bly ? appointed to take into consideration the propriety of ex- ploring and causing to be made an accurate survey of the most eligible and direct route for a canal to open a communication between the tide waters of the Hudson and Lake Erie, reported. That the subject referred to the committee, in whatever light it is viewed, may justly be considered of the first importance, both to the interests of the United States and the state of New-York- While this subject presents to the government of the United States, in removing natural barriers and drawing together and preserv- ing in political concord, the distant parts of a widely extended empire, an object inviting to patriotism and interesting to its re- putation, the commercial interests of this state impel to the most strenuous efforts in promoting the same object. In tracing the vestiges of ancient states, in whose councils mu- nificence, guided by wisdom, presided the remains of commercial improvement in public canals and other undertakings, mark the advanced state of society, and will attest the empire of the arts of peace. While military achievement has shed lustre on nations, works of public utility, tending to the happiness and welfare of society, record the exercise of superior virtues, and afford better monuments of true and lasting glory. With these sentiments the citizens of this state have witnessed with high satisfaction the con- duct, of the ex^cutivr of the United States, in recommending an ap- CANAL LAWS, fee. propriation ol' a portion of the surplus revenue, for improving by 1808. canals, the inland navigation of the country. While we forbear V^v^^ to derogate from the claims of others, we feel ourselves well war- ranted in presenting to the government of the Union, the state of New-York as preeminently distinguished on the map of our country for its commercial advantages. Along the extended route of a contemplated canal from Hud- son river through the waters of the Mohawk, and the intermedi- ate lakes to lake Erie, is presented to the eye of the traveller, a country unequalled for fertility, in so great extent, in any part of the United States, and not surpassed it is believed by the fairest regions of the eastern world. Such are the commercial advantages, such the distinguished fertility of the lands contiguous to our navigable waters, which, with the extensive country bordering on the great lakes, afford to the United States sure pledges, not only of reimbursing the ex- penditures in improvement, but of national revenue at some future period, on a failure from external commerce. Deeply impressed with the importance of the subject before the committee, and encouraged by the above recommendation, the committee are of opinion, that speedy measures ought to be adopted on the part of this state for ascertaining the best route of communication by canals between the tide waters of Hudson river, and the great western lakes, and for making accurate sur- veys and charts, to be transmitted to the president of the United States ; for which purpose the committee have directed their chair- man to present a resolution for the consideration of the house, Ordered, That leave be given to present the same. Thereupon, Mr. Gold presented, and the house unanimously agreed to, the following resolution. Resolved, (if the honorable the senate concur herein) That R es0 i utI0a the surveyor-general of this state be and he is hereby directed to ado P ted - cause an accurate survey to be made of the rivers, streams and waters, (not already accurately surveyed) in the usual route of communication between the Hudson river and lake Erie, and such other contemplated route as he may deem proper, and cause the same to be delineated, on charts or maps for that purpose, accompanying the same, with the elevations of the route, and such explanatory notes as may be necessary for all useful information in the premises — of which one copy shall be filed in the office of the secretary of this state, and another transmitted to CANAL LAWS, fcc. 1808. the president of the United States, which the person administering the government of this state is hereby requested to do. Ordered, That the clerk deliver a copy of the preceding resolu- tion to the honorable the senate, and request their concurrence. In Senate, March 22, 1808. Postponed by The consideration of the foregoing resolution was called for the senate. ^ postponed . In Senate, April 6, 1808. The senate then took up the consideration of the resolution of the honorable the assembly, of the 21st March last, directing the Concurred in . , , v . by the senate, surveyor-general to cause an accurate survey to be made of the rivers, streams and waters (not already accurately surveyed) in the usual route of communication between Hudson river and lake Erie, and such other contemplated route as he may deem proper, and cause the same to be delineated on charts or maps for that purpose accompanying the same, with the elevations of the route, and such explanatory notes as may be necessary for all useful information in the premises. Whereupon, Mr. Peck made a motion that the further consideration of the said resolution be postponed until the next session of the legisla- ture. Debates were had thereon, and Mr. President having put the question, whether the senate would agree to the said motion, it passed in the negative, in the manner following to wit : For the negative, Mr. Ballard, Mr. L'Hommedieu. Mr. Brett, Mr. Locke, Mr. Brewster, Mr. M'Lean, Mr. Buell, Mr. Nicholas, Mr. Burt, Mr. Rea, Mr. Clinton, • Mr. Snell, Mr. Gebhard, Mr. Taylor, Mr. Graham, Mr. Thoma>, Mr. Hogeboom. Mr. Veeder, Mr. Kellogg. Mr. Williams. 20 Division on if, CANAL LAWS, &c. For (lie affirmative. 1B03. Mr. Adams, Mr. Seidell, v Mr. Barlow, Mr. Smith, Mr. Coe Mr. Thorn, Mr. Comstock, Mr. Ward. Mr. Peck. 9 Thereupon, Resolved, that the senate do concur with the hono- rable the assembly in their said resolution. Ordered, That the clerk deliver a copy of the preceding reso- lution of concurrence to the honorable the assembly. Extract from the Act of April 11, 1808, chap. 240. [Session 31. page 349.] And be it further enacted, That it shall and may be lawful for the treasurer of this state, on the warrant of the comptroller, to f( £ 6 t ^ expense pay to the surveyor-general of this state, such sum or sums of &c - money as he may require, to enable him to execute any duties enjoined upon him, by law, or resolution of the two houses, at the present session of the legislature, not exceeding in the whole the sum of six hundred dollars. III. TO JAMES GEDDES, Esqr, Sir, I have appointed you to make the surveys, and take the levels Surveyor On- ... . _ . eral appoints requisite to carry into execution the views expressed by the con- J. GnUm to current resolutions of the Senate and Assembly, of the 21stof explore ' &c * March last, in regard to a communication by canals, between lake Erie and Hudson's river. As the provision made for the expenses of this business is not adequate to the effectual exploring of the country for this pur- pose, you will in the first place examine what may appear to be the l?est place for a canal from Oneida lake, to lake Ontario, in CANAL LAWS, &c. 1808. tiie town of Mexico, and take a survey and level of it: Abo. whether a canal cannot be made between the Oneida lake and Oswego, by a route in part to the west of the Oswego river, so as to avoid those parts along it where it will be impracticable to make a good navigation. The next object will be the ground between lake Erie and lake Ontario, which must be examined with the view to determine what will be the most eligible track for a canal, from below the Niagara Falls, to lake Erie. If your means will admit of it, it would be a desirable thing to have a level taken throughout the whole distance between the two lakes. As Mr. Joseph Ellicott has given me a description of the country from the Tonnewanta creek to the Genesee river, and pointed out a route for a canal through that tract ; it is of impor- tance to have the continuation of it explored to the Seneca river. No levelling or survey of it will be necessary for the present.* It must be left as a work by itself, to be undertaken hereafter, should the government deem it necessary. A view of the ground only, with such information as may be obtained from others, is all that can now be required of you. SIMEON DE WITT, Surveyor General* June 11, 180S, * Because the appropriation will probably by this time be exhausted. canal laws, a* 13 iy 1809. Report of James Geddes to the Surveyor General, with Appen- dices A, B, C, in 1809, on the inland no ligation between Hud- son's river and lake Erie, made pursuant to concurrent resolutions of the Senate and Assembly of 2 1st March and 6th April, 1808. SIMEON DE WITT, Esquire, Surveyor General. Sir, 111 obedience to your instructions, relative to " making the j. cedde*' " surveys and taking the levels requisite to carry into execution Re P ort - " the views expressed by concurrent resolutions of the senate " and assembly, of the 21st March, 1808, in regard to a " communication by canals between lake Erie and Hudson's " river," I respectfully submit the following report. In the several papers marked A, B, C, are contained tho particulars relating to 1 . A communication between lake Oneida and lake Ontario. 2. The Niagara river. 3. An interior route, without descending to, or passing through, lake Ontario. In these pages a more general view is taken of each. A COMMUNICATION BETWEEN ONEIDA LAKE AND LAKE ONTARIO. Ever since the " cutting a canal on the adjacent shore* 7 of the 1st i "teport Oswego river has been pronounced " absolutely impracticable," J** ^ e ran( hopes have been entertained of finding a route from Oneida lake to lake Ontario, so favourable, that although "the distance is 22 " miles, it was expected that the line of the canal would not " exceed 26 miles."* Between Rotterdam on lake Oneida, and Salmon Creek on lake Ontario, I find die summit 110 feet above the level of Oneida lake ; or 50 feet above the summit pound-lock at Rome. Now, admitting there was water sufficient to supply the summit between Oneida and Ontario, yet 220 feet of extra lockage, add- ed to 124 feet which Oneida lies above Ontario, makes 344 feet of lockage, an objection to the route which will mo 2d do. in 3} S the tall Feet. Inches, * CANAli LAWS, Sec. Minutes. Feet. Inches* 1809. g " l * J thefa11 1 «- 8 4th do. id 2f J 5th do. iD ") Remainder of the distance to the lower store- > 6.3£ house the fall is ) By which it appears, that the velocity of the water through the second half mile, exceeds the first, although the fall is less, caused, doubtless, by the motion of the water acquired in passing through the first, at the beginning of which, it had only just began to move from the dead lake. The velocity of the quarter immediately above the ferry, is at the rate of 6| miles per hour. But a light easterly breeze having prevailed over night, the lake waters were said to be receding from the lower end, and the cur- rent in the outlet consequently of rather less velocity than common. When the reverse is the case, the swiftest part of the current is prol 'y 7 miles an hour, as the seamen generally say. How- ever, the levelling was gone over again when a breeze the other way prevailed, and the result was nearly the same. The surface of the lake may, perhaps, be estimated at 6 or 8 inches higher still than the head of my levelling. From Black Rock lower storehouse to Schlosser, an estimate was made of the fall per mile by trying the velocity of the cur- rent in places, and levelling and sounding the same. It is put at 6 inches per mile on an average, or 9 feet for the whole distance, which being added to — say 6 feet above, is 15 feet; which, added to 317 feet, makes from the lake to Lewistown 332 feet. From Lewistown to the garrison at the mouth of the river, the stream is remarkably uniform in depth, width, and velocity of current, but more particularly in the shape of the banks. — On the east side, the beach is so uniformly from 20 to 30 inches higher than the water, and the shore so bold, that schooners, when the wind is unfavourable, are drawn up by oxen the whole distance. The common estimation of the current, is 2 miles, or something more per hour, and a depth of 10 or 12 fathoms water generally. The current seldom delays vessels, only two being towed up last season. Great advantage is taken of the eddies, or strong counter-currents, in so many places along the shore. A few hundred dollars laid out in cutting away the branches of trees that project over the water, or raising the path in some pla- ces where the oxen have to travel in the water, particularly in 2 CANAL LAWS, ice 1809. or o places where they have to swim, is all that will ever probably «y— ^ be needed on this part of the navigation. The width and great depth of the river here, considered, makes 2 feet fall in the six miles, perhaps a large allowance. This would make from lake to lake 334 feet fall. The portage road from Lewistown up to Schlosser, following it? windings up the mountain, is nearly 8 miles. From Schlosser up to lake Erie, the great obstruction to the navigation is the Black-Rock Rapid, at the entrance into the lake. Except half a mile just above Schlosser, the whole distance to the lake, 20 miles, is water 20 and 30 feet deep, sufficient to carry any thing that swims the lake, but the current, more particularly the rapid at the entrance into the lake, makes it unsafe for any lake vessel to enter this river, as half a season might pass away waiting for a wind sufficiently strong and fair to carry her back into the lake again. If a towing-path was made on the bank, a heavy vessel might be towed from near Schlosser to the lower store- house at Black-Rock ; but great power must be applied to draw her to the upper store-house, through a current of 7 miles per hour : then there is not depth sufficient, near enough the shore at this place. The navigation is now carried on in boats of from 20 to 25 tons each. The largest carries 180 barrels of salt, is manned generally b} 7 7 men, who will set her up to the lower store-house in 12 hours, and row her down again in 4. But owing to the great difficulty between the lower and upper store-houses, at Black Rock, this boat generally makes not more than 5 trips a fortnight. In the most difficult part of this rapid, there is now a rope of 75 fathoms, fastened with a ring and bolt, let into a rock in the bottom, by which a boat with half a load is drawn through the ripple by the hands on board. The sum per barrel paid the boat owners is 25 cents ; and the waggoners on the por- tage have 3H cents. But the whole charge of the portage com- pany for wharfage, extras, &:c. is 75 cents per barrel for salt, one dollar per barrel for other merchandize, from Lewistown to Black Rock. Several difficulties would, attend a sloop canal begun at the end of the lake. The first mile and a half is all rock, lime and Hint mixed : there is little of it as high as the top water line of the canal would be, and little of it much lower. But a greater difficulty, would be the long distance all the way to Tonnewanta CANAL LAWS, fee, 21 creek, x miles) before a canal could be got clear ol' the river. 1809. Wherever the flats are, which is near half the distance, they would v— ■ be a preservative ; but all the rest of the way, the bank next the river would have to be faced with stone, to preserve it from the ravages of the stream, wliich at times is by violent storms of wind on the lake, raised more than 6 feet above its common level. After crossing the Tonnewanta on an aqueduct, from the mouth of this creek down, the work might be brought on shore, but with pretty deep cutting to the White Oak Bluff, 3 miles. From this down it would work easy, the surface of the ground being exceedingly level to below the Cayuga Island, where a course across Gill creek, down the Bloody-run to the Devil's- hole, might be pursued. Thence along (still continuing the level of the lake) to the brow of the mountain. Another way of making a sloop navigation on this route, and perhaps the most feasible, would be after following an artificial cut a mile from the end of lake Erie, to fall hy a lock of 4 or 5 feet lift into the river again ; then by the help of a towing- path, use the bed of the river to the mouth of Gill creek. About one fourth of this distance would be interrupted by low flats, along the edges of which it would be more difficult to make a path, than on higher land. Little difficulty would be experi- enced by not having depth of water sufficiently near the shore. Having arrived at the mouth of Gill creek, and being 13 or 14 feet lower than if the level of the lake had been preserved, the direct course down Bloody-run could not be pursued, as the cutting would have to be too immensely deep. But a side cut must be here commenced, and carried through rock all the way to the Mills, near 2 miles. The rock here would in places be higher than the top water line in the canal, but more generally 16 or 20 inches lower. From the Mills onward for some dis- tance, the rock falls far below the level now to be pursued. — Somewhere near 2 miles of rocky bottom would be found to the brow of the mountain, vvhrre would be 40 or 50 rods, that the rock would be 4, 5 or 6 feet higher than the top water line. This line would generally be 2 or 3 feet above the rock in every other part between the Mills and this place. At the top of the mountain both routes would be together, except that the first described would be 13 or 14 feet higher than the other. Here stone is in abundance on the very spot where it is wanted for locks. In descending the mountain, a little inconvenience would CANAL LAWS, fee, 1809. attend placing the locks far enough apart to prevent great waste r-v-^' of water. Whether a side cut is brought the whole way from lake Erie, or only from the mouth of Gill creek, the lockage water must be drawn through the whole length of the canal; for in no very dry time, there is not any water in Gill creek, Bloody- run, or the stream near the top of the mountain, called Fish creek. What use might be made of Cayuga creek, I cannot say. In comparing these two routes, we have the first an entire artificial cut from lake Erie to Lewistown. The line of canal a little more than 26 miles in length, all the way uninterrupted with rocks, except one and a half miles at the upper end, and the place where it would be locked down the mountain : An easy soil to cut and complete without lining. The second route we have — at the upper end 1 mile through rock, and a lock of 4 or 5 feet lift. Then 18^ miles nothing more than a towing-path. Then 8 miles of canal to the brow of the mountain, 4 miles of it rock. Or they may be compared more closely by throwing from each, 2 miles off the lower end, and one off the upper end, in which they are both the same. It will then be of canal, First route, 23 miles. Half a mile of it rocky — 4^ miles of bank to secure — the Aqueduct bridges at Tonnewanta and Cay- uga creeks. Second route, 8 miles. Four of it rocky — 18 miles towing- path. Then there are to be weighed the considerations, that the first when completed will be all still water, and 2 miles the short- est. While the other being not only 2 miles the longest, will have 18 miles of it the same as a running canal, with a current of from H to 3 miles per hour. From the Mills to the brow of the mountain 6 miles, a boat canal might be made almost as cheap as a highly finished road, thereby reducing the portage to less than 2 miles. Or the ves- sels below, might sail almost under the boats above, and the goods be drawn on ivays up 315 perpendicular feet, by means of machinery wrought by the water which would run through the canal. Should none other than a boat navigation be determined on to carry off the produce of the upper lakes, Bird Island would be of value. This island is nothing more than a bed of rocks, and a few years ago, had no mark of vegetation on it. It lies in CANAL LAWS, &c. 23 length about 10 chains across the lower end of lake Erie, a little 1809. lower than where the current begins to set out of the lake. v — v— ■ Across from the west end of the island for 10 chains further, the water over the rocky bottom is very shallow. This shallow, with the island makes one quarter of a mile, below which is an exceedingly safe, and excellent harbor. The whole eddy may be 60 or 70 acres, all of which is good anchoring ground. On the north-east corner of the island the portage company have last summer built their upper store house. It is a stone building 64 by 44 feet. There is no place on the main shore where a wharf can be built so that a vessel can lay her side to and load. If a place is chosen low enough down to be sheltered by the island from the waves of the lake, there the current is such that without an uncommonly fair wind, a vessel cannot get out into the lake again.* To make the use of this island convenient, a bridge would be necessary, the length of which would have to be nearly 1000 feet. The breadth of the island now uncovered with water, is scarcely any where more than 10 rods from north to south. The growth of a few willows on it of late, is account- ed for on the hypothesis, of the continual lowering of the waters of the lake. No satisfactory information could be obtained as to this ; but all agree that it falls some. If a canal should be constructed on the same level with the lake, depending solely on it for the supply of water, and this rapid falling, should prove to be a reality, it would be a serious one. As vague were the ac- counts obtained of the annual rise and fall of the lake. Some set it at a foot, while others would not admit that any such thing was perceivable. But the variation caused by the wind, all agreed in setting it over 6 feet. This variation consists almost all in rising : the lake seldom by an easterly wind sinking more than 12 inches below its common level. At Schlosser the an- nual variation is called 8 inches : the variation by the wind 3 feet. This rise occasioned by the wind happens seldom, and is commonly of but a few hours continuance ; so that a towing- path along this river, would have almost the same advantages of one along a canal. Considering the annual rise but 8 inches, the river would almost in every respect be similar to one of the * If from the main shore hall" a mile below the island, a strong mole was carried out from the shore, and then parallel thereto up stream, until nearly opposite the island ; a fin«> dock for wharves along the main shore would be formed thereby, out of which ve«p'- could sail into the lake as well as from behind the island. 34 CANAL LAWS, &c. 1809. running canals of China; and much superior to some of them, v^-v^*/ the velocity of which, according to Sir George Staunton, is equal to h\ miles per hour. Lake Erie is said to be much shallower than lake Ontario. The former being frequently frozen over, and no such thing ever happening to the latter, is satisfactory proof of this. I was surprised when at Schlosser, to see a waggon taken apart and put on board a boat, to be carried to Black Rock ; and on enquiry found there was no road between those places. It is not only impassable for waggons, but afterwards in travel- ling up on horse-back to Black Rock, I was obliged to drive my horse into some of the creeks, and swim him over before me. The mail carrier is obliged to quit our territory to get the mail from Buffalo to Niagara garrison. In the event of war, the distress would be serious, to have one of these infant settlements attacked, and no road for the other to come to its relief. I have taken this step aside, to report upon roads, at the re- quest of some respectable citizens of that country, and hope this reason will be received as my apology. AN INTERIOR ROUTE, Without passing through Lake Ontario. This route is proposed from the Oneida lake, along the track 3d branch of . . . . ^ _ The Report, at present pursued by the navigation to the Cayuga marshes, thence up the valley of the Mud creek, and across the country to the Genesee river, thence up Black creek to the Tonnewanta swamp, and down the Tonnewanta creek to Niagara river, and up the same to lake Erie. In order to examine the rivers flowing out of the Oneida and Cayuga lakes, I beg leave to transcribe from Rees's new Cyclo- pedia, the observations of Mr. Thomas Telford, on the improving of natural rivers, and the objections to them. 64 Mr. Telford proposes to erect solid and durable weirs of ci masonry across the river, upon the shallow places, wirh side- • 4 cuts and pound-locks by the side of them, for the navigation; " and the river, when thus diverted may, (as he justly observes,) " be applied to many important purposes of machinery, and for u irrigation of the meadows which would thus be brought within its reach. There is no doubt but this method is practicable. CANAL LAWS, kc. 23 * and would ultimately answer well; but the expense would be 1809. * 6 very great of erecting substantial weirs,(l) and making the v v " banks of the side-cuts and walls, and gates of the locks, high " enough (2) to prevent the floods from breaking over into them, w a condition which seems necessary, if the barges are to be " able to proceed at all times. The towing-path (3) should also, " for the same purpose, be made up with a regular sloping bank " next the river, presenting no inequalities, or projecting objects iC to catch or wear the towing-lines, so that its top or path <: should be always above water. On a river which rises 16 or " 17 feet or more,(4) these works would be attended with a most " serious expense and difficulty, particularly when cliffs (5) rise * ; almost perpendicularly up from the bed of the stream. Ma- " chinery on such a stream, unless great expense indeed was in- {i cttrred to obviate it, would be subject to have it» works inter- " rupted by every large flood. (6) Tall masts must be used for M attaching the towing lines in dry times, and in floods it must ,: be fixed lower down, or to a shorter mast." Scarce any of the difficulties here started, would attend the streams issuing from the Oneida and Cayuga lakes. I will con- sider them each in the order in which I have marked them. (I.) The expense of making weirs across these streams would not be great, considering there is only 12 ^ feet fall from Oneida lake to Three River Point. One dam of 5^ feet, and another of 41 feet, each about 20 rods long, would make the whole 18 miles still water, or nearly so. From Cayuga lake to the Three River Point, nearly 44 miles, has not been levelled. The whole fall may be estimated at somewhere about 22 feet. This whole distance may (by making the upper one 9 or 10 feet high) be stilled by three weirs. The whole distance on both streams be- ing together, 62 miles, brought to 6 levels by 5 small dams. To the eastern level add the Oneida lake of 20 miles, and to the western level the Cayuga lake of 36 miles, and the whole will be 118 miles of still water, at the expense of but 5 weirs; in all only 34 feet lockage. On all this route there is no stone suitable for locks or weirs, but 2 | miles below Three River Point, there is enough that is good. It is the opinion of many, that wood weirs, and even wood locks, until our forests become of far more value than they now are, will be found much cheaper than those of solid masonry. If money is worth 7 per cent, (interest to be paid annually) which 4 canal Laws, &c, 1 809. late events seem to shew, then the interest will equal the principal "~ v~— J in 10 1 years. And if a stone weir will cost 6 times as much as one of wood, the interest of the stone one will, at the end of 10 \ years, build 6 wood ones. The price of a lock on the Mohawk $7,500, doubling itself every 10{ years, will do much in supporting wood locks, in a country where the owner of timber, instead of expecting to get any thing for it, is continually paying large sums to get it burnt out f his way. A lock of square juniper logs cost $300,* . in a place probably where nothing was paid for the timber , : i interest on the sum laid out for a Mohawk lock, would at the end of 10 1 years, build 25 locks in the Dismal Swamp. (2.) To " make the banks of the side-cuts, and walls and " gates of the locks, high enough to prevent the floods from u breaking oVer them," is a very easy thing on a stream winch never rises higher than the lift of a common lock.f Mr. Wil- liam Cbapn :? says that "durinrr flooded state of rivers, all M small fails are equalized, as they necessarily rise higher below u than above a rapid." This observation applies to these streams in a very extraordinary degree, owing to their peculiar formation. In one place falling 3 or 4 feet in half a mile, then 6 or 8 miles very deep, and almost level ; again a rapid, &c. In the middle of these long levels, the flood will rise 10 or 11 feet, while on the rapids, it will not be more than 5 or 6 feet. Therefore, it would never happen that a lock would be placed in a part of the river that would rise more than 7 or 8 feet. (3.) The making of towing paths would be attended with diffi- culty, occasioned by the low banks that are on one side or the other of almost the whole length of the Oneida river ; changing sides some places almost every ten chains. There is not more than 2 or 3 places (a short distance each) where there are low banks on both sides in the same place. On one third of the Oneida river, perhaps, these low banks would have to be raised * See Mr. Gallatin's Report, page 17. f From the beat information that could be obtained of people paying but little attention to such thing3» the Oneida stream rises 8 or 9 feet once every year — has risen 11 feet, and some springs does not rise more than 5 or 6 feet. There is but one annual flood. Tne most extraordinary summer thunderstorm never raises it more than IS inches. The highest flood is about the 20th of April — Falls within the low banks between the 1st and 10th May. The Cayuga stream very similar. About the middle of the long level at the Onondaga out-let, 10 feet rise, is the highest I have ever been informed of. Voag conf:;. c ied fall rains have raised these streams 3 or 4 feet, and last fall almost equal to coromei:' spring floods—The like never seen before by r. hite people. CANAL LAWS, &c. 37 from 2 to 6 feet unless the tow ing path was made to change 1809. sides so often as to be very inconvenient. On the Cayuga out- s '" y ■ let this difficulty would not be so serious. (4.) and (5.) These streams rising only as has been stated, and having no rocky shores, nor any difficult perpendicular banks, they are not affected by this difficulty. (6.) Machinery will be subjected to interruption a month or 6 weeks, by every spring-flood. But as this interruption will take place at regular periods, calculations can be made to meet it, so that the inconvenience would be trifling when compared with such hindrances on common rivers. To improve more perfectly this extensive piece of inland navi- gation which nature has almost finished to our hand,* it has been proposed to open the outlets of these lakes, or deepen their up- per bars, so as to lower the surfaces of the lakes annually — say 3 feet each, below their present low water mark. So that the lakes by rising to their present high water mark, would act with near double their present effect, as reservoirs to check the sudden and great rises of the outlets. The ordinary and pretty uniform annual rise of the Cayuga lake is now 4 feet. Oneida perhaps about the same ; and if, by this deepening, and fixtures at the weir next below the lake, a variation, or rise, of 8 feet annually could be produced, the effect in receiving and keeping back the top waters of the floods, would be double what it now is.f Mr. Thomas Telford, to improve the river Severn has propo- sed to collect " the floed waters into reservoirs, the principal " ones to be formed among the hills in Montgomeryshire. By M this means the impetuosity of the floods might be greatly lessen- " ed and a sufficient quantity of water preserved to regulate the " navigation of the river in dry seasons. " This has been ap- proved of, and it has been condemned. Mr. William Jessop says " that the rivers may be rendered nearly uniform through- " out the year by reservoirs." Mr. Rennie intimates, that the idea of " correcting the floods of the Severn by reservoirs must " appear to be ridiculous." This opinion of the Oneida river, perhaps would not be given, when a reservoir of near 50,000 acres, 3 feet deep, is proposed at no expense of land, and little * Dr. Rees's New Cyclopedia says of this, that 41 nature has done so much, that little t3 M left for art to accomplish," and counts from Schenectady to the south end of the Cayuga lake, " 280 miles in extent, and through a tract of country uorivalled in point of fertility/* ♦ Provided the banks were perpendicular CANAL LAWS, &c. 1809. otherwise.* The lowering of the Cayuga lake, for the purpose ""N*— ' of draining the Cayuga marshes, has long been talked of, and the great tract of excellent alluvial soil t\vd would be obtained there- by, would make it an object worthy attention. Whether both objects would be attained or not, is questionable. If by such means, towing-paths, that would never be flowed, Could be constructed about 5 feet higher than the then low water mark of the rivers, much would be gained in the efficiency of the towing-paths, and a great saving had in the expense of making them on the low banks which are on so great a proportion of these streams. If the fertile country around these lakes and rivers which would be immediately benefited by this work, should alone be of sufficient importance, to cause it to be done in a complete and perfect man- ner, as far west as the Cayuga ; then the continuance of the in- terior route and the route through Ontario lake may be more easily compared by considering the Ontario route to start at Three River Point, and the interior route from the Cayuga marshes. From the Cayuga marshes to Black-Rock is 109 miles, measur- ed in a direct line on a map. Almost every thing respecting this space has been supplied by conjectures formed from appearances on the map. The summit between Tonnewanta creek and Black creekf is an extensive level of wet land called the Tonnewanta swamp, and is estimated by judge Ellicott at only 20 feet or so above the level of the mouth of Tonnewanta creek. If so, said summit is scarcely 10 feet above the level of lake Erie. It is stated that by means of Oak Orchard creek, and other streams that can be commanded, there will be a sufficient supply of water for said summit, and that a canal the greater part of the way, may be made almost straight, and the cutting very easy. From Genesee river to the head waters of Mud creek, J I have levelled and find the summit^ between the waters of Gerundeguf and those of Mud creek, 36 feet lower than the Genesee river above the falls, and no high land rising between, except a few chains of gravelly bank at leaving the river, of from 4 to 12 feet 1 For less than .$'300, channels have been proposed to be ploughed in all the 3 rapids on the Oneida river so that boats should have a sufficient depth at all times. j Black creek empties into the Genesee river a few miles above the Genesee falls. 1 Mud creek runs directly to the Cayuga marshes. § Tin's is near the west line of Palmyra in the town of Boyle, I have therefore named it file. Boytc .$wnmti- CANAL LAWS, &c. deep. The country is free from stone almost every where along 1809. the line for the canal, and the chief difficulty in making the water v — v~ of Genesee river run down Mud creek to the Cayuga marshes, would be the depth and width of the Gerundegut valley. The best place for crossing is over Mann's mill pond. [See the map in paper C] The pond is 4 or 5 feet deep, and 2 chains 70 links wide, and the surface of it would be 68 feet below the top water line of the canal. The whole length of the aquedjict- bridge and embankments at the ends would be 22 chains 90 links [504 yards.] Allowing 2 chains 70 links for an aqueduct-bridge, there will remain at both ends 20 chains 20 links of embankment ; the highest place at the west end 43 feet, highest place at the east end 34 feet. A great circuit is made in getting away from the river, and across this valley, so that the line of canal would be over 18 miles, while the direct line is but ^miles^. From this line of levelling, I have levelled across to the Gerundegut bay, and determined the whole fall of the Genesee river from above the falls to the lake. The following places stand above the level of the tide at Troy, thus : Feet. Lake Erie, 541 Tonnewanta swamp, 551 Estimated per Mr. E. Genesee river, (above the falls,) 460 Boyle summit, 424 Cayuga marshes, (or lake,) 340 Estimated. Three River Point, 318 Oneida lake, 330 Summit pound at Rome, 390 Lake Ontario, 206 As results. From the Boyle summit down to the Cayuga marshes, through the Mud-creek valley, a canal may be conducted pretty straight, the fall being 84 feet. if the Interior route should be pursued to Lake Erie, the com- munication with Lake Ontario would be by a lateral cut of between 3 and 4 miles in length, from above the Gu. Be falls to the har- bor in the mouth of that river. As boats might be conducted on the same level almost to the harbor, it might never be found ne- cessary to lock down 254 feet from the canal into this lake. This harbor is very spacious, putting in from the lake between 3 and 4 mile?. The channel, or mouth of the harbor is difficult Mr. Weston. 30 CANAL LAWS, &c. 1809. as it runs out into the lake above a mile, but little north of an ^ — ~v ' east course, so that a vessel whose destination is westward, having a fair wind for that point, cannot get out. The entrance to the harbors of Genesee river, Sodus bay, and Oswego river, are in depth almost exactly equal ; each from 6 to 7 feet over the bars at their mouths. To carry branches to the Skaneatelas and Owasco lakes, there would be objected the great lockage necessary. From conver- sations had with some of the most intelligent mill owners, along the out-let, I have estimated the Owasco lake to be nearly or about on the same level with Lake Erie. And Skaneatelas can differ but little from it. From the levels taken of the Seneca falls, and Scowace reef, by Mr. Weston, the Seneca lake has been estimat- ed at 50 feet above the Cayuga lake, which brings it exactly on the same level with the summit-pound at Rome ; according to my estimate of the Cayuga, above Three River Point. To connect Seneca lake with the Cayuga, the chief expense would be the locks and towing path ; the building and keeping in re- pair of weirs, would most probably be had for mill privileges. Some universal condemners of river navigation and enemies to great lockage, have ridiculed the idea of following the Cayu- ga and Oneida streams, or falling 72 feet into the valley at Three River point. And to avoid this 144 feet of extra lockage, would be at the expense of an aqueduct bridge 50 feet high over the Cayuga out-let at Bluff point ; thence following the level along through Brutus, Camillus, &c. With such a level as this, it might be difficult to comiect the Seneca lake by any thing of a direct line, and the Onondaga, Chitteningo ; and Oneida val- leys would make bad bends in the main line. According ta the level taken at Mr. Walton's mills, the banks there were 37 feet above the level of the Onondaga lake ; this would bring the level of the Rome summit as far up the Onondaga valley as Mr. T. M. Wood's mills. The idea of a level above 100 miles* in length, on the main line of a canal, commanding many rivers for a supply of water ; nothing in the world would be equal to it. The idea is a grand one if it would but prove useful. Low places would occur in the ridge bounding the Mud-creek valley on the north, that would need filling up in some places 10 or 20 feet high. * Much is valued the advantage enjoyed by Coventry, in England, of 73 lailei of level navigation on 3 csnaK CANAL LAWS, &c. Another route has been proposed, by keeping the level of the Cayuga lake past Salina, and alon£ the south side of the valley of the Oneida lake, until said level would strike Wood creek. By this route 44 feet of lockage is to be saved, and the Ononda- ga Salines enjoy an extensive level, very valuable for the im- mense supply of wood it would afford. With this level, by a lock of ten feet lift, might be connected the Oneida lake, by which means the forests on all its shores, could be brought to these Salines through a canal of not more than 12 or 14 miles in length. In favour of this route is urged the opinion, that the Oneida lake can never answer as a part of the main line of canal from Erie to the tide ; as the barges that would ply on it, would be no ways calculated for such a lake. In comparing the Ontario route with the Interior one, it is ob- stinately insisted upon, in favor of the latter, that it would be bad policy in the united States, to open a communication for sloops between Erie and Ontario, as the products of all the up- per lakes would on their passage to the ocean, come into Onta- rio, and when there, the lockage to the tide in the St. Lawrence being only 206 feet, while it is 574 feet to the tide in the Hud- son, there would be danger of the whole lake trade being divert- ed to a port in the territory of another nation. It is likewise contended, that if the two routes should not differ materially in the cost of making, the Interior one ought to be preferred, as be- ing free from the risk and uncertainty of wind and waves : That merchants can afford to pay higher freight when property is se- cure, and will arrive on a day certain. " It is a consideration of M some importance," says a correspondent, "that the inland canal " would always be safe in the event of a war with Great Britain. " It will impose an additional value on a long tract of fine M country, through which it must pass ; will increase its popu- 11 lation, and of course the wealth and prosperity of the state/ On the other hand, it is insisted upon that cheapness of convey* ance, the grand desideratum in all such works, would best bp obtained by the Ontario route, as the great emporium of the lakes would be 150 miles* nearer the tide in the Hudson, it placed at Oswego, than if at Black-Rock ; and that the produrr of the upper lakes would be carried cheaper through Ontario to Oswego, than 150 miles forward on a canal. In answer to tins, A«j£fc'd!ur«l oniue w n&agi of | < mi CANAL LAWS, fee. the fact is stated, that $5 25 is now the common price for carrying 7 barrels [about a ton] of salt from Oswego, to Lewistown, 25 miles short of Black-Rock, while, according to Mr. Robert Ful- ton's calculation, a ton would be carried 150 miles on a canal for $1 50. Mr. F. supposes the case of a canal being made at the public expense, and no toll taken but the charge of the bargemen. If the cost of making would amount to the same on either route, then the toll due a canal company would be the same on either, and the one being set off against the other, brings it to the barge- men's charge, as stated by Mr. F. As to further particulars respecting the interior route? it would be important to know : whether there is not some place in the ridge that bounds the Tonnewanta valley on the north, as low as the level of lake Erie, where a canal might be led across, and conducted onward, without increasing the lockage by rising to the summit of the Tonnewanta swamp : or if this summit must be surmounted, to ascertain its height above the level of lake Erie } likewise whether water sufficient to supply it, can be had with moderate expense. Whether the valley of the Tonnewanta is free from lateral ravines, high and abrupt banks, and such like impediments to a side-cut, is not known. The same is to be observed of the valley of Black creek ; and likewise of the val- ley of Mud creek. The levelling from the Genesee river to the Boyle summit, being done in the woods, and snow cannot be depended on as to extreme exactness, nor have I drove any levelling pegs in any part of my work, or attended to that nicety requisite for the actual staking out a canal ; but suppose it will be found exact enough to answer the purpose intended. The whole is submitted with respect, by Your most obedient, humble servant, JAMES GEDDES, Onondago, January 20, 1809. To Simeon De Witt, Esq. Surveyor General* CANAL LAWS, &c. G3 1809. APPENDICES r To Mr. Gcddes' Report) marked A, B and C — with Maps. APPENDIX A. On the map of the country between the Oneida lake and lake Country be- Ontario, the red figures shew, in feet, the elevation of the place JJJjJ 'i^TltJo n feet, where they are above the level of Oneida lake. Having 0ntano - ot to the branch of Big bay creek where the levelling stops, just at night, I thought it useless to go out another day to ascer- tain the height of the ridge between this and Salmon creek pre- cisely. The creek being 106 feet, I must be below the truth in ettingthe summit of the ridge at 110 feet above the lake, as have estimated it. I have been informed that Mr. H. Huntington, of Rome, has en- ertained a hope that a route up Caughanoy creek and down Catfish creek, might be found the best for a communication be- ween lake Ontario and Oneida. But very mistaken ideas seem to have prevailed of the elevation of the ridge that separates these two vallies. I have made some inquiries concerning the rapidity of Caughanoy creek, and have little doubt but that the summit between these two streams will be found higher than the summit at Rome. In this ridge, which divides the Oneida from the Ontai lo waters, the same red grit-stone is found on the road to Mexico, which forms the ridge at the Oswego falls. Scott creek, running from opposite the Oswego falls for many ■miles to the Oneida Outlet, shows this ridge to be of considerable elevation, quite near to the Oswego river. In the Map of the Oswego river, A is the place of the lower R C f c ,. ence8 to embankment, B the place for 3 locks. C, D, G, H and L, the nmpofOswego 5 r ' river. places of the other 5 embankments. E, F, the lower steep hill, so difficult on account of slips. I, J, the long, sandy, high bank below Broadstreet's island. I, the place for the uppermost lock. M, the place of deep cutting. N, O, another bank, difficult on account of slips, From P to the falls, the difficult, steep, rocky bank immediately below the falls. 5 CAx\AL LAWS, &c. 1809. To shun the high sandy bank I, J, I examined a route back tmm ^r mmmo/ from the river, and found the summit K, to be 37 feet higher than the top of the falls. Although it falls to 20 feet in a small distance each way, and the whole deep cutting would not exceed I of a mile, and the embankment H, would be got rid of, I still considered the river route the most feasible. The time having expired for which I had engaged my hands and boat, I returned home without examining a route from L to Q, and along the west side of that valley to the Cranberry- marsh. Perhaps the making even a small tunnel to get into this valley at this place, would be compensated, in the shortening the route, and getting rid of the embankments C, D, G, H, and the long slip bank below Broadstreet's island, with the bad hill sid$ from F to E. This would carry the canal clear of the sandy ridge from I to L, every part of which will need lining. Per- haps there would be something gained in getting rid of rocks. The hill between the embankments H and G abounds in large, loose stones, or rather rocks, of one or two tons weight. Whe- ther there is solid rock below them, I know not. The high knolls, among which the line winds for a mile further towards the Cranberry-marsh, are nearly as bad. But no such appear- ance in the hill that bounds this valley on the west. APPENDIX B. p^tSfe The idea of the whole country from ScLIcsser to the brow of tt>wn, the mountain above Lewistown, being bedded on a horizontal stratum of rock, turns out to be altogether erroneous. From a little below the mouth of Gill creek to the mills, it is almost truly so. But from the mills down, it falls to the brink of the Great-pitch, near 50 feet, not worn away by the running of ra- pid water, but the shores where no appearance of waters having ever been, are almost as low as the water in the stream opposite. The rock from which the great sheet pitches, is 5 i feet 4 inches lower than the surface of the still water at Schlosser. Immedi- ately below the great falls the rock rises again, but not as high as the level of Schlosser in any place I presume, until at the brow of the mountain above Lewistown. From the mills I J. (jtdcUs Eng in ssr CANAL LAWS, fee. lev elled along the road marked on the map out to the portage- 1809 road, and along the same to Lewistown. This, for a great part v^-v-* of the way, answered well enough. At that time I had mista- ken ideas of levelling through woods. Had I been as well ac- quainted with levelling in the woods then as I now am, I should have followed the level of Schlosser from the mills to the brow of the mountain. Wherever the road was near the bank, lev- elling along the road was very sufficient. There is two places which I am unsatisfied about. One is a mile below the great fall, the other is a place of near half a mile opposite the whirl- pool. Three quarters of a mile above the whirlpool, the rock is 20 or 30 feet below the level of Schlosser. Opposite the De- vil's hole, a piece of flat ground lies on the rock which is from 20 to 30 inches lower than Schlosser. Near half a mile of the stoney plain, (a mile further down) the surface of the rock is al- most exactly on the same level as at the Devil's hole. A little above the mouth of Bloody-run, two wells were attempted to be dug, by the side of the road, about 60 rods apart. The one found the rock in 18 feet, and the otherwhere the surface was 10 feet higher, in 19 feet. This shews the rock in this place to be near- ly parallel with the surface of the ground, instead of being par- allel with the horizon. At the brow of the mountain, the rock, at the brink of the chasm, is higher than the level of Schlosser ; how much I neglected to ascertain, the stand of the .level being sent up to Schlosser when this was not thought of. At the mouth of Fish creek, the rock is 10 or 12 feet lower than the level of Schlossei*. I levelled up Gill creek as far as where I have marked the canal line, but did not ascertain the height of the summit be- tween this and the swamp that empties down Bloody-run. But from viewing it in the woods am of opinion that it is but little higher than lake Erie. And from the knowledge I have ob- tained of the natural make of the country, I do not believe that any rock would interfere with a canal carried on the level of lake Erie, except at leaving the lake for a mile and half, or so down. Why I did not ascertain the level of the summit between Bloody-run and Gill creek, or follow where the level of the mouth of Gill creek (or Schlosser landing) would cut the surface, as far as the brow of the mountain above Lewistown, I have no other reason to offer, than that I at that time had mistaken ideas GO CANAL LAWS, &c. 1809. of the difficulty of levelling through the woods, and was fearful that the sum appropriated would not hold out to do as much for other places, as indispensably ought to be done. I regret very much not being able to give a fuller account of the river be- tween Black Rock lower store-house and Schlosser : but after many trials to get some kind of craft to carry us down the river, I was only able to obtain an Englishman with the most shattered and worn out canoe I have ever seen, in which we were in im- minent danger of its sinking from under us, and our losing the instruments. I sounded but in a few places — shallowest 15 or 20 feet deep — deepest about 30 feet. The most rapid current at Bluff point — least current opposite Cayuga Island. But I did not ascertain its velocity in either of these places. appendix c. References fo The red figures shew in feet the elevation of the place where map ' &c * they are, above the surface of the Mill-pond. Irondequot valley, &c. Just opposite the mill-dam, and for 8 or 9 rods further down, the isthmus is in the lowest place 9 or 10 feet too low. THE EMBANKMENT, Beginning at the west end. Course S. 72° E. Ghains. At from the top water line of the canal to the surface, is further 3.50 5. 3.70 . .50 to surface of the pond 2.70 across the pond 1; . 1.50 . 1 . to the same level. Inches, 146 323 392 517 816 816 416 306 22.90 Another route below the mills, following where the red figures are marked, was surveyed and levelled. CANAL LAWS, fee. About 2 or 3 chains below Stone's saw mill, on the Genesee 1809. river, is a rock of a loose shelly texture, the same that is broken v V away by the falls. It will not interrupt for more than 5 or 6 rods, w hen a very easy cut bank begins, the rock falling far below the level. At the letter A, is the place for the locks, to fall the 3G feet that Mud-creek is below the Genesee river. If the level of the river ■was carried any further, it would follow a course almost direct to the river again, for some miles probably. From the mouth of Red-creek, at the lower end of the still water of the Genesee flats, about two miles below the mouth of Black-creek, I went out to try the country across to S'.^ne-creek. At that time I had seen no map of that township, and having an unskilful guide, after levelling 3-4 of a mile to the north of east, I aban- doned the project. I now see by the map that I ought to have gone to the south of east. There is no person lives near this spot, and being uncertain weather in December, I did not go out again. The aqueduct at B, would be over 20 feet above Stone- creek ; then 2G feet below the Genesee river, at a place where it has fallen 6 or 8 feet below the mouth of Red-creek. Say Stone- creek at B, is C2 feet lower than the mouth of Red-creek, which it must be somewhere about ; then it is very probable that it will not only be nearer, but cheaper, to execute the deep cutting through this way, than to follow any other route. True, it will lengthen the lateral cut proposed to the harbor in the mouth of Genesee river, but every thing should bend to shortening the Qnain line. This place chosen to cross the Gerundegut valley, at Mann's JjJH** 81 * Mills, is the only one. Immediately above, the valley spreads out, so that the lines of level would be perhaps full 2 miles apart. The creek here which I have called Stone creek, was first settled on by a person of the name of Allen, and every one calls it Allen creek; but as Allen creek, known every where by that name, is just on the other side of the river, above Black creek, I have taken the liberty to alter this to Stone creek, a great num- ber of the first settlers and present inhabitants of this part of the country, being of the name of Stone. Gerundegut is spelled on all the guide-boards at the partings of roads in this town Irondcquot. This is said to be agreeable to the Indian pronunciation. Iroquois, and other words with inch a beginning, are said to be common in that language. Re^ CANAL LAWS, &g. 1809. taining every syllable of a long Indian word can hardly be use~ «v-— / ful. The termination gut, excites low ideas, and as the spelling seems not yet established, how would Rondequet answer ? If this stupendous embankment should be made here, and take this name, it would need a little polishing. If the level of the Cayuga lake could be conducted to the Onondaga salt works, it would doubtless be a most important improvement. Whether this could be brought through the low valley in 40 and 41 Camillus, is unknown ; if practicable, it would make the route very direct. It is supposed a canal might be led very direct from Salina eastward to the Chitteningo rapids, in 73 Cicero. If the level of the Cayuga lake could be extended across this country to Chitteningo, it would be extra- ordinary. To ascertain the elevation of the highest land on these two lines, would be an easy thing, after the levelling the- river from Cayuga lake to Three River Point was done, V. Letter from Simeon De Witt, Esq* Surveyor General of this state 9 to Mr. William Darby. Albany, February 25, 1822. Dear Sir: Mr. Geddes has presented your compliments to me, from a Origin of the . ■ \ • i , • ErieCaaai,&c. letter to him requesting materials relating to our canals, to be introduced into the Encyclopaedia. I will give a brief sketch of what was done in relation to them, anterior to the period which has furnished the documents published by Mr. Haines. A considerable discussion, as you know, has appeared in print, about the origin of the Erie canal, with the view of ascer- taining who is most entitled to the honour of it. The following statement of facts will, I believe, enable the public to form a correct opinion on that point. Soon after the revolutionary war, the attention of our legisla- ture was drawn to the improvement of the internal navigation of the state, and two companies were incorporated for the purpose, to wit, the " Northern," and " Western Inland Lock Naviga- CANAL LAWS, fee, tion Companies/' With respect to the latter, the views of its 1809. patrons evidently did not extend farther than to the improvement ' of natural streams, and the making of short canals and locks to pass difficult or unnavigable places, such as the Little Falls on the Mohawk river, the communication between that river and the Wood creek at Rome, and some extraordinary rifts or ra- pids, in order to facilitate the passage of boats from Albany, or Schenectady, to Oswego, and the Cayuga lake. Beyond these nothing was then contemplated. To lock round the Niagara falls was a subsequent project, which was never attempted to be put into execution. The merit of first starting the idea of a G ^ If direct communication by water, between lake Erie and Hudson's entitled to the J 1 t merit ot first river, unquestionably belongs to Mr. Gouverneur Morris. The starting the first suggestion I had of it was from him. In 1S03, 1 accidentally 1 ea " met with him at Schenectady. We put up for the night at the same inn, and passed the evening together. Among the numer- ous topics of conversation, to which his prolific mind, and ex- cursive imagination, gave birth, was that of improving the means of intercourse with the interior of our state. He then men- tioned the project of tapping lake Eric, as he expressed himself, and leading its waters, in an artificial river, directly across the country to Hudson's river. To this I very naturally opposed the intermediate hills and valleys, as insuperable obstacles. His answer was, in substance, labor improbus omnia uinritj and that the object would justify the labour and expense, whatever that might be. Considering this as a romantic thing, and char- acteristic of the man, I related it on several occasions. Mr. Geddes now reminds me that I mentioned it to him in 1804, when he was here as a member of the legislature, and adds that, after- wards, when in company with Mr. Jesse Hawley, it became a subject of conversation, which probably led to inquiries, that induced Mr. Hawley to write the essays which afterwards an- J Hawley . . t 1 wrote oaaaja peared m newspapers, on the subject of carrying a canal from «pon the sub. lake Erie to Albany, through the interior of the country, without J going by the way of lake Ontario. In 1808, our legislature adopted a resolution, proposed by Mr. Joshua Forman, a mem- ^j^JJ™ ber from Onondaga, " directing the surveyor-general to cause proposed it n . , - . . " , thoLegisIutur.- an accurate survey to be made of the rivers, streams, and waters (not already accurately surveyed) in the usual route of commu- nication between the Hudson river and lake Erie ; and such other contemplated route as he may deem proper," &:c. In pur- 40 CANAL LAWS, &c. 1809. snance of this resolution, after I had got all the information I ^— y— — J could obtain by epistolary correspondence, I commissioned Mi\ James Geddes, who has since been continued as an engineer on first personem^ the canal, to make surveys, and take the levels which the nature plore, d «fcc? CX " °f tne business required. My instructions were, that he should examine whether a canal could be made from the Oneida lake to lake Ontario, where Salmon creek enters it. This route had been represented as probably practicable, but was soon found im- possible. Mr. Weston, the British engineer who had some years before been employed by the Inland Lock Navigation Company, had reported the navigation from the Oswego falls to lake On- tario, along the Oswego river, as hardly susceptible of improve- ment by means of canalling. I therefore directed a route to be explored on the west side of the river, which had been favorably represented. This was done by Mr. Geddes, and a practicable route reported. He was next to level round the Niagara falls, and ascertain the best line of a canal from above the falls to Lewistown. This was also done ; besides which observations were made on the descent of the Niagara river from lake Erie to the falls. But the most important business remained yet to be done, and for doing which, in a manner much to be desired, we had not adequate means, the money appropriated for all that was direct- ed by the resolution being only six hundred dollars. What re- mained to be done was to ascertain the practicability, and most direct route of a canal from lake Erie to the Genesee river, and thence to the waters running east to the Seneca river. As our scanty allowance, when we had got thus far, would probably be nearly exhausted, Mr. Geddes was instructed to do this as well as it could be done, by mere inspection, without the use of instru- ments ; and to collect such information as might be useful in a further prosecution of the business, should the legislature think proper to provide for it. I had received such information from Mr. Joseph Ellicott, the Holland Land company's agent, as sat- Intarmation as isfied me that a canal was practicable from the Niagara to the to the route, Genesee river? by f n ow j ng the valley of the Tonnewanta to the summit, from which a descent might be made to the east ; but other parts of the country were also to be explored, in order to ascertain which, of all practicable routes, would be most eligible, and this resulted in a report of one almost precisely in the line, which, after repeated, elaborate and expensive examine C \ SAL LAWS, &oc 41 tions, has been finally adopted. Mr. Geddes was directed more 1809. particularly to pay attention to that part of the route which laid v " - ^ between the Genesee and the waters running cast into the Sene- ca river. Here some of the most difficult passes occurred, and levels were taken to ascertain the best manner of getting over them, w hich was specially noticed in the report, and followed, with but little deviation, in the final location of the canal. From the Seneca river, in the Cayuga valley, to the Mohawk river at Rome, and thence to Hudson's River, the face of the country is so well known, as to leave no apprehensions of insuperable difficulties. Thus then was, by the operations of 1808, the fact satisfactorily established, that a canal from lake Erie to Hud- son's river was not only practicable, but practicable with uncom- mon facility. The favourable light in which the report of this year's work presented the projected enterprise, after encountering prejudices from various sources, and oppositions made for various reasons, induced the legislature, in 1810, to organize a board of commis- sioners, with powers and means to prosecute the business. The commissioners were, Gouvcmeur Morris, Stephen Van Renssc- First Commit her, Be Witt Clinton, Simeon De Witt, William North, Thomas 9ioner8, Eddy, and Peter B. Porter; to which were afterwards added, Robert R. Livingston, and Robert Fulton. Under this commis- sion, the exploring surveys commenced in 1808, were continued under the direction of the surveyor-general, and preparatory measures concerted for ulterior effective operations. Mr. Ged- des was continued as the engineer, to prosecute the examination of the country, with the view of permanently locating the ca- nal. In this year he ascertained the place where the important passage might be made from the Tonnevvanta creek through the ridge which bounds it on the north, whence the country is on a continued descent to the Genesee river. By this means was avoided the very considerable additional length of canal, which would otherwise have been necessarily caused by a cir- cuitous route along the Niagara valley to the neighbourhood of Lewistown, before it could take its eastern direction along the northern declivity of the ridge. The commissioners were pre- vented from the effectual execution of their plans by the occur- rence of the late war. Since which the history of proceedings 6 42 CANAL LAWS, &c. 1809. relating to the canal may be collected from the documents which — v— ^ have already been published. I have thus given you a very condensed representation, or rather a loose outline sketch, of the inceptive operations which led to the serious undertaking of what we now call, with a justi- fiable pride, our grand canal. The official report of the trans- actions of 1 808 is composed in about sixty close written large quarto pages, with the necessary explanatory maps ; and remains deposited in the secretary of state's office. I am, very respectfully, your obed't h. serv't, S. DE WITT. Mr. William Darby. Letter from James Geddes Esqr. Canal Engineer, to Mr. Wil- liam Darby. Albany, February 22, 1822. Dear Sir — o " n of the Shortly after the receipt of your last letter, I was by the ca- New-lork ca- nal commissioners ordered on to the northern canal, to examine a new plan for a feeder, which has made it impossible for me to give the attention to your queries concerning our canals, which I intended. From what I shall send, you may perhaps pick out something that you will use. " At what period, and by whom, was either of the New- York canals designed ?" Canals between the Hudson and northern Wood creek, and between the Mohawk and western Wood creek, must have been contemplated by the first navigators of those wa- ters; things so obvious must have early struck every one, but the idea of the Erie canal is of very modern origin. In the winter of 1804, 1 learnt for the first time, from the surveyor-gen- eral, that Mr. Gouverneur Morris, in a conversation between them in the preceding autumn, mentioned the scheme of a canal from lake Erie across the country to the Hudson river. The idea of saving so much lockage by not descending to lake On- tario, made a lively impression on my mind, by which I was prompted on every occasion to inquire into the practicability of CANAL LAWS, fcc. 43 the project, and entered with enthusiasm on the task assigned me 1 809. by the surveyor-general in 1808, of expending the small sum of s^v-W six hundred dollars, then granted by our legislature, " for ma- king levels," &c. After spending the money and summer of that year in examinations between lake Erie and Ontario, Mud _ J The routo creek and Sodus bay, Oneida lake and Ontario, &c. the spot of explored, great difficulty and uncertainty respecting our inland route, re- mained unexamined, to wit, the tract between Genesee river and Palmyra, or head waters of Mud creek, and the hopes from a v iew of maps discouraging indeed. Where was the water to be got for locking over the high land that was supposed to rise be- tween Genesee river and Mud creek. All knowledge of an inte- rior route was incomplete, while this piece of country remained unknown. In December of that year, I again left home for the above object, and after discovering at the west end of Palmyra that singular brook which divides, running part to Oswego and part to the Irondequot bay, I levelled from this spot to the Gen- esee river, and to my great joy and surprise found the level of the river far elevated above the spot where the brooks parted, and no high land between. But to make the Genesee river run down Mud creek, it must be got over the Irondequot valley. After levelling from my first line 1J mile up the valley, I found the place where the canal is now making across that stream at Mann's mills. This formidable obstruction I examined, level- ling over where the canal is now making, and over the mill- pond, from which surveys I made the map of which I send yo u a copy. The passage of the Irondequot valley is on a surface not Irondrquot surpassed, perhaps in the world, for singularity. No ade- va,le y- quate idea can be conveyed without a map. Those ridges along the top of which the canal is carried, are in many places of just sufficient height and width for its support, and for 75 chains the canal is held up, in part by them, and in part by artificial ridges, between 40 and 50 feet above the general surface of the earth ; the sides of them are in most places remarkably steep, so that when the work is finished, the appearance to a stranger will be, that nearly all those natural embankments were artificial works. At A, the base of the ridge is so narrow, that for some chain- stone walls are built on each side, to keep the earth from filling the roads at its base. The nrch through which the stream passes under this stupendous embankment is 2f> feet span. 17 44 CANAL LAWS, bo. 1809. feet high, and 245 feet long, resting upon nearly 1000 piles, «— vr— ' S ome of them driven 20 feet. The surface of this wood foun- dation is just 70 feet below the top-water line of the canal. At JB the ridge is higher and wider than is needed for the support of the canal, and the view to the south obstructed for a short distance. The red figures on the map show, in feet, the eleva- tion of the place where they are, above the surface of the mill- pond; the whole country thinly timbered with oak. While traversing these snowy hills in December, 1808, I little thought of ever seeing the Genesee waters crossing this valley on the embankment now constructing over it. I had, to be sure, lively presentiments, that time would bring about all I was planning, that boats would one day pass along on the tops of these fantas- tic ridges, that posterity would see and enjo}^ the sublime spec- tacle, but that for myself, I had been born many, very many years too soon. There are those, sir, who can realize my feelings on such an occasion, and can forgive, if I felt disposed to ex- claim Eureka, on making this discover}'. How would the great Brindley, with all his characteristic anxiety to avoid lockage, have felt in such a case : all his cares at an end about water to lock up from the Genesee river, finding no locking up required. Boats to pass over these arid plains, and along the very tops of these high ridges, seemed then like idle tales to every one around me. Seventy-three dollars was afterwards allowed by the legis- lature in addition to the six hundred. The east end of lake Erie, where the canal boats and lake ves- I.6ke S Erie d ° f se ^ s shall come together, will one day become a ver}' important spot. To understand its particular localities a map is indispen- sable. Great difficulties attend getting a spacious harbour at this place, and a very spacious one will be required. From ex- aminations made last fall, I have made myself so well acquaint- ed with every thing relating to this place, as to abandon my for- mer plan of making a harbour by uniting island to island, by mounds, as published by Mr. E. Watson. At present, I propose to have the canal terminate opposite the lower end of Squaw island, at which place, let the island be connected with the main shore, by a dam raised to the level of the lake, which is from 3 to 4 feet higher than the river's surface at this place. After raising such parts of the island as are too low, to the lake level, run a mole from the upper end thereof, in length about 1| mile to the surface of the lake, a little above Bird island, the height CANAL LAWS, fcc. 45 01 which mole shall correspond with the level of the lake. About 1S09. 4 chains from the shore, on an average, is as far out as this mole * v — ought to be built, that sufficient waterway may be still left in the Niagara river. The surface between Squaw island and the shore is almost 80 acres, with 56 between the mole and the shore, is 136 acres. But in all probability, this harbour will in a short time be insufficient for the boats and sail vessels that will crowd into it in the spring season. A lock will then be wanted to lock out into the river where it is still and deep, below Black-Rock Rapid, and such a lock is now much wanted for the use of all such vessels as are by stress of weather, driven through the Bri- tish channel down the rapids, for the purpose of locking them up to the lake level again. * At present, these vessels are drawn up by 15 or 20 yoke of oxen. Out of this harbour a brand i canal can be made to Buffalo village. The creek here is, for H mile in length, on an average 3 chains wide, deep enough for lake vessels. This makes but 30 acres, not quite equal to one of the East India docks, artificial works in London. In Mr. Haines' " Introduction, See/' lately published, he says, £; when 14 the destinies of the western country are duly considered, and u the riches of our own state are duly appreciated, it is no vi- M sionary calculation to say, that a million of tons (annually) will pass through the western canal in the course of a few years." And, if a few years will do all this, what shall time, bringing on these destinies with an accelerated velocity, accomplish, be- fore all the eyes of the present planners shall be for ever closed. The annual report of our canal commissioners will in a feu days be published, from which the present state of the canals will be seen ; I will, sir, send you a cop}' as quick as it is in my power, and shall regret much if your printer shall not allow tim« for you to see said report in season to avail yourself of it. Some things that I have dwelt upon may not interest you, as 1 may have expected. The Irondequot embankment will I think receive the admiration of all visitors. I have seen, sir, the fa- mous Harper's ferry on the Potomac, and if the philosopher of Monticello, could sec, when finished, said embankment, I trust he would pronounce it a sight still more worth a voyage across the * For no vessel, in a stonn, can enter either the harbour lure described, or the One o.->n?trnrt'n^s< B'iflaJo. Hi ( A VA L LAWS, &c. 1810. Atlantic, than Harper's ferry. On the highest part of the penin- sula, what a site for a Belvidere. If I print any more of my maps of the Champlain canal, there shall be laid down on it the new proposed feeder, between 6 and 7 miles long, intended as a canal past Glen's-falls and Baker's falls. Respectfully, I am, Sir, your most obt. servant, J. GEDDES. Mr. W. Darby. VI. In Senate, March lo, 1810. Mr. Plain's On motion of Mr. Piatt, the following resolutions, with their resolutions. . . , . recitals were passed, to wit — Whereas the agricultural and commercial interests of this state require, that the inland navigation from Hudson's river to lake Ontario and lake Erie, be improved and completed on a scale commensurate to the great advantages to be derived from the ac- complishment of that important object. And whereas it is doubtful whether the resources of the western inland lock navigation company are adequate to such improve- ments : Therefore, Resolved, (if the honorable the assembly concur herein) That Gouverneur Morris, Stephen Van Rensselaer, De Witt Clinton, Simeon De Witt, William North, Thomas Eddy and Peter B. Porter, be and they are hereby appointed commissioners for ex- ploring the whole route, examining the present condition of the said navigation, and considering what further improvement ought to be made therein : that they be authorised to direct and pro- cure such surveys as to them shall appear necessary and proper in relation to these objects, and that they report thereon to the le- gislature at their next session, presenting a full view of the sub- jects referred to them, with their estimates and opinion thereon. And whereas numerous inhabitants of the counties of Oneida, Madison and Onondaga, have by their petitions represented, that by reason of the spring freshets the Oneida lake is usually raised so high as to inundate larcre tracts of land adjacent thereto, which ( ANAL LAWS* Sic. IT are thereby rendered unfit for cultivation and highly injurious to 1810. the health of the neighboring inhabitants ; and that the said evils * v — may be easily remedied by removing a bar and deepening the channel at the outlet of said lake. Therefore, Resolved, (if the honorable the assembly concur herein) That the commissioners above named be and they are hereby directed to examine the subject of the said petitions, and to report to the legislature their opinion as to the practicability, the expense and the effects of removing the bar and deepening the channel at the outlet of said lake. In Assembly, March 15, 1810. do concur with the honorable l ;enate in their said preceding resolution. concur. Resolved, That this house do concur with the honorable the As8cmblT Extract from the act entitled " an act for the payment of certain offi- cers of government and for other purposes" passed April 5, 1810. [Session 33. chap. 193. §.43.] XL1II. And be it further enacted, That the treasurer shall pay, ^©oo appro- on the warrant of the comptroller, to the order of the commis- P na ted, VI J. Report of the Commissioners appointed by the last preceding joint resolution of the Senate and Assembly. In Senate, March 2, 1811. The Commissioners appointed by joint resolutions of the honour- able the Senate and Assembly of the state of New-York, of the 13th and Ibth March, 1810, to explore the route of an inland navigation from Hudson's river to lake Ontario and lake Erie, beg leave to REPORT: Report of the That they have examined the country as critically as time commissioners. " " * and circumstances would permit, and caused surveys to be made for their better information. They beg leave to observe, on the present navigation of the Mohawk river, Wood creek, Oneida lake, and the Oswego river, which extend from Schenectady to lake Ontario, (saving only a portage at the Falls, within twelve miles of Oswego) that expe- rience has long since exploded in Europe the idea of using the beds of river, beds of rivers for internal navigation, where canals are practi- ce, exploded ca ^\ et rpj^ reasonm g on tna t subject, applies with greater force in America. For in the navigation of rivers, reliance must be had principally on the labour of men ; whereas, along canals, the force employed is generally that of horses. But the labour of men is dearer, and the subsistence of horses cheaper in Amer- ica than in Europe. Experience moreover, has, in this country, declared against following the course of rivers, more decidedly than in the old world ; for there, notwithstanding the excellence of the highways, transportation is performed (between Rouen and Paris, for instance) in boats drawn up the river : but along the Mohawk, though the road from Schenectady to Utica is far from being good, it is frequently preferred to the river. Canals from g v t h e aid of canals, a good navigation (for boats) can un- Schenectady to J « «\ i l t« 11 • 't" r\ Oswego river questionably be made from Schenectady to the r alls m the Os- son, & c e Hud wego river, twelve' miles south of lake Ontario. From Sche- nectady to the Hudson, and from the Falls just mentioned, to the lake Ontario, a boat navigation is also practicable ; but whether it be advisable, may deserve consideration. \ preliminary point to decide, is. whether by this rente, vessels CANAL LAWS, &c. .IV can be taken across, of size and form, to navigate with advan- 1811. tage, lake Ontario and Hudson's river ; such, for instance, as <^-v^*> sloops and schooners of fifty or sixty tons. Can vr _ The commissioners believe this to be impracticable, from the navigate lake-, 1 m &c. r want of w ater at the summit level. Whether a sufficient supply even for boats can be obtained in a dry season, should the whole trade of the great lakes be turned that way, is a matter worthy of consideration. Admitting, however, that the boat navigation were completed to the Falls, in Oswego river, and a sufficient supply of water secured, it remains to inquire whether it would be prudent to expend what may be needful on die navigatiou between those Falls and the lake. It will be seen by the report of the surveyor hereunto annexed, Descent from that in this distance there is a descent oi little less than one lake, hundred feet, and that the circumstances are peculiarly unfavour- able; so much so, that an intelligent, practical man (Mr. Weston) formerly pronounced it impossible. That word, however, when used on occasions of this sort, must be understood as standing in relation to the means which can prudently be applied to the end. In examining the amount of expenditure which prudence may justify, it is to be noted, that if the same boat which arrives at the upper end of the Falls, could after reaching Oswego, pro- ceed on her voyage, it might be worth while to calculate whether the saving of time and expense in lading and unlading, would bear any rational proportion to the cost of completing that navigation ; but that is not the case, and therefore it would be Rail wtjr. more advisable if the communication be deemed of sufficient im- portance to construct a rail-way. This, according to the estimate of an intelligent and experi- enced man, (Mr. Latrobe) annexed to Mr. Secretary Gallatin's report on canals and roads, would cost about 10,000 dollars per mile ; and by the aid of it, one horse could transport eight tons, p owerol - w# supposing the angle of ascent not to exceed one degree. hgrse - But an angle of one degree will ascend in a mile upward? cf ninety-two feet, or nearly as much as the difference of level in the whole twelvp miles. If, then, two dollars be allowed for a horse, wagon and driver's wages, (with such return load as he ££$? ioa of can procure for his profit) and ten cent? be allowed for the use of the rail-way, and if it be supposed that only fire »ous be takeg, 60 CANAL LAWS, kc\ 1811. instead of eight, the cost will be for each ton, the twelve miles, v^^/-^' forty-two cents, or three and a half cents per mile ; at which rate, one hundred and forty miles, (a greater distance than be* tween Oswego and Lewistown, along lake Ontario) would come to four dollars ninety cents, being thirty-five cents less than the freight now paid. A question, however, of more importance, presents itself. Admitting that it were easy to complete a boat navigation from Home to lake Ontario, and more difficult and expensive (in com- parison) to effect a canal navigation to lake Erie, would it not toe advisable to descend into lake Ontario, rather than encounter the difficulty and expense of the other course ? The Commissioners believe it would not ; and without relying as they might, for support of their opinion, on the comparative expense of transportation, (a topic which will find a better place elsewhere) it is sufficient to say, here, that articles for exporta- tion, when once afloat on lake Ontario, will, generally speaking, go to Montreal, unless our British neighbors are blind to their own interest ; a charge which ought not lightly to be made against a commercial nation. Freight from Niagara to Oswego will, from the difficult and dangerous access to that harbor, be as high as to the head of the rapids in the river St. Lawrence. The descent from thence to Montreal is less than the ascent from Oswego to Rome. It is Lake oiitario true that lake Ontario is estimated at one hundred and nine- 3SG leet above tide watexyand ty-six feet above tidewater, and the Rome level, only one hundred 384 above the and eighty-four feet above the lake: but there is a considerable descent in the river St. Lawrence, in a distance of about seventy miles, to the lower end of the present sloop navigation, through which the current is sometimes strong. There is also a consid- erable descent from Montreal, in a distance of about thirty miles to tide water in the lake St. Peters. Perhaps it will be found that an average allowance of three inches per mile, (in the whole, upwards of twenty feet) is not too much, and that the river at Montreal i$ not one hundred and seventy feet below the upper surface of the gailot's rapids. In the distance of one hundred miles between these places, there are forty < f still water, viz. about thirty in lake St. Francis, between the foot of Long Saul and the head of the Coteau du Lae rapid, and upwards af CANAL LAWS, to. ten in the lake of the Two Mountains, between the loot of the 1811, cascade at the cedars, and the La Chine rapid. -v— Thus there will remain but sixty miles of canal, with an ave- rage fall of thirty-four inches per mile. The land descends proportionately to the water, so that there can be but little deep cutting ; the soil is easy to dig, there are no streams or ravines of any consequence to cross, and there is an inexhaustible sup- ply of pure water, which never varies much in its height, for any canal whatever. Under circumstances so propitious, it is probable that a good sloop navigation from above the gallots, to Montreal, would cost less than a good boat navigation from Oswego to Rome. The extent of this last, deducting the Oneida lake, is fifty-six miles ; the fall is on an average near forty inches per mile ; the supply of water is doubtful, and in twelve miles of the distance, obstacles almost insurmountable, present themselves. These are facts, to which it would be in vain for the citizens of the L nited States to shut their eves. The eyes of a rich, enter- prising, commercial rival are open ; and when it is considered that (if the means of easy export be supplied to the inhabitant < w ho may settle near the great lakes) that country will, in no distant period, furnish a more abundant stock of commodities for foreign trade, than is now sent from all the Atlantic ports of the union — it would be absurd to doubt, whether, in the compe- tition for that commerce, our neighbors will employ the means in their power ; nor must it be forgotten, that the revenue which under present circumstances is raised from commerce, and which no probable change will reduce below an ad valorem duty often per cent, cannot but operate in favour of our rivals. True it \s 3 that as far as regards the pecuniary benefit of those who may settle along the lakes, the route by which their products are sent abroad, and their supplies of foreign articles introduced, must be to them a matter of little consequence. But the political con- nexion which would probably result from a commercial connex- ion, certainly deserves the consideration of intelligent men. The Commissioners have no doubt, that obstructions at the obstructiatn mouth of Oneida lake may be removed, so as to lower the surface JJ ol J 7 Oneida lake* of that lake from eighteen inches to two feet, at no great ex- &c. pense, and with little, if any, injury to the navigation. But they have not been able to satisfy themselves that the lands con- templated in the petitions which the joint resolutions refer to, CANAL LAWS, feci 1S1L would be in any wise affected by operations at the mouth of **-^v - ^' Oneida lake. According to the information they have obtained, these lands are inundated by the waters of Butternut, Limestone, Chiteningo and Canaserago creeks, obstructed before their en- trance into the lake. Mr. Geddes' i n respect to an inland navigation direct from lake Erie report referred ° ■to. to Hudson's river, the Commissioners beg leave to refer for in- formation to the annexed reports and maps of Mr. James Geddes, employed at their request by the surveyor-general. . From these it is evident that such navigation is practicable. Whether the . route he sketched out will hereafter be pursued ; whether a better may not be found— and other questions subordinate to these, can only be solved at a future time, when an intelligent man, regularly bred to this business, shall', under the direction of those on whom the public may think proper to devolve the superin- tendence, have made a more extensive and careful scrutiny than the time and means of the Commissioners would permit. They conceive, however, that it may not be improper to say a few Route divided words on the topography of the country, which maybe divided parts. into three parts, nearly equal. 1st part r ^^ ie M° naw k river, as is well known, runs in a deep ravine, Mohawk river, and there is, generally speaking, along its banks a vale of rich soil. In different places, however, spurs from the neighboring hills project themselves to the edge of the river. On the north side, fall in sundry small streams, and two (the east and west Canada creeks) which are large and copious, especially the latter ; they are both rapid, and run in deep ravines. On the right side, also, there are several tributary streams. The most considerable of these is the Schoharie, which, rising among the Catskill mountains, has scooped out, with its impetuous waters, a wide and deep ravine. The stream next in importance, coming in from the south, is the Oriskany. Oriskany, which is especially valuable, because it enters the river not far from the summit level at Rome, and may, perhaps, be- come useful as a feeder. This forms the first, eastern, or river division, in which navigation, though defective, already exists. In this division, with proper management, there will be no defect of water for a boat canal, unless, perhaps, in very dry seasons, at the summit level. 2d jjart. The second, middle, or lake division, extends from the summit level westward to the outlet of the Canandarque lake> In it. lie CANAL LAWS, be; four lakes, the Oiisco, Skeneatelas, Owasco and Canandarque, 1811. higher than anv canal which may be extended from lake Erie to v * v ' l-anandarqje, the Hudson, and furnisning a copious supply of water. Ot the Ot.sco, Skeoe- two largest kikes, the Seneca, increased by a stream from Crook- bwasco lake, ed lake, lies nearly on the same level with Rome, but the Cayuga much lower. In this division, the turnpike road crosses high hills, but they all terminate not far north of it, leaving a large deep valley, upwards of eighty miles long, from east to west, and about twenty wide from north west to south east. If, "indeed, the Cayuga lake, embosomed in a ravine which opens to the north on the valley, be considered as part of it, the breadth will be fifty miles. In Cayng^Onoo* r + daira and One;- this valley, lie the Onondaga, Cross and Oneida lakes. It is dalakc. bounded on the north, by a dividing ridge of land, which stretches from near theGerundegut bay, eastwardly,to the neigh- borhood of Rome, where it joins the dividing ridge north of the Mohawk, between the waters of the St. Lawrence and those of the Hudson. The third, western, or dry division, extends from the western r , 3d P 8 ^; ' 1 . . Lake division. boundary of the . lake division to lake Erie. In this, although Genesee river, the Genesee river runs through it, a want of water is already felt, and will daily become more sensible, as the country is clear- ed. The Genesee river, itself, is a torrent, which, however co- pious, or even superabundant it may be in the spring, is in the autumn almost dry. This tract of country, especially after parsing the Flats of the Genesee, may, with little violence to the propriety of language, be called a plain : and here it may be proper to notice a peculiarity in the shape of the northern, and much of the western part of the state, which distinguishes it widely from the country lying south east of the mountains. The descent from the dividing ridge, northward, is generally by a gradation of plains,* nearly horizontal. These, and the Deseea^An streams by which they are watered, have a similar, and, as it were, a simultaneous descent. Thus the rivers are but a kind of lakes, lying in plains, and communicating by falls and rapids with each other. These gradations have sometimes a small rise, immediately before descent ; at other times, in ascending from one, we come immediately to the other. In no case is the pecu- * The word plains might lead into error. It is therefore proper to state that hills are scattered about, which vary the surface to the eye. But on examination, it will be found that. s^nera^y speaking, tbrir bsrws are a!! on the «nmc extended r»fairv 54 CANAL LAWS, ^ 131 1. Jiarity of shape more worthy of remark, than at the cataract of Vb *~-^ * Niagara. In coming from lake Erie, where the sight cannot reach over the expanded surface, proceeding along the level bank of the Niagara river, to the head of the rapids immediately above the Falls, and thence pursuing a northern course, the tra- veller ascends but thirty-eight feet before he descends three hun- dred and forty-five to the plain in which lake Ontario is stretched out from east to west, upwards of one hundred and sixty miles. Lake Erie 329 The surface of lake Erie is three hundred and twentv-nine feet leet above lake J Ontario. above that of lake Ontario, which being taken from the whole descent just mentioned, leaves for the rise of land between those two great reservoirs, but sixteen feet. This rise, and others similar to it, are called by the inhabitants the ridge, the ledge, the slope and the hill. A more proper general appellation perhaps, is, the steep, though occasionally by the elevation each way, it becomes truly a ridge, or from the horizontal strata of stone, as truly a ledge. In some places the descent is by a gentle slope, in others, more precipitous, and in some, almost perpendicular. Two of these extend eastward Niagara riv- from the shore of Niagara river nearly parallel to, and distant from each other about fourteen miles. The higher, or southern Three steeps, steep, commences at Black Rock, where the river issues from lake Erie. The northern commences at the Falls, and after an eastern course of fifty or sixty miles, bends towards, and ap- proaches the southern, after which they both take a southern direction for thirty miles, but return again on the east side of the Genesee : or to speak more correctly, that river, after breaking through them by successive falls of sixty and ninety feet, thirty miles south of the high road, in the township of Leicester, runs in a ravine to the northern part of that township ; when the steeps again diverge, the southern stretching eastwardly to the west side of Seneca lake, and then southerly to the high grounds from whence flow the waters of the Tioga ; while the other keeps an eastern direction to the hills from whose southern declivities flow the Chenango and Unadilla. There is another steep still more north,' which branches out from thet last mentioned, near the eighteen mile run, (a stream whose mouth is at that distance from that of the Niagara river) and diverging northward, is for some distance in its eastern progress indistinct. It extends, however, to the lower Falls of the Genesee, and is there crossed by that river, as also beyond it by streams, which fall into tlifc CANAL LAWS, &c. 55 Gerundegut "bay; after which it becomes properly a ridge, and 1811. extends beyond the falls of Oswego river, as has been already mentioned. Of these three steeps, ledges, or ridges, the most M)uthern is distinguished by lime-stone mixed with tlint. The middle, by the same stone mixed with shells, and the most north- ern, by freestone and slate. Over the southern steep, west of the Genesee, fall Ellicott's brook and the Tonewanta, (which enter Niagara river by the same mouth opposite to Grand Island) also, * Allen's brook, which makes at its passage the Buttermilk Falls, and runs to the Genesee. Over the middle steep, in the same division, falls the Oak-orchard brook, which enters lake Ontario, about .thirty miles east of Niagara river. The lower falls of this brook, as well as those of the Genesee, are over the northern steep. The Canesus, the Hemlock, the Honeyoyo, the Canandarque Canesusanoi and the Crooked lakes, lie south of the southern steep. The Seneca, the Owasco, the Skeneatelas and Otisco lakes, lie south of the middle steep ; north of which, lie the Cayuga^ Onondaga, Oneida and Cross lakes. The Tonewanta falls over the southern steep twenty-five feet, Tonewapu*. and passing the village of the same name, runs in a level valley of brown clay upwards of twenty miles to its mouth in Niagara river. From the Tonewanta village, north eastward, in less than five miles, (chiefly through a swamp) the Oak-orchard brook receives the waters of the swamp, and falls, as lias been already men- tioned, into lake Ontario. The Tonewanta brook, three feet higher than the swamp, is separated from it by ground, whose elevation is not more than five feet, the distance is short of a mile, and the soil being clay, it will be easy (by turning its wa- ters into Oak-orchard brook) to convert the Tonewanta from its I mouth, upwards, into a canal. It has above eleven miles from its mouth, a depth of twelve feet, interrupted, nevertheless, by five bars, or shallows, composed of round stones, buried in clay. During this space, the breadth is in general forty yards, though in the narrowest part not more than thirty. The first shallow, ^Ffrcbuw about three miles from the mouth, is called Miller's Ford, and is not above twelve yards wide ; the next, about a mile beyond it, walled House's Shallow, extends east and west nearly one hundred and twenty yards, the depth of water from two and a half to three feet. Two miles farther up, is Chr^tm-Ts's Rapid Thi- 5$ CANAL LAWS, Sic, 1811. extends east and west near two hundred and fifty yards, with a * v * depth of from fifteen to eighteen inches ; at this rapid the fall is three inches, except when a westerly wind brings up the water of lake Erie. The breadth of the Tonewanta is here forty-eight yards, and no where below it less than forty. The next bar, about a mile from the last, is called Van Slyke's Shallow ; it extends forty-two yards, the depth in the shortest place twenty inches, but in general from two to three feet. The fifth and last bar, at eleven miles from the mouth of the creek, extends near one hundred and eighty yards, and has from one to two and a half feet of water. To convert this water course into a canal twelve feet deep, du- ring the whole distance of eleven miles, will require, at most, an excavation of eighty thousand cubic yards. The surface here is four inches higher than at the mouth, which is five feet lower than the surface of lake Erie. At about five miles and a quarter north from this place, in the middle steep, is the source of one branch of the eighteen mile brook, at a distance of about ten miles from lake Ontario, and about three hundred feet above its surface ; consequently, nearly thirty feet below the surface of lake Erie* The greatest elevation of ground between them is twenty-one feet above that surface ; it is, however, en an average, for the space of three miles, twenty feet, and the remaining two miles and a quarter, about seven feet. General views. For a more particular, knowledge of the ground, reference must be had to the profile made by Mr. Geddes, and which is hereunto annexed. It is self-evident, that the cost of excavation per cubic yard, must depend on the substance in which the exca- vation is made ; it must depend, also, on some other circumstan- ces. In deep cutting, for instance, not only must there be wide cutting to prevent the earth from falling in, but there will be, gene- rally speaking, more labor, and consequently more expense in moving the earth after it is dug. It may become, therefore, in many cases, more advisable to pierce the earth by a tunnel, than to take down the top of a hill. In the present instance, by means of wood railways, which may be constructed from the surrounding forests for temporary purposes at a trifling expense, the materials may, when dug, be made, as it were, to transport themselves along by gentle declivi- ties, to fill that part of the ravine through which the canal is to pass. < AVAL LAWS, &€. S7 in the construction of canals when recourse is had (as must 1811. generally be the case) to rivers for a supply of water, it is found v v*-— * necessary to guard with scrupulous care, and, not unfrequently, at enormous expense, against those floods which, pouring a tor- rent into a canal, and tearing down its banks, might at once de- stroy the navigation and inundate the country. .Moreover, it is found, that canals depending on rivers, fre- quently, like the rivers themselves, want water in the season when it is most necessary. Indeed, to suppose the quantity of water in a river, when turned into a canal, will remain the same, would lead to serious disappointment. Much must be allowed for evaporation, and, notwithstanding the utmost care, more will filter through the sides and bottom of a canal, than those of a river, which are generally saturated. Thus, then, two prominent evils present themselves in feeding FeeSera from rivers, viz. In spring, they pour in too much water, and can afford none in autumn, when it is most wanted. There is still another evil, which, though not so imminent, becomes eventually of serious moment. When the country shall be cultivated, streams swoln by showers will bring down, mixed with their waters, a proportion of mud, and that, in the stillness of a level canal, will subside, and choak it up. It is also to be noted, by those who shall construct canals in this country, that the true character of a river cannot now be known. Large tracts, (for in- stance, west of the Genesee) which appear as swamps, and through which causeways of logs are laid for roads, will become dry fields, when no longer shaded (as at present) by forests im- pervious to the sun. In the progress of industry, swamps (the present reservoirs of permanent springs that burst out on a lower surface) will be drained, whereby many of those springs will be dried. Of such as remain, a part will be used to irrigate inclined plains. Moreover, in every place tolerably convenient, ponds will be collected for mills and other machinery, from whose surface, as well as from that of the soil, the sun will exhale an ample tribute of vapour. Thus the summer supply of rivers will be in part destroyed, and in part consumed, whereby their present autumnal penury must be still farther enhanced. But in the spring, the careful husbandman and miller will open every ditch and sluice to get rid of that water which, though at other times a kind friend and 8 58 CANAL LAWS, &c. 181 1. faithful servant, is then a dangerous enemy and imperious master. * v ' Of course, much of what is now withheld for man}' days, will then be suddenly poured cut. The torrents must therefore rage with greater fury hereafter than they do in the present day. Considerations like these, while they cast a shade over many contemplated enterprises, give by contrast a glowing hue to that which we have now to consider. The canal from lake Erie to the Hudson, may be fed by pure water from lakes, provided mounds and aqueducts be made over intervening vallies, or the canal be carried round them. In every case the attending cir- cumstances must decide. In general, also, it is only after a more accurate examination of the ground by a skilful engineer, well practised in such busi- ness, that the best mode can be adopted for the species of naviga- tion which may be ultimately determined on, viz. Whether for vessels which navigate Hudson's river, and lake Erie, or for bar- ges of from twenty to sixty tons. If the passage were only of a few miles, the propriety of bring- ing vessels of eight feet draught of water across (if practicable) would be readily admitted. But it may well be questioned, whether, to save the expense of lading and unlading at each end of a canal three hundred miles long, the expense of cutting two yards deeper than would otherwise be necessary ought to be en- countered. Should canals ^ nas g enera My Deen assumed, and perhaps too lightly admit- be made on a ted, that canals should be made on a perfect level. This axiom perfectlevel? k . j , ~ would not be questioned, it the transportation each way, were oi equal burden, if the distance or the frequency of good feeding streams were such as easily and constantly to suppty, without danger of excess, the incessant waste of water by absorption, leakage and evaporation, and if the waters to be connected, were on the same level. But in a case like the present, rational doubts may be entertained. The difference of level being upwards of live hundred feet, all the descent which can prudently be obtained by an inclined plain, is so much saved in the expense of lockage ; and in all human probability, the transportation, for centuries to come, will be of so much greater burden from the interior coun- try, than back from the sea, that a current from the lake is more to be desired than avoided, more especially as it will in some de- gree counteract the effect of frost. That inexhaustible stream CANAL LAWS, fcc of limpid w ater which flow s out of lake Erie, w ith little variation 1 of height to endanger the canal, is a strong temptation to nse it v exclusively, until auxiliary supplies can be draw n from other re- servoirs equally pure. Nor is it improper in this case to remark, that it is impossible there should ever be a considerable variation in the surface of Niagara river, at the mouth of the Tonewanta. No supposable fall of rain or melting of snow, even if both were to take place at the same time, in the country which surrounds the great lakes, could raise in any considerable degree their extended sur- face. Indeed, we know, from experience, that a greater difference of elevation at the mouth of lake Erie is occasioned by a change of wind than by any variation of the seasons. Admitting, however, a considerable rise of water, no matter from what cause, at the source of Niagara river, it cannot suddenly, from the narrow ness and shoalness of the channel, produce a correspondent rise at the foot of the Black Rock rapid : and the elevation there must, in the nature of things, exceed that which is occasioned by it fifteen miles lower down ; more especially as the river, including the two chan- nels round Grand-Island, has for the greater part of the way nearly three times the breadth which it has above. If, however, it were only a deep bay, the w ater pressed forward by the wind, would be piled up to a considerable height, but instead of that the river here, with a breadth fully double to what it has at Black Rock, precipitates itself over the first ledge in its headlong course to the cataract : so that an increase of height is instantly coun- teracted by the increased rapidity with which it rolls over the rock. In all events, it would be advisable to use this water exclusive- ly for a great part of the way, even if die country afforded other resources ; and to this effect, there must be some descent in the canal. What the precise amount of that should be, in every mile, t he commissioners presume not to say. They do not pretend to sufficient know ledge on the subject, and with all proper deference, refer it to a practical engineer. Nevertheless, like other men possessed of common discern- ment, they perceive not only that the quantity of water which runs in a given time, must be proportionate to the rapidity with which, and the aperture through which it passes ; but also that the rapidity itself will depend not merely on the declivity, but also on the mass ; because, in a deep and wide channel, the fric- CANAL LAWS, he. 1811. tion must be less than in one that is narrow and shoal. It will s — — V— depend also on another circumstance, whose effect (that single cause remaining the same) will vary, according to such of the preceding circumstances as may be connected with it. Admit- ting, for instance, a stream to be deep and wide, in descending an inclined plain its velocity will be accelerated. But if the inclina- tion be not great, and the channel, shoal and narrow, the friction may so counteract the descent as to retard the velocity. From these considerations it is evident that the sum of descent must depend primarily on the quantity of water required. This, in navigation ascending and descending by locks, must be greater than when carried along a plain. It must also be greater in a loose, than in a stiff soil. Moreover., the quantum of descent re- quired must, after the needful supply of water is ascertained, de- pend on the length, the width, the depth, and finally on the course of the canal, whether direct or serpentine. And here the same common sense presents another important consideration. The amount of rapidity which may with safety be hazarded will de- pend on the texture of the substance through which the current passes. No navigable velocity can injure a rock of granite ; but a gentle current will sweep off the substance of bog meadow. In like manner, banks which resist when the course is direct, may be eaten away, and the current itself be retarded, if propel- led along a tortuous course. The commissioners cannot, therefore, too often repeat that their report must be accepted as suggestions proceeding from a super- ficial view, and not as conclusions founded on sufficient and scientific investigation. Estimates of -^ ter tms Preliminary caution, they assume hypothetically that descent. a canal were run in such manner, as that the average descent were six inches in every mile. Whence, taking the surface of lake Erie as the standard level, they have in gross the following re- sults : From lake Erie to Miles. Descent. Total descent. Actual descent. The mouth of Tonnewanta 10 5 feet 5 feet 5 feet Genesee river, about 68 34 „ 39 „ 65 „ Seneca lake, 46 23 „ 62 „ 145 Cayuga lake, 6 3 „ 65 „ 195 „ "Rome summit, 66 33 „ 98 „ 145 CANAL LAWS, 6:c 01 Mites. Descent. Total descent. Actual descent ISl I . Little Falls of Mohawk, 38 19 „ 117 „ C 203 1-2 . t 245 1-2 5> y * Schoharie, 38 19 „ 136 „ 293 l-2„ Height of land between ) Schenectady & Albany, ) 24 12 » MS „ 220 „ Hudson's river, 14 155 „ 525 „ 310 Casting an eye on the map, it will be seen, that the first difli- Difficulties culty in the above course will be, to cross the Genesee at an ele- sug ° e5te vation of twenty-six feet above its surface. But unless the canal be lowered down to that river, the expense of an aqueduct can- not be avoided ; because from the upper falls, which are too high, there is little descent to the lower falls ; and if, from am cause, it be advisable to cross it by an aqueduct, the addition of a few feet in the height will not much increase the expense ; in- deed, considering the swell of the river in freshes, an elevation short of twenty feet would scarcely leave sufficient space under the arch. The next difficulty will be in crossing the mouth of Seneca lake by an aqueduct eighty-three feet high. But this also, if a convenient place can be found, will not be important, because a moderate aperture will suffice to void the equable stream from that lake. The third difficulty is at the mouth of Cayuga, where the ele- vation is one hundred and thirty feet. Even this might be en- countered without any unusual hardihood, if the hills approached each other. But the valley to be crossed is not much, if any thing, short of a mile ; and to erect a mound of that length and of the sufficient height and breadth, is an herculean labor. Whether it will be performed, must depend on the arm that under- takes this task, respecting which, a few words may find their proper place herafter. Supposing, however, that difficulty to be surmounted, it is be- lieved that none will remain which cannot be, in a considerable degree, avoided by bending occasionally to the southward, and returning round the northern points of the hills till the canal is brought opposite to Rome. Its elevation there above the Mo- hawk will be forty-seven feet or less, by one foot for every two miles that it may be lengthened. The general face of the coun- try here, leaves no room to doubt, that convenient prroundcan iV GAft&L LAWS, k* . 3 811. discovered south of Rome, at an elevation oi' forty feet above the v ' Mohawk. How far it may be practicable, between that place and the hills east of the Schoharie, must be decided by actual survey. The elevation, if not in other respects injurious, will be useful in passes that might, otherwise, necessitate a descent to the Mo- hawk. Thus, at the Little' Falls at that river, the canal, at an elevation of eighty feet above its upper surface, may, it is believed, be brought through or round the hill at no enormous expense. The still greater elevation of one hundred and fifty feet at the Schoharie, will permit of a considerable bend to find some nar- row gorge, and finally an elevation of seventy feet above the height of ground between Schenectady and Albany, will enable the engineer to choose for the course of his canal and the posi- tion of his locks, the most suitable soil and convenient situations. In a word, if, on due examination, any thing of this sort should be found practicable, instead of depriving the country of water, every drop of which is needed by its inhabitants, they will gain a great addition from the canal ; and as to the navigation, singly considered there can be no doubt but it must in that w ay be su- perior to a waving course ascending and descending by locks. For, not to mention the expense of constructing and keeping them in repair, the time spent and tolls paid in passing them, must considerably enhance the freight of goods. But if there be no lockage, and the toll be no more than is needful to keep Estimates of the canal in repair, it will amount to so little as not to merit no- profit"? a,ld tice in a calculation of freight. Rejecting it, therefore, and al- lowing two horses and three men to take a boat of fifty tons bur- den, twenty miles a day, which is certainly within bounds, and putting the whole expense at live dollars on the lading, down- ward, (leaving the return load as profit) or which is equivalent, reducing the distance one half, we have fifty tons transported ten miles for five dollars, being one cent per ton per mile. To speak, then, in round numbers, it will cost three dollars to bring a ton from lake Erie to Hudson's river, being little more than one half of what is now paid for freight on lake Ontario, between Oswego and Lewistown. Without entering into calculations (which every person can easily make for himself) to enumerate the bulky articles which will derive value from such facility of transportation, it may be proper in this place to recur again to the commercial competition with our British neighbours. CANAL LAWS, be. A tolerably good navigation np and down the St. Lawrence, already exists ; but the cheapest rate at which transportation has v been performed within the last ten years between Kingston and Montreal, according to the best information the commissioners have been able to obtain, is one dollar per hundred ascending, and half as much descending the river. But admitting the freight could be so reduced as to be on a level with that between Albany and New-York ; admitting, also, that the transportation across lake Ontario could be performed as cheaply as through the proposed canal, and even admitting that the risk on that lake, and of course the premium of insurance, were nothing, still it would follow, that transportation from the head of lake Ontario to Montreal, would cost as much as froirt the mouth of Tonne- wanta to New-York, leaving a preference to the latter of the cost of land carriage from Chippeway to Queenstown. Moreover, nature has given (other things being equal) a decided preference to the port of New-Y r ork. There are, generally speaking, six weeks of navigation from Albany, in the spring, before vessels can with safety leave Montreal to descend the river St. Lawrence, and as many more in the autumn, after the mouth of that river is closed. The navigation from New-York, is seldom obstructed ; so that produce deposited there, can be sent to market during five months, in which, at Montreal, it lies a dead weight on the hands of the owner. This circumstance is of especial importance in regard to wheat and flour, which can be sent from New-York, so as to be sold in the south of Europe, before those articles can be brought from the Baltic, or gathered in the country : whereas, if shipped from Montreal in the month of May, they cannot reach Spain or Portugal until after supplies are received from Dantzie. and but a short time before the harvest, which is early in July. Thus, it is evident that the caual will, if properly effected, turn to the United States the commerce of the upper lakes. Moreover, a side cut, of five or six miles, would, by means of locks, con- nect it with lake Ontario, in the harbor of the Gen?see ; and in like manner a connexion would be established with the Seneca and Cayuga lakes, from the heads of which, the short portage by good roads to Newtown and Owego, opens a communication through the Susquehannah to the Chesapeake. Nor is it impro- bable, that by running up on the west side of the Cayuga, means may be found to establish water communication with the Su>- 64 CANAL LAWS, fcc 1811. quehatmah ; from the great bend of which, a good and short v v ' road may be made to the Delaware. Markets that Thus a variety of markets may be opened to stimulate and may be open- rewar( j tne m( ] us t rv f those who are now, or may be hereafter settled along the great lakes, whose shores, exclusive of Lake Superior, are upwards of two thousand miles surrounded at con- venient distance by more than fifty million acres of land. What will the To the question, what will the proposed canal cost ? it is not Considered possible to answer with any thing like precision. Indeed, pre- liminary points are to be adjusted ; and of these, the first is, whether it is to be made for sloops or barges. The expense of the former will be, it is believed, at least double that of the lat- ter. Another question, whether it is to be carried along an in- clined plane, or by a line ascending and descending, must be decided by a comparison of the expense and of the utility each way. In general, however, it may be satisfactory to the honora- ble the Senate and Assembly, to receive the information which the commissioners feel no hesitation in giving, that, as far as they have been able to extend their enquiry, there is no part of the civilized world, in which an object of such great magnitude can be compassed at so small an expense. Generally speaking, the course is through a tract of country, the excavation whereof will be easy, and there is at certain convenient distances from the spots where it may be wanted, a sufficiency of free stone as well as of lime stone, with a superabundance of fuel. The sub- sistence of men, also, and of cattle, will be abundant, and cheap. The wages of the former are, as is well known, high ; but mea- sures may certainly be devised to obtain the labor for so great a public work more cheaply than is practicable in private opera- tions on a small scale. But the commissioners beg leave to ob- serve, that no supposable expense can bear an undue proportion to the value of the work. Thus, were it (by giving a loose to fancy) extended to fifty millions of dollars, even that enormous sum does not exceed half the value of what, in all human proba- bility, and at no distant period, will annually be carried along the canal. The more proper question, perhaps, is, in what time it can be effected ; for if an annual sum be appropriated, and se- cured on a solid fund, it will be effected in time, and the greater the sum, the shorter will be the period. The commissioners have no doubt but that good bargains for the public may be made with those through whose land the canal CANAL LAWS, fee. shall pass, and tiiey have great pleasure in stating, that generous offers have already been made, by many proprietors, the ac- ceptance of which must necessarily be deferred to the moment when the business, assuming a more substantial form, shall be committed to superintendents duly authorized to treat. Enough has been said to shew that no accurate estimate of the expense can as yet be made. To give some general notion, however, it may be assumed that, in common cases, laborers ought to dig and remove to a reasonable distance, eight cubic yards per day. The excavation may therefore be set at the eighth of a dollar per cubic yard. An average breadth of fifteen yards, and depth of one yard, which by means of the mound on each side will be sufficient for four and a half to five feet of water, giving for each yard in length fifteen cubic yards, may therefore be taken at two dollars, and the mile at 3520 dollars : but allowing for the obstructions of trees and roots, not less than 4000 dollars. This gives for 300 miles, one million, two hundred thousand dollars. The excavation needful to bring a column of water fifteen yards wide, and two yards deep, with sufficient descent from the Tonnewanta, through the middle steep, will at the same rate cost two hundred and fifty thousand dollars. Thus, to speak in round numbers, the canal, alone, might cost a million and a half, drawn through a favorable soil, lying conveniently without the opposition of rocks or other impediments. Many of these, however, must be expected, and will, perhaps, double thai sum. Another great expense is that of locks and aqueducts. It is said that the former will cost at the rate of one thousand dollars per foot of ascent for a vessel of fihy tons. This is be lieved to be a low estimate. At any rate, in a canal like the present, there must be a double set ; one for the ascending, and one for the descending navigation. Even then it is to be feared, that there will be much of embarrassment and delay. Thus the lockage being taken at two thousand dollars per foot, for three hundred and forty feet of descent and ascent, between Lake Erie and Rome, will cost six hundred and eighty thousand dollars, should that waving course be deemed advisable. From Rome to Hudson's river, a descent of three hundred and eighty feet, will call for an addition of seven hundred and sixty thou- sand dollars. If, then, the locks be put at a million and a half, it is the low- est rate which can prudently be supposed. It would. Indeed* be oj5 CANAL LAWS', ht. 1811. safer to set them at two millions. There will still remain io/ — v- — t aqueducts, embankments and mounds, a considerable expendi- ture, which cannot at present be ascertained. To estimate the expense of aqueducts, it may be advisable to put the cubic yard of masonry at two dollars, and consider the aqueduct as a solid mass. It is true, that not more, perhaps, than one third of the materials required for a solid mass will be used, but the work- manship on those materials will be much more costly. Many of the stones must be hewn, and many clamped together with iron. Moreover, the expense, when such buildings are raised to a great height, is proportionately greater than when nearer the earth. An aqueduct over the Genesee may perhaps be one hundred and fifty yards long. But to avoid mistakes, it will be more advisa- ble to suppose two hundred. The. height above mentioned is twenty-six feet. But as well to obviate mistakes, as for con- venience of calculation, it may be taken at ten yards, and in or- der to preserve the full breadth of the canal, the aqueduct may be considered as twenty yards wide. Thus we have a result of forty thousand cubic yards of masonry, which at two dollars, will require an expenditure of eighty thousand dollars. A re- mark which will not escape the most cursory observer, is, that a single set of locks to ascend and descend five and twenty feet, will cost fifty thousand dollars, at the lowest estimation ; and on the system of level canals, the descent in this case is sixty-five feet. Excepting the Genesee, no considerable aqueduct will be needful ; because the streams from the lakes being equable, small arches may be turned over them, and the canal be carried along a mound of earth. The expense of such mound must depend on the convenience of obtaining materials. Where hills of suf- ficient elevation in the neigbourhood give the advantage of run- ning along wooden railways, or where the transportation may be by boats, along the canal itself, a mound will cost but little com- pared to that which is raised solely by the labor of men and cat- tle. All estimates, therefore, which are not founded on exact local knowledge, must be vague and uncertain. Assuming, however, as a basis, the price of one dollar for eight cubic yards ; to estimate the expense of a mound over the Cayuga lake, one hundred and thirty feet high, and sixty feet wide, on the top, with an inclination of five and forty degrees, in the descent of the side, we have at the base one hundred and ninety feet, giving a mew width of onp hundred and twenty-five ; which, multiplied CANAL LAWS, to. "by the height one hundred and thirty, is sixteen thousand, two 1311. hundred and fifty feet, or in round numbers, one thousand eight -^r— ^ hundred square yards. These, at the eighth of a dollar each cubic yard, will cost for every yard of the mound in length, two hundred and twenty-five dollars. Allowing, therefore, two thou- sand yards instead of a mile, so as to compensate for the ex- pense of an arch two hundred feet long, with a span of fifty feet over the stream, and for other contingencies, the whole cost might be four hundred and fifty thousand dollars, perhaps half a million. Under the impression resulting from these observations, it is $5,000,000 believed that one million of dollars would provide for every Cstimate w thing of this sort, so as to bring the canal to a reservoir near Hudson's river without locks, for four millions of dollars : a descent there, of from three to four hundred feet by locks, would cost, perhaps, another million ; or if it should be deemed more advisable to transport by rail-ways, the water used for machine- ry would probably yield a rent sufficient to keep the canal in repair. But hitherto, this navigation has been contemplated no further than to the mouth of Tonewanta, in Niagara river. From thence to Lake Eric, is ten miles, and the last mile, at the Black Rock rapid, is said to have, through part of a fall which is, on the w hole, four feet, a rapidity of near seven miles an hour ; so that vessels descending below it, may wait a whole season for wind sufficiently strong to get up. This obstacle, though great, does not appear insurmountable. Perhaps two wharves, similar to those which surround our cities, made impervious to the water, and sunk parallel to each other during the distance of one mile, with two pair of gates similar to those of dry docks, placed so as that the upper one being shut, there shall be still water from below; and that the lower one shut, will make still water above, may fully answer the end. The cost, where wood and stones are so abundant, cannot be great ; and as wood is not liable to rot under water, nor exposed in fresh water to the ravages of worms, the work may be suffi- ciently durable. On the whole, it is conceived that the expense of this national work may be five millions of dollars ; a sum which does not, it is presumed, exceed five per cent, of the value of the commodities, which, in less than a century, it will annual- CANAL LAW S, &c. 1811. ly transport, should it be now commenced, so as duly to encour- v ~v~— ^ age population around the upper lakes. How is the ex- The commissioners hope they shall be excused if, in this supported 1 ? 8 place, they advert to a question more important, perhaps, than any other. By whom shall the needful expense be supported? They take the liberty of entering their feeble protest against a grant to private persons or companies. Too great a national interest is at stake. It must not become the subject of a job, or a fund for speculation. Among many other objections, there is one insuperable : That it would defeat the contemplated cheap- ness of transportation. It should always on occasions of this sort be recollected, that the reasons adduced for grants to indi- viduals in Europe apply inversely here. Few of our fellow citizens have more money than they want, and of the many who want, few find facility in obtaining it. But the public can readi- ly, at a fair interest, command any reasonable sum. Moreover, such large expenditures can be more economically made under public authority, than by the care and vigilance of any com- pany. It remains therefore to determine whether this canal should be at the cost of this state or of the Union. If the state were not bound by the federal band with her sister states, she might fairly ask compensation from those who own the soil along the great lakes for the permission to cut this canal at their expense ; or her statesmen might deem it still more advisable, to make the canal at her own expense, and take for the use of it, a transit duty; raising or lowering the impost, as circumstances might direct for her own advantage. This might be the better course if the state stood alone. But fortunately for the peace and happiness of all, this is not the case ; we are connected by a bond, which, if the prayers of good men are favorably heard, will be indissoluble. It becomes proper, therefore, to resort for the solution of the present question, to principles of distributive justice. That which presents itself, is the trite adage, that those who participate in the benefit, should contribute to the expense. The commissioners presume not to go one step farther. The offers of individuals, already alluded to, shew their conviction of that equity by which the state is called on for her share. The wisdom as well as justice of the national legislature, will, no doubt, lead to the exercise on their part of prudent munificence; but the proportion, the ronditions* the compact in shcrt, must he CANAL LAWS, feci the result of treaty. Whether the honorable the Senate and As- sembly will take steps towards a negociation, and what these steps may be, it is in their wisdom to determine. All which is respectfully submitted, GOUV. MORRIS, S. V. RENSSELAER, W. NORTH, DE WITT CLINTON, THOMAS EDDY, PETER B. PORTER, SIMEON DE WITT. Thereupon, Mr. Clinton asked for leave to bring in a bill, entitled " an act to provide for the improvement of the internal navigation of the state." Leave being given, Mr. Clinton brought in the said bill, which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole. Ordered, That the said bill be printed. On motion of Mr. Piatt, Resolved, if the honorable the assembly concur herein, That five thousand copies of the report of the commissioners appointed by joint resolutions of the senate and assembly of the 13th and 15th March, 1810, to explore the route of an inland navigation from Hudson's river to lake Ontario and lake Erie, be printed by the printer to this state, and by him delivered, in equal propor- tions, to the several members of both houses of the legislature, in order that the same may be gratuitously destributed and pro- mulgated throughout the state. Ordered, That the clerk deliver a copy of the preceding reso- lution to the honorable the assembly. In Assembly, March 4, 181JU Resolved, That this house do concur with the honorable th^ senate in their preceding resolution. 70 CANAL LAWS, &c. 1811. v— ' An Act to provide for the Improvement of the Internal Navigation of the State, Passed April 8, 1811. Whereas a communication by means of a canal navigation between the great lakes and Hudson's river will encourage agri- culture, promote commerce and manufactures, facilitate a free and general intercourse between different parts of the United States, and tend to the aggrandizement and prosperity of the country, and consolidate and strengthen the union : Therefore, Commissioners [. Be it enacted by the People of the state of New-York, re- g" ? ieir pow " presented in Senate and Assembly, That Gouverneur Morris, Ste- phen Van Rensselaer, De Witt Clinton, Simeon De Witt, William North, Thomas Eddy, Peter B. Porter, Robert R. Livingston and Robert Fulton shall be and hereby are appointed commis- sioners for the consideration of all matters relating to the said inland navigation ; and in case of the resignation or death of any of the said commissioners, the vacancy shall be supplied by the person administering the government of this state. Further pow- n # Ji na * oe if further enacted, That the said commissioners, or a majority of them, shall be and hereby are empowered to make application in behalf of this state to the congress of the United States, or to the legislature of any state or territory, to co-operate and aid in this undertaking, and also to the proprietors of the land through which such navigation may be carried, for cessions or grants to the people of this state, to be received by the said commissioners in their discretion ; and also to ascertain whether loans can be procured on advantageous terms on the credit of this state for the purpose aforesaid, and the terms on which the western inland lock navigation company would surrender their rights and interest to the people of this state. ™nIe™ V] ° y HI. And be it further enacted, That the said commissioners shall be and hereby are empowered to employ engineers, survey- ors, and such other persons as in their opinion may be necessary in order to enable them to, fulfil the duties imposed on them by this act, and to pay them for their respective services such sums as may be reasonable. IV. And be it further enacted, That the said commissioners Report. J . shall, and they are hereby required to report to the legislature at their next session an account of the whole of their proceeding CANAL LAWS, fet. V. And be it further enacted, That the treasurer shall pay to 1812. the order of a majority of the said commissioners, out of any mo- v '^ v ^^. nies in the treasury not otherwise appropriated, any sum or sums propriated. not exceeding fifteen thousand dollars, and for which the said commissioners shall account to the comptroller of this state. VIII. "Report of the Commissioners under the Act of April 8, 18fJ. In Senate, March 14, 18 J 2. The commissioners appointed by the act, entitled " an act to Applications provide for the improvement of the internal navigation of the g^ss and some state," passed April 8th, 1811, for the consideration of all mat-^ dual ters relating to the said inland navigation, reported as follows, to wit : That in obedience to the directions of the said act, they made application to Congress and to the legislatures of the several states and territories, copies of which are annexed in the papers marked No. 1, and No. 2. They conceived it proper also, to address the President of the United States, on the subject of their appointment, and annex a copy of their letter to him, No. 3. Moreover, considering the magnitude of the object, they deemed it advisable to depute two of their members to the gen- ral government, with their letter to the President, and applica- tion to the Senate and house of Representatives. A copy of the report made by that deputation, on the 24th of last month, is also annexed, marked No. 4. It appears from this report, that although it be uncertain whether the national government will do any thing, it is certain they will do nothing from which immediate aid can be derived. The deputation found itself obli- ged, by prudential considerations, not only to blend the navi- gation between lake Erie and Hudson's river, with objects, some of which are subservient to local interest, but to refrain from asking an advance or even an appropriation of money. The utmost they hoped to obtain was a grant of land; a grant so limited as not to take effect until after the canal should be com- pleted, at the expense of New-York. It might have boon pypcctM that so moderate a request, coup- CANAL LAWS, he. 1811. led with the offer that no toll should be taken, would have been v v~-— ' immediately granted. The motives which led to doubt and delay, are unknown to the commissioners ; and their profound respect for those to whom is committed the conduct of our national affairs, forbids them to hazard a conjecture. But if the offer had been, or should be accepted, still the canal is to be made by the state. So that it* the bounty of Congress had granted the entreated boon, it would have been merely the purchase, at less than its cost, of a most valuable object ; by paying for it a tract of unsaleable land. The commissioners, in their first report, took the liberty to ex- press the opinion, that an offer of the canal should be made to the national government ; and they saw with pleasure and with pride, that the Legislature (concurring in this opinion) adopted the most honorable measures for inducing the United States to acquire it. But, the offer made and not accepted, the state is at liberty to consult and pursue the maxims of policy. These seem imperatively to demand that the canal be made by her, and for her own account, as soon as circumstances will permit. It is believed that a revenue may be derived from it, far exceeding the interest of what it will cost; and it seems just that those of our citizens who have no immediate interest in the work, should find retribution for their share of the cost (if any) in a revenue which will lessen their future contributions. Whether this sub- ject be considered with a view to commerce and finance, or on the more extensive scale of policy, there would be a want of wisdom, and almost of piety, not to employ for public advan- tage those means which Divine Providence has placed so com- pletely within our power. The commissioners have received some replies to the applica- tions they made to the states and territories. Proceedings ^he legislature of Tennesee, on the 16th of November, re- i of the state of so l V ed that their senators and representatives should be requested Tennesee. _ 1 1 to support any laudable attempt made to the Congress of the ! United States, soliciting the aid of the general government in relation to the canal navigation between Hudson's river and the j great lakes. O! New Jersey* On the 4th of November the legislature of New- Jersey say, jj " Although we feel a deep interest in promoting every attempt to open a communication, by means of canal navigation, between I the ^reat bkc?ar>d the navigable rivers runniug through the M- CANAL LAWS, &c. 73 lantic states; and are fully sensible that such communication 1812. would tend to enrich, consolidate and strengthen the union; yet v^-v-^*' as we have not sufficient means for completing the plans of public improvement within this state, already projected, and deemed of the first importance to our immediate prosperity, it would not be advisable, at present, to lend assistance to improvements in other states. And although we anticipate with pleasure, judging from the enlightened policy hitherto pursued in extending public im- provements by our national government, that the time is not far distant when, from the rapidly encreasing wealth of our country, the vast plans of extending canal navigation will be carried into effect, so as to form a chain of communications from the waters of the Hudson river to the great lakes, and from the lakes to the Mississippi : Yet, as that period has not arrived, we see nothing to warrant us in giving instructions to our representatives in Con- gress, as to the measures they shall pursue, when this subject shall come before them." The legislature of Connecticut, at a general assembly holden ofConnecti- at New-Haven, on the second Thursday of October, resolved^ cut - that it was inexpedient to take any measures on the application of the commissioners appointed by the state of New-York for opening a communication by means of a canal navigation be- tween the great lakes and Hudson's river. The reasons assign- ed by the committee, on whose report the resolution was made, were, that the state could not supply money, and (having elect- ed able men to assist in the councils of the nation) confided na- tional interests to the unbiassed judgment of those whose duty it was to attend to them, and whose means of information are such as to enable them to perform that duty in the best man- ner. The legislature of Vermont, on the 30th and 31st October, Of Vermont, expressed the opinion that the object was well worthy of con- sideration; but conceiving the period when they received the communication to be too late to decide on a subject of such im- portance, they postponed the further consideration to their next session. On the 29th and 30th of January, the legislature of Massachu- f Massachu. setts, with the impartial and dignified wisdom of conscious great- setts - ness, resolved unanimously, that the senators of that common- wealth should be instructed, and their representatives requested, to use their influence for promoting, by all reasonable encour- 10 74 CANAL LAWS, &c. 1812. agement, (in such mode as Congress in their wisdom might *^-v-^> direct) the opening of a communication, by means of a canal navigation, between the great lakes and Hudson's river : regard being had to the special benefit which would accrue to the state of New-York from the accomplishment of that project. Of Ohio. The legislature of Ohio, also, have ( as will be perceived by the message of his excellency the governor) fully approved of the plan. The commissioners have moreover received a paper signed Oi Michigan. . r r o Reuben Atwater, acting governor of Michigan, A. B. Wood- ward, J. Witherell, and countersigned Jos. Watson, secretary, which is of the following purport : — Whereas the commissioners of internal navigation in the state of New-York have addressed to the governor and judges of the territory of Michigan, certain communications relative to a canal in the state of New-York, which being considered, resolved unanimously, that in the opin- ion of the undersigned, the canal contemplated by the commis- sioners of internal navigation in the state of New-York, from Black Rock to Rome, would not be so desirable as a canal round the cataract of Niagara, and another by the Falls of the Oswego. Passed the tenth day of January, one thousand eight hundred and twelve." The commissioners have too much respect for these gentlemen to suppose they would have given this opinion without informa- tion and consideration. Wherefore, they must infer that the in- formation received was not founded in fact ; or that, not having habitually turned their attention to objects of this sort, they are not so well qualified to judge, as the consciousness of intelligence respecting matters more familiar to their minds may have led Commissioners them to suppose. The commissioners, previous to their former n-yr&c. 6 C ° Un re P 01 % viewed the country, caused surveys to be made, obtained all the information in their power, listened to the reasons on either side with impartial attention ; and although they have not the vanity to oppose their judgment to that of professional men, persist in believing that the conclusions they drew were not un- founded. They feel so much the more confidence in their opin- ion, as it accords with that of Mr. Weston, whose abilities as an engineer (in this particular department) are unquestioned. To that gentleman their report was transmitted by one of his friends * R , „ T , and in reply (after treating of the means to obtain sufficient Mr. \\ estou s r J v . & opinion. water at the summit level of Rome) he says " supposing your (_;ANAL LAWS, ke. tears on this subject to be removed, you have no further obsta- 1812. cles to encounter, in your progress westward, until you arrive at v — Oswego falls. From thence to Oswego is the great work. I know not whether I ever declared that it was impossible to con- duct a canal by this route, I should rather think it was the tech- nical term impracticable, of course restricted in the sense men- tioned in the report ; and under those limitations, I still deem it so ; and such I am persuaded it will be declared by every praCr fical professional man. But supposing your wishes accomplish- ed, the question then occurs, would the trade of the lakes be directed into this channel, from its natural one down the St. Lawrence. On the superior facilities afforded by this river, for the transportation of produce, I perfectly agree with the com- missioners, having traversed it twice between Kingston and Mon- treal, and each time viewed it very attentively. I can therefore assert with confidence, that I know of no existing navigation, of such extent, which can be rendered perfect at so small an ex- pense. However, should your noble plan, of uniting lake Erie with the Hudson, be carried into effect, you have to fear no ri- valry. The commerce of the enormous extent of country bor- dering on the upper lakes, is yours forever; and to such an incalculable amount as would baflle all conjecture to con- ceive. If the Michigan gentlemen were alone in their opinion, it Objections •»'.., , , . • i • i- i i considered* might be useless to say any thing, seeing there is little proba- bility that any contribution will be required from them. But there are, it is said, men of influential character who preach the same doctrine. To this effect they assume, what remains to be proved, not only that lock navigation by the falls of Oswego and cataract of Niagara is practicable, but that it is both cheaper and better than a canal direct from the Niagara to the Hudson river. On the practicability it would be superfluous to add a remark ; for those who believe they can, from a cursory view or no view at all, judge better than such men as Mr. Weston, after critical examination of the ground, will hardly expect to obtain the confidence of others, however great their reliance on them- selves. Nevertheless, these gentlemen are entreated seriously to consider whether it be prudent, or even honest, to hazard mis- j ' leading those who think well of them, and thereby involving the statPin great and fruitless expense. And this must be the con- 16 CANAL LAWS, &f . 1812. sequence of undertaking the work they recommend. That the v — ^r- — * cost will be great is certified by all who possess competent judg- ment and information. That it will be fruitless may be proved by facts visible to every one, who chooses to open his eyes. In the gazettes of this city are advertised the rates at which goods will be carried from the ports of lake Ontario, to Ogdensburgh, and thence to Montreal. The first are lower than have hereto- fore prevailed between Lewistown and Oswego. The secondare fifty-five cents in scows, and eighty-eight cents in boats, for a barrel of flour. But to ascend Oswego river by locks, and then, after crossing Oneida lake, to ascend Wood creek in boats, which, for great part of the way, must be rowed hy men, would, it is believed, cost not less than fifty cents per barrel ; because, if three men bring up thirty barrels in five days, at fifty cents per barrel, they would earn only one dollar per day each ; al- lowing for toll nothing, for delay while waiting for freight no- thing, for wear and tear of the boat nothing, and nothing for the return empty, if no freight should offer. Thus it seems probable that produce could not be taken from Oswego to Rome, for less than from Ogdensburgh to Montreal ; so that the communication which professional men, after due exam- ination, consider as impracticable, unless at an enormous expense, wholly disproportionate to the object, but which some gentlemen assume, without examination, to be very simple, would, if com- pleted, be of no avail. Instead of drawing to us the trade of our neighbors, it would turn much of our trade to them. Farmers who cannot send their produce by land, from beyond Geneva to Albany, must carry it to one of the few bad harbors on lake On- tario, thence to wait the arrival of schooners from Ogdensburgh. But, it is certain, even if a commerce with those vast regions which surround the great lakes, be put out of the question, that the inhabitants of our western counties must be greatly benefited by a navigable canal, dug at a distance from lake Ontario. Let the mind be turned to a tract of country, fifty miles wide, and stretched out east and west on the south side of that lake. It cannot be denied that, if good harbours were abundant on its shores, and if the adjacent country offered good roads, the average distance of land carriage must beat least twenty-five miles. But, inasmuch as the harbours are few, it must be sixty or seven- ty from many parts of the tract. Under these circumstances, let it be supposed that a canal should be run east and west thr&igh CANAL LAWS, fcc. the middle. As that would be accessible in every part, it is evi- 1812. deaf that the extreme distance of land carriage would be less than * * the mean distance at present. The conclusion is so clear, that to say more would not shew proper respect to the wisdom of the legislature. There is another part of the subject, however, which stands in close connexion with what has just been advan- ced, and which coining in support of Mr. Weston's opinion on the ef- fect of the canal in securing *to this state the commerce of the western world, it would be unjust to withhold. The commissioners pray leave, then, to revert to and develope . Calculation the basis of a calculation stated in their first report. Two horses can, in still water, draw a boat laden with fifty tons at the rate of two miles and a half in an hour, wherefore the progress in eight hours will be twenty miles. — This, then, is the smallest distance which can reasonably be expected in one day. Now, as three men will be required to manage and steer a boat, the daily allow- ance of five dollars may be made for men and horses, being one dollar each ; and that is surely enough. But a further allowance must be made for use of the boat, profit of the owner, and time un- avoidably lost. It may be well to appropriate to these objects all the return freight, and charge the whole expense, to and fro, on what may be called the export cargo. This will, of course, double the amount, and bring it to ten dollars for twenty miles, or fifty cents per mile. Wherefore the extent of what it can cost to transport fifty tons one mile, on a canal, being fifty cents, the rate is one cent per ton per mile. To this, perhaps, it will be ob- jected, that experience in this state does by no means justify so low an estimate. But there is no such experience, for there is no canal navigation in the state : and the commissioners have al- ready, in their first report, stated the objections to following rivers, creeks, brooks and torrents, by the main strength of men, instead of drawing boats by horses along the tranquil surface of a canal. Let it be supposed that the windings of a canal will so far ex- Length of c* ceed those of the present road, as that the length from lake Erie 3^ ? I J$cT Cd at to Hudson's river shall be three hundred and fifty miles ; conse- quently that the transportation of a ton will cost three hundred and fifty cents. To this let two hundred and fifty more be ad- ded, for toll, the amount will then be six hundred cents per ton ; and taking ten barrels of flour to a ton, the transportation of each barrel will cost sixty cents. If to this twenty cents be ad- ded for freight to New-York, the total will be but eighty cents I WAL LAWS. fee. 1812. from tlie port of discharge on lake Erie, to the commercial em- ■ — ' porium of New-York, and the risque of this route is so trifling as not to merit notice. By the advertisement already alluded to, it appears that the lowest price of freight (and for part of the way in hazardous craft) is ninety-three cents per barrel of flour, from Lewistown to Montreal. Instead of adding for insurance, let something be taken away, and let it be supposed that hereafter both freight and insurance shall c l et one fifth De struck off for expenses and diminution of toll on bulky articles of little value. A million remains. Is that million too much, take away four hundred thousand : still there will remain six hundred thousand dollars : the interest at six per cent, of ten million. Should the canal, therefore, cost even that large sum, it will soon pay the interest and very soon afterwards, by natural and necessary increase, its import- discharge the principal. Standing on such facts, is it extrava- ancc to the g an t t believe that New York may lock forward to the receipt (at no distant period) of one million dollars net revenue from this canal. The life of an individual is short. The time is not distant when those who make this report will have passed away. But no term is fixed to the existence of a state ; and the first wish of a patriot's heart is, that his own may be immortal. But whatever limit may have been assigned to the duration of New York, by those eternal decrees which established the heavens and state CANAL LAWS, fee. si lire earth, it is hardly to be expected that she will be blotted from 1812. the list of political societies before the effects here stated, shall v have been sensibly felt. And even when, by the flow of that perpetual stream which bears all human institutions away, our constitution shall be dissolved and our laws be lost, still the de- scendants of our children's children will remain. The same mountains will stand, the same rivers run. New moral combi- nations will be formed on the old physical foundations, and the extended line of remote posterity, after a lapse of two thousand years, and the ravage of repeated revolutions, when the records of history shall have been obliterated, and the tongue of tradition have converted (as in China) the shadowy remembrance of an- cient events into childish tales of miracle, this national work shall remain. It shall bear testimony to the genius, the learning, the industry and intelligence of the present age. The commissioners will not, as the} 7 might, dwell on the ad- vantages which the commerce of the state must derive from opening a scene so vast to its incessant activity. Neither will they hint at the political influence which must result from holding a key to the commerce of our western world. This subject, too delicate for discussion, is appropriate to the high consideration ot legislative intelligence, and should not, by subordinate agents, be approached but with prudential respect. The commissioners beg leave to advert to a question which What will the . . canal cost ? comes more properly within their sphere. What will this canal Considered, cost? an important question, but one to which they cannot give a satisfactory answer. They have taken pains to extend investigation, increased the number of surveys, and accumulated the knowledge of facts. In proportion to the information ac- quired, is their conviction, that the plan is practicable, and that the probable expense, compared with the advantage, is moderate, very moderate ; for they persist in believing that it may be ac- complished for five or six million of dollars. But they have 5 wt^OMM neither the needful information on which to calculate, nor have dol ars ' they the professional ability. Mr. Weston, an engineer of great and acknowledged talents and experience, who has already been employed in that capacity, both in this state and in Pennsylvania, (in the letter, a part of which has been already cited) says, " From the perspicuous topographical description, and neat Mr Wesioa'i plan and profile of the route of the contemplated Canal, I enter- opimon ' 11 82 CANAL LAWS, &c. 1812. tain little doubt of the practicability of the measure. Perhaps v ' this is the only question which the legislature should be particu- larly anxious to have resolved. The expense, be it what it may. is no object when compared with the incalculable benefit ; though doubtless it will deserve attention that the money granted be wisely and economically expended. As the survey already made is only what is technically called a running level, much allowance ought to be made with respect to eligibility of the route, and amount of descent. Indeed, to determine the proper line of canal will require the utmost skill of the professional engineer. Its due performance is of vital importance. A small mistake therein, from whatever cause arising, may occasion the needless waste of thousands. Too much care cannot be taken, in the first instance, in exploring the country in every practicable direction, that the final decision may be founded on the result of a comparison of the different routes, as combining shortness of distance with cheapness of execution. The extraordinary regularity in the third or western division, induces me to concur, without hesita- tation, in the plan recommended by the commissioners, of cutting the canal with an uniform descent, in preference to the usual mode of carrying it on a level. It is true, that the latter custom has, almost invariably, been adopted in Europe, but the inducements thereto have generally been the scanty supply of water on the respective summits, the shortness of the different levels, and the tolerably equal amount of tonnage conveyed in opposite direc- tions. None of these circumstances occur in the instance before us, for the supply of water, as is justly observed, is pure and inexhaustible. The length of line from the mouth of the Tone- wanta to Cayuga river, is upwards of one hundred and twenty miles ; an extent of canal without lockage, unequalled by any now in existence ; and the chief amount of tonnage will be al- ways downwards. For these reasons I strongly recommend the adoption of the plan." Without taking up those hypothetical suggestions which pre- sent themselves, on such an occasion, to one whose experience of difficulties, whose knowledge of means, and whose intellectual resources lead to the notice of things which escape common ob- servation, it is evident that the commissioners would be unpar- donably presumptuous should they pretend to accuracy of calculation, before sufficient materials are collected to decide the • ANAL LAWS, &u judgment of a professional man, such as Mr. Weston, in 1812. speaking of what they hazarded in their first report, he says, v ^— ' " the allowance of twelve and a half cents per yard, for common ya ^j 9tl ^ leper cutting, is ample, but the estimate of the average quantity of earth to be excavated, is underrated." He thinks, too, that the obstructions arising from trees and roots, are greater than was apprehended. The estimate of one thousand dollars per foot, for lockage, is, he says, sufficient, but two'dollars per cubic yard, for such masonry as would be required for aqueducts, is too low ; and he says, that the expense of double locks, though great, will not, as was supposrd, be increased in a two-fold ratio. The commissioners perct that an error had been made in their first report, respecting the cod of an embankment over the outlet of the Cayuga lake ; but there is no need of correcting it ; because, from the surveys of the last season, it appears that the ground between that and the Seneca lake, is too low for so high a level. Unless, therefore, a more favorable route can be dis- The course covered, the course by an inclined plane cannot be pursued plane cannot throughout, and it may become necessary to descend eighty or ie^to'se^eca ninety feet, so as to cross the outlet of the Cayuga by an embank- outlet ' * c * ment of moderate height. In this case, the communication from lake Erie will consist — 1st. Of an inclined plane to the Seneca outlet : 2d. Of a descent by locks to a lower line : 3d. Of a level canal as far east as the face of the country may indicate : 4th. Of an elevation, at the end of it, by locks to the Rome summit : 5th. Of a level canal from thence to where de- scent may become needful : And 6th. Of an inclined plane from that place to a basin near the Hudson river. In the course of so vast a work, much must depend on the nature of the soil ; and it may sometimes be cheaper to obtain that which is good, by extending the distance, than to cure natural defects on a more direct course. It may, in some cases, also be advisable to avoid deep cutting, by a circuit, and in others, to cut deep for a shorter line. It is evident that the commissioners cannot make a correct estimate. It is nevertheless their duty to present the best which their information and abilities will permit, taking care that their allowance be rather too high than too low They assume, then, that the distance may, for the reasons assigned, be length- ened to three hundred and fifty, instead of three hundred miles ; or that, to avoid the additional distance, an expense equivalent to it may be encountered. They moreover take the quantity to be CANAL LAWS, Stc. 1812. excavated, at twice what was mentioned in their first report, viz v v ' at thirty cubic yards, instead of fifteen, and, (to embrace the Quantity of 1 x excavations, various contingencies which may occur,) assume the cost of digging, at near twenty cents per cubic yard, instead of twelve and an half, which Mr. Weston, (who founds his opinion on experience acquired by conducting such works, in this country,) considers as amply sufficient for common cutting. This will give $ ioo?K) ,S per ten tnousan d dollars for every mile ; a smaller sum than has been mi!e - expended by private companies in the United States on some turnpike roads ; but fully sufficient, it is believed, to cover any expense which can attend that part of the business. Wholeexpense Thus the cutting of the canal would cost three millions and of catting the an na lf. A descent, by double locks, of eighty or ninety feet, eanal estimat- ' J . & J J ' at 3,500,000 and the consequent ascent to regain a proper level, may be put, in round numbers, at half a million more. Together, four mil- lions. The embankment over the Cayuga outlet, with the need- ful culverts, may cost three or four hundred thousand, but say- half a million, and set the excavation at the Tonnewanta at three hundred thousand; the aqueduct over the Genesee, with many smaller aqueducts and culverts, at two hundred thousand ; making another million: to which one more may be added, for works at Black Rock rapid, a basin near the Hudson; and those contingencies which necessarily attend an undertaking of And the whole such magnitude : in the whole, six million dollars. The com- SodoUars. missioners may be mistaken, but they have no reason to believe it will cost so much. Has the state They hasten to the examination of two other points. Has the sources"? re s * ate sufficient resources ? Ought the business to be undertaken Oughtthework now, or postponed to a future day? On the resources of the me'nced f COm state they would speak with caution, did the sum bear an impor- Considered, tant proportion to her wealth. But it is almost a contradiction in terms to suppose that an expenditure of five or six million, in ten or a dozen years, can be a serious consideration to a million men, enjoying one of the richest soils and finest climates under heaven. When, in addition to these leading facts, it is consid- ered that there is scarcely a spot on the globe which possesses such advantages for commerce, and that the number of inhabi- tants doubles in twenty years ; the facility of encountering the object proposed by immediate taxation, is one of those evident propositions which argument may rather obscure than elucidate. If the facility of bearing such a trifling weight required it. proof CANAL LAWS, fee. the most lull and complete might be lb and in every gazette. 1S12. It will not be pretended that the national revenue (raised by in- v v — direci tax on the consumption of less than six million of souls) was oppressive, though it exceeded twelve millions of dollars. No iQc has been galled by, none has felt that burthen, which amount , (nevertheless) to two dollars a head. The share paid by tli is- state, therefore, supposing our average consumption to be • ame as that of our neighbors, is two million: four times what would be required to make, in ten or a dozen years, the pro- jected canal. Or let the subject be examined in another point of view. The increase of wealth, in this state has been (and for evident reasons must be) much more rapid than the increase of inhabitants. The value of property is at least quadrupled in the period during which population is doubled. The present amount of property has been estimated at five hundred million. Perhaps it is more. But should it be much less, time will soon bring it up to, and immediately push it beyond that sum, which may therefore be taken as the standard. Of consequence it fol- lows, that an annual tax of half a million would be but one tenth per cent, on the value of real and personal estate. Take the matter again in another point of view, and, admitting that the rich pay the portion of tax that would fall on the poor in a dis- tribution by poll, which (let the tax be laid as it may) must hap- pen, the average contribution will be that of a family in medium circumstances. Wherefore, as a population of one million em- braces two hundred thousand families, the average contribution, to raise a revenue of five hundred thousand dollars, would be five dollars for two families. Half of that, or two hundred and fifty cents, is, then, the sum which the head of a family in easy circumstances would be called on to pav, if money were raised by direct tix to carry on the work. In that case, there can be no doubt that a wise legislature would open sources from which adequate rev enue could be drawn, not only without injury, but even with advantage to the community. But of this there is no necessity. The credit of the state is sufficient. And if a calcu- lation were made on principles of compound interest, it would appear that the sum to be expended, with interest, until the canal shall yield sufficient revenue, will not exceed what that income would discharge in a reasonable time. If therefore the Legisla- ture say, let it be done — it will be done. But shall they say so now? Shall it be done now, or shall it be postponed to a future day? Those who wish to postpone are 80 CANAL LAWS, fee; J812. respectfully asked, whether they suppose time will render the ^^^^ matter easier ? Will it alter the shape of the country? Will the land to be used for the caual cost less when it shall be planted as an orchard, tilled as a garden, or covered by a house, than in its present condition ? Will timber and lime be cheaper when wood, now worth nothing, shall have grown dear ? Is it certain that the state of public affairs will be as favorable then as now ? Will not a fertile imagination invent as good reasons for postponement then as now? And to what day shall it be postponed? Must it be to the day when a legislature shall have that patriotism which the idea of postponement pre-supposes the present legislature to v ant ? The commissioners reply with pain to arguments which imply insult. Who is there so base as not to repel the charge of selfishness? What man so cold as not to feel the dignified. desire of immortalizing his name, by contributing to a monument of national magnificence, unequalled by any thing on earth ? A state, in its corporate capacity, is an invisible, intellectual existence. If that to which we belong could be reduced to per- sonal identification ; could it become an individual, or (that be- ing impossible,) could we suppose an individual to be owner of the state, what should we think of his understanding did he he- sitate to double the value of his propert}-, and increase his reve- nue three-fold, without labor, without expense ! Yet such is the present case, unless it can be called an expense to run in debt for an object which will pay both principal and interest before the debt falls due. Or suppose this individual to be an infant, would his guardians do their duty should they let slip the golden opportunity so to promote the interest of their ward? But the Legislature is guardian of the state. The foregoing reflections lead to one of the duties enjoined on the commissioners. They w r ere directed to apply to the pro- prietors of land through which the canal may be carried, for cessions to the people of this state. Such applications have been made, and they have no doubt that the proprietors will con- tribute in just measure. Some grants would have been already made, but for difficulties in the form originally proposed, and from a desire that they should be proportionate to the tracts the grantors respectively hold, j , The commissioners have also in execution of the duties im- obtained! a} ° 6 posed by the act, endeavored to ascertain whether loans for the object of it can be obtained on the credit of this ,-tate. Th^.v CANAL LAWS, fee. 87 find that, notwithstanding the scarcity of money consequent on 1812. the war which has so long raged in and ravaged Europe, a loan v^~v-^/ of five millions dollars can be obtained, there, on the credit of the state, for a term of ten or fifteen years, at an annual interest of six per cent. The commissioners have enquired the terms on which the west- Western la- ern inland lock navigation company will surrender their rights, vigation Com- They ask one hundred and ninety thousand dollars for the shares ooo y dc^wfrr held by them, exclusive of three hundred and fifty shares held the,r r ' sht3 by the state. This being thought too much, they were urged to confine their demand within such moderate bounds as might be acceptable. Copy of their reply, of the 13th February, is in the paper marked No. 5, hereunto annexed. The commissioners have, in obedience to the directions of the act, sought for. and will employ a capable engineer as soon as a ^"^^^ be suitable character can be procured. None but a man of the first talents, tried integrity, and approved experience, can be relied on for that previous investigation which is indispensable. In the mean time, they have employed surveyors to continue their search of the best probable route. It was not within the circle of their duty to ascertain the con- , , P . . . Northern ISa- vemences presented by nature for an internal navigation north- vigation. ward, wherefore, although there can be no doubt that an exami- nation of the country, with that view, might be useful, they forbore the attempt. In that quarter lies a large and fertile ter- ritory peculiarly our own. Moreover, it will be seen by the bill annexed to the report of the deputation sent to Washington, that a communication, by means of a canal, between Lake Champlain and Hudson's river, is one of those things which are deemed of national importance. It would certainly tend to preserve broth- erly affection in the great American family ; and the reciprocal advantages which it would procure to New-York and Vermont, would strengthen the bands of our union with the eastern states, so conducive to our mutual prosperity. All which is humbly submitted, GOUV. MORRIS, S. V. RENSSELAER. DE WITT CLINTON. SIMEON DE WITT, W. NORTH, THOMAS EDDY, Albany, March. I SUV ROB. R. LIVINGSTC^ CANAL LAWS, fcc. 1812. ^ DOCUMENTS Accompanying t\\e preceding Hepovt oV the Commissioners. ( No. I. ) COPY OF THE APPLICATION MADE TO THE CON- GRESS OF THE UNITED STATES. To the honorable the Senate and House of Representatives of the United States in Congress: The undersigned, Commissioners of the State of New-York, Respectfully represent : arld'the^ect That by a law, of which they have taken the liberty to trans- stated. m j t an exemplified copy to the President, they are, among other things, directed to make application to the Congress of the United States, for their co-operation and aid in making a canal navigation between the great lakes and Hudson's river: which, in the opinion of the legislature of New-York, will encourage agriculture, promote commerce and manufactures, facilitate a free and general intercourse between different parts of the Uni- ted States, tend to the aggrandisement and prosperity of the country, and consolidate and strengthen the union. To these powerful incentives, we feel it a duty to add our con- viction, that, in a fiscal point of view, this object is not unwor- thy of public regard, seeing, that by a good navigation from the lakes to the ocean, and by that alone, the speedy sale of, and payment for many million acres of the public lands, can be effected. We might add other considerations, but as doubts may, in the course of the business, arise, and explanations be required, we have deemed it advisable to depute two of our members, Messrs. Morris Gouverneur Morris and De Witt Clinton, to be the bearers of r>u?ed! &c, nde "this application to the seat of government, with instructions to enter, from time to time, into all needful expositions. CANAL LAWS, Uc. SO We crave, on the part of the state of New-York, the credence 181 2. and favorable notice of their representations. WTv^^ Arid, as in duty bound, shall ever pray, kc, ( xNo. II. ) COPY OF THE APPLICATION MADE TO THE DIFFERENT STATES AND TERRITORIES. Sir, By a law of the state of New-York, of which we do our- Powera stated, selves the honor to enclose to your Excellency an exemplified copy, we are directed to. apply to the Congress of the United States, or to the Legislature of any state or Territory, to co- operate and aid in opening- a communication, by means of a ca- nal navigation, between the great lakes and Hudson's river. The good sense of the state, over which you, sir, preside, The bene g ts t0 will readily perceive the benefit which must result from such result, &c. navigation. But whatever may be the peculiar advantages which locality may give to particular parts of the United States, we feel a conviction, that the general advantage to the whole nation is of such preponderating influence, as to render the present object of principal, if not exclusive, concern to the na- tional legislature. The state of New- York is not ignorant of the special benefit which she might secure to herself by holding in her own hands the best communication between the territory around the lakes, and the Atlantic ocean, neither is she so devoid of enterprise or re- source as not to open that abundant source of influence and revenue. But she is disposed rather to grant, than withhold accommo- dation, and not only to enter into every reasonable stipulation, but to give the aid of her legislative authority to those measures which, in prosecution of the business, maybe found needful. There arc two modes, sir, by which your state mav contribute ■ Z J J . Two model ia to this great work : by pecuniary appropriations, and by that which th.> influence in the councils of the union, to which she is entitled, tribute, ic. The former mode will certainly not be unacceptable. Whether the money granted, shall be in the form of a gift or a loan, will, of course, depend on the ulterior consideration, whether the Ca- '> \2 m CANAL LAWS, &c. 1812. nal is forever to be free, or whether, being made at the expense W^-^> of New-York, it shall be subject to such transit duties as, from a regard to her special interest or convenience, she may, from time to time, think proper to impose. In the former case, the bounty of your state will be patriotically offered and frankly re- Loans, ceived. Loans may, in both cases, be useful. . . But what appears to us most suitable to the occasion, and 1 heir inferpo- 1 A sition with Con- which, therefore, we most earnestly solicit, is, the exercise of your gress, request influence in the public councils of our country, to provide for the whole expense of this canal; which, to use the pertinent expressions of the law under which we act, will encourage agri- culture, promote commerce and manufactures, facilitate a free and general intercourse between different parts of the United States, tend to the aggrandizement and prosperity of the coun- try, and consolidate and strengthen the union. We take the liberty to request that your excellency will have the goodness to communicate this application to the legislature of your state, and give it that aid which it may, in your opinion, deserve. With perfect respect, We have the honor to be, &Cr ( No. 3. ) COPY OF A LETTER TO THE PRESIDENT OF THE 'UNITED STATES, Sir, The enclosed exemplification of a statute, passed the eighth Powers stated. ^ j ast ^p r ^ w jjj snow tnat we are empowered to make applica- tion, on behalf of the state of New- York, to the Congress of the United States, on the subject of a canal between the great lakes and Hudson's river. An object of such general concern, seems to be within the Snceoftheob- scope of that information which is to be communicated to the ject, &c. National Legislature by the President of the United States, and, therefore, we deem it our duty to place it in your hands. W r e do not assign reasons in its support, because they will CANAL LAWS, be. not escape your penetration; neither do we solicit your patron- 1812. age, because we rely on your patriotism. It is submitted to your v Y — consideration in the most simple form, and we have charged two of our members, Gouverneur Morris and De Witt Clinton, to give you, sir, in presenting this letter, the personal assurance of that respect, with which We have the honor to be, Your most obed't serv'ts. ( No. 4. ) REPORT OF THE COMMISSIONERS APPOINTED TO ATTEND AT THE 6EAT OF THE GENERAL GOVERNMENT. Your committee, appointed to attend at the seat of the general government, for the purpose of forwarding the memorial re- specting the projected Canal, beg leave to REPORT: That they proceeded to the seat of the general government, procec d. by the way of Lancaster, where they took measures to obtain ^ l ni ^ Peans y N the concurrence of the legislature of Pennsylvania. On the twenty-first of December, they waited on the President of the United States, and found him, although he expressed president" " himself tc be an enthusiast as to the advantage of interior navi- gation, by means of canals, embarrassed by scruples derived from his interpretation of the constitution. At the close of their visit, however, he was in a better disposition, which is evidenced by his message to Congress, of the twenty-third of December, copy whereof is annexed. On the twenty-fourth they attended at the Treasury office and An(l onttie found the Secretary desirous of performing this, and other works SCjJJ* of a similar nature, conformably to the plan which he had re- ported at the precedent session. He was of opinion that, under present circumstances, pecuniary aid would not be given; but that sufficient grants of land might 02 CANAL LAWS, &c. 1812. be now made without inconvenience to the fiscal concerns of the ^™ v j union. And these grants be afterwards redeemed by cash, when the treasury should be in a more prosperous condition. e Your committee found an idea prevailing with some, and zeal- Suggestion as . to banks, roads ously inculcated on others, that it would be wise so to amend the and canals. . , . . , . constitution, as expressly to authorise the general government to incorporate banks and make roads and canals without consent of the states. This suggestion arose, they believe, from a desire to resusci- tate the national bank; it being presumable that gentlemen who had declared the old charter to have been unconstitutional, could not be prevailed on to grant a new one. It appeared, therefore, to your committee, that the proposed amendment being intended to get clear of difficulty respecting the bank ; other objects were introduced rather as a convenient cover than as needful concomitants. Whatever may be the case with respect to banks, the proposed amendment, so far as regards roads and canals, appeared to your committee worse than useless ; because the power to apply na- tional treasure to such objects, with consent of the respective states, is unquestionable, and so far as relates to roads, has been sanctioned by frequent usage. On the subject of banks and roads, nevertheless, they did not find themselves called on to ex- press their sentiments, but felt it a duty to declare, on all proper occasions, a decided opinion that the states would not consent to vest in the national government a power to cut up their territory, for the purpose of digging canals. Your committee found another idea operating with baleful ef- Jealousies of feet, though seldom and cautiously expressed. The population Wew " York ' &c * and resources of the state of New-York, furnish no pleasant re- flections to men, whose minds are imbued with state jealousy ; and although the proposed canal must not only be of the highest importance to the western states, as well as to the states of Penn- sylvania and Maryland, and greatly promote the prosperity of the whole union, it was obvious that an opinion of its superior benefit to this state was sedulously inculcated. An opinion which there is reason to fear, will have but too much influence in every consideration of this subject. A deby of 16 Although the President's message, above mentioned, together with the petition of the board of commissioners, was immediately referred to a lnrire committee ; it was not until after a lapse of (ANAL LAWS, fcc. 93 sixteen days, (viz. on the eighth of January) that your commit- 1812. tee was summoned to attend. *v Marks of reluctance were perceptible, but in the close of the conference, a disposition to consider the subject more fully and inore favorably prevailed ; still, however, it was evident that the object of this state would not be separately attended to. Your committee were desired to prepare a general system; and A system pro they had already learned in the course of their conversations purcJ ' with individuals, that unless something was done for many of the states, the consent of a majority of the House of Representa- tives could not be obtained. After the meeting just mentioned, your committee proceeded to the Treasury oflice, conferred with the Secretary, and con- formably to his ideas, fixed on a tract of land, to be appropriated to the objects in contemplation. In the evening of the tenth, they again met the committee of Congress, and submitted to their consideration the draft of a bill, embracing the principal objects contained in the Secretary's report, already referred to, of which bill a copy is annexed. On the fifteenth of January, the committee of Congress dc- Committee of termincd to report in favor of canals, and appointed a sub-corn- ^report mittee to prepare that report. Thus the main difficulties seemed J." tt fj„ vour 01 to be surmounted, and there was good ground to believe that, if the report should be brought speedity before the House of Re- presentatives, the assent of a majority would be obtained. But the sub-committee, for reasons which, though unknown, are pre- sumed to have been weighty, dalayed the report, notwithstand- ing the solicitations of One of your committee, who remained until the twenty-sixth, in the hope of being able to prevail on them to accelerate their movements, and not to adopt every amendment which might be proposed, in order to conciliate the opinion of the proposer; a dangerous course which frequently Delayed II loads a reasonable system with so much objectionable matter as ijJs ' finally to sink it. Moreover, it was feared that the object might be lost by delay ; for there might be some who, though they would not hazard reputation by voting against it, would gladly avail themselves of pretexts to postpone a decision till the session should be brought to a close. Your committee have learnt, by letters from Washington, that Thecommit- , . • m tec or coq g re u trie report of the sub-committee, after being canvassed in the etayi thtir general committee, received but four out of thirteen votes, and° p " ll0,r> CANAL LAWS, fcc. 1812. that another sub-committee was thereupon appointed, to state * ^ j t jj e reasons w hy ^ i s thought improper for congress to act upon the subject of canals this session. Your committee will not at- tempt to imagine the motives for so great a change of conduct, if not of sentiment, in the gentlemen who composed the general committee. The board will judge on the face of facts above stated. Question as The importance of the object to the United States, is too ^^^ e ^ f manifest to admit of question, and the offer of New York too fair to admit of cavil. The reason assigned for withholding, not only an immediate advance, but even an eventual appropriation, viz : That the resources of the country may be required to sup- port a war, although more plausible than solid, may be admitted as sufficient with many well meaning men. But this reason does not apply to a conditional grant of land, which shall not take effect until the canal shall be completed. Such grant will not, it is presumed, be expressly denied, and the reasons to be assigned why it cannot be made now, will speak for themselves. i2r°e$ e &c 0n3 Your committee have learnt that some speak slightly of the canal, as a project too vast ; while others are so weak as to ques- tion the ability of the state to bear the expense, as if an expense of five or even ten million of dollars, payable in twenty years, would be a serious, much less oppressive effort for a million of men. Others again, who have too much understanding to doubt the resources of the state, and too much prudence to expose them- selves to ridicule, by expressing such doubt — triumphantly de- clare, that her legislature has not the spirit and intelligence to draw out and apply her resources to that great object. These men console themselves with a hope that the envied state of New York will continue a supplicant for the favor and a de- dependant on the generosity of the Union, instead of making a manly and dignified appeal to her own power. It remains to be proved, whether they judge justly who judge so meanly of our councils. All which is humbly submitted. CANAL LAWS, be- 95 1812. MESSAGE ' — To the Senate and House of Representatives of the United States. I communicate to Congress, copies of an act of the Legislature The President of New York, relating to a canal from the great lakes to Hud- s f £;Vt°Snd son's river. In making the communication, 1 consult the respect *f S ^p°™" due to that state, in whose behalf the commissioners appointed by the act, have placed it in my hands for the purpose. The utility of canal navigation is universally admitted. It is not less certain, that scarcely any country offers more extensive opportunities, for that branch of improvements, than the United States ; and none, perhaps, inducements equally persuasive, to make the most of them. The particular undertaking contem- plated by the state of New York, which marks an honorable spirit of enterprise, and comprises objects of national, as well as more limited importance, will recall the attention of Congress to the signal advantages to be derived to the United States, from a general system of internal communication and conveyance ; and suggest to their consideration whatever steps may be proper on their part, towards its introduction and accomplishment. As some of those advantages have an intimate connexion with ar- rangements and exertions for the general security, it is a period calling for these that the merits of such a system will be seen in the strongest lights. JAMES MADISON Washington, December J3d, 1811. PROPOSED BILL, TO BE PASSED BY CONGRESS. Whereas it is expedient to open inland navigation as soon as Preamble, circumstances will permit, the various communications which may be effected by the rivers, sounds, bays and lakes of the United States, between the Northern and Southern, the Eastern and Western parts of their territory, and especially a communi- cation along the sea coast, from Boston or Barnstable bay, t" Naraganset or Buzzard's bay, from Rariton river to Chesapeake l>ay, and from Chesapeake bay to Albermarle sound: also, d 9G CANAL LAWS, &c, 1812. communication from lake Champlain to Hudson's river, fraiH v v 4 lake Erie to Hudson's river, the Susquehannah, the Muskingum and the Wabash, from lake Michigan to the Illinois, from the Susquehannah to the Schuylkill and the Delaware, from the Roanoke above its great falls to the Chowan or Mehevrin, from the Tennessee to the Tombigbee, from the Cooper river and Black river to the Santee, and from the Savanna to the Tennes- see ; also, to construct locks around the falls of the Ohio, and to meliorate the navigation of the Potomac, above the falls. Certain lands Be it therefore enacted, &-c. That the lands, hitherto unappro- appropnated. . priated, in the Michigan territory, and that part of the Indiana territory lying north of the fortieth degree of latitude, be and they hereby are appropriated to the said several objects, and to such others of the same or a similar kind, as the wisdom of Con- gress may hereafter designate. 1,000,000 H. And be it further enacted, That one million acres of land, acres to belong ¥ . L ' s . -iii to Massachu- part oi the tracts above mentioned, shall vest in and belong to condi°!ons. rtain state °f Massachusetts, so soon as a canal navigable for vessels drawing six feet of water, shall be opened between the Boston and Naraganset bays, or between the Barnstable and Buzzard bays, on condition nevertheless, that no tax, toll or impost shall be levied or taken for the passage of such vessels on the same canal, other than what may be needful to pay the annual expense of superintending and keeping the same in repair. 50&.OOO acres HI. And he it further enacted, That five hundred thousand to New Jersey. . acres of land, part of the tracts above mentioned, shall vest in and belong to the state of New Jersey, so soon as a canal, navi- gable for vessels drawing six feet water, shall be opened between the Rariton and Delaware rivers, on condition, nevertheless, that no tax, toll or impost shall be levied or taken for the passage of such vessels on the same canal, other than what may be needful to pay the annual expense of superintending and keeping the same in repair. 400,000 acres IV. And be it further enacted, That four hundred thousand to Delaware. acres f fon^ part of the tracts above mentioned, shall vest in and belong to the state of Delaware, so soon as a canal, naviga- ble for vessels drawing six feet water, shall be opened between the Delaware river and Chesapeake bay, on condition, neverthe- less, that not more than twenty cents per ton shall be levied or taken for the passage of vessels on the same canal CANAL LAWS, &c. 07 V. And be it further enacted, That two hundred thousand acres 1812. of land, part of the tracts above mentioned, shall vest in and v v ' belong to the state of Virginia, so soon as a canal, navigable to virgin?" 63 for vessels drawing six feet water, shall be opened between the Chesapeake bay and Albermarle sound, on condition, never- theless, that no tax, toll or impost shall be levied or taken for the passage of such vessels on the same canal, other than what may be needful to pay the annual expense of superintending and keeping the same in repair. VI. And he it further enacted. That four hundred thousand 4oo,ooo acres J to New York. acres of land, part of the tracts above mentioned, shall vest in and belong to the state of New York, so soon as a canal, naviga- ble for flat bottomed boats of twenty tons burden, shall be open- ed between lake Champlain and the tide waters of Hudson's river, on condition, nevertheless, that no tax, toll or impost shall be levied or taken for the passage of such boats on the same canal, other than what may be needful to pay the annual expense of superintending and keeping the same in repair. VII. And be it further enacted, That four millions of acres of 4,ooo,ooo land, part of the tracts above mentioned, shall vest in and belong New- York? l ° to the said state of New-York, so soon as a canal shall be opened from lake Erie to Hudson's river, not less than sixty-three feet wide on the top, forty-five feet wide at the bottom, and five feet deep, (and, if practicable, along an inclined plane, descending not more than six inches in a mile,) to Hudson's river, or a basin within four miles thereof; on condition, nevertheless, that no tax, toll or impost shall be levied or taken for the passage of boats not exceeding sixty feet long, eighteen feet wide, or drawing more than three feet of water on the same canal, other than such as may be needful to pay the annual expense of superintending and keeping the same in repair. VIII. And be it further enacted, That one hundred thousand loo.OOOacret acres of land, part of the tracts above mentioned, shall vest in, J° a> Penn,,lTm ' and belong to the state of Pennsylvania, so soon as a canal, navigable for boats often tons, shall be opened between the lake Erie and the Susquehannah river. IX. And be it further enacted, That one hundred thousand 2JO.000 «er*s • to Ohio. acres of land, part of the tracts above mentioned, shall vest in, and belong to the state of Ohio, so soon as a canal, navigable for boats often tons, shall be opened between the lake Erie and the Muskingum ; and that one hundred thousand acres uf land, 13 CANAL LAWS, Lc. 1812. also part of the tracts above mentioned, shall vest in, and belong' to the said state of Ohio, so soon as a canal, navigable for boats of ten tons, shall be opened from the lake Erie to the Wabash ; on condition, nevertheless, that no tax, toll or impost shall be levied or taken for the passage of such boats on the said canals, or either of them, other than what may be needful to pay the annual expense of superintending and keeping them in repair re- spectively. 100,000 acres X. And be it further enacted, That one hundred thousand also to New- r * <* ti York. acres of land, part of the tracts above mentioned, shall vest in, and belong to the state of New-York, so soon as a canal, naviga- ble for boats of ten tons, shall be opened from the lake Michigan to the Illinois river ; on condition, nevertheless, that no tax, toll or impost, shall be levied or taken- for the passage of such boats on the same canal, other than what may be needful to pay the annual expense of superintending and keeping the same in re- pair. sdo,ooo acres XI. And he it further enacted, That eight hundred thousand a?a. PennS> lva " acres of land, part of the tracts above mentioned, shall vest in, and belong to the state of Pennsylvania, so soon as a canal, navi- gable for boats of ten tons, shall be opened from the Susquehan- nah to the Schuylkill, and from the Schuykill to the Delaware. 3.0*0,000 acres XII. And be it further enacted. That three hundred thousand N. Carolina. acres f ] a nd, part G f the tracts above mentioned, shall vest in, and belong to the state of North-Carolina, so soon as a canal, navigable for boats of ten tons, shall be opened from above the great falls of the Roanoke river, to the Chowan or Mehevrin rivers ; on condition, nevertheless, that no tax, toll, or impost, shall be levied or taken for the passage of such boats on the same canal, other than what may be needful to pay the annual expense of superintending and keeping the same in repair. 200,000 acres XIII. And be it further enacted, That two hundred thousand twicnncsee. acres f land, part of the tracts above mentioned, shall vest in, and belong to the state of Tennesee, so soon as a canal, naviga- ble for boats of ten tons, shall be opened from the Tennesee river to the Tombigbee river. 200,000 acres XIV. And be it further enacted, That two hundred thousand >. Carolina • aCres f land, p ar t of the tracts above mentioned, shall vest in, and belong to the state of South-Carolina, so soon as a canal, navigable for boats of ten tons, shall be opened from the Cooper river and the Black river to the Santee. CANAL LAWS, fee. XV. And be it further enacted, That one million acres of land, 1812. part of the tract s above mentioned, shall vest in, and belong to v v ' the state of Georgia, so soon as a canal, navigable for boats of 1,000,000 a- ten tons, shall be opened from the Tennesee to the Savannah s i a . river ; on condition, nevertheless, that no tax, toll or impost, shall be levied or taken for the passage of such boats in the same canal, other than what may be needful to pay the annual expense of superintending and keeping the same in repair. XVI. And be it further enacted, That three hundred thousand 300,000 acr/? acres of land, part of the tracts above mentioned, shall vesting* tu< **' and belong to the state of Kentucky, so soon as proper locks shall be constructed to take round the falls of the Ohio, vessels of tons ; on condition, nevertheless, that no tax, toll or im- post shall be levied or taken for such vessels passing through the faid locks, other than what may be needful to pay the annual expense of superintending and keeping the same in repair. XVII. And be it further enacted, That two hundred thousand 200,000 acr<* acres of land, part of the tracts abov e mentioned, shall be, and the company! " 1 *^ same are hereby granted to the company incorporated by the states of Maryland and Virginia, for improving the navigation of the Potomac, to be applied by the said company in ameliorating the said navigation. XVIII. And be it further enacted, That none of the said land Land not to shall be sold or disposed of for a price less than two dollars per acre ; than ' $2 r per neither shall any settlement be made thereon until the Indian title acre * shall be regularly and fairly extinguished. But the said several tracts may be severally and respectively pledged as a security for loans, the amount whereof, shall be employed for the purposes respectively designated. XIX. And be it further enacted, That the public faith be, and Public faitfc the same hereby is pledged for the redemption of the capital P ,ed S ed, * <; » of loans made equivalent to the lands, (at the rate of two dollars per acre,) granted in the second, third, fourth, fifth, sixth, seventh, ninth, tenth, twelfth, fifteenth and sixteenth sections of this statute, at the end of twenty years from the period when such several loans shall have been made. Provided, that the monej p r0V jm borrowed, shall have been justly applied to the objects respec- tively specified, and that the tracts so granted, shall be respec- tively retroceded to the United States. It is, nevertheless, to be understood, and is hereby declared and enacted, that if the state, to which any such cession is hereby made, shall, within ten yettrsj CANAL LAWS, &c. 1812. declare the intention to accept the grant of land finally, and re- — v—- ' linquish the pledge of public faith hereby given, such grant shall be final, and the pledge of faith shall be void. prfsiden? XX ' And be lt f urther enacted, That the President of the U. S. for the time being, shall, on due application to him made, de- signate, from time to time, by metes and bounds, the several tracts contemplated by the provisions of this statute, and which are not herein designated ; and the acceptance of any state of any grant, shall be considered as an agreement to the condition which is hereby annexed to such grant. 4,500,000 a- XXI. And be it further enacted, That a tract containing four York, &c. NeW "million, five hundred thousand acres, in a parallelogram, extend- ing from east to west 5 across the north end of the Indiana territory, shall be, and hereby is appropriated to the conditional grants herein before made to the state of New-York, which parallelo- gram shall be divided, hy meridian lines, into three several tracts, of which the eastern tract, containing four hundred thousand acres, shall apply to the object specified in the sixth section : the middle tract, containing four million acres, shall apply to the ob- ject specified in the seventh section ; and the western tract, con- taining one hundred thousand acres, shall apply to the object specified in the tenth section of this statute. ( No. 5. ) COPY OF A LETTER OF 13tk FEBRUARY, 1812, FROM ROBERT BOWNE, To the committee appointed to confer with the Western Inland Lock Navigation Company. New York, 2d Mo. 13th, 1812. Respected Friends, Tarms pro- Your letter, of the 24th of August, has been duly consid- ^•fxJShx- ered by the board of directors of the Western Inland Lock NavifJSn Navigation Company ; and they have directed me to say, that Company, tne y cannot, in justice to the stockholders, deviate from the terms before communicated to the commissioners. The company was originally formed in consequence of an act of incorporation, not CANAL LAWS, fee. '.,:'M 1U1 asked for by themselves. The legislature conceived, very justly, 1813. that it would promote the general interest of the state, if an v v ' improvement should be made in the Mohawk river, and encour- aged the citizens to unite in the undertaking. It may very truly be observed, that most of the stockholders subscribed more from patriotic, than from pecuniary motives, and the result has been, that the state has been greatly benefited, and the stock- holders have received no advantage. The monies expended, amount to near 450,000 dollars, and less than half that sum is now only demanded. This sacrifice is made on account of the sincere desire the directors feel in pro- moting a further and more extensive improvement of the Western Inland Navigation, and they presume the commissioners will be satisfied that their present demand is just and reasonable. I am, with due respect, yours, &c. ROB : BOWNE, Prea't. To De Witt Clinton and } It. Fulton, Esquires. 5 Thereupon, Ordered, That five thousand copies of the said report be printed, in pamphlet form, and delivered to the members of the legislature, in equal portions, in order that the same may be gra- tuitously distributed and promulgated. IX. In Senate, February 10, 1813. On motion of Mr. Root, Mr Roofs The Senate then took up the consideration of the joint reso- Commiwoaen lution, laid on the table by Mr. Root yesterday, which being JgjJJf **** read, is in the following words, to wit : Resolved, (if the honorable the assembly concur herein) That the commissioners appointed in and by the act, entitled " an act to provide for the improvement of the internal navigation of the state," passed the 8th day of April, 1811, be, and they are here- by directed to report to the legislature without delay, what pro- gress they have made in execution of the powers given them by the act " further to provide for the improvement of the internal im CANAL LAWS, &<:. 1814. navigation of this state," passed June 19th, 1812, and especially — v ' by the third section of said act. Debates were had thereon, and Mr. President put the ques- tion, whether the Senate would agree thereto, and it passed in the negative. The yeas and nays being called for by Mr. Root, seconded by Mr. Haight, were as follows, to wit: For the Negative. Mr. Atwater, Mr. Piatt, Mr. Hall, Mr. Radcliff, Mr. Humphreys, Mr. Smith, Mr. Jones, Mr. Swift, Mr. Paris, Mr. Van Buren, Mr. Phelps, Mr. Yates, 12. For the Affirmative. Mr. Arnold, Mr. Haight, Mr. Bloodgood, Mr. Root, Mr. Carll, Mr. Tayler, Mr. Clarke, Mr. Wendell, Mr. Hagar, 9. X. In Assembly, March 8, 1814. The Commissioners appointed in and by an act of the Legisla- ture of the State of New-York, to provide for the internal im- provement of the State, Reported — That in compliance with their official duty, having made the They have fullest enquiries and investigations in their power, they have ap- qSnesand ap- P omte( l an engineer to trace out the course, and estimate the ex- gineer d &c E " P ense °^ tne P ro P ose( l canal ; as, also, to superintend such por- tion of the whole line as may be approved of by the legislature. He would probably have arrived before the present hour, had impediments to an intercourse with Great Britain been removed. They sought a proper character in that country, preferably to any other, because from its extensive interior communication by CANAL LAWS, fcc. 10 J canals, railways, and other expedients, they expect that a more in- 1S14. timate knowledge of useful facts can be obtained there than else- v v ' where ; and because an Englishman speaking the same language, and habituated to the same usages and manners, will more easily acquire information among us, and be less liable to imposition. On the arrival of the engineer, the commissioners will immedi- Engin«et, . whenhearrivr s ately direct such surveys to be made as may be necessary, in OJ?> will commence der to ascertain the exact line of the canal from lake Erie to the thc iurvf} 3,&c * Hudson ; and when this work is completed, the estimates of the engineer shall, as soon as possible, be laid before the legislature, who will then be able to form such a decision as will best pro- mote the prosperity of the state. The commissioners have, in the mean time, caused further in- Examinations ,111 111 ver y «tialacto- vestigations to be made, and would not have suspended the sur-ry,&c. \> \ s, as they did, during the last summer, but for military ope- rations which are not favourable to internal improvement. They have, however, the satisfaction to state, that every examination tends to show, not only the practicability, but the facility of this enterprise ; so far as the term facility can reasonably be applied to a work of such magnitude. They add with much pleasure, that it will not be difficult to extend this communication to the fertile vales watered by the Susquehannah and its wide spreading branches. Hence, they presume, that the public spirit which lias always characterized Pennsylvania, will, at a proper time, induce her to co-operate. It may, indeed, be objected, that, to facilitate the intercourse of a commercial rival, may be of more comparative loss, than positive advantage. But far be such jealousies from the councils of New-York. Marked by naftnre for greatness, and strong in the consciousness of intrinsic strength, she will always feel that nobleness of soul, which rather accelerates than retards her neighbour's prosperity. The commissioners cannot leave this branch of the subject, Canal from without stepping a little out of the road in which they ought jjjj strictly to walk, for the purpose of expression; their belief, that H uds01 '- the communication long since contemplated, between Lake Cham- plain and Hudson's river, may easily be eliected ; and, thus, an- other of those great avenues be opened, which Providence has so well prepared, that little more is left for the state, than merely to will the possession of wealth and power, The commissioners have, also, conformably to the powers con- Crantsofland ferredon them, applied for and obtained qrants of land, a sched- obtailird ' **• 104 CANAL LAWS, &c. 1814. ule whereof is annexed to this report. It would be improper not v — ^ ' to acknowledge the liberality of the grantors ; but it would be doing injustice to their intelligence, should it be doubted, that a prudent regard to their own interest had its proper share in their determinations. The clear-sighted perception of mankind, re- specting matters which affect their property, opened to their view the benefits which they must derive from this extensive inland communication. They, as a part, see and feel what the state, as a whole, must acquire by it ; and the solidity of their opinion is the less to be questioned, as the light, in coming to their mental vision, has neither been intercepted by the opacity of dull con- ception, nor refracted by passing through media of misrepre- sentation. The value of these lands will increase by every year of ap- proaching settlement, and every avenue of amended access, whether by improving old roads or making new ones. We may, therefore, safely calculate, that in the course of twenty or thirty years, the proceeds of these lands will reimburse to the state no small portion of the expense it may incur by completing the whole line of the proposed canal ; and here we must remind gentlemen, of what has frequently occurred to their own reflection, that altho' twenty or thirty years be a large portion of individual existence, they form but a short period of national duration. Loan, Ac. The commissioners have also performed the duty of attempt- ing a loan in Europe, conformably to the terms and within the limits prescribed. They have reason to believe, that their efforts would have been crowned with success, had not the declaration of war been nearly simultaneous with the grant of authority to make a loan. The attempt having failed, no farther measures have been adopted in relation to this object. Objections commissioners having thus rapidly recited facts which it still made,&c. j s ^ e i r j U |y t communicate, would be wanting to the public in- terest, did they not notice attempts to excite opposition to the work committed to their charge. They have examined in their preceding reports the reasons advanced by its opposers, and would endeavour to answer other reasons, if any such they could hear of. In the face of incontrovertible facts, the supposed su- periority of what is called the natural communication, by Lake Ontario, has been strongly insisted on, and of late the prodigious advantage of carrying on the internal trade of America, through seaports of the St. Lawrence, was ostentatiously displayed to CANAL LAWS, &c. 105 prove, that a canal through the Western District of New-York 1814, is an idle project. * v These gentlemen could not indeed deny, that there is some They ara ° • i • i v considered. risk in navigating the Lake, and some difficulty in descending the river ; but neither the risk nor the difficulty, nor both com- bined, are considered as serious obstacles. To men of such san- guine temper, it is useless to ''observe, that this communication would be much more expensive than the one contemplated, and that it is closed from November to May by the rigid laws of na- ture ; but what are the laws of nature to gentlemen enamoured with their own conceptions. Disdaining to consider the actual state of things, whenever map-makers trace a stream, they find a military and commercial highway. Should there be a want of water, it is supplied by their depth of intellect ; should the surface be covered with ice, it is thawed by their warmth of ima- gination. To contend with such men is no easy task, for they make facts as they go along, and reasons the}' disclaim ; insisting, that whatsoever they think proper to approve of is sublime ; whatso- ever they think proper to dislike is absurd. From these decrees, pronounced with an air of censorial gravity and the contemptuous smile of superior intelligence, they admit of no appeal. Far from imitating them, the commissioners will not have the hardihood to question their sagacity, neither will they, after industriously ap- plying the share of common sense allotted to them by Divine Goodness, to the object of their appointment, pretend, even on that subject, to vie with gentlemen, whose privilege it is to understand, and whose prerogative to decide, according to the inverse propor- tion of their knowledge. With all due deference, nevertheless, to such ethereal minds, they are constrained by stubborn habit, to adhere to the opinion of intelligent professional men. And here the commissioners beg leave to remark, that they are much mis- understood, when it is supposed that they recommend, exclusive- ly, a canal descending according to the level of the country, like an inclined plane. On the contrary, their project embraces the system of locks as well as the other, and their opinion is, that tho operation must be regulated by the nature of the country, tak- ing into view the diminution of expense and the shortening of distance. And they beg leave to call to the recollection of the legislature, the decided opinion of Mr. William Weston, one of the most eminent civil engineers in Europe, who was formerly employed by the Inland Lock Navigation Company of this state. 14 106 CANAL LAWS, fcc. 1814. and who is perfectly acquainted with the country. In a letter s *^^*^' to one of the commissioners, he says : " Should your noble but stu- ojrinior^ eSt ° n & pendous plan of uniting Lake Erie with the Hudson, be carried into effect, you have to fear no rivalry. The commerce of the im- mense extent of country, bordering on the upper lakes, is your's forever, and to such an incalculable amount as would baffle all conjecture to conceive. Its execution would confer immortal honor on the projectors and supporters, and would in its eventu- al consequences, render New-York the greatest commercial em- porium in the world, with perhaps the exception, at some distant day, of New-Orleans, or some other depot at the mouth of the majestic Mississippi. From your perspicuous topographical de- scription, and neat plan and profile of the route of the contem- plated canal, I entertain little doubt of the practicability of the measure. Perhaps this is the only question which the legisla- ture should be particularly anxious to have resolved. The ex- pense, be it what it may, is no object when compared with the in- calculable benefits arising therefrom, though, doubtless, it will deserve attention, that the money granted liberally be wisely and economically expended." All which is humbly submitted. GOUV. MORRIS, S. VAN RENSSELAER, DE WITT CLINTON, SIMEON DE WITT, PETER B. PORTER, THOMAS EDDY, ROBERT FULTON. SCHEDULE, Schedule of Of cessions of lands agreed to be made to the people of this cessions of _ . . „ . lauds, &c. state, as a free gift for promoting the execution of canal naviga- tion from Lake Erie to the Hudson : Paul Busti, Esq. agent for the Holland Company, in Acres. behalf of said company, 100,632 Le Roy, Bayard and M'Evers, 2,500 John Greig, Esq. in behalf of Governor Hornby, 3,500 Robert Troup, Esq. agent for the heirs of Sir William Poulteney, will make a large grant in ^ behalf of the' heirs-, as scon as his powers as CANAL LAWS, &Ci 10? agent of that estate, which have ceased by thk 1814. death of his constituent, shall be renewed. <^*v^w And the commissioners have reason to expect considerable grants from other sources. As soon as the deeds making* those cessions are perfected, co- pies will be transmitted to the legislature. [It is worthy of remark, that the principal Engineers, employed on the Erie and Charn- p'ain Canals, have been throughout the whole period which has been occupied in the con- struction of those works, Native Citizen?, with the unimportant exceptions of one French and one Irish gentleman, who were each employed one year in making tome preliminary examinations.] -■*•#•*«" In Senate, January 27, 1814. Mr. Root asked for leave to bring in a bill, entitled " an act Mr. Root's mo- to repeal the third, fourth and fihh sections of the act, entitled, f^pealbgfcS " an act further to provide for the improvement of the internal navigation of this state." Leave being given, Mr. Root brought in the said bill, which was read the first time, and by unanimous consent, was also read a second time, and committed to a committee of the whole. In Senate, January 28, 1814. The Senate then resolved itself into a committee of the whole „ Proceedings on on the bill, entitled " an act to repeal the third, fourth and filth Repealing Act. sections of the act, entitled " an act further to provide for the improvement of the internal navigation of this state," and after some time spent thereon, Mr. President resumed the chair, and Mr. Bloodgood, from the said committee, reported, that the committee had gone through the said bill, added a proviso, and agreed to the same, which he was directed to report to the Sen- ate, and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the Senate. Ordered, That the bill be engrossed. In Senate, January 29, 1814. The said engrossed bill, entitled u an act to repeal the third, r Ina i m*^, fourth and fifth sections of the act, entitled " an act further to of,htfBiiL CANAL LAWS, kc. 1814. provide lor the improvement of the internal navigation of this — vf — "f state," was read the third time. Resolved, That the bill do pass. In Assembly, March 24, 1814. The house then resolved itself into a committee of the whole Act to repeal certain section? on the engrossed bill, from the honorable the Senate, en- June, e i8i2. ° titled " an act to repeal the third, fourth and fifth sections of the act, entitled " an act further to provide for the improvement of the internal navigation of this state" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Young, from the said committee, reported, that in proceeding on the said bill, the enacting clause thereof was read, and is in the words follow- ing, to wit: " BE it enacted by the people of the state of New-York, re- " presented in Senate and Assembly, That the third, fourth and " fifth sections of the act, entitled " an act further to provide " for the improvement of the internal navigation of this state,' ' " passed June nineteenth, one thousand eight hundred and ' ; twelve, be and the same are hereby repealed : Provided, That " nothing herein contained shall be construed to affect or annul u any acts of the said commissioners, done in pursuance of the " said sections hereby repealed." Mr Williams' That Mr. E. Williams made a motion, that the committee moti i lost, should ag ee to expunge from the said clause the words, " third, "fourth and fifth sections of the," in the second line thereof. That debates were had on the said motion, and the question having be n put, whether the committee would agree to the said motion, it passed in the negative. Division. That the yeas and nays were called for by Mr. Van Orden, seconded by Mr. Hull, and were as follows, to wit : For the Negative. Mr. Allen, Mr. Lynch, Mr. Bennett, Mr. Mallery, Mr. Blackstone, Mr. Manny, Mr. Bleecker, Mr. Mather, Mr. Bouck. Mr. M'Call. CANAL LAWS, fctt i 09 Mr. Bowker, Mr. M'NeiK Mr. Bradley, Mr. Mooney, Mr. Br ay ton, Mr. Mott. Mr. Bronson, Mr. Nasi), Mr. Carrington, Mr. Phelps, Mr. Coles, Mr. Satterlee, Mr. Crafts, Mr. Sill, Mr. Deforeest, Mr. M. Smith, Mr. W. Dietz, Mr. Southerland, Mr. Douglass, Mr. Speaker, Mr. Duer, Mr. J. Thompson, Mr. Fi'aser, Mr. L.Thompson, Mr. Ganson, Mr. Vanfleet, Mr. Gilbert, Mr. Van Ingen, Mr. HackloY. Mr. Van Rensselaer, Mr. Hammond, Mr. Van Vleck. Mr. Hasbrouck, Mr. Vrooman, ivir. nun, Mr. W arner, Mr. Jones, Mr. White, Mr. C. King. Mr. Wilco\. Mr. Knox, Mr. Winne, Mr. Lott, Mr. Zabriskie, For the Affirmative. Mr. Angle, Mr. A. Miller, Mr. Avery, Mr. G. Miller, Mr. Baker, Mr. A. Moore, Mr. Barnum, Mr. J. Moore, Mr. Bellinger, Mr. Noyes, Mr. Bevier, Mr. I. Ogden, Mr. Carman, Mr. Palmer, Mr. Clark, Mr. J. Potter, Mr. Cleland, Mr. N.Potter, Mr. Conklin, Mr. Ransford, Mr. Cruger, Mr. Rockefeller. Mr. Denuis, Mr. Ross, Mr. J. Dietz. Mr. Russell, Mr. Doty, Mr. Savage, Mr. Gordon, Mr. Sayre, Mr. Hatfield. Mr. J. Smith. < ANAL LAWS, &e* 1814. Mr. Houghteling, Mr. Starbuck. s^v^W Mr. Hyde, Mr. Strong, Mr. Kiersted, Mr. Van Home. Mr. E. W. King, Mr. Van Orden, Mr. Kissam, Mr. Webb, Mr. Lester, Mr. E. Williams, 44. Mr. Van Rens- That Mr. Van Rensselaer made a motion, that the committee carried. fnotI ° n should agree to expunge from the said clause all that part thereof, beginning with the word " third" to the end of the said clause, for the purpose of receiving in lieu thereof, the following substi- tute, to wit : M Powers granted to the commissioners by the third, fourth " and fifth sections of the act, entitled, " an act further to pro- " vide for the improvement of the internal* navigation of this " state," passed June nineteenth, one thousand eight hundred " and twelve, be suspended till one year after the termination of " the present war : Provided, That nothing herein contained " shall be construed to affect or impair any act already done, or " contract made, by the said commissioners under the said sec- " tions." That debates were had on the said motion, and the question having been put, whether the committee would agree thereto, it was carried in the affirmative. Division. That the yeas and nays were called for by Mr. Hatfield „ seconded by Mr. Hull, and were as follows, to wit : For the Affirmative. Mr. Allen, Mr. Lynch. Mr. Bennett, Mr. Mallery. Mr. Blackstone. Mr. Manny. Mr. Bleecker. Mr, Mather. Mr. Bowker, Mr. M'Call. Mr. Brayton, Mr. M'NeiK Mr. Bronson, Mr. Mooney. Mr. Carrington. Mr. Mott, Mr. Coles, Mr. Nash, Mr. Crafts, Mr. Satterlee, Mr. DeforeeM. Mr. Sill, Mr. Dennis, Mr. M. Smith, Mr. J. Dietz, Mr. Southerland. CANAL LAWS, &c/ ill Mr. Douglass, Mr. Speaker, Mr. Duer, Mr. J. Thompson, Mr. Fraser, Mi. L. Thompson, Mr. Ganson, Mr. Van Alen, Mr. Gilbert, Mr. Vanfleet, Mr. Hammond, Mr. Van Rensselaer. Mr. Hasbrouck, Mr. Van Vleck, Mr. Hull, Mr. W arner, Mr. Jones, Mr. Wilcox, Mr. Kiersted, Mr. Winne, Mr. C. King, Mr. Zabriskie. Mr. Knox, For the Negative. Mr. Angle, Mr. A. Moore, Mr. Avery, Mr. J. Moore, Mr. Baker, Mr. Noves, Mr. Barnum, Mr. I. Ogden. Mr. Bellinger. Mr. Palmer, Mr. Bevies Mr. Phelps, Mr. Bouck, • Mr. J. Potter, Mr. Carman. Mr. N. Potter, Mr. Clark, Mr. Ptansford. Mr. Cleland, Mr. Ross, Mr. Conklin, Mr. Russell. Mr. Cruger, Mr. Savage. Mr. W. Dietz. Mr. Say re. Mr. Doty, Mr. J. Smith. Mr. Gordon, Mr. Starkweather. Mr. Hackley, Mr. Starbuck, Mr. Hatfield, Mr. Strong, Mr. Houghteling, Mr. Van Hornr. Mr. Hyde, Mr. Van Ingen, Mr. E. W. King, Mr. Van Orden, Mr. Lester, Mr. Vrooman. Mr. Lott, Mr. Webb, Mr. A. Miller, Mr. E. Williams Mr. G. Miller, Mr. Young further reported progress, and asked for and ob- tained leave to sit again. 112 CANAL LAWS, &c. 1814. In Assembly, April 13, 1814. ^ouse then again resolved itself into a committee of the seiaer's motion whole house, on the bill, entitled " an act for the payment of cer- Tost^ a claUSC tain officers of government, and for other purposes, 11 and after some time spent thereon. Mr. Speaker resumed the chair, and Mr. Lynch, from the said committee, reported, that in proceed- ing on the said bill, Mr. Van Rensselaer made a motion, that the committee should agree to add a clause thereto, which was read, and is in the words following, to wit : And whereas, it appears from a report of the commissioners constituted by the act to provide for the improvement of the in- ternal navigation of this state, that they have employed an engi- neer for the purposes contemplated by their appointment, which will require an appropriation of money : Therefore, Be it further enacted, That it shall and may be lawful for the Treasurer of this state, on the warrant of the Comptroller, to pay to the order of the said commissioners, a sum not exceeding fif- teen thousand dollars, to be drawn for by them when wanted for the execution of the trust confided in them. That debates were had thereon, and the question having been put, whether the committee would agree thereto, it passed in the negative. That the yeas and nays were called for by Mr. Ross, seconded Division. , , , , r , „ by Mr. Young, and were as follows, to wit : For the Negative. Mr. Angle, Mr. G. Miller, Mr. Barker. Mr. J. Moore, Mr. Barnum, Mr. Noyes, Mr. Bellinger, Mr. Palmer, Mr. Bevier, Mr. Phelps, Mr. Blackstone. Mr. J. Potter, Mr. Bouck, Mr. N. Potter, Mr. Bowker, Mr. Rockefeller. Mr. Bradley, Mr. Ross, Mr. Carman. Mr. Savage, Mr. Clark, Mr. Sayre, Mr. Cleland, Mr. J. Smith, Mr. Conklin. Mr. Starkweather. Mr. Dennis. Mr. Starbuck. CANAL LAWS. fcfc. Mr. W. Diet/, Mr. Strong, Mr. Doty, Mr. L. Thompson Mr. Dunning) Mr. Van Alen, Mr. Gordon, Mr. Van Home, Mr. Hackley, Mr. Van Ingen, Mr. Hatfield, Mr. Van Orden, Mr. Houghtcling, Mr. Vrooman, Mr. Hyde, Mr. Warner, Mr. Kiersted, Mr. Webb, Mr. E. W. King. Mr. White, Mr. Lott, Mr. E. Williams, Mr. Manny, Mr. Young, Mr. A. Miller. For the Affirmative, Mr. Bleecker, Mr. M'Neil, Mr. Brayton, Mr. Mooney, Mr. Coles, Mr. Morris, Mr. Crafts Mr. Mott, Mr. J. Dietz, Mr. Nash, Mr. Gilbert, Mr. Satterlee, Mr. Griffin, Mr. Southerland, Mr. Hammond, Mr. Speaker, Mr. Jones, Mr. Van Dyck, Mr. C. King, Mr. Van Rensselaer, Mr. Mallery, Mr. Wilcox, Mr. Van Home made a motion, that the committee should Mr. \ ■ agree to add a clause to the said bill, which was read, and is in tion to add a the words following, to wit : cIause carried And be it further enacted ', That the third, fourth and fifth sec- tions of the act, entitled " an act further to provide for the inter- nal navigation of this state," passed June nineteenth, one thou- sand eight hundred and twelve, be and the same are hereby re- pealed : Provided, That nothing herein contained shall be con- strued to affect or annul any acts of the said commissioners, done in pursuance of the said sections hereby repealed. That the question having been put, whether the committee would agree to the said motion, it was carried in the affirmative- 15 114 CANAL LAWS, &e. ^hatthe yeas and nays were called for by Mr. M'Neil, second 1814. e( | by Mr. Coles, and were as follows, to wit : For the Affirmative. iur. Angle, lvir. o . itiuuic. iur. ivverv, i\ir. i\oyes, Mr. Barnum, Mr. 1 aimer, Mr. rSeliinger, Mr. Jrneips, Mr. Bevier, Mr. J. rotter, Mr. Bouck, ivir. i\. Jr otter, i?ir. v^arman, ivir. riocKeieiier. iur. L/iark, Mr. rvoss, Mr. Cleland, Mr. Kussell, Mr. Conkhn, Mr. Savage, Mr. JJenms, Mr. oayre, Mr. W. JJietz, Mr. J. bmitn, Mr. Jjoty, Mr. 31. omitn, Mr. Dunning 1 , Mr. Starbuck, Mr. Hackley, Mr. Strong, Mr. Hatfield, Mr. J. Thompson, Mr. Houghteling, Mr. Van Alen, Mr. Hyde, Mr. Van Home, Mr. Kiersted, Mr. Warner, Mr. E. W. King, Mr. Webb, Mr. Lester, Mr. E. Willfeftis, Mr. A. Miller, Mr. Young, Mr. Q. Miller, For the Negative* Mr. Blackstone, Mr. Knox, Mr. Bleecker, Mr. Manny, Mr. Bowker, Mr. M'Neil, Mr. Brayton, Mr. Mooney, Mr. Bronson, Mr. Morris, Mr. Coles, Mr. Mott, Mr. Crafts, Mr. Nash, Mr. J. Dietz, Mr. Satterlee, Mr. Duer, Mr. Speaker, Gitfferf, Mr. Va ( oflee«, CANAL LAWS, fcc, 115 Mr. Hammond, Mr. Van Ingen, 1814, Mr. Hull, Mr. Van Rensselaer, Mr. Jones, Mr. Wilcox, Mr. C. King, 27 In Senate, April 15, 1814. In the further proceeding on the said bill, the forty-third Repealing _ • j* « • ♦ i clause carriec enacting clause thereof was again read, and is m the words fol- lowing, to wit : And be it further enacted, That the third, fourth and fifth sec- . Certain sec- tions of the act, entitled " an act further to provide for the inter- ^ repealra nal navigation of this state," passed June 19th, 1812, be and the same are hereby repealed : Provided, That nothing herein con- Proriso. tained, shall be construed to affect or annul any acts of the said commissioners, done in pursuance of the said sections hereby rer pealed. That debates were had thereon, and the question having been put, whether the committee would agree to the said clause, it was carried in the affirmative. That the yeas arid nays being called for by Mr. Lewis, second- DivUioa, ed by Mr. Cochran, were as follows, to wit : For the Affirmative, Mr. Bloom Mr. Stranahan Mr. Dayton Mr. Swift Mr. Elmendorf Mr. Tabor Mr. Hubbard Mr. Van Buren Mr. Jones Mr. Verbryck Mr. Root Mr. Wilkin Mr. Rouge Mr. Yates Mr. Stewart 15 For the Negative. Mr. Atwater Mr. Radclifl' Mr. Bishop Mr. Smith Mr. Cochran Mr Townsend Mr. Lewis 7 Extract from the act of April 15, 1814.-— [Sess. 37. ch. 200, §43.] Ccrta n . fr XLIIl. And be it further enacted, That the third, fourth and repeal^ fifth sections of the act, entitled " an act further to provide for the 116 CANAL LAWS, he. 1816. internal navigation of this state," passed June I9,1812,be,and the ' same are hereby repealed : Provided, That nothing herein con- tained shall be construed to affect or annul any acts of the said commissioners, done in pursuance of the said sections hereby repealed. XL Extract from the Governor's speech, delivered at the opening of the session in 1816. Governor It will rest with the legislature, whether the prospect of con- Tompkinssub- . _ ~ . ™ , . ,\ „ . mits the subject necting the waters of the Hudson with those of the western lakes ^a"io™ &™ v * and of Champlain, is not sufficiently important to demand the appropriation of some part of the revenues of the state to its accomplishment, without imposing too great a burthen upon our constituents. The first route being an object common with the states^of the west, we may rely on their zealous co-operation in any judicious plan that can perfect the water communication in that direction. As it relates to the connecting the w aters of the Hudson with those of Lake Champlain, we may with equal con- fidence count on the spirited exertions of the patriotic and enter- prising state of Vermont. REPORT OF COMMISSIONERS. In Assembly, March 8, 1816. The report of the commissioners appointed in and by " an act for the improvement of the internal navigation of the state," was read, and is in the words following, to wit : To the honorable the Senate and Assembly of the State of New York, G T eatB a v! a ^ urin S tne * ate war was i m P rac ticable to carry on any fur- remporary ob- ther operations to forward the objects of their appointment, by pursuing the surveys and levels heretofore commenced, with a view to ascertain the most desirable route for the proposed canal from Lake Erie to the tide waters of the Hudson river. Refer- ring therefore to their former reports respecting the practicability CANAL LAWS, Lc. 117 Vif effecting this important object, they will briefly add, that their 181G. opinions have been confirmed by reflection and additional inqui- ries on the subject ; and particularly so far as respects the cost, they are satisfied that it will not exceed the calculation they have al- ready submitted. It now remains for the legislature to provide means Engineer re» to enable the commissioners to engage a competent professional engineer, to examine minutely the whole of the ground, and decide on the most expedient route. Experience in similar ope- rations in Europe has shown, that an error in regard to this, may cause the useless expenditure of vast sums of money. The surveys and levels which the commissioners have caused Surveys, lev- J els, &.C to be taken, will have anticipated what an engineer would direct as indispensably preparatory work, and will put information into his hands which will enable him at once to take such a view of the field of operation as to save much time and expense. These preparatory operations, your commissioners therefore consider as essential to economy, since they will, with but little time employed in traversing the ground, by the person to whom the work will be entrusted, enable him to fix on the precise route, on which the best judgment, with the best information, would finally determine, with less danger of error than if he were left to enter on his business an entire stranger to the facilities or difficulties which the country presents. To select a suitable pei- son, to perform this most important part of the work, will require the utmost caution and deliberation. The same causes which suspended the duties of the commis- An American dinners have been the principal obstacles to the selection and ferred^to P oae cmploymeat of a capable engineer. There are few persons of lrom Euit> P c * this description in Europe, and there is every inducement for preferring our own countrymen if the requisite scientific and practical knowledge can be found. From the number and respectability of the applications now before the legislature in favor of an immediate commencement and vigorous prosecution of this great national work, it is evident, that the immense advantages which would result from its comple- tion are duly appreciated by our fellow-citizens ; and it only remains for the legislature to sanction by their approval an undertaking which combines in one object, the honor, interest, and political eminence of the state. In a time of peace like the present, the commissioners have the IIS CANAL LAWS, &c. 1816. most undoubted assurance, that a loan, on the credit of the stau , . * v 4 can be obtained for a million of dollars, with which to commence A million loan . . , ~ . . r . . can be obtain- the work, and lor as much more thereafter as may be required, at a rate of interest at or under six per cent. Perhaps, however, better means may be devised, and they beg leave to remind the legislature, that the lands already offered to them by private individuals, near whose property the canal will pass, are very valuable, and that further similar donations may be reasonably expected. If it should be judged expedient to make that part of the canal first, which is best calculated to yield an immediate and most profitable return for the expense, the commissioners are Route from of opinion, that the route from Rome to the Seneca river will be ca to be first the most eligible ; and would, moreover, have the most immedi- reasons^ven! ate tendency to divert the trade from passing down the Oswego river to lake Ontario and Montreal : to permit which, would be improvidently to abandon to a foreign and rival nation, commer- cial advantages which ages may not enable us to reclaim. The difficulty of diverting the fixed currents of trade is obvious and well known, and the importance of the policy of directing that of the western section of the state to the Hudson is equally evi- dent ; and the commissioners conceive, that the present moment, while this section of the state is yet comparatively in its infancy, is most favorable for forming and establishing such connexions between the Lakes and our Atlantic waters, as will effectually disappoint the views of our rivals, and promote the honor and advantage of the state. Navigation While the commissioners cannot express, in terms sufficiently ch^pfainand em P nat * c ' their ideas of the incalculable benefits which will arise the Hudson, from a canal navigation between the great western lakes and the tide waters of the Hudson, they fully appreciate the advantages of connecting the waters of Champlain with th^jffudson. And they most respectfully represent to the legislature, the expedience of adopting such preliminary measures as may be necessary for the accomplishment of this important object. All which is respectfully submitted, S. VAN RENSSELAER, DE WITT CLINTON, SIMEON DE WITT, W. NORTH, THOMAS EDDY, P. B. PORTER, March, 1816. CHARLES D. COOPER. CANAL LAWS, toe. J 19 Ordered, That the same be committed to the joint committee 1810. of the Senate and Assembly, appointed on that part of the speech, of his Excellency the Governor, which relates to canals and roads. XII. PETITIONS PRESENTED IN RELATION TO THE ERIE CANAL, toe. In Assembly, February 21, 1816. The memorial of Cadwallader D. Colden and others, of 'Ncw-J^Jg York, in favor of and praying for provisions and proceedings by and others, of the legislature, relative to a canal navigation between the great York, western lakes and the tide waters of the Hudson river, was read -and referred to the joint committee of the Senate and Assembly on that part of the speech, of his Excellency the Governor, which relates to canals and roads. Ordered, That the usual number of copies of the said memo- rial, be printed for the use of the legislature. The petitions of sundry inhabitants of the towns of Buffalo, . From Bug* r J Mo, Seneca, Ue- Seneca, Geneva and Reading, in the Western District, praying nova and Rea- legislative aid and provisions in relation to a Grand Canal navi- ,ne * gation from Lake Erie to the tide waters of the Hudson, were read and referred to the joint committee of the Senate and As- sembly on that part of the speech, of his Excellency the Governor, relative to canals and roads. In Assembly, February 26, 181G. The petitions of sundry inhabitants of Junius, Geneva, Lyons, u / ro ™ Pn cva Caledonia and Genoa, praying for legislative provision for the Lyons, Caiedo- purpose of making a grand canal from Lake Erie to the Hudson, noa. were read and referred to the joint committee of the Senate and Assembly, appointed on that part of the speech, of his Excellency the Governor, which relates to canals and roads. In Assembly, February 28, 18 10. The memorial of John Lansing, jun. and others, of Albany, in v ?™ thc c '> r r ii/. otAlbon). lavour oi a grand canal from Lake Erie to Hudson river, was read and referred to the joint committee of thc Senate and Assem- 120 CANAL LAWS, fcc. 1816. bly on that part of the speech, of his Excellency the Governor, relative to canals and roads. In Assembly, February 20, 1816. of Albany and ne memorials of sundry inhabitants of the city of Albany and town of Lenox, the town of Lenox, in favor of a grand canal from Lake Erie to the waters of the Hudson, were read and referred to the joint com- mittee of the Senate and Assembly, on that part of the speech, of his Excellency the Governor, relative to canals and roads. In Assembly, March 1, 1816. From the cor- The petition of the mayor, aldermen and commonalty of the ^oration o . ^ New- York, in favor of the grand canal from Lake Erie to the waters of the Hudson, was read and referred to the joint'com- mittee of the Senate and Assembly, appointed on that part of the speech, of his Excellency the Governor, relating to canals and roads. In Assembly, March 9, 1816. From Oneida r -T W0 petitions of the inhabitants of Oneida county, on the sub- county. j ect f t ne proposed canal from Lake Erie to the waters of the Hudson, were read and referred to the joint committee of the Senr ate and Assembly, appointed on that part of the speech, of his Excellency the Governor, which'relates to canals and roads, In Assembly, March 11, 1816. From Ulysses. Two several memorials of the town of Ulysses, in the county of Seneca, and the county of Genesee, on the subject of the grand western canal, were read and referred to the joint committee of the Senate and Assembly, appointed on that part of the speech, of his Excellency the Governor, which relates to canals and roads. From the vil- lage (now city) of Troy% In Assembly, March 12, 1816. The memorial of the citizens of the village of Troy, in favor CANAL LAWS, &c. 12 1 of the grand canal, from Lake Erie to the tide waters of the Hudson, was read and referred to the joint committee of the Sen- ate and Assembly, appointed on that part of the speech, of hi^ Excellency the Governor, which relates to canals and roads. 181G. In Assembly, March 15, 1816. Sundry memorials of the inhabitants of Onondaga county, in i^^^ favor of the grand canal from Lake Erie to the tide waters of the Hudson, were read and referred to the joint committee of the Senate and Assembly, appointed on that part of the speech, of his Excellency the Governor, which relates to canals and roads. In Assembly, March 21, 1816. The memorial of the inhabitants of the town of Avon, in the From Avon, county of Ontario, on the subject of the grand canal, between Lake Erie and the tide waters of the Hudson, was read and re- ferred to the committee of the whole house, when on the bill, en- titled * c an act for improving the internal navigation of this state." In Assembly, March 22, 1816. The memorial of the town of Paris, in the county of Oneida, From Paris in on the subject of the grand canal, between Lake Erie and the tide ^" eida L0UI1 * waters of the Hudson, was read "and referred to a committee of the whole house, when on the bill relative to that subject. In Assembly, March 26, 1816. The memorial of sundry inhabitants of the town of Bloomfield Fiom iiloom- io the county of Ontario, relative to the grand canal from Lake Erie to the Hudson, was read and referred to a committee of the whole, when on the bill, entitled " an act/or improving the >nternal navigation of this state." In Assembly, March 30, 1816. The memorial of the citizens ofihe county of Chautauoiie, in Fl * m 122 CANAL LAWS, &c. 1816. favor of the contemplated canal, uniting the western waters with * sr — ; the tide waters of the Hudson river, was read and referred to a committee of the whole house, when on the bill, entitled, " an act for improving the internal navigation of this state. 11 From Hart ^ e P et ^^ on °f tne towns of Hartland and Ridgeway, in the land & Ridge- counties of Niagara and Genesee, in favor of the canal connect- ing the western waters with the tide waters of the Hudson, was> read and referred to a committee of the whole house, when on the bill, entitled " and act for improving the internal navigation of this state. 11 In Assembly, April 3, 1816. l rom { r 6 resomt i° ns °f tue inhabitants of the towns of Russia, Ger- sia, German- man-Flats, Newport and Schuyler, in the county of Herkimer, in SsdmyFen* town meetings assembled, on the subject of the grand canal be- tween Lake Erie and Hudson's river, were read and referred to the committee of the whole, when on the bill, entitled " an act to improve the internal navigation of this state. 11 MEMORIAL Of the citizens of New-York, in favor of a Canal Navigation between the great western Lakes and the tide-waters of the Hudson, presented to the Assembly February 21,1816, and or- dered to be printed. To the Legislature of the State of New- York. Memorial, &c. The memorial of the subscribers, in favor of a canal naviga- tion, between the great western lakes and the tide-waters of the Hudson, most respectfully represents : The impor- That they approach the legislature with a solicitude propor- obj Ce t°&c the *' onec * to tne importance of this great undertaking, and with a confidence founded on the enlightened public spirit of the con- stituted authorities. If, in presenting the various considerations which have induced them to make this appeal, they should oc- cupy more time than is usual on common occasions, they mus stand justified by the importance of the object. Connected a: it is with the essential interest of our country, and calculated ii its comrfrenrentent to rrtw honor on the state, and in its com CANAL LAWS, Sob. pletion, to exalt it to an elevation of unparalleled prosperity \ lfttfi your memorialists are fully persuaded, that centuries may pass v < — ' away before a subject is again presented so worthy of all your at- tention, and so deserving of all your patronage and support. The improvement of the means of intercourse between differ- ent parts of the same country, has always been considered the first duty and the most noble employment of government. If it be important that the inhabitants of the same country should be bound together by a community of interests, and a reciproca- tion of benefits ; that agriculture should find a sale for its pro- ductions ; manufactures a vent for their fabrics ; and commerce a market for its commodities ; it is your incumbent duty, to open, facilitate, and improve interna] navigation. The pre-eminent advantages of canals have been established by the unerring test of experience, Tbej unite cheapness, celerity, certainty and * . i • » i * . t • 111 Expense oi safety, in the transportation oi commodities. It is calculated transportation • . „ - on canals con- that the expense of transporting on a canal, amounts to one treated wUk cent a ton per mile, or one dollar a ton for one hundred miles ;^^ agei '^"j while the usual cost by land conveyance, is one dollar and sixty Jjjjyjjj cents per hundred weight, or thirty-two dollars a ton for the mer - same distance. The celerity and certainty of this mode of transportation are evident. A loaded boat can be towed by one or two horses, at the rate of thirty miles a day. Hence, the seller or buyer can calculate with sufficient precision on his sales or purchases, the period of their arrival, the amount of their avails, and the extent of their value. A vessel on a canal is in- dependent of winds, tides, and currents, and is not exposed to the delays attending conveyances by land: and with regard to safety, there can be no competition. The injuries to which com- modities are exposed when transported by land, and the dangers to which they are liable when conveyed by natural waters, are rarely experienced on canals. In the latter way, comparatively speaking, no waste is incurred, no risk is encountered, and no in- surance is required. Hence, it follows, that canals operate upon the general interests of society, in the same way that machines for saving labor do in manufactures ; they enable the farmer, the mechanic, and the merchant, to convey their commodities to market, and to receive a return, at least thirty times cheaper than by roads. As to all the purposes of beneficial communication, they diminish the distance between places, and therefore encour- 1 aeje the cultivation of the most extensive and remote parts of tho canal Laws, &. c . 1816. country. They create new sources of internal trade, and aug- ' v r — ' ment the old channels ; for, the cheaper the transportation, the more expanded will be its operation, and the greater the mass of the products of the country for sale, the greater will be the com- mercial exchange of returning merchandize, and the greater the encouragement to manufacturers, by the increased economy and comfort of living, together with the cheapness and abundance of raw materials ; and canals are consequently advantageous to towns and villages, by destroying the monopoly of the adjacent country, and advantageous to the whole country ; for though some rival commodities may be introduced into the old markets, yet many new markets will be opened by increasing population, enlarging old and erecting new towns, augmenting individual and aggregate wealth, and extending foreign commerce. Prosperity of The prosperity of ancient Egypt, and China, may in a great China and An- jgp.j.gp ^ e attributed to their inland navigation. With little fo- cient Egypt, of & • ° England and reign commerce, the former of those countries, by these means Holland owing t r i , . . principally to attained, and the latter possesses, a population and oppulence m Canals, &c. p r0 p 0r tion to their extent, unequalled in any other. And En- gland and Holland, the most commercial nations of modern times, deprived of their canals, would lose the most prolific sour- ces of their prosperity and greatness. Inland navigation is in fact to the same community what exterior navigation is to the great family of mankind. As the ocean connects the nations of the earth, by the ties of commerce, and the benefits of commu- nication, so do lakes, rivers, and canals operate upon the inhabi- tants of the same country : and it has been well observed, that " were we to make the supposition of two states, the one having all its cities, towns, and villages upon navigable rivers and canals, and having an easy communication with each other ; the other possessing the common conveyance of land carriage, and sup- posing both states to be equal as to soil, climate, and industry, commodities and manufactures in the former state, might be fur- nished thirty per cent, cheaper than in the latter : or in other words, the first state would be a third richer, and more affluent than the other." Inland naviga- The general arguments in favor of inland navigation, apply Considered! w * tn peculiar force to the United States, and most emphatically to this state. A geographical view of the country, will at once demonstrate the unexampled prosperity that will arise from our CANAL LAWS, fcc: 125 cultivating the advantages which nature has dispensed with so 1S16. liberal a hand. A great chain of mountains passes through the v^-v-W United States, and divides them into eastern and western Ameri- ca. In various places, rivers break through those mountains, and are finally discharged into the ocean. To the west, there is a collection of inland lakes exceeding in its aggregate extent, some of the most celebrated seas of the old world. Atlantic America, on account of the priority of its settlement, its vicinity to the ocean, and its favorable position for commerce, has many advantages. The western country, however, has a decided su- periority in the fertility of its soil, the benignity of its climate, and the extent of its territory. To connect these great sections by inland navigation, to unite our Mediterranean seas with the ocean, is evidently an object of the first importance to the gene- ral prosperity. Nature has effected this in some measure; the St. Lawrence emanates from the lakes, and discharges itself into the ocean in a foreign territory. Some of the streams which flow into the Mississippi, originate near rhe gj eat lakes, and pass around the chain of mountains. Some of the waters of this state which pass into Lake Ontario, approach the Mohawk ; but our Hudson has decided advantages. It affords a tide navigation for vessels of 80 tons to Albany and Troy, 160 miles above New-York, and this peculiarity distinguishes it from all the other bays and rivers in the United States, viz. The tide in no other ascends higher than the Granite Ridge, or within thirty miles of the Blue RHge, or eastern chain of mountains. In the Hudson, it breaks through the Blue Ridge, and ascends above the eastern termination of the Catskill, or great western chain; and there are no interposing mountains to prevent a communication between it and the great western lakes. The importance of the Hudson river to the old settled parts „ ' i • i . Importance ot of the state, may be observed in the immense wealth which is Hudson river, daily borne on its waters, in the flourishing villages and cities on & ° its banks, and in the opulence and prosperity of all the country connected with it, either remotely or immediately. It may also be readily conceived, if we only suppose that by some awful phy- sical calamity, some overwhelming convulsion of nature, this great river was exhausted of its waters : Where then would be the abundance of our markets, the prosperity of our farmers, the wealth of our merchants ? Our villages would become de- serted ; our flourishing cities would be converted into masses of CANAL LAWS, fcc. 1816. mouldering ruins, and this state would be precipitated into po- t v / verty and insignificance. If a river or natural canal, navigable about 170 miles, has been productive of such signal benefits, what blessings might not be expected, if it were extended 300 miles through the most fertile country in the universe, and united with the great seas of the west ! The contemplated canal would be this extension, and viewed in reference only to the productions and consumptions of this state, would perhaps convey more riches on its waters, than any other canal in the world. Con- nected with the Hudson, it might be considered as a navigable stream that extends 450 miles through a fertile country, embra- cing a great population, and abounding with all the productions of industry : If we were to suppose all the rivers and canals in England and Wales, combined into- one, and discharged into the ocean at a great city, after passing through the heart of that country, then we can form a distinct idea of the importance of the projected canal ; but it indeed comprehends within its influence a greater extent of territory, which will in time embrace a great- er population. If this work be so important, when we confine our views to this state alone, how unspeakably beneficial must it appear, when we extend our contemplations to the great lakes, and the country affiliated with them ! Waters extending two thousand miles from the beginning of the canal, and a country containing more territory than all Great Britain and Ireland, and at least as much as France. ivWOrkans While we do not pretend that all the trade of our western cur oniy^for- 1 world, will centre in any given place, (nor indeed would it be de- widable mals. s j raD ] e \{ j t were practicable, because we sincerely wish the pros- perity of all the states,) yet we contend that our natural advan- tages are so transcendant, that it is in our power to obtain the greater part, and put successful competition at defiance. As all the other communications are impeded by mountains ; the only formidable rivals of New-York, for this great prize, are New- Orleans and Montreal, the former relying on the Mississippi, and the latter on the St. Lawrence. Commence- ^ n considering this subject, we will suppose the commence- Canai &c the ment °^ tne cana ^ somewhere near the out-let of Lake Erie. The inducements for preferring one market to another, involve a variety of considerations; the principal are the cheapness and facility of transportation, and the goodness of the market. Tf n CANAL LAWS, fcft 127 tultivator or manufacturer can convey liis commodities with the 1 81G. same ease and expedition to New-York, and obtain a higher price v — v ' for them than at Montreal or New-Orleans, and at the same time supply himself at a cheaper rate with such articles as he may want in return, he will undoubtedly prefer New-York. It ought also to be distinctly understood, that a difference in price may be equalized by a difference in the expense of conveyance, and that the vicinity of the market is at all times a consideration of great importance. From Buffalo, at or near the supposed commencement of the Distance*, fcc. canal, it is 450 miles to the city of New York, and from that city to the ocean, 20 miles. From Buffalo to Montreal 350 miles ; from Montreal to the Chops of the St. Lawrence, 450. From Buffalo to New Orleans by the great Lakes, and the Illinois river, 2,250 miles; from New Orleans to the Gulf of Mexico 100. Hence, the distance from Buffalo to the ocean by the way of New York, is 470 miles ; by Montreal 800 ; and by New Or- leans 2,350. As the upper lakes have no important outlet but into lake Erie, j\- ew York we are warranted in saying, that all their trade must be auxiliary p h e tt ^ at de * to its trade, and that a favorable communication by water from Buffalo, will render New York the great depot and warehouse of the western world. In order, however, to obviate all objections that may be raised against the place of comparison, let us take three other positions, Chicago, near the southwest and of lake Michigan, and a creek of that name, which sometimes communicates with the Illinois, the nearest nver from the lakes to the Mississippi ; Detroit, on the river of that name, between lakes St. Clair and Erie ; and Pittsburgh, at the confluence of the Alleghany and Monongahela rivers, forming the head of the Ohio, and communicating with Le Beuf by water, which is distant fifteen miles from lake Erie. The distance from Chicago to the ocean by New York, is Distance from ° J 1 Chicago to tlif about 1,200 miles. To the mouth of the Mississippi, by New ocean 1,200 Orleans, near 1,600 miles, and to the mouth of the St. Lawrence, ' by Montreal, near 1,600 miles. The distance from Detroit to the ocean by New-York, is near FromDetro < 700 miles. From Detroit to the ocean by Montreal, is 1,050 ic. miles. From Detroit to the ocean, pursuing the nearest route by Cleveland, and down the Muskingum, 2,400 miles. The dis- tance from Pittsburgh to the ocean, bv Le Beuf, lake Buffalo. 128 CANAL LAWS, &c, 1816. and New -York, is 700 miles. The same to the ocean by Buffalo v — — v ' and Montreal, 1,050 miles. The same to the ocean by the Ohio and Mississippi, 2,150 miles. These different comparative views show that New York has, in every instance, a decided advantage over her great rivals. In other essential respects the scale preponderates equally in her favor. Supposing a perfect equality of advantages as to the navigation of the lakes, yet from Buffalo, as the point of depart- decided 01 ^ 6 ure > tnere * s no com P arison of benefits. From that place the ference. voyager to Montreal has to encounter the inconveniences of a portage at the cataract of Niagara, to load and unload at least three times, to brave the tempests of Lake Ontario and the rapids of the St. Lawrence. In like manner the voyager to New Orleans, has a portage between the Chicago and Illinois, an inconvenient navigation on the latter stream, besides the well known obstacles and hazards of the Mississippi. And until the invention of steam-boats, an ascending navigation was considered almost impracticable. This inconvenience is, however, still forcibly experienced on that river, as well as on the St. Lawrence between Montreal and lake Ontario. from lake Ene ^ e nav ig at * on ^ rom ^ a ^ e Erie to Albany, can be completed to Albany, &c. in ten days with perfect safety on the canal ; and from Albany to New York, there is the best sloop navigation in the world. From Buffalo to Albany, a ton of commodities could be con- veyed on the intended canal, for three dollars, and from Albany to New York, according to the present prices of sloop trans- portation, for $2 80, and the return cargoes would be the same. We have not sufficient data upon which to predicate very accurate estimates with regard to Montreal and New Orleans ; but we have no hesitation in saying, that the descending convey- ance to the former, would be four times the expense, and to the latter, at least ten times, and that the cost of the ascending transportation would be greatly enhanced. Transporta- j t nas | 3een stated by several of the most respectable citizens of tion Irom New ^ \ York to San- Ohio, that the present expense of transportation by water from the city of New York to Sandusky, including the carrying places, is $4 50 per hundred, and allowing it to cost two dollars per hundred for transportation to Clinton, the geographical centre of the state, the whole expense would be $6 50, which is only fifty cents more than the transportation from Philadelphia to dusky. CANAL LAWS, &c. River St. rrence is Pittsburgh, and at least $2 50 less than the transportation by 1S1G. land and water from these places, and that, in their opinion, New York is the natural emporium of that trade, and that the whole commercial intercourse of the western country north of the Ohio, will be secured to her by the contemplated canal. In addition to this, it may be stated, that the St. Lawrence is L ™ generally locked up by ice seven months in the year, durm g[heyeSc\ 5 oa which time produce lies a dead weight on the hands of the owner ; up by ice, fte. that the navigation from New York to the ocean, is at all times easy, and seldom obstructed by ice, and that the passage from the Balize to New Orleans is tedious ; that perhaps one out of five of the western boatmen who descend the Mississippi, become victims to disease ; and that many important articles of western production are injured or destroyed by the climate. New York is, therefore, placed in a happy medium between the insalubrious heat of the Mississippi, and the severe cold of the St. Lawrence. She has also pre-eminent advantages, as to the goodness and ex- tensiveness of her market. All the productions of the soil, and the fabrics of art, can command an adequate price, and foreign commodities can generally be procured at a lower rate. The trade of the Mississippi is already in the hands of her merchants, and although accidental and transient causes may have concur- red to give Montreal an ascendency in some points, yet the supe- riority of New York is founded in nature, and if improved by the wisdom of government, must always soar above competition. Granting, however, that the rivals of New York will command Contemplated a considerable portion of the western trade, yet it must be obvi- canal. 1 rcm ous, from these united considerations, that she will engross more than sufficient to render her the greatest commercial city in the world. The whole line of canal will exhibit boats loaded with flour, pork, beef, pot and pearl ashes, flaxseed, wheat, barley, corn, hemp, wool, flax, iron, lead, copper, salt, gypsum, coal, tar, fur, peltry, ginseng, bees-wax, cheese, butter, lard, staves, lumber, and the other valuable productions of our country ; and also, with merchandise from all parts of the world. Great man- ufacturing establishments will spring up ; agriculture will estab- lish its granaries, and commerce its warehouses in all directions. Villages, towns, and cities, will line the banks of the canal, and the shores of the Hudson from Erie to New York. ' The wil- derness and the solitary place will become glad, and the desert will rejoice and blossom as the rose.' 17 Canal laws, &c. 1816. While it is universally admitted that there ought to be a water communication between the great lakes and the tide waters of the Hudson, a contrariety of opinion (greatly to be deplored, as tending to injure the whole, undertaking) has arisen with respect to the route that ought to be adopted. It is contended on the one side, that the canal should commence in the vicinity of the outlet of lake Erie, and be carried in the most eligible direction across the country to the head waters of the Mohawk river at Rome : from whence it should be continued along the valley of the Mohawk to the Hudson. It is, on the other side, insisted, that it should be cut around the cataract of Niagara ; that lake Ontario should be navigated to the mouth of the Oswego river ; that the navigation of that river, and Wood creek, should be improved and pursued until the -junction of the latter with the Mohawk at Rome. As to the expediency of a canal from Rome to the Hudson, there is no discrepance of opinion : the route from Rome to the great Lakes constitutes the subject of controversy. If both plans were presented to the legislature, as worthy of patronage, and if the advocates of the route by lake Ontario did not insist that their schemes should be exclusive, and of course, that its adoption should prove fatal to the other project, this question would not exhibit so serious an aspect. If two roads are made, that which is most accommodating will be preferred ; but if only one is established, whether convenient or inconve- nient to individuals, beneficial or detrimental to the public, it must necessarily be used. We are so fully persuaded of the su- periority of the Erie canal, that although we should greatly re- gret so useless an expenditure of public money as making a canal , round the cataract of Niagara, yet we should not apprehend any I danger from the competition of Montreal, if the former were es- j tablished. An invincible argument in favor of the Erie canal, is, that it: would diffuse the blessings of internal navigation over the most fertile and populous parts of the state, and supply the whole com- munity with salt, gypsum, and in all probability coal. Whereas the Ontario route would accommodate but an inconsiderable part of our territory, and instead of being a great highway, leading directly to the object, it would be a circuitous by-road, inconve- nient in all essential respects. TJie mo#t serious objection against the Ontario route, is, tha* j I l AlVAL LAWS. fcc. 5t will inevitably enrich the territory of a foreign power, at the 181G. expense of the United States. If a canal is cut around the falls of v v ' Niagara, and no countervailing nor counteracting system is adopted in relation to lake Eric, the commerce of the west is lost to us for ever. When a vessel once descends into Ontario, she will pursue the course ordained by Nature. The British government are fully aware of this, and are now taking the most active measures to facilitate the passage down the St. Lawrence. It is not be concealed, that a great portion of the productions Trade to of our western country are now transported to Montreal, even Wllrea1 ' with all the inconveniences attending the navigation down the Seneca and Oswego rivers ; but if this route is improved in the way proposed, and the other not opened, the consequences will be most prejudicial. A barrel of Hour is now transported from Cayuga lake to Montreal for $1 and it cannot be convey- ed to Albany for less than $2^ u \. This simple fact speaks a valume of admonitory instruction. But taking it for granted, that the Ontario route will bring the commerce of the west to New-York, yet the other ought to be preferred, on account of the superior facilities it affords. In the first place, it is nearer. The distance from Buffalo to Leading facts Rome, is less than 200 miles in the course of the intended canal : & c t0 l5tance9 ' .by lake Ontario and Oswego, it is 232. 2. A loaded boat could pass from Buffalo to Rome by the Erie route, in less than seven days, and with entire safety. By the Ontario route, it will be perfectly uncertain, and not a little hazardous. A fter leaving Niagara river, it would have to pass an inland sea to the extent of 127 miles, as boisterous and as dan- gerous as the Atlantic. And besides a navigation of at least twenty miles over another lake, it would have to ascend two dif- ficult streams for 55 miles ; no calculation could then be made, either on the certainty or safety of this complicated and inconve- nient navigation. 3. When a lake vessel would arrive at Buffalo, she would have to unload her cargo, and when this cargo arrived at Albany by the Erie canal, it would be shifted on board of a river sloop, in order to be transported to New-York. From the time of the first loading on the great lakes, to the last unloading at the storehouses in New- York, there would be three loadings and three unloadings on this route. 132 CANAL LAWS, &c. 1816. But when a lake vessel arrived with a view of passing the canal of Sl "" 1 ; v J Niagara, she would be obliged to shift her lading for that purpose, for it would be almost impracticable to use lake vessels on the Niagara river, on account of the difficulty of the ascending navi- gation. At Lewistown, or some other place on the Niagara, another change of the cargo on board of a lake vessel for Onta- rio would be necessary : at Oswego another, and at Albany another ; so that on this route, there would be five loadings and five unloadings, before the commodities were stored in New-York. This difference is an object of great consequence, and presents the most powerful objections against the Ontario route ; for to the delay we must add the accumulated expense of these changes of the cargo, the storage, the waste and damage, especially by theft (where the chances of depredation are increased by the mer- chandise passing through a multitude of hands) and the addition- al lake vessels, boats and men that will be required, thereby in- creasing in this respect alone, the cost two thirds above that at- tending the other course. And in general it may be observed, that the difference between a single and double freight forms an immense saving. Goods are brought from Europe for twenty cents per cubic foot ; whereas the price from Philadelphia to Baltimore, is equal to ten cents. This shews how far articles once embarked, are conveyed with a very small addition of freight, and if such is the difference between a single and a double freight, how much greater must it be in the case under conside- ration ! Fall from If the fall from lake Erie to lake Ontario be 450 feet, as stated lake Ontario^ 11 secretary Gallatin's report on canals, it will require at least 450 feet. 45 l oc k s f or a navigation around the cataract. Whether it would be practicable to accommodate all the vessels which the popula- lation and opulence of future times will create in those waters, with a passage through so many locks accumulated within a short distance, is a question well worthy of serious consideration. At all events, the demurrage must be frequent, vexatious, and ex- pensive. When we consider the immense expense which would attend the canal proposed on the Niagara river ; a canal requiring so many locks, and passing through such difficult ground ; when we view the Oswego river from its outlet at Oswego to its origin in Oneida lake, encumbered with dangerous rapids and falls, and flowing through a country almost impervious to canal opera* ( ANAL LAWS, fcc. 1 lions ; and when we contemplate the numerous embarrassments 181b" which are combined with the improvement of Wood Creek, we are prepared to believe that the expense of this route will not greatly fall short of the other. It is however alleged, that it is not practicable to make this canal ; and that if practicable, the expense will be enormous, and w ill far transcend the faculties of the state. Lake Erie is elevated 541 feet above the tide waters at Troy. Lake Erie The only higher ground between it and the Hudson is but a few f^tid!!^ ters miles from the lake : and this difficulty can be easily surmount- at Ttov - edby deep cutting ; of course no tunnel will be required. The rivers which cross the line of the canal, can be easily passed by aqueducts ; on every summit level, plenty of water can be ob- tained ; whenever there is a great rise or descent, locks can be erected, and the whole line will not require more than sixty-two ; perhaps there is not an equal extent of country in the world, which presents fewer obstacles to the establishment of a canal. The liberality of Nature has created the great ducts and arte- ries, and the ingenuity of art can easily provide the connecting veins. The general physiognomy of the country is champaign, and exhibits abundance water : a gentle rising from the Hudson lo the lake ; a soil well adapted for such operations : no impas- sible hills, and no insurmountable waters. As to distance, it is Jiot to be considered in relation to practicability. If a canal can be made for fifty miles, it can be made for three hundred, pro- vided there is no essential variance in the face of the country ; the only difference will be that in the latter case, it will take more time, and consume more money. But this opinion does not rest for its support upon mere specu- lation. Canals have been successfully cut through more embar- E xperiencc as rassing ground, in various parts of the Linked States; and even J," ^'u'^^ '* in part of the intended route from Schenectady to Rome, locks have been erected at the Little Falls, and at other places ; and short canals have been made, and all these operations have taken place in the most difficult parts of the whole course of the con- templated Erie navigation. Mr. William Weston, one of the Mr Wri( most celebrated civil engineers in Europe, who has superintended quoted, canals in this state and Pennsylvania, and who is perfectly well acquainted with the country, has thus expressed his opinion on the subject: " Should your noble but stupendous plan of uni- 134 CANAL LAWS, he. 1816. ting Lake Erie with the Hudson, be carried into effect, yem * v ' have to fear no rivalry. The commerce of the immense extent of country, bordering on the upper lakes, is yours for ever, and to such an incalculable amount as would baffle all conjecture to conceive. Its execution would confer immortal honor on the projectors and supporters, and would in its eventual consequen- ces, render New-York the greatest commercial emporium in the world, with perhaps the exception, at some distant day of New- Orleans, or some other depot at the mouth of the majestic Mis- sissippi. From your perspicuous topographical description and neat plan and profile of the route of the contemplated canal, I entertain little doubt of the practicability of the measure." With regard to the expense of this work, different estimates $5 ooIhwo* w ^ ^e f° rme d- The commissioners appointed for that purpose, were of opinion that it would not cost more than five millions of dollars. On this subject we must be guided by the light which experience affords in analogous cases. Expense of the The canal of Languedoc, or canal of the two seas in France, Languedoc connec t s the Mediterranean and the Atlantic, and is ISO miles in Canal. 7 length : it has 114 locks and sluices, and a tunnel 720 feet long. The breadth of the canal is 144 feet, and its depth six feet : it was begun in 1666, and finished in 16S1, and cost £540,000 sterling, or £3,000 sterling a mile. Of the Hoi- The Holstien canal, begun in 1777, and finished in 1785, ex- et«m Canal. tend§ fifty miles . j § jqq fe et w j de at fa top? an( j 54 at the bottom, and not less than ten feet deep in any part. Ships drawing nine feet four inches of water, pass through it from the German ocean, in the vicinity of Tonningen, into the Baltic. From two to three thousand ships have passed in one year. The expense of the whole work was a little more than a million and a half of dollars, which would be at the rate of 30,000 dol- lars a mile for this ship navigation. The extreme length of the canal from the Forth to the Clyde, ?/om\he Forth * n Scotland, is 35 miles. It rises and falls 160 feet by means of to the Clyde. 39 locks, Vessels pass drawing eight feet water, having 19 feet beam, and 73 feet length. The cost is calculated at £200,000 sterling, which is at the rate of about 23,000 dollars a mile. But this was a canal for ships drawing eight feet of water, with an extraordinary rise for its length, and having more than one lock for everv mile. CANAL LAWS, fcc* 135 The following will give an idea of the money expended on 1S16. such works in England : — Cost. Miles. The Rochdale Canal, £291,900 m Ellesmere, 400,000 57 Kennet and Avon, 420,000 78 Grand Junction, 500,000 90 Leeds and Liverpool, S00,000 129 Of Canals In England. The miles of canal are 385j, and the cost is £2,411,900 ster- ling, or about 28,000 dollars per mile. But in the estimation of the cost of these canals, unquestiona- lil v the price of the land over which they pass is included, and this is enormous. The land alone for one canal of 16 miles, is said to have cost £90,000 sterling. With us this would be but small. If we look at the history of the English canals, we shall see na ^ nsli ' h °* how many objects of great expense are connected with them, with which we should have nothing to do, and that most of them have encountered and surmounted obstacles which we should not meet with. For instance, the Grand Junction canal passes more than once the great ridge which divides the waters of England ; ours will pass over a country which in comparison is champaign. But it is said that the price of labor in our country is so much above what it is in England, that we must add greatly to the cost of her canals in estimating the expense of ours. But that is certainly a false conclusion, for not only must the price of the land and the adventitious objects which have been before referred to, be deducted from the cost of the foreign canals, but we must consider that there will be almost as great a difference in our favor in the cost of the materials and brute labor, as there is in favor of England as to human labor, and it is well known that so much human labor is not now required on canals as formerly. Ma- chines for facilitating excavation have been^invented and used with great success. Mr. Gallatin's report on canals contains several estimates of Cvuh ur ■ , „ ... Massachuiettr. the cost ol contemplated ones, r rom Weymouth to Taunton, in Massachusetts, the expense of a canal of 26 miles, with a lockage of 260 feet, is set down at 1,250,000 dollars. From Brunswick to Trenton, 2S miles, with a lockage of 100 feet, *» NewJ**Bi 800,000 dollars. From Christiana to Elk. 22 miles with a lork- 138 CANAL LAWS, kc< 1816. age of 148 feet, 750,000 dollars. From Elizabeth river to ' Pasquotank, 22 miles, with a lockage of 40 feet, 250,000 dollars. tianrTo"Eik* T h ese estimates thus vary from 48,000 to less than 12,000 ^bethn n vefto do,lars a irnle > an( * fariiisib the medium of about 31,000 dollars a Pasquotank. m \] Gt But it must be observed that they are for small distances, are calculated to surmount particular obstacles, and contemplate an extraordinary number of locks, and that they do not there- fore furnish proper data from which to form correct conclusions, with respect to the probable cost of an extensive canal, sometimes running over a great number of miles upon a level without any expense for lockage, or any other expense than the mere earth- work. Mr. Weston, before mentioned, estimated the expense of a canal from the tide waters at Troy to lake Ontario, a distance of 160 miles, (exclusive of lake Oneida,) going around theCohoes, and embracing 55 locks of eight feet lift each, at 2,200,000 dollars, a little more than 13,000 dollars a mile. Fortunately, however, we have more accurate information than mere estimates. Mr. Gilpin's I n the appendix to Mr. Gallatin's report, it is stated by Mr. statement. r ' J Joshua Gilpin, that " by actual measurement, and the sums paid on the feeder, it was found that one mile on the Delaware and Chesapeake canal, the most difficult of all others, from its being nearly altogether formed through hard rocky ground, cost 13,000 dollars, and one other mile perfectly level, and without particular impediments, cost 2,300 dollars ; from hence, the general average would be reduced to 7,650 dollars per mile." Middlesex ca- The Middlesex canal, in Massachusetts, runs over twenty-eight miles of ground, presenting obstacles much greater than can be expected on the route we purpose. This canal cost 478,000 dollars, which is about 17,000 dollars a mile. It contains 22 locks of solid masonry and excellent workmanship, and to ac- complish this work, it was necessary to dig in some places to the depth of 20 feet, to cut through ledges of rocks, to fill soms vallies and morasses, and to throw several aqueducts across the intervening rivers One of these across the river Shawshine is 2S0 feet long, and 22 feet above the river. CANAL LAWS, &c. From the Tonewanta creek, to the Seneca river, is a fall of 195 feet Dirterent lall*, From thence to the Rome summit, is a rise cl 50 &c. From thence to the Hudson river, is a fall of 380 The whole rise and fall, 625 feet. This will require 62 locks of ten feet lift each. The expense of such locks as experimentally proved in several instances in this state would be about 620,000 dollars. We have seen that on the Middlesex canal, there are 22 locks for 28 miles, which is a lock for somewhat less than every mile, whereas, 62 locks for 300 miles is but about one lock for every five miles; and the lockage of the Middlesex canal, would alone cost 220,000 dollars. It would, therefore, appear to be an al- lowance perhaps too liberal, to consider the cost of it as a fair criterion of the expense of canals in general in this country, and of this in particular. Reservoirs and tunnels, are the most ex- pensive part of the operation, and none will be necessary in our whole route. The expense of the whole earth work of excava- ting a mile of canal on level ground fifty feet wide and five feci deep, at 18 cents per cubit yard, and allowing for the cost of forming and trimming the banks, puddling, &c. will not exceed 4000 dollars per mile, and the only considerable aqueduct on the whole line, will be over the Genesee river. From a deliberate consideration of these different estimates Estimate 20- and actual expenditures, we are fully persuaded that this great mnL° ar3per work will not cost more than 20,000 dollars a mile, or six mil- lions of dollars in the whole; but willing to make every possible allowance, and even conceding that it will cost double that sum, yet still we contend that there is nothing which ought to retard its execution. The canal cannot be made in a short time. It will be the work perhaps of 10 or 15 years. The money will not be wanted at once. The expenditure, in order to be beneficial ought not to exceed 500,000 dollars a year, and the work may be accomplished in two ways ; either by companies, incorporated for particular sections of the route, or by the state. If the first is resorted to, pecuniary sacrifices will still be necessary on the part of the public, and great care ought to be taken to guard against the High tolls, which will certainly injure, if not ruin the whole enterprise. If the state shall see fit to achieve this creat work, there can Vuadt t0 w W atkiMI CANAL LAWS, fcc> 1816. be no difficulty in providing funds. Stock can be created and ^ v ' sold at an advanced price. The ways and means of paying the interest will be only required. After the first year, supposing an annual expenditure of 500,000 dollars, thirty thousand dol- lars must be raised to pay on interest of six per cent ; after the second year 60,000, and so on. At this rate of interest they will regularly increase with beneficial appropriation, and will be so little in amount that it may be raised in many shapes without being burdensome to the community. In all human probability, the augmented revenue proceeding from the public salt works, and the increased price of the state lands, in consequence of this undertaking, will more than extinguish the interest of the debt contracted for that purpose. We should also take into view, the land already subscribed by individuals for this work, amounting to 106,632 acres. These donations, together with those which may be confidently anticipated, will exceed in value a million of dollars, and it will be at all times in the power of the state to raise a revenue from the imposition of transit duties, which may be so light as scarcely to be felt, and yet the income may be so great as in a short time to extinguish the debt, and this might take effect on the completion of every important section of the work. Objections jf the legislature shall consider this important project in the against any de- . r . ,, . ... . . layincommen- same point of view, and shall unite with us in opinion, that the cingthiAwor • g enera j p r0S p er ity is intimately and essentially involved in its prosecution, we are fully persuaded that now is the proper time for its commencement. Delays are the refuge of weak minds, and to procrastinate on this occasion is to show a culpable inat- tention to the bounties of Nature ; a total insensibility to the blessings of Providence, and an inexcusable neglect of the in- terests of society. If it were intended to advance the views of individuals, or to foment the divisions of party ; if it promoted the interests of a few, at the expense of the prosperity of many ; if its benefits were limited as to place, or fugitive as to duration, then indeed it might be received with cold indifference, or treated with stern neglect ; but the overflowing blessing from this great fountain of public good and national abundance, will be as ex- tensive as our country, and as durable as time. The considerations which now demand an immediate, and an undivided attention to this e^reat object* are so obvious, so vari* (ANAL LAWS, &c ulis, and so weighty, that we shall only attempt to glance at 1S1G. some of the most prominent. s v — In the first place, it must be evident, that no period could be 1st answer, adopted in which the work can be prosecuted with less expense. Every day augments the value of the land through which the ca- nal will pass ; and when we consider the surplus hands which have been recently dismissed from the army into the walks of private industry, and the facility with which an addition can be procured to the mass of our active labour, in consequence of the convul- sions of Europe, it must be obvious that this is now the time to make those indispensable acquisitions. 2. The longer this work is delayed, the greater will be the 2d. difficulty in surmounting the interests that will rise up in opposi- tion to it. Expedients on a contracted scale have already been adopted for the facilitation of intercourse. Turnpikes, locks, and short canals, have been resorted to, and in consequence of those establishments, villages have been laid out, and towns have been contemplated. To prevent injurious speculation, to avert vio- lent opposition, and to exhibit dignified impartiality and pater- nal affection to your fellow-citizens, it is proper that they should be notified at once of your intentions. 3. The experience of the late war has impressed every think- 3(i ing man in the community, with the importance of this commu- nication. The exposes of transportation frequently exceeded the original value of the article, and at all times operated with inju- rious pressure upon the finances of the nation. The money thus lost for the want of this communication, would have perhaps de- frayed more than one half of its expense. 4. Events which are daily occurring on our frontiers, demon- 4lli strate the necessity of this work. Is it of importance that our honourable merchants should not be robbed of their legitimate 'profits ; that the public revenues should not be seriously im- paired by dishonest smuggl'ner, and that the commerce of our cities shoe Id not be supplanted by the mercantile establishments of foreign countries? then it is essential that this sovereign remedy for maladies so destructive and ruinous, should be ap- plied. It is with inconceivable regret we record the well known fact, that merchandise from Montreal has been sold to an alarm- ing extent on nnr borders, for 15 percent, below the New-York prices CANAL LAWS, to. 1816. 6, A measure of this kind will have a benign tendency in Raising the value of the national domains, in expediting the sale, and enabling the payment. Our national debt may thus, in a short time, be extinguished. Our taxes of course will be dimin- isbed, and a Considerable portion of revenue may then be expend- ed in great public improvements ; in encouraging the arts and sciences ; in patronising the operations of industry ; in fostering the inventions of genius, and in diffusing the blessings of know- ledge. 6th. 6. However serious the fears which have been entertained of a dismemberment of the Union by collisions between the north and the south, it is to be apprehended that the most imminent danger lies in another direction, and that a line of separation may- be eventually drawn between the atlantic and the western states, unless they are cemented by a common, an ever acting and a pow- erful interest. The commerce of the ocean, and the trade of the lakes, passing through one channel, supplying the wants, in- creasing the wealth, and reciprocating the benefits of each great section of the empire, will form an imperishable cement of con- nexion, and an indissoluble bond of union. New-York is both atlantic and western, and the only state in which this union of in- terest can be formed and perpetuated, and in which this great centripetal power can be energetically applied. Standing on this exalted eminence, with power to prevent a train of the most extensive and afflicting calamities that ever visited the world, (for such a train will inevitably follow a dissolution of the Union,) she will justly be considered an enemy to the human race, if she does not exert for this purpose the high faculties which the Almighty has put into her hands. 7ih Lastly. It may be confidently asserted, that this canal, as to the extent of its route, as to the countries which it connects, and as to the consequences which it will produce, is without a paral- lel in the history of mankind. The union of the Baltic and Eux- ine ; of the Red Sea and the Mediterranean ; of the Euxine and the Caspian ; and of the Mediterranean and the Atlantic, has been projected or executed by the chiefs of powerful monarchies, and the splendor of the design has always attracted the admira- tion of the world. It remains for a free state to create a new era in history, and to erect a work more stupendous, more magnifi- cent, and more beneficial, than has hitherto been achieved by the human race. Character is as important to nations as to individ*- CANAL LAWS, to 141 uals, and the glory of a republic, founded on the promotion of 1810. the general good, is the common property of all its citizens. n^^^ We have thus discharged with frankness and plainness, and with every sentiment of respect, a great duty to ourselves, to our fellow-citizens, and to posterity, in presenting this subject to the fathers of the commonwealth. And may that Almighty Being, in whose hands are the destinies of states and nations, enlighten your councils and invigorate your exertions in favour of the best interests of our beloved country. XIII. Progress of the bill in 18 10, afterwards passed, during that session, into a law — Sess. 39. eh. 237. page 295. In Assembly, March 21, 181G. Mr. Van Rensselaer, from the joint committee of the senate Mr v an Rens- and assembly, appointed on that part of the speech, of his excel- se,aer ' 3 re P orf " lency the governor, relative to canals and roads, reported, That the committee have taken into consideration the nume- rous petitions and memorials from the cities and counties, villa- ges and towns in this state, which evince on the part of the peti- tioners and memorialists (amounting to several thousands in num- ber) great anxiety, that the improvement of the internal naviga- tion of the state should engage the early attention of the legisla- ture, and that vigorous measures should be adopted, for its early completion. The committee have investigated the subject with patience, 0piuion in f(V care and attention; and have examined the plans and surveys yor ° f the Erie of the route, from the Hudson river to lake Erie, which were made under the direction of the commissioners heretofore ap- pointed for that purpose ; they have had the benefit of explana- tions, from gentlemen of professional skill and ability, who per- formed the surveys ; from all which, they do not hesitate to ex- press a decided opinion, not only that the navigation, by mean< of canals and locks, can be improved and completed, between the Hudson and lake Erie ; but that the expense will be so moderate* as that funds can be provided without imposing severe or unrea- sonable burthens on the community. The beneficiol results to Hi C ANAL LAWS, g* 1816. arise from the completion of this navigation can scarcely be cal- '^^v^* culated by the most sanguine of its advocates. A country, ca- pable of sustaining as dense a population as any section of the globe, embracing many millions of acres, will pour its produc- tions and its wealth into the heart of our commercial emporium ; diffusing blessings of every description to every part of this great and important state ; connecting the interests of this, and the states in the north-western section of the union, so intimately, as to promise permanency and stability to that system of government established by us, and on which all must rely for the political prosperity and happiness of the United States. A.nd that from ^he committee view the improvement of the navigation be- lake Cham- tween the tide waters of the Hudson and lake Champlain, as an plain to the r Hudson. object of great public importance : and although they have not been able to collect any information, on which they can rely with perfect confidence, as to the amount of expense to be incurred, yet they are persuaded, that the improvement is entirely practica- ble, and ought to claim the early attention of the government or its agents. The means now at the disposal of the legislature, and which the committee propose to appropriate for these objects, are suffi- cient to commence, and successfully prosecute for several years, those important improvements ; and they entertain a full and perfect conviction, that the wisdom and patriotism of future legislatures, will foster and cherish the undertaking, and furnish such addi- tional sources of revenue, as may be sufficient to complete the said Revenue en- wor ^ s : These sources of revenue, as the benefits to result from the navigation Gradually unfold themselves, will be found, in the opinion of the committee, in the increased value of the real estate Within the great commercial cities, the towns and villages, and generally 7 that part of the country in the vicinity of which the said canals shall pass. The proportions in which each section o the country ought to contribute, to the completion of the objects committed to the consideration of the committee, must depend on various considerations, which cannot at this period be so dis- tinctly perceived as to enable the committee to do equal justice to each part ; but which, they persuade themselves, will in time be disclosed so fully to the commissioners to be appointed to su- perintend and complete the work, as to pnable, on their recom- CANAL LAWS, b 14o mendation, future legislatures to raise the requisite additional 1316. funds on principles of strict justice and impartiality. v v The revenue proposed now to be appropriated, consists of du- an j U ( t J h ^' jjj ties on salt to be manufactured within the western district of this ies,Ac. state ; a tax of two mills on the dollar on bank stock, in lieu of having the same assessed as the personal property of individuals ; a certain sum out of the proceeds of auction duties within ih\> state ; a moderate tax on official seals, and those issuing from the courts of record within this state; a tax on steam-boat passen- gers, to be levied with the consent of the proprietors ; the pro- ceeds to arise from the sale of certain tracts oi land in the wes- tern parts of this state ; certain sums to be raised by lotteries, and the proceeds of moderate and reasonable tolls as the work progresses ; all which to be pledged and appropriated for the final redemption and extinguishment of the principal and interest of money to be borrowed on the credit thereof. The committee regret that they have not been able to procure he reports heretofore prepared by the surveyors, and returned by them to the commissioners heretofore appointed ; as they are informed, they would have afforded the committee and the legis- lature, better means of forming a correct opinion of this impor- tant subject, than those presented : they, however, beg leave to dresent statements made by gentlemen thus employed, which sufficiently support those made to, and opinions formed by the committee, from which it is rendered probable, that the expense of completing the said navigation for nearly two thirds of the Estimateofex * . , 9 p°nse in parf. whole distance from the Hudson to lake Erie, will not exceed two and a half millions of dollars ; rendering it highly probable, that as no greater obstructions exist in any other part of the route, respecting which no estimates have been furnished, than those for which a distinct view is presented ; the whole expense will not, for completing the whole navigation on both routes, exceed Jstmmted^at" six millions of dollars. They have prepared a bill, which they^ 0,000 doV * have directed their chairman to ask leave to present. 144 CANAL LAWS, fcc* 1816. * — -v- — ' STATEMENTS REFERRED TO IN THE ABOVE RE- PORT. James Geddes' Statement. Sir, statement of 8 In obedience to your request, the following general view of view S of n °thc tne coun * r y> fr° m Lake Erie to the Cayuga marshes, is attempted. country. Black Rock Rapid. Rapid, RoCK It will be very necessary, at some future day, by a side cut and lock, to make the Black Rock Rapid passable by lake ves- sels, because the harbor below Bird-Island is neither good nor sufficiently spacious to contain the vessels that will in time be- long to the upper lakes. From the lower end of this proposed sloop canal, the boat canal ought to be continued, still keeping the level of Lake Erie, to Tonewanta creek, where a dam of the height of five feet, thrown across the same, shall raise the surface of said creek to the said Lake Erie level. This being done, Tonewanta creek would be made a level and wide canal for eleven miles up it. Opposite this place the valley of eighteen mile creek approaches the valley of Tonewanta, so that a cut of 5 miles and 30 chains (course nearly north) will let the canal pass through into the valley of Lake Ontario. This five miles will have to be cut in the deepest place twenty-two feet,'from the sur- face to the top water line of the canal. About 3i miles of the surface is, on an average, 20 feet higher than the level of Lake Erie. There is great reason to hope that this deep cutting will all be through clay, except a short distance at the north end ; because all the country on both sides of the Niagara river is a body of clay, in which the small streams have scooped out deep beds below the level of the surface of the river. To make the 1 1 miles from the mouth of the Tonewanta upwards, a co mplete canal, the flood waters of said creek can be turned down the Oak Orchard creek at a small expense. From Tonewanta deep cutting eastward, it will be necessary immediately at the north end of this deep cutting to lock dowr (55 feet) as low as the level proposed to cross the Genesee river The northern termination of the great lime ledge here has its up per surface 21 feet above the proposed top water line of the ca CANAL LAWS, &c 145 na), and by locking down 55 feet, the canal is thrown 70 feet 1810. below the level of the brow of the stony ledge, at the foot of v — — which it may pursue its course free from this stony stratum. In passing the next branch of the 18 mile creek there will be near a mile of steep-lying ground. At the most eastern branch of the the 18 mile creek will be some more difficulty of the same kind. Oak Orchard creek must be passed on an aqueduct bridge, near 30 feet high, and 2 chains long.* Here are fine red free stone for building. At Sandy creek no examinations were made as no difficulty w as apprehended. Geneste River. At the place where it is proposed to cross the Genesee river, Gene9eo rirer. the surface of the stream is 10 feet below the level of the lower end of the still water, which place is 3 miles higher up the river ; and it is proposed to raise a dam of 10 feet high, which will ex- tend the still, which begins at Willi am sburgh, down to, and con- nect it with the canal. The canal entering the river is objec- tionable ; but the river never rises higher than about 4 feet at this place, and the flats on each side will admit of the dam being made to act as a waste-wier of full 25 chains, long, so that the rise of the water would perhaps never amount to 2 feet. A small guard lock on each side of the river would be necessary. A very little deep cutting will now be sufficient to carry the canal eastward, in a very direct course, for 3 miles, where 4G feet must be locked down. A level is now to be pursued, and the nexi difficulty is the Irondequot Embankment. To pass the Irondequot valley, a high aqueduct bridge and Irondequc* embankment is necessary. The whole length of the top of the einbankraen£ * worn, w ill exceed a quarter of a mile, and the surface of the wa- ter in the canal be near 70 feet above the water in the stream be- low. The distance over the water 2 chains and 70 links, on each side of which the ground soon rises up to within 40 feet of the height of the canal. The irmvjrempu* ot" (his is in o book a». Nrw-York, and mav not be correctly st?'ed hen 19 CANAL LAWS, &c 1816. v — y f Boyle Summit. Route j»ummit. Near the east side of the town of Perrinton, once Boyle, is the summit between the waters of the Irondequot and Mud creek. This summit is a swamp, extending nearly east and west for more than 6 miles ; and it is very little lower at the east end where the stream enters Mud creek, than in the middle, where the water runs both ways. At Mud creek (if the stream should prove in- sufficient) lockage water may, with little expense, be brought from above the Manchester factory out of the Canandaigua outlet. Mud Creek Valley^ Has been examined down to the village of Lyons, where Ca- nandaigua outlet enters it, and lias been found very favorable; great part of the distance capable of being excavated with the minimum depth of cutting. From Lyons to the Cayuga marsh- es has not been examined, as no difficulties were admitted by any one to exist. It is said that the flats on this stream are in some places three miles wide, and may perhaps admit of the ca- nal being led so far south of the block-house as to be very straight. BENJAMIN WRIGHT'S STATEMENT, Mr. Wright's * n g* vm g a general view of the difficulties and obstacles, and statement. ^ estimate of the expense of making the canal, on that part of the route examined by myself, I must premise that accuracy in the estimates cannot be expected. A general description of the country, will no doubt enable every person to form his own es- timate. From Cayuga From Cayuga outlet (or Seneca river) to Rome, the face of outlet to Rome. fa e country has a general declivity northerly, and admits of such levels to be pursued as shall unite economy with advantages The mean depth of excavation will be five feet, or the depth of the canal ; and any variation from this depth, will be done to shorten the length of the canal. Oaei, or $ '467,250 Lockage for 40 feet, the diriej ?nce between the level of Rome and Cayuga, at 1000 dollars per foot, 40,000 Deep cutting for half a mile, equal to an average of eight feet, which is done to shorten the length of the canal two miles, 4,000 Aqueducts over streams, and embankments, which can- not be estimated correctly, but which I will say (and it will be a liberal estimation) 200,000 Bridges for roads, and to connect farms, I will put down at 50,00© Excavating canal at Rome, say 4.000 From Rome eastward to the Little Falls, very little il any more than the mean depth of excavation would 148 CANAL LAWS, &c , 1816. be required ; — distance 39 miles, at the price of 5,250 — v— J dollars per mile, 204,750 For aqueducts, embankments, &c. 100,000 Bridges, &c. 25,000 Lockage from Rome to the Little Falls, 59 feet, at , $1,000 per foot, 59,000 Blowing rocks, embankment, and whole work about Little Falls, I estimate at 100,000 From Little Falls eastward is generally good, but will require some embankment and aqueduct, over sever- al considerable streams, which fall into the Mohawk river between that point and Schoharie creek, dis- tance 29 miles, at 7.000 dollars per mile for excava- tion, owing to some rather bluff points of land mak- ing down to the edge of the water, 203,000 Lockage, 40 feet, to level of Schoharie creek, at 1000 dollars per foot, 40,000 Aqueducts, embankments, &ic. 120,000 Bridges, he. 15,000 $1,632,000 From Sche- Thus far I am confident the above estimation will exceed the Hud e son r rfver!° ex P en diture necessary to make a perfect work. It is difficult to proceed with any accuracy in estimating the probable expense on the route from the Schoharie creek to the Hudson river. — This is the most difficult and expensive part of the route, and re- quires much examination and comparative estimates of the differ- ent plans which can be suggested, and to endeavor to unite econo- my with usefulness, as much as possible. Estimate, &c. If I am not misinformed, Mr. Weston, a very able engineer, made an estimate of locking from half a mile above the Cohoes to the Hudson river, at 252,000 dollars. This is probably a more expensive part than the average ; and if we say that a canal can be made from Schoharie creek to Hudson river, a distance of 40 miles, for the sum of $1,368,000, this will make the round sum of 2,000,000 Add for contingencies and superintendents, &c. &c. one fourth 500,000 #2,500,000 CANAL LAWS, &c. 149 Bill brought in. Ordered, That leave be given to bring in >uch a bill. 1816. Mr. Van Rensselaer, according to leave, brought in the said >ill, entitled " an act for improving the internal navigation of this state" which was read the first time, and by unanimous consent, was also read a second time and committed to a committee of the whole house. Ordered, That the usual number of copies of the said report, Copies printed, ill and certain amendments accompanying the same, be printed or the use of the legislature. In Assembly, March 29, 1816. Mr. Van Rensselaer made a motion that the house should „ Mr : Y M Rensselaer's ree that the unfinished business of yesterday be laid upon the motion negati ible for the purpose of resolving itself into a committee of the V€t ' hole on the bill, entitled " an act for improving the internal na- vigation of this state." Debates were had upon the said motion of Mr. Van Rensse- aer, and the question having been put, whether the committee uld agree thereto, it passed in the negative. The ayes and noes were called for by Mr. Van Rensselaer, se- Divisioa. onded by Mr. Powers, and were as follows, to wit. For the Negative. Mr. A. Adams, Mr. M'Chestney, Mr. Barstow, Mr. M'Fadden, Mr. Beach, Mr. Miles, Mr. J. Brown. Mr. A. Miller, Mr. Carman, Mr. G. Miller, Mr. Chapin, Mr. Millimen, Mr. Child, Mr. Mores, Mr. Christir. Mr. Osborn, Mr. Cole, Mr. Palmer, Mr. Coursen. Mr. Parks, Mr. Cramer. Mr. Porter, Mr. Doty, Mr. Reid, Mr. Fellows, Mr. Russell, Mr. Fryer, Mr. Sanford, Mr. Ganson. Mr. Sprague, 150 c anal laws, he. Mr. Stebbins, Mr. Stevenson, Mr. Strong, Mr. B. F. Thompson, Mr. Van Slyck, Mr. Webster, Mr. Westbrook, Mr. Weston, Mr. J. Whiting, Mr. M. Whiting, Mr. Williams, Mr. Wilson. 55 For the Affirmative. Mr. T. Adams, Mr. Isaacs, Mr. Ballard, Mr. Jay, Mr. Barney, Mr. Lawyer, Mr. Bayley, Mr. H. B. Lee, Mr. Blauvelt, Mr. M'Combs, Mr. Bouck, Mr. Morrison, Mr. Brasher, Mr. Oakley, Mr. Brayton, Mr. Ostrander, Mr. 0. Brown, Mr. Powers. Mr. T. Brown, Mr. Rawson, Mr. Burt, Mr. Re Qua, Mr. Campbell, Mr. Roggen, Mr. Carll, Mr. Rose, Mr. Curtiss, Mr. Sanger, Mr. Dill, Mr. B. Smith, Mr. Duer, Mr. I. Smith, Mr. Ford, Mr. Jesse Smith, Mr. Freligh, Mr. Joseph Smith, Mr. G. Hall, Mr. W. Thompson, Mr. Hamilton, , Mr. Vanderpoel, Mr. Hill, Mr. Van Rensselaer, Mr. Hoffman, Mr. Van Wyck, Mr. Hopkins, Mr. Warner. 1816. Mr. Gere, ^ j\j r> Green, Mr. Gregory, Mr. Halsey, Mr. Harris, Mr. Holley, Mr. Jones, Mr. Kelsey, Mr. Knickerbacker, Mr. Laight, Mr. Leavenworth, Mr. T. Lee, Mr. Livingston, CANAL LAWS, & 151 In Assembly, April o, 1814. 1^16- v v ' The house then resolved itself into a committee of the whole, Proceeding* on on the bill, entitled " an act for improving the internal naviga- tion of this state ," and after some time spent thereon, Mr. Speak- er resumed the chair, and Mr. Duer, from the said committee, reported, that in proceeding on the said bill, and after the same had been read through in the committee, the first enacting clause thereof having been amended, was again read, in the words fol- lowing, to wit : [For a Synopsis of the bill, as it passed the Assembly, see postea.] That Mr. Van Home made a motion, that the committee Mr Va n should agree to strike out of the said clause the words following, Home's motjou ° °' negatived. to wit : " And they may, if they should deem it advisable, as soon as : may be convenient, purchase from the president and directors of the Western Inland Navigation Company, all their right, title, interest, property, claim and demand of, in and to the locks, D canals and other real estate, together with all and singular the rights, privileges and immunities to them belonging, or attach- ed to the said canal, for any sum not exceeding one hundred and forty thousand dollars ; and as soon as they obtain possession thereof, they shall take the charge and management of the said canals, locks, lands and other property so purchased, as part of the inland navigation of this state; and may impose such rates of toll, payable at the several locks, on all boats and property passing through them, whether those acquired by such purchase, or hereafter to be erected, or either of them, as they may think proper, subject, however, to the control of the legislature as to amount, and to apply the said tolls to the improvement of the said navigation." # That debates were had upon the said motion, and the question having been put whether the committee would agree thereto, it passed in the negative. That the ayes and noes were called for by Mr. Van Home, DWoA. econded by Mr. Isaacs, and w ere as follows, to wit : 152 CANAL LAWS, fcc. 1816. For the Negative. ^ , / Mr. T. Adams, Mr. Leavenworth, Mr. Ballard, Mr. H. B. L e, 3\Ir. Barney, Mr. Livingston, Mr. Bayley, Mr. M'Chestney. Mr. Beach, Mr. M'Combs, Mr. Blauvelt, Mr. M'Fadden, IMr. Bouck, Mr. Metcalf, Mr. Bray ton, Mr. Milliman, Mr. O. Brown, Mr. Mooers, Mr. Campbell, Mr. Morris, Mr. Chapin, Mr. Morrison, Mr. Child, Mr. Osborn, IMr. Cramer, Mr. Ostrander. Mr. Crippin, Mr. Palmer, Mr. Dewey, Mr. Parks, Mr. Ford, Mr. Porter, Mr. Freligh, Mr. Powers, Mr. Fryer, IMr. Rawson, Mr. Ganson, Mr. Reid, Mr. Gere, Mr. Roggen, Mr. Green, Mr. Rose, Mr. Gregory, Mr. Russell, Mr. G. Hall, IMr. Sanger, Mr. N. Hall, IMr. Schoolcraft, Mr. Halsew Mr. B. Smith, Mr. Harris, Mr. I. Smith, Mr. Hayes, Mr. Jesse Smith, Mr. Hill, Mr. Joseph Smith, Mr. Hilton, Mr. Speaker, T»/r tt re Mr. Hoffman, Mr. Sprague, Mr. Holley, llf cy . Mr. Stevenson, Mr. Hopkins, Mr. Strong, Mr. Jackson, Mr. Taylor, Mr. Jay, Mr. W. Thompson, Mr. Jones, Mr. Van Rensselaer, Mr. Judd, Mr. Van Wyck, Mr. Kelsey, Mr. Warner, Mr- Kissam, Mr. Webster, Mr. Knickerbocker, Mr, William?, CANAL LAWS, fcc, 15 3 1S1G. S3. Mr. Laight, Mr. Wilson, Mr. Larzelere, Mr. Wynkoop, Mr. Lawyer, For the Affirmative. Mr. J. Brown, Mr. Fellows, Mr. Burt, Mr. Isaacs, Mr. Carll, Mr. Requa, Mr. Carman, Mr. Sanford, Mr. Christie, Mr. Stebbins, Mr. Cole, Mr. Van Home. Mr. Coursen. Mr. Van Slyck, Mr. Doty, Mr. M. Whiting, 10. Mr. Duer further reported progress and asked for and obtain* d leave to sit again. In Assembly, April 5, 1S1G. The house then resolved itself into a committee of the whole. Proceeding* ■ on the bill. n the bill, entitled " an act for improving the internal navigation f this state" and after some time spent thereon, Mr. Speaker esumed the chair, and Mr. Bouck, from the said committee, re- torted, that in further proceeding on the said bill, the first enact- Dg clause thereof w as again read, in the words following, to wit : [Here followed the section — see Synopsis, postea.~\ That Mr. Duer then made a motion, that the committee should 2[Swm55S igree to strike out of the said clause the words following, to wit : " And may commence the construction and formation thereof, t such times and in such places as they deem most beneficial to he state." That debates were had upon the said motion, and the question aving been put whether the committee would agree thereto, it assed in the negative. That the ayes and noes were called for by Mr. Duer, seconded DM** ' y Mr. Van Wyck, and were as follows, to wit : For the Xcgative, Sir. A. Adams, Mr. Laight. Mr. T. Adams, Mr. Larzelere, Mr. Ballard, Mr. Leavenworth. Mr. Barney, Mr, T. Lee, 20 CANAL LAWS, fcc, Mr. Bayley, Mr. M'Chestney, Mr. Beach, Mr. M'CombSy Mr. Bray ton, Mr. G. Miller, Mr. J. Brown, Mr. Mooers, Mr. O. Brown, Mr. Morris, Mr. Campbell, Mr. Morrison, Mr. Christie, Mr. Osborn, Mr. Cramer, Mr. Ostrander, Mr. Crippen, Mr. Palmer, Mr. Dewey, Mr. Parks, Mr. Dill, Mr. Roggen, Mr, Ford, Mr. Rose, Mr. Freeligh, Mr. Russell, Mr. Fryer, Mr. Sanger, Mr. Ganson, Mr. Schoolcraft,, Mr. Gere, Mr. Joseph Smith T Mr. Green, Mr. Sprague, Mr. Gregory, Mr. Strong, . Mr. G. Hall, Mr. Taylor, Mr. N. Hall, Mr. Van Home, Mr. Halsey. Mr. Van Rensselaer, Mr. Harris, Mr. Warner, Mr. Hayes, Mr. Webster, Mr. Holley. Mr. Westbrook, Mr. Hopkins, Mr. Weston, Mr. Jackson, Mr. J. Wniting, Mr. Jay ? Mr. Williams, Mr. Judd, Mr. Wilson, Mr. Kelsey, Mr. Wynkoop, Mr. Knickerb acker, For the Jlffir marine . Mr. Barstow, Mr. MillimaiV Mr. T. Brown, Mr. Munroe, Mr. Burt, Mr. Oakley, Mr. Carll, Mr. Porter. Mr. Carman, Mr. Powers, Mr. Coursen, Mr. Rawson, Mr. Curtiss, Mr. Reid, im> Doty, Mr. Reqiu. CANAL LAWS, fcc. Mr. Duer, Mr. Sanford, 1310 Mr. Fellows, Mr. I. Smith, ^ C" Mr. Hamilton, Mr. Jesse Smith, Mr. Hoffman, Mr. Speaker, Mr. Isaacs, Mr. Stebbins, Mr. Jones, Mr. Stevenson, Mr. Kimball, Mr. B. F. Thompson. Mr. Kissam, Mr. Vanderpoel, Mr. Lawyer, Mr. Van Slyck, Mr. H. B. Lee, Mr. Van Wyck, Mr. Livingston, Mr. M. Whiting, Mr. Metcalf, Air. Woodward. 41. Mr. Miles, Mr. Bouck further reported progress and asked for and ob- tained leave to sit again. In Assembly, April 10, 181G. The house then resolved itself into a committee of the whole, Proceedings on the bill, entitled " an act for improving the internal navigation™ the bllU of this stated and after some time spent thereon, Mr. Speaker re- sumed the chair, and Mr. Ostrander from the said committee, re- ported, that in further proceeding on the said bill, the first enact- ing clause thereof was again read, in the words following, to wit : [Here followed the section — see Synopsis, postea.~] That thereupon, Mr. Duer made a motion to strike out, after Mr. Duer'* the word " Assembly" all the remainder of the said clause, and troduced and to receive in lieu thereof, and as a substitute for the whole of the De 5 atived - said bill, the words following, to wit : That be and they are hereby appointed commissioners to consider, de- vise and adopt such measures as may or shall be requisite to fa- cilitate and effect the communication, by means of canals and ; locks, between the navigable waters of the Hudson river, and Lake Erie, and the said navigable waters and Lake Champlain : \nd in case of the resignation or death of any of the said com- [i missioners, the vacancy thereby occasioned shall be supplied by f he person administering the government of this state. II. And be it further enacted. That the said commissioners • -tinll choose one of their number to be president of their boan' 1S§ CANAL LAWS, kc. 1816. and shall appoint a fit person for their secretary, who shall be — v— ' allowed and paid such salary as the said commissioners shall deem proper and reasonable ; and the president of the said board of commissioners shall have power to call a meeting of the same, whenever, in his opinion, the public interests require it ; and the said board may adjourn from time to time, to meet at any time and place they may deem most conducive to the public good : And further, The said commissioners shall have power to employ such and so many agents, engineers, surveyors, draftsmen, and other persons as in their opinion may be necessary to enable them to fulfil and discharge the duties imposed upon them by this act ; and to allow and pay to the said agents, engineers, surveyors, draftsmen and other persons, for their respective ser- vices, such sum or sums as ma}' be adequate and reasonable. III. And be it further enacted. That it shall be the duty of the said commissioners, as soon as may be after the passing of this act, to cause those parts of the territory of this state which may be upon or contiguous to the probable courses and ranges of the said canals, to be explored and examined for the purpose of fixing and determining the most eligible and proper routes for the same, and to cause all necessary surveys and levels to be taken, and accurate maps, field-books and drafts thereof to be made, and further to adopt and recommend proper plans for the construc- tion and formation of the said canals, and of the locks, dams, em- bankments, tunnels and aqueducts which may be necessary for the completion of the same, and to cause all necessary plans, i drafts and models thereof to be executed under their direction. IV. And be it further enacted, That the said commissioners, 1 or a majority of them, shall be and the} 7 are hereby authorised i and required to make application in behalf of this state, to the government of the United States, and of such states and territo- 1 ries as may be benefited by the said canals, or either of them; to the proprietors of lands through or near which the said canals or either of them may, or may be proposed, to pass ; to all bodies • politic and corporate public or private ; and all citizens or inhabi- tants of this or any other of the United States, for cessions, grant or donations of land or money, for the purpose of aiding in the construction or completing of both or either of the saigj canals, ac- cording to the discretion of the several grantors or donors, and to take to the people of this state, such grants and conveyances as ( ANAL LAWS, &c. may be proper and competent to vest a good and sufficient title 1816. in the said people to the lands so to be ceded or granted as afore- v v ■aid ; and, for the purposes above mentioned, it shall be the duty of the said commissioners to open books of subscription in such and so many places as they may think necessary and expedient, and under such rules and regulations as they may from time to time establish : And furtitcr, It shall be their duty to ascertain whether to any, and to what amount, and upon what terms, loans of money may or can be procured, on the credit of this state, for the purposes aforesaid. V. And be it further enacted, That it shall be the duty of the said commissioners, to make, or cause to be made, with as much accuracy and minuteness as may be, calculations and estimates of the sum or sums of money which may or will be necessary for completing each of the said canals, according to the plan or plans which may be adopted and recommended by them, for the con- struction or formation of the same, and to cause the said calcula- tions and estimates, and all surveys, maps, field-books, plans, drafts and models, authorised and directed by this act. or so many ! thereof as may be completed, together with a plain and compre- ( hensive report of all their proceedings under or by virtue of this act, to be presented to the legislature of this state, within twenty days after the commencement of the next regular annual session thereof. VI. And be it further enacted, That the act, entitled " an act to provide for the improvement of the internal navigation of this state, passed the 8th day of April, 1S11, be and the same is here- by repealed. VII. And be it further enacted, That in order to carry this act into full and complete effect, the said commissioners be and they are hereby authorised to borrow, on the credit of this state, any sum or sums of money, not exceeding in the whole the sum of I dollars, at a rate of interest, not exceeding per centum per ( annum, for which transferable certificates of stock shall be issu- i ed by the comptroller ; and for the repayment of each and every such sum or sums of money so to be received by loan as aforesaid, and for the regular discharge of interest thereupon, provision shall be hereafter made by law ; and it shall be the duty of the said commissioners to account with the comptroller for all monies ! received under or by virtue of this act. CANAL LAWS, &c. That debates were had thereon, and the question having been put whether the committee would agree thereto, it passed in the negative. That the ayes and noes having been called for by Mr. Van Rensselaer, seconded by Mr. Oakley, were as follows, to wit : For the Negative. Mr. T. Adams, Mr. T. Lee, cc jodriieVj cc Lynch, Bayley, ft 1V1 Unestne}', it Beach, cc ivi oomDs, (t Brayton, cc ivi r auucii, O. Brown, If (jr. Miller, Cnapin, Mooers, L/hila, cc Morris, CC Christie, cc J.Y1UI 1 lbUU, f ( Cramer, it Osborn, a Curtiss, u T-*«i 1 mm* X tUIIl t 1 . Dill, (( Rose, cc Ford, ( ( Sanger, Freligh, cc Schoolcraft, Fryer, cc "R <5m;tV. (janson, a Jesse Smith, cc Gere, cc tlUscpil Oulllll, CC Gregory, cc Sprague, K G. Hall, cc Strong, CC N. Hall, cc Taylor, CC Hilton, cc W. Thompson, a Holley, cc Vanderpoel, CI Hopkins, cc Van Rensselaer, « Jay, cc Warner, cc Judd, cc Webster, cc Kelsey, cc Weston, cc Knickerbacker, u J. Whiting, cc Laight, cc Whittemore, cc Larzelere, cc Wilson, cc Leavenwdrtb, cc W\ nkoop, 60 CANAL LAWS, kc For the Affirmative. 1816. Jr. A. Adams, Mr. H. B. Lee, cc Ballard, " Metcalf, M Barstow, " Miles, ci Blauvelt, " A. Miller, H Bouck, *• Milliman. ii Brasher, ki Oakley, ic T. Brown, Christie, Osborn, ?> Cramer, \ Ostrander, ?» Curtiss, " Palmer, J» Ford, * Rose, ?i Freligh, " Sanger, }> Ganson, 99 Schoolcraft, M Gere, " B. Smith, n Gregory, " Joseph Smith, ?? G. Hall, " Sprague, !» N. Hall, " Strong, )> Harris, " Taylor, S> Hilton, 99 Van Rensselaer, J> Hopkins, " Warner, J> Jay, " Webster, J) Kelsey, " Weston, »5 Knickerbacker, " J. Whiting, 5» Laight, " Williams, •5> Leavenworth, 99 Wilson, 5» T. Lee, 99 Wynkoop, 1816. Mr. Bouck further reported progress 52 and asked for and ob- tained leave to sit again. In Assembly, April 13, 1816. Proceedings The house then resolved itself into a committee of the whole, ° Q on the substitute to the bill, entitled " an act for improving the in- ternal navigation of this state" and after sometime spent thereon, Mr. Speaker resumed the chair, and Mr. Bouck, from the said com- mittee, reported, that in further proceeding on the same, the first enacting clause of the said substitute was again read, in tlie words following, to wit: [Substitute already given, at page 155.] That Mr. Lynch thereupon made a motion that the committee should agree that the number of commissioners with which the said clause in the said blank should be filled, should be thirteen. CANAL LAWS, &c. 1816. That debates were had tliereon, and the question having been ^— ' put whether the committee would agree to the said motion, it was carried in the affirmative. Division. That the yeas and noes were called for by Mr. Van Rensselaer. seconded by Mr. Oakley, and were as follows, to wit : For the Affirmative, Mr. Barney, Mr. iVliles, x>eacn, u Mooers, ' U. ttrown, (( Uakley, " T. Brown, Osborn, lt Child, n Ostrander, " Christie, ralmer, " Crrppen, « Porter, " Curtiss, a Powers, '*> Freligh, a Reed, " Cyan son, 1 1 Russell, " G. Hall, a I. Smith, « N. Hall, tt Jesse Smith, ; Harris, a Joseph Smith. " Hayes, u Speaker, M Holley, tt Sprague, " Hopkins, it Stevenson, " Isaacs, ci Taylor, " Jay, ti W. Thompson, " Kelsey, a Van Rensselaer, u Knickerbacker, it Webster, " Laight, a Weston, " T* Lee, it J. Whiting, " Lynch, it M. Whiting, " M'Chestney, For the Negative. Mr. A. Adams, Mr. Kimball, " Blauvelt, Lawyer, " J. Brown, H. B. Lee. Burt, ii M'Fadden, " Carll, u Metcalf, " Carman, tt A. Miller. ( AWL LAWS, toe. 16a Mr. Chapin, Mr. Milliman, i< Cole, cc Morrison. Goursen, cc Munroe, « Cramer, ii Parks, CI Dewey. it Rawson, Dill, Kequa, Doty, Roggen, a Gere, ii Sanford, u Hamilton, ii Stebbins, u Hill, it Strong, CI Hoffman, ii Van Slyck, Jackson, ii Van Wyck, cc Judd, a Williams, Mr. Bouck further reported progress, and asked for and ob tained leave to sit again. In Assembly, April 13, 1816. The house then resolved itself into a committee of the whole, „ 7 Procp.OQingt on the substitute to the bill, entitled " an act for improving the on the bill. internal navigation of this state," and after some time spent there- on, Mr. Speaker resumed the chair, and Mr. Powers, from the said committee, reported, that in further proceeding on the said bill, Mr. Oakley made a motion that the committee should agree Mr. Oakley's to add to the said bill a clause, which was read, and is in t h e motioacarne(k words following, to wit : XIV. And be it further enacted, That it shall be the duty of the said commissioners to raise the sum of two hundred and fifty thousand dollars, to be appropriated towards the making and completing of said canals, from the village of Rome to the Sen- eca river, and from the navigable waters of the Hudson to Lake Champlain, by causing to be assessed and levied, in such man- ner as the said commissioners may determine and direct, the said sum of two h ldred and fifty thousand dollars, upon the lands and real estate, lying along the route of the said canals, and with- in twenty-five miles of the same on each side thereof ; which sum so to be assessed and levied, shall be assessed on the said land- and real estate adjacent to the said several canals, in such pro- portion for each the said commissioners shall determine And 166 CANAL LAWS, fee. 1816. the said commissioners shall have power to make such rules and s^v-^/ regulations, aud adopt such measures for the assessing, levying and collecting of the said sum or sums of money, either by sale of the said lands or otherwise, as they shall deem meet ; and the said assessment shall be made on said lands according to the ben- efit which they shall be considered as deriving from the making of the said canals respectively. Provided however. That if any company or individual shall be subject to such tax, who shall subscribe any money or other property towards the completion of the said canals and locks, the amount of such a donation or vol- untary subscription shall, if the same is less than the amount of the tax, have the amount of such subscription deducted from his tax ; if more, he shall be entirely discharged from the said tax. That debates were had thereon, and the question having been put, whether the committee would agree thereto, it passed in the affirmative. Division. That the ayes and noes having been called for by Mr. Burt seconded by Mr. Beach, were as follows, to wit : For the Affirmative. Mr. A. Adams, Mr. Leavenworth. Mr. Barney, Mr. H. B. Lee, Mr. Barstow, Mr. M'Combs, Mr. Blauvelt, Mr. Metcalf, Mr. Bouck, Mr. A. Miller. Mr. Brasher. Mr. Mooers, Mr. T. Brown. Mr. Munro, Mr. Burt, Mr. Oakley. Mr. CarU, Mr. Reid, Mr. Carman. Mr. Requa, Mr. Cole, Mr. Roggen. Mr. Dewey, Mr. Rose, Mr. Dill, Mr. Sanford, Mr. Doty, Mr. Schoolcraft, Mr. Duer, Mr. I. Smith, Mr. Fryer, Mr. Speaker, Mr. Gregory, Mr. Stebbins, Mr. Hamilton. Mr. Stevenson, Mr. Hayes. Mr. Strong, Mr. Hill, Mr.jVan Home, Mr. Hilton, Mr. Van Rensselaer. Mr. Hoffman. Mr. Van Slyrk. CANAL LAWS, fcc. 167 Mr. Isaacs, Mr. Van Wyck, Mr. Jones, Mr. Westbrook. Mr. Kissam. iMr. J. Whiting, Mr. Lawyer, >i i. iU. Wnitinii. For the Negative, Mr. T. Adams, Mr. Knickerhackei . Mr. Ballard, Mr. Laighl, Mr. Bay ley, Mr. Larzelerc, Mr. Beach, Mr. T. Lee, Mr. Brayton, Mr. Lynch, Mr. J. Brown, Mr. M'Chestney, Mr. O.Brown, Mr. M'Fadden, Mr. Chapin, Mr. G. Miller, Mr. Christie, Mr. Milliman, Mr. Cramer, Mr. Morris, Mr. Curtiss, Mr. Morrison Mr. Freligh, Mr. Osborn Mr. Ganson, Mr. OstranJer. Mr. Gere, Mr. Palmer, Mr. Green, Mr. Parks, Mr. G. Hall, Mr. B. Smith. Mr. N. Hall, Mr. Taylor, Mr. Halsey, Mr. W. Thompson. Mr. Harris. Mr. Webster, Mr. Jackson, Mr. Weston. Mr. Jay, Mr. Williams, Mr Kelscy, Mr. Wilson. Mr. Powers further roported, that after the committee had gone through the said bill, and made sundry amendments there- to, filled up the blanks, altered the title to " an act to provide for the improvement of the internal navigation of this state " the whole bill was read, in the words following, to wit : [Synopsis of the bill — The 1st section appoints De Witt Svnop o Clinton, Stephen Van Rensselaer, Townsend M'Coun, Melanc- ton Wheeler, Henry Seymour, Joseph Ellicott, Jacob R. Van Rensselaer, Philip I. Schuyler, Samuel Young, Jolm Nicholas, W r illiam Bayard, George Huntington and Nathan Smith, as com- missioners " to consider, devise and adopt such measures as may '* or shall be requisite to facilitate and effect the communication " by means of canals and locks, betwppn the navigable waters I 168 CANAL LAWS, fee. 1816. « of the Hudson river and Lake Erie, and the said navigable v— ' <« waters and Lake Champlain." The 2d section gives the com- missioners power to chose a President and Secretary, and to em- ploy Engineers, &c. — The 3d section directs the route to be explored and examined, surveys, levels, maps, and field books to be taken, &c. — The 4th section authorises applications to be made to the governments of the United States, of the states and territories, to proprietors of land, corporations and private citi- zens, for cessions, grants and donations of land or money, to aid the project. Also, subscriptions were to be opened for the like purpose, and the commissioners were directed to ascertain whe- ther loans of money could be procured, and on what terms. — The 5th section directs estimates of the expense for construct- ing the canals to be made, and reported to the legislature. — The Oth section repeals the act of April 8, 1811. — The 7th section directs the commissioners to commence and complete the ca- nal between the village of Rome and the Seneca river, and also between Hudson river and Lake Champlain, before commencing the construction of any other parts of the canals, and to accom- plish these two duties, authority is given to enter and take land by appraisement, &c. — The 8th section gives the commissioners authority to borrow on the credit of this state, 2,000,000 dollars, in the whole at 6 per centum per annum, redeemable at the pleasure of the state. — The 9th section limits the expenditures in any one year, to 250,000 dollars. — The 10th section pledges the duties on salt, the rents of the village lots in Salina, and 100,000 dollars per year from the auction duties, as a fund for the payment of principal and interest of the money to be bor- rowed under the 8th section, and it imposes a duty of ten cents per bushel on all salt manufactured at the Onondaga salt works, and a duty of seven cents per bushel on salt manufactured in any other part of the western district. — The 11th section pro- vides that the money to be borrowed shall be paid into the state treasury, subject to the drafts of the commissioners, to an amount of not exceeding 250,000 dollars a year. — The 12th section de- clares that a majority of the commissioners shall constitute a quorum. — The 13th section limits the duration of this act to 8 years. — The 14th section provides that the lands of individuals lying within 25 miles of either side of the canal from Rome to Seneca river, and from the Hudson to Lake Champlain. shall be messed to the amount of 250,000 dollars, &c. but if any per- tANAL LAWS, fcc. 169 son subscribes to the canal, so much shall be deducted from his 1816. tax, &c] v v ' That the question having been put, whether the committee would agree to the whole bill, it was carried in the affirmative. rr»L 1 i iii/»iTtrir¥T Division on tiiC lhat the ayes and noes were called for by Mr. Van Home, whole bill, seconded by Mr. Child, and were as follows, to wit : For the Jlffirmaiive. \1 r. A. Adam*;, Mr. Lynch, CI T. Adams, a M'Chestney, u Barney, a M'Combs, « Bayley a M'Fadden, a Beach, a Metcalf, u Bouck, Miles, Bray ton, a G. Miller, J. Brown, it Milliman, 44 0. Brown, Mooers, a T. Brown, 44 Morris, it Chapin, ii Morrison ; u Christiej 44 Munro, Cole, Oakley, tt Cramer, 44 Osborn, it Crippcn. a Ostrander- 44 Dewey, a Palmcr. 44 Dill, a Parks, 44 Duer, 44 Reid, Freligh, 44 Roggen, it Fryer, a Rose, Ganson. a Sanford, Gere, a Schoolcraft, Green, a B. Smith, G. Hall, tt I. Smith, Halsey, a Jesse Smith, Hamilton, a Joseph Smith, it Harris, it Speaker, Hayes, Stevenson, Hill, it Strong, Hilton, Taylor, Jackson, a W. Thompson, Jay, a Van Rensselaer. J one*. A'an Wyck, 170 CANAL LAWS, &c. 1816. Mr. Kelsey, Mr. Warner, Kimball, u Webster, u Knickerbacker, it Wesbrook, a Laight, Weston, u Larzelere, u J. Whiting, u Lawyer, a m. wniung, U Leavenworth, 1 Bayley, 5, Lynch, Beach, 55 "VT5 L. . x Brasher, 55 M l adden, J. Brown, 95 Metcalf, 93 O. Brown, Miles, 5) T. Brown, G. Miller, 5, Chapm, J5 Milhman, 9) Child, Morris, 39 Christie, 3 J Morrison, 5 J Cole, Osborn, 39 Cramer, j, Ostrander, Curtiss, ,, Palmer, ,} Dill, ), Porter, Doty, ,, rowers, Duer, 53 Rose, r ord, ,, Schoolcraft, 93 Freligli, 55 Jesse Smith, 39 Ganson 33 Joseph Smith, Gere, ,, Strong, ;> Gregory, 5J lay I or, G. Hall, W. Thompson, 53 N Hull ii. n.d.ii, 35 V dll lACllbbclclCl . Halsey, 53 Warner, Harris, 39 Webster, 33 Hilton, 33 Westbrook, 9? Hopkins, 33 Weston, 35 Jay, 33 J. Whiting, 55 Judd, 55 Wilson, 53 Kelsev, 55 Wynkoop, For the Affirmative. Mr. Barstow, " Blauvelt, Bouck, Mr. Livingston, " A. Miller, " Mooers, CANAL LAWS, Sic. Mr. Burt, Mr. Parks, ?) Carll, 33 Rawson, ?) Carman, 33 Reid, 33 C our sen, 33 Requa, J) Crippin, 33 Roggen, J) Fryer, 33 Russell, 33 Green, 33 Sanford, 33 Hamilton, J? Stebb : ns, 33 Hayes, 33 Stevenson, 33 Hill, 33 Van Home, J? Hoffman, S3 Van Slyck, 5' Isaacs, Van Wyck, 33 Jackson, 33 Whiting, 53 Jones, 33 Williams, 33 Kimball, 33 Woodward, 33 Kissam, 37 Thereupon, j Mr. Speaker put the question whether the said bill should pass, and it was carried in the affirmative. The ayes and noes being called for by Mr. Van Home, second- ed by Mr. Beach, were as follows, to wit : For the Affirmative. Mr. A. Adams, Mr. Leavenworth ?? T. Adams, 3) H. B. Lee, ?> Ballard, 33 Livingston, ?3 Barney, 33 Lynch, 33 Bayley, 33 M'Chestney, 33 Beach, 33 M'Fadden, 33 Bouck, 33 Met(falf, ?3 Brasher, 33 Miles, 33 Brayton, 33 G. Miller, 33 J. Brown, 33 Milliman, 33 O. Brown, 33 Mooers, 33 T. Brown, - 3* Morris, 33 Campbell, 33 Morrison, J) Chapin, 33 Oakley, J) Child, 53 Osborn, ?> Christie, 33 Ostrander, CANAL LAWS, &c. Mr. Cole, Mr. Palmer, " Cramer, 33 Parks, 33 n ' * Crippen, 33 Porter, " Dill, 33 Powers, " Duer, 33 R a wson, " Fellows, * 33 Reid, " Ford, ,3 Roggen, " Freligh, 3, Rose, (janson, 33 Russell, (jrere, 33 Sanford, Green, 33 Schoolcraft, Gregory, 33 B. Smith, Lr. Hall, 33 Jesse Smith, 1\. Hall ; 33 Joseph Smith, riaisey, 33 Sprague, M Tjr„ ■ l , Hamilton, 33 Stevenson, 33 TT • Harris, 33 Strong, ?3 TJ Hayes, ,3 Taylor, Hill, 33 W. Thompson, 33 TT'K Hilton, 33 Van Rensselaer, 35 TT 1 • Hopkins, 33 Warner, ? ' Jackson, 33 Webster, " Jay, 33 Westbrook, " Judd, 33 Weston, 3, TT" 1 Kelsey, 33 J. Whiting. Kimball, 33 M. Whiting, n Knickerbacker, 33 Williams, M Laiglit, 33 Wilson, 5 ' Larzelere, 33 Wynkoop. " Lawyer, 1816. Mr. Barstow, " Burt, " Carll, ' Carman, Coursen, Doty, ' Hoflman, ' Isaacs, Jone* For the Negative, Mr. Kissam, ' ? A. Miller, " Munro, ? ' Requa, Stebbins, " Van Heme, " Van Slyck, " Van Wyck, " Woodward. 18 174 CANAL LAWS, fee. 181G. Thereupon, — v ' Resolved, That the bill do pass. Ordered, That the clerk deliver the said bill to the honor- able the Senate, and request their concurrence in the same. In Senate, April 16, 1816. Mr. Van Vechten made a motion, that the senate should re- solve itself into a committee of the whole, on the engrossed bill, Proceedings i the bill from the As- VanVech- ^ rom tne nonoraD ^ e tne Assembly, entitled " an act to provide ten's motion. j or the improvement of the internal navigation of this state" Mr. President put the qustion, whether the senate would agree to the said motion, and it was carried in the affirmative. That the yeas and nays being called for by Mr. Caritine, se- conded by Mr. Stranahan, were as follows, to wit * For the Affirmative* Division. Mr. Allen, Mr. Prendergast, „ Attwater, Radcliff, „ Bates, ?> Ross, „ Bicknell, ?> Seymour, „ Bloodgood, 33 Stewart, „ Bloom, 33 Swift, „ Can tine, 33 Tibbits, ., Cochran, 33 Van Vechten, » Frey, 53 Wendell. „ Hascall, For the Negative* Mr. Barker, Mr. Keyes, Crosby, 33 Ogden, ., Dayton, 3? Stranahan, „ Elmendorf, 33 Verbryck. „ Hager, The senate then resolved itself into a committee of the who on the said bill, and after some time spent thereon, Mr. Pre dent resumed the chair, and Mr. Prendergast, from the said co mitee, reported, that in proceeding on the said bill, the same * read in the words following, to wit : CANAL LAWS, &c. 175 [For the bill as it passed the assembly, see Synopsis thereof, 181G. >age 167.] ,s ' v ' That Mr. Van Burcn made a motion, to expunge all the re- Mr.VanBu- nainder of the said bill after the fifth section. SSiS? 1 *! 9 expunge, the That, by unanimous consent, the question was put, whether ,ast n i"f f fiC - 9 y . tjonsofthe bill, he committee would agree to the said motion, and it was carried carried— and n the affirmative. That the yeas and nays being called for by Mr. Van Buren, se- onded by Mr. Ross, were as follows, to wit : For the. affirmative. division thcr«« on. Mr. Barker, Mr. I lager, ., Bates, 35 Hascall, Bicknell, )J Keyes, Bloom, 3J Livingston. „ Cantine, ?) Loomis, „ Clark, ?) Ogden, „ Crosby, 5» Ross, „ Dayton, 5J Swift, ,, Elmendorf, ;» Van Buren, » Frey, Verbryck, For the Negative. Mr. Allen, Mr. Stewart, „ Attwater, Tibbits, ., Cochran, Van Vechtc „ Radclifi; 55 Wendell, '2(' Seymour. Which he was directed to report to the senate, and he read the •eport in his place, and delivered the same in at the table, when t was again read. Thereupon, Ordered, That the said bill be committed to a select committee, Bill commit*. & consisting of Mr. Elmendorf, Mr. Barker and Mr. Swift. (o a select com- mittee. In Senate, April 17, 1S1G. The Senate then resolved itself into a committee of the whole, Proceed •n the encros-cd bill, from the honorable the Assembly, entitled S« Atsembiv no CANAL LAWS, &c. 1S16. "an act to provide for the improvement of the internal navigation -v "** of this state" and after some time spent thereon, Mr. President resumed the chair, and Mr. Stranahan from the said committee reported, that in proceeding on the said bill, and after the same had been read in the committee, Mr. Cochran made a motion to reject the said bill. Mr. Cochran's That the question having been put, whether the committee motion to reject .. - « , . , the bill negati- would agree to the said motion, it passed in the negative. ved, and divis- ion. That the yeas and nays having been called for by Mr. Coch- ran, seconded by Mr. Barker, were as follows, to wit : For the Negative. Mr. Allen, Air. Livingston, 1 Barker, • Loomis, " Bates, ?) Prendergast. " Bicknell, ?? Radcliff, " Bloodgood, ?? Ross, " Bloom, ?> Stewart, " Cantine, )? Swift, " Clark, 5J Tibbits, " Elmendorf. ?J Van Buren, " Frey, >> Van Vechten ; . " Hascall, 75 Verbryck, " Keyes, ?? Wendell. For the Affirmative. Mr. Cochran, Mr. Dayton, " Crosby, " Ogden, That in further proceeding on the said bill, the first enacting clause thereof was again read and the number of commissioner? and the names as passed in the Assembly, were read in blnnk and is in the words following, to wit : Tmccr dings Be it enacted by the people of the state of A r ew-York, rcpre ^ mBec ' tented in Senate and Assembly, That be and they are hereby appointed commissioners to consider, de Vise and adopt such measures as may or shall be requisite t< CANAL LAWS, &e. facilitate and cli'ect the communication, by means of canals and locks, between the navigable waters of Hudson's river and Lake Erie, and the said navigable waters and Lake Champlain : And jn case of the resignation or death of any of the said commis- sioners, the vacancy thereby occasioned shall be supplied by the Legislature, in the manner in which Senators of the United States from this state are directed to be chosen. That Mr. Allen made a motion that the first blank in the said clause should be filled up with the word seven. That the question having been put, whether the committee Mr. Allen 1 * would agree to the said motion, it passed in the negative. ™ed.° n nesatl * That the yeas and nays were called for by Mr. Barker, se- conded by Mr. Van Buren, and were as follows, to wit : For the Negative. Mr. Allen, Mr. Keyes, Bates, ?? Livingston. " Bloodgood, Ogden, Bloom, ?» Prendergast. Cantine, Stewart. * Clark, • Swift, Crosby, Van Buren, w Dayton, Verbryck, " Hascall. n Wendell. For the Affirmative. Mr. Barker, Mr. Loomi>. ,, Bicknel!, ?> Radcliir. Cochran, •? Ross, .. Elmendorf, ?» Tibbits. 18 Frev, That Mr. Ross then made a motion, that the said blank should filled with the word Jive, That the question having been put, whether the committee Mr. Ro«H mo. ould agree to the said motion, it was carried in the affirmative. That the yeas and nays being called for by Mr. Crosby, see- ded by Mr. Barker, were as follows, to wit : tion carried. Division. Mr. Bicknell, For the Affirmative. Mr. LoomU, CANAL LAWS, &c. 1816. •JIT Mr. r>Ioougood. Mr. Prendergast. >> Cantine, „ RadclifF, ?> L/JarK. Koss, Cochran, Stewart, 99 Elmendorf. „ Swift, ?) Tihhits 91 Hascall, „ Van Buren. r5 Keyes, ,, Verbryck. 15 Livingston, For the m Negative. Mr. Allen, Mr. Dayton, »> Barker, „ Ogden, j> Bloom, „ Wendell. ?> Crosby, 1ST Proceedings Mr. Stranahan further reported, that the committee had gone on the whole r ° bill. through the said bill, made amendments, filled up the blanks, added clauses, and the same was read in the words following, to wit : [It is verbatim the law of April 17, 1816, at page 184.] That the question having been put, whether the committee would agree to the said bill, it was carried in the affirmative. Division on the That the yeas and nays being called for by Mr. Ogden, sec- final question. onded hy Mr Bicknell, were as follows, to wit : For the Affirmative. Mr. Allen, Mr. Radcliff, „ Attwater. 99 Ross, 5 , Barker, 99 Seymour, Bates, 99 Stewart, „ Bicknell, 99 Swift, „ Bloodgood. 99 Van Buren, Cantine, 99 Van Vechten. „ Clark, 99 Verbryck, „ Elmendorf, 99 Wendell. Loomis, For the Negative* Mr. Cochran, Mr. Keyes, „ Crosby, ?> Livingston. .< Dayton, Ogden. 19 CANAL LAWS, fee* 119 Which he was directed to report to the Senate; and he read 1810. the report in his place, and delivered the same in at the table. ▼ where it was again read, and agreed to by the Senate. Ordered, That the amendments be engrossed. Thereupon, The amendments being engrossed, The said bill, with the engrossed amendments, was read the third time. Resolved, That the bill and amendments do pass. Ordered, That the clerk deliver the said bill and amendments • to the honorable the Assembly, and inform them that the Senate have passed the same with the amendments therewith delivered. — 9©© — In Assembly, April 17, 1816. A message from the honorable the Senate, also delivered by The Assembly non concur their clerk, with the bill and amendments therein mentioned, waswi;h the Sen* read, informing that the Senate have passed the bill, entitled " an ate act to provide for the improvement of the internal navigation of this state," with the amendments therewith delivered. The said bill and amendments havingbeen read, and the amend- ments having been again severally read. Thereupon, Resolved, That this house do non-concur with the honourable the Senate in each of their amendments to the said bill. Ordered, That the clerk deliver the said bill, amendments and a copy of the preceding resolution to the honorable the Senate. In Senate, April 17, 1816. A message from the honorable the Assembly, also delivered The Serrate by their clerk, with the bill, amendments and a copy of a resolu- an^ndmen^ tion therein mentioned, was read, informing, that they do not concur in the amendments of the Senate to the bill, entitled " an act to provide for the improvement of the internal navigation of this state." Thereupon, The said bill and amendments having been read, and the intendments having been again read, Resolved, That the Senate do adhere to their amendments to the said bill. CANAL LAWS, &c. 1816. Ordered, That the clerk deliver the said bill, amendments and 4 v — ' a copy of the preceding resolution to the honorable the Assembly. In Assembly, April 17, 1816. Proceedings on a messase from the honourable the Senate, also delivered bv the bill as sent ° 1 J from the se- their clerk, with the bill, amendments, and a copy of the resolu- tion therein mentioned, was read, informing that the Senate ad- here to their amendments to the bill, entitled " an act to provide for the improvement of the internal navigation of this state" Thereupon, Mr. Lyneh's -Mr. Lynch made a motion that the house should agree to re- motion and di- cec j e f rom their resolution of non-concurrence in the first of the vision, and the assembly final- amendments made to the said bill by the honorable the Senate, pass the bill as which was read, in the words following, to wit : ^senate.™™ " First clause, dele the names De Witt Clinton, Stephen Van Rensselaer, Townsend M'Cown, Melancton Wheeler, Henry Seymour, Joseph Ellicott, Jacob R. Van Rensselaer, Philip I. Schuyler, Samuel Young, John Nicholas, William Bayard, George Huntington and Nathan Smith, and insert Joseph Elli- cott, De Witt Clinton, Samuel Young, Stephen Van Rensselaer and Myron Holley." Debates were had thereon, and the question having been put whether the house would agree to recede from their resolution of non-concurrence, it was carried in the affirmative. The ayes and noes being called for by Mr. Lynch, seconded by Mv. W 7 . Thompson, were as follows to wit : For the Affirmative. Mr. Ballard, Mr. Kimball, Mr. Barney, Mr. Knickerbacker. Mr. Beach, Mr. Larzelere, Mr. Burt, Mr. Lawyer, Mr. Campbell, Mr. Leavenworth, Mr. Carll, Mr. H. B. Lee, Mr. Cramer, Mr. Lynch, Mr. Dewey, Mr. M'Chestney* Mr. Dill, Mr. M'FaddeiL Mr. Duer, Mr. Metcalf. Mr, Ford, Mr. Miles, CANAL LAWS, &c. Ibi Mr. Fryer, Mr. Ganson, Mr. Gere, Mr. Green, Mr. Gregory, Mr. G. Hall, Mr. Halsey, Mr. Hill, Mr, Hopkins, Mr. Jackson, Mr. Jay, Mr. G. Miller, Mr. Mooer>. Mr. Morris, Mr. Palmer, Mr. Sanford, Mr. Joseph Smith, Mr. Strong. Mr. Taylor, Mr. W. Thompson. Mr. Wilson. 4:3 1816. For the Negative. Mr. Barstou . Mr. Bayley, Mr. Brasher, Mr. T. Brown. Mr. Carman, Mr, Doty, Mr. Freligh, Mr. N. Hall. Mr. Hoffman. Mr. Isaacs, Mr. Jones, Mr. Laight, Mr. Livingston, Mr. A. Miller, Mr. Miiliman, Mr. Morrison. Mr. Oaklrv. Mr. Parks, [Mr. Powers. [Mr. Rawson. Mr. Reid, Mr. Roggen, Mr. Russell, Mr. Schoolcraft. Mr. I. Smith, Mr. Stebbins, Mr. Stevenson, Mr. Vanderpoel. Mr. Van Home. Mr. Van Wyck. Mr. Westbrook. [Mr. Weston. Mr. Williams, Mr. Woodward. 34 Thereupon, Resolved, That this house do recede from their resolution ol non-concurrence in the said first of the said amendments. Thereupon, The second amendment of the honorable the Senate to the said bill, was again read, in the words following, to wit: " Dele sixth clause, in the words following, to wit : VI. And be it further enaeted, That the act, entitled " an act o provide for the improvement of the interval narirration of fhu 182 CANAL LAWS, &c. 1816. state" passed the 8th day of April, 1811, be and the same is ^«^v^h^ hereby repealed . And insert instead thereof the words following, to wit : VI. And be it further enacted, That the treasurer shall, on the warrant of the comptroller, pay to the order of a majority of the said commissioners, out of any monies in the treasury not otherwise appropriated, any sum or sums not exceeding twenty thousand dollars, and for which the said commissioners shall ac- count to the comptroller of this state. Thereupon, Mr. Lynch'a Mr. Lynch made a motion, that the house should agree to re- motion. ce( j e f rom t | ie j r resolution of non-concurrence with the honorable the senate, in their said second amendment. Mr. Speaker put the question, whether the house would agree to the said resolution, and it was carried in the affirmative. Division. The yeas and nays being called for by Mr. Oakley, seconded by Mr Lynch, were as follows, to wit : For the Affirmative. Mr. Ballard, it Leavenworth. a Barney, tt H. B. Lee, it Beach, tt Lynch, a Campbell, a M'Fadden, (i Dewey, tt Metcalf, n Dill, n Miles, tt Doty, a G. Miller, a Ford, it Mooers, tk Fryer, tt Morris, a Gere, tt Morrison, a Green, tt Ostrander, a Gregory, it Palmer, • ( G. Hall, a Sanford, a Halsey, a Joseph Smith, a Hill, tt Strong, tt Hopkins, it Taylor, it Jackson, it W. Thompson ti Jay, a Warner, it Kimball, Ct Westbrook. it Knickerbacker, tt Williams, tt Larzelere, it Wilson. it Lawyer, CANAL LAWS, to 183 For the Negative.. Mr. Barstow, Mr. Parks, (1 Bayley, a Powers, (C Brasher, II Ravvson. (1 Burt, c< Reid, « Carll, II Requa il Carman, II Roggen, a Coursen, Russell, u Freligh, a Schoolcraft, n N. Hall, a I. Smith, il Hoffman, II Stebbins, it Isaacs, it Stevenson, II Jones, a Vanderpoel, II Laight, a Van Home, II Livingston, n Van Wyck II M'Chestney, tt Weston, II A. Miller, a Woodward. II Milliman, a W\ nkoop, • ( Oakley, r» O Thereupon, Resolved, That this house do recede from their resolution of non-concurrence with the honorable the senate, in the said se- cond of their amendments to the said bill. Thereupon, On motion of Mr. Lynch — Resolved, That this house do concur with the honorable the senate, in all of their amendments to the said bill. Ordered, That the said bill be amended accordingly. The said bill having been amended, Ordered, That the clerk deliver the said bill and amendment to the honorable the senate, and inform them that this house have concurred with the honorable the senate, in their amend- ments to the said bill, and have amended the same accordingly JS4 CANAL LAWS, &c. 1816. v^v-^ BILL AS FINALLY PASSED INTO A LAW, In 1816. Sess. 39. Ch. 237. An act to provide for the improvement of the internal navigation of this state. Passed, April 17, 1816. ^Commission- j Be {t enacted the p eop l e f tne state f JY ew York, repre- sented in Senate and Assembly, That Stephen Van Rensselaer, De Witt Clinton, Samuel Young, Joseph Ellicott and Myron Holley, be, and they are hereby appointed commissioners, to consider, devise and adopt such measures as may or shall be requisite, to facilitate and effect the communication, by means of canals and locks, between the navigable waters of Hudson's river and lake Erie, and the said navigable waters and lake Champlain ; and in case of the resignation or death of any of the said commissioners, the vacancy thereby occasioned, shall be supplied by the legislature, in the manner in which senators of the United States, from this state, are directed to be chosen, ^cret^to be be further enacted, That the said commissioners chosen. sna u cnoose one f their number, to be president of their board, and shall appoint a fit person for their secretary, who shall be allowed and paid such salary as the said commissioners shall deem proper and reasonable : And the president of the said board of commissioners, shall have power to call a meeting of the same whenever in his opinion, the public interests require it ; and the said board may adjourn from time to time, to meet at any time and place they may deem most conducive to the public good : And further, the said commissioners shall have power to employ such and so many agents, engineers, surveyors, drafts- men and other persons, as in their opinion may be necessary to enable them to fulfil and discharge the duties imposed upon them by this act, and to allow and pay the said agents, engineers, surveyors, draftsmen and other persons, for their respective ser- vices, such sum or sums as may be adequate and reasonable. canaHobte^ IIL And be ^ farther enacted, That it shall be the duty of the plored. sa i(i commissioners, as soon as may be after the passing of this act, to cause those parts of the territory of this state which may lie upon or contiguous to the probable courses and ranges of the said canals, to be explored and examined for the purpose of fixing 1 CANAL LAWS, kc. 135 and determining the most eligible and proper routes tor the same, 1816. and to cause all necessary surveys and levels to be taken, and v ' accurate maps, field books and drafts thereof to be made, and further to adopt and recommend proper plans for the construction and formation of the said canals, and of the locks, dams, em- bankments, tunnels and dqueducts which may be necessary for the completion of the same, and to cause all necessary plans, drafts and models thereof, to be executed under their direction. IV. And be it further enacted, That the said commissioners or Application " to be made for a majority of them, shall be, and they are hereby authorized and e*anta and do required to make application in behalf of this state, to the gov- ernment of the United States, and of such states and territories as may be benefited by the said canals or cither of them, to the proprietors of lands through or near which the said canals or either of them may, or may be proposed to, pass, to all bodies politic and corporate, public or private, and all citizens or inhab- itants of this or any other of the United States, for cessions, grants or donations of land or money, for the purpose of aiding in the constructing or completing of both or either of the said canals, according to the discretion of the several grantors or donors, and to take to the people of this state, such grants and conveyances as may be proper and competent to vest a good and sufficient title in the said people to the lands so to be ceded or granted as aforesaid, and for the purposes above mentioned, it shall be the duty of the said commissioners to open books of Subscription subscription in such and so many places as they may think ne- opened, cessary and expedient, and under such rules and regulations as they may from time to time establish: And further, it shall be their duty to ascertain whether to any and to what amount, and upon what terms loans of money may or can be procured on the credit of this state, for the purposes aforesaid. V. And be it further enacted, That it shall be the duty of E , timHre ^ the said commissioners to make, or cause to be made, with as expense t» be much accuracy and minuteness as may be, calculations and esti- mates of the sum or sums of money which may or will be neces- ary for completing each of the said canals, according to the plan >r plans which may be adopted and recommended by them, for he construction or formation of the same, and to cause the said alculations and estimates, and all surveys, maps, firld books, ilans, drafts and models authorised and directed by this art, or so 24 18$ CANAL LAWS, &c. 1816. many thereof as may be completed, together with a plain and: v " — v ' comprehensive report of all their proceedings under and by virtue of this act, to be presented to the legislature of this state within twenty days after the commencement of the next regular annual session thereof, impropriation VI. And be it further enacted, That the treasurer shall, on of not exceed- 1,1... ins $20,000. the warrant of the comptroller, pay to the order of a majority of the said commissioners, out of any monies in the treasury not otherwise appropriated, any sum or sums not exceeding twenty thousand dollars, and for which the said commissioners shall account to the comptroller of this state. VII. And be it further enacted, That the act entitled " an act to provide for the improvement of the internal navigation of this state," passed the 8th day of April, 1811, and the act, entitled u an act further to provide for the improvement of the internal navigation of this state," passed June 19th, 1812, be and the s*ame are hereby repealed. Former acts repealed. [ 1812. ] [Legislative proceedings in 1812, omitted in their proper place. In Senate, June 5th, 1812. On the first section of the bill, entitled " An act further to pro vide for the improvement of the Internal Navigation of this state, [which eventually became a law, June 19, 1812,] the senate di vided as follows : Affirmative* Mr. Bloodgood, Mr. Phelps, a Carl, a Piatt, a Hall, a Rich, a Hubbard, a Smalley, a Humphrey, Stearns, U Lewis, a Town send, it Livingston, a Yates, Negative: Mr. Arnold, Mr. Paris, JJruvm Rouse 14 CANAL LAWS, &c is; Mr. Coe, " Haight, M Hopkins, " Martin, Mr. SanfonL " Tabor, c; Wilkin, 1816. 3 1 On the third section, allowing the commissioners to borrow 5,000,000 dollars on the credit of the state, the senate divided as follows, and the section was lost. Mr. Arnold, " Bruyn, " Coe, " Haight, li Hopkins, " Paris, Negative, Mr. Rouse, " Sanford, " Tabor, " Tayler, (t Townsend, " Wilkin, 12 Mr. Hall, " Hubbard, * Lewis, " Livingston, " Phelps, Affirmative. Mr. Piatt, " Rich, " Smalley, " Stearns, " Yates, 10 In Senate, June 7, 1812. The third section, negatived on the 5th instant, was now car- ried in the affirmative, on a division as follows : Mr. Bloodgood, Gilbeit, Hall, Hubbard, Humphreys, Lewis, Livingston, Affirmative. Mr. Phelps, Piatt, Rich, Smalley, Smith, Townsend, Yates, 14 Mr. Arnold, Bruyn, Carll, Coe, Hopkins, Negative. Mr. Rouse, " Tabor, " Tayler, " White, " Wilkin, 10 Mr. Tayler moved to expunge the 3d section* in «rder to in- m CANAL LAWS, &c. 1816, sert in lieu thereof, " That the sums borrowed as aforesaid be i placed in the treasury of this state, subject to the disposition o the legislature." Motion negatived, as follows. Negative, Mr. Gilbert, " Hall, " Humphreys, " Lewis, " Livingston, " Phelps, Mr. Piatt, " Rich, " Smalley, " Smith, " Stearns, " Yates, Affirmative. Mr. Arnold, " Bloodgood, " Hopkins, " Rouse, Mr. Tayler, " Townsend, " White, " Wilkin, And then the whole bill was ordered to be engrossed. 12 In Senate, June 9, 1812. Mr. Wilkin moved to re-commit the bill. Motion negatived Mr. Bloodgood, " Gilbert, " Hall, " Hubbard, " Humphreys, " Lewis, " Livingston, Mr. Arnold, " Bruvn, " Carll, " Coe, " Hopkins, " Rouse, Negative. Affirmative. Mr. Phelps, " Piatt, « Rich, t£ Smalley, " Smith, " Townsend, " Yates, Mr. Sanford, " Tabor, " Tayler, " White, " Wilkin, 14 11 Mr. Wilkin then moved to reject the bill. Motion lost — aye and noes as preceding, adding only Mr. Stearns to the affirma tive, making it 1 5 ayes to 1 1 noes. The bill then passed th senate and was sent to the assembly for concurrence. CANAL LAWS, *o . In AsseiMbly, June 15, 1812. The assembly (by 49 votes to 45) rose and reported progress on the bill, and had leave to sit again. In Assembly, June 17, 1812. On the first section of the bill, the assembly divided. The section was carried, as follows, Mr. Arnold, 4k Benjamin, u Bicknell, " Boyd, " Bray ton, • Bristoll, " Broadbead, " Brother, 4 * Bryan, *• Burch, 11 Clark, " Close, " Colbv, " Cole^ M Comstock. J ' Coon, " Delance, " Dodge, " Fay, " Hagar, " Hall, " Hill, " Hopkins, ; Howland, " Huntington, « Hurlbut, Mr. Andrus, * Burr, ' : Campbell, u Carman, " Carpenter, " Coddington, 4: Colvard, " Crosby, ; * Douglas?, Affirmative. Negative. Mr. Lorillard, " Ludlow, Marvin, " Mclntyre. " Mooney, " Mott, 1 Nellis, " Radclifl; " Redington, " Rogers, " Russell, " Sebring, " Shoemaker, Smith, " Speaker, £i Stanley, - Storrs, " Trowbridge, " Tylee, " Vanfleet, " Van Rensselaer " Van Vechten, " Walden, " S. Warren, " Young, Mr. Kirtland. " Kiss am, " Miller, " Moore, " Oakley, " Ogden, " Potter, 4 * Rose, Roseboom. 51 198 CANAL LAWS, &c\ 1816. Mr. Fleet, " Gardner, " Gregory, " Grosvenor, " Hardenbergh, " Hawks, « Hoit, " Holbert, " Holmes, " Hyde, " Jansen, " Keeler, Mr. Ross, " Sayre, " Sears, " Southerland. " Teeple, " Tyler, " Van Orden, Ct Van Zandt, Viele, Waite, J. Warren, Wells, 42 On the third section, authorizing 5,000,000 dollars to be bor- rowed, &c. the assembly divided. The section was carried in the affirmative, by the casting vote of the chairman, (Mr. Jones,) as follows. Affirmative. Mr. Arnold, Benjamin, Bicknell, Boyd, Bray ton, " Bristoll, " Brother, " Bryan, " Burch, " Clark, " Close, " Colby, " Cole, " Comstoek, Coon, Delance, Dodge, Douglass, Hager, Hall, Hill, Hopkins, Howland, Huntington, Mr. Hurlbut, " Lorillard, " Ludlow, " Marvin, " M'Intyre, " Mooney, " Mott, " RadclifF, " Redington, " Rogers, " Sebring, " Shoemaker, " Smith, " Speaker, " Stanley, " Storrs, " Trowbridge, " Vanfleet, « Van Rensselaer, " Van Vechten, " Walden, " S. Warren, * Young, 41 CANAL LAWS, &c. Negative. AT.. Andrus, Mr. Kissam, it JjiOfiQ I1L «l( 1 , u Miller a jjurr, 11 A 1 r»r»T"f> 01UUJ c, H Nellis a (!afmnn Vycll 111(111, u Oaklev a l!nrr>pntpr V^Cll IJvlllCl . a <( VyUUUlllglUlI « c; Potter, Colvnrd- II Rose, II ■ R osphoom t* Fav II (i r lttij l< II vjaruiici . (C Sayre, a Oregon, u ill >, a C~-» rnsvpnnr u oouuicrianci : it vjuyoii, If J. ct pit. it Hardenbergb . K xyiee, a HaM r bsj If Tyler, u Hoit, U Van Orden. II Holbert, a Van Zandt, Homes, Viele, l( Hyde, (C Waite, a Jansen, II J. Warren, Keeler, II Wells, II Kirtland, The speaker, (Mr. Sheldon,) moved a proviso, " That no " other than a conditional purchase be made of the Western In- " land Lock Navigation, to become absolute when the commis- * sioners shall have satisfactory information from some experi- " enced engineer, by actual examination, that the accomplish- M ment of the contemplated canal is practicable, and when the " said commissioners shall be authorized by an act of the legisla- I ture to commence their operations for opening the said tonal" Mr. Clark moved to expunge from the proviso the words in italics, to the end of the said proviso. Motion lost as follows, Mr. Arnold, Mr. Benjamin, Mr. Broaclhead Mr. Burr. Mr. Campbell, Negative. Mr. Hawks, Mr. Hill, Mr. Ho.i, Mr. Holbert, Air. Holme*, Mr. Potter, Mr. liedington- Mr. Ko^c. Mr. Rosebl MB Mr. Rom » CANAL LAWS, fee. 1816. Mr. Carman. Mr. Hyde, Mr. Coddington, Mr. Jan9en, Mr. Colvard, Mr. Keeler, Mr. Comstock, Mr. Kirtland. Mr. Crosby, Mr. Kissam, Mr. Delance, Mr. Marvin, Mr. Fay, Mr. Metcalf, Mr. Fleet, Mr. Miller, Mr. Grosvenor, Mr. Moore, Mr. Guyon, Mr. Mott, Mr. Hager, Mr. Oakley, Mr. Hardenbergh, Mr. Ogden, Mr. Sayre. Mr. Sear?, Mr. Speaker, Mr. Starkweather. Mr. Taylor, Mr. Teeple, Mr. Tyler, Mr. Van Orden, Mr. Waite, Mr. J. Warren, Mr. Wells, Mr. Younsr. 51 Affirmative. Mr. Bicknell, Mr. Boyd, Mr. Bray ton, Mr. Bristoll, Mr. Brother, Mr. Bryan, Mr. Burch, Mr. Clark, Mr. Close, Mr. Colby, Mr. Cole, Mr. Coon, Mr. Dodge, Mr. Douglass, Mr. Hopkins, Mr. Howland, Mr. Huntington, Mr. Hurlbut, Mr. Lorillard, Mr. Ludlow, Mr. Mclntyre, Mr. Nellis, Mr. Radcliff, Mr. Randall, Mr. Rogers, Mr. Sebring, Mr. Shoemaker, Mr. Smith, Mr. Southerland, Mr. Storrs, Mr. Trowbridge, Mr. Tylee, Mr. Vanfleet, Mr. Van Rensselaer, Mr. Van Vechteri, Mr. Van Zandt, Mr. Viele, Mr. Walden, Mr. S. Warren, Mr. Wood worth. 40 The proviso was adopted as follows, Affirmative. Mr. Bicknell, Mr. Hardenbergh, Mr. Ogden, it Broadhead, it Hawks, Potter, tt Burr, tt Hill, a Redington, it Campbell, it Hoit, a Rose, tt Carman, it Holbert, (( Roseboom, a Coddington, «( Holmes, a Ross, Colvard, it Hyde, a Sayre, Comstock, it Jansen, tt Sears, it Crosby, tt Keeler, tt Speaker. a Delance, tt Kirtland, a Taylor, Fay, tt Marvin, tt Teeple, Fleet, a Metcalf, a Tylor, Van Orden, tc Grcsvenor, tt Miller. tt Guyon, a Moore, a Waite, Hager, tt Mott, tt J. Warren, n Hall, a Oakley, A'egatiz-e. a Well?, Sir. Andru?, Mr. Dodge, k*. Southerlanc; Arnold, Douglas?;, frtorrs, CANAL LAW*, be, I 'Jo Mr. Benjamin, « Boyd, Bray ton, ' Bristol!, M Brother, 44 Bryan, 44 Burch. •• Clark. " Close, <« Colby, " Cole, M Coon, On the question, pass, it was carried Mr. Hopkins, >k Howland, " Huntington, " Hurlburt, 44 Lorillard, m M'lntyre, " Mooney, " Radcliff, " Rogers, " Sebring, " Shoemaker, " Smith, whether the ivhole bi in the affirmative, as Jlffirmativr. Mr. Trowbridge, " Tylee, v. " Vanfleet, 44 Van Rensselaer, " Van Vechten, " Van Zandt, " Viele, " Walden, 44 S. Warren. " Woodworth, " Young, 41. //, as amended, should follows, 181G. — v — Mr. Arnold, Mr. Fay, Mr. Rogers, 44 Benjamin, CI Hager, CI Russel, " Bicknell, ii Hall, II Sebring, 44 Boyd, |i Hill, a Shoemaker, 44 Bray ton, ii Hopkins, iC Smith, 4 Bristoll, ci Howland, it Southerland. 44 Brother, cc Huntington, ci Speaker, 44 Bryan, it Hurlbut, II Storrs, Trowbridge 14 Burch, Ii Keeler, M 44 Carpenter, a Lorillard, <{ Tylee, 14 Clark, tc Ludlow, cc Vanfleet, 44 Close, 44 Colby, Marvin, II Van Rensselaer" (< M'lntyre, Ii Van Vechten, " Cole, II Mooney, II Van Zandf. 44 Comstock, , Gardner, cc <( Viele, Gregory, II Oakley, cc Waite, Grosvenor, Ogden wetfc Guyon, 2-5 CANAL LAWS, &c. In Senate, June 18, 1812. The proviso adopted by the assembly to the first section of the bill was under consideration. Mr. Root moved to postpone^ the consideration of the said amendment to the next session of the legislature. Motion lost, as follows, Negative. Mr. Arnold, " Bloodgood, " Gilbert, " Hall, " Hubbard, " Humphreys, " Lewis, " Livingston, Mr. Paris, " Phelps, « Piatt, « Rich, " Smalley, " Smith, " Townsend, " Yates, Affirmative. Mr. cc Bruyn, Carll, Coe, Haight, Hopkins, Martin, Root, Mr. (C Rouse, Sanford, Tabor, Tayler, White, Wilkin, 16 13 The bill then passed the committee of the senate, and on the 19th June, 1812, received its final passage through the senate, without a division. The law passed is as follows, An act further to provide for the improvement of the internal navi- gation of this state. Passed, June 19, 1812. Commissioners I- B p - $ enacted by the People of the state of New York, repre- authorised to sented in Senate and Assembly, That the commissioners mention- ment witiTthe G & m an d Dv tne act > entitled " an act to provide for the improve- jjpstem inland nient of the internal navigation of the state," passed the 8th of ^ C mpanj Sat0n April, 1811, to wit: Gouverneur Morris, Stephen Van Rensse- laer, De Witt Clinton, Simeon De Witt, William North, Thomas Eddy, Peter B. Porter, Robert R. Livingston and Robert Fui- ton, be and they are hereby authorised and empowered, on behalf of this state, upon such terms and conditions as they shall deem reasonable, to purchase all the rights, interest and estate, of the " president, directors and company of the western inland lock navigation in the state of New York," of, in and to the inland waters of this state, together with the locks, canals, lands and CANAL LAWS, fcc. 195 other property, which may be v ested in, or which may have been 181G. acquired by the said president, directors and company, under or v y — — * by virtue of any law of this state, so as to procure to the people of this state a conveyance or surrender of all the rights, interest and estate of the said corporation ; and in case of such convey- ance or surrender being made, it shall and may be lawful for the said commissioners, and they are hereby required to take the charge and management of the said locks, canals, lands and all other property so by them to be purchased as aforesaid, on behalf of the people of this state, with the like powers of appointing toll- collectors and other agents, to exact the same tolls to the use of the people of this state, and to make all such other rules and regulations in regard to the same, as the president, directors and . oinpany of the western inland lock navigation in the state of New York, can or may now lawfully make or establish ; and that every person who shall after such conveyance or surrender, do any trespass or other injury to the said canals, locks, lands or other property aforesaid, or shall violate any of the rules and regulations so as aforesaid to be established by the said commis- sioners, such person so offending shall be liable to the same penalties, and shall pay the like damages as such offenders would now be liable to, for the like acts, under the bye-laws and regu- lations of the said corporation and the laws of this state, to be recovered in the name of the said commissioners, to the use of this state : Provided, That nothing in this act contained shall rr0V1S0 - authorise the said commissioners to make any other than a con- ditional purchase of the said president, directors and company, to become absolute when the said commissioners shall have satis- factory information from some experienced engineer, by an ac- tual examination, that the accomplishment of the contemplated canal is practicable, and when the said commissioners shall be authorised by an act of the legislature to commence their opera- tions for opening said canal. II. And be it further enacted, That the said commissioners be They are »u- and they are hereby authorised to procure any voluntary cessions L .u°/,'^ p |*°, p n r r 1 ^ or grants of any lands, to the use of the people of this state, from t r ^ ion s of * ■ any person or persons, bodies politic or corporate, who may be I inclined to make the same, for the purpose of the contemplated inland navigation from lake Erie to Hudson's river, or for the purpose of establishing a fund to be applied towards the accom- plishment of the said object : And whereas it appears by the re- port of the said commissioners, lately presented to the legisla- ture, that a favorable opportunity now occurs for procuring a ! loan of money on the credit of this state : And whereas it is de- i sirable that this state should possess the means of effectually prosecuting the important object of opening said inland naviga- tion, if upon full examination by a competent and practical en- gineer, and mature deliberation, the legislature shall hereafter ! deem it expedient to undertake that interesting work : Therefore, CANAL LAWS, 8*c 1817. III. Be it further enacted That the aforesaid commissioners be t y j and they are hereby authorised and empowered, on behalf of They are au- this state, to borrow a sum of money, not exceeding five millions thorised to bor- f dollars, upon a loan for not less than fifteen years, and at a row a sum not - . * ,. ^ . exceeding rate of interest not exceeding six per centum per annum, exclu- £5,000,000. gj ve f incidental expenses of negotiating said loan ; and the said commissioners are hereby authorised to pledge the faith of this state for the payment of such interest, and for the reimbursement of said principal sums so to be borrowed as aforesaid. How the IV. And be it further enacted, That the sum so to be borrowed Svested.* 11 be by tne sa ^ commissioners be invested, in the name of the people of this state, in public stock, or such other fund or funds as, in their opinion, by and with the advice and consent of the person administering the government of this state, may be most safe and productive, with full power in the said commissioners, from time to time in their discretion, and with the consent of the person ad- ministering the government of this state, to control the monies so invested, and the interest thereof, by transferring the same, or any part thereof, from one fund to another, and upon such secu- rities and assurances as they may deem proper, on behalf of the people of this state. Interest to "V. And be it further enacted, That it shall be the duty of the be paid punc- sa id commissioners, and they are hereby required punctually to pay the interest which shall from time to time accrue upon the monies so to be borrowed as aforesaid ; and the said commis- sioners shall annually make a report to the legislature of this state, exhibiting a particular account of the monies so to be bor- rowed as aforesaid, of the fund or funds in which the same shall be invested, and of all payments, receipts and expenditures, relating thereto.] tifally. XIV. REPORT OF THE COMMISSIONERS UNDER THE ACT OF APRIL 17, 1816. In Assembly, February 17, 1817. The report of the commissioners appointed to superintend the" surveys and construction of the western and northern canals, was read, and is in the words and figures following, to wit : The commissioners constituted by the act, entitled " an act to Report, &c. provide for the improvement of the internal navigation of this state," passed 17th April, 1816, most respectfully present the following report to the legislature, being " a plain and compre- hensive report of their proceedings," as required by the said aofc The duties enjoined upon the commissioners, ar — ' the bed of this creek, at the expense of $18,700 First section. j n most cases? experience is decidedly against making use of the channels of natural streams, on any part of the route of a canal navigation. These streams are so apt to produce injury to the artificial works with which they are connected, by freshets in the spring with a strong and muddy current, by want of water in the fall, and the sudden changes to which they are liable at all seasons, that they should be avoided, except as feeders, almost always when it is practicable. But to these remarks the Tonnewanta affords an exception. After the dam is built near its mouth, that part of it which it is intended to use, will have much more the character of a quiet narrow bay, or an artificial canal, than of a natural stream ; and to give it still more of this character, pro- vision might be made, with very little expense, at the point where its waters are first subservient to the canal, to turn all its super* fluous freshets and floods down the Oak Orchard creek into lake Ontario. The expense of a lock near the dam, for the purpose of facili- tating the navigation from Schlosser to lake Erie, would be $10,000 At R, on the Tonnewanta, thirty-three miles from the west end of the canal, the lake Erie level terminates. From this place to C, on the summit level between lake Erie and the Genesee river, is twelve miles. In this distance locks must be constructed for a rise of seventy-four feet and eighty hundredths. It would proba- bly be expedient to divide this rise equally between ten locks, in which case the lift of each would be seven feet and forty-eight hundredths. Of these locks three might be placed at R, four at C, and the remaining three at some convenient place or places between. The expense of them would not exceed $100,000 Between R and C the country is remarkably even. The average quantity of earth to be excavated in each mile of this part of the route, is estimated at 3,786 cords, which, as the plough and scra- per might be almost exclusively used, would not cost more than sixty-two and an half cents per cord. At this rate, twelve miles, the distance between R and C, would cost $28,275 The length of the summit level, from C to B, is seventeen miles ; and it passes over a country so very level, that an average depth of four feet of excavation is all that will be required CANAL LAWS, &c. To effect this, the removal of 5,050 cords of earth per mile, will 1817, be necessary, and such removal may be performed for seventy- tr^^T^ five cents per cord, amounting, for seventeen miles to $64,3S7 From D, on the Tonnewanta creek, to C, on the west end of the summit level, it is intended to construct a feeder, sixteen feet wide and four feet deep. The length of this feeder will be four miles and sixty chains, and 2,640 cords of earth per mile must be removed in order to complete it ; at seventy-five cents per cord, this would cost $9,443 From the end of the canal, at Buffalo, to B, at the east end of the summit level west of the Genesee river, is sixty-two miles. In his report relating to this section, Mr. Ellicott observes, that in the preceding estimates of expense little has been left to con- jecture. The aggregate amount of these estimates is $379,523 To which he adds ; for grubbing and clearing ; for conducting Bigelow's and Spring creeks into the summit level, near its east end ; and for pay of engineers and officers to superintend the exe- cution of the work, $70,477 making the entire expense of these sixty-two miles $450,000 It will be observed, that if the canal takes the direction here indicated, it will be raised seventy-four feet and eighty hundredths above the level of lake Erie, in which case recourse must be had to other reservoirs for its supply of water. Common prudence demands, that upon this subject every doubt should be removed, before this route is definitively adopted. Mr. Ellicott has had the sources of this supply guaged, with great care, during the driest part of the last season, which has been more remarkable for severe drought than any ever before experienced in that part of the state. Independently of waters deemed sufficient to repair the waste occasioned by evaporation andsoakage, these sources consist of ten streams naturally flowing, or capable of being conducted into the summit level. When these streams were guaged, they afforded in the aggregate 253,435 cubic feet of water per hour, which would fill six hundred and seventy-three locks every day, and provide for the passage of 1,209,600 tons during eight0ionths, in boats of thirty tons burthen. Besides, the raising of one of the canal banks to the necessary height for a towing path, on the summit level, would produce the flooding of more than a thousand acres of land, which as a reservoir, together with the hourly dis- 26 2.02 CANAL LAWS, fcc. Fir&t section. 1817. charge of the streams above mentioned, would be abundantly sufficient for all the wants of this level. From the east end of this level, down the valley of Black creek, and along the west bank of the Genesee river, to the point where the route explored north of the mountain ridge passes that river, the face of the country has not been scientifically examin- ed. It is well known however to present no serious impediments to the construction of a canal ; and its facilities are thought to be such, that if the difficulties occurring on the summit level do not prevent, the canal should certainly take this direction. The length of this unexampled section would be about thirty miles; and it would require locks for a fall of one hundred and thirty- nine feet and eighty hundredths. The Expense of these locks might be estimated at $150,000 and all other expenses of this distance at $6,000 per mile, $180,000 making the entire cost from lake Erie to the Genesee river, in this direction, $780,000 At a point eleven miles up the Tonnewanta creek, from its mouth, that section of the route assigned to James Geddes, Esquire, as engineer, commences, and extends eastward to the Seneca river. In the details of this section, reference is made to the minutes, maps, profiles and draughts of the said engineer, herewith presented. Pursuing this route, the canal never rises above the lake Erie level. It would, therefore, derive its waters, until it descends to the Genesee level, and as much further as may be necessary, from that never failing reservoir. Map No. 1. Map No. 1, includes six miles and forty-two chains of the route, on this section. Expenses, &c. From the place of its commencement, at the distance of five miles and sixty-four chains, this route reaches the brow of the mountain ridge. For the first forty-four chains of this distance, it falls in the channel of a small stream, and for twenty-two chains the channel of that stream is sufficiently wide and deep for ttm canal. But a towing path on its margin would cost $7 50 per chain, $165 To give the other twenty-two chains the average width and depth of the canal, 2438 cubic yards of earth must be exGavated ; at ,Sjrgfcte«n f*ut% tfcis wonjd cost $440 CANAL LAWS, fcc, 3*9 F irst section. Add for towing path, at the same rate as above, §16 5 1S1 The expense of the next thirty chains, as a little deep cutting is to be encountered in it, is estimated at $3,01S At this place, seventy-four chains northerly from the Tonnewan- ta creek, commences the deep cutting, which continues four miles and seventy chains to the brow of the ridge above mention- ed, and there terminates the lake Erie level, in this direction. As the excavation of the canal, through this distance, consti- tutes one of the most serious difficulties presented on the whole route, great pains have been taken to avoid all impracticable data of calculation relating to it, and, at the same time, to give to the work such dimensions and construction as may be required, with the greatest attainable economy. Throughout this deep cutting the calculations embrace a width of water on the surface of the canal of twenty-seven feet ; a bank from the bottom to an eleva- tion of five feet on each side, of such a slope as that twelve inches rise will give a base of eighteen inches ; a recess at this elevation, inone bank of two feet, and in the other of one ; and an ascent of both banks from these recesses, to the natural surface of the earth, at an angle of forty-five degrees with the horizon. The earth here consists of a still' brown clay, which, in the banks of the Tounewanta, stands fifteen feet high at a steeper slope than the one above proposed for the canal banks above the water. Of the recesses, the least is for a berm, and the largest for a towing- path, to be completed in a manner described below. In order to conform to these calculations, the first sixty-one chains of this deep cutting, which rises from fourteen to seven- teen feet abovo the bottom of the canal, would require the ex- cavation of 08,106 cubic yards ; but as there flows through this distance a brook, which has scooped out a channel averaging three feet deep by thirty feet wide, there may be deducted 13,380 cubic yards, from the number above stated, leaving to be actu- ally excavated 54,726, which at twenty-five cents, will cost $13,681 For the next forty chains and twenty links, the depth of cut- ting will average eighteen feet, and making for this distance a deduction, on account of the channel of the brook, at nearly the same rate as above, the number of yards to be excavated will be 60,000, which at twenty-seven cents will cost $16,200 For the next forty-eight chains and eighty links, the average CANAL LAWS, &c. 1817. depth is nineteen feet seventy-five hundreths ; number of yards * v 'to be excavated 97,442, which at twenty-eight cents will F ' rS.700 cubic yards, JJut in addition to these sums the expense of large cul- verts must be incurred at both of these streams. In the bed of each of them lie strata of red sand stone, which may be taken up in pieces large enough to cover water-ways of sufficient size to discharge their floods. The length of the water-way, at Eighteen mile creek, after due allowance for wing walls, must be 90 feet; at Johnson's creek it must be 100 feet. Double this length of wall, in order to make it on both sides of the water-way, make it 3 feet thick, and raise it 8 feet high, and then cover the walls and the space of 4 feet between them, with the sand stone above mentioned, 3 feet deep, and the solid contents of stone work required will be 600 perches. ' For this stone work, when complete, as the best of stone lie very handy, the expense need not exceed $ I V2\ per perch, in all 3 bridges, Grubbing and clearing 6 miles and 11 chains. 1817. First section. $'2,200 MipNa3 expenses cat culafcd. $2,000 $912 $675 900 G,137 Vggregate of extra's on this map, Map No. 4 includes 6 miles and 71 chains. At F. is a valley, where an embankment is required, which with deep cutting between D. and C. and the em- bankment at C, will cost \t Oak Orchard creek, an aqueduct will be necessary, 200 feet in length ; and it may be constructed of stone abutments and piers supporting a wood su- perstructure, to be replaced hereafter, perhaps, by ! one of stone or iron. The bottom of the creek, consisting of rock, is 2S \ feet below the contemplated surface of water in the canal. Good stone are here on the spot, and two piers between the abutments, #12,824 Map No. expenses ca cufated. £2,400 - S>08 CANAL LAWS, Uc. 1811. may be so placed, as with them to afford three spa ^— ^ ces of 50 feet by 23 for the passage of the water be^ First section. j ow rpj^ j g the cree ^ mt0 ^fach it is thought ex- pedient to bring the tipper floods of the Tonnewanta . and when it is considered that its bed is smooth, rocky, and of considerable declivity, with a perpen- dicular fall, two chains below, of 25 feet, the pro- vision for a water passage will probably be deemed adequate. The better to support the wood part of this aqueduct, with the least possible diminu- tion of the water-way, braces might be introduced with one end resting in the stone work of the abut- ments and 'piers, and the other end mortised into the string pieces stretching across the spaces be- tween. The expense of (his aqueduct is esti- mated at 10,000 The deep cutting, at the east end of it, requiring the moving of 9,256 cubic yards, consisting partly of sand stone, would cost, at 40 cents, 3,700 The embankment at the west end is estimated at 1,144 For uneven places, west of Oak Orchard, creek, not heretofore enumerated, and from X to the east end of the map, 3,000 For 4 small culverts, 400 For 2 bridges, 600 For grubbing and clearing 6 miles and 71 chains, 6,912 Aggregate of extra's on this map, 28,156 Map No. 5, ^ a P 5 includes 6 miles and 73 chains. At Fish cXted* Ca '" cree k an embankment is required to contain 5,364 cubic yards, which, as it is low, and there is sufficient deep cutting at both ends to supply the materials for making it, is estimated at 15 cents, S04 At Clark's book another embankment is necessary, to contain 10,814 cubic yards, at 20 cents, $2, n i nc i U( ]es 4 miles and 49 chains, west of expenses, &c, r the Genesee river, and 1 mile and 55 chains more easterly, inclusive of the river, in all, 6 miles and 24 chains. Between K and I, an embankment is neces- sary to be 6 feet high for near 1000 feet in length. — It must contain 6222 yards, at 20 cents, 1,244 At G, on the north side of Fort Brook, the line of the canal is crossed by a ridge, on which a lateral cut may easily be made to carry navigation within half a Note. — The route of the canal south of the mountain ridge; will here in- tersect the route north of that ridge. The distance from Buffalo to the point, eleven miles up the Tonnewanta creek, is 27 miles, From that point, to the Genesee river, on the north route, 72 10 1-2 chains. The whole distance in that direction is 99 m. 10 1-2 chs. The distance in the direction south of the ridge, is supposed to be 92 miles. The whole expense from Buffalo to the point, eleven miles up the Tonnewanta, including a proportionate part of the allowance for grubbing-, superintendence, &e. as estimated on Mr. Peacock's section, is $205,877 The whole expense, from that point to the Genesee river, as esti- mated on Mr. Geddes' section, is as follows : whole expense of excavation, for 6 miles and 42 chains, 401,271 Total amount of extras, thence to Genesee R, 224,378 Expense of each mile, after all extras are calculated, for 65 miles 48 1-2 chains, at $2,250, (for which allowance see a subsequent part of the Report,) 147,611 On this sum, 773,860 Add for contingencies, 5 percent. 38,663 For superintendence, draining and fencing, at the rate of $1,000 pel rail for 72 miles and 10 1-2 chains, 72,125 The total amoi; >t is $884,048 Which added to the expense from Tonnewanta to Buffalo, above stated, , 205,877 Makes the aggn rate cost of the canal from Buffalo to the Genesee river, on the north route, $1 ,089,925 On the south route, this cost is estimated at 780,000 Leaving a balance of expense in favor of the south route, by these «!^?mates, of 309,92a [I CANAL LAWS, fee. J J s mile of the h; rbor at tho mouth of Genesee river. — IM7. Fort hrook ru is in a ravine which will require an em- ^^v^^ bankment of jOOO yards, and which, including the VihkmtSm, necessary cuh ert, and the deep cutting at G, are es- timated at 1 ,000 |Vom this ' - to the Genesee river, the surface of the mum! ; - uneven, and may require an extra expense of $1,200 It is proposed to pass the Genesee river, by a dam ten feet high, with a bridge som° distance above it, for a towing path. — The place of passing is a few chains south of the village of Rochester. The width of the river here, when low, is near 130 yards; when raised by the dam, it will spread over the west bank to a width of more than 400 yards. The current is rapid and shallow, in consequence of a considerable • declivity in its rocky bottom. Half a mile below this place, the Messrs. Browns hav e built a dam across the river, eighteen inches high, and secured it im- moveably to the. rock below, by large iron bolts, for less than one dollar per foot, in length. Guided b\ this experience, it is calculated that a dam of the ne- cessary strength, 440 yards long, may be built here for 8,150 Such a dam, 10 feet high, would set the water back three miles, and while it would drown but little land, would render the river navigable, with boats, for rro: e than 30 miles above. The top of it would serve as a waste wier or tumbling bay to discharge the floods of the river, for which purpose, as well as for retard- ing the current, so much as to give safety to the boats towed across the river, its great length would be an eminent advantage. The bridge for a towing- path should be permanent, not floating, like the one over Concord river on the Middlesex canal ; but it might be light, and with so good a foundation to build ♦On, notwithstanding the necessity of security against the current and flood-wood of the spring freshets, it is estimated at 10,00<> On each side of the Genesee river, a lock of three feet lift must be placed, to prevent the floods from extend- 214 CANAL LAWS, Sec. 1817. ing themselves into the canal east and west, in such irpC ' a mal iner as to endanger its banks and fill it with r irst section. ^ sediment. Ihese locks are estimated at $12,000 From the east bank of this river, there must be deep excavation for the distance of seventy chains. It lies through a black ash swamp, of which the upper sur- face is a black soil, resting on clay. For a small part of the distance, the excavation must be ten feet deep, for the rest less. The number of cubic yards to be moved here is 47,055, estimated at 17 cents, 8,O0C abridges, 90C 4 culverts, 40( Grubbing and clearing 6 miles and 24 chains, 6,30( Aggregate of extras on this map, $49,794 Wpenseg,°&cf ' ^ a P No. 12, includes seven miles and 25 chains. Near the west end of this map, after continuing upon one level for almost seventy miles, the line of the canal falls 49 feet. Here six locks will be necessary, es- timated at $60,00( Between these locks and C, are several places of deep cutting, in all of which, 45,600 cubic yards of earth must be removed. This earth is sand and loam, at 20 cents, 9,12( Stone's creek requires a culvert, estimated at 32( Between B and A, are extras requiring 1,53( At Nye's creek an embankment, 1,32< And a large culvert, 38( From this creek to the end of the map, there are five small places of deep cutting, estimated in all at 2,22i 4 bridges, l,20(i. 7 culverts, 70< Grubbing and clearing 6 miles, 0,001 Aggregate of extra's on this map, $82,79! Map No. 13. Map No. 1 3, includes 6 miles and 511-2 chains. There ^xpen.ea, c. are two sma ]} r ' n ]g es at T and R, which will require the excavation of 5000 cubic yards, at 20 cents, $1,00» \t A, an excavation is necessary 157 yards long at the bottom, and 20 feet deep, from its summit. The number of cubic yards to be moved is 13,000, at 30 cents, 3 r 90 and the whole quantity of stone required will be 250 cords. This may be delivered on the spot for .$5 per cord, 1,250 Laying it into the wall at 87 1-2 cents per perch, 1,144 A little east of O, must be a small embankment, to sup- port which, and the natural ridge on which the ca- nal runs for 3 and an half chains eastward, stone walls, 12 feet high, will be necessary on both sides, 687 The hill west of N, is a high pile of sand, of which it will be necessary to move 12,600 cubic yards, at 12 1-2 cents, 1,383 The expense of several small embankments and deep cuttings, from M to the east end of this map, is esti- mated at 9,5 2 "i 7 culverts, 700 3 bridges, 900 Grubbing and clearing 3 miles and 40 chains, 3,500 Vggregate of extras on this map. $53,389 CANAL LAWS, fee. 1817. Map No. 14 includes 6 miles and 26 chains. This v^^v^W map presents a deep cutting 3 miles long, running Fitst section. through a black ash swamp, of which the upper sur- Map No. 14. , . . " , 4 , m. Expenses, &c. face is light muck resting upon a hard clay. The depth of excavation will, in no place, exceed 4 feet ; and it is thought that the extra expense required here will not be more than equal to the removing from the bottom of the canal 2 and an half feet in depth, of this excavation. Let this bottom be IS feet wide, and with the requisite slope of the banks, there must be removed, in this distance, 31,827 cu- bic yards, estimated at 38 cents, .$8,911 For other small expenses on this map, 960 Two bridges, 600 Grubbing 6 miles and 26 chains, 6,325 Aggregate of extras on this map, .$16,796 g Map No. ^15. Map No, 15, includes 6 miles and 65 chains. Near the west end of this map a feeder may be introduced into the canal from Mud creek. And if this feeder should ever prove deficient, a correct examination has ascertained that this deficiency may be amply supplied by one from the outlet of Canandaigua lake, introduced at the same place. The feeder from Mud creek must be 43 chains long, and if it is 20 feet wide and 3 feet deep, it will require the excava- tion of 6,307 cubic yards, at 12 1-2 cents, $7® Several small excavations and embankments are esti- mated, in the aggregate, at 5,14C At Red creek, for culverts, 60( \ feeder from the same creek, a mile long, and exca- vated 3 feet wide, and 3 feet deep, is estimated at 50( On this map are 4 locks, by which the line of the canal falls 33 feet— expense of these locks, 40,00( One culvert, Four bridges, 1 > 20C Grubbing 2 miles and 40 chains, 2,50( Aggregate of extras on this map, $51,S2f N ; J - ^ Map no 16 includes 8 miles and 32 chains. At four little streams between the west end of this map, and the lock east of B, small embankments will be neces- CANAL LAWS, he. 217 irst tection. sary, which, with steep side-lying ground, and deep 1817. cutting, in the same distance, are estimated at ,<-,000 This lock will have a lift of 9 feet, estimated at 10,000 Adjoining the lock east, deep cutting, 1,200 At the end of this deep cutting, a feeder may be conve- niently introduced, from Sherman's mill-pond in Mud creek. This feeder must be 20 chains long ; and if it be calculated 4 feet in width, and the same in depth, it will require the excavation of 782 cubic yards of earth, at 15 cents, 117 For a small embankment at Clark's creek, 100 A mile east of this brook commences a piece of deep cutting, 36 chains long, very favorably situated for disposing of the excavated earth. The depth of ex- cavation no where exceeds 7 1-2 feet, and the num- ber of cubic yards to be removed is 19,100, at 12 1-2 cents, 2,3S7 Other uneven places to the east end of the map, 1,580 Four bridges, 1,200 Ten culverts, 1,000 Grubbing and clearing 60 chains, 750 Aggregate of extras on this map, .$20,334 Map No. 17 includes 10 miles and 51 1-2 chains. At Map No. K, r t Expenses, me. the west end of this map must be a lock of 9 feet lift, estimated at $10,000 All the small inequalities of surface between the lock and the hill west of H, are estimated at J. 1 74 At Battey's brook, which is a permanent stream, a feeder may be brought into the canal by a cut 27 chains long. If this feeder is 6 feet wide, and 4 feet deep, it will require the excavation of 1,584 cubic yards, at 15 cents, 23S The hill west of H, and the one west of I, are composed of sand, and lie on the margin of Mud creek. To pass through them, the excavation of 24,750 cubic yard- is necessary, at 15 cents, 3,700 To secure a passage for the creek here, add 600 East of IIP is a shallow embankment required of 1 7 chains in length. The number of cubic yards to be moved, 6,540. at 20 cents, 1,308 To obviate the difficulty presented by side-lying grtfbnd 28 219 CANAL LAWS, &c. First section. 1817. between this embankment and K, is allowed 551,000 West of K, a piece of excavation is necessary, of which the greatest depth is 16 feet. The earth here con- sists of sand and a yellow slate gravel, and there are 26,410 cubic yards of it to remove, estimated at 25 cents, 6,602 At A, another lock is wanted, of five feet lift, estima- ted at 7,000 Adjoining this lock on the east, an embankment of 5,330 cubic yards is required, at 18 cents, 960 Near the east end of this map occurs a place of deep cutting, 52 chains in length, through a swamp, which no where rises more than three feet above the surface of the water in the canal. It will require the exca- vation of 12,520 cubic yards, at 15 cents, 1,878 5 culverts, 500 5 bridges, 1,500 6 miles of grubbing and clearing, 6,000 Aggregate of extras on this map, $43,460 MapNo.t 8,^ a P No. 18, includes 7 miles and 20 chains. Near expenses, &c. tne west en j f tn j s ma p ? a \ oc ^ f 9 f eet lift i s ne- cessary, estimated at $10,000- At the distance of two and an half miles further east, must be placed another lock of six feet lift, 7,000 Small embankments and excavations from the west end of the map to the last lock above mentioned, 3,700 Adjoining the lock on the east, an embankment over a small brook, to contain 6,800 cubic yards is requi- red, at 18 cents, 1,224 Between this embankment and P, for little inequalities of surface, in the aggregate, 2,000 At P, an embankment over a black ash swamp, 630 From the east lock above mentioned to the end of this map, a distance of near four miles, some provision must be made against the highest floods of the Ca- nandaigua outlet, w ith w hich Mud creek intersects at the village of Lyons. This provision is intended to JVcfe. — The word p^rch-. in thif» report, naiformlv stands for 2-1 solid feet and ifventj- ftve tnradrf hh« CANAL LAWS, fee. be made, by giving to the south bank of the canal, an additional elevation of two feet, which will re- quire a proportionate increase of its width at the base. This enlargement of the south bank, will re- quire for every yard run of its continuance, an extra embankment of 9 cubic yards, amounting in four miles, at 1 5 cents per cubic yard, to 8 culverts, 2 bridges, Grubbing and clearing six miles, Aggregate of extras on this map, $41,458 Map No. 19, includes 6 miles and GO chains. From Map No. 19, 1 ( ' expenses, fcc. the east end of it to the east side of the Seneca river, where the section of Mr. Geddes terminates, is two miles and six chains, which are not laid down on a map, because they pass over a level marsh, where there is no difficulty in choosing the route. The first 3 miles and 76 chains of this map run on a side hill of a gentle slope, presenting few difficulties. — For this distance, the whole expense of excavating the canal, and forming its banks, may be estimated at $5,500 per mile, in all, 21,725 At the end of this side-hill, commences the Cayuga marsh, over which the canal is to be conducted, for 4 miles and 60 chains. When the waters of Seneca river are low, the surface of this marsh is about 3 feet above them ; when they are highest, in the spring floods, it is near two feet below them. At the west end of the marsh the level of the canal is 9 feet higher than the surface of Seneca river, in low water. To secure a convenient passage over this marsh at all times, it is proposed to place a lock of 4 1-2 feet lift at its west end, estimated at G,000 From this lock eastward, there must be an embankment sufficient to preserve the water in the canal, 18 inches above the general level of the marsh. An excava- tion 40 feet wide, and 2 1-2 feet deep, would fur- nish earth enough for these banks, calculating them to be raised two feet above the top water-line of the canal, in order to guard against floods. But the 1817. First section. $9,504 800 600 6,000 CANAL LAWS, &jc. 1817. First section. spongy nature of this earth, renders it indispensable, that in both banks great precaution should be used to prevent leakage. At the Montezuma salt works, a canal has been dug through a part of this same marsh ; which was there found to rest upon a bed of dark blue clay. Let a partition of pile plank, then, extending the whole length of the marsh, be driven through each of the banks. If these plank are seven feet long, and driven into the earth two feet nine inches below the bottom of the canal, they will stand three inches above the upper surface of the water, within the banks. And this, it is presumed, would constitute an adequate precaution against leakage. Constructed in this way, the expense of one chain in length, of both banks, is estimated as follows : — For removing 200 cubic yards of earth, at 20 cents, 024 feet of 2 inch pine plank, jointed, grooved and driven, Gravelling towing path, (whic"h might be done by boats after the water is let into the canal,) $40 32 8 Whole expense per chain, Amounting in 4 miles and 60 chains, to At the east end of the marsh must be placed another lock, of 4 1-2 feet lift, to let the boats which may navigate the canal, fall down to the level of Seneca river, when its waters are lowest ; estimated at In high water the gates of this lock would stand open, offering no delay. A bridge 10 chains long, across the Seneca river, is all that remains to connect this section with that which includes the route between this river and Rome. For all the purposes of a tow- ing path, this bridge may be built as follows : At intervals of 16 1-2 feet across the river, drive down a pair of large oak piles ; connect each pair of these piles by framing on their top a piece of timber 10 feet long; stretch across these pieces of timber, from one pair of piles to another, 4 string pieces 12 inches by 4, and cover them with a flooring of 2 inch oak plank. The expense of such a bridge would be — For each pair ef piles delivered on thespot» $1 $ 80 30,400 6,000 < ANAL LAWS) vv 22! First section. Driving them, £2 1817. Timber connecting each pair of piles and framed on, 1 4 string pieces at 66 cents, 2 64 165 feet 2 inch plank for a floor, 3 36 Add for a suitable railing, 1 50 * Aggregate of every 16 1-2 feet, $11 50 And the whole expense of the bridge is 460 Aggregate of estimates on this map, $64,585 It cannot fail to be remarked, from the foregoing details, that the sources, on which reliance is placed, for feeding the canal on this section, are permanent and most abundant ; and that the country over which it runs, exhibits a singular regularity of sur- face. Tiie route of the canal, as explored, pursues one level for 69 miles and 51 1-2 chains, and another for 20 miles and 40 chains. So uniformly is the declivity to the north, that from the foot of the mountain ridge, to the entrance of Mud creek valley, a distance of more than 90 miles, no stream crosses the canal, except in that direction, and there is not a single mile in which the north bank of the canal will not be the lowest. Recapitulation of Distances and Expenses on this Sec- Rccapitula- TION. ti0n - Whole Estimate $401,271 J?*™ 1,550,985 dol- lars. No. of Ma p. Miles and Chains. Extra Expense. 1 includes 6 42 2 7 34 .$39,137 3 6 11 12,824 4 6 71 28,156 5 6 7:3 18,001 6 6 68 26,111 i 7 58 33,125 ' 8 6 IS 17,153 9 6 42 29,171 10 6 24 1-2 16,656 i 1 (i 24 49,791 12 7 25 82,799 1.3 6 51 1-2 53,369 14 6 26 16,79r, 15 6 65 51,829 16 B 32 20,334 222 CANAL LAWS, kc. 1317. No. of Map. Miles and Chains. Extra Expense. Whole Estim&le. 10 51* $43,460 First section. J 3 7 20 41,458 19 8 66 #64,585 Whole distance, 136 021 $580,193 From dist. deduct 15 28 for 1st and 19th maps. Total amount of extras as above, $580,193 Add to extras for 120 54J being at the rate of) » 9 ^. r£ . $2,250 per mile, after all extras are calculated, \ ® - On this section, which is in general very free from po- rous earth, there are, including embankments 8J- miles, in parts of which, puddling may be required. Little experience, in relation to the expense of this operation, has been afforded in this country ; but it is presumed, from that little, that the whole expense of puddling in these 8| miles, will not exceed $30,000 Total of the foregoing items is $1,347,581 Add for contingencies, 5 per cent. 67,379 Add also for engineers, superintendence, fencing and draining, at the rate of 1,000 dollars per mile, 136,025 The entire expense of this section is $1,550,985 The estimate of 2,250 dollars per mile above adopted for ex- cavation, after all the extras have been calculated, is founded 7 , 7 upon a consideration of the number of cubic yards to be excava- ted in a variety of different slopes, and in level land. A base of 40 feet giving a perpendicular of 228 feet, it is believed comes nearer than any other, to indicating the general slope of this sec- tion. In land lying on this slope, the average dimensions of the canal, would require an excavation, of which a cross section would contain 74.17 superficial feet ; and a similar section of the banks would contain 62.12 superficial feet; and in this case the quantity of excavation necessary, in a mile, would be about 14.500 cubic yards. To this quantity has been added almost a fourth part, making 18,000 cubic yards, which, estimated at 12 1-2 cents, an ample price considering that all the rough places are previously made smooth, and the whole line reduced to the minimum depth of cutting, amount to 2,250 dollars. The Seneca river, at low water, is 194 feet lower than Lake Erie ; and to provide for this descent, 25 locks, besides the two CANAL LAWS, fed. 223 ratrd locks at Genesee river, are located on the canal line. The 1817. lift of some of these locks is small, owing to the unusual even- s — -y ' ness of the country. At places w here there are embankments Mlddk 184 ! • and deep cuttings, of which the dimensions are not particularly stated, the calculations have been such as to give a width of wa- ter, in the surface of the canal, never less than 27 feet. From the end of this section, eastward, to Rome, there is a rise, in the line of the canal, of 48 1-2 feet; thence the line descends to the Hudson. The middle section of the canal extends from Rome to th^ddlewctUw I . , m of the Canal. Seneca river, and is about 77 miles in length. It was surveyed md laid out by Benjamin Wright, Esq. who acted as the engi- neer. Its route is accurately delineated in the maps, profiles uld minutes, herewith presented. As a great part of the route of this section lies through low ands, where the timber is very heavy, with large roots, the esti- nate for grubbing and clearing is at the rate of 1,500 dollars ier mile. This is supposed to be too high, as machines have een invented and successfully applied, for this purpose, which ready facilitate labor and diminish expense. This section begins at Rome, at the point marked A on the lap, the red line designating the route, by courses and distances cc urately measured. Mile 1st. May be considered as excellent for a canal. It Mi!elrt,«- ' penses. ?qiures the excavation of 27,000 cubic yards, at 12 1-2 ,ents, $3,375 'or grubbing and clearing 65 chains, 1,200 $4,575 Mile 2d. Passes nearly the whole distance over swampy or < MiIe 2J cx . >w grounds, which has, however, generally a hard gravelly pense*. iv bottom, at 1 1-2 or 2 feet below the surface. Part of the vamp is miry from S to 10 feet below the surface. The pro- lability is, that owing to the surface being so near a level, no tddling will be necessary. Upon the whole, this mile is good r a canal, and will not require more than an average of four et excavation — it may be estimated thus, or excavation of 20,000 cubic yards, at 20 cts. .$4,000 rubbing, &c. 1,500 $5,500 Mile 3d. Passes over clay and gravel intersected with some Mile 3d, «j- ots of low ground, where there is one foot of black mud, and ,ei?e der that, hard pravtl and clay. Tn this distance, a lock of 6 224 CANAL LAWS, &c, 1817. feet descent will be necessary. The land, where this lock is to * v * be located, will afford an excellent foundation for a lock, and Middle section, tire ground descends so fast as to make it easy of excavation, and to bring the level of the lock-chamber, within a few rods, upon the surface. An aqueduct will also be necessary over Wood creek, of the length of 40 or 50 feet, which must be made of wood, or cast iron, laid upon stone piers, as there is not suffi- cient space below for a regular turned arch of masonry to admit the waters to pass. An embankment of 510 cubic yards will be essential. After passing Wood creek, the ground is clay or gravel, and varies very little from the level to the end of the mile. The expense is for excavation of 21,000 cubic yards, at 12 1-2 cents, $2,625 For grubbing, &c. 1,500 embankment of 510 c. yards at 20 cts. 102 aqueduct over Wood creek, ' 2,500 - $'6,727 Mile 4th, ex- Mile 4th. Passes over clayey and gravelly land, with some penses. small undulations. There are 2 spots below the level, and a ravine with a small brook also below the level. Three culverts may be necessary — 2,200 cubic yards of embankment, and 4,000 of extra excavation, in consequence of cutting off some small points of ridges. ' Expense for 3 culverts, $300 For 24,000 cubic yards of excavation, at 20 c. 3,300 2,200 do. embankment, at 20 cents, 440 grubbing, &lc. 1,500 $5,54( Miie»th,ex- Mile 5th. Passes over ground which is gravelly, mixed witl penses. small flat stones, and its surface is undulating. There are 4 o 5 places where the land is too low, and 4 points of ridges, wher it is from 2 to 6 feet too high. They are all short, and may b avoided by a serpentine course. The ridges consist of grave] and the valleys of clay. The water in Stoney creek is fourtee feet below the level, and here must be an embankment 14 chair long, and 9 1-2 feet high. Two culverts of 7 1-2 feet diamc ter, will be requisite for the passage of the waters of tb* creek, CANAL LAWS, &c. 22 6 Expense for two culverts, $2,000 1S17. for embankment of 5,300 c. yards at 20 cents, 1 ,060 v^^v-w excavation at 12 1-2 cents, 3,7;)() Middle section, grubbing, &c. 1,500 $8,310 Mile 6th, Passes over the same kind of ground as the last. Miie6tb,«x There is an irregular summit between Stoney creek and a small P enscs - brook in this mile ; and some deep cuttings are required to gain a good course. The brook is 8 feet below the level ; from it to the termination of the mile, the ground is very near the level ; and descends gently to the north. Expense for embankment 1,700 cubic yards, at 20 cents, $340 Fori culvert, 100 excavation of 31,000 c. yds. at 15 cents, 4,650 grubbing, &c. 1,500 $6,590 Mile ~th, Passes over a gravelly and sandy soil, good for a Mile 7tb, ex- canal. An embankment 12 chains long, and averaging 5 feet Pe " SeS deep will be required. The one half of it may be saved by a diverging course. In the remainder of the mile is a small stream, which does not require a culvert, and no extra excava- tion is necessary. Expense for embankment of 9,200 cubic yards, at 20 cents, $1,840 For 3 culverts, 300 excavation of 20,500 c. yards, at 12£ cents 2,562 Grubbing, kc. 1,500 $ 6,202 Mile 8th, pasres over gravel, with some mixture of clay and BfileStb sand strata. — There is a ravine made by a brook up which the Ex P en5e, « *^ line passes for 7 or 8 chains. The water in the brook, where it turns north, and leaves the line of the canal, is 5 feet below the bottom of the canal, and may be admitted into it Without injury. Expense for embankment of 1,100 cubic yards, at 20 cents, $220 For excavation of 27,500 c. yards at 121 cents, 3,437 Grubbing, &c. 1,500 ■ $5,157 Mile 9th, is good for a canal, although it passes over swampy ground for a considerable part of the whole distance. In the Expenaes, &c. swamp there is only one foot of mud, and the substratum is clay, 29 326 CANAL LAW'S, Uc, 1817. or clay and gravel mixed. There is a point of a ridge near the v sf—*' commencement of this mile, which is four feet above the level ; Middle section. an ^ t jj ere j g one sma jj streanQj w hich forms no regular bed, but collects the waters of low grounds lying south of the line. It dries up in summer, and may be admitted into the canal without injury. Expense for excavation of 24,100 cubic yards, at 12^ cents, $3,012 For grubbing, &c. 1,500 $4,512 Mile loth. Mile Wtk, in the first part passes over the swampy grounds Expenses, &c. ^ e f ore men ti ned ; and there are one or two islets or spots of hard land in the swamp, over which the line passes, which may be easily avoided if necessary. This hard land is stones mixed with clay. Drum creek, which is 3.L feet below the level, may bo admitted into the canal without injury, as it is a short and slugglish stream, and of course will not introduce much earth. There are some scattering undulations of sand, but the land is generally clay and gravel. Expense for dam across Drum creek, $300 For excavation of 21,600 c. yards at 12^ rents, 2,700 Grubbing, &c. 1,500 $4,500 Mileiitb. Mile llth, passes over some points of ridges from 2 to 4 feet Expenses, fic. a b ove tne ] e vel, which may be avoided by a winding course. Tbey are however narrow, and composed of gravel and loam. After passing them the line runs over excellent ground declining' gradually and uniformly to the north west. The soil is loamy and well adapted for a canal. The extra excavation will be 1 1 ,520 cubic yards. Expense for excavation of 37,520 cubic yards, at 12J cents, $4,690 Grubbing, &c. 1,500 $6,190 E*pelfsef th ic 12th 9 at the beginning passes over a point of land four pe ses, c. a b ove level, which may be avoided by bending a little to the north ; thence it proceeds over loamy land good for a canal, and declines to the north west. The line here passes over two brooks, which will not require culverts, if it is desirable to take tjiem into the canal. The westerly brook will require some em- bankment. There is a little ridge west of the brook, that might fre shunned, but the deep cutting would produce sufficient earth lo make the embankment. The general declivity of this mile i> CANAL LAWS, fee. 221 from one to three degrees. Expense for excavation oi 27,000 IS 17. c yards at 12^ cents, $3,375 1 v ' For culvert, 100 Middle section, Grubbing, he. 1,500 #4,575 Mile loth, continues on loamy gravelly soil like the last, with Mile istb. the desired level and the favorable declivity. At the distance of Ex P enBe? > 25 or 30 chains on the line, the ground rises gradually to 1 1-2 feet above the level, and continues so for ten chains, when it gradual- ly declines to the required level and then below it. There are two dead swampy streams, where embankments will be necessa- ry, and where culverts will probably be wanted. A few strata of sand on this mile, and for the last part the ground is swampy md very flat. The embankments will be 1,800 cubic yards. The water stands on the surface of the ground, which retains it. Expense for embankment of 1,800 c. yards at 20 cents, $360 For 2 culverts, 200 For excavation of21,600c. yards at 12 1-2 cents, 2,700 For grubbing, kc. 1,500 $4,760 Mile 14M, begins in swampy grounds, the timber hemlock, Mile I4(f>. ind the surface covered with moss. At 15 chains distance, there Ex P enaf ^ s a small brook requiring a culvert 3 1-2 feet below the level, md also an embankment 150 feet long, of the average height of 5 feet. Alter passing the brook the ground is 1 1-4 foot too low or 10 or 12 chains to another brook laying only 3 1-2 feet below he level. Soon after leaving the last brook the land rises to hree feet above the level, and lays in ridges, crossing the line at ight angles. This elevation continues for 14 or 15 chains, vhen the line falls to the level, and soon after too low by 13 feet in i ravine, where the top length of the required embankment will be ' chains and 80 links. After passing this ravine, the line may be ontinued straight, or by making a bend a part of the embank- ment may be saved. The straight course is to be preferred. Expense for embankment of 5,170 cubic yards, at 20 cents, $1,034 "or excavation of 24, 100 cubic yards, at 12J cents 3,012 or 1 culvert, 100 Grubbing, hv. 1,450 #5/896 CANAL LAWS, &c. ■ 1S1T. Mik 15^, requires, in order to cross the Oneida creek, an 1i — v"—* ' embankment of 50,600 cubic yards,, and an aqueduct of 100 feet Middle section j n ] en g tn> After crossing the creek, the course is straight and Expenses, &c. good, the ground being in some places a little too high. Near the end of this mile is a place where water runs most of the year, where a culvert will be required, and an embankment of 3 chains long, averaging 3|- feet high. In this swampy ground the soil is sandy. Expense for embankment of 50,600 c. yards, at 20 cents, $10,120 For aqueduct of wood over Oneida creek, 5,000 excavation of 17,460 c. yds. at 12-J cts. 2,175 another embankment of 1,200 c. yards, 240 1 culvert, 100 grubbing, &c. 1,075 $18,710 Mite 16th. Mile 16th, passes over a very flat country, and the soil is Expenses, &c. sanc jy l am with some gravel on the ridges, interspersed by narrow glades of ash timbered land, which has from 1 to 2 feet of black mud and then hard clay. The general face of the country declines a little to the north west. 1,500 cubic yards of excavation will be required. Expense for excavation of 21,600 cubic yards at 15 cents, $3,240 For grubbing, he, 1,500 $4,740 Mile 17th. l" 7 ^ passes over ground like the last for thirty chains, Expenses, &c, wnen tne bottom land along Cowaslon creek commences. An embankment of 14,000 cubic yards, to keep the level, will be re- quired here. This embankment may be avoided by passing through a cedar swamp. The first course is perhaps the best, Expense for embankment of 14,000 cubic yards, at twenty cents, $2,800 For aqueduct of wood over the Cowaslon, 2,500 excavation of 17,500 cubic yards, at 12 1-2 cents, 2,187 grubbing, he, 1,300 $8,787 In this mile, a feeder of 2 miles and 70 chains in length, may be introduced from the Oneida creek. This feeder may be made navigable, as a lateral canal, to Oneida Castleton, a village at Oneida castle owned by the state. ( ANAL LAWS, fee: 22 which renders a considerable embankment necessary, and the Middle section . estimate is formed upon that presumption, although a less ex- pensive route may probably be adopted. This creek may be used as a feeder. It affords one fourth as much water as the Chitteningo, and rises from springs. Expense for embankment of 20,000 cubic yards, at 20 cents, $4,000 For excavation of 18,500 cubic yards, at 12 1-2 cents, 2,312 Aqueduct over creek, 2,000 $8,312 Mile 29th, ex- Mile 29th, is as conveniently formed for a canal as may be, p nse, c a descent north, of from two to five degrees, and a soil of black and chocolate loam. Expense for excavation of 26,000 c, yards, at 12 1-2 cents, $3,250 For grubbing, he. 1,500 $4,750 Mile 30th Mile 30th is excellent, and passes only one stream of water, Expenses, which is two and an half feet below the top water-line of the ca- nal, and which must be admitted into it. This can be done without injury, as there is a inill-dam building a few rods above this place, where all the alluvion will be deposited, and the water discharged into the canal tolerably pure. Expense for excava- tion of 26,000 cubic yards, at 12 1-2 cents, $3,250 dam, 500 grubbing, &c. 400 $4,150 Mile 3lst. Mile Slst f passes over excellent ground, except a small eleva- Expenses. t jj rce anc j all half feet above the level. Expense for exca- vation of 27,000 cubic yards, at 12 1-2 cents, $3,375 For grubbing, he. 1,500 _ $4,875 Mile 32d **^» * s a ^ s0 exce ^ ent except an elevation, the highest Expenses, point of which is fourteen and three fourths feet above the top water-line, and which will require an extra excavation of 23,500 cubic yards. Expense for extra excavation of 23,500 cubic yards, which may be partially saved by lengthening the canal at 20 cents, $4,700 For excavation of 26,000 cubic yards, at 12 1-2 cents, 3,250 trrubbinc, &c 1,500 _ «$,45C CANAL LAWS, fee. Expensei Mile 33d, is excellent until it reaches the valley of tlie outlet 1817. of the little lakes, where an embankment is required. Here a 7* 7 1 Middle section* reservoir might be made at little expense. Expense for embank- Mile S3d, inent of 15,000 cubic yards, at twenty cents, $3,000 For aqueduct, 200 excavation of 18,500 cubic yards at 12 1-2 cents, 2,312 $5,512 Mile 34th. Expenses. Mile35tb. Expense.-, .Mile 34th, is all excellent for a canal, running along at the foot of a hill ; the ground descending three degrees generally, and well adapted for excavation. Expense for excavation of 20,000 cubic yards, at 12 1-2 cents, $2,500 For grubbing, fee. 1 ,500 $4,000 Mile 35th, passes over a low place requiring a small em- bankment. In another place the ground is full of springs, which may be all admitted into the canal. In one place the line runs on a steep side-hill, requiring some additional work. The residue of the mile is excellent. Expense for excavation of 20- 000 cubic yards, at 12-12 cents, $2,500 For extra work in moving earth to low places, 700 $3,200 Mile 36tk, commences with the steep bank mentioned in the MfleaWu last, after which the ground assumes a more regular and easy f vmm slope, and is good for a canal until it reaches Lime-stone creek, which will require an embankment four and a half feet high and fifteen chains long. The water of the creek is 4.89 feet below the top water line. By deepening the bed of the creek, and doubling its width, the water may be made to pass under a wood or cast iron aqueduct. After crossing the creek the ground is excellent to the end of the mile. Expense for embankment of 8,300 cubic yards, at 20 cents, $1,660 For aqueduct, 5,000 e\tra work on steep bank, 1,000 excavation of 20,000 cubic yards, at 12 1-2 cents, 2,500 grubbing, fee. 300 1 10,160 Mile 37th, commences by cutting off the point of a hill. It then crosses a swamp for 32 chains, which is two feet too low. The swamp appear? verv soft, is covered with cedar ami pine* 30 Mil « 37th, E'spensc*. 234 CANAL LAWS, &c. Mile 38th. Expenses. 1817 and a stake may be driven down ten feet. No serious difficulty Middiesection 1S apprehended in carrying the canal over it, but the embank- ment will be more than it appears, owing to the sinking of the mud of the swamp. There are three spring brooks in it, which may be made to fill a canal dug two feet in the present swamp, and that would enable dirt-boats to pass from hill to hill, for the purpose of taking earth to make this embankment, as easy as it could be carted on. After passing this swamp, there is no ob- stacle to the end of the mile, the ground descending north from three to four degrees. Some springs come out of the hill on or about the level. Expenses for embankment of 9,000 cubic yards, at 20 cents, $ 1,800 excavation of 26,000 cubic yards, at 12 1-2 cents, 3,250 grubbing, &c. - 1,500 $6,550 Mile 38th, passes over excellent ground at the foot of a hill, until it reaches the low ground adjoining Butternut creek, which will require an embankment and an aqueduct. Water may be obtained by a feeder from this creek of the length of three fourths of a mile. Expense for embankment of 19,000 cubic yards, at 20 cents, $3,800 For aqueduct, 5,000 excavation of 16,000 cubic yards, at 12 1-2 cents, 2,000 grubbing, &c. 1,100 — #11,900 Mile 39th, is over excellent loamy soil, with a north descent of from one to three degrees, and one spring brook which may be admitted into the canal without injury. Expense for excavation of 20,000 cubic yards, at 12 1-2 cents, #2,500 For grubbing, he. 1,150 #3,650 Mile 40ih, passes over loam, and is as good as could be wish- ed. Expense for excavation of 20,000 cubic 3'ards, at 12 1-2 cents, 2,500 For grubbing, &c. 1,150 $3,650 Mile A\st, is excellent for a canal, the soil being loamy and E»pen«9» gravelly, with a descent of from one to two degrees notherlv Mile 39lh. Expenses. Mile 40th. Expenses. CANAL LAWS, &e. Mile 42c'. Expenses. Mile 43d. K\p< n>r ; Several copious springs of water come out 01 the hill on the left 1617. above the canal, which may be admitted into it without injury. ' v ' The hill on the left is 200 feet high and steep. Expense for e x- Midale8cction cavation of 26,000 cubic yards, at 12 1-2 cents, 3,250 For grubbing, &,c. 1 ,500 $4,750 Mile 42rf, begins in swampy ground, which it passes over at the northerly edge, md then runs along the hard land. The swamp is eight inches below the level, on an average, and is an open bog with no bottom of hard stuff within ten feet. After gaining the hard land the ground is gravelly and good to the end of the mile. Expense for excavation of 26,000 cubic yards, at 20 cents, 5,200 For grubbing, &c. 1,500 $6,700 Mile 43d, is gravelly, except a short distance of cedar swamp with moss bottom, but in fact hard and good ground. A small spring brook may be admitted into the canal without injury. Expense for excavation of 26,000 cubic yards, at 15 cents, 3,900 For grubbing, &c. . 1 ,500 $5,400 Mile 44^, requires two locks, there being a descent of 19 feet ; an aqueduct over the Onondaga creek, two culverts and considerable embankments, which will cost 25 cents per cubic yard, owing to the difficulty of obtaining earth. Expense for excavation of 12,000 cubic yards, at 12 1-2 cents, 1,500 For embankment of 31,600 cubic yards, at 25 cents, 7,900 2 culverts, 300 aqueduct 200 feet long and 30 feet high, 10,000 grubbing, &c. 750 $20,450 Mile 4oth, is occupied by the Salina plains, and is all too low, Miie45ib, the ground hard and gravelly, excepting along Harbor creek, Ex P en5 * ? which is a cedar swamp. Four culverts will be necessary, and an embankment of 130.500 cubic yards, at twenty-five cents pt r yard, and an aqueduct over the creek. Expense for four cul- verts, $450 For embankment. 32,625 aqueduct, 1,000 Mile44tb. Expenses. $34,075 CANAL LAWS, fee. 1317, Middle section Mile 46th. Expenses. Mile 47th. Expenses. Mile 48th. Expenses. Mile 46th, although excellent for a canal, with a loamy soil] will require considerable embankments, besides culverts and ex- cavation. It is supposed that the route here may be more ad- vantageously arranged. Expense for embankment of 19,510 cubic yards at 20 cents, $3,902 For four culverts, 7 50 excavation of 22,000 cubic yards, at 12l cents, 2,750 grubbing, &c. 600 Mile 49th. Expenses. Mile 50tb. Expenses- $8,002 Mile 47 th, descends gently to the north, and contains a rich black gravelly loam, is excellent for a canal except a ravine, which will require an embankment. Expense for embankment of l ,450 cubic yards, at twenty cents, $290 For one culvert, 100 excavation of 26,000 cubic yards at 12 1-2 cents, 3,250 grubbing, &c. 1,500 *5,1- Mile 48th, passes over smooth good land for a canal, with a gradual descent of from one to two degrees north until it ap- proaches the swamp of Mill brook. Here the land is nearly level, and there is one foot of mud 5 but gravel and clay helo\ There are several small spring brooks in the swamp, which may be received into the canal. Mill brook is 4.96 feet below the water line of the canal. A dam one hundred feet long must be raised across this creek, four feet ten inches high ; very little embankment is wanted. Expense, for excavation of 26,000 c. yards, at 12 1-2 cents, $3,250 For dam across Mill brook, 750 grubbing, &c. 1,500 $5,500 Mile 49th, is excellent. One small culvert and a few yards of extra excavation are wanted. Expense, for one culvert, $100 For excavation of 26,000 c. yds. at 12 1-2 cents 3,250 grubbing, &c. 1,200 $4,550 Mile 60th, is uncommonly good for a canal. Expense for ex- cavation of 20,000 cubic yards, at 12 1-2 rents, #2,500 CANAL LAWS, &c. 237 For grubbing, &c. 1,400 1817. $3,900 v^v-w/ Mile 5\st, soon after its commencement, turns north, to pass M *Miie Slit" over the Nine mile creek, and crosses a piece of low clay ground, L *P cnses - the lowest of which is 2.84 feet below the level, but rises gradu- ally to it each way. The nature of the soil, and the very little extra earth wanted to make the banks, warrant a belief, thu' nothing need be added to the expense, in order to make a canal across it. Near to the Nine Mile creek the line rises so as to be 2.89 feet above the banks, and the water of the creek is four feet deep on an average, and 1 1.82 feet below the top water line. This is a mill pond, and the water may be settled four feet by carrying the dam ten or twelve rods up the stream, so as to be above the canal. If an aqueduct of wood or cast iron is constructed, there will be no necessity of altering the dam. The eight feet below the bottom of the canal will make the elevation of the aqueduct sufficient, as the water never rises more than four or five feet in the greatest freshets. This aqueduct will be 200 feet long. — After passing the creek the bank is 3 1-2 feet above the level, but the ground soon descends to the level. The earth is loam and easy of excavation. Farther on there are two small ravines, in which there is no water, but embanking, and perhaps culverts or cast iron pipes of six inches diameter, ought here to be placed, in order to drain off the waters that may collect above the canal. A feeder may be easily made to bring the waters of the creek into the canal, which will, at the same time, serve as a branch canal, and without any lock will carry navigation up to a very large quarry of excellent gypsum. Expense, for excavation of 28,500 cubic yards, at 12 1-2 cents $3,562 For aqueduct, 10,000 three culverts. 300 grubbing, &c. 500 $14,362 Mile 52d, presents excellent ground for a canal, which is loam, Mile 52d. and descends easterly. There are four small and short ravines, ExpeMe *' requiring three culverts, of which two may be cast iron pipes of ► |six inches diameter. The other ought to be of three feet diame- ter. A little extra excavation will be requisite. Expense, for embankment of 2,100 cubic yards, at 20 cents, $420 For three culverts, r,nr» CANAL LAWS, $tc. 1817. excavation of 28,500 c. yds. at 12 1-2 cts. §3,502 v v / grubbing, &c. 1,500 Middle section. ^ ^g<£ Mile 53d. Mile 53d, passes over excellent land, a mixture of clay and Expenses. Yoam, lying with a descent of from one to two degrees north. — There is a small run of water, where an embankment four feet high will be wanted, and probably a culvert or cast iron pipe. — Expense, for embankment of 2,500 cubic yards, at 20 cents, $500 For one culvert, 100 excavation of 26,000 cubic yards, at 12 1-2 cents, 3,250 grubbing, &c. 1,500 $5,350 &Kle54tb, Mile 54th, requires some culverts and extra excavation. A Expenses, f t ] ie |j ne p asses along the edge of a brook, where there is a steep bank a little too high, and at the foot of it a flat four or five feet too low, and this edge of the bank must give the earth to make the bank below sufficiently elevated. Expense, for 3 culverts, £300 For excavation of 28,500 cubic yards, at 12 1-2 cents, 3,562 grubbing, &c. 950 #4,812. 55th. Mile 5bth. commences at the beginning of a deep cutting Expenses. t | iroU g| 1 a m ar\ meadow swamp. The soil is all soft and musttx removed by manual labor, and the work must be so managed a; to drain the lands as it proceeds. As the ground is all swamf and very bad, the excavation is set down at 50 cents per cubii yard. Expense, for extra excavation of 77,400 cubic yards, a 50 cents, $38,700 For mean excavation of 26,000 cubic yards, at 12 1-2 cents, 3,250 grubbing, he. being very bad, 3,000 $44,95(' Expens*! ^ e * s a contmuat ' on °f tne same swamp. Expens' for extra excavation of 98,000 cubic yards, at 50 cents, $49,000 mean excavation of 26,000 cubic yards, at 12 1-2 cents, 3,250 srubbine:, &c. 3,000 $55,25 CANAL LAWS, Sec. j 3., Mile hlth, contains the west end of the same swamp. Expense, 1S1T. For extra excavation of 44,000 cubic yards, v v ' « 2T5 cents, £8,800 "SSXtit* mean do. of 26,000 do. at 12 1-2 do. 3,250 Eipe**. grubbing, &c. 2,000 £14,050 Mile 58th, Mile 58* A, passes over alvery flat piece of ground, requiring a little extra excavation at the east end. Hand's brook and Camp's **9^> brook will both fall into the canal on this mile ; and it is not easy find a method to dispose of the water of the former, while the anal is digging. For this purpose it will perhaps be necessary create for it a new channel. Expense, ^or excavation of 28,500 cubic yards, at 15 cents, $4,275 extra labor to divert Hand's brook, 1,500 grubbing, &c. X ] 5Q0 Ml $7,275 Mile o9th, is all excellent, requiring nothing extra but a cul- Mile 59th. ert. Expense, Expenses, or excavatiou of 26,000 cubic yards, at 12 1-2 cents ' $3,250 1 culvert, 100 grubbing, ike 1?400 -$4,750 Mtle 60th, is excellent, exfcept a little low ground, which will Mi,e 6u,li quire small embankments near Carpenter's brook, and at ano- er place. A dam must be erected across the brook 150 feet ng. As the water in the brook is 6.08 below the level, a dam ,six feet high will make the water in the pond on a level with ,2 canal. Expense, for excavation of twenty thousand cubic rds at twelve and an half cents, «2,500 » the dam above mentioned, ■' j 'g 00 embankment of 1,100 cubic yards, at20 cents 2*0 Ebbing, &c. ' \r 1 $6,020 we but, passes over a summit between Carpenter's brook Mile 6I*i the Skaneatelas outlet. The swamp is from one to three ^ ^ I " 0m P° sed ° f * 'oft mossy spongy substance, and then a euy clay. Expense, for excavation of 29,000 cubic yard. Srubbtng, fee. { m) $6.7 JO 1 24a OANAL LAWS, &c. 1817. v v * Middle section. Mile 62d. Expenses. Mile 63d. Expenses. Mile 64th. Expenses. Mile 62c?, passes over very suitable ground for a canal, with the exception of the point of a hill, until it arrives at the low land, which extends to the Skaneatelas outlet. A little embank- ment and a small culvert are required. Expense, for extra exca- vation of 2,300 cubic yards, at 18 cents, $424 embankment of 960 do. at 20 cents, 192 excavation of 22,000 do. at 12 1-2 cents, 2,750 1 culvert, 100 grubbing, &c. 1 500 $4,956 Mile 63d, requires a very small embankment where it begins. Thence to the Skaneatelas outlet is all flat bottom land. The w ater of the stream is rapid, and the surface is 5.66 feet below the level. A dam raised to that height would do no injury, as it would not overflow 1 1-2 acres'of land, and there is no mill be- low this point to the junction of the outlet with Seneca river.— A little embankment on the west side of the outlet will be neces sary ; or perhaps a dam 200 feet long, for the water to wast over, would be advisable. The remaining embankment is a small as to require little or no estimate of expense. At the latte end of the mile, the ground is very favorable (with the exceptio of a small piece requiring extra excavation) and declines froi one to two degrees northerly. There is a brook only 1.50 fe< below the level of the top water line, which will require a culver or perhaps it may be admitted into the canal without injury, if small dam is made across it two or three chains above, to depoi alluvion in case of freshets. Taking the waters of this broc will not injure farms below, as they are lost in a swamp. E pense, for dam raised on piles and embankment with it, $2,000 For excavation of 22,000 c. yds. at 12 1-2 cts. 2,750 1 culvert perhaps grubbing, he. 500 $5,3 1 Mile 64th, is all excellent for a canal ; the ground descei i northerly. The excavation is easy, the soil being loamy, i point of a hill of which the summit is nine and a half feet ab( ■ the level, must be cut through ; and there is a low place at 3 west end, requiring some earth to straighten the course, pense for embankment and extra excavation, $800 For excavation of 24.000 c. yds. at 12 1-2 cts. 3.000 CANAL LAWS, be. grubbing, &c. $1,200 181 $'5,000 Mile 66th. Expense?. Middle section. Mile 6bth, is equally excellent, except a small point of land, Milc65th . 6.75 feet above the level, where the line is rather circuitous, in Expenses, order to avoid a cedar swamp. Expense, for excavation of 27,000 cubic yards, at 12 1-2 cents, $3,375 grubbing, he. 1,500 $4,875 Mile passes over the points of several elevations, which rise from two to six feet above the level, and may be avoided by a very crooked course. They are all easy to excavate, and will require no deep cutting exceeding six feet, and generally on each side of them the ground will require a little raising. Expense, For extra excavation of 3,700 cubic yards, at 20 cents, $740 mean excavation of 26,000 do. at 12 1-2 do. 3,250 grubbing, &c. 1,500 $5,490 Mile tilth, lays with a northerly descent of from one to two Mile 67th degrees, and is a rich black loam. A culvert and a little em- bankment will be necessary. The line runs over some ground a little above the level. At one place runs a small stream, which may be let in without injury. Expense, For excavation of 27,000 cubic yards, at 12 1-2 cents, £3,375 2 culverts, 200 embankment of 2,000 cubic yards, at 20 cents, 400 grubbing, &c. 900 $4,875 Mile 6Qth> begins a little east of Bread creek. On the flat or bottom land, made by the creek, there are some places three feet below the level (where water runs in very great freshets) which may be rendered good with little expense; and perhaps a small culvert may be necessary here. Bread creek is only 4.85 feet below the top water line. This is a rapid stream, and the best plan to cross it is to erect a dam. The alluvion of the creek might be kept out of the canal by erecting stop gates, on each side of the pond, which would oblige the water to pass over the dam ; or, in addition to this, waste gates might be so fixed in the dam as to draw from the bottom of the canal, and the water thus discharged would carry ofl* all the alluv ial matter through these 31 Expenses. Mile Mh Expenses. 242 CANAL LAW S, &e. 1817. waste gates. After crossing this creek the ground is excellent, m^IT*""*^ witn a gentle declination to the north, until near the end of the Middle section. T mile, where a culvert maybe wanted. Expense, For a dam on piles across Bread creek, $ 1,500 excavation of26,000 cubic yards, at 12* cents, 3,250 1 culvert, 100 grubbing, he. 300 $5,150 Expenses' 69$, descends from one to two degrees northerly, and is all excellent for a canal. One small culvert will be necessary. Expense, For excavation of 26,000 cubic yards, at 12- cents,$3,250 1 culvert, 100 grubbing, &ic. 250 ■ $3,600 Ex^e^f 1 *' 70$, commences near Spring brook, which is 4.97 feet below the level. A dam of that height would give the water in the pond the requisite level. Some raising of the banks is ne- cessary near the creek, as the flat land along it lies about two feet below the top water line. Between Cold spring and Tyler's brook the ground is above the level, in one place near four feet, declining each way. The deep cutting here is no serious objec- tion to a straight course. Expense, For extra excavation of 11,400 cubic yards, at 15 cents, $1,710 mean do. of 26,000 do. at 12 1-2 do. 3,250 dam across Cold spring brook, 1,000 $5,960 Mir e ?lst. Mile list, is good for a canal. Some little extra excavation xpenses. ^ necessar y at tne eas t en( j. Near the west end the ground is too steep, where in some places the descent is six or eight de- grees. The Tyler's brook is a small stream, only 1.50 feet be- low the bottom of the canal, into which it may be brought. If, however, this produces too much alluvial matter, it may be con- veyed over the canal. Expense for excavation of 27,000 cubic yards, at 12 1-2 cents, $3,375 Extra labor to dispose of the water of Tyler's brook, 500 Grubbing, &c. 1,000 $4,875 and 16 chains of it lies through woods. Expense for excavation of 26,800 cu- bic yards, at 12 1-2 cents, $3,350 For 2 culverts, 200 grubbing and clearing, 300 ■ $3,S50 Mile 5th. j\JH e 5th passes over land of a description similar to the last. Expenses, &c. 1 . rri except that 64 chains lies through wood land. There are two small runs of water, which may be admitted into the canal without in- jury, or if passed under, they will require two culverts. Expense for excavation of 34,190 c. y. at 14 cts. $4,786 2 culverts, 200 grubbing, &c. 1,200 $6,186 £xpenses 6tl &c P asses g enera Hy over clay an elow the level, and a canal, from a woollen manu factory, whic CANAL LAWS, fcc. crosses the line here, is 5.30 feet below the level. A culvert will be wanted for the little canal, and large water-ways for the creek ; but these will be provided for in the estimate of an aqueduct, by which the creek and canal will best be passed. By throwing a dam across the Oriskany, 5 feet high, at a point 46 chains above the line, the water may be brought in a feeder, inter the canal, as represented on the map. Expense For aqueduct over creek and canal, £15,000 excavation of 20, 500 cubic yards, at 12 1-2 cents, 2,575 embankment near the 48th station of 2,0 10 cubic yards, at 20 cents, 528 feeder 4G chains long, requiring the excavation of 12,130 cubic yards, at 15 cents, 1,710 embankment on feeder, of 2, 8 10 cubic yards, at 20 cents, 562 dam and guard gate, 1,000 $21,384 Mile 9th, passes generally over a soil composed of sand and MUe§Wfc, loam, easy to excavate. The route passes over the side of the ExpenS€5 ' * cC ' Oriskany hill, which is in some places very steep, and which has at its foot a miry cedar and tamarick swamp. A ravine must be crossed where it is one chain and fifty links wide, and 6 1-4 feet deep. This will require an embankment and small calvert. By a route bending to the north, the deep cutting might be avoided. Expense for excavation of 40,200 cubic yards, at 12 1-2 cents, 5,025 For 1 culvert, 100 £5,125 Mile 10th, passes over earth easy to be excavated, but con- siderably uneven. Three small streams, requiring two culverts Expenses, ic. cross the line. These streams rise in a sandy hill, considerably above the level, and in freshets bring down much sand in their waters. But if it should be thought advisable, they may be let into the canal, by a side cut, with very little expense, and with- out injury. Expense for excavation of 27,000 cubic yards, at ,12 1-2 cents, $3,375 ?or embankment of 6,260 cubic yards, at twen- cents, 1,252 I 1 culvert, 250 $4,877 250 CANAL LAWS, fee. 1817. Miles 11 and 12th, are described together. The first part of the 11th mile passes over level ground, and near the edge of the bank above the bottom land. Here two routes have been ex- , , plored for a short distance, (see map.) If the north route is M.les 11th and r ' v v 1 12th, expenses, adopted, which is probably the best, an embankment of 45 chains long, and from 7 to 8 feet high, will be necessary, with a culvert sufficient to pass the waters of the Sadaqueda creek, which is 50 links wide. The bed of this creek is 11 1-2 feet below the level. Near the easjt end of the 12th mile, is a ravine requiring an embankment of 4 chains long, and from 4 to 13 1-2 feet high, under which must be a culvert to pass a small stream. If the south route should be adopted, less embankment will be ne- cessary, but deep cutting will be incurred ; besides it is proba- bly more difficult to cross the mill canal, than the stream below, and the old bed of the stream must be crossed in either case. Expense of Mile 11th, for embankment of 28,000 cubic yards, at 25 cents, $7,000 excavation of 14,520 do. at 12 1-2 do. 1,815 embankment of 4,220 do. at 20 do. 844 £9,659 Mile 12th, embankment of 39,900 c. yards, at 25 cents, 9,775 2 culverts, 250 aqueduct over the Sadaqueda creek, 6,000 excavation of 7,000 cubic yards, at 12 1-2 cents, 875 $17,100 Mile 13th, Mle 13th, passes over loam, of which the excavation is verj Expenses, &c. eaS y # \i descends gradually to the north. Two culverts will be required. Expense for excavation of 26,800 cubic yards, at 2( cents, $3,350 2 culverts, 250 $3,60( Mile 14^A, passes over earth easy to excavate, and it decend Mile 14th, gently to the north. At Nail creek an embankment will be re Expenses, &c. qu | red of 8 cnams i n length, on the top, and 6 chains long oi the bottom. The bed of the creek is 14 1-2 feet below the le vel; it is also 30 links wide. Here must be a culvert. If tli north route of the canal is adopted, (see 11th mile) an embank ment on the last part of this mile will be required, of 20 chain CANAL LAWS, fcc g&J 'long, and from 5 to 8 feet high, and this embankment extends in- 1817. to the next mile. If the south route is adopted, there will be re- v v ' . , „ , . tai Eastern sec- quired from 3 to 4 feet extra deep cutting for 34 chains. Kx-tion. pense for embankment of 17,240 c. yds. at 20 cts. #3,448 excavation of 41,200 cubic yards at 15 cents, 6,180 aqueduct over Nail creek, 500 #10,128 Mile 15th, on the north route, will require from its com- ■ Mile 15th - ^ • Expenses, &c» mencement, an embankment from 5 to 20 feet high, and 44 chains long, including Ballou's creek and ravine, where a culvert will be wanted, larger than common, as the creek is 50 links wide, and large enough in the spring to carry a grist-mill, though nearly dry in the summer. On the south route, there would be required about 60 chains of extra deep cutting, and an embank- ment over Ballou's creek and ravine, of 4 chains and 50 links in length, and from 12 to 15 feet deep, including the culvert- Expense for excavation of S5,000 cubic yards, at 12 1-2 cents, $10,625 For embankment of 6,300 do. at 20 do. 1,260 aqueduct over Ballou's creek, 500 $12,385 jMilc 16th, passes over a gravelly loam, descending to the Miiei6th, lorth. An embankment is necessary, 2 chains long and 14 i_2 Expenses ' &c ' eet high, with a small culvert under it. Expense for embank- nent of 4,920 cubic yards, at twenty cents, #984 culvert, 100 excavation of 32,000 cubic yards, at 12 1-2 cents, 4,000 #5,084 Mile 11 th, passes over land like the last. Clark's creek and avine cross the line, where an embankment will be wanted, 4 ExpensM^&c., hains and 50 links long on the top, and 3 chains 50 links at the ottom, and 13 1-2 feet high, including a culvert. This creek ises high in the spring, and its bed is 30 links wide. Another mbankment is necessary on this mile, to be 3 chains 50 links mg on the top, and 2 chains 50 links at the bottom, and 6 1-2 et high, including a small culvert. Expense for embankment f 14,560 cubic yards, at 20 cents, #2,912 excavation of 35,200 do. at 15 do. 4,280 aqueduct over Clarke's creek, 500 2 culverts, 600 .$8:293 £52 CANAL LAWS, &c. 1817. Mile 1 8^, passes over sand, gravel and loam. Several creeks, ^-v ' runs and ravines cross the line, requiring embankments and cul- tion. verts, as follows : 1st ravine, 2 chains 50 links long on the top, ,„ ti , , and 50 links less on the bottom. It is 11 1-2 feet deep, and re- Milel8th, . 1 Expenses, &c. quires a culvert. The 2d ravine is 1 chain 50 links long on the top, and 1 chain on the bottom, and 17 1-2 feet deep. The 3d is 2 chains 25 links long on the top, 1 chain and 25 links on the bottom, and 11 3-4 feet deep. The 4th is Ferguson's creek, 25 links wide, and 6 3-4 feet below the level, and may be made still lower 4 or 5 feet. This creek rises in a hill, and in a wet season swells much over its banks. Here a small embankment will be required of from 1 to 2 1-2 feet high, and 8 chains long. Ano- ther ravine and run cross the canal west of Ferguson's creek, of 2 chains 25 links across on the top, 1 chain 25 links on the bot- tom, and 6 1-2 feet deep, where an embankment will be necessa- ry. Expense for excavation of 55,120 cubic yards, at fifteen cents, $8,268 embankment of 14,615 do. at 20 do. 2,923 5 culverts, 1,000 $12,191 Mile 19th, Mile 19th, passes over land easy to excavate, but includes 6 Ejpenses, &e. gma ]j cree k s anc j rav ines, where so many embankments and cul- verts will be required. Expense for excavation of 23,500 cubic yards, at 12 1-2 cents, $2,937 embankment of 18,926, at 20 do. 3,787 6 culverts, 600 — $7,324 Mile 20th 20 ^> passes generally along a pretty steep side hill, the Expenses, &c. soil being of sand and loam. Dederick's creek crosses the line, and requires an embankment 2 chains long, and 111-2 feet deep, where a culvert is necessary. There are, besides this creek, four small runs, requiring three culverts. Expense for embank- ment of 3,820 cubic yards at 20 cents, $764 excavation of 26,800 do. at 12 1-2 do. 3,350 4 culverts, 400 $4,51' Mile 2ist- Mle 21st, passes over ground easy to excavate, and generalh Expenses. on a side-hill. The surface is here uneven, requiring several small embankments and culverts. Expense, For embankment of 4,000 c. yds. at 20 cents, $800 excavation of 38,330 do. at 12 1-2 do. 4/791 ( ANAL LAWS, &c. 25c tion. Mile 22d. Expenses. Mile 23d. Expenses. Mile 24th. Expen»es. ( • 4 culverts, 400 1817. £5,991 w-v-w Mile 22d, passes over uneven land, easy to excavate, in which, (i( Ef beside smaller ones, there is a ravine requiring an embankment i 6 chains long, and from 12 to 16 feet deep. Expense for an embankment of 18,930 cubic yards, at 20 cents, £2,7SG For excavation of 3S,000 do. at 12 1-2 do. 4,750 5 culverts, 800 £8,336 Mile 23d, passes over land which is, in some places, wet and Stony, but generally consists of sand, loam and gravel. Here is a brook, 30 links wide, running in a ravine, which requires an embankment 3 chains long and 1G 1-2 feet high. Expense for excavation of 51,500 c. y. at 15 cents, $8,725 For embankment, 9,170 do. at 20 do. 1,S34 1 culvert, 200 £10,759 Mile 24th, passes over 1G chains of bottom land, and the rest stony and gravelly. Here are several ravines and runs of water, of which the principal one is Meyer's creek, which in time of high water is a mad stream overflowing the flats. There are, however, in this mile, no difficulties which may not easily be ! overcome with small embankments, suitable culverts, and an i aqueduct over Meyers creek. Expenses for embankment of 9,853 c. yards, at 20 cents, £ 1,970 i For excavation of 22,500 c. yds. at 12 1-2 cents, £2,S12 3 culverts, 300 aqueduct ever Meyer's creek, 2,000 £7,082 • Mile 25th, passes, for the most part, over a flat, fdled with MileKft. round stones, for the rest along the side of a hill, consisting of Ll P enses sand, gravel and loam. There is here a ravine 4 chains and 80 links long on the top, 4 chains on the bottom and 1 feet deep. There w ill also be required an embankment over Dygert's creek, 7 chains and 40 links long, and 9 feet high. This creek is 20 links wide, and must have a culvert. Expense for embankment of 17,320 cubic yards at 20 cents, £2,474 ' For excavation of 29,500 c. y. at 12 1-2 cents, 3,G75 3 culverts, 750 £6,S99 Mile 20///, for the first 5G chaius, passes over land descending JffjJJjJj CA.\AL LAWS, Cion 1817. gradually to the north, of which the earth is gravel and loam, ^v^^ The residue is rich bottom land. For 42 chains of this mile, Eastern sec- em | 3an j iments are necessary, of which the largest is required at Steel's creek, whicfrlies 13 1-2 feet below the level. This creek requires a passage at least 30 links wide, being at times swollen and rapid. The greatest part of the embankment in this mile might be avoided by a more southerly route, but in that case the high point of a hill must be cut through. Expense for excavation of 4,780 c. y. at 12 1-2 cents, $937 For embankment of 42,500 c. yds. at 25 cts. 10,525 1 culvert and aqueduct over Steel's creek, 2,500 $ 13,962 Mile 21th, for one third of the way, runs over a steep side-hill; the residue descends gradually to the north. An embankment of 16 chains long, and from 4 to 13 feet high, will be required over a low piece of ground, which cannot be avoided. Expense for embankment of 19,700 c. yds. at 20 cents, $3,940 For excavation of 18,500 c. yds. at 12 1-2 cts. 2,312 1 culvert, 200 $6,452 Mile 27th. Expenses. Mile 28th. Expenses. Mile 29th. Expenses. Mile 28th, for about 48 chains, runs along a ridge of round stones, for the rest it runs over flat land. An embankment 4 chains long, and from 4 to 13 feet high, is required in crossing Fulmer's creek, where a small aqueduct is necessary. Expense, For embankment of 3,600 cubic yards, at 20 cents, $720 excavation of 20,000 c. yds. at 12 1-2 cts. 2,500 aqueduct, 2,500 $5,720 Mile 29th, for about 14 chains, runs along land which has a gentle slope to the north. The next 32 chains, runs along the foot of a steep hill, called the dug-way, where a rough stone wall will probably be necessary on both sides of the canal, on the north side to support the bank of the canal, and on the south side to prevent the hill from falling into it. The residue of the mile passes over bottom land, overflowed in the spring and fall, where an embankment and a wall of from 3 to 14 feet high, and 40 chains long, will be wanted, on the north side of the canal, to protect it against the floods of the Mohawk. Within 20 or 30 rods are plenty of good building stone. Expense for stone wall at the dug-way, $5,000 For embankment and other stone wall, 8,250 Canal laws, &c. 254 excavation of 4,000 c. yds. at 12 1-2 cts. j£:>00 1817. 1 culvert, 200 v^v^y gl3,050 tio ^ rils€C - jkftZe 30th, for about 50 chains, runs between the foot of a steep Mii C 30th. hill and the river, over gravel and hard earth difficult to excavate. Lxpui The residue of the soil is loam and sand. An embankment will be required of 20 chains long, and from 3 to 16 feet high, to pass a ravine, where a small culvert will be necessary. Expense for embankment of 49,650 c. yds. at 15 cts. 7,464 For excavation of 24,000 c. yds. at 12 1-2 cts. 3,000 1 culvert, 100 #10,564 Mile 31st, passes over gravelly loam and bottom land. Here Mile 31st, is considerable deep cutting, and the line might be varied so as Lxptu ° to avoid it in part, but in that case it would pass through a bury- ing ground. Expense for excavation of 65,100 cubic yards, at 15 cents, $9,766 For 1 culvert, 100 $9,860 Mile S2d, for 60 chains, passes over a gravelly loam, and for the j residue over lime stone, of which a part is solid rock. A small " ' • embankment will be necessaiy on this mile. Expense for em- bankment of 4,400 c. yds. at 20 cents, $880 For excavation of 21,500 c. yds. at 12 1-2 cts. 2,687 do. through the limestone rock, 4,000 I 2 culverts, 200 #7,767 1 Mile for about 12 chains, continues over the limestone j\jjj e 334 ridge mentioned above. The rest of this mile consists of uneven Lx P ense!? - gravel and loam, interspersed with stone. Three culverts will be required, and a considerable embankment. Expense for em- bankment of 10,500 c. yds. at 20 cts. $2,100 ,For excavation of 18,000 c. yds. at 12 1-2 cts. 2,250 do. rock, 2,250 3 culverts, ^00 $7,150 Mile 34th, for the most part, passes over land which is gravelly, Mile 34th. ind in some places hard and stony. Probably a little below the Ex f €I ' se3 * urface some rock will have to be excavated. A brook 011 which here is a grist-mill crosses the line. This brook may be con- lucted into the canal with little expense. Expense for excavatine; CANAk LAWS, &fc. 1817. rock and earth, 34,000 c. yds. at 55 cts. $18,700 x v ' For embankment of 5,300 cubic yards, at 20 Eastern sec- ^ ^ _ ^ iion. cents, 1,060 2 culverts. 300 — $20,000 Mile 35th. Mile 35th. The description of the last mile applies to this, Expenses. eyen totne receiving into the canal a small stream of water. Ex- pense for excavating rock and earth, 26,580 cubic yards, at fifty cents, 13,290 For 2 culverts, 300 $13,590 Miles 36, 37 Miles 36, 37 and 38. These three miles include the route of ses. ,expe " the canal at the Little Falls, and are described together. 57 chains of the 36th mile pass along the foot of the Fall Hill to A, on a piece of ground about one chain wide between the hill and the bottom land. This part is gravelly with some loose stone and solid rock, and has an uneven surface, with the appearance of having fallen from the hill. Near the house of Col. Bellin- ger, a small stream crosses the line, and here the deep cutting may be partly shunned by passing north of his house. From A to B, is a ravine 14 chains 50 links long, in which there is a fall of 46 feet, requiring to be descended by five locks. The banks of the ravine consist of rock, and rise from 4 to 40 feet, leaving a width between them of from 50 to 100 links. At B, the line runs on the beach of the Mohawk, and little or no excavation will be necessary from A, at the upper end of the ravine, to the island in the river. From B, to the head of this island, it is pro- posed to build a dam of sufficient height to exclude the waters of the Mohawk from running on the south side of the island; the island itself, and the north bank of the ravine between A and B, being at present, higher than such a dam would require to be. From B to C, which is opposite to the lower end of the island, at a place where the canal line enters another ravine, is about 24 chains. At C, the water is 6 feet deep with abottom of rock> Just below the upper entrance of the ravine at C, it is proposed to build another dam, 20 feet high, and extending from the lower end of the island across to the south shore of the river. Such a dam would set the water back to the foot of the locks at B ; with a depth all the way between, sufficient for the canal. From C to D, a distance of 28 chains, the ravine last above mention ed extends, and is separated from the Mohawk on the north by < rough irregular bank of rock' and earth, which seems to hav* CANAL LAWS, &:c. been thrown from the precipice on the south, with such violence, 1817. as to be separated from it at the bottom for the space of from 4 — ' to 6 rods, which forms the width of the ravine. There are here &*. two places where a passage for the canal must be excavated through granite rock. The first of these places extends from the bank of the river eastward, and is 4 chains long, and, at the highest point, 6 1-2 feet above the level. The second is 5 chains 50 links long, and at the highest point 13.47 feet above the level. From D to E is 57 chains, over which the line runs along the foot of Fall Hill, where the width of ground between u mountain of rock, on one side, and the bank of the river on the other, is not more than from 50 to 100 links. For the north bank of the canal, throughout this distance, it will be necessary to build a substantial stonewall, and to line it, on the inside, with a considerable quantity of tight or well puddled earth. Here must also be a lock with a descent of 6.85 feet. From E to the end of the 38th mile, the line passes over rich bottom land, which is not overflowed by the river, but which requires three culverts. Expense for excavation of 40,600 cubic yards, at 12 1-2 cents, . $5,750 For do. of rock for canal and locks, in all 97,500 cubic yards, at 75 cents, 73,125 stone wall between the river and Fall Hill, 4,560 2 dams, one at the head and the other at the foot of the island, 25,000 3 culverts, 300 $108,735 Mile 39th, passes over land easy to excavate, lying between jvii!e39th the bottom land and a hill. Expense for excavation of 29,496 Expense*, cubic yards, at 12 1-2 cents, 3,687 Mile 40fA, passes over some loam, some clay, and some loose Miie40th. round stone, in general not quite so easy to excavate as the last, t:x P ei,se8 » and requiring one culvert. Expense for excavation of 32,124 cubic yards, at 12 1-2 cents, 4,015 1 culvert, 100 $4,115 Mile 41sf, passes for the most part over bottom land easy to Mile4ist. excavate. The Nowendaga creek, of which the bottom is dark ^P* 050 ' limestone, crosses the line in this mile. This creek is 50 links wide between its banks, and may be conducted over the canal, as it. lies much nbove the l^vcl near the route. The deep c"T^ 3:t 258 CANAL LAWS, kc. 1817. * — -v Eastern sec- tioo. Mile 42d. Expenses. Mile 43d. Expenses. Mile 44th. Expenses. Mile 45th. Expenses. ting cannot be avoided. Expense for excavation of 73,6 1 6 cubic yards, at 18 cents, $13,250 2 dams, gates, &c. at the creek, 5,000 $18,250 Mile 42d, runs generally along the foot of the high ground, and at the edge of the bottom land. In some places it is stony, and the bottom land in this mile is low and swampy. Two cul* verts will be required. The deep cutting may be avoided by crooking a little to the north. Expense for excavation of 26,800 cubic yards, at 12 1-2 cents, 3,350 For embankment of 2,100 do. at 20 do. 820 2 culverts, 200 $4,370 Mile 43d, will require an embankment 12 chains long, and from 4 to 6 feet high. The earth is chiefly gravel and loam. There is a piece of deep cutting which cannot be avoided. Over the low ground, a stonewall, 20 chains long, and from 6 to 10 feet high, to support one of the banks of the canal, will be want- ed. .Expense for embankment of 6,600 cubic yards, at 20 cents, 1,320 For excavation of 40,100 cubic yards, at 14 cents, stone wall, 1 culvert, 5,614 1,600 100 ■ $8,634 Mile 44*A, passes over gravel and loam, generally full of round stones. In some places it is wet and boggy, but with a hard bottom. Two small embankments are necessary. There is here a small stream which may be received into the canal. Expense for embankment of 13,600 cubic yards at twenty cents, 2,720 ' For excavation of 26,800 cubic yards, at 12 1-2 cents, 3,350 1 culvert, 100 $6,170 Mile 45th, passes over ground descending gently to the north ; in some places stony, and in others boggy, not hard to exca- vate. Some embankment and a culvert will be necessary. Ex- pense for embankment of 2,640 cubic yards, at 20 cents, 528 For excavation of 26.800cnbic yards, at Wept. 4.020 CANAL LAWS, fee. Mile 47th. Expense*. I culvert, $200 131 $4,748 Mile 46th, passes over ground which will answer to the de- Astern sec- scription of the last mile, except that two runs of water cross the Mile 46th. . . 1 , Lxpenses. lino, requiring each a culvert. Expense for excavation of 30,- 000 cubic yards, at 15 cents, 4,500 For 2 culverts, 200 $4,700 Mile 47th, passes over land generally descending to the north, with its surface gravelly and stony. Here Mill brook, a small rapid stream, crosses the line. Expense for embankment, of 3,160 cubic yards, at 20 cents, 632 For excavation of 24,500 cubic yards, at 12 1-2 cents, 3,068 dam to pass Mill brook, 2,500 $6,200 Mile 4Sth, passes over land generally descending gently to the Mile4tih. north, but of which, 16 chains has a steep descent and consists Ex P en?,w of clay. Several small streams cross the line, requiring em- bankments and culverts. Expense for excavation of 40,200 cu- bic yards, at 12 1-2 cents, 5,025 For embankment of 528 cubic yards, at 20 cents, 105 3 culverts, 500 $5,630 Mile 49th, passes from the end of the last mile to A, over steep Mile 49th. side-lying ground, consisting of gravel and clay. The residue El P enses * of the mile runs along the beach of the river, at the foot of an almost perpendicular hill, consisting of rock and blue clay, full of springs. Here will be required a stone wall, on both sides of the canal, for 40 chains. Expense for stone walls, $9,600 For embankment, 6,250 Excavation of 20,700 c. yards, at 12 1-2 cents, 2,575 1 culvert, 200 $18,625 Mile bi)th, passes over a steep side-hill of clay and gravel, MileSGtk Way to excavate. Two small runs cross the line, of which one P* 1 * 8 * fa 8 3-4 feet, and the other 9 1-2 feet below the level. Expense for excavation of 17,850 c. yards, at 15 cents, $2,677 CANAL LAWS, fee. 1817. Embankment of 14,750 c. yards, at 20 cents, $2,950 * v ^ 2 culverts, 200 Eastern sec- tion. $5,827 Expensed Mile 5l5f ' rulls for 66 chains > at the foot of a hill, where the line may be varied so as to require but little extra excavation. — Three embankments will be required, of which the largest must be 14 chains long, and from 7 to 10 feet high, and 3 culverts will be required. Expense for excavation of 20,150 cubic yards, at 12 1-2 cents, $2,5 1 7 For embankment of 1 6,192 c. yards, at 20 cts. 3,238 3 culverts, 950 $6,705 Mile 52d. 5.2rf, runs > ^ roni * ts commencement, 32 chains over bottom Expenses. ] anc ] 5 where an embankment, 5 feet high, will be required. In this distance, the Esquago creek crosses the line. This -stream is 2 chains 30 links wide between its banks, and 12 1-2 feet be- low the level, and'one of the most violent creeks on the whole sec- tion, requiring an aqueduct. Expense for embankment over the Esqnago flats, of 39,600 c. yards, at 25 cents, $9,960 For excavation of 13,120 c. yards, at 12 1-2 cts. 1,640 Aqueduct, 9,500 $21,040 Mile 53c?, passes along the edge of a hill of gravel, chiefly ea- Expensei. s y to excavate. Two small runs cross the line here, which may be admitted into the canal without expense. One culvert will be necessary. Expense for excavation of 23,150 cubic yards, at 12 1-2 cents, $2,893 For 1 culvert, 100 $2,993 Mile 54th. Mile 54th, passes over soil like the last. The Kaates kill Expenses. crosses tne line in this mile. It takes its rise in the hills south, and is a violent stream in freshets, bringing down large quanti- ties of gravel and sand. It lies too high to pass under the canal, and must therefore be crossed by making a dam high enough to raise the water to the level. The superfluous waters of this stream can be discharged from the canal by suitable waste gates. Expense for excavation of 24,360 cubic yards, at 15 cents, , $3,654 For dam and waste gates. 3,550 i culvert. 100 g7,304 CANAL LAWS. fcc. Mile both, passc> generally along the loot of a ridge of lime 181 stone, good for building. The Canajoharie creek crosses in this mile, on a bed 8 1-4 feet below the level, and* may be sunk down tio ^ asteru acc * 14 feet below the level, by clearing out the stream for i5 chains below the line. This is a mad stream, sometimes overflowing its Expenses, banks, in consequence of being obstructed by ice lodged on the island lying 10 chains below the line. Over this stream, which is 1 chain (50 links wide between its banks, there must be an aqueduct, and an embankment 8 chains long, and from 1 1-2 to 8 1-4 feet high. Expense for excavation of rock and earth, 22, 800 cubic yards, at 40 cents, $9,120 For embankment of 4, 100 c. yards, at 20 cents, 820 Aqueduct and deepenine: the creek, 1 0,000 $.19,940 Mile 56th, runs along the foot of a limestone hill, over land Mile 56th. consisting of sand, gravel, and some stone. Expense for exca- Expen es " vation of 25,350 cubic yards, at 25 cents, $6,337 Mile 57th, passes for 45 chains along a side hill, of which 20 Mile 57th. chains are very steep. The earth is clay and gravel. Here Expenses, will be required, on both sides of the canal, a dry stone wall, one to keep the hill froni slipping into the canal, and the other to support the north bank, and protect it against the Mohawk. — One culvert will be necessary to pass a stream which lies 5 3-4 feet below the level. Expense for excav ation of 30,270 c. yards, at 25 cents, $7,567 For stone wall, 3,200 1 culvert, 500 $11,267 Mile 5Sth, passes generally over ground descending gently to Mile 58th. the north, and consisting of gravel and sand, with considerable Li P en3e? quantities of stone in some places. The deep cutting may be avoided by bending the line to the north. The Plattikill crosses the line of this mile, and is a mad stream, I chain 60 links wide within its banks. It brings down in the spring of the year flood wood and gravel. There is a saw mill on it 4 chains above the line. This stream may be passed by a dam with suitable waste gales, without injuring the mill site. Expense for embankment of 4,280 c. yards, at 28 cents, $ 850 For excavation of 23,100 c. yards, at 15 cents, 3,465 Dam and gates. jf,250 1 culvert. 100 #12,671 I 263 CANAL LAWS, &c. 1817. Mile o9th, passes over land descending gradually to the north, — v ' and which has, in some places, gravel and stone. Expense for Eastern sec * emban k ment f 14,256 c. yards, at 20 cents, $2,851 For excavation of 20,460 c. yards, at 18 cents, 3,682 tton, Mile 59th Expenses Mile 60th. Expenses. Mile61et. Expenses. Mile62d. Expenses 1 culvert, 200 $6,733 Mile 60th, passes for 50 chains, on a strip of land about one chain wide, at the foot of a precipitous and rocky hill, called the Nose. The place of elevated ground, between the iuil and the river, appears to have been formed by the successive falling of fragments from the precipice. Here it will be necessary to erect a stone wall 30 chains long. Twenty chains of this mile pass along a steep side-hill, and near the edge of a swamp. The soil is a gravelly loam, and some embankment will be necessary. — Expense for stone wall and embankment to pass the Nose, $7,250 For excavating rock and earth, 15,550 c. yards, at 20 cents, 3,110 1 culvert, 200 $10,560 Mile 6ls£, generally runs winding round the foot of a stony ridge, to near the end of the mile along the edge of the swamp. The earth consists of gravel, sand and stone, difficult to excavate. At a place called the Little Nose, deep cutting will be required, through granite rock, for a stretch of 8 chains, and from 2 to 19 feet deep. An embankment cf 40 chains long, and from 4 to 7 feet high, will be necessary near the beginning of the mile ; and a small stream 6 3-4 feet below the level will require a culvert. Expense for embankment, culvert and stone wall, to pass Little Nose, $4,500 For excavating earth of 22,500 cubic yards, at 20 cents, 4,500 Excavating rock at Little Nose, 12,848 cubic yards, at 75 cents, 9,636 $18,630 Mile 62d, is partly occupied by the Little Nose described in the last mile. The greatest part of this distance, the line runs over fine bottom land, near the edge of hard land on a ridge. — But here passes the Wassenhaw creek, which is twenty links wide, j and where an embankment 13 chains long, and from 7 to 9 fefct CANAL LAWS, fcc. high, and a stone wall and dam will be necessary. Expense for 1817. stone wall and dam, $5,690 For excavation of 13,150 c. y. at 12 1-2 cents, 1,643 embankment of 14,5S0 c. y. at 20 cents, 2,916 $10,249 Mile 63d, runs over land descending gently to the north, and MlIe ' , . 7. J? , ' Expenses, A in some places wet and stony, nut not difficult to excavate. Ex- pense for excavation of 25,160 cubic yards, at 15 cents, $3,774 Mile 64th, passes, for the first 20 chains, over bottom lands, Mile 64th. where an embankment 16 chains long will be wanted, of from 1 E*** 113 "' & * 8 feet high. Here crosses Printup's creek, which now runs in a channel 30 links wide, and 9 3-4 feet below the level, but which has formerly scooped out a channel, now dry and abandoned, to the depth of 8 1-4 feet below the level. iThe deep cutting can- not be avoided. It consists of gravel and loose stone. Ex- pense for excavation of 34,270 cubic yards, at 15 cents, £5,140 For embankment of 11,264 cubic yards, at 20 cents, 2,252 aqueduct over the creek, 4,000 1 culvert, 250 $11,642 Mile 65th, runs along and at the foot of a steep side-hill of gra- Mile 65tb. velly loam, except 16 chains, which consists of lime stone, of^P 60 * 69 ' &c which a small part, where a ridge puts down to the river, will have to be excavated. West of this ridge, an embankment 16 chains long, and from 4 to 7 1-2 feet high, will be required on the north side of the canal. The stone here is good for building and easily obtained. Expense for excavation of 22,300 c. y. at 20 cents, $4,460 For excavation of rock, 1 ,600 embankment of 9,800 c. yds. at 20 cents, $1,960 $8,020 Mile 66th runs on the margin of a steep side-hill, near the edge of the flat. The hill is mostly loose slate and gravel, mixed in Expenses, fee. places with other stone. Two small runs of water cross the line. Expense for excavation of 31 ,500 cubic yards, at 18 cents, $5,670 For 3 culvert?. 300 $5,970 ^64 CANAL LAWS, &c. 1817. Mile 67th, runs overland which resembles the last, except that there is a greater proportion of sand, loam and gravel, making it easier to excavate. Expense for excavation of 35,1 50 c. y. at Mile 67th. 15 cents, $5,272 Expenses, &c. For j cuJvert> 200 $5,472 Mile 6fith. Mile 68th, runs over land like the last. Expense for excava- Expenses, &c t ; on Q f 35^50 CUD i c yards, at 1 5 cents, 5,472 Mile 69th. Mile 69th, runs over land like the last. Expense for excava- Expenses, &c. t j on Qf 35^59 cub j c vards? at 15 centSj $5,472 For 1 culvert, 200 $5,672 Mile 70th. Mile 10th, passes for the most part along and at the foot of Expenses, &c a s ide-hill. Here two creeks cross the line, Aurey's kill and Ishes' kill, over the first of which an embankment will be necessary of 16 chains in length, and from 8 to 14 feet high; over the other is required another embankment 14 chains long, and from 2 to 13 1-2 feet high. The north bank of the canal between these creeks must be supported by a stone wall. The deep cutting may be avoided by bending to the north. Expense for embankment of 50,940 cubic yards, at 20 cents, $10,188 For stone wall, 4,960 2 aqueducts, 10,000 excavation of 13,200 c. yds. at 12 1-2 cents, 1,650 $26,798 Mile 71st and Mile list and 27 chains. This distance runs along and at the 27 chains. ^ a gtee p j^j^ Q f wn j cn tne ear th is gravel, sand and clay, easy to excavate. Expense for excavation of 39,200 c. y. at 12 1-2 cents, $4,900 The aggregate amount of all the foregoing items, is $718,012 Locks &c ^ e details °f tne nne e |plored by Mr. Brodhead, terminate on the west side of the Schoharie creek, 71 miles and 27 chains from Rome. In the course of this distance, the line of the canal falls precisely 132.85 feet. To accommodate this fall, 16 locks are placed at various distances, pointed out on the map, where the ground is favorable, and the materials for making them easily to be obtained. The expense of lockage is estimated at $1,250 per foot lift. £166,062 50 CANAL LAWS, &cV At the Little Falls, and several short distances in the highest 1817. embankments, and where the line passes over small round stone, v v , Eastern 6cc- puddling will probably be necessary ; but the route, in general, t ion. lies over land in which there is no danger of leakage. To cover ' iuie Falls, the expenses of this item, an allowance is made of $20,000 The quantity of water which may be introduced into the canal, on this section, is such as to leave no solicitude on that subject. And no calculation of the expense of feeders from the Mohawk is made, because, at several places where dams and walls are to be erected against that river, its waters may be admitted into the canal, without additional expense. There are required on the route between Rome and Schoharie creek, 45 bridges, at $500 $22,500 Allow for 210 bridges to accommodate farms, at .$200 42,000 And the amount is ' $970,574 50 On which add 5 per cent, 48,528 50 And for engineer, superintendence, &c. at the rate of $1,000 per mile, 71,500 The aggregate of all expenses on this sec tion, is 1,090,003 It may here be remarked, as a feature of the country traversed by this canal, not less favorable than the evenness of its surface, that, from three miles above the Little Falls of the Mohawk, westward for 240 miles, the route will not require the excavation of a single yard of any kind of rock. Mr. Brodhead's level approaches the Schoharie creek, on its Schoharie west side, at an elevation of about 22 feet above its surface. creek ' There are two modes of crossing this cr< k either of which might be adopted. A dam may be made across the creek at A, (on Mr. Brodhead's map) which shall raise the water 10 feet, when the canal may be let down, by a lock, into the pond, which this dam will create, and a floating bridge may be stretched across it for a towing path. But it is believed, from the examinations and levels heretofore made between this creek and the Hudson riser, that it would be the better mode to cross the creek on an aqueduct bridge, in order to keep up the line of level, with a view of pass- ing the more easily two slaty ridges, four or five miles below Schenectady, near Alexander's mills. Should this plan be adopted, the bed of the creek, which is nbonf 400 feet wide 3 34 266 Canal laws, & c . 1817. should be increased to a width of 700 feet, so as to give the water -v— ' an unobstructed passage under the aqueduct. This aqueduct may be composed of wood, supported by two abutments and six- teen piers of stone, each of which piers would occupy about 10 feet of the width of the stream. From Scho- The commissioners have not been able to procure a level and HaTson r rTver!° surve y to be made from tne Schoharie creek to the Hudson. They had in their employ, four engineers on other parts of the line of the western canal, and one on the northern, neither of whom had time to level and survey that part of the line above mentioned ; nor could they find a sixth engineer, who would un- dertake to finish the Mohawk route. But although they are prevented from submitting to the legislature a report of this part of the line, with all that minuteness of detail which is ex- hibited in relation to other parts, yet they possess information, which, for all general purposes, is equally satisfactory. This part of the line was formerly examined by Mr. Weston, an Eng- lish engineer, and pronounced to be practicable without a very serious expense. It has also been heretofore twice levelled and surveyed, by Mr. Benjamin Wright, in various ways, with the same result. The commissioners, therefore, confidently state, that the navigation may be continued from the Schoharie creek to the Hudson by a canal along the valley of the Mohawk. From the examinations of Mr. Weston and Mr. Wright, Mj\ Wright above mentioned, as well as from the personal knowledge of the Ws eimina- commissioners, it is believed that the canal, from the aqueduct last mentioned, ought to be continued down along the south side of the Mohawk to Lansing's mills, which are situated a short distance above the Cohoes. From this point the canal may leave the Mohawk, and be directed towards the Hudson , which it will approach opposite the village of Lansingburgh, and it may thence be continued along the valley of the Hudson, at a proper distance from its margin, until it reaches the city of Al- bany, where it is to be connected with the river. This location of the canal will afford to the village of Water- hrci erl Albany ^ or ^ an opportunity of enjoying its benefits, by the construction and Troy. G f a s \$ e cu ^ to De connected with the main canal above the Co- hoes. The village of Lansingburgh and the city of Troy, may also, by lateral canals, participate in its advantages ; and thus tTte cities of Albany and Troy, and the villages of Lansing- CANAL LAWS, kc. Wl burgh and Waterford, may be placed on grounds of fair com- 1817. petition, not less advantageous to the growth of those cities anc ^ V ^T^^' villages, than beneficial to the general interests of trade, and thetion. prosperity of the state. This route, from Schoharie creek to the city of Albany, will comprehend a distance of 42 miles. It is proposed to give the canal on this route a fall of one inch in a mile. The whole de- scent in this route will be 2S6 feet. The expense, by a liberal calculation, may be estimated as follows : Expenses. For 283 feet lockage, at $1,250 $353,750 3 aqueducts over small streams, at $5,000 15,000 1 road aqueduct, 3,000 aqueduct over Schoharie creek, 30,000 24 bridges, at $500, 12,000 25 culverts, at $200, 5,000 excavation, embankment, puddling, towing path and grubbing 42 miles, at $14,000, 588,000 contingencies add 5 per cent. 50,337 engineers, superintendence and expenses connect- ed therewith, 49,000 The aggregate amount is, $1 ,106,08' There are certain items of expense applicable to all the sections of the canal, and not heretofore enumerated, of which the amount cannot be very precisely calculated. The items alluded to, here follow, with such estimates as it is believed will not be found unreasonable, to wit : For utensils, such as carts, ploughs, scrapers, wheel-barrows, iron bars, pick-axes, shovels, chains, &.c. $40,000 temporary work-shops for carpenters, smiths, stone-cutters, and for lime houses, 5,000 dwelling houses for clerks and lock keepers, 10,000 barracks for the workmen, 20,000 ling the aggregate of these general expenses. $75,000 CANAL LAWS, kc. 1817. i v , — j RECAPITULATION. Recapitulation. OF EXPENSES. From Lake Erie to a point 1 1 miles up the Tonne- wanta, $250,877 Toiinewanta to the Seneca river, 1,550,985 Seneca river to Rome, 853,186 Rome to the Schoharie creek, 1 .090,603 Schoharie creek to Albany, 1,106,087 Add for general expenses, 75,000 In the aggregate, $4,881,738 But, if the route south of the Mountain ridge, in the country west of the Genesee river, is adopted, in preference to the northern route, then deducting $309,925 The aggregate of expense will be $4,571,813 OF DISTANCES. Mites. Chains. From Lake Erie to the point up the Tonnewanta, 27 Tonnewanta to Seneca river, 136 2 1-2 Seneca river to Rome, 77 Rome to Schoharie creek, 71 27 Schoharie creek to Albany, 42 The aggregate distance is 353 29 1-2 OF RISE AND FALL. From Lake Erie to Seneca river, a fall of 194 ft. by 25 locks, Seneca river to Rome, a rise of 48.50 6 Rome to Schoharie creek, afall of 132.85 16 Schoharie creek to Albany, a fall of 2S6 30 The aggregate of rise and fall in feet is 661.35 by 77 locks. Lake Erie is 564.85 feet higher than the Hudson, and 145J-2 feet higher than Rome. - The average expense per mile, of this canal, according to the foregoing estimates, taking the north route beyond the Genesee fiver, is little more than $13,800 CANAL LAWS, be. 269 With respect to that part of their duty, which relates to loans 1 SI 7. on the credit of the state, the commissioners have to state, that v y 4 at an early day, they addressed a letter on this subject to Wil- Loaus » &c - liam Bayard, of the city of New-York, and that lie has taken measures to ascertain whether a loan can he procured in Europe, but has not yet had time to learn whether his measures have been successful. The commissioners entertain no doubt but as much money can be obtained in this country, as may be required for the canal, on the credit of the state, at an interest of 6 per cent, by the creation of a funded debt, and, that ample funds maybe appropriated for the payment of the interest, and the gradual extinguishment of the debt, without the imposition of taxes. The commissioners have also attended to that requisition ot Subscriptions the act respecting subscriptions and donations. They have ap- anU d °n^ 1( ^. plied to the United States, and to the states of Vermont, Ken- tucky and Ohio, as having a common interest with New-York in the contemplated canals, and where they feel persuaded that a favorable disposition exists. The letter to the members of Con- gress from this state, will shew the view which the commissioners have taken of the fund contemplated by congress for internal improvements. But if no extraneous aid should be afforded, it will at all times be in the power of this state to levy high transit duties on the articles transported to and from those states and the territories of the United States, and thereby secure, eventu- ally, a greater fund than can possibly arise from any present contributions from those quarters. It is to be hoped, however, that the necessity of this measure may be superseded by a cor- dial and liberal^ co-operation. But it cannot reasonably be ex- pected, that the efforts of one state are solely and gratuitously to produce an expensive and stupendous work, intimately identified with the interests of many, and directly or indirectly connected with the prosperity of all. The commissioners appointed agents to receive subscriptions in this state, and they also prepared and distributed forms of ces- sions of land and donations in money; one form relates to gra- tuitous grants of land for the ground through w hich the canal will pass, and the other is a contribution to the fund for making it. Agents have also been appointed in Vermont and Ohio for the same purpose. There is reason to believe, from the cessions already made, and CANAL LAWS, kc. 1817. the favorable disposition manifested, on this occasion, that the u-.-^—^ land occupied by the canal, will, generally speaking, be granted gratuitously. Some donations in land have been made, and more are expected ; and many circumstances concur in promis- ing that a munificent spirit will be evinced as soon as the state undertakes this great project. The Commissioners have thus, agreeably to the duties requir- ed of them, confined themselves to a plain statement of facts, and it is not their intention to deviate from the prescribed course. Their investigations have shewn the physical facility of this great internal communication, and a little attention to the resources of the state will demonstrate its financial practicability. And they may be permitted to remark, that unless it is established, the greater part of the trade, which does not descend the Mississippi, from all those vast and fertile regions west of the Seneca lake, will be lost to the United States. All which is respectfully submitted, DE WITT CLINTON, S. VAN RENSSELAER, SAMUEL YOUNG, MYRON HOLLEY. Albany, February 15, 1817. POSTSCRIPT. Mr. Ellicott, one of the Commissioners^ not being able to at- tend the meeting of the board, was not consulted on the details of this report ; but he approves its general principles. The engineer employed on the northern canal, not having yet completed his returns, the Commissioners will make it the subject of another communication, with which they will connect their application to Congress and to some of the states — their corres- pondence — and various other documents connected with their duties, not herewith presented. Thereupon, On motion of Mr. Ford — Mr. Ford's Resolved, (if the honorable the Senate concur herein) that the otion. report of the commissioners constituted by the act, entitled " an act to provide for the improvement of the internal navigation of this state" be referred to a joint committee of the Senate and Assembly. CANAL LAWS, &x. Ordered, (in case of such concurrence) That Mr. Ford, Mr. Pen- 1S1 7. dleton, Mr. Child, Mr. Eckford and Mr. Wilcoxson, be of the said committee on the part of this house. Mr. Olmstead made a motion, that the house should agree to 8t e«S»» moSi direct the printer to this state to print two thousand copies of the said report. Debates were had upon the said motion, and the question hav- ing been put, whether the house would agree thereto, it passed in the negative. The ayes and noes beincr called for by Mr. Ostrander, second- _ i , Hi tt. /-II • Division, cd by Mr. \ ictory, were as follows, to wit : For the Negative. iur. ./YUjeii, iur. jLjesici , i>ir. /\iieii, Mr TM'Fnrlrlpn i>ir. iu r duueij. Mr. Rarstow, IVTr "Mann. IMr Rppkwitli Mr A MilW Mr. RurhnrK -iVAl. 1^1.11 i 1 till « ]\T r n iMillpi- Alt* I imnKol 1 ItIi. VytlllipUCll, iur. luoti, Air f!intinp -•11. V_/u.llU.Ilc, , iur. v/siranuei . IMr Pnrll Mr. Paine, iMr. Carpenter, Mr. Palmer, Mr. Concklin, IMr. Parsons, Mr. Corson, -Air. Romaine, Mr. Crolius, Mr. Roseburgh, Mr. Day, Air. Rosecreant s, Mr. Doty, Mr. Russell, Mr. Eckford, Mr. Sharpe, IMr. Eldridge, Mr. Sherman, Mr. Emott, Mr. E. S mi tit, Mr. Fonda, Mr. S. A. Smith, Mr. Gale, IMr. Squire, Mr. B. Green, Mr. Stebbins, Mr. Gros, Mr. Tabor, Mr. Hallock, Mr. Thompson, Mr. Hilton, Mr. Townscnd. Mr. Houghtaling, Mr. Turner, Mr. Jackson, Mr. Wakely, Mr. Jones, .Mr. Webb,' Mr. Kissam. Mr. Webster CANAL LAWS, Sec, 1817. ml . Mr J. Whitiu \ , Mr I'll • T .00 J-JCL, Mr mi • V v 11c r\n Vt UbUU, JPor the Affirmative. Mr. Ambler, Mr. Irving, Mr. Barber, Mr. Marsh, Mr. Barnes, Mr. Maynard, Mr. Beach, Mr. Miles, Mr. Bowen, Mr. J. Miller, Mr. Brown, Mr. Mooers, Mr. Callender, Mr. Olmstead, Mr. Camp, Mr. Peek, Mr. Child, Mr. Pettit, Mr. Cook, Mr. Pitcher, Mr. Cuck, Mr. Piatt, Mr. Faulkner, Mr. Prendergast. Mr. Finch, Mr. Rochester, Mr. Ford, Mr. Sears, Mr ItI hoc o^/Anpf VJ tlllscVUUl I, Mr mi . 1. O 1111 11 J, Mr. A. Green, Mr. R. Smith, Mr. Hammond, Mr. Warner, Mr. Hawley, Mr. W T ells, Mr. Hedges, Mr. White, Mr. Hubbard, Ordered, That the usual number of copies of the said 59 39 be printed for the use of the legislature. XV. REPORT Of Joint Committee of Canals, on the Report of the Commit sioners. In Assembly, March 18, 1817. Report of joint Mr. Ford, from the joint committee of the Senate and Assem- bly on the subject of Canals, to whom were referred the report of the commissioners appointed in the act for the improvement of the internal navigation of this state, with the documents there- unto annexed, and the minutes, draughts, maps and profiles of the engineers employed by the said commissioners, relating to committee. CANAL LAWS, &c. in the contemplated canals from Lake Erie to the Hudson, and from 1 SI 7. Lake Champlain to the same, reported — v** p v , w That they have applied their best faculties to the investigation of the important subjects submitted to them ; and the result has been a settled conviction, that the highest interests of this state require, of the Legislature, the adoption of suitable measures for the immediate commencement of these canals. The minute and copious detail of facts, stated by the com- missioners, in relation to the length, direction, location and di- mensions of these canals — the difficulties and facilities occurring throughout the course of each, and the manner of construction recommended for the various works necessary to their completion, appear to your committee to be very satisfactory. In estimating the expense of these great undertakings, it was not to be suppo- sed that no errors would be committed ; and it is probable that for some items, the estimates will, in the application of them to practice, be found too low, and for others too high. The ag- gregate amount of these estimates, however, as well as many par- ticulars which compose it, seem to be well warranted, by the different data appended to the report of the commissioners. And the committee have observed with great pleasure, that the bene- fits of actual experiment, in regard to most of the expenses inci- dental to the construction of canals, is far more extensively fur- nished by our own country than is generally imagined. If then, it is rationally established, that the expenses of the s up po«euin and iron ore, with a great variety of other valuable materials country ' for manufacturing establishments. The thirty million acres of its territory offer to agricultural industry no uncertain or penuri- ous reward. An unrivalled river navigation for more than one hundred and sixty miles, terminating on the sea board, at a port which is capacious, healthy and easy of access ; its interior boun- dary line passing for more than half its length through the wu- jters of Erie. Ontario, and Champlain. and the numerous navt|?i- 274 CANAL LAWS, fcc. 1817. ble lakes included within its limits, afford to its citizens the most v—— * ' decided commercial advantages. In such circumstances, its prosperity is not surprising. It was to be expected, that under the direction of prudence and patriot- ism, its wealth, population and security would be rapidly advan- ced. And this advance, which is every where observable, is not the less gratifying because it was natural and probable. It is, on that account, more likely to be permanent. But has it not nearly reached its maximum, with respect to the southern and middle districts, unless some new means of aiding it are speedily discovered and applied ? Considerable portions of these districts are now almost replete with inhabitants, who by their industry and enterprise, have taken possession, and made the most of, nearly all the bounties which nature has spread out before them* And, beyond the slow progression of improvement to be produ- ced by the invention of happier methods of applying labor, and the more perfect division of mechanical occupations, what will enlarge the borders of their cities and villages hereafter f As the eastern and western districts have increased in numbers aad opulence, they have loaded the Hudson with their surplus produce, and the merchandize for which they have exchanged it ; and this trade has been the chief aliment of all the increase which has latterly been exhibited at the mouth and along the banks of that river. But the remote sections pf these districts are conti- guous to the territory of a foreign power, and are washed by navigable waters, which flow into the ocean through that terri- tory. It is for the interest, and will therefore be the policy of that power, to invite commercial intercourse with those sections. Facilitated by the course of their streams, and the declivity of their country, our citizens have already extensively engaged in this intercourse. And, if nothing is done to divert them from it, it is easy to foresee, that it will become permanent, and soon em- brace within the number of its agents, all those who live beyond the high lands, in which our rivers running to the north originate ; including the most fertile part of the state, which is hastening also to become the most populous. Our eastern and western districts having been settled from the south and the east, roads from these points were, of course, first opened. These roads were extended and improved with the dif- I fusion and age of the new settlements. And as they were, for CANAL LAWS, Kveral years, better, in proportion to their proximity to the Hud- 1817. son, this circumstance, added to the ties of acquaintance, friend- v v ■hip and consanguinity, retained the settlers, for a long time and universally, in a business-connexion with our own cities. Bat these roads are now carried through to the farthest borders of the state ; and on the margin of the waters where they terminate, a dense, active arid intelligent population is collected. Stimulated by the energetic impulse of private emolument, these people are making new roads and improving the old, erecting store-houses and wharves, building vessels of every description calculated to facilitate transportation, and at various places extending into the country, by artificial constructions and the improvement of natu- ral streams, navigable communications with the northern waters. The enterprising spirit of these people is laudable. It has here- tofore added to the wealth of the state, while it has enriched thenv selves. And unless it is directed into new channels, it will here- after lavish the productions of our soil, to the amount of several millions a year, upon our northern neighbors. This unwelcome result, it appears to the committee, that the present state of things is rapidly maturing ; and to render it still more inaspicious, it will inevitably produce the effect, of sending to a permanent foreign residence, many of our most useful citizens. Shall we look on with unconcern, and see so large a portion of The qneflioa the means, within our power, of conferring a perpetually in- P resenwci ' creasing strength and respectability upon our body politic, forev- er averted ? Or shall we adopt an easy, an obvious, an effectual method of reclaiming for ourselves and our posterity, to the re- motest generations, all these means, amplified into their fullest proportions, by a warmer patronage than the froien outlet of the St. Lawrence can ever afford ? The decision of this question is now emphatically devolved upon the state. It is a question, in which the interests of every district, county and town, are deeply implicated. There are places, indeed, which will enjoy, more immediately, and in a hijiher degree, the incalculable advantages of these canals ; but these advantages will most assuredly, and in no parsimonious measure, reach and enrich every part of the state. It hns been observed, by a perspicacious statesman of our d country, that " in proportion as the mind is accustomed to trace 8 F 6 * 1 the intimate connexion of interest which subsists between all the parts of a society united under the same government; tire infip- 6ANAL LAWS, fcc\ 181T. ite Variety of channels which serve to circulate the prosperity of — "'each to and through the rest ; in that proportion will it be unapt to be disturbed by solicitudes and apprehensions which originate in local discriminations. It is a truth as important as it is agreeable, and one to which it is not easy to imagine exceptions, that every thing tending to establish substantial and permanent order in the affairs of a country ; to increase the total mass of industry and opulence, is ultimately beneficial to every part of it. On the credit of this great truth, an acquiescence may safely be accorded, from every quarter, to all institutions and arrange- ments, which promise a confirmation of public order and an aug- mentation of public resource. " Your committee believe, that navigable canals, connecting the Hudson with lake Erie and with lake Champlain, would, from the moment of their completion, make it cheaper for nearly all of our northern and western citizens to find a market down these canals, than in any other direction ; and they would certainly afford the safest possible transportation. Effect of nav. But, besides calling back to our own market a large amount on ^o^/ mar- of the productions of our own soil, which are now alienated from Vemonff Can- tnem > tne construction of these canals would draw into our limits stfa, &c. t h e trade of the western parts of Vermont, of a considerable re- gion in Upper Canada, and of the northern half of all that por- tion of the United States, which lies west of the Allegany moun- tains. The future extent of this trade, it would be difficult to calculate. It must be immense. The country south of the great lakes alone, from which it will flow, includes as many acres as make up the territory of some of the most powerful nations of Europe, and is the most fertile part of the globe. That country already contains nearly a million of souls, and is increasing with a rapidity of population known only on this side of the Atlantic. ?Dc*ea?e of The increase of the people of New-England, for the last twen* S?g«5oS and y ears > nas been at tne rate SiX P er cent - annually ; and the surplus thousands of this increase are continually seeking new settlements in the west. A similar climate to that in which they have been bred — a luxuriant soil and advantages for navigation, which are never lightly esteemed by a trading people, induce these thousands, for the most part, to take up their abode within two or three degrees of latitude south of the lakes. There they are joined by a numerous emigration from the middle and south- ern states, who, together with them, multiply and thrive in exact CANAL LAWS, fcc 27 r proportion to the means of subsistence, which their common lb IT. industry produces. It is in our power to open, to that country, a v v * cheaper, safer, and more expeditious road to our market towns, than they can possibly enjoy to any other. Shall it be done? The expense of transportation from Buffalo to Montreal, is Transporta- $30 a ton; and the returning transportation is from $60 to tn filJ^. a ton. The passage of lake Ontario and the St. Lawrence, is al, &c. shown to be dangerous, by the fact, that many vessels and lives are yearly lost upon them. And this passage, though at di Herein times of very unequal duration, is on an average longer than one would be from Buflalo, through a canal and the Hudson, to New-York. The expense of transportation from New-York to Buffalo, is about §100 a to:i ; and the ordinary length of the passage is about 20 days. In the present state of things, to all the trade of the west, the evils attending the more tedious and expensive route to New-York, are not counterbalanced by the benefits of a superior capital and a more open port, which that city enjoys over Montreal. Make the western canal, and it would at once and for ever control that trade ; for it would offer a transportation from lake Erie to New-York, including the impo- sition of reasonable tolls, at a rate of from $10 to $12 a ton. Those, whom business and curiosity have led to consider what is the amount of monies now actually paid for transporta- tion by our citizens, will best understand how to appreciate the >aving produced by so great a reduction of its price. It is be- lieved, by intelligent gentlemen, that the merchants of our state, living in Oneida and the counties west, pay annually, for trans- portation, notkss than one million of dollars. And this belief now^p^d^r is strengthened by what is known in relation to the sums paid, ^ n " portat,0 °*' by the merchants of Pittsburgh, for waggonag^, from Philadel- phia and Baltimore, to that place. In the year 1815, the amount of this kind of disbursement, was found to be, in the month of July. $103,000 ; in the month of August, $112,000 ; ind in the first fourteen days of September, $83,000. This saving, it must be confessed, would be of vast importance. By making the northern canal, a saving would be insured, of Savins pro . Tiuch less amount, indeed; but, considering the cumbrous and ^med by c»- J leavy articles, which must always constitute the chief subjects of 1 ■ rade, from the neighborhood of lake Champlain, and the difficulty Jk K>f removing them upon the present roads, the expense of trans- location would be reduced in almost as great a proportion. CANAL LAWS, &< 1817, In discusbing the expediency of opening these canals, it should X ^u^orTof never ^ e f° r 6 0tten > tnat tne question is, whether we will, by expediency, taking measures completely within our power, and not burthen- considered. . . ... some, secure to our own country incalculable wealth, or will, by neglecting such measures, bestow that wealth, with all its advan- tages, upon a foreign nation. To those of our citizens, who live on the great parallel roads, which traverse the state east and west, it is important to consider, not whether the canal, from lake Erie to the Hudson, will be more travelled than either of those roads, but whether this travel shall pass through the heart of the state, giving additional activ- ity to every species of profitable labor ; by dispensing to it a golden reward ; or whether it shall be diverted entirely beyond their reach, and pass down the waters of the St. Lawrence and the Mississippi. And they should remember, that whatever in- creases papulation, capital and commerce, in their vicinity, en- larges the sum of materials out of which their individual fortunes are to grow. The same considerations will apply, with greater or less force, to every portion of our people. It will not be denied that the construction of these canals will induce the transportation into the state, of an immense amount of interior productions, and of foreign goods. Will these come in- to the state, and depart from it, without leaving any traces of their having been among us ? Or will they swell the comforts oi our country towns, and make our villages and cities exhibit, up- on a larger scale, the improvements and the magnificence of a prosperous community ? Conclusion uy> From the foregoing observations, it will be perceived that your committee are of opinion, that these canals would be benefi- cial to every section of the state. They would eventually make N. York the greatest commercial emporium in the world ; and the greatness of the commerce of that city, would, in a variety oi ways, promote the interests of the southern district. Every ad- dition to its inhabitants, would add to its demand, for all the nu- merous articles, which only its immediate neighborhood can sup- ply ; and every augmentation of its wealth, would send out, m greater numbers, its rich citizens, to patronize the industry, and to cultivate, improve and embellish the face of the earth, in thf adjacent country. Experience shows, in all the rich cities of Eu rope, that as the means of communication with the interior an CANAL LAWS, &c. 219 rendered easier, better and more extensive from those cities, the 1817. value of property has uniformly increased in their vicinity. It v v ' must necessarily result, from establishing great affluence in any place, that the ordinary channels of wealth, which are open near- est to that place, will first be filled. These canals would promote the interests of the middle district, Particular beo» by furnishing it with gypsum, salt, iron, lumber and fuel, in ma- ny place? cheaper than they can otherwise be obtained, and by increasing the markets for all its surplus productions. They would speedily give a new and more prosperous aspect to the business of our northern counties, by opening, to a more profitable and growing demand, their extensive forests, abound- ing with all the usual kinds of lumber and building timber, and their inexhaustible mines of iron ore ; and by facilitating the transportation to and from their markets, in such a manner as to give an additional value to all their other exports, and a reduced price to all their imports. To the western district, the importance of these canals is too well known, and too generally admitted to need elucidation here. It may be proper, in this place, to notice an objection some- times made against making these canals, arising from the high price of labor in our country. The foundation of this objection a ill probably long remain. But can the objection itself have iny weight ? Is it not apparent, that if the price of labor is high imong us, it applies as well to the prodigious annual expense vhich would be saved in transportation by the canals, as to the 'ost of their construction ? The consideration which the committee have given to these Effect on the ^reat improvements, has impressed them with a conviction, that estate. ° f rom the moment when the legislature shall deliberately determine o undertake them, the real property of the state will rise in value, i>ter than the amount of disbursements necessary to their perfect ompletion. They ought certainly to be made. But does good policy require, that they should immediately Shall the work e commenced ? The benefits they will insure are now exteusive- V understood ; and the evils which they will avert are plain, pal- ConsldEred " able, and urgent. Every real objection to them must be of a )cal origin, and will time lessen such objections. Every year roduces new concentrations of interest, on the borders of the orthern waters, at mill sites and in the centre of counties, w hore CANAL LAWS, &c. 1817. villages spring up and grow into importance. Some of these * — ~ v > places will be so situated, as to think hereafter, that the construc- tion of these canals will be injurious to them ; but if it shall now be known, that they will be constructed, these villages will take such a location in future, and with prospects much more promising, as to profit by all their advantages. The land to be occupied by the canals would now cost nothing, and little expense would be incurred in the purchase of water pri- vileges from mills and other hydraulic establishments. But wait a very few years, and the enterprize of our countrymen will have appropriated every stream to objects from which the expense of detaching them will be measured by their profit ; and every mile of the country will contain obstructions to the route, from public or private edifices, from orchards, or from burying grounds. — The committee, therefore, decidedly believe, that the best policy of this state requires the immediate commencement of these ca- nals. Ohio, worthy of Having arrived to this conclusion, it is felt to be a cause of praiae, &c. j ust exultation, that the interests of the state of New-York, de- manding the execution of these projects, are entirely concur- rent with those of several of our sister states and of the union generally. The legislature of Ohio, with a liberality and promp- titude worthy of that enlightened body, have already expressed their zealous approbation of the canal from Lake Erie to the Hudson, and pledge themselves to an effective co-operation in its construction. Additional aid may be expected from other states in the west. The General ^ nf * sure ly we ma y y et *° r ne ^P ^ rom tne government of Government the United States. As bonds of union, as military roads, as fa- ought to aid, ... , „ . c . , &c. vonng the increase and collection of commercial revenue, as means of sustaining her Indian department, and as prolific parents of all kinds of national resource, the claims of these canals upon the general government must hereafter be allowed and fostered. That day which shall see them completed will be a proud one for our country. If the Spaniard, who, from the top of the Andes, first discovered the Pacific, felt impelled by a natural impulse to prostrate himself in thanksgiving to the Almighty, for the pros- pect with which he was indulged, what pious gratitude will become the American citizen, whenever, by the completion of these im- provements, he shall be permitted, from the political and moral elevation on which they will place him, to contemplate as wide CANAL LAWS, &c. m an expanse, animated, adorned and illustrated by every tiling in- 1817* teresling and ennobling to man ! Let it be the ambition of this v state, now to commence them, and this prospect will soon be re- alized. It remains for the committee to point out where they would re- commend to have these canals begun ; to designate the funds which they would appropriate to them at the present session ; and to state the manner in which they think it expedient to pro- vide for their eventual completion, and the discharge of all the expense to be incurred in their prosecution. Notwithstanding the perfect conviction of the committee, that these canals can be made without any serious inconvenience to the financial operations of the state ; yet they admit, that it is due to the counsels of prudence, to bring the solidity of their convic- tion to the touchstone of experiment, before the whole system is undertaken. Under these impressionSj they recommend the adoption of im- Recommend % mediate measures, for purchasing the interest of the Western in- Cpw^ land lock navigation company, and for commencing and coniple- pany " ting a canal navigation, between Rome and the Seneca river, and between Lake Champlain and the Hudson river, at a conven- ient point below Baker's falls. If the middle section of the western canal is made before the rights of the western inland lock navigation company are pur- chased, it may induce the latter, in consequence of the increased value of their property, to rise in their demands, And if the state, after a fair trial of the experiment, shall only complete the canals now proposed, and proceed no further in the whole work, yet these partial operations will open valuable and important communications, and be greatly beneficial to the community. The committee being of opinion, that those designated objects coX"tX>*J can be accomplished in two or three years, and at an expense not > e * rs - exceeding one million and a half of dollars, recommend that a board of commissioners, to be denominated the Commissioner* CoinmiKrioners of the Fund for Internal improvements, be constituted : That it raomme^dt consist of the Comptroller, the Secretary, the Attorney General, Lc ' the Surveyor General and the Treasurer. It is proposed to establish a fund, or income, to be appropria- Caftal ted expressly and exclusively to the making of these canals, and ,to be pledged for the payment of the interest and principal of '»uch loans as it may become convenient to make, and which 36 CANAL LAWS, &c, 1817. should be made exclusively upon the credit of such income, and v v * an( j not U p 0n t h e general credit of the state ; and that the comp- troller be directed to open separate books, and to keep the ac- counts of those funds distinct from the other funds and accounts of the state; the whole to be under the control and manage- ment of the said commissioners of the fund, whose powers and duties shall, besides, embrace the following objects : j Tb borrow * st ' To borrow, on the credit of the fund above mentioned, monies-. a sum not exceeding a million and a half of dollars, with interest not exceeding six per cent, payable semi-annually, and the prin- cipal reimbursable in twenty years, or at any time before, in the option of the state. ihetnTo canal To pay over, from time to time, such monies as shall be commissionars. required for the execution of the powers committed to them, by the commissioners constituted by the act to provide for the im- provement of the internal navigation of this state. ?;.' I J > P u E 1 !£ se 3d. To purchsse the interest of the Western Inland Lock Navi- gation Company. ITh t Sk eStab " ^ t ^ 1# ^ e Sa ^ comm i ss i° ners °f the fund, shall, as soon as the said purchase, or the whole or any part of the said works is completed, have power to establish and receive reasonable tolls, and to take all the necessary measures for that purpose. 5. Bali and 5th. The annual application of dollars of the monies auction duties, 1 1 sales of land, arising from auction duties, of the duties arising from salt as pledged. j ierem a f ter mentioned, and the whole of the monies, which the state may derive from the sale of unappropriated lands, shall be pledged for the payment of the said debt and the interest there- of, and shall be received and applied by the said commissioners of the fund for internal improvements ; and they shall have power to apply any unappropriated monies in the treasury to make good any deficiency or failure in the receipts of the said fund, or to borrow on the faith of the state any monies that may be necessary, to be reimbursed from the said funds, when the same shall be received. 6. To report 6th. The said commissioners of the fund, shall, at the open- uina^&c. 6 m S °f tne 06x1 session of the legislature, report a plan of fi- nance for the execution of the whole of the said canals, and also of a sinking fund for the extinguishment of the debt. The committee have proposed the plan for the following rea» =0n? i**- ( ANAL LAWS, lsu In a free government, where the people compose the sove- 181 reign authority, it is chimerical to contemplate the execution of i * .. .. * « Reasons urged a stupendous plan of internal navigation, without the adoption foi the plan re- ofa wise and economical system, which will conciliate the affec- [he^n^cam- tions and secure the favorable opinion of those who are the miUfce * source of all legitimate power. To attempt to raise by taxa- tion, the whole sum, as it will be required, will impose a burthen on the people which would be destructive of the project. 2d. The annual revenue of the state is now upwards of 924,- 000 dollars, and its ordinary expenses about 547,000 dollars, aving a surplus of near 400,000 dollars, applicable to extra- ordinary demands on the treasury, and to the extinguishment of the state debt. The auction duties for the last year amounted to about 160,000 dollars. From this fund, the sum of dollars may be therefore appropriated annually, to the payment of interest as before stated, without interfering with any other claims, and without any inconvenience to the treasury. It will be also recollected, that the direct tax of the United States, which last year drew from our treasury 365,620 r Vu dollars, has ceased to operate. 3d. The appropriations before mentioned, from the duties on auctions and salt, and the partial avails of the sale of public lands, will be at least equivalent to an immediate grant of one and a half million of dollars. On a supposition, that the western canal will cost five, and the northern canal one million of dollars, the commissioners of the fund for internal improvements, will, besides devising a sinking fund, have only to recommend a plan for raising 270,000 dollars annually, being the interest of four and a half millions. For this purpose, the following among many other sources may be indicated : And it must be ex- plicitly understood, that as only an annual revenue of 90,000 dollars will be required, until the canals from Rome to the Sene- :a river, and from Lake Champlain to the Hudson river below Baker's falls, are finished, it will not be necessary to use the unds now designated, until the happening of those events ; and hat some of themAvill be, of course, in a state of rapid accu- mtlation. 1st. A tax to be laid upon all salt manufactured in the western screes at i* • i re venue re- tistrict, at the rate of nine cents per bushel, upon that which is e^nnrendtu. CANAL LAWS, fcc. 1817. made at private works, and at the rate of twelve and a half cents —v ' per bushel, upon that which is made at the public works. 2d. The duties on sales at auction, after deducting 26,000 dollars for the Hospital, 15,000 dollars for the support of foreign poor in the city of New-York, 500 dollars for the Orphan Asy- lum Society, and 500 dollars for the Economical School. 3d. A tax to be laid upon the valuations of real and personal property, in the counties, cities or towns, which will be particu- larly benefited, by the construction of these canals, of from one- third to three- fourths of a mill upon a dollar : And the places to which this tax should apply, and the proportion of its application to each, the committee think should be as follows : New-York, at 1-2 a mill, on last year's valuation, amounting to } 41,037 Albany and Watervliet, at 3-4 mill, on do. 1 do- 4,770 The towns of Waterford, n Stillwater, Saratoga, Northumberland and ;>at 1-2 do. on do. do. 1,762 Moreau, in the coun- ty of Saratoga, All the towns of Wash-] ington county, except Cambridge, Jackson >>at 1-2 do. on do. do. 2,672 and Whiteereek, The county of Essex, at 3-4 do. on do. do. 706 of Clinton, at 3-4 do. on do. do. 1,135 of Montgomery, at 1-3 do. on do. do. 2,593 of Herkimer, at 1-2 do. on do. do. 1,914 of Oneida, at 3-4 do. on do. do. 7,098 of Madison, at 3-4 do. on do. do. 3,408 of Onondaga, at 3-4 do. on do. do. 2,869 of Cayuga, at 3-4 do. on do. do. 3,647 of Seneca, at 3-4 do. on do. do. 3,06C of Ontario, at 3-4 do. on do. do. 11,202 c of Genesee, at 3-4 do. on do. do. 5,834 of Niagara, at 3-4 do. on do. do. 2,37^ of Chautauque, at 3-4 do. on do. do. 64< The city of Troy, at 1-2 do. on do. do. 80( The village of Lansingburgh, at 1-2 do. on do. do. 18( 4tk. A tax upon all steam boat passengers, of one cent pei smile each for any distance not exceeding a hundred miles, am not exceeding one dollar for a passage between Albany am New-York. CANAL LAWS, &«■ bth. lotteries after the stuns now granted upon them are 1S17. raised, and which will probably require ten years. v^-v^w 6th. All unappropriated lands. 1th. Contributions from other states, on condition that the) shall make use of the canals, for the same tolls, as may be re- quired from the people of this state. 8th. Contributions from the government of the United States, on condition, that for all their purposes they shall use the canals for the same tolls as may be required from the people of this state. 9th. Donations of money and lands from individuals. John •Greig, Esq. has already contributed to this fund, by executing a deed to the people of this state, for three thousand acres of land lying in the county of Steuben ; and the agent of the Holland land company has given satisfactory assurances, that he will exe- cute a deed of 100,632 acres of land lying in the county of Cat- taraugus, for the same purpose. 10^. As soon as the canals, or any important section of them, urc completed, a great revenue will accrue to the state, which will speedily extinguish the whole debt, and repay to all the pla- ces, which shall have been taxed on the valuation of their real and personal estates, the sums from them respectively levied. — This revenue will arise in two ways : 1st. From the artificial mill sites, and the infinite variety of hydraulic uses to which the surplus waters may be applied. — These privileges ought never to be sold in perpetuity, but leased and kept under the control of the state, so that no individual can gain an interest in them, that may become prejudicial to thepub- lic. And, 2d. From the imposition of light tolls or transit duties, on ves- sels and cargoes descending the canals, to be increased on those ascending. . The committee deem it proper, before they conclude, to pre- sent to the consideration of the legislature, a proposition for the construction and completion of the western canal, which has been made to the president of the canal commissioners, by J. Rutsen Van Rensselaer, Esq. as follows : S.B, Desirous of aiding by every means in my power the improve- v2l£«aeiJe" ltient of the internal navigation of this state, I take the liberty of to otattmd *>* ... ... the whole work submitting to your consideration the following propositions, to be m(l (iim -> disposed of as you may deem proper. CANAL LAWS, &e, 181T. 1st. I will form a company, who shall give security in the sum r v 1 ' of one million of dollars, to be approved by the comptroller, that the whole canal from Erie to Hudson shall be completed, on the plan contemplated by the report of the commissioners, except only, that the aqueducts shall be formed of durable materials, probably cast iron, as in my opinion wood should not be used in any exposed situation. I will then contract to perform the whole work, for ten millions of dollars, five hundred thousand of which, shall, on good security be advanced by the state, to be accounted for by the company, on the completion of the canal, and shall form a part of the last expenditure ; and on each subsequent ad- vance, by the state, similar security shall be given, that the amount shall be applied to the object, and a proper proportion of the distance be completed, until the whole is finished. 2dly. I will complete the work, on like advances and security, for the sum of seven millions and an half of dollars, together with the tolls, which may be collected from the time one fourth of the canal shall be completed to the expiration of twenty years after the whole is finished, the toll not to exceed two cents per mile per ton. Or, 3(%, I will, on the like advances, furnish the like security, and finish the whole, for five millions of dollars, together with the tolls, at the rate specified in the former proposition, for the period therein specified, and for one half that sum forever there- after : should the legislature exact a toll, after the twenty years, at the rate of five dollars per ton, for the whole distance, the com- pany shall pay, and the canal be pledged as security, three per centum per annum, on the whole advance, or refund to the state two millions and an half of dollars, at convenient periods, with interest, at six per cent. In the commencement of an undertaking of this importance, the legislature should be governed by a spirit of great liberality ; sec- tional interests should not be indulged, and no objection should be raised to the imposition of a general tax to meet a portion of the expense. If the legislature will consent to borrow the five mill- ions of dollars, funds may very easily be provided to meet the pay- ment of the interest, and to redeem the principal, at no great dis- tance of time, I am sir, with perfect respect, Your most obedient servant, J. RUTSEN VAN RENSSELAER. Clare Wfo Wh March 1817-. CANAL LAWS, fee. To the acceptance of either of these propositions the commit- tee are entirely opposed, being* persuaded, from a variety of im- ^ portant considerations, that the state should retain the perfect not to be tccep. control of this canal, in every period of its construction and fu- ture regulation. XVI. REPORT Of the Commissioners on the Northern or Champlain Canal. In Assembly, March 19, 1817. A communication from the board of Canal Commissioners, ^ n, P** raCa * being their report on the northern or Champlain canal, was read, and is in the words following, to wit : The advantages which will result from the connection of Lake Erie with the navigable waters of the Hudson by means R '^ orf ' * c> of a canal, have been so frequently elucidated, and are indeed so obvious to every one who possesses a correct geographical knowledge of the west, that it has been deemed unnecessary to enumerate them. But, presuming that the benefits to be derived from a similar communication with Lake Champlain, are not fully understood or duly appreciated, the commissioners ask the indulgence of briefly pointing out a few of the most prominent of these benefits. That part of this state which is contiguous to Lakes George Cwntnr i st« i • . i , abound* in and Champlain, abounds in wood, timber, masts, spars, and wood, &c lumber of all kinds, which, transported by the northern canal, Would find a profitable sale along the Hudson and in the city of New-York, instead of being driven, as much of those articles have heretofore been, to a precarious market, by a long and ha- zardous navigation to Quebec. Some idea may be formed of the immense quantity of lumber which would be conveyed on the contemplated canal, from the following statement, made on the best authority, and which em- braces only that small section of the northern part of this state, from whence the transportation is carried on to the city of New- York, or to intermediate markets. 2 (jOO 000 Within that tract of country, embracing the borders of Lake boardTipUok George, and timber land north and west of the great falls in | n "* c * & ,n * : " 288 CANAL LAWS, kc 1S17. Luzerne, there are annually made, and transported to the south- * 4 ' two millions of boards and plank ; one million feet of square n^ mp!ainCa " timber, consisting of oak, white and yellow pine, beside dock- logs, scantling, and other timber to a great amount. A considerable portion of the northern part of this state is rough and mountainous, and, in a great measure, unfit for agri- cultural improvements. These broken tracts are covered with native forests, which, by the contemplated canal, would furnish vast supplies of wood and lumber for many years ; and thus the great and increasing population which occupies the margin of the Hudson, would be supplied with boards, plank, timber, fen- cing materials, and even fuel, with less expense, than from any other quarter ; while, at the same time, the lands to the north, considerable tracts of which belong to the people of this state y would be greatly increased in value. The mountains in the vicinity of lakes George and Champlaia lion Ore?. produce a variety of minerals, among which are found, in inex- haustible quantities, the richest of iron ores. Several forges are in operation in the counties of Washington, Warren, Essex and Clinton, the number of which may be indefinitely increased ; and the iron which they produce, is very little, if at all, inferior in quality to the best iron manufactured in the L T nited States : nor can it be doubted that, after the completion of the contemplated canals, the middle and western parts of this state would be fur- nished with this necessary article on more advantageous terms than it can at present be procured. The inhabitants of a large tract of country on both sides of Ashes? Pea "lake Champlain, embracing a considerable portion of the state of Vermont, would find, by the northern canal, a permanent mar- ket in the city of New-York, or at intermediate places, for their pot and pearl ashes, and also for all their surplus agricultural productions, from whence they would also be cheaply supplied with all the necessary articles of foreign growth. The iron of the northern Dart of this state, which at present is Marble quar- . ^ 1 ties. unwrought in the mine, and the fine marble of Vermont, which now lies useless in the quarry, would be converted into useful and ornamental purposes, in the west, in exchange for salt and gyp- sum ; and thus the large sums which are annually sent abroad for the purchase of iron, of salt and of gypsum, would be retain- ed among our citizens, and added to the permanent wealth a£ Oils state. CANAL LAWS, kc 28£> In short, the connection of Lake Champlain with the Hudson, 1817. by means of a canal, would greatly enhance the value of the ^~ — v J .... . . . Chuuiplum northern lands ; it would save vast sums in the price of trans- CanaL portation ; it would open new and increasing sources of wealth ; it would divert from the province of Lower Canada, and turn to the south, the profits of the trade of Lake Champlain ; and, by imparting activity and enterprise to agricultural, commercial and mechanical pursuits, it would add to our industry and resource?, and thereby augment the substantial wealth and prosperity of the state. The examination and levels for this canal, have been made un- L. Gario made ..... / ., .. . . T . ~ . examinations, der the direction of the commissioners, by col. Lewis Larin, and & c . and rou»» the line for the same has been marked out upon the maps here-^ 10 ^ 0111 ^ with presented. There are two places of departure from the Hudson, in order to connect thatriver with Lake Champlain,each of which affords a very favorable route, in point of soil, to be excavated, and of materials for the artificial works. One of these routes, by commencing at the mouth of Fort Edward creek, and pursuing the valley of that creek to the summit level, and then following the ravine of Wood-creek, will reach Whitehall, in the distance of twenty-two miles. This route was formerly deemed most eligible by a board of commissioners, composed of general Schuyler and others. It is, however, supposed, by the engineer, that the other route may be preferable, which commen- ces about six miles further down the river, near the mouth of Moses' kill, and which by the natural channel of this kill, and of Dead creek, joined to a short length of artificial canal, forms the summit level from whence it proceeds — partly by the natural channel of Wood creek, and partly by artificial cuts, which greatly shorten the distance, to Whitehall. The length of this route is twenty-eight miles, and it passes over a soil which is, in general, remarkably favorable, consisting principally of vegeta- ble mould, loam and clay. At the northern termination of the canal, a few yards of limestone excavation will be necessary ; dm, however, is not deemed an unfavorable circumstance as the ; tone are of such a quality as will be useful in the construction if locks, and it may be remarked that the materials for the con- struction of the locks between Lake Champlain and the Hudson an be procured with little difficulty. Between the Hudson and Lake Champlain nine locks will be ton* locks lfccssary, viz. three at the Hudson of 7.779 feet lift each, by" €CMI,r7 ' 37 V 290 CANAL LAWS, fcc, 1817. which the summit level will be attained, and by a deep cutting, % V""— J the erreatest depth of which will be 12.465 feet, and the length Champlain . Canai. of which is about two miles ; the summit level will be extended fifteen miles, and will terminate about one mile south of Fort Ann, At this place two locks will be necessary, of 6.217 feet lift each. Between this point and Whitehall, two locks, the first of 8.223 feet lift, and the next of 9.243 feet lift, are to be made. At Whitehall, the canal is to be connected with Lake Champlain by two Jocks of 8.550 feet lift each. About fifteen miles of this route will need no excavation, as the canal for that distance will occupy the natural channels of Moses 5 kill, Dead creek and Wood creek. In order to turn off as much as possible the su- perfluous waters of freshets, and to insure at all times a sufficien- cy of water on the summit level, it is proposed to erect a dam across half-way brook, of eighteen feet in height, half a mile above the mouth of said brook, and by a natural ravine leading to the south, to direct so much of the water of said brook to the summit level, and from thence by several waste- wiers, into the Hudson, as may be necessary for the convenience of the canaf. The water in the canal is not to be less than thirty feet wide at the surface, twenty feet at the bottom and three feet deep, and the locks to be seventy-five feet long and ten feet wide in the clear* Expense. ^ mo de f calculation heretofore adopted by the com- missioners, the whole expense between Lake Champlain and the Hudson, at the mouth of Moses 5 kill, will not exceed two hun- dred and fifty thousand dollars. Stillwater. From the mouth of Moses 5 kill it is proposed to improve the channel of the Hudson for the purposes of navigation as far south as the village of Stillwater, at the head of Stillwater falls. This may be effected in the following manner. By erecting a dam three feet in height across the Hudson, at the head of Fort Miller falls, the river above as far as Fort Edward, would at all times afford a sufficiency of water for boats drawing three feet. To overcome the descent of Fort Miller falls, a side cut or arti- ficial canal of about one mile in length, and with two locks of 10,321 feet lift each, will be necessary. These works, including the dam, locks, excavation, towing path, and all other expense?, may be estimated at fifty thousand dollars. Two and a half miles below the south end of this canal? at CANAL LAWS, fcci m vkc head of Saratoga falls, a dam three feet in height is to- be 1817. made across the river, and ;i side cut round the falls, similar to ^~v-w the above, of about one mile in length, with two locks of 6.198 C ^3 lala feet lift each. It is believed that all the artificial works at this place may be constructed for thirty-five thousand dollars. Thirteen miles below this place, at the head of Stillwater falls, another dam of three feet in height, will in like manner en- sure a good boat navigation up to the Sam tog a falls. The cost of this dam, the construction of a towing-path, with Cestoi Jam, several bridges, the purchase of Schuyler's mill, which it is sup- posed will be necessary, together with all the other expenses of this section, are estimated at fifty thousand dollars. From the village of Stillwater, at a point above the dam last mentioned, it is proposed to cut an artificial canal to the village of Waterford, where it is to be connected with the Hudson. Water'otd This canal will be supplied with water from the river at its upper end. Its length will be nearly twelve miles, and the whole de- scent is 76.464 feet ; which will require eight locks. The ex- cavation of this canal, for some distance near the upper end, will he considerably expensive, as it passes through a slate rock, the middle and lower parts, however, are very favorable. I The expenses from Stillwater to Waterford, may be estima- ted as follows : 7G feet lockage, at £1000 per foot, £76,000 12 miles of excavation and towing-path with bridges, culverts, and other necessary works, at an average i of $30,000 per mile, 360.000 Recapitulation of Expenses. From Whitehall to the Hudson, $250,000 Recapitulation Dam, side cut and other works at Fort Miller falls, 50,000 0l '«P enses - ;Do. at Saratoga falls, 35,000 To Stillwater, including dam, &c. 50,000 From Stillwater to Waterford, including lockage, 436,000 \dd for contingencies, engineers, and superintendence, 50,000 Total, $871,000 Whether the canal from Lake Champlain enters the Hudson a Fort Edward creek or at Moses' kill, is not very material in he estimate of expense ; and the commissioners wish to be ex- CANAL LAWS, 181?. plicitly understood, that they consider this question as still opeitj k *^v-^/ and as one which will require mature deliberation. It is ascer* C c3 laia tained tnat botn routes are equally practicable. The termination of the northern canal in the Hudson at Wa* terford, will afford the cities of Albany and Troy, and the villa- ges of Lansingburgh and Waterford, a full participation of its benefits ; and its approximation to the great western canal, will open the most beneficial channels of communication between every great section of the country, and furnish every facility for promoting the activity and enlarging the sphere of inland trade, which constitutes one of the principal elements of national opu- lence, prosperity and greatness. And before the lapse of half a century, those who succeed us, will witness, in the consolidation of those cities and villages into one great city, a union of in- terests and sympathies which will totally dissipate the apprehen- sions and jealousies that may now exist. AH which is respectfully submitted, DE WITT CLINTON, S. VAN RENSSELAER, MYRON HOLLEY, SAMUEL YOUNG. Albany, \%th March, 1817. APPENDIX. APPLICATION TO CONGRESS. Application 2\> the honorable the Senate and House of Representatives of the to on e re.s. United States in Congress, the representation of the Commis- sioners of the state of New-York^ in behalf of the said state t 'respectfully sheweth : — Powers stated. That tne legislature of the said state, in April last, passed an act to provide for the improvement of their internal navigation, of which act we take the liberty of transmitting herewith a copy. In this it will be seen, that a board of commissioners is consti- tuted, and that among other duties enjoined upon them, they are required to make application to the government of the United States, for cessions, grants or donations of lands or money, for Canal laws, uc> Hie purpose ot aiding in opening a communication, by means 1817. of canals, between the navigable waters of Hudson's river and K "jT~^ r ~J"" y Lake Erie, and the said navigable waters and Lake Champlain. Champlain ca- To fulfil this requisition, then, is the object of this address. Next to the establishment and security of the right to self- Object imp©r. government, we flatter ourselves, that no object requiring legis- lative interference, can be found more interesting than the one which we are charged to lay before your honorable body : And we venture to solicit your favourable consideration of it, in full confidence, that an enlightened public spirit may justly give to it such a measure of patronage as cannot fail to produce signal benefits to the nation. The benefits to be acquired by the United States, from the Benefit t© the i 11 \ • Umted States. construction of these canals, will most obviously and immedi- ately affect their pecuniary and political interests. More re- motely, indeed, they will exert a favourable influence upon every object embraced within the scope of an enlightened and paternal policy. If we consider the extent and fertility of our territory north-west of the Ohio ; the large proportion of it, which yet remains unsold ; the disposition and the ability which our eastern fellow citizens possess to purchase and to improve it, we cannot be insensible of the great pecuniary advantages which would result from opening to them a safe, easy, and economical passage into that territory. Every dollar saved to them, in the expen- ses of removing thither, would operate to enhance the value of the public lands, and at the same time, to hasten their settle- ment: And it is obvious, that a canal from the Hudson to Lake Erie would save a very large portion of these expenses. The number of persons to be affected by this consideration, cannot be accurately stated. It certainly would not be small. We axe well assured, that in the course of one year, since the war, more than twelve thousand new settlers, almost exclusively from the east, have established themselves within the limits of this state, west of the Genesee river. Whatever adds to the value of all that land produces, must increase the v alue of land itself. To a country, which depends upon a distant market for the sale of its surplus productions, it is of great importance to afford every possible facility of transpor- tation ; for all that is taken from the expense of transportation is added to the value of the articles transported : and by cheapening 294 CANAL LAWS, &c. 1817* the rate of carnage many articles are rendered valuable, whicli ■ — ~"v f would otherwise be worthless- Erie and , . , Champiain ca- Moreover, if habit or the necessary accommodation of life, require that such a country should consume foreign goods to the amount of all its surplus productions, it is evident that the land- holder there, enjoys a two-fold benefit in every increased facility of transportation. Perhaps the whole of the country between the great lakes, the Mississippi and the Ohio, (certainly the greater part of it,) would derive, from the completion of our principal canal, greater advantages for distant communication than any country, so far inland, has hitherto enjoyed, and in- comparably greater than that country can ever derive from any other means. Regarded, then, merely as a measure of pecu- niary wisdom, we trust your honorable body will make such an appropriation in favour of it as will ensure its accomplish- ment. Considerations But considerations of a political nature, seem to us, most ur- mt^re urged 1 gently to recommend the construction of these canals. The great influence exercised over the western Indians, even in our own territory, by the subjects of a foreign government, we have always had numerous reasons to wish destroyed. This influence depends materially, upon establishments erected for the promo- tion of the fur trade. Any measure that would open, between one of our sea-ports and the region where furs are collected, a road in all respects preferable to any other, besides drawing to our own citizens a profitable commerce, would tend, eventually, to the subversion of that influence, and, in the mean time, offer to us important facilities for controling it. The trade carried on between our country and the Canadian provinces, is already considerable, and is rapidly growing. — The fruits of the earth from the southern shores of Erie and Ontario, and from the borders of Champiain, find their way to the ports of our northern neighbours, cheaper than they can to any which offers a market of our own, and are there exchanged for the various commodities of foreign countries. This trade is, indeed, profitable to many of our citizens who engage in it, but it is much more so to the British. Subject to their control, they direct it to the advancement of all their public interests. And it is no mean instrument of that advancement. It is evi- dently the vital spirit of their internal navigation, which it can- not fail to exalt into a consequence that may hereafter greatly Erie and CANAL LAWS, fcc. affect us. Would not the prosecution of our projects to com- plete effect, result, immediately, in giving to the citizens of the United States, the entire profits of this trade, and to government champbin ca- all the security and influence connected with a thickly settled frontier, and a most decided superiority of shipping on the lakes ? Nothing can be more certain, than that the continuance of our The contln . N Union is essential to our freedom. The means of this continu- a » n ceofthcUri - ance are to be found only in the strength of our common inter- ests. Whatever extends and consolidates these interests, then, must be of distinguished importance to the government ; and can any thing be imagined, more efficaciously conducive to these ob- jects, than opening to distant sections of our country, the means of easy and profitable intercourse ? Virtuous and enlightened men among us, have long delighted themselves with looking for- ward to the period, when a canal communication between the Hudson and Lake Erie would afford, to half the United States more ample means of promoting every social interest, than have heretofore, in any country, been furnished by the accomplishment of any human enterprize. The advantages of canals were not entirely unknown to an- Canals not uu> cicnt governments. Among them, the wisest and most powerful j^cienVl-c^ executed works of this kind, in every direction through their ter- ritories, for the purposes of agriculture, commerce and war. — The vestiges of many of these are still discoverable, and they are doubtless to be reckoned among the most impressive memorials that remain of ancient greatness. When we recollect the instru- mentality which canals have formerly exhibited in collecting the blessings of wealth, strength, and a crowded population for every country through which they passed, and see those very countries by the neglect and ruin of them, reduced to their original bar- renness, can we suppress a conviction of their immense utility But, it is not alone from history, and the faint traces of them which have survived the lapse of many centuries, that the advan- tages of these improvements are to be made known. There are proofs more conclusive. Our own times furnish them. In con- Present canals, templating the present state of Europe, it is impossible not to be struck with the number and extent of her canals. And we per- ceive that they abound most in those countries where the wants of the social state and the means of power . have been mo«i dili- CANAL LAWS, fee. 1817. gently explored, and are most profoundly understood. We see K ~~^ sr ~-^' them there enabling extensive empires to hold in speedy adminis- Champiain ca- tration, to every public object, all the resources of their most re- mote sections ; and, at the same time, increasing those resources prodigiously by the economical exchanges of which they are the occasion. Experience is always a safe guide. It is especially to be trusted when it has been acquired in the midst of difficulties and dangers, and has been sanctioned by the wisdom of different nations. If, then, in the pressing exigencies of recent events, when every power of national defence and annoyance has been exerted, when all the capacities of men, as individuals, and in po- litical combination, have been remarkably evolved, we observe in that quarter of the globe, a perpetually growing attention to the subject of canals, is it not expedient, is it not wise for us to en- gage in making them ? No country is more susceptible of all their benefits than ours — none of large extent presents fewer im- pediments to their construction. They constitute improvements peculiarly fit for a republic. They contribute equally to the safety and opulence of the people, and the reputation and resour- ces of the government. They are equally desirable in reference to the employments of peace, and the operations of war. In whatever light they are viewed, they seem to combine the sub- stantial glories of the most splendid and permanent utility. Practicability But if the execution of those of which we are the advocates be ofthep,an,&c * impracticable, or would involve an expense disproportionate to their value, they can have no claim upon the favor of the national legislature. On these topics, we entertain no doubts. The mi- nute examination which has been made this season, under our su- perintendence, of all the lands which these canals will traverse, has convinced us, that an expenditure not exceeding ten millions of dollars would be sufficient to perfect them. Shall they remain unattempted ? The state of New-York is not unaware of her in- terests, nor disinclined to prosecute them ; but where those of the general government are united with hers, and seem to be para- mount, she deems it her duty to ask for their assistance. Where- fore, in her behalf, we solicit your honorable body to make such an appropriation, in lands or money, to aid in the construction of these canals, as you, in your wisdom, may think reasonable and just. c CANAL LAWS, 207 fey order, and in behalf of the said commissioners, at a meeting 1817. held in Albany, on the 10th of November, 1816. 1 — ~v f Erio and DE WITT CLINTON, President, champiaiu ca- nals. Copy of a letter to the Governor of the state of Ohio. Albany, 1 1th November, 1816, SIR, By an act of the legislature of the state of New-York, passed Le,ter *° ii • • r of Ohio. at the last session, a board of commissioners was constituted for the purpose of ascertaining the practicability of connecting, by a canal, the navigable waters of the Hudson river with Lake Erie. As the organ of that board, and in compliance with the requisi- tions of said act, I beg leave, through you, to solicit the attention of the honorable the legislature of the state of Ohio, to this inter- Csting subject. A careful examination, by competent engineers, of the route oi the contemplated canal, fully authorises the belief, that it can be made at an expense, which, although considerable, will be vastly overbalanced by the utility of the object. A facility in the trans- portation to market of the abundant productions of the west — a rapid and easy interchange of commodities of foreign and domes- tic growth — an increasing activity in commercial and agricultu- ral pursuits, and a consequent enhancement in the value of lands, are some of the most obvious benefits to be realized from a com- munication between the great lakes and the Atlantic, by means of a navigable canal. Nor can it be disputed, that from the local situation of the state of Ohio, the luxuriance of her soil, her growing wealth and in- creasing population, she will be among the first to enjoy these advantages. As the citizens of the state of Ohio, in common with those of the state of New-York, will enjoy the benefits of this improve- ment in the means of internal communication, it seems to be the dictate of justice, that with tiiem, they should also partjeipate in the expense. The legislature of the state, distinguished for patriotism and liberality, are therefore, respectfully invited to partake with N#W 3S m CANAL LAWS, kc. 1817. York, in the lasting advantages and immortal honor resulting v — "V — from the accomplishment of an object so important. Erie and r _ , \ . r , Champiain ca- 1 have the honor to be, &C. n31 * DE WITT CLINTON, President of the Board of Canal Commissioners^ Excellency the Governor of Ohio. comm'unfcatei The f° re go in g tetter was communicated by the Governor, to lltoth rt!f g i 8la * tne Senate and House of Representatives of the state of Ohio, as tare of Ms state. r follows : " I communicate to you copies of a letter from De Witt Clin- ton, Esq. president of the board of canal commissioners in the state of New-York. That state contemplates making a canal which will connect the navigable waters of the Hudson river with Lake Erie. T The advantages of such a water communication to the state of Ohio, generally, and in a particular manner to the northernpart of it, are so manifest, that I am persuaded you will not hesitate to give the subject that careful examination, its great importance requires. " I recommend to your consideration the propriety of using such means as you may deem proper, td ascertain the practica- bility and expense of the contemplated canal. Should the infor- mation obtained on these points, be satisfactory, it will become the duty of the people of Ohio to give all the aid in their power, towards effecting an object, in which they are so deeply interes- ted." On the subject of this communication, a joint committee of both houses of the legislature of the state of Ohio was appoint- ed, who made the following report Report of joint The j° mt committee to whom was referred the communication committee of f n j s Excellency the Governor, of the eleventh ult. together with both houses in . ° ObPo. the accompanying letter from the honorable De Witt Clinton, on the subject of the contemplated canal from Lake Erie to the Hud- son River, have had the same under consideration, and now sub- mit the following report : — From a view of the subject submitted to their consideration, your committee are fully impressed with the belief, that the ma- king of a canal from the Hudson river to Lake Erie, is an object of the first importance to this state, and the United States in gera- f*fa). froth in a commercial and in a political point of view. The CANAL LAWS, kc. facility which it will aflbrd to the exportation of the surplus pro- 1817. duce of our luxuriant soil, and the consequent encouragement of v*^v-^ agricultural and commercial enterprize, are objects too obvious to champion* pass unnoticed, and of too much importance to be neglected ; as na,s - affording a safe, easy, and expeditious mean of a mutual inter- change of commodities between different sections of our common country, highly advantageous to all, as increasing the commercial connexions, friendly intercourse, and ties of interest, and by these means strengthening the bonds of union between remote parts of the nation. The contemplated canal presents advantages vastly superior to those resulting from any work of the kind, accomplish- ed by the industry of man, in any age or country. From a geographical view of the state of Ohio, extending for a great distance on its northern frontier along the extensive naviga- ble waters of the St. Lawrence, presenting all the advantages of a northern market, and washed on the eastern and southern boun- daries by one of the great branches of the Mississippi, affording an easy access to a soudiern market, and a facility in obtaining the various productions of the south ; connecting the northern with the southern, and the western with the Atlantic States : Consid- ering its happy climate and the luxuriant fertility of its soil, in- tersected by navigable rivers, and unbroken by mountains, we are struck with its natural advantages, which, if improved by an enlightened and liberal policy, will render the situation of Ohio inferior to that of no state in the Union, or country in the world. Among these improvements the contemplated canal is unques- tionably of the first importance. Sensible that a work of such magnitude cannot be effected without the united and vigorous exertions of those interested ; and fully impressed with the belief that the greatest advantages will result to the United States gen- erally, and particularly to the state of Ohio, as well as the state of New-York, from the completion of the contemplated canal ; your committee are clearly of opinion, that true policy as well as justice, require the state of Ohio, to lend its aid to the accom- plishment of a work of such incalculable utility : We are at the same time sensible, that the funds of this state will not permit us to aid in the undertaking, in that proportion which might be expected from the relative population of the state. Your committee have had no accurate means of ascertaining the probable expense of the proposed canal ; but from the best information they have been able to obtain, they are induced to CANAL LAWS, &c. ^hereupon. 1317. believe that the work is not only practicable, but can be acconv* ^ — v ' plished at an expense within the reach of those interested : and Erie and . . . . . Champiain ca- irom the enterprising spirit and enlightened policy of the state of New- York, they feel little hesitation in believing that it will be undertaken. Your committee are at present unable to point out or recom- mend any particular method of aiding in the proposed work, not being in possession of any information relative to the system or plan which may be adopted by the state of New-York, for effect- ing the object. Your committee respectfully submit for consideration the fol- lowing resolutions. Resolution Resolved, by the general assembly of the state of Ohio, That this state will aid, as far as its resources will justify, in making the contemplated canal from Lake' Erie to the Hudson river, in such a manner as may be deemed most advisable, when the plan or system which may be adopted by the state of New- York, for the accomplishment of that work, may be known ; and that his Excellency the Governor, be requested to open a correspondence with the Honorable De Witt Clinton, or such other persons as he may think necessary, and take such other means as he may deem advisable, in order to ascertain the practicability and prob- able expense of making said canal ; the probable time when the same will be commenced ; the plan which may be adopted to carry it into effect, and such other information as he may deem important or useful, and communicate the same to the General Assembly at their next session. Resolved, That his Excellency the Governor, be requested to. transmit a copy of the foregoing report and resolution to the Ex- ecutive of the state of New-York, and to the Honorable De Witt Clinton, president of the board of .commissioners for the canal from Lake Erie to Hudson's river. THOMAS KIRKER, Speaker of the House of Representatives. ABRAHAM SHEPHERD, Speaker of the Senate* January 21th, 1817. Secretary of State's Office, ) Columbus, Ohio, 14th February, 1817. 5 I certify the foregoing to be a correct copy of the original lemaining on file in this office. TER. M'SJM, Secretary of State, CA$\L LAWS, This report was enclosed to the president of the board of com- 1817. missioners, by his Excellency the Governor of that state, in the v*^-v-^^ following letter. ttSptocv Executive Office, Columbus, Feb. 10th, 1817. Letter of Gov. Sir, of 0hi0 ' Your letter of the 1 1th of November, was received in due time, and communicated to the general assembly of Ohio, as you will perceive, by the resolutions, which I have the honor now to en- dose to you. Any information which you may deem proper to communicate, in addition to that requested by the first resolution, will be thankfully received and laid before the legislature of Ohio, at their next session. Very respectfully, T. WORTHINGTON. De Witt Clinton, Esquire. Applications, similar to the one herein before contained to Ohio, have been made, by the commissioners, to the states of Vermont and Kentucky, from which no answers have hitherto been received. Miscellaneous particulars of information respecting the Middlesex canal, near Boston, in the state of Massachusetts. The following information, respecting the Middlesex canal, . Part culars was obtained in May last, by two of the commissioners who vis- concerning itcd and carefully examined that canal, throughout its whole ex- Uai? dIesex ° a tent, and committed to writing, on the spot, the result of their own observations, as well as the answers to all their enquiries, which were obligingly given, by the very intelligent agent (Mr. Sullivan) of the canal company. The canal is 27 miles long, and connects the tide-water, in Boston harbor, at Charlestown, with the Merrimack river. The water in the canal is 30 feet wide at its surface, 20 feet at itsbot- om, and 3 feet deep. The Concord or Sudbury river crosses he line of the canal on the summit level, 22 miles from Charles- own, and 5 miles from the junction of the canal with the Merri- nack, and wholly supplies it with water for locking down each |.vty from the summit level. From tide-water to the summit level |s an ascent of 104 feet, and from thence to the Merrimack, a de- cent of 32 feet. There are. in all, 20 locks, of different lifts, of CANAt LAWS; he. 1 317. which the highest is 12 feet. These locks are 75 feet long in the % y * clear, 10 feet wide at the bottom, and 11 feet at the top. champiain ca- Boats, for the transportation of merchandise and produce, car- nals * ry 14 tons, and are drawn by one horse 3 miles an hour. Packet- boats pass the whole length in 5 hours coming down, and 7 hours going up. To each boat there are three men j two, however, are sufficient to manage the boat on the canal, the other being wanted only on the Merrimack river. From the summit level down the canal there is a current which exceeds in no place half a mile per hour, there being a fall or descent in the canal of one inch per mile. The expense of transporting a ton the whole length of the canal is $3 50, of which sum $1 70, is toll, and $1 80 is freight. Across the canal there are 50 bridges made by the canal com- pany ; they consist of 2 stone abutments (1 on each side of the canal) 20 feet apart : from one of these abutments to the other, are laid sills or string-pieces, of wood, covered with plank, and of sufficient heighth for the towing horses to pass under. The towing path under the bridges occupies 6 or 7 feet. Two miles from the lower end of the canal, Mystick river, a turnpike road, and the canal run a little distance parallel with each other, the road being between the canal and river. Here is afforded a good opportunity of comparing the relative advantages of these three modes of conveyance. Heavier boats than those above mentioned, are used on the ca- nal for the transportation of fire-wood, lumber, &c. : they are shaped like a scow ; are 75 feet long, 9 1-2 feet wide, and carry 25 tons of wood. The towing path is generally 8 feet wide, so that horses and oxen may easily pass each other. On the opposite side of the canal, where a towing path is not wanted, the upper surface o! the bank or embankment, is 5 feet wide, and this is found to be sufficient. A branch-canal, or side-cut, is made to connect the main canal with Mystick river, near Medford ; this is owned b) a separate company, and is principally used for transporting timber to Medford for ship-building. The canal company was incorporated in 1789, and the nex year commenced the work of making the canal. When the ca- nal was begun the price of labor, by the month, was $8. Th< canal was opened for use in 1804, though not completed in 1808 When Mr< Sullivan took charge of it. Some repairs and nev canal Laws, &lc. constructions have been made every year since. In assessments 1817. upon the proprietors, there has been laid out on the canal V *^T~" V i $528,000, and about $00,000 more, derived from tolls, has been Cbuaplaia <•;> expended in buildings, wharves, &x. At Medford is a swivel bridge, which is found to be very inconvenient. The principal articles transported on the canal, are wood, timber, lumber of all kinds, pot and pearl-ashes, rye, oats, provisions, and building stone from the Merrimack to Boston. Last year 12,000 cords of wood were transported down the canal, and there are more tons of timber, in rafts, brought down, than of wood. More than one half of the whole length of the canal is more or less embanked, or raised above the natural surface of the ground. Above Medford is an aqueduct across the Mystick river, of which the abutments are 100 feet apart, and between them are three stone piers, each 8 feet thick, for supporting the aqueduct. The tide flows up the Mystick river above this place. The surface of the water in the aqueduct, is 10 feet above the surface of the water in the river below, at high water. This aqueduct consists of a kind of trough, made of timber and plank, which has stood 1G years, but is beginning to decay. The timber is framed to- gether in the usual -way of carpenter's work, by tenons and mortises, and strengthened by braces. As tenons soon rot and give way, it might have been made on a better and more %: durable construction, with knees and bolts, in the manner of ship- building. At the upper end of the aqueduct is a lock of 12 feet IP- Mr. Weston, an English engineer, took the levels of the whole length of the line of this canal, part of the way on two routes. fie estimated the expense of making it, at 100,000/. sterling, The company went on to make the canal, without any further aid Yom an>- European engineer, and found Mr. Weston's levels to be \ correct. Over Syms' river is an aqueduct, of which the abutments are , 20 feet apart, with three intervening piers. The water in the queduct is 30 feet higher than the water in the stream below. Fhese aqueducts all afford convenient w aste-weirs. When the 'ater is not drawn off from the canal at the commencement of w ['inter, the expansion of its freezing spreads and injures the tim- ers of the aqueducts ; wherefore it is the practice, just before ie winter sets in, to draw oil" about one-third of the w ater, i Half a mile above the last mentioned aqueduct, is deep cuf« CANAL LAWS, fee. 1817* ting, 40 rods in length, through loose sand and gravel. In the N v ' deepest part, the excavation is 20 feet below the natural surface Cbamplainca-of the earth; and the part excavated, is here, from 90 to 100 feet nals> in width, at the top. The earth was chiefly carried away in wheel-barrows, some in carts, to an embankment just above, on the right side. Haifa mile higher up, the earth is very porous, and on the right side the water leaks out through or under an embankment : this might have been prevented by putting two or three feet of water-tight stuff in the bottom of the canal. Near this place are two water-gates, by which the water of the canal is drawn off, in the spring, for the purpose of clearing out the earth, stones, &c. which fall into it and injure the navi- gation. The expense of this, is perhaps $500 a year. Mr. Sullivan states, that he has had a steam-boat on the Mer- rimack river, for the purpose of towing boats ; he found that a man, by a rope, could easily hold a boat in tow, immediately astern of the steam-boat, which would require a horse, on the bank of the river, to tow with the same velocity : such, in his opinion, is the great diminution of the resistance of the water to the head of a boat which is drawn in the wake of another boat. For some weeks in the spring, the canal leaks much more than it does the remainder of the season : this is because the banks had been recently swelled and loosened by the action of the frost. Three men, with a horse and boat, are, in the sum- mer, constantly employed to keep the banks, and particularly the towing paths, in order. The lands, within 6 miles of the canal, on each side, have increas- ed one-third in price ; while land in the country, generally, re- tains its former value. In the state of New-Hampshire, through which the Merrimack flows, timber is now worth from 1 to 3 dollars per ton, standing : before the canal was made it was worth nothing ; so that in the article of timber alone, that state is supposed to have been benefited to the amount of at least 5,000,OOC of dollars. The woodland there, has risen in price, since the open- ing of the canal, from $2 per acre, to $6, gS and §10 per acre Tn Woburn, a pretty high embankment, which was made in tin winter, across a marsh, sunk down in the spring at the breaking up of the frost, so that its top was just level with the natura earth : another embankment was then raised upon it. Nea fhis place, the canal, by a deep cutting of 25 feet, passes throuffi CANAL LAWS, &c 605 a bill. An embankment at Maple meadow, in the town of Wil- 1817. mington, is near 80 rods long, and 25 feet high, to the top ^— v — of the towing path. At a place called the Sinking Meadow, in Ch ^™ e pla ™ the above named town, an embankment is made across a nal3 - marsh of about 30 rods in extent. When this embankment was commenced, it was found that the dirt and stufl' carried on to form the embankment, kept gradually sinking into the mar.^h ; when measures were taken to ascertain how much it would sink ; the laborers continued to carry on stuff, which gradually went down, until the whole embankment sunk to the depth of 60 feet ! The great expense of making this embankment across the marsh might have been foreseen and prevented. The depth and softness of the marsh might have been ascertained by sounding it with an iron rod, and by conducting the canal circuitously around its margin, a solid foundation might have been secured. By the act of incorporation, the legislature authorised the company to occupy five rods of land, in width, on one side of the centre of the canal, and 3 rods on the other. If the owners of the land did not apply for pay within a year, it was deemed a donation. In the statement of monies expended, be- fore made, are included the costs of several law suits, the build- ing of boats, of offices, the purchase of 70 acres of land, and the .erection of mills at Billerica. The land and mills cost $10,000. There is no income derived from hiring out water privileges for hydraulic- operations. The canal receives its whole supply of water from the Concord river ; and if any were let out for hydraulic purposes, a current would be created, the inconve- niences of which would probably more than counterbalance all die advantages of income. Either through design or accident, logs, stumps and sticks, were in seme places left in the bank when the canal was made; ^nd these, having now become rotten, leave unsound places through which the water escapes. A great part of the canal was made by contractors in small parts or jobs, and where two jobs of embankment met each other, the workmen did not, in ome cases, take the precaution to prevent the stones, as they ;hrew on the stuff, from rolling down together from each end of he separate job, and thereby forming a loose, poms and leaky >lace in the embankment. The aqueduct over the Shawsheen river is, between the abut- Hats, mo feet. The water in it, is 35 feet higher than the sor- 30 CANAL LAWS, fce. 1817. face of the river below. This aqueduct has been made 2d v — / years ; it is, like the other aqueducts on this canal, made of wood, ptafn canals™ anc ^ 1S s0 mucn decayed as to require temporary props to sup- port it. There are three piers between the abutments; and be- tween the outside pier and the abutment on each side, there is a kind of wood pier. On the inside, or river side, of both the abut- ments, and on both sides of the piers, at suitable distances, large horizontal timbers are embedded, which serve to support the lower ends of the aqueduct braces : when these timbers become rotten, the stone work will probably fall down. From each end of this aqueduct to the distance of 500 feet, is an embankment nearly 35 feet high. During the war, the timber used to repair the Constitution fri- gate, was brought down the canal to Boston, and that used to build the Independence seventy-four, except the live oak, was procured through the same channel, as also were many of the masts, spars, &c. which were furnished at Boston to our ves- sels of war. Without the canal, this part of the country could not have supplied these necessary articles. In approaching the Concord river, the canal passes through half a mile of deep-cutting, 800 feet of which is excavated by blasting through a hard granite rock. In seme places, this blasting was carried 7 feet into the rock, and from 14 to 20 feet wide. The deep-cutting for this half mile, is from 12 to 20 feet. Across the Concord river, a few rods below the line of the canal, a dam 150 feet long, and 8 feet high, is made. This cre- ates a pond, out of which, through the deep cutting, last men- tioned, the water flows and supplies the canal 22 miles to Charles town, at the tide-water. From the other side of the pond the wa- ter flows through the canal, 5 miles, to the Merrimack river. The water which supplies the 22 miles of canal, passes through a ho- rizontal aperture, of 6 feet by 1, with a head of 2 feet water above the upper side of the aperture. The towing path is car- ried across the pond by means ef a floating bridge, a part oi which is occasionally drawn up to let the logs, timber, and drift- wood, which collect above, pass through. There are two waste- gates in the dam, by which the height of the water in the pond can, in some measure, be regulated. In Chelmsford, within 60 rods of the Merrimack, is an aque 3uct of which the abutments are 110 feet apart, and there art C ANAL LAWS, fife. 307 H ten wood piers to support it. The water in the aqueduct, is 1817. 16 feet higher than the stream below. Between this ' aqueduct ' y ^"~~ and the Merrimack, is a fall of 32 feet, and 3 locks of durable piaincanal* 1 *" stone masonry, in tarrass mortar. Where the canal joins the ! Merrimack, a basin is excavated 10 or 12 feet below the natural surface of the earth, and 5 feet below the surface of the river, at low water. The extent of the basin is about 200 feet on the shore of the river, and half that distance on a line at right angles with the shore, being nearly semi-circular. There are, in all, 7 aqueducts on the canal, but those not mentioned above, are very inconsiderable : there are also several culverts. — Grass grows in the bottom of the canal, and obstructs the passage of the water, in autumn, to such a degree, that at the lower end of the canal, 22 miles from its source, the water is sometimes 9 inches lower than it otherwise would be. To remedy this incon- venience, a man is employed, who wades along the canal, and mows off the grass, under water, with a scythe. During the winter season, while the canal was not used, the muskrats would sometimes burrow into it, and endanger the breaking of the banks ; in consequence of which, the company had offered a bounty of fifty cents, for every one that should be destroyed within a certain distance of the canal. This bounty had caused their destruction to such an extent, that very little apprehension was entertained of their doing injury. It was the original design of the company, to employ three' officers on the canal, viz : a superintendent, a treasurer and clerk ; but that project has been abandoned, and those three offi- cers are now united in Mr. Sullivan. His compensation is a sa- lary of £1,500 a year, besides 5 per cent, on all the tolls or re- • ceipts, which are warranted not to fall short of .$20,000 per annum. The receipts of the company, from the canal, are rapidly in- creasing, The income, in 1808, was £7,000 ; in 1809, $9,000 ; in 1S10, £14,000; in 1811, £17,000; last year, $25,000; and this year, (1816) it will, undoubtedly, exceed $30,000. 208 CANAL LAWS, &c. 1817. * v ' Copy of m Letter to Paul Busti, Esq. Agent of the Holland plaibcamSr 1 " Land Company, from the President of the Board of Com- missioners. New-York, 4th January, 1817. SIR, I am charged, by the Commissioners of canals, to solicit }'Our tetter to P. attent i° n t0 the donations of lands heretofore promised by the Busti. Holland Land Company, but which was not consummated, on account of the late wa-. which rendered it almost impracticable for the state to embark in an undertaking of such magnitude and expense, at that time. The commissioners are anxious to know, with all convenient speed, whether you will renew the grant, and add to it the lands through which the canal will pass,, and which may be necessary for the operation, on condition that the canal shall be completed within twenty j-ears. The lands, of course, will not be taxed. Your prompt answer will oblige the board of commissioners, who are required, by law, to make a report to the legislature, on the subject of the canal, some time in the beginning of Februa- ry ; and I have only to add, that the whole route has been sur- veyed ; that the practicability and comparative cheapness of the canal, have been satisfactorily ascertained, and that a liberal spirit manifested by the great landed proprietors on this occa- sion, may have a benign effect, in promoting this great object. Very respectfully, I am, sir, Your obedient servant, DE WITT CLINTON, President of the board of Canal Commissioners. Paul Busti, Esq. Answer to the foregoing Letter. Philadelphia, January 9th, 1817. SIR, Answer there- I have had the honor of receiving your letter of the 4th in- stant, on the subject of the renewal of the donation of lands, heretofore made by the Holland Land Company, for promoting the execution of canal navigation, from Lake Erie to the Hud- Canal laws, Uc . ao . $ 3 > 872 96 It will be proper to observe, that in making this canal, the stone suitable for constructing buildings and other uses, were re-* moved at considerable distance, and piled ; that opening the bank and constructing guard-gates for two mills ; also, the frag-, ments unfit for use in building have been removed to fill up and make a street on the bank, the expense of all which is included in this estimate. We do not hesitate to say, in our opinion, a canal of 30 feet wide and 5 1-2 feet deep, may be worked through any limestone quarry known in this country, for $16,000 per mile. We are respectfully, Your obedient servants, MATTHEW BROWN, Jr. FRANCIS BROWN. Extract of a letter from the Hon. Joshua Forrnan, first Judge of Onondaga county, dated at Onondaga, 20th November, 1816, and addressed to the President of the Board of Commissioners* Letter from " You request me to give you a statement of the canals I have J. Forrnan. 1 , . , t . , , dug lor mills near this place. 1 cannot give you the exact length or total cost of them ; but the data I can furnish you will enable you to calculate what it would produce per mile. The first was the one passing the turnpike in Onondaga Hollow ; which was let to be dug nearly half a mile in length, 24 feet wide at top ? and 18 feet at bottom, and an average of 4 feet deep, at the rate of 50 cents per cord of 128 cubic feet of excavation. This was run through a meadow free of roots, the soil clay, with some bars of gravel crossing the canal at bottom. The second was at Sa- lina, which was about 40 rods, 40 feet wide at top and 30 feet at bottom, averaging 4 feet deep through uncleared land, and the soil a hard gravel, at seventy-five cents the cord. The last was about 60 rods, 18 feet, at bottom and about 3 1-2 feet deep, through an alluvial soil, which, after digging down % feet, proved full of logs and cfuicksand, for a foot, or more, CANAL LAWS, fee. ai? above a hard gravel. This was let at 50 cents the cord ; but the 1817. contractor complained of the unexpected difficulty, and had a * v * i 11 • ^ rio & Cham* reasonable allowance made him of about 12 1-2 cents per cord, plain canals. As to the other two, the first did not make more than ordina- ry wages ; but the same man took the second and made money by it." Copy of a letter to one of the Commissioners, from Col. Myndersc who lives at the Seneca Falls, and who is largely interested in the improvement of the navigation of the Seneca river, now part- ly completed, in that place and its vicinity. Seneca Falls, 17th February, IS 17. Dear Sir, Your favour, of the 17th ult. requesting an account of the im- Letter from provements making in the navigation ot the beneca river, at this place, came duly to hand, and would have been earlier noticed but for the absence of Mr. Lewis, the engineer and contractor, and Major De Zeng, who has had the occasional superintendence of the work. These gentlemen being alone able to furnish the information required, with accuracy, I sent them, immediately on receipt of your letter, a transcript of its contents, desiring them to send me an early answer ; but not hearing from them, I pro- 'ceed to give you such information as I possess on the subject. I •regret that it is not in my power to be more particular and cor- rect. There are nine chamber locks, and three guard locks, contem- plated to be erected in the whole distance, to wit : one chamber lock, of about 2 feet lift, immediately at the outlet of the Seneca lake ; two chamber locks at the foot of the canal, at Scawyas, of about nine feet lift each ; one chamber lock at the little Scaw- yas rapid, of about 4 feet lift ; two chamber locks at the Seneca Falls, of eight and a half feet lift each ; one lock at the same place, of about nine and a half feet lift ; one other lock at the same place, of eight and a half feet lift, and one chamber lock, at the foot of the Seneca Falls rapid, of about five feet lift. — There is one guard lock at the entrance of the canal at Scaw- 'yas, one at the entrance of the upper canal at the Seneca Falls, and one at the entrance of the fourth canal at the same place* ol6 CANAL LAWS, &c. 1817. Of these, three are completed ; one guard and two chamber s ^-— v ' locks at Scawyas, and the chamber lock at Little Scawyas. One plain canals, guard lock is completed at the Seneca Falls, and two chamber locks, at the same place are nearly completed, and the site of another is excavated, and the materials for it are on the ground, prepared to be laid up early in the spring. Some progress has also been made towards the three remaining locks. The materials with which these locke are constructed, are stone : the inner face of the walls are of hewn stone, neatly joined and well incorporated with the body of the walls, which are laid up with common lime-stone, found on the spot, in good lime-mortar and grout. The walls of the locks are six feet in thickness, and supported with substantial embankments on the outside. I am not posses- sed of data on which to found an accurate estimate of the cost of each particular lock. The whole distance of excavation, exclusive of the sites of the locks is as follows : 1st. A canal at Scawyas, on the Waterloo, side of the river.— This canal is about 250 rods in length. The expense of making it is estimated at about $3,000 No rock, or other hard substance, was met with in digging this canal. 2d. A canal commencing at the dam near the head of the Seneca Falls rapid. This canal is 36 rods in length, and is con- ducted along a lime-stone ledge. One of its embankments is al- together artificial : it is faced on both sides with stone, to pre- vent wear by the fall of rams or otherwise. Extraordinary ex- pense was incurred in making this canal, owing to the stony na- ture of the soil. The cost was about $900 3d. A canal, of about 22 rods long, is not quite finished ; will cost about $300 4th. A canal, together with a low dam, of about 150 feet long, across the river, is about 102 rods in length, and cost, including the said dam, about $1,200 A mill race was used for a part of this canal, by which the expense was considerably lessened. 5th. This canal, which will be about 40 rods in length, must, for about one half of its length, be cut, to a considerable depth, into a slate rock. Nothing has vet been done to it. It will cost at least #1,000 CANAL LAWS, U. Gth. This canal will be about 120 rods long, but from the fa- IS 17. vourable nature of the ground, it may be easily made. It can- V^-v^ The canals are to contain, at all times, three feet of water, and are to be 24 feet wide, at the bottom, and not less than 30 feet on the surface of the water. There are three dams thrown across the river, of from 3 to >\ feet in height, constructed of stone and timber. Each cost about $400. The principal dam is at the head of the Seneca rapids, is about 200 feet in length, 10 feet high and 10 feet thick at the base, diminishing towards the top to 3 feet. This dam is built of stone, in a neat and substantial manner, and gravelled on the upper side. It cost, I understand, $1,800 The Seneca lock navigation company, are bound to erect two bridges over the canals, w here they intersect public roads. — One of these is completed. It is built with stone abutments and covered with square timber and plank. It is supposed to have cost $150 The other bridge is to be built in the same manner, and will probably cost the same sum. The extent of navigation improved by these locks and canals from the Seneca lake, to the lower lock at the foot of the Seneca rapids, is about 12 miles. The aggregate amount of locking is about 64 feet. The length of artificial canalling, will be about 1 550 rods. The bed of the river is used, where its depth of wa- ter is sufficient, and where no natural obstructions exist. The locks are 70 feet in length, in the clear, between the gates, and 12 feet in width ; and are capable of passing a barge of 20 tons burthen. The stone with which the inner w alls of the locks are faced, are obtained, at considerable expense, from a quarry near the head of the Seneca lake, about 50 miles distant. The whole expense of making this navigation, it is calculated will amount to $55,000 It certaiuly will not exceed 60,000 Mr. Lewis, the engineer, although very able and competent to such works, possessed no practical knowledge of the subject, when he commenced operations here : Much expense w as con- sequently incurred, which might and would have been avoided, 1 had he had more experience. I feel confident, that the whole not cost to exceed $1,000 Er , ie & Ch * m " v ' plain canals CANAL LAWS, kc. 1817. work might now, with the experience we have acquired, be done" v— for $45,000 Erie & Cham- T . . rlain canals. 1 may yet receive a communication, on this subject, from Mr. Lewis. If so, and it should contain any tiling useful to you, I will do myself the honor to transmit it to you. I am, dear sir, Your very obedient servant, W. MYNDERSE. Myron Holley, Esq. (Copy of a letter, to the President of the Board of Commission- ers, from Johri'L. Sullivan, Esquire, who has personally ex- amined the most celebrated canals in England, France and Hol- land, has had the charge of constructing several short canals, with locks, dams, fyc. around falls in the Merrimack river, and has, for eight years, been superintendent of the Middlesex canal, in Massachusetts.) Albany, March 7, 1817. The Hon. De Witt Clinton, President of the Board of Canal Commissioners. Sir, Letter from In compliance with your request, in behalf of the board of L * Sull, * an * commissioners, I have given all the attention in my power, at this time, to the report on the proposed canal, and shall with pleasure proceed to state my impression of the estimates in gene- ral, premising, however, that without seeing the ground, it would be presumption to offer a decisive opinion on the expense. It is. therefore, with the utmost deference to the engineers, and other gentlemen who have assisted in making them, that I shall express mine, from a comparison of the description of the route with works of this nature, with which I am intimately acquainted. In comparison with the Middlesex canal, the description given of the country is peculiarly favorable : In the proportion, I should think, of three to one. That is, for the whole distance, the Middlesex canal, per mile, is three times as difficult or expensive, as to the work to be done by excavation and embankment, as the New-York state canal will be. And none of the heavyjobs will compare with what has often been done in Europe. In making CANAL LAWS, &c. 321 the comparison, it will be recollected, that the dimensions of the IS 17. canal are, as 4 to 7 ; the mean width and depth of Middlesex s^~v-^^ being 25 by 4, your canal, 35 by 5. ^VaxlX" The estimates have been made from the best sources of infor- mation in the country, and from experiments : I conclude, there- fore^ that the easy work can be done accordingly, but it would cost much more in our part of the country, if executed w ithout the aid of labor-saving machinery, as wages now are. The embankments will, 1 believe, generally, cost three timed us much as excavation ; and it is obvious to remark, that where they are extensive, the earth, to form them, must be carried the whole distance ; and the quantity of earth required will very much exceed, in square yards, at the place whence it is taken, the measurement of the bank. No doubt the board have attend- ed to these and other local circumstances : but, in the estimate the difference does not appear to be sufficient. The waste-wiers, safety gates, and other constructions to con- trol the streams, feeders, &ic. not expressly contained in the esti- mates, ought not, I think, to have been assigned to the 5 per cent, added for contingencies ; because that allowance is to be made as well on them as on other objects of expenditure. The allowance of 10,000 dollars per lock appears to me to be ample. The cost of the aqueducts depends on so many local circumstances, that I can only say, it seems to me very probable, that the estimate for them is high enough ; constructed of stone piers and the trunks of wood; but much will depend on the pre- vious preparation, and the season of the year in which the work is done. In some instances the digging of the eastern route is represent- ed as partly light and partly difficult. Where the pick ax is to be used, the digging will cost double what it will where it may be done by the shovel alone ; or, if the light loam or sand may be excavated for 12 to 20 cents, hard gravel and clay should be estimated, in my opinion, from 30 to 50 cents per yard. The middle and western sections, appear to be on the w hole ligh enough. The eastern to Schoharie crosses so many streams, ind there being some difficult digging, and considerable wall rc- |uired to sustain the banks of the canal and adjacent high grounds, that I doubt if the estimate has been sufficiently considered u all these circumstances ; but it does not appear to be, on the diole, a more difficult route than that of the Middlesex in pro- 41 I 322 CANAL LAWS, &c; 1817. portion to its distance ; I say this, however, with deference to v — v— ' the gentlemen of the board who have seen both. ^aiacS™ ^ Ut on tne wno ^ e > as tne country is so generally favorable, as labour-saving machines can be used, and as there will probably be no land or damages to pay for, the estimate appears to be high enough. In making a comparison with the Middlesex canal, having no minutes with me, I can only do it from recollection. The ac- counts, while this canal was in the process of construction, were not kept so as to admit of our knowing what any particular piece of work cost. My analysis of it, therefore, will be wholly from judgment, formed from my knowledge of the ground, and some experience in other places. The Middlesex canal is 27 miles in length, its depth is intend- ed to carry at least three feet of water. The banks where form- ed, are meant to be one foot above the water. The width gen- erally 30 feet on the surface, and on the bottom 20 feet. In car- rying the work on, it was found necessary to purchase some es- tates, the whole of which was not essential to the canal- The lands were generally paid for where most valuable. There was some considerable expense attending litigations, and perhaps some mistakes, which are not likely to happen in the proposed work. The whole expense in assessments has been 520,000 dol- lars ; not including the application of income for several years past, in renovating and completing it ; and the buildings, wharves, &c. necessary to the business. As neither of these ob- jects of expenditure apply to the present question, I shall leave them out, and also deduct 50,000 dollars as having been applied to the other works leading to the principal canal. [Here followed " Analysis of the cost of Middlesex canal, in " the state of Massachusetts," for which see Journals of the As- sembly of 1817, at page 609, &ic] If this communication, which is very hasty and imperfect, can be of any use to the board, I shall have much pleasure in the reflection of having contributed, in any degree, to the great ob- ject of their attention. With the highest respect, I am, Sir, your most obed't. serv't. JNO. L. SULLIVAN C \ \ \L LAWS, fee 1817. Albany, March Sth, 1S17. > v- < ^ Erie & Cham- ^IK? plain Canal?. The joint committee, to whom was referred the report of the Letter from . . . 111 • i r 1 chairman to De commissioners constituted by the act to provide for the improve- Witt Clinton, ment of the internal navigation of this state 3 wishing to avail themselves of the opportunity now offered, request the commis- sioners (though the information required does not form a part of their official duties) to assist them incompleting such a system of finance, as will meet the contemplated improvements, and best subserve the public interest, with the least possible burthen upon the people. I am, sir, your humble servant, Wm. D. FORD, Chairman. To the Hon. De Witt Clinton, President of the board of Commissioners. Albany, 10th March, IS 17. Sir, The canal commissioners had the honor of receiving your let- _ A "; s ^ e 5, 1 01 ° J De Witt Clin- ter, of the 8th instant, requesting their opinion, on the best plan ton. of ways and means for making the Erie and Champlain canals. It will require considerable time to prepare and digest a com- plete, judicious and well organized system of finance, for those important objects. And perhaps the session is so far advanced, that the legislature will not be able to bestow that attention on it, which their uuty inculcates, and which the public interests demand. But the commissioners have no hesitation in stating, that these important communications can be opened without any direct tax ; that the resources of the state are abundantly ample ; and that a preliminary arrangement may be made, which will answer every desirable purpose. Notwithstanding the perfect conviction of the commissioners, that these canals can be made without any serious inconvenience to the financial operations of the state, yet they are persuaded, that it is due to the counsels of prudence, to bring the solidity of their opinions to the touch-stone of experiment, before the whole system is undertaken. 324 CANAL LAWS, &c. 1817. Under this impression, the commissioners recommend the adop- * v ' tion of immediate measures, for purchasing the interest of the Erie & Cham- • i j i 1 • ^ plainCanals. western inland lock navigation company; for commencing and completing a canal navigation between Rome and the Seneca river, and between Lake Chan.plain and the Hudson river, at a convenient point below Baker's Falls. If the middle section of the western canal is made, before the rights of the western inland lock, navigation company are pur- chased, it may induce the latter, in consequence of the increased value of their property, to rise in their demands. And if the state, after a fair trial of the experiment, shall only complete the canals now proposed, and proceed no further in the whole work, yet these partial operations will open valuable and important communications, and be greatly beneficial to the community. The commissioners being of opinion, that those designated objects can be accomplished, in two or three years, and at an expense not exceeding one million and a half of dollars, would respectfully recommend, that a board of commissioners, to be denominated the commissioners of the fund for internal improve- ments, be constituted ; that it consist of the comptroller, the secre- tary, the attorney general, the surveyor general and the treasurer; and that the powers and duties of the said board shall embrace the following objects : 1st. To borrow on the credit of the state, a sum not exceeding a million and a half of dollars, by the creation of a funded debt, with interest at six per cent, payable semi-annually, and the principle reimbursable in twenty years, or at any time before, in the option of the state. 2d. The said commissioners shall keep an account of all monies received for the said fund, which monies shall be kept in the trea- sury of the state, and shall pay over from time to time, such monies as shall be required for the execution of the powers com- mitted to them, by the commissioners constituted by the act to provide for the improvement of the internal navigation of this state. 3d. The said commissioners of the fund shall, as soon as the said purchase, or the whole or any part of the said works is com- pleted, have power to establish and receive reasonable tolls, and to take all the necessary measures for that purpose. 4th. The annual application of 60,000 dollars of the monies arising from auction duties, and the w hole of the monies which CANAL LAWS, fee. J25 Viie state may derive from the sale of unappropriated lands, shall 1817. be pledged tor the payment of thr said debt and the interest v v 9 1 ° i, . • j Erie & Chain - thereof, and shall be received, by the said commissioners, and plain Canals. applied to that purpose. And they shall have power to apply any unappropriated money, in the treasury, to make good any deficiency or suspension, in the payment of the said funds, or to borrow on the faith of the state, any monies that may be neces- sary, to be reimbursed from the said funds when the same shall be received. 5th. The said commissioners shall, at the opening of the next session of the legislature, report a plan of finance, for the execu- tion of the whole of the said canals, and also of a sinking fund, for the extinguishment of the debt. The commissioners have proposed this plan for the following reasons : 1st. In a free government where the people compose the sove- reign authority, it is chimerical to contemplate the execution of a stupendous plan of internal navigation, without the adoption of a wise and economical system, which shall conciliate the af- fections, and secure the favorable opinion of those who are the source of all legitimate power. To attempt to raise by taxation the whole sum as it will be required, will impose a burthen on the people which will be destructive of the project. 2d. The annual revenue of the state is now upwards of 924,000 dollars, and its ordinary expenses about 547,000 dollars, leaving a surplus of nearly 400 000 dollars, applicable to extraordinary demands on the treasury, and to the extinguishment of the state debt. The auction duties, for the last year, amounted to about 160,000 dollais. Sixty thousand dollars of this fund may be therefore appropriated annually to the payment of interest as before stated, without interfering with any other claims, and without any inconvenience to the treasury. It will be also recol- lected that the direct tax of the United States, which last year drew from our treasury $365,620 38, has ceased to operate. 3d. The appropriations before mentioned from the duties on auctions, and the partial avails of the sale of public lands, will be at least equivalent to an immediate errant of one and a half million of dollars. On a supposition that the western canal will cost five, and the northern one million of dollars, the commis- sioners of the fund for internal improvement will, besides devis- ing a sinking fund, have only to recommend a plan for raising CANAL LAWS, &c. 1817. 270,000 dollars annually, being the interest of 4,500,000 dollars. — v— ' For this purpose the following, among many other subjects, may pbln & Caiiais! De indicated : and it must be explicitly understood, that as only an annual revenue of $90,000 will be required, until the canals from Rome to the Seneca river, and from Lake Champlain to the Hudson, below Baker's falls, are finished, it will not be necessary to use the funds now appropriated, until the happening of those events, and that they will be of course in a state of rapid ac- cumulation. The whole of the unappropriated lands of the state, consider- ing the value of several villages, and of the Indian reservations, and the quantity on hand, may be safely estimated at two mil- lions of dollars. If the whole were sold on the usual credit, the annual interest would bring 120,000 dollars. A revenue may be derived from steam-boats, without injuring the proprietors, to the amount of $30,000 annually. The income from the salt springs will be, next year, about $10,000. It is believed that this sum may be augmented, without the least inconvenience to the community, to $40,000. There are some places, which will be benefited in an extraor- dinary degree, by the canals. An annual assessment, say of $50,000 on them, would not be felt, and would be reasonable ; and it might be continued until the present grants of lotteries shall be satisfied, when that sum might be raised by substituting lotteries. The donations already made, and which may be reasonably expected, will probably amount to a million of dollars in value. The revenue, originating from the few sources here pointed out, will be amply sufficient to meet the whole sum required, ^vhich is 360,000 dollars annually, or the interest of $6,000,000. Auction duties, $60,000 Sales on public lands, 120,000 Steam-boats, 30,000 Salt springs, 40,000 Assessments and lotteries, 50,000 Donations, 60,000 $360,000 It is admitted that the whole of this property cannot, at once, be rendered productive ; but it must also be conceded, that it can CANAL LAWS, &c. 327 be rendered so, contemporaneously at least with the exigencies 1817. that will require it. v v ' , . , ' . Erie & Cham- As soon as the canals, or any important section of them are plain Canals completed, a great revenue will accrue to the state, which will speedily extinguish the whole debt ; and this will arise in two ways. 1st. From the artificial mill sites, and the infinite variety of hydraulic uses, to which the surplus waters may be applied ; but these privileges ought never to be sold in perpetuity, but leased, and kept under the control of the state, so that no individual can gain an interest in them that may become prejudicial to the public. 2d. From the imposition of light tolls or transit duties, on ves- sels and cargoes descending the canals, to be increased on those ascending. The late Mr. Fulton, from data furnished by the custom-house, calculated that 400,000 tons of freight are annually carried on the Hudson. And from a comparison between the country tra- ding on that river, with the territory embraced by the western canal, he estimated that there would be annually transported on the latter, one million tons of commodities. He further was of opinion, that the cost of transportation on the canal from Buffalo to Albany, would be three dollars and fifty-three cents a ton. A toll of fifty cents a barrel, or twenty-five cents a hundred on mer- chandize, would amount on a ton to five dollars, making eleven dollars and three cents for the expense of carrying a ton on the whole route, or one dollar and ten cents for a barrel of flour, which would be by no means burthensome or oppressive, when we consider, 1st, That the present cost of transportation by land, from Buf- falo to Albany, is $100 a ton. 2d, That the toll now paid, for a barrel of flour, passing the locks of the Western inland lock navigation company, the dis- tance of only one hundred miles, is fifty-two cents, and for a ton of goods $5 25 cents, besides a considerable duty upon the ves- sels. The same charge, for the whole extent of the western canal, a distance of 353 miles, which is now made by that company for less than one third of the distance,would in a short time produce the enormous income of $5,000,000 ; but lowering the duty to one dollar a ton, the whole expense of this magnificent operation ! would be defrayed in a few year?, and an immense revenue would 328 CANAL LAWS, &c. 1817. be secured to the state, which would enable it to patronize litera- Erie"&cw ture and science > t0 Promote education, morality and religion, to plain canals, encourage agriculture, manufactures and commerce, and to es- tablish the interests of human improvement upon an imperishable basis, and to an incalculable extent. We have the honor to be, most respectfully, Your most obedient servants, By the Commissioners, DE WITT CLINTON, President. Wm. D. Ford, Esq,. Chairman of the Joint Committee of the Senate and Assembly, on Canals. Copy of a Letter to William Bayard, Esq. relative to a loan of money. New-York, 23d May, 1816. Sir, B^ e a rd rtoW * ^ e comm issioners appointed for the purpose of reporting to the legislature, on the subject of a canal navigation between Lakes Erie and Champlain, and Hudson's river, are directed, with a view to the accomplishment of those important objects, to ascertain whether a loan of money can be obtained on the credit of the state of New-York, and also the terms of such loan. The commissioners, having full confidence in your disposition to promote this great undertaking, and in your ability to ob- tain the information required, solicit your early attention to this subject, and beg leave to indicate the following points as materi- al to the inquiry ; the amount of the sum that can be loaned ; the rate of interest ; the place where the interest is to be paid ; and the duration of the loan. Very respectfully, Your obd't serv't. DE WITT CLINTON. In behalf of the Commissioners. William Bayard, Esq. [At page 285, the joint committee on canals recommend as one, among other sources of revenue, " Lotteries after the sums • ; now granted upon them are raised, and which will probably u require ten years," On the 26th of March, 1317, the comp- CANAL LAWS, &££ {roller reported to the Senate the amount of monies yet to be raised by lottery, &c. and they were as follows : For making good the losses sustained by the failure of N. Judah, and others, $74,000 For the Botanic Garden, 23,000 For improving the navigation between Troy and \v*a- terford, 30,000 For a Chemical School, &c. in Fairfield Academy, 5,000 For a road from Lake Champlain to Chateauga n . 5,000 For Union College, 200,000 For Hamilton Cellege, 40,000 For an African Church, 4,000 For the College of Physicians and Surgeons in New - York, - 30,000 For the Historical Society, 12,000 For interest on these appropriations 11 5,000 Total, $538,000 Since which report, and until the prohibition against lotteries contained in the new constitution, a great number of literary, be- nevolent, and other useful institutions were aided by grants upor? these and other lotteries, &c/J XVII. REPORT Of the Canal Commissioners, as to their expenses. In Assembly, April 2a 1 , 1817. A communication from the canal commissioners was read, ami is in the words following, to wit : To the Hon. the House of Assembly* In compliance with a resolution of the honourable the Assem- bly, we have the honour of enclosing a statement of the Comp- troller. This communication would have been made before, but the accounts as far as they were ascertained) were agreeably to lie directions of the law exhibited to him ; and with every at- tention, on his part as well as ours, it was not, until to day, that t has been in our power to render this statement. The expenses of the commissioners, include the expenses o! ravelling, at various periods — of their v'j ? itto the Middlesex go* U 330 CANAL LAWS, fee. 1817. nal — of their superintendence of the whole route of both ca- v ' na j s — f t j ie j r meetings at various times, and are brought up to their first meeting during the present session of the legislature. They consist of the following sums, viz.— commSnerl fEx P en6es of commissioners meeting 17th May, 1816, in New-York, including the expense of going there, of stay there, of two commissioners with two en- gineers going to view the Middlesex canal, stay there, and return home, $515 00 Expenses of commissioners in meeting at Utica on the 1 5th July, while there, while exploring the route of the western canal, and returning home, 1080 12 Expenses of the commissioners in exploring the north- ern canal and directing operations thereon, 679 19 Expenses of commissioners in meeting at Albany in November last, and returning home, 193 86 The whole of these items amount to §2468 17 Considering that upwards of 313 miles on the western canal, besides that part of the route south of the mountain ridge and west of Genesee river, and more than 60 miles on the northern canal, have been explored, surveyed and levelled ; that the routes of the canals have been actually laid out ; that perspicuous maps and profiles have been made ; and that full reports have been presented, it is believed that no operation so extensive, so complicated and so important, has ever been performed with more economy of expenditure. $4000 wanted A sum not exceeding $4,000 will be required, in addition to for Engineers, t _ , . . , . , . , , , ' &c. that part of the appropriation which is unexpended, to complete the payment of the engineers for their services ; to defray the ex- penses of printing, engraving and stationary ; to pay the expen- ses of the meeting of the commissioners, and their attendance on their duties during the present session of the legislature ; to satify some demands not yet presented, and also to make a rea- sonable compensation to the secretary and treasurer of the board, whose time, since the first meeting in May, has been almost ex- clusively engrossed in discharging those trusts, and in attending to their general duties as commissioners. All which is respectfullv submitted, DE WITT CLINTON, MYRON HOLLEY. Albany, 2d April, 1817, SAMUEL YOUNG CANAL LAWS, top. 331 STATE OF NEW-YORK, ) | 1817 ' , Comptroller's Office. ^ I certify, tliat from accounts and vouchers rendered by the commissioners appointed in and by the act, entitled " an act to provide for the improvement of the internal navigation of this state," passed 17th April, 1S1G, it appears they have paid and expended the following sums, viz. To William Peacock, engineer, and Andrew A. Elli- EngfneTrs!* ° f cott, surveyor, for their services, and for expense of hands, &te. &c. in exploring, levelling, &c. on the ir western section of the Erie canal, $1,563 42 tf: To James Geddes, engineer, for do. 3,233 17 [ jTo Benjamin Wright, on account of his services and expenses in exploring, levelling, &c. the middle section of the Erie canal, 2,000 00 $ To Charles C. Broadhead, for his services and expen- ses in exploring and levelling a portion of the east- ern section of the Erie canal, 2,097 70 For expense of exploring and levelling a route for the northern canal, 5,237 S3 &. For expenses of the commissioners, 2,468 17 I? [For printing, and other incidental expenses, 330 00 Making an aggregate of $16,930 £9 ARCH'd M'INTYRE, Comptroller. -Albany, April 2, 1817. Ordered, That the said communication be committed to the committee of the whole house, when on the bill, entitled " an act concerning navigable communications between the. great western and northern lakes and the Atlantic ocean." I Will. REPORT OF CANAL COMMISSIONERS. Under a Resolution of the Assembly of April 3d, 1817. In Assembly, April 3, 1817. A communication from the canal commissioners was read, and in the words following, to wit : CANAL LAWS j fee. 1817. The canal commissioners have the honor to report to the hon- * a ~-y~- orable the Assembly, in obedience to their resolution of to-day : That they are not required or authorised by law to hold any communications with the western inland lock navigation com- pany, respecting the purchase of their interests, and that, of course, they did not institute any inquiry on that subject. It appears, however, from an official report of the commissioners, W. I. L. N. Co. wft0 were duly authorised, dated March, 1812, that the compa- &sk 190,000 n y asked .$190,000 for the shares held by them, exclusive of dollars, &c. J * 7 J three hundred and fifty shares held by the state. And the pre- sent commissioners coincide in the opinion with the former board, that the price then asked is unreasonably high. Sessions from 'phg commissioners have obtained cessions of the land to be £6 persons. occupied by the Erie canal, from fifty-six persons, through whose farms the line passes, west of the Seneca river ; and they have obtained, through the agency of the engineers employed between the Seneca river and Schoharie creek, a considerable number of cessions, from persons living within those limits ; but as the deeds of cession, except those which relate to lands west of the Seneca river, are not here, and as these deeds do not, in general, express the length of line conveyed by those who have executed them respectively, neither the precise number of these deeds, nor the exact extent of the lands which they cover can at present be as- certained. Though the commissioners, at an early day, procured blank forms of cessions to be printed (some of which were delivered to the engineers on the different sections of the canals) and have found more than nine-tenths of those to whom they were offered for subscription, willing to make a donation to the state of that strip of their land, which would be required for the canal, it has not yet been in their power to secure a large portion of the canal lines. Much of the land lying in the western part of the state is owned by persons who do not reside there. The agent of the Offer of «2rent Holland land company has offered to convey to the state a strip of »fHol|andland ... , . , , . . K f?o. land tor the canal, through their possessions, not exceedingfour rods in width, on condition that the state shall make a good harbor for lake vessels at the mouth of Buffalo creek, a condition, which the commissioners think entirely inadmissible. Other agents did not feel themselves authorised to make the donations desired, without consulting their principals. This they engaged to do, r! af the same time expressed decided expectations of receiving ( (ANAL LAWS, fc< . 333 favorable answers, but had not received those answers at the date 1817. of the last communications between them and the commissioners, v^-v^* In some cases the owners of the land, though usually resident there, were absent from home, and it has hitherto been inconve- nient to make application to them. Besides, in exploring the route of the canal, in a country but partially cleared, it w as im- possible for the engineer, in first running it over, to determine, in many places, where the canal line would pass. After advan- cing some distance in a doubtful course, difficulties would be met with, which made it expedient to go back upon the line to some point, whence a more eligible course might be pursued. In such cases, cessions on the route first explored would be useless ; and a few of the deeds actually obtained are of this description. — And although the line of canal presents but few r obstructions, and is in general extremely favorable, yet it cannot be doubted, but that the more minute and extensive examinations of resident engineers, to whose superintendence the execution of the work ought to be entrusted, w ill point out many partial deviations from this line, which may be made with great advantage and economy. Hence it seemed the less important to obtain deeds of cession, on a first survey, even if the more general, and, as was judged, more pressing duties of the commissioners and engineers, had allowed the necessary time. And it was thought, in reference to all those parts of the route of both canals, w hich should not be immediately undertaken, that the inducements to give the lands to be occupied by the canals, would rather be increased than di- minished, by making the eventual success of the whole projects to depend, as well upon the encouragement offered by those who are most interested therein, as upon the success of those parts ac- tually to be commenced. It is not to be denied, that a few indiv iduals whose lands will be crossed by canals, have refused to make a donation of any part of those lands to the state. A provision by the legislature, there- fore, seems to be required, for taking the necessary possession of lands so withheld. Whether this provision extend to a few case-, more or less, appears not to be very material, as if it is equitable, it will doubtless involve no public expense, except in cases where It interferes with expensive existing improvements. The commissioners, from the best information which they h%ve CANAL LAWS, &c. 1817. been able to obtain, entertain no doubt but that the necessary v ■ lands on the whole route of the canals may, with a few exceptions, be procured gratuitously. All which is respectfully submitted, DE WITT CLINTON, MYRON HOLLEY, SAMUEL YOUNG. Albany, April 1, 1817. Ordered, That the said communication be committed to a •committee of the whole house, when on the bill, entitled "an act concerning navigable communications between the great western and northern lakes and the Atlantic ocean" XIX, LEGISLATIVE PROCEEDINGS IN 1817,' ( Including the Fall Session ofl 8 16. J GOVERNOR'S SPEECH TO THE LEGISLATURE. : Governor's On the 5th November, 1816, the Governor TD. D. Tompkins] speech to the , , , . . , ' m , L . . ,"s< legislature, made a speech to the Legislature. That part relating to canals is as follows : " It is respectfully submitted to your wisdom to " make provision at the present session, for employing a part, at " least, of the state prisoners, either in building the new prison " at Auburn, erecting fortifications, opening and repairing great " roads, constructing canals, or in making other improvements. ."As the guardians of the prosperity, liberty and morals of the " state, we are bound by every injunction of patriotism and wis- " dom, to endow to the utmost of our resource:, schools and se- " minaries of learning, to patronize public improvements, and to " cherish all institutions for the diffusion of religious knowledge, " and for the promotion of virtue and piety." On the 1 1th, the Answer of the Senate adopt their answer. (Reported by Mr, Cantine, from the committee appointed for the purpose. The Senate say : " The <£ cause of liberty is entrusted to our guardianship and protection. " We now present the sole exception in the civilized world, of a " free representative government. This is the last anchor of hope " to the friends of freedom in the world, and it is to be hoped that " we shall prove ourselves worthy of the precious deposit, and of " the high destinies to which, under the guardian of the great CANAL LAWS, &c. 335 oi cana . commissioners " Governor of the Universe, we may reasonably expect to ar- 1S17. " rive. The Senate most cordially reciprocate the sentiments of s^^^, "your excellency, that we are bound by every injunction of " patriotism and wisdom, to endow to the utmost of our resour- P ces, schools and seminaries of learning ; to patronize public " improvements, and to cherish all institutions for the diffusion " of religious knowledge and for the promotion of virtue and pi- " ety, and assure your excellency, that no effort will be wanting S on their part to promote these desirable objects." The As- semblv in their answer, reported bv Mr. Irvine, from the com- The anmrrf 1 J °* (he assemblv. mittee appointed for the purpose, and adopted Nov. 9, say : — "The subjects which your excellency has recommended, shall " receive our particular attention. It should indeed be a matter * of pious thankfulness, that, no longer apprehensive of foreign " violence, we can employ our deliberations principally in the en- " couragement of those arts and institutions which so mainly "contribute to the welfare and prosperity of a people." On the 17th February, the report of the canal commissioners, R ep0 ri made that day to the legislature, was referred to a joint commit- ^erred.' tee, consisting of Messrs. Ford, Pendleton, Child, Eckford and Wilcoxson of the assembly, and Messrs. Livingston, Tibbits and Swift of the Senate. • On the 17th March, 1S17, the executive of this state, laid be- Procccdil , ., ^ fore the Senate the report of the joint committee of the General Ohio- Assembly of the state of Ohio, on the sub ject of the contemplated canal from Lake Erie to the Hudson, and the resolution of that assemblv thereon. [See Appendix to the report of canal com- missioners, page 298.] The report and resolution were referred to the committee to whom the report of the canal commissioners had been referred. On the 19th of March, Mr. Ford from the joint committee on ii i • I i t i i -ii • i i „ Bill brought in, canals, brought into the assembly, the bill, entitled 11 an act con- cerning navigable communications between the great western and northern lakes and the atlantic ocean." On the Sth of April, die assemblv went into committee of the Proceedings whole on this bill, and on the motion of Mr. Ford, that part of °" c ' the 5th section which directed "an annual tax for ten years upon , no uon. Ford * " the whole valuation of real and personal estates of the counties, " cities and towns herein after specified, and supposed to be more " immediatelv benefited 1>\ the said canals, which tax slirtll not 836 CANAL LAWS, &ir. IlUU^llldllHyj Dir. OUCd.lVt-1 , Mr. Larzelere, Mr. Tabor, Mr. Lee, Mr. Wakeh-, Mr. M'Fadden, Mr. Warner, Mr. Mann, Mr. Webb, Mr. Maynard, Mr. Webster, ]\Ir. Miles, Mr. Wells, Mr. G. Miller, Mr. Wilcoxson, For the Negative. Mr. Albert, Mr. Kissam, Mr. Ambler, Mr. Marsh, Mr. Barber, Mr. A. Miller, Mr. Barnes, Mr. J. Miller, Mr. Beach, Mr. Paine, Mr. Benton, Mr. Palmer, Mr. Blauvelc Mr. Parson- CANAL LAWS, fcc. Mr. Boweu, Mr. I entileton, Mr. Callender, Mr. Pixley, Mr. Camp, 1% T T"»l M Mr. Piatt, TIT /""< 11 Air. Carll, Mr. Porter, AT /~i Mr. Carman, AT TA 1 . Mr. Prendergasi, Mr, Carpenter, Mr. Rochester, Mr. Conklm, Mr. Jk. omiti), lur. ^or^on, Mr. Squire, i»ir. ODcUDUlSj Mr. Dickenson, Mr. lappen, All. FW.r ixir. JJoty, Mr. Townsend, "AT „ t^v . . Mr. Duer, Mr. Victory, Mr, Jbmott, TAT- ■fir li ' l .Mr. Walbndge, Mr. Faulkner, iVlr. Watson, Mr. Hawley, Mr. vvnite, Mr. Hedges, Mr. Williams, ■ Mr. Hulburt, Mr. Wilson, Mr. Jones, Mr. Wood, Mr. Keeler, Mr. Duer then moved to strike out the words in the said 5th Mr. Daerts section, " and dollars hereby appropriated annually in lieu motl011 - * and stead of the appropriation now made by law out of said • duties for the support of foreign poor." Motion negatived by all the votes except 25, viz. For the Negative* Mr. Albert, Mr. Ambler, Mr. Barber, Mr. Barnes, Mr. Beckwith. Mr. Burhans, Mr. Camp, Mr. Campbell. Mr. Cuck, Mr. Doty, Mr. Duer, Mr. Hawley, Mr. Hilton. Mr. Hulburt, Mr. Marsh, Mr. I. Miller, Mr. Noble, Mr. Olmstead, Mr. Ostrander. Mr. Palmer, Mr. Piatt, Mr. Prendergasi, Mr. Squire, Mr. Stebbins, Mr. Wilcoxson Divifion 43 338 CANAL LAWS, fcc. 1817. The 5th section was then carried by all the votes except 3k v 5th section carried. ' The 35 who voted in the negative were as follows, viz. For the Negative. Difisioj] Mr. Benton, Mr. Pendleton, Mr. Blauvelt, Mr. Pixley, Mr. Bo wen, Mr. Romaine, Mr. Callender, Mr. Russell, Mr. Corson, Mr. Sanford, Mr. Crolius, Mr. E. Smith, Mr. Cuck, Mr. I. Smith, Mr. Doty, Mr. S. A. Smith. Mr. Emott, Mr. Squire, Mr. Heeny. Mr. Stebbins, Mr. Hulburt, Mr. Tappen, Mr. Jones T My. Townsend. Mr. Keeler. Mr. Victory, Mr. Kissam, Mr. Warner, Mr. Mann, Mr. Watson. Mr. A. Miller. Mr. White, Mr. Paine, Mr. Williams. Mr. Parsons, 6th section negatived. The 6th section, which proposed to lay a " tax for the term of " ten years for the use of the canal fund," in certain proportions, on the city and county of New-York, city of Albany and town of Watervliet, city of Troy and village of Lansingburgh, the towns of Waterforcf, Stillwater, Saratoga, Northumberland, Moreau, on all the towns in Washington county except Cambridge, Jack- son and White-creek, on the counties of Essex, Clinton, Mont- gomery, Herkimer, Oneida, Madison, Onondaga, Cayuga, Sen- eca, Ontario, Genesee, Niagara and Chautauque, was negatived by all the votes except those of 37 members, viz. For the Negative. Division. Mr. Ambler, Mr. Barber, Mr. Benton, Mr. Blauvelt, Mr. Bo wen, Mr Callender. Mr. Kissam, Mr. A. Miller, Mr. Paine, Mr. Parsons, Mr. Peek, Mr. Pendleton. CANAL LAWS, &c. Mr. Carman, \f »• . rixitv Mr. Carpenter, Air. I iatt, Mr. L/onklin. ivr.. .r ortei , Mr. Corson, Mr. Prendergast, Mr fiiftr Mr. v^ucKj Mr li. ouiiin, Mr. Uoty, Mr. Mr. Uuer, Mr. o * oquire, Mr. iMnott, Mi* Ml . Stebbins, ivir, neuges, Mr Mr. Hilton, Mr. Victory, Mr. Hulburt, Mr. White, Mr. Jones, Mr. Wood. Mr. Keeler, 1817 — v — The 7th section (which became the Gth section in the bill as Mr. Forces nally passed into a law) was then considered. Mr. Ford moved ™tion.° n to insert 12 1-2 cents in the first blank for the tax on each bushel of salt, &c. The motion prevailed by all the votes except 30, hich were as follows, viz. For the Negative, Mr. Beach. Mr. Mann, Mr. Beck with, Mr. Pendleton, Mr. Brown, Mr. Conklin, Mr. Petit, Air. Porter, Mr. Crolius. Mr Rosecrantz, • Mr. Day, Mr. Russell, Mr. Doty, Mr. E. Smith, Mr. Finch, Mr. S. A. Smith, Mr. Ford, Mr. Stebbins, Mr. Heeney, Mr. Houghtaling, Mr. Kissam, Mr. Tappen, Mr. Wakeley, Mr. Webster, Mr. Larzelere, Mr. Wilcoxson. Mr. Lee, Mr. Wilson, Mr. M'Fadden, Mr. Wood. frivisioo. On the 9th of April the discussion of the bill was resumed in the Assembly. Mr. Diier moved to add a clause (which even- Mr * Dujr. vv nne, Mr. Jackson, Mr. Wilcoxson, Mr. Jones, Mr. Wood, Mr. Keeler, For the Affirmative. Mr. Allen, Mr. J. Miller. Mr. Ambler. Mr. Mooers, Mr. Beach, Mr. Mott, Mr. Beckwith. Mr. Olmstead, Mr. Benton, Mr. Pettit, Mr. Blauvelt. Mr. Pitcher. Mr. Camp, Mr. Porter, Mr. Carpenter. Mr. Prendergast T Mr. Cook, Mr. Roseburgh, Mr. Day, Mr. Rosecreants. Mr. Eldridge. Mr. Sanford, Mr. Faulkner, Mr. Sargent, Mr. Finch, Mr. I. Smith, Mr. Gale, Mr. R. Smith, Mr. Gansou, Mr. S. A. Smith Mr. A. Green, Mr. Speaker, Mr. Gros, Mr. Turner, Mr. Hamilton Mr. Victory. Mr. Hedg , r , >. Mr Watson. 181' "Divisicm. 51 44 CANAL LAWS, &c. 1817. Mr. M'Fadden, Mr. Marsh, Mr. Maynard. Mr. Miles, Mr. Webb, Mr. Wells, Mr. Williams, Mr. Wilson, 4& nt- , The vote 0U tne fi^ n section of the bill was then re-consider- Mr. Williams' motion. ed, (this is the fifth section of the law as passed with some modi- fication) and Mr. Williams moved to strike out the words, " and " .$10,000 hereby appropriated annually, in lieu and instead of " the appropriation now made by law, out of said duties, for the " support of foreign poor." This motion was lost by 57 to 41, as follows For the Negative. rJivIsi'OT>» Mr, A 11 Allen, # Mr. Mooers, Mr. .Beach, Mr. Mott, Mr. Blauvelt, H If Mr. Fame, Mr. L/allender, Mr. Parsons. Mr. Uarll, Mr. reek, Mr. Carman. Mr. Pendleton. Mr. Cook, Mr. Pitcher, Mr. Corson, * Mr. Porter, Mr. Cr olios, Mr. Rochester. Mr. Day, Mr. Romaine, Mr. Doty, Mr. Rosecrants, Mr. Eldridge, Mr. Russell, Mr. Faulkner Mr. Sanford, Mr. Finch, Mr. Sherman. Mr. Gros, Mr. I. Smith, Mr. Hamilton. Mr. R. Smith, Mr. Hedge. Mr. S. A. Smith. Mr. Heeney. Mr. Squire, Mr. Hilton, Mr. Tappen, Mr. Jackson. Mr. Townsend, Mr. Jones, Mr. Victory, Mr. Keeler, Mr. WakelV. Mr. Kissam, Mr. Warner, Mr. Lee, Mr. Watson. Mr. M'Fadden. Mr. Webb, Mr. Matin, Mr. Webster, CANAL LAWS, kt. Mr. Miles, Mr. Welk, Mr. A. Miller, Mr. White, Mr. G. Miller, IT* the Jljjirmative. Mr. Ambler, . Mr. Marsh, Mr. Barber, Mr. Maynard, .Mr. Barnes, Mr. J. Miller, Mr. Beckwith, Mr. Noble, Air. Benton, Mr. Olmstead, Mr. Brown, Mr. Ostrander, Mr. Burhans, Mr. Palmer, Mr. Camp, Mr. Pettit, Mr. Campbell, Mr. Pixley, Mr. Carpenter, Mr. Piatt, Mr. Child, Mr. Prendergast, Mr. Cuck, Mr. Sears, Mr. Duer, Mr. E. Smith, Mr. Fonda, Mr. Speaker, Mr. Ford, Mr. Stebbins, Mr. Ganson, Mr. Turner, Mr. A. Green, Mr. Walbridge, Mr. Hammond, Mr, Wilcoxson, Mr. Hawley, .Mr. Williams, Mr. Hulbert, Mr. Wilson, • Mr. Larzelere, 19] Division. 41 Two motions, one by Mr. Ford, to fill the blank with $1 5,000 M p . . and the other by Mr. A. Miller, to fill the blank with 14,000 dol- ^ \A .MUhrt J motion. lars, were successively put and lost, the first by 52 to 45, and the last by 55 to 42. Mr. Beach then moved to add a clause, declaring " that all " the lauds and real estate lying in the counties of Oneida, Ma- Mr B^MkJ u dison, Onondaga, Cayuga, Seneca and Tompkins, not inen- " tioned and included in the 6th section of this act, shall be lia- " ble to the like taxation for the purpose of raising the aforesaid " sum of 250,000 dollars, as the lands and real estate mentioned " and included in the said section." This motion was lost by " 56 to 44, as follows. ANAL LAWSj fee For the Negative. Mr. Barber, Mr. Marsh, MV Rumps Mr A Miller TVTr Rrnwn XT J. 1 . UIUWUj Mr Nnhlp 1U1 • llUUltj iVlr Riirlmnc lil l . v/llIJblcaU, Mr. Callender, Mr. Ostrander, Mr. Campbell, Mr. Palmer, Mr. Carpenter, Mr. Parsons, Mr. Cook, Mr. Pixley, Mr. Corson, Mr. Piatt, Mr. Crolius, Mr. Porter, Mr. Cuck, Mr. Prendergast, Mr. Dickinson, Mr Rnmninp Mr Dotv Mr Rii«;<;p11 I'll. llllSM. lit Mr. Duer, Mr. E. Smith i»*i • .i.j* Mini it j . jVIr. Eldridge, Mr. Stebbins. Mr TCmott Mr Tabor Mr Finch, -.'11 • %■ 11IV/H1 MY T'annpn i-"*i • JL tlJJwClJ* Mr. Oros Mr Turner l'l 1* X Ul 11V1 t IYTp Vfnmmriiin JLTil. I 1 O 111 UIlJllVJ , Mr Wakplv Mr Hede-ps Mr Walbridtre Mr. Hilton, Mr. Warner, Mr. Hulbert, Mr. Watson, Mr. Jackson, Mr. Webster, Mr. Jones, Mr. White, Mr. Kissam, Mr. Wilcoxson, Mr. Larzelere, Mr. Williams, Mr. Mann; Mi\ Wood, For the Affirmative. Mr. Albert, Mr. G. Miller. Mr. Ambler, Mr. J. Miller, Air. Beach, Mr. Mooer>. Mr. Beckwitli, Mr. Mott, Mr. Benton, Mr. Pettit, Mr. Blauvelt, , Mr. Pitcher, Mr. Camp, Mr. Rochester, Mr, Carll Mr. Roseburgh, Mr, Carman, Mr. RoserranK CANAL LAWS, fee. Mr. Child, Mr. Sanford, Mr. Day, Mr. Sargent, .Mr. Faulkner, Mr. Sears, Air. Ford, Mr. Sherman, Mr. Gale, Mr. I. Smith, Mr. A. Green, Air. R. Smith, Mr. Heeney, Mr. S. A. Smith, Mr. Houghtaling, Mr. Speaker, Mr. Keeler, Mr. Squire, .Mr. Lee, Mr. Victory. Mr. M'Fadden, Mr. Webb, Mr. Maynard. Mr. Wells, Mr. Miles, Mr. Wilson, 1817, Division. 44 The question was then taken on the whole bid, and it was car- Question . " Olmstead. " Camp, u Ostrander. • k Campbell, " Palmer, i; Carpenter. " Pendleton. " Child. " Pitcher, Cuck, « Pixley, k * Day, « Piatt, '* Dickinson, •• Porter, ** Duct, " Prendergast, Fid ridge. " Rochester, Faulkner, 4 * Uoscburgh. li Finch. * : Rosccrants. * ; Fonda, •* Scars. ** Ford. - K. Smith, *• Can-on. •• Speaker, Divisiou CANAL LAWS, See. 1817. v— ^ — Division, Mr. A. Green, Mr. Tabor. a Gros, it Turner, it Hammond, a Wakely, a Hedges, Walbridge, i'i Hilton, a Watson, it Hough taling, a Webb, Ci Hulbert, it Wells, it Jackson, 1 tl Wilcoxson, a Larzelere, a Williams, Lee, a Wilson, 64 And those who voted in the negative, were, Mr. Blauvelt, Mr. Pettit, it Callender, " Romaine, Carman, " Russell, tt Cool:, tf Sanford, a Corson, " Sargent, Crolius, Sherman, a Doty, « E. Smith, u Emott, " I. Smith, tt Gale, ' : S. A. Smith, u Heeney. Squire, tt Jones, " Stebbins, it Keeler, " Tappen, Kissam, " Townsendj M'Fadden, Victory, ti Mann, " Warner, Miles, " Webster, u A. Miller, • ; White, Parsons. " Wood, Diflerence be- The bill which thus passed in the assembly, agrees with the one tween the bill r . . , and the law as finally passed into a law, except m these particulars : — 1st. The bill as passed the assembly, proposed that the loans should be made on the credit of the canal fund, that, passed into a law, declared, they should be made on the credit of the state. 2d. The bill passed by the assembly, limited the loan, &c. an- nually at $584,000 ; the law as passed, to $400,000. 3d. There was also an appropriation in the bill as passed in the assembly, " of so much and such parcels of the unappropria- Canal laws, ¥ ted lands belonging to this state, as should in the opinion oi' f the Surveyor General, be worth 600,000 dollars, or such as " would sell so as to produce 50,000 dollars yearly, for the term P of 12 years." This appropriation was omitted in the law as passed. 4th. The first proviso in the 7th section of the bill as passed into a law, was omitted in the bill as passed by the assembly. 5th. There were also other amendments made, as will appear from the proceedings of the Senate which follow. On the 11th of April, the bill was sent to the Senate, and on Mr - Tibhhy 1 motion. motion of Mr. Tibbits, it was made the order of the day for the next day. On the 12th, the Senate went into committee of the whole up- 1>rocccdin S s h 1 committee. on it, and reported progress. On the 14th, the Senate resolved itself again into a committee Question on Oft of the whole on the bill, and on the passing of the first section of division, the bill, the Senate divided as follows : In the Affirmative were — Mr. Allen, Mr. Prenderga>L Mr. Bates, Mr. Ross, Mr. Bicknell, 'Mr. Seymour, .Mr. Bloom. Mr. Stranahan. Mr. Cantine. Mr. Stewart, .Mr. Hascall, Mr. Swift, Mr. Hart, Mr. Swart, Mr. Keyes, Mr. Tibbits, Mr. Knox, Mr. Van Burc-n. Mr. Mallery. Mr. Van Vechten. Mr. Xoyes. ,'hid in the Negative were — Mr. Bowne, Mr. Crosby. Mr. Dayton. Mr. Ditmis, Mr. Elmendorl", Mr. Livingston. Mr. Ogden, .Mr. Vcrbryck. The first section was accordingly adopted by 2\ nvr^ to - noes. od2 CANAL LAWS, he. 1817. On the 2d section of the bill, Mr. Keyes moved an amendment — ^— - ' after the word " rivers," to add, " and for opening a canal and ^secS 011 " constructm S ^ocks round the Oswego falls," On this motion the Senate divided as follows : In the Negative were — 5>i vision. Mr. Allen, Mr. Ross, Mr. Bates, Mr. Seymour, Mr. Cantinr. Mr. Stewart, Mr. Hascall, Mr. Swift, Mr. Hart, Mr. Tibbits, Mr. Mallery, Mr. Van Buren, Mr. Prendergast, Mr. Van Vechten, 14, And in the Affirmative were — Mr. Bickneli, Mr. Knox, Mr. Bloom, Mr. Livingston, Mr. Crosby, Mr. Noyes, Mr. Dayton, Mr. Ogden, Mr. Ditmis, Mr. Stranahan, Mr. Elmendorf. Mr. Verbryck, Mr. Keyes, 13. Mr. trosb/s Crosby then moved to add, " and between Lake Cham- motion. plain and the Hudson river." This was negatived as follows : In the Negative were — Division. Mr. Allen, , Mr. Prendergast. Mr. Bates, Mr. Ross, Mr. Bickneli, Mr. Stranahan, Mr. Cantine. Mr. Stewart, Mr. Hascall, Mr. Swift, Mr. Hart, , Mr. Tibbits, Mr. Keyes, Mr. Van Buren, Mr. Knox, Mr. Van Vechten, Mr. Mallery, And in the Affirmative were — Mr. Bloom. Mr. Livingston, Mr. Crosby, Mr. Noyes, CANAL LAWS, &c. Mr. Dayton, Mr. Ditmis, Mr. Elmendorf, Mr. Seymour, Mr. Verbryck 1817. On passing the 3d section of the bill, the Senate also divided. Question on Sd • » • i m • r section, and ci i - It was carried in the affirmative as follows : vision. in the Affirmative were — Allen, Mr. Prendergast, Bates, " Ross, Bicknell, r ' Seymourj Bloom, Stranahan, Cantine, " Stewart, Hascall, " Swift, Hart, " Tibbits, Keyes, " Van Buren, Mallery, Van Vechten Noyes, And in the Negative ivere — Brown, Mr. Elmendorf', Crosby, " Livingston, Dayton, " Ogden, Ditmis, " Verbryck, 19. The committee rose and reported progress, &,c. Afterwards Question on in the afternoon, the discussion of the bill was resumed in com- and division. y mittee of the whole. On the 4th section of the bill, the Senate divided, and the section was negatived as follows : In the Negative were- Mr. Bloom, " Bownc, Cantine, Crosby, " Dayton, " Ditmis, Elmendorf. " Keves, Mr. Livingston. 99 Noyes, " Ross, n Seymour, Stranahan. Swart, " VerbrvcU. 45 354 CANAL LAWS, fcc. 181 And in the Affirmative were- Mr. Allen, " Bates, " Bicknell, " Hascall, n Hart, " Knox, " Mallery, Mr. Prendergast 7 " Stewart, " Swift, " Tibbits, 99 Van Buren, " Van Vechten, 13. the Q 5 U t € b 9t i ectioS 0n the 5th section of the bill, Mr. Stranahan moved an anc L a Z lsion > amendment after the word miles, to insert " a tax of one dollar n & so modified as to make the loans, " on the credit of the state," divi9ion * instead of " on the credit of the canal funds." The senate on that modification stood as follows : For the Affirmative. Division. Mr. Allen, Mr. Bates, Mr. Bicknell, Mr. Cantine, Mr. Hascall, Mr. Hart, Mr. Knox, Mr. Mallery, Mr. Bowne, Mr. Crosby, Mr. Dayton, Mr. Prendergast, Mr. Ross, Mr. Seymour, Mr. Stewart, Mr. Swift, Mr. Tibbitts, Mr. Van Buren, Mr. Van Vechten. 1G. 1 or the Negative. Mr. Livingston, Mr. Noyes, Mr. Stranahan, CANAL LAWS, &c. 1817. Mr. Ditmis, Mr. Swart. * sr—* Mr. ElmendorfT, Mr. Verbryck, Mr. Keyes, 11. wJwL N0J6S ' °P the 5th section of the bill Mr. Noyes moved to strike out " a duty or tax of twelve and an half cents per bushel on all " salt manufactured in the Western District of this state." Mo- tion negatived by all the votes except four, viz. Mr. Bowne, Mr. Livingston Mr. Keyes, Mr. Noyes. Mr. Seymours On the 7th section of the bill Mr. Seymour moved the follow- Sctf'on. ° n i n g proviso, " and provided further, that no part of the said " sum of $250,000, shall be levied or assessed on the lands and " real estate lying along the canal from Seneca river eastward, " until the same shall be completed from said river to Hudson * e river." Negatived by all the votes except four, viz. Mr, Bicknell, Mr. Livingston, Mr. Hart, Mr. Seymour. The senate went through the rest of the bill, and ordered the amendments to be engrossed. On the 15th of April, Mr. Ogden moved to recommit the bill— Mr. Ogden's lost— -only seven members voting for it, viz : Messrs, Bloom, motion and di- _ r, -r> . 1VT 1 _ 1 ^ , visi0ii. Bowne, Crosby, Dayton, Ditmis, Noyes and Ogden. On the final passage of the bill and amendments, it was carried in the affirmative, as follows : In the Affirmative were — - Mr. Allen, Mr. Mallory, Mr. Bates, Mr. Prendergast, Mr. Bicknell, Mr. Ross, Mr. Cantine, Mr. Stranahan, Mr. Cochran, Mr. Stewart, Mr. Hascall, Mr. Swart, Mr. Hart, Mr. Tibbitts, Mr. Keyes, Mr. Van Buren 3 Mr. Knox, Mr. Van Vechten, 18 And in the Negative were — Mr. Bloom, Mr. ElmendorfT, Mr, Bowne, Mr- Livingston. CANAL LAWS, fcc. 351 Mr. Crosby, Mr. Noyes, 1817. Mr. Dayton. Mr. Ogden. 1 v 1 Mr. Ditmis, 9 The usual order was then made, to transmit the bill with the amendments adopted to the Assembly. On the same day, the A«embl yF Assembly concurred in some and rejected others of the amend- ments of the Senate. The Assembly would not consent to reject the 4th section of the bill, and on Mr. Cochran's motion the Sen- ate receded by 13 votes to 12. Those who were in the Affirmative were — Mr. Allen, Mr. Prendergast, Mr. Bates, Mr. Stewart, Mr. Bicknell, Mr. Swart, Mr. Cochran, Mr. Tibbitts, Mr. Hart, Mr. Van Buren, Mr. Knox, Mr. Van Vechten. Mr. Mailer v 5 13 And those who were in the Negative were — Mr. Can tine, Mr. Livingston, Mr. Crosby, Mr. Ogden, Mr. Dayton, Mr. Ross, Mr. Ditmis, Mr. Seymour, Mr. ElmendorfT, Mr. Stranahan. Mr. Keves, Mr. Verbryck. 12 C i , t i i r> • T'' e Senate rf ' borne other amendments made by the Senate, not particulari- cede from their ted in their journal, were receded from, by the Senate. On the rejecting 4dT same day it was ordered to be sent to the Council, and it be- *.j^ n ' anddl " came a law on the 15th of April, 1817. [See the law page 358.] £U i Sgf5 l J 1017. 358 ( ANAL LAWS, Sic. 1817. -v ' XX. Extract from the " act for the payment of certain officers of go- vernment." Passed April 15, 181.7. IX. And be it further enacted, That the treasurer shall pay, on the warrant of the comptroller, to the canal commissioners, such balance as may be due them for expenditures incurred un- der the act, entitled "An act to provide for the improvement of the internal navigation of this state :" Provided, the same shall not exceed the sum of four thousand dollars. Preamble. "An act respecting Navigable Communications, between the great western and northern lakes, and the Atlantic ocean." Passed April 15, 1817. Whereas, navigable communications between Lakes Erie and Champlain, and the Atlantic ocean, by means of canals con- nected with the Hudson river, will promote agriculture, manu- factures and commerce, mitigate the calamities of war, and en- hance the blessings of peace, consolidate the union, and advance the prosperity and elevate the character of the Uuited States: And whereas, it is the incumbent duty of the people of this state, to avail themselves of the means which the Almighty has placed in their hands for the production of such signal, extensive and lasting benefits to the human race : Now, therefore, in full confi- dence that the congress of the United States, and the states equal- ly interested with this state in the commencement, prosecution and completion of those important works, will contribute their full proportion of the expense ; and in order that adequate funds may be provided, and properly arranged and managed, for the prosecution and completion of all the navigable communications contemplated by this act : I. Be it enacted by the people of the state of New-York, repre- sented in Senate and Assembly, That there shall be constituted a fund to be denominated the canal fund, which shall consist of all i anal fund, such appropriations, grants and donations, as may be made for that purpose by the legislature of this state, by the congress of the United States, by individual states, and by corporations. CANAL LAWS, kc 350 companies and individuals; which fund shall be superintended 1817 and managed by a board of commissioners, to be denominated " the commissioners of the canal fund," consisting of the lieu- er £ 0,n, " , " 5,0M " tenant governor, the comptroller, the attorney general, the sur- veyor general, secretary and treasurer, a majority of whom with the comptroller shall be a quorum for the transaction of bu- siness ; and that it shall be the duty of the said board to receive, Their dmu >t arrange and manage to the best advantage all things belonging aIld P° wer3, to the said fund; to borrow, from time to time, monies on the credit of the people of this state, at a rate of interest not ex- ceeding six per centum per annum, and not exceeding in any one year a sum which, together with the net income of the said fund, shall amount to four hundred thousand dollars ; for which monies, so to be borrowed, the comptroller shall issue transfera- ble certificates of stock, payable at such time or times as may be determined by said board ; out of the said fund to pay to the canal commissioners hereafter mentioned, the monies so to be borrowed and the income of the said fund, reserving at all times sufficient to pay the interest of all monies that shall have been borrowed by the said board ; to recommend from time to time to the legislature, the adoption of such measures as may be thought proper by the said board for the improvement of the said fund, and to report to the legislature, at the opening of every session thereof, the state of said fund ; and that the comptroller and ireasurer shall open separate books, and keep the accounts of he said fund distinct from the other funds of the state. ' II. And be it further enacted, That the commissioners appoin- ed by the act, entitled " an act to provide for the improvement Former com- )f the internal navigation of this state," passed April 17, I816*gj*""* c, » hall continue to possess the powers thereby conferred, and be lenominated " the canal commissioners;" and they are hereby Authorised and empowered, in behalf of this state, and on the redit of the fund herein pledged, to commence making the said anals, by opening communications by canals and locks between commence ca- ne Mohawk and Seneca rivers, and between Lake Champlain nd the Hudson river ; to receive from time to time from the ommissioners of the canal fund, such monies as may be neces- iry for and applicable to the objects hereby contemplated ; to ause the same to be expended in the mo^t prudent and economi- d manner, in all such works as maybe proper to make the said 360 CANAL LAWS, &c. 1817. canals; and on completing any part or parts of the works or car* * v — — ^ nals contemplated by this act, to establish reasonable tolls and adopt all measures necessary for the collection and payment thereof to the commissioners of the canal fund ; that a majority of the said commissioners shall be a board for the transaction of business, each of whom shall take an oath well and faithfully to execute the duties of his office, and shall report to the legisla- ture at each session thereof, the state of said works and expen- ditures, and recommend such measures as they may think advis- able for the accomplishment of the objects intended by this act; Vacancies how anc * m case °^ an y vacanc y m tne office of commissioner, during filled. the recess of the legislature, the person administering the go- vernment may appoint a person to fill such vacancy until the le- gislature shall act in the premises. May take HI. And be it further enacted. That it shall and may be lawful ?a°ndT&°c n0f f° r tne sa ^ ca " a l commissioners, and each of them, by them- selves, and by any and every superintendent, agent, and engineer, employed by them, to enter upon, take possession of, and use all and singular any lands, waters, and streams necessary for the prosecution of the improvements intended by this act, and to make all such canals, feeders, dykes, locks, dams, and other works and devices as they may think proper for making said improvements, doing nevertheless no unnecessary damage ; and that in case any lands, waters or streams taken and appropriated for any of the purposes aforesaid, shall not be given or granted to the people of this state, it shall be the duty of the canal com- missioners from time to time, and as often as they think reasona- Appraisers to hie and proper, to cause application to be made to the justices be appointed. Q f tne supreme court, or any two of them, for the appointment of appraisers; and the said justices shall thereupon, by writing, appoint not less than three, nor more than five discreet disin- terested persons as appraisers, who shall, before they enter upon the duties of their appointment, severally take and subscribe an oath or affirmation, before some person authorised to administer oaths, faithfully and impartially to perform the trust and duties required of them by this act, which oath or affirmation shall be filed with the secretary of the canal commissioners ; and it shall be the duty of the said appraisers, or a majority of them, to make a just and equitable estimate and appraisal of the loss and damage, if any, over and above the benefit and advantage to the respective owners and proprietors or parties interested in the CANAL LAWS, kc. premises so required for the purposes aforesaid, by and in conse- 1817. quence of making and constructing any of the works aforesaid ; * v ' and the said appraisers, or a majority of them, shall make regu- lar entries of their determination and appraisal, with an apt and Tc ^ make en- sufficient description of the several premises appropriated for the purposes aforesaid, in a book or books to be provided and kept by the canal commissioners, and certify and sign their names to such entries and appraisal, and in like manner certify their de- termination as to those several premises which will suffer no damages, or will be benefited more than injured by or in conse- quence of the works aforesaid; and the canal commissioners shall pay the damages so to be assessed and appraised, and the fee sinple of the premises so appropriated shall be vested in the peoplo of this state. VI. And he it further enacted, That whenever, in the opinion T, t ) e ofthrW. of the canal commissioners, it shall be for the interest of this vested S** state, for the prosecution of the works contemplated by this act, state - that all the interest and title (if any) in law and equity of the western inland lock navigation company should be vested in the people of this state, it shall be lawful for the said canal commis- sioners to pa^s a resolution to that effect ; and that it shall then be lawful for the president of the canal commissioncrsto cause acopy of such resolution, with a notice signed by himself and the secre- tary of the said commissioners, to be delivered to the president 'or other known ollicer of the said company, notifying the presi- dent and directors of the said company that an application will be made to the justices of the supreme court, at a term thereof to be held not less than thirty days from the time of giving such notice, for the appointment of appraisers to estimate the damages to be sustained by the said company, by investing in the people of this state all the lands, waters, canals, locks, feeders, and ap- purtenances thereto acquired, used and claimed by the said company, under its act of incorporation, and the several acts amending the same ; and it shall be the duty of the justices afore- i • i i • i • i • j i r s i S - courl To a P' said, at the term mentioned in the said notice, and on prooi oi the point apprais- 'scrvice thereof, to appoint, by writing under the seal of the said ers * court, and the hands of at least three of the said justices, not lets than three, nor more than five disinterested persons, being citi- zens of the United States, to estimate and appraise the damages aforesaid ; and it shall be the duty of the said appraisers, or a majority of them, to estimate and appraise the damages afore- 46 3G2 CANAL LAWS, fce. 1817. said, and severally to certify the same under oath, before an onV V v ' cer authorised to take the acknowledgement of deeds, to be a just, equitable, and impartial appraisal to the best of their judg- ment and belief, and shall thereupon deliver the same to one of the canal commissioners, who shall report the same to the said court; and if the said court shall be of opinion that the said damages have been fairly and equitably assessed, the said jus- tices, or any three of them, may certify the same on the said re- port, and the amount of the said damages and the expenses of the said appraisal shall be audited by the comptroller, and paid on his warrant by the treasurer out of the canal fund ; and the people of this state shall thereupon be invested with, and the said canal commissioners may cause to be used, all the lands, waters, streams, canals, locks, feeders, and appurtenances aforesaid, for the purposes intended by this act. Tax on salt. ^' *^ n ^ ^ e ' lt further enacted. That for the purposes contem- plated by this act, and for the payment of the interest and final redemption of the principal of the sums to be borrowed by virtue hereof, there shall be, and hereby are appropriated and pledged, a duty or tax of twelve and a half cents per bushel upon all salt to be manufactured in the western district of this state ; a tax of one dollar upon each steam-boat passenger, for each and every pa n s9engers b ° at tr ^P or voyage such passenger may be conveyed upon the Hud- son river on board of any steam-boat over one hundred miles, and half that sum for any distance less than one hundred miles and over thirty miles; the proceeds of all lotteries which shall lotteries, S &c. oe drawn in this state, after the sums now granted upon them shall be paid ; all the net proceeds of this state from the western inland lock navigation company; all the net proceeds of the said canals and each part thereof when made ; all grants and do- nations made or to be made for the purpose of making the said canals ; all the duties upon sales at auction, after deducting thereout twenty-three thousand five hundred dollars, annually appropriated to the hospital, the economical school, and the or- phan asylum society, and ten thousand dollars hereby appro- priated annually for the support of foreign poor in the city of New-York. VI. And be it further enacted, That from and after the first Duty on Onon- Tuesday of August next, there shall be paid and collected in the manner now directed by law, upon all salt to be manufactured in the county of Onondaga, a duty of twelve and a half cents per CANAL LAWS, &« bushel, instead of the present duties, and the like tax or duty of 1^17. twelve and a half cents per bushel upon all other salt to be man- v v Hfactured in the western district of this state, w hich shall be col- lected by the superintendent of the salt springs, until otherwise directed by the legislature; and for that purpose, he shall have How collected, a responsible deputy residing at each place where salt is or may he manufactured, with the like powers and subject to the like duties as his present deputies ; and that nil the provisions, for- feitures, penalties, and restrictions contained in the laws relative to the duties upon Onondaga salt, so far as the same may be ap- plicable, shall be in force for the purposes of enforcing the pay- ment and collection of the tax or duties upon salt hereby levied and imposed. And further, that the said superintendent, instead of a yearly report to the legislature, shall make a quarter yearly report to the commissioners of the canal fund, and pay into the treasury of this state, on the first Tuesday of February, May, August and November, in each year, all the monies collected by him during the quarter preceding each of those days, deducting in addition to w hat bv law is now allowed to be deducted, fi ve p " ce " ta ° e ,or per cent, of the duties collected at all other salt w orks, not situa- ted in the county of Onondaga, and two per cent, of the duties upon Onondaga salt, as a compensation for collecting and pay- ing over the same. VTI. And be it further enacted, That it shall be the duty of the Commissioner* said canal commissioners, to raise the sum of two hundred and ^[i^ 200 ' 000 fifty thousand dollars, i j be appropriated towards the making and completing of the said canals, from the Mohawk river to the Sen- eca river, and from Lake Champlain to Hudson's river, by caus- ing to be assessed and levied in such manner as the said commis- sioners may determine and direct, the said sum of two hundred and fifty thousand dollars, upon the lands and real estate, lying 1 r • i « * • • <• To be levied oo along the route of the said canals, and within twenty-five miles landa lying of the same, on each side thereof: which sum so to be assessed and Jd? levied, shall be assessed on the said lands and real estate adjacent to the said several canals, in such proportion for each as the said commissioners shall determine. And the said commissioners shall have power to make such rules and regulations, and adopt >uch measures for the assessing, levying, and collecting the sum or sums of monev, either by sale of the said lands or otherwise'., ■ • * . Laodi niaj be as they shall deem meet, and the said assessment shall be made *old. on said lands, according to the benefit which they shall be con- 304 CANAL LAWS. fee. 1817. sidered by the said commissioner?, as deriving from the making * v ' of the said canals respectively : Provided. That such rules, reo> illations and measures, shall before they are earned into effect, be sanctioned and approved by the chancellor and judges of the supreme court, or a majority of them : And provided further, That if any company or individual subject to such tax, shall sub- scribe any money or other property towards the completion of the said canals, the amount of such donation or voluntary sub- scription, shall, if the same is less than the amount of the tax, be deducted therefrom, and if more, he or they shall be entirely discharged from the said tax. Tax on steam VIII. And be it further enacted, That from and after the first day gerstoTepaid of May next, the aforesaid tax upon steam boat passengers, shall alter 1st May. k e d ernanc jed, taken and received, by each captain or master of see act* March ever y steam Doat navigating the Hudson river ;* and that du- so, 1820. r i n g eacn month thereafter, in which such boat shall be employed Captains to ac- for the conveyance of passertgers, it shall be the duty of such troXr t un C der P " captain or master, to cause to be delivered to the comptroller of oath> this state, a return or account, sworn to, before some officer au- thorised to administer oaths, stating the name of the boat, the number of trips made by such boat during such month, and the whole number of passengers conveyed on board such boat, at each of the said trips, over one hundred miles, and the number conveyed less than one hundred miles, and over thirty miles, and pay into the treasury of this state the amount of such tax col- lected during the time mentioned in the said return, deducting Three per cent three per cent, thereof, as a compensation for making such return, ' and collecting and paying over the said tax : And further, That in case of any neglect or refusal in making such return, or col- lecting and paying over the tax as directed in and by this section, the captain or master so neglecting, shall forfeit and pay the sum Pcnsiltv for neglect. of five hundred dollars, besides the amount of the tax so directed to be collected and paid over, to be recovered in an action of debt in the name of the people of this state, and for the use of the afore- said fund, CANAL LAWS, &c. 365 Extract from the "Act to amend an act, entitled "An art eon- 1317. cerning the State Prison." v Passed April 15, 1817. XTI. «/M it further enacted, That the canal commissioners t Canal com* shall be and they are hereby authorised and empowered to con- miwionersmay . . • i- • i i i- • -i i • contract for la- tract with any individual or individuals, company or companies, bor of convicts. for the labor of any number of convicts in the state prison to be employed upon the canal contemplated by the act, entitled " an act respecting navigable communications between the great west- ern and northern lakes and the Atlantic ocean, and that the said individual or individuals, company or companies, shall, before receiving the said convicts into their care and custody, give good and sufficient bonds, in such sum or sums of money, to be ap- proved of by the said commissioners, and conditioned that the said convicts shall be kept, supported and maintained, free of any expense to the people of this state, and that none of the said convicts shall be taken out ol the said prison to labor on said canals for any shorter period of time than six months ; and ConvlCt3 es . that in case any of the said convicts shall escape while so em- caping. ployed, as aforesaid, and shall be apprehended and convicted thereof, it shall and may be lawful for the court where such con- viction shall be had, to banish such convict or convicts from the state, on pain of death, if such convict or convicts shall re- turn to this state, or continue therein, after such sentence as .aforesaid. Extract from the " Aci to incorporate the Baptist Theological Seminary, and for other purposes." Passed April 15, 1817. IV. And be it further enacted, That it shall and may be lawful for the comptroller to draw his warrant on the treasurer, in favor c ao d comma of the canal commissioners for the whole or such part as thev " ooer ?» 4,00 i . T may ho pan may require of the sum of four thousand- dollars, appropriated thini by the ninth section of the act, entitled " an act for the payment of certain officers of government," passed the present session, prior to their accounting for the expenditure of said mone\ , had terminated his line, the levels of 47 370 CANAL LAWS, &c. 1S18. these engineers, which embraced a circuit, from the place of de- parture to the junction, of nearly one hundred miles, differed Accuracy of from each other less than one and an half inches ! This result, so experiments. . r . M . . . . , a , satisfactory, exhibits in the engineers a degree of care, skill and precision, in the delicate process of levelling, which has perhaps never been exceeded. Operations Isaac Briggs, Esquire, an eminent mathematician, who had an!u;tica Rome Deen em pl°y e d by the commissioners as an engineer, after pro- curing the necessary instruments, was directed to operate between Rome and Utica. This part of the line was in general less encumbered with forest trees, and offered fewer obstructions to a fair and speedy experi- ment in excavation than any other. The necessary preliminary examinations had occupied much time, so that the season was al- ready far advanced, and had become excessively wet ; the de- Season wet &c manQ, s for contracts already increased beyond every exertion to supply them : it seemed very important that in the course of the season such progress should be made in the works, as would pre- sent to the people of the state as satisfactory a test as possible, of the correctness or incorrectness of the estimates of last year : it was necessary before the contracts could be made to determine the exact dimensions of all the works, and the precise manner of their construction ; to calculate the cubic contents of masonry in every aqueduct and bridge, so that a sufficient quantity of proper materials might be provided : in short, to settle all the details and provisions of a great variety of miscellaneous contracts, of which hardly any two are to be found exactly similar to each other. Oppressed by that weight of responsibility, which is the necessary concomitant of such a complication of important con- cerns, the acting commissioners felt that the united exertions of the engineers and of themselves were indispensable, until by their labors these multifarious details should have assumed, in some measure, an organised form. These considerations, it is hoped, will furnish a sufficient apology for not having divided their ex- ertions at an earlier period, and simultaneously attended to the Champlain canal, as was at first intended, and as it seems was contemplated by the law tvhich authorises its construction. After performing the above services, James Geddes, Esquire, was directed to operate between Rome and Utica, until that part of the line should be ready for contract? ; after which he was in- CANAL LAWS, .v. . structed to repair to the Champlain canal, he having been pre- 1S18. viously designated as its engineer. v V • The first contract is dated the 27th June, 1817, but owing to First contract . . . is dat»;d June the time necessarily spent by the contractors in preparation, it 27, t«i7, and was not until the 4th of July that the excavation was commenced, cavmtion ecm- Although the contracts are various and dissimilar, in conformi- menc « rf - ty to the localities of the line which they respectively embrace, yet there are some general provisions applicable to every con- tract for grubbing and clearing, for excavation and for embank- ment, which will be seen in the forms marked A. B. C. hereto annexed. The form of a contract for stone marked D ; of a contract for the construction of road bridges, marked E ; and of a contract for cast iron culverts, marked F. are also added. Some of the contracts for stone provide that they shall be paid for, according to the measurement by the cord at the place of de- livery : others according to the cubic measurement in the wall, after they are laid, and others at so much per ton, weighed at the place of delivery. A schedule marked G., hereto annexed, contains the names of all the contractors* the dates, extent, nature and prices of the several contracts, the respective times when they are to be com- pleted, and also the sums of money paid or advanced upon each of them. It will be perceived that the length of the line embraced by the several contracts for excavation and for embankment, varies from forty rods to three miles. The contracts, generally, were made to embrace less than would otherw ise have been necessary, in order that men in moderate pecuniary circumstances might be enabled to engage in the work, provided they could procure the necessary security. And although this multiplication of the contracts created much more trouble and labor for the commis- sioners than a contrary course would have done, as on every job it was necessary not only to draw and execute a contract, but also a counterpart thereof, so that each party might have one in his possession, yet this was obviously more just and equitable, than by a diminution of the number of contracts to have put it in the power of a few wealthy individuals to have monopolised the whole, and to have made sub-contracts, at reduced prices, with the laboring part of the community. It was usually the case when a contract was made, that the Monies ad- contractor wished for an advance in money, in some decree pro- vanced wh f n 7 ox voniract made. ( ANAL LAWS, &c. IS IS. portionate to the extent of his contract, to enable him to procure — v ''teams, utensils, provisions, fcc. A sum for this purpose was gen- erally advanced, on the security of some responsible individual or individuals, who became jointly and severally bound with the contractor that the job should be finished by the time and in the manner specified in the contract, or that the money should be refunded with interest ; and further, that the amount of the sum advanced should be expended in labor towards the completion of the contract within a reasonable time, (generally two months) or, in default thereof, that the said sum should be repaid on de- mand, with interest. This obligation was generally written on the back of the contract, according to the form hereto annexed, marked H. Instructions In the execution of contracts for excavation and for embank- msmeers. ment ^ t nere are great opportunities for deception, by neglecting to remove, in an effectual manner, from the foundation of the works, all the porous and perishable matter, and by constructing the internal and concealed parts of the banks of improper mate- rials. To prevent this, the engineers were instructed to examine the works as often as their other avocations would permit ; and also to employ faithful, active and vigilant assistants, who were frequently to traverse the line, and carefully to inspect every job, and commit to writing, and report to the engineer, every depar- ture from a rigid compliance with the respective contracts. The commissioners also, as far as time would allow, superintended the execution of all the works. The contracts were drawn in such manner (as will be perceived by the forms) that every con- tractor was compelled to finish his whole job, and have it inspected and accepted by the engineer, before he was entitled to receive any part of his pay. The}-, however, received a verbal assur- ance from the commissioners, that while the works were carried on in a faithful manner, monthly payments should be made, amounting nearly to the value of the labor expended on the job, calculated pro rata according to the prices mentioned in the con- tract, and deducting all previous advances and payments ; but that if any attempt at deception was discovered in the works, these payments should be entirely suspended, and a strict com- pliance with the contract enforced. Arrangements were also made to fill the canal with water, after the completion of a job, and previous to a settlement with the contractor, in every place ( ANAL LAWS, fee. af3 where this was practicable; so that the leaks, if any, might be 1318. at once discovered and repaired, at the expense of the contractor. v v ' When it is considered that the greatest part of the contractors are men of property and respectability, whose reputations are intimately connected with a faithful performance of their con- tracts, and when reference is had to the many guards and pre- cautions, which are calculated to ensure the same result, it may be safely anticipated, that the canal will be constructed in the most substantial and durable manner. The distance now under contract, is about fiftv-eierht miles, 58 mi,es unJe *i . 7 contract, and and is wholly on the summit level. A few rods on each side ofihe progre* he Oriskany creek, have not been let out, but are reserved in or- der that the surplus earth may be used in the construction of a Jam, which is to be built across that stream. More or less labor las been applied along the whole extent of the line under con- ract, according to the means of the several contractors, and the ime afforded to each of them, after the date of the contract, be- bre the close of the season. The greatest part of the contract- us suspended their operations at the freezing of the ground, tho' everal of them have continued to labor on their jobs up to the >resent time. About two thirds of the whole distance is through lew and uncleared land, and of course required grubbing and tearing ; the greatest part of which has been completed. Con- iderable progress has also been made on about two thirds of the otis in excavation and embankment. One job has been comple- ed and inspected, and a final settlement made with the contract- ors. Another is so far finished, as to be fit for use ; but it will, levertheless, require a few days additional labor, to give it that 'eauty and symmetry which are contemplated by the contract ; ad arrangements are also made to fill it with water before a final ettlement is had with the contractor. Detached pieces likewise are ompleted on many others : Indeed contracts may be seen in very stage of progression, from a bare commencement to a com- letion. A pretty correct idea can be formed of the amount of ibor, which has been applied to each contract, by reference to ie prices, and to the amount paid to the respective contractors, ought, however, to be noted, that from $200 to .$1000 each, as advanced on security, in December last, to the greatest part f the contractors, to enable them to take advantage of the mar- et, in purchasing beef, pork, flour and other stores and provi- ons for the next season. From the best estimate that can be 374 ( ANAL LAWS, &c. 1818. formed, it is believed, that the amount of labor which has v v J been applied on the whole line, would have completed, if con- centrated, the average excavation and embankment of about fif- teen miles. Experience ac- Much useful experience has been acquired in the course of the qmred, &c. g eason< Many valuable improvements have been made in the method of grubbing standing timber. It has been ascertained that much labor in excavation is saved, especially in dry ground, by the use of the plough and scraper : and it is found that banks constructed in this way, by being constantly travelled over by the teams with their loads, are much more solid, and less liable to leakage, than those which are made after the European me- thod with the spade and wheel-barrow. And even with the spade and wheel-barrow, more progress can be made in excavation, than was supposed. As an exemplification of this remark, the commissioners state with the fullest confidence, on the authority of Messrs. Pease, Mosely and Dexter, that three Irishmen in their ™s°hmen^ ieeem ploy> finished, including banks and towing-path, three rods of the canal, in four feet cutting, in the space of five and a hall* days. Thus sixteen and a half days work accomplished the ex- cavation of two hundred forty-nine and one third cubic yards ; which at twelve and a half cents per cubic yard, would produce to each workman the very liberal wages of one dollar and eighty- eight cents per day. Contractors It is believed that the prices which the contractors receive for t P bci?ptv Wi &c the several kinds of work, will afford them, in ordinary seasons, a generous compensation for their labor and superintendence.— The contractors in general feel confident of this ; and those who have done the most towards the accomplishment of their jobs, feel the greatest degree of encouragement. Several of them, as will be perceived, have taken second jobs ; and others have made ap- plication for them, but could not be accommodated. Those who have finished particular pieces, have been able to make calcula- lations of their loss or gain with mathematical certainty : and not an instance of this kind is known, in which it has been shewn that the prices do not pay for the labor. Mr. Richardson tvlio completed the first job, except giving it the last finish, which will not probably require more than ten or fifteen days labor, alledge> that he has kept an account of his expenditures, and that not- withstanding the unfavorableness of the season, he shall clear the whole of his tools and utensils. The excavation of this job, run- CANAL LAWS, fcc. ning through low ground, was almost incessantly interrupted or 1818. incommoded by repeated inundations. The contractors, in gen- v " * 1 . e; But have lo t eral affirm, that they have been injured from 20 to 30 cent, by by the wetnew i j • c j.\ " w the season, the extraordinary wetness ot the season. The rains have surpassed in extent and duration all former ex- ample. More water has flowed in the Mohawk river the past summer, than was ever before witnessed in any season by the old- 'est inhabitants. Its extensive intervale lands have several times been deluged : and at Rome it raised so high in October last, that a part of its waters, overflowing the dividing lands between the river and Wood creek, passed down that creek and were of course discharged into the ocean by the St. Lawrence ; thus converting the northern and eastern part of this state, and indeed, all the country east of the Hudson and south of the St. Lawrence, into an island. But although these excessive rains have been so detrimental to iffX^jX 00 S Providential the contractors, yet they have furnished a volume of experience, dispensations, which cannot fail to be immensely valuable to the state, in the great works of internal improvement which have been commen- ted. Indeed, with minds accustomed to view in every occur- rence a particular dispensation of a benign and superintending Providence, the two last seasons cannot but be regarded with pe- culiar interest. In 18 1G, when the whole of both routes, from lake Erie and from lake Champlain to the navigable waters of the Hudson, embracing an extent of more than four hundred miles, was to be examined and explored, the season was uncommonly Jry and favorable ; and perhaps more useful and extensive sur- veys and levels were made than were ever before accomplished in one year in any age or country : And in 1817. when the works were to be commenced, no season was ever marked with such repeated inundations ; as if to indicate at the commencement, by the height, impetuosity and durability of the greatest floods, he exact dimensions and strength of the works necessary to dis- charge or resist thera. The examinations of last year, which have been so minute and ntical, that no important obstructions could have escaped them, lave strongly demonstrated the practicability of carrying on hese important works. The ground is so well calculated for a canal, that the commis- Only half a ioners feel very confident, that in the distance of more than fifty ^dd™" 19 iglit miles between l T tica and Salina, there is not to exceed h alf \ mile which will probably require puddling. CAx\AL LAWS, &c. 181S. This half mile is in the neighborhood of Whitesborough ; and v v ' even with respect to this, strong expectations are entertained, that * ewrocks » &c - without this process it will become water tight. So few rocks or stones exist on the whole extent of the summit level, that it is be- lieved $500 would be more than sufficient to remove every ob- struction of this kind. In the town of Manlius, two or three points of shelly, rotten limestone, of a slaty structure, such as generally forms the roof or covering of plaster beds, have been discovered, and are indicated on the profdes ; — and on the con- tract of Mr. Gumaer, in this town, fine chrystalized gypsum has been dug up and laid bare by the excavation. In the whole ex- tent of the summit level, there is not a ravine to be filled up, or a ridge to be cut down, in which the greatest deviation of the surface of the earth from the top water line amounts to eighteen feet. The average depth of cutting, for the whole distance, is less than five feet ; and an embankment one seventeenth part of the distance, ten feet high, would amount to all the combined works of that kind which are necessary. Contracts ^ reference to the former report will shew, that the contracts within theesti- on t } ie w hole are within the estimates. It is true, that as respects mates, &c. # r the contracts for excavation, separately considered, although some of them are as low as eleven cents per cubic yard, yet in the aggregate they will, in a trifling degree, exceed the estimates. But, by an examination of the sectional maps, it will be seen, that some of these contracts include small ravines, over which short embankments were necessary ; and in some cases of this kind, where the surplus earth from the parts to be excavated was supposed to be sufficient to form the embankments, nothing was allowed eo nomine for the embankments ; but such sum, by the cubic yard, for the excavation was agreed on, as was deemed sufficient to cover this extra labour. This was the case in the first contract of Mr. Richardson, and in several others of the earliest contracts, as will be perceived by the profiles of the sec- tions which they embrace. The reduction of the short summit level at Rome created be- tween two and three feet additional depth of cutting for about three miles in length : and this extra depth required an enhance- ment in the price of excavation : but it should be noted, that the saving of the cost of constructing two locks, in addition to oth- er advantages, will much more than counterbalance this enhance- ment of expense. CANAL LAWS, kc. 3?7 The estimates allowed for grubbing and clearing through un- 1 8 1 S . cleared land $1,500 per mile ; and by a reference to the con- v^-v^^/ tracts it will be perceived that the prices to be paid, average about $ 1 ,200 per mile. The estimated price for building a road bridge was $500 — w hereas the whole have been contracted for between Utica and Salina, and with a warranty that they shall stand firm and secure for five years, at an average of $335 each. The culverts are to be made of cast iron. They will probably cost as much, and possibly rather more than the estimates ; but their permanency and durability will, it is believed, make them cheap- er in the end, than though they had been constructed in the ordi- nary manner. In comparing the amount to be paid upon the contracts with the former estimates, it should not be forgotten that all the contractors furnish their own tools, by which the state is relieved from a very serious item of expense. On the whole, the Commissioners feel satisfied from the expe- rience of last year, that with care and economy, and also with the aid of the labour-saving improvements which may be reason- ably anticipated during the progress of the works, the Erie and Champlain Canals may be completed for a sum which shall not exceed the estimates. About the 5th of September, Mr. Geddes commenced the re " Can ^ b £™ pla ' ri examination of the Champlain Canal. — Considerable time was spent in exploring, with a view to ascertain whether, in case the i trade on that canal should, in a course of years increase to such a degree as to exhaust Half Way Brook, which is the principal source of supply for the summit level, a sufficient quantity of wa- ter might be obtained from any other quarter. Levels were carried from the Hudson river, at several points above Fort Ed- ward, to the line of the canal : And it was ascertained, that in the event of future deficiency, water may be drawn from the Hudson by a short feeder, in any quantity which may be neces- sary. It is not proposed to make this feeder at present ; indeed, it is not believed it will be wanted in half a century, unless a change in the seasons, creating a great diminution of water, should ake place ; but it was deemed prudent before the canal was com- nenced, to ascertain the practicability of its future construction. The engineer levelled and examiued the whole length of the ine of the canal from Fort Edward, w hich is to be its place of unction with the Hudson, to Whitehall. Five miles from White- lall, south, along the line of the canal were, marked out into 48 SIB CANAL LAWS, &c. 1818. sections ; which comprehend the greatest part of the excavation — v~— ' between the south part of the village of Whitehall and Fort Ann, as the natural channel of Wood Creek will be principally used the remainder of the distance between those two places. Some doubt existed at Fort Ann, whether it would be best to pass on the east or the west side of the village. Both routes were ex- plored, and it is finally believed, that the east route combines the greatest advantages. These two routes form a junction about one mile south of the village of Fort Ann, from which point, about five miles along the line of the canal to the south were laid out into sections. From the termination of this last dis- tance to Fort Edward, it was carefully explored and levelled j but a part of the distance being swampy and filled with water by the excessive rains, and it being so late in the fall that little probability existed of commencing the excavation to advantage until next season, the engineer did not lay off into sections and accurately stake out this part of the line. It is however intended, that this shall be done in March, before the breaking up of the frost, if the weather will permit, so that the work may be com- menced as early in the spring as possible. Profiles and The profiles and maps of the engineer are herewith present- ap! * ed. A printed copy of specifications, regulating the manner of constructing the works, and designed in some measure to abridge the labour of writing the contracts, is also hereto annexed. The line of the canal and the form of the works, are not ma- terially varied from the plan proposed in the report of last year. It has, however, been thought advisable, and indeed of consider- able importance, to enlarge the dimensions of the canal and locks, so as to make them correspond in size with the Erie canal. Several important considerations may be adduced in support of this alteration. Those parts of this state and of Vermont which lie contiguous to Lake Champlain, abound in masts, spars, ship- timber, and lumber of all descriptions, to a degree which can hardly be conceived by a person unacquainted with those exten- sive tracts of country. It will require locks of nearly or quite ninety feet in length to transport masts and spars to the best ad- vantage ; and all the bulky articles of lumber, which are usual- ly rafted, may be transported through such locks in much larger quantities, and of course with much more expedition, than through those of small dimensions, as it requires nearly the same time to pass a small as a large lock. CANAL LAWS, Sec After the completion of the canals, a considerable exchange of 1 813. articles may be expected between the western and northern parts ^^v-^ of this state. Salt and gypsum will be sent from the west to the north, for which iron and the fine marble of Vermont will be returned. It is obvious, that no direet communication of this kind can be carried on between these two parts, unless the boats which navigate the Erie Canal, and which will probably be of correspondent dimensions, can also traverse the Champlain Ca- nal. If this is not the case, cargoes passing from one of these places to the other must be unloaded and reloaded at the tide- waters of the Hudson, which would increase, in a considerable degree, the expense of transportation. The additional cost of increasing the dimensions of the Cham- plain Canal, together with its locks, will, it is believed, bear no proportion to the utility of the measure. For more than half the distance between the tide-waters of the Hudson and Lake Cham- plain, this communication will occupy the natural channel of the Hudson and of Wood Creek. It is apparent then, that the ex- tra expense of excavation created by this measure cannot be very serious. A considerable share of the expense of a lock is usu- ally incurred in securing a permanent foundation, by piling or otherwise. When it is considered, therefore, that the piling ma- chines and other necessary apparatus will cost about the same sum for locks of different dimensions, it is pretty evident, that an addition of ten feet to the length, and two to the breadth of a lock, cannot very considerably augment its expense. The excavation of about five miles of the Canal, immediately 5 m ii es cx>ni south of Whitehall, has been contracted for by Messrs. Melanc^ tracledfor: thou Wheeler and Ezra Smith, at twelve and a half cents per cu- bic yard, except a deep cutting of about thirty rods in length, for ►vhich they are to receive eighteen cents. The work was com- nenced and continued for some time on this contract, until the weather had become so unfavorable, and the days so short, that t was thought prudent to suspend it till spring. Reasonable propositions have been made for the excavation of ill the remaining part of the line, except thai which passes through he village of Whitehall ; but as the work could not be advanta- geously commenced till next spring, and as a considerable part >f the line was not accurately designated, the contracts have not et been executed. The re-examination of the Champlain Canal, has confirmed CANAL LAWS, &c. 1S18. and increased the favorable impressions which the former survey had made. From the advantageous nature of the ground gene- rally, and from the contiguity of the materials which are neces- sary for the construction of the artificial works, the Commission- ers confidently anticipate, that even with its enlarged dimensions, it will be made for the sum mentioned in the estimate. A ent employ ^ n a S en * was em pl°y e d early in the season to procure for the etfto procure state cessions of the lands to be occupied by the Canals. He traversed the whole line from Utica to the Seneca river, and took particular pains to call on every resident land holder who could be found. The result was, that about nine-tenths of them made voluntary cessions to the state. More than half of the line of the Champlain Canal, between Fort Edward and White Hall, has also been ceded by the owners, to whom application was made by the same agent. Several young men have been employed by the engineers as assistants, during the last season, some of whom have manifested a praiseworthy zeal to qualify themselves as engineers ; and from the attention and aptitude which they have exhibited, there is no doubt but they will soon become extremely useful to the state. — One of them has gone to Europe, with a view to make himself fully acquainted with the best mode of constructing all the works appertaining to Canals. General Re- The construction of Canals is an art within the complete attain- maik6e ment of ordinary capacities. AH its rules have been fully ex- plained by eminent engineers, who have written treatises on the subject. And notwithstanding our country has made such small advances in Internal Navigation, yet there are already in the United States samples of the most difficult works which will be necessary on the Erie or Champlain Canal. — Neither of these communications will require a reservoir, sough or tunnel, which are always the most extensive appendages to internal navigation. Locks are the most difficult of all the works which will be neces- sary, and their construction is already well understood in this state. The state of New-York may indulge the proud reflection, thai Shcaute^c. sne P oss esses within herself the genius, the skill, the enterprise and all the other means, requisite to the accomplishment of ai Internal Navigation, whose utility will surpass any work of th< kind which preceding ages have accomplished. The locatioi and extent of the great lakes, connected together and stretching Canal laws, &c. 381 through several degrees of latitude and longitude, and the won- 1818. derful facilities of the country intervening between them and the v v — tide waters of the Hudson, appear to have been designed by na- ture to tempt the improving industry of man. To join the east to the west ; to unite the forty-iifth degree of latitude on Lake Champlain with the farthest verge of Lake Superior ; to connect the whole with the ocean, and to bestow the blessings of an easy intercommunication upon the millions of human beings who are destined to flourish along these extended lines, are within the re- sources of this state, It rarely falls to the lot of the limited pow- ers of man, to confer any signal, extensive and lasting benefit upon the human race ; but the achievement of this magnificent enterprise, surpassing in its effects all the ordinary attainments of human imbecility, would seem, in no partial degree, to emu- late the bounty of Heaven itself, which showers its benedictions upon whole states and kingdoms. An acquaintance with the history of European Canals, with the cost of their construction, their location, their annual ton- nage, and the revenues which they afford, cannot fail to satisfy every unprejudiced mind, that in a pecuniary point of view, the amount which the contemplated canals will cost, could not in any other way be so profitably invested. Few of the Canals of Eu- rope extend their benefits beyond the immediate vicinity of their works. But an inspection of the map of this state will shew, that ten times as much territory beyond its northern termination will be benefitted by the Champlain Canal, as exists along its line ; and with respect to the Erie Canal, when it has traversed the most productive parts of this state, to its western termination at Buffalo, embracing w ithin its scope exhaustless mines of gypsum I and perennial fountains of salt, the boundless theatre of its use- fulness is but barely commenced. Is it possible, then, that the accomplishment of these works can fail to yield to the state a rich pecuniary reward, as well as the more honorable testimonials of public gratitude, perpetuated to the latest generations in the plaudits of a countless posterity. DE WITT CLINTON, S. VAN RENSSELAER, SAMUEL YOUNG, MYRON HOLLEY. \ Albany, 31 st January, 1 8 IS. 382 CANAL LAWS, fee* 1818. [The appendices A. B. C. D. E. F. G. H. referred to in the k v ' Report are omitted, as not necessary to the present work. The names of the Contractors set forth in the " Schedule of Canal Contracts," were, Adams, Seton & Adams, J. Seymour, Selden & Edgerlon, J. Brainard, M. H. Fairservice, D. S. Parke, P. Lyon, J. Hathaway, J. Colbom, J. Richardson, J. Burrows, J. &; A. Waggoner, M. Hall, Parker h Collins, E. Hovey, J. Lynch, Barber, Wooley, Joslin & Hammond, Ackley & Hibbard, E. Chapin, Chapin & Brayton, Collins &t Cook, Hutchinson & Harger, H. & C. Adams, J. Miller, Mosely, Dexter & Pease, J. Hunt, Walcott &t Mann, Donaldson, Cull &t Wright, Beckwith & Slayton, N. Hempsted, A. Woolworth, Comstock & Miller, A. Van Camp, S. W. Bond, S. Holliday, D. Eggleston, W. Colton, Z. Douglass, Adams, Bailey & Edwards, J. Olcott, A. Fuller, W. Abercrombie, J. Chapman, M. Harris, Griswold, Bangs & Sage, R. Noble, Gay & Wilcox, Hall & Brown, N. Woolaver, Teall & Bangs, E. S. Cadwell, Olcott & Leonard, E. Gumaer, Jun. S. Bronson, R. Parsons, J. Ingell, Vrooman & Hempsted, N. & G. Raymond, J. Landon & G. Seton. These contracted for 58 miles 87 chains and 33 links of the Erie Canal, and Wheel- er & Smith for 5 miles of the Champlain Canal. The following persons contracted for the making of bridges, abutments, aque- ducts, &c. viz : Pease h Dexter, J. Dodge, J. Multer, M. H. Fairservice, J. Yale, Cunningham, Squier & Matthews, H. Burr, J. Brainerd, B. Watson, M. Vrooman, N. Towar, M. Tallcott, S. H. & O. Butler, A. Hamlin, Carr & Raymond, A. C. Hoar, Story, Rice h Simpson, T. Newell, Blackstone & Mason, E. Sweeting.] XXII. Legislative Proceedings in 1818. Answer to On the 5th of February, the senate agreed upon their answer, ^senate! cb reported by Mr. Ross, from the committee appointed for the pur- pose, to the Governor's speech. With respect to canals, &ic. the answer says, " The Senate duly appreciate the importance of " the internal trade of the country, as relates to agriculture, " manufactures and commerce, and the necessity of easy and " rapid communications by water-coursess roads and canals. CANAL LAWS, tvt 3^0 *♦ These subjects will accordingly engage the deliberate atlen- 1818. " tion of the senate." The assembly, on the 10th, agreed upon ' sr- their answer, reported by Mr. C. D. Colden, from the committee appointed for the purpose. (In committee of the whole, on the 6th, amendments were proposed by Mr. Meigs, and a substitute by Mr. Williams.) On the part relating to the canal, a division of the question was called for by Mr. Root. On the question of adopting it, there were 66 ayes and 38 noes. For the affirmative* Mr. Babcock, Mr. Kirkland, Mr. Barlow, Air. Lawrence, Mr. Bay, Mr. M'Call, Mr. Belding, Mr. M'Garragh, Mr. Belknap, Air. M'Lean, Mr. Brayton, Mr. Matteson, Mr. Bronk, Air. Munroe, Mr. Bush, Mr. Moore, Mr. Case, Air. AIorri>, Mr. Colden, Air. Mullenei. Mr. Crittendon. Air. Nye, Mr. Davis, Air. Phelps, Air. Duer, Mr. Powell, Mr. Earll, Air. Randall, Mr. Fenton, Mr. Requa, Mr. Ferris, Air. Rosecrants, Mr. Fleming, Air. James Sackotr. Mr. Fosdick, Air. ScherTnerhorn. Mr. Gibson, Air. Selby, Mr. Greenley, Mr. J. Smith, Mr. Groesbeeck, Air. Southerlaiul. Mr. Hackley, Mr. Strong, Mr. Hart, Air. Tabor, Mr. Hathewa\ . Mr. Throop, Mr. Hilton, Air. Turner, Mr. Hoflhagle, Mr. Van Cleef, Air. Hoyt, Air. Van Fossen, Mr. Howell, Mr. Waite, Mr. Huntington. Mr. Webb, Mr. Isaacs. Mr. WelK 384 CANAL LAWS, &c. 1818. Mr. Jackson, Mr. Wheeler, Mr. Judson, Mr. Williams, Mr. Kelloffff, Mr. Woodruff, 66 For the Negatke. Mr. Barker, Mr. Mann. Mr. Beach, Mr. Meigs, Mr. Bouck, Mr. Morss, Mr. Cameron, Mr. Oakley, Mr. Carman, Mr. Orvis, Mr. Cole, Mr. Osborn, Mr. Corson, Mr. Pierson, Mr. Crolius, Mr. Pray, Mr. Edwards, Mr. Root, Mr. Ellsworth, Mr. Jehiel Sackett, Mr. Harper, Mr. Sharp, Mr. Havens, Mr. S. Smith, Mr. Heeney, Mr. Staples, Mr. Hunter, Mr. Stimpson. Mr. Johnston, Mr. Tooker, Mr, Jones, Mr. Tripp, Mr. Kissam, Mr. Tyler, Mr. Livingston, Mr. Ulshoefler, Mr. Lynde, Mr. Vedder, 38 Answer of the The part of the answer of the assembly adopted on the dh assembly. g j on an( j re j atm g t0 cana l s i s as follows : " The advantages which " must result, not only to this state, but to the world, from the 81 completion of the contemplated communications between the H inland seas on our borders, and the Atlantic ocean, is so mani- " fest, that we cannot but express the great satisfaction with " which we learn from your excellency, that they have been M auspiciously commenced, and are in successful progress. This " satisfaction is greatly encreased by the information you have " given us, that this stupendous work may be performed at an " expense not exceeding in the aggregate, the estimates of the " commissioners, and that our resources are fully adequate to " them, without extraneous aid. We believe, that no part of the * 1 world affords so many natural advantages for the execution of such J c an undertaking. Inexhaustible reservoirs lying above the level i AVAL LAW S, &£. 660 u ot the canal in every part ofits course ; a country not inter- 1818. " cepted by ridges or mountains which commonly separate the v sf— "heads of water courses, are in themselves advantages that no u work of the same kind has, as we believe, ever before enjoyed. " The great causes of expense in the execution of similar projects J have been the necessity of passing near the summits, on which " were situated the mountains which supply the water and the H works on that account necessary to encourage the use of that " element — There is reason to believe that the disposition, ingenu- " ity, industry, and strength of our countrymen, will enable us to " do more work of this kind, than has been done elsewhere for f the same money, notwithstanding the price of labor is proba- " bly greater here than has been paid to those, who have execu- " ted similar enterprizes. " The effects of opening these communications, can, as yet, be f but indistinctly seen in their extent. They will reach every " member of the community. They must be felt by every citi- zen of the United States: and indeed so important an altera- ' tion in the natural disposition of the lands and waters of the ; earth cannot but have an influence on the condition of mankind. " It will afford the means of easy intercourse with an internal f sea coast connected with immeasurable tracts of fruitful soil I not inferior in extent to the shores of the Mediterranean. When " these works are accomplished a water communication between the lakes and the Mississippi and her 40 or 50,000 miles of navigable streams may be made without difficulty and at in- considerable expense. The commerce of an immense space will be led to the Hudson. If this should be the result of the great enterprise in which we are engaged, New-York will have advantages infinitely greater than any city has ever had, and she must forever enjoy them without a rival. The commerce of the Mediterranean is the support of many great commercial cities, but New-York will stand alone at the entrance of tin - extensive channel, and must be a greater emporium than ever called herself the mistress of commerce. " Besides the advantages which your excellency has enumera- ted, and which it is so obvious, will be the result of the accom- plishment of this stupendous work, there is certainly a national glory connected with the enterprize, calculated to excite the pride of every patriot. When we consider that every portion of the nation will feel the animating spirit and vivifying infill- 19 386 CANAL LAWS, fcc. 1818. " ence of these great works, that they will receive the benedic- " * ■ " tions of posterity, and command the approbation of the civilized " world, we are required to persevere, so far as a prudent re- " gard to the resources of the state will permit, by every con- " sideration which ought to influence the consciences, and go- " vern the conduct of a free, enlightened, and magnanimous u people." On the 1 st of April the assembly, in committee of the whole, had under discussion the bill " to improve the funds and provide " for the redemption of the funded debt of this state," and Mr. Root moved the following section to the bill : " And be it further enacted, That the powers of the commis- " sioners of the canal fund to borrow money on the credit of " the people of this state, shall be and the same are hereby sus- 41 pended, till the whole of the stock debt to be created by virtue " of this act shall be redeemed." The motion was lost, nays 75,. ayes, 21. Division. Mr. Beach, Mr. Corson, Mr. Crolius, Mr. Edwards, Mr. Ellsworth, Mr. Fenton, Mr. Gurnee, Mr. Harpur, Mr. Heeney, Mr. Livingston, Mr. Lynde, Affirmative* Mr. Lyker, Mr. Mann, Mr. Meigs, Mr. Miller, Mr. Morss, Mr. Osborn, Mr. Pierson, Mr. Root, Mr. Tooker. Mr. Tyler, For the Negative* Mr. Babcock, Mr. Barber, Mr. Barstow, Mr. Belding, Mr. Belknap, Mr. Bouck, Mr. Br ay ton. Mr. Bronk, Mr. Bush, Mr. Carman- Mr. Moore, Mr. Morris, Mr. Mulliner, Mr. Nye, Mr. Oakley, Mr. Patterson, Mr. Phelps, Mr. Powell, Mr. Randall, Mr. Requa. CANAL LAWS, fee. 387 Mr. Case, Mr. Clark, 2d, .Air. Colden, Mr. Crittendon. Mr. Duer, Mr. Earll, Mr. Ferris. Mr. Fosdick, Mr. Greenly, Mr. Groesbeeck, Mr. Hart, Mr. Hathaway, Mr. Hilton, Mr. Hofihagle, Mr. Hoyt, Mr. Howell, Mr. Huntington. Mr. Isaacs, Mr. Jackson, Mr. Johnson, Mr. Judson, Mr. Kellogg, Mr. Kirkland, 31r. Lawrence, Mr. M'Call, Mr. M'Garragh, Mr. M'Lean, Air. Matteson, Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Air. Mr. Mr. Mr. Air. Air. Mr. Air. Air. Mr. Mr. Mr. Mr. Mr. Air. Rosecrauts, James Sackett. Jehial Sackett. Sargent, Schermerhonu Selby, Sharpe, Shew, M. Smith, S. Smith, J. Smith, Southerland, Speaker, Staples, Stimpson. Taber, Throop. Tripp, Turner, Ulslioefier, Van Cleef, Van Vleck. Vrooman, Waite, Wheeler, Williams, Woodruff, 1318. XXIII. Extracts from the " act for incorporating the Chitteningo canal company" passed March 0, 1818. XL And be it farther enacted, That the legislature may dis- Compaor to solve the said corporation when the income arising from the said toll shall have fully compensated the said corporation for all mo- nies they may have expended in making, repairing and taking care of the said canal, together with an interest of fourteen per cent, per annum, and thereupon the right, interest and property of the said canal shall be vested in the people of this state. XJL And he it further enacted y That unless the said president c. 1S18. the middle section of the great western canal is finished, the pow- v ' ers, rights and privileges hereby granted shall cease, and the said corporation shall be dissolved. fere°Uth nt the XIIL And be if further enacted, That the said canal shall not great canal, be so constructed as to prevent the commissioners of the great western canal from taking and using the waters of the Chitte- ningo creek aforesaid, or any part thereof, to supply the said great canal : And further, that the said commissioners of the great canal shall have liberty at any time, when they may deem it necessary for the use of said great canal, to conduct the waters of said creek in, along and through the canal and locks to be erected by virtue of this act into the said great canal. Outlet from XV. And be it further enacted, That the said president and the creek to be f . t ,1 . kept in repair, directors shall, at their own expense, construct and at all times keep in repair, at the place where they first take the waters of said creek for the use of their canal, good and sufficient means of preventing any such quantity of water from entering the same as might in any way prove injurious to the great western canal, and they shall excavate and constantly keep in repair at the place where their canal connects with the great western canal, a basin of such dimensions as to admit any boats used in either of the said canals to turn around conveniently without encroaching at all on the great western canal. Certificate. XVI. And be it further enacted, That before it shall be lawful for the said president and directors to demand and receive any toll as aforesaid, they shall obtain a certificate from the canal commissioners that all the requisitions except those relating to repairs of the next preceding section of this act, are complied with. # An act relative to the Harbor of Buffalo creek, in the county of Niagara. Passed April 10, 1818. Be it enacted by the People of the state of New- York, repre- sented in Senate and Assembly, That the person administering the government of this state, be and he is hereby authorized to appoint some fit and proper person, whose duty it shall be to examine the outlet of Buffalo creek, and cause a survey and plan to be made of such improvement as he may think fit and proper CANAL LAWS, &c. 389 for the improvement of the said outlet, so as to form u sate and 1818. commodious harbor for vessels navigating Lake Erie, together v v f with an estimate of the probable expense, and that he report the same to the next legislature ; for which services he shall be paid three dollars per day for each and ever} day necessarily employ- ed in the same ; and the supervisors of the county of Niagara are hereby authorised and required to audit and allow the same, and cause it to be levied, collected and paid as the other contin- gent expenses of the county are levied, collected and paid. I AN ACT to improve the funds and to provide for the redemption of the funded debt of this state. Passed April 21, 1818. | I. Be it enacted by the people of the state of New-York, repre- sented in senate and assembly, That it shall be the duty of the SfTSSSj's* comptroller of this state, with the consent and approbation of the JfSieU^slaS person administering the government thereof, to sell and transfer j^^/PP 1 ^ the three per cent, stock of the funded debt of the Lmited States, owned by the people of this state, and to apply the proceeds to the reduction of the funded debt of this state, bearing seven per cent, interest. II. And be it further enacted, That it shall be lawful for the, To borrow J 9 1,000 000 dol- ' comptroller to borrow on the credit of this state, a sum or sumsiars at 6 per not exceeding in the whole one million of dollars, at a rate of in- terest not exceeding six per centum per annum, payable quarter yearly, and for this purpose, at his discretion, to open subscrip- Toopensub- tions for said loan, or to receive sealed proposals therefor, or for SS'foS'or rc- any part thereof, giving due notice of such subscriptions being p^JJj^ opened, or of proposals to be received, in at least three of the public newspapers published in the city of New-York, and in at least one of those published in the city of Albany ; and the sub- scriptions, offers, or proposals of holders of the present funded Certain hold- debt of the state, shall have a preference over the subscriptions or nave° prefcr- t0 proposals of others, to the extent of the sums now held by them cac0 ' of state stocks, by this act proposed to be paid : Provided, That nothing herein contained shall be construed to give them a pre- ference over the subscriptions or proposals of others, which may be more advantageous to the state, and with the monies so loan- ed, and the unappropriated monies which maybe in the treasury, the comptroller shall discharge the residue of the funded debt of this state. Proviso. 390 CANAL LAWS, &e. 1818. ill. Jlndbeit further enacted, That the person administering *" v ■ the government of this state, be and he is hereby authorised to Gov. to ap- . . . point a cashier appoint the cashier of one of the banks in the city of New-York, YorkTo* is ue whose duty it shall be under his hand and an appropriate seal, stock. 0315 ° l t0 * ssue cert ^ ica tes of stock to the subscribers or contractors for said loan, for the amounts to which they shall be respectively en- Deciared titled : and the said stock shall be transferable only at the office transferable. of the person so to be appointed, agreeably to the rules which Substance of mav De prescribed bv the comptroller : and such certificates shall certificates. . purport in substance as follows ; that the people of the state of New-York, owe to the person or body corporate to be named therein, the sum therein expressed, bearing an interest at the rate of six per centum per annum, payable quarter yearly, on the first days of the months of January, April, July and October, and the deemable until principal to be irredeemable until the first day of January, in the 1823. vear one thousand eight hundred and twenty-three ; and it shall also be the duty of the persons to be appointed, to enter in pro- per books to be provided for the purpose, credits to the respec- tive holders of stock, for the sums to which they will be respec- tive^ entitled, to transfer the said credits or any part thereof, from time to time as shall be requisite, and to furnish such bank in the city of New-York quarter yearly, at least three days before List of stock- the said first days of January, April, July and October, with a list holders. G f the stockholders resident in the southern district of this state, and out of the state, shewing the sums which they may respec- tively be entitled to receive on the said first days of January, April, July and October, for interest, and to furnish the comp- troller a like list of the stockholders resident in the middle, eas- tern and western districts of this state, shewing the sums that they may be respectively entitled to for interest, and no transfers shall be made during the last fourteen days of each quarter, interest on the IV. And be it further enacted, That the interest on the said stock how pay- stoc j^ ^ e tQ ^ stockholders respectively, in the man- ner in which the same hath heretofore been paid, under the act entitled " an act to create a public and transferable stock, and to lay and collect additional taxes for the use of this state." Banks may V. And be it further enacted, That it shall be lawful for any !tork. bank within this state, to subscribe to the loan directed to be open- ed as aforesaid, and from time to time to sell and dispose of any stock created in pursuance of this act, and held by such bank. CANAL LAWS, fcc. any clause, matter or thing in the act incorporating the same not- 1817. withstanding. v — -~v 1 VI. And be it further enacted, That at any time within five . T , hc 9tate Wl11 » J in five years at- years after the said first day of January, in the year one thous-ter 1823, and and eight hundred and twenty-three, this state will upon the re- any ttockhold- quest of the holder of any stock created pursuant to this act, re- stoJk^ 61 " h ' S deem the same, and that the whole of the said stock shall at all events be redeemed at the expiration of the said five years. VII. And be it further enacted, That in case the present stock £ ,a *, of ° n y J ' 1 mill on the del - debt of this state shall be discharged as contemplated by this lar, when and r »n 1111 e* 1 1 • r 1 how to be rais- act, a tax ot one mill upon each dollar of the valuation ol thced. real and personal estates within this state, shall be annually, for two years, raised, levied and collected in the manner directed in and by the act, entitled " an act authorizing the levying and col- lecting an annual tax for two years, for the use of this state, and to amend the act for the assessment and collection of taxes," passed the 24th October, 1814. VIII. Andbe it further enacted, That the time for the payment Timed pay- of the debt due from the bank of New-York to this state, be and gf£ jgj the same is hereby extended to the said first day of January, in v ew h Y ork \\ the year one thousand eight hundred and twenty-three, upon tended, condition that the interest shall be regularly paid thereon, quar- ter yearly, and the balance which may then be due from the said how Mwropri- bank, or so much thereof as may be necessary, together with four ated ' hundred thousand acres of the unappropriated lands of this state, are hereby appropriated and pledged for the redemption of th<' principal of the stock created by this act : Provided nevertheless, p r0 vi?o. that the state reserve to itself the right of providing other ade- quate funds in lieu of those hereby pledged. IX. And be it furthtr enacted, That it shall be the duty of the Comptralfc i comptroller, from time to time, whenever there shall be any un- ["rnpnated' 31 appropriated money in the treasury, to apply the same to the "J^^.^"^ purchase of the stock, created pursuant to this act, if the same can &c - be had at or below the par or nominal value, and if not, then to apply such money to the reduction of the debt due to the bank of New-York. X. And be it further enacted, That it shall be the duty of the L Todi * h ?E J 1 J the stock debt comptroller of this state, from time to time, after the said first within a cer- , . ,.11111 tain p or »° { '- day of January, in the year one thousand eight hundred and twenty-three, with the funds provided for the purpose, and with any unappropriated monip- which may ho in the treasu- 392 CANAL LAWS, &c. 1818. ry, to discharge the stock debt which may be created pursuant v^-v^w/ to this act, as soon as practicable. iJKSrtS XI. And be it further enacted, That the comptroller be and tionarv, how he is hereby authorized to draw his warrants on the treasurer, for paid ior. •* the payment of the expense of the certificates of stock, to be issued pursuant to this act, and for the expense of necessary books and stationary, to be used for the transfer of state stocks. Certain pow- xil. And be it further enacted, That the powers and duties of rtrs and duties *> r of the person the person to be appointed as aforesaid, for issuing certificates of stock extended stock, and for attending to and keeping the accounts of the Apr!n5, C i8i7. transfers thereof, shall also extend to the stock created or to be created pursuant to the act, entitled " an act respecting naviga- ble communications between the great western and northern lakes and the Atlantic ocean," passed the 15th April, 1817. mms aX on° f the W ° XIII. And be it further enacted, That in case the present stock dollar when to debt of this state shall be discharged as contemplated by this act, that the tax of two mills on the dollar of the valuations of the real and personal estates within this state, directed to be an- nually raised in and by the act, entitled " an act to create a pub- lic and transferable stock, and to lay and collect additional taxes for the use of this state," shall cease and be discontinued. a list of XIV. And be it further enacted, That the person so as aforesaid be furnished to be appointed to issue certificates of stock, shall annually on the comptroller. ^ January, or as soon thereafter as may be, transmit by mail to the comptroller a list of the stockholders, shewing the sums held by them respectively of said stock. Comptroller XV. And be it further enacted, That it shall be lawful for the bX^toekf * comptroller, by and with the advice of the governor, from time to time to dispose of any of the bank stock owned by the people of this state, and with the proceeds of the sales thereof, to purchase the stock created by this act, or to apply the same to the payment of the loans obtained from the bank of New-York, in the same manner that he is directed to apply the surplus or unappropri- ated monies in the treasury, may' bf made XVL And be {i father enacted, That if any bank in the city in such bank f New- York shall make the loan of one million of dollars con- m New-York as may loan templated by this act, on terms which shall be more advantageous 1,000.000 doi- ; i . , • i i • i i . lars to the to the state than it can otherwise be obtained, on condition that a part or the whole of the treasury deposits collected in the city oi New-York shall be transferred to such bank, it shall be lawful for the comptroller, with the advice of the governor, to direct ihe said deposits to be made in such bpnfc. state. CANAL LAWS, kc. 393 XXIV. Extract from the Governor's Speech to the Legislature in 1S19. The progress of our internal improvements lias equalled our ( < overn6r most sanguine expectations. In the course of the next season, De Witt CHn- the Northern Canal, extending from Whitehall, at the head of Specch ' Lake Champlain, to Fort Edward, on the Hudson river, a dis- tance of twenty-three miles, and the whole of the middle sec- tion of the Western Canal, comprising ninety-four miles, and reaching from the Seneca river to the Mohawk river, at Utica, will be completed and in a navigable state. Thus, in less than two and a half years, canals to the extent of one hundred and seventeen miles will be perfected : and as the eastern and west- cm sections of the canal from Lake Erie to Hudson river will be about two hundred and sixty miles, it is evident that, by the application of similar mean?, and the exertion of similar pow- ers, the whole of this internal navigation can be finished in six years from the present period, including also the improvements essential on Hudson river, from Fort Edward to the head of sloop navigation. It is satisfactory also to know, that so far as we can judge from the lights of experience, the actual expenses have not exceeded the estimates of the commissioners : and with all the advantages arising from increased knowledge, from improved skill, and from circumspect experience, we are firmly persuaded that the aggregate expense will fall short of the total estimate. It is also a most gratifying consideration to find, that from the progressive and flourishing state of the fund appropria- ted to this object, the whole undertaking can be completed with- out providing any auxiliary resources, and without imposing any taxes on the community. From the commencement of the next year, the finished portions of the canals will be in a state pro- ductive of considerable revenue. By the act respecting navigable communications between the great western and northern lakes and the Atlantic ocean, passed the 15th April, 1817, the commissioners are only empowered to make canals between the Mohawk and Seneca rivers, and be- tween Lake Champlain and the Hudson river. Possessing, how- ever, under that act and the act to provide for the improvement 3f the internal navigation of the state, passed the 17th ApriL 1816, authority to make the necessary surveys, and to Iny oul CANAL LAWS, fee. 1819. the proper routes for the whole of the Western and Northern Ca- v ' nals, they have not overlooked the latter, although their attention has been principally devoted to the former object. By that in> atory arrangement, it was obviously the intention of the legisla- ture to bring the calculations of the commissioners to the touch- stone of experiment, and to determine whether the resources of the state are inadequate to the whole operation. This trial has taken place in the most satisfactory manner, and there cannot ex- ist a doubt of the feasibility of the work or of the ability ol* the state. It is, therefore, highly expedient that a law should be passed, during the present session, authorizing the completion of the whole work as soon as possible. In the course of this year, the routes can be then so far definitively settled as to enable the formation of contracts to take effect in the spring of 1S20, by w hich means a whole year will be saved to the operation, and the state will have the benefit of experienced contractors, who might, under a different state of things, be employed in other underta- kings. And, when we contemplate the immense benefits which will be derived from the consequent promotion of agriculture, manufactures and commerce — from the aquisition of revenue — from the establishment of character, and from the consolidation of the federal union, we must feel ourselves impelled, by the most commanding motives, to proceed in our honourable career, by perfecting with all possible expedition this inland navigation. * At the present period, a ton of commodities can be conveyed from Buffalo to Albany, by land, for one hundred dollars, and to Montreal, principally by water, for twenty-five. Hence it is ob- vious, that the whole of the vast region to the west of that flour- ishing village, and the greater part of the extensive and fertile country east of it, are prevented from sending their productions to our commercial emporium, and that they must either resort to the precarious markets of Canada, or to places more distant, less accessible, or less advantageous. When the great western canal is finished, the expense of transportaion from Buffalo to Albany will not exceed ten dollars a ton. Almost the whole of the ascending trade of the west will be derived from the city of New-York, and a great portion of the descending products will accumulate in that important depot. If half a million of tons are, at the present period, transported on the waters of the Hud- son river, it is reasonable to suppose that the time is not distant when the commodities conveyed on the canals will be equal in CANAL LAWS, lie: 8 amount. A small transit duty will consequently produce an im- 1810. mense income, applicable to the speedy extinguishment of the v v — debt contracted for the canals, and to the prosecution of other im- portant improvements. In these works, then, we behold the op- eration of a powerful engine of finance, and of a prolific source of revenue. • It is certainly more important that the productive classes of society should have good markets out of the state, than that they ,should be exclusively confined to indifferent or fluctuating mar- kets in it. In the former case, wealth is diffused over the whole country, while in the latter, it is limited to a few great towns. — A wise government ought to encourage communications with those places, where the farmer and manufacturer can sell at the highest, and buy at the lowest price. And, as the acquisition of many markets increases the chances of good ones, and diminish- es, in many instances, the expenses of transportation, and guards against the pernicious fluctuations of price, I look forward with pleasure to the speedy arrival of the time, when the state will be able to improve the navigation of the Susquehannah, the Alle- gany, the Genesee and the St. Lawrence — to assist in connecting the waters of the great lakes and of the Mississippi — to form a junction between the western canal and lake Ontario, by the Os- !*vego river, and to promote the laudable intention of Pennsylva- nia to unite the Seneca lake with the head-waters of the Susque- jiannah. But there are other and more important considerations con- nected with this subject, which enter into the very essence of our liberty and prosperity. The gloomy and comfortless doctrine, which supposes man incapable of free government, necessarily im- plies that he must be subject to a bad one, because it presupposes his utter incompetence to govern either others or himself. In hered- itary and elective monarchies, and indeed in all governments not founded on the broad basis of equal representation, the actual ruler is the prime minister of the day, elected from time to time, l)y the prince, to govern the country. Whether this right of choosing be vested in an hereditary elector, or in an elector for life, appointed by a diet or a conclave, or in an elector chosen by an army of Janisaries, it is clear that it is a faint recognition of the representative principle, transferred from the body of the peo- ple to an irresponsible individual, totally unfit, from his situation and education, to exercise it with patriotism and intelligence. — CANAL LAWS, &r. 1819. Who then can doubt the superior excellence of a free govern- — v ^ rnent, its entire accordance with the dignity of man, and its al- most exclusive devotedness to his happiness ? But in the United States our liberty and otir union are inseparably connected. — i A dismemberment of the republic into separate confederacies, would necessarily produce the jealous circumspection and hos- tile preparations of bordering states : large standing armies would be immediately raised ; unceasing and vindictive wars would follow, and a military despotism would reign triumphant on the ruins of civil liberty. A dissolution of the union may, therefore, be considered the natural death of our free government. And to avert this awful calamity, all local prejudices and geo- graphical distinctions should be discarded, the people should be habituated to frequent intercourse and beneficial inter-communi- cation, and the whole republic ought to be bound together by the golden ties of commerce and the adamantine chains of inter- est. When the western canal is finished, and a communication is formed between lake Michigan and the Illinois river, or between the Ohio and the waters of lake Erie, the greater part of the United States will form one vast island, susceptible of circum- navigation to the extent of many thousand miles. The most dis- tant parts of the confederacy will then be in a state of approxi- mation, and the distinctions of Eastern and Western, of South- ern and Northern interests will be entirely prostrated. To be instrumental in producing so much good, by increasing the stock of human happiness, — by establishing the perpetuity of free government, — and, by extending the empire of improvement, of knowledge, of refinement and of religion, is an ambi- tion worthy of a free people. The most exalted reputation is that which arises from the dispensation of happiness to our fel- low creatures, and that conduct is most acceptable to God which is most beneficial to man. Character is as important to states as to individuals, and the glory of a republic founded on the promotion of the general good, is the common property of all it? citizens. CANAL LAWS, fee. <397 _ , 1S19. Extracts from the answer of the Assembly to the Governor's speech in 1819. In Assembly, January 18, 1819. Mr. J. V. N. Yates, from the committee appointed to prepare answer to the Governor's speech, reported such answer, om which the two following paragraphs are extracts. c " The utility and importance of internal improvements, to a ople who study and pursue their true interests, are too evident an ar to be controverted. Tn every enlightened country, they have Governor's been considered as inseparably connected with its freedom and 3 P cech - prosperity. Agriculture, indeed, in a country like our* own, ranks deservedly high, and ought to receive correspondent en- couragement. But, to attain tiiis end, it is evident, that every facility should be given to the farmer, in the transportation to market and the sale of his produce. The channels, therefore, for this purpose, should be numerous, free, and unobstructed. Hence roads, turnpikes, rivers and canals, like arteries in the human body, distribute vitality and vigor, and impart health and animation, to the whole system. The benefits resulting from an extended inland navigation, ccessfully conducted, are incalculably great. Whether they re considered in a moral, political, commercial or agricultural point of view, they are alike essential to our national character and glory. We rejoice, therefore, to learn, that those great works, begun and continued under the most favorable auspices, promise to realise our warmest expectations ; and, it will be an object of the first importance, to hasten their complete execution by every suitable means consistent with the ability of the state. It is certainly most satisfactory to be assured by your Excellen- cy, that as far as can be reasonably ascertained, the completion of the contemplated canals, from lake Erie to the Hudson river, and between lake Champlain and the same river, including the improvements from Fort Edward to the head of sloop naviga- tion, will require no additional taxes to be imposed on our citi- zens ; and, that the expense w ill not exceed the estimates hereto- fore made. If, indeed, success shall attend these undertakings, (and which with the information before us we cannot reasonably doubt,) who can predict the advantages which will be derived (ANAL LAWS, &c. from projects so bold in their conception — so extensive in their influence — so beneficial in their effects, and so stupendous in their object ! Future generations may, perhaps, form some es- timate of their value, and prize them among the noblest monu- ments of human skill and perseverance ; and, when the fugitive scenes of the present times shall have long since perished in obli- vion, these works will remain to declare the glory of our coun- try, and to pronounce the best eulogium upon the memory of their founders and patrons." Extract from the answer of the Senaie to the Governor's speech, in 1819. In Senate, January 13, 1819. Mr. Henry Yates, Jr. from the committee appointed to pre- pare an answer to the governor's speech, reported such answer, [the following are extracts.] Answer to " Fully sensible of the great and important results which must Governor's J . . ° . . * .. speech. be produced by cherishing the spirit for promoting internal im- provements, which at present pervades our country, they feel a peculiar satisfaction in noticing the favourable state of the ope- rations on the northern and western canals ; and whatever pro- visions may be requisite to continue this great and important work, shall receive their earliest attention. "Viewing agricultural improvements as of primary importance, the Senate will not fail to consider that subject with the greatest solicitude. The subject of internal improvement, as before no- ticed, is so intimately connected with the prosperity of agricul- ture, that the consideration of the one necessarily leads to re- flection on the other." XXV. In Assembly, January 25, 1819. A communication from the Canal Commissioners, was read, in the words following, to wit : To the Legislature of the State of Kew-Yorlc. In obedience to the act, entitled, " an act respecting navigable Peport of Ca- . » t. pc nai commis- communications between the erreat western and northern ;afte* CANAL LAWS, &c. 399 id the Atlantic ocean," passed April 15th, 1817, the Canal 1819. ommissioners most respectfully report : ^ In relation to the Erie canal : — That, after a winter of unusual severity, followed by exces- sive rains in the spring, they had the satisfaction to find, when they commenced their operations for the last season, that those parts of the canal line which had been finished, or nearly so, by * ' the labors of the preceding year, had suffered very little ; so that their apprehensions of injury to the, banks of the canal, from the breaking up of winter, under the most unfavorable circum- stances, are considerably diminished. Between the jftohawk and Seneca rivers, a great portion of Sfr:illi , j; I the canal line passes through swamps and marshes, or along their marsbes » &c * southern margin. And this location, though it will eventually prove of great importance, in reclaiming large tracts of the richest bottom-lands, by intercepting the waters which have here- f tofore inundated them, was yet attended with the serious disad- . vantage, last spring, of enabling the weather to prevent the con- tractors from prosecuting their work, with any success, to a late period. Actuated by a laudable determination, to omit no means I in their power, of a punctual compliance with their engagements, several of the contractors had continued to labor on their jobs all winter; and by their experience, it is sufficiently ascertained, I that in deep cuttings, in embankments, and where the ground is I constantly watered by warm springs, or so covered by vegetable matter as to protect it, in a great measure, from freezing, such labors may be carried on profitably during the coldest months of the year. From motives of economy, and because most of Road?, the roads by which the route of the canal is intersected, between Utica and Salina, are nearly impassable in the summer season, many of the contractors had purchased, in advance, large stores of subsistence for their men and cattle, and transported them to the proper places on the canal line, by sleighing. But this wise and prudent measure w f as rendered almost unavailing, as to auv advance of the work, by uncontrollable events. The surface of the earth was beaten and drenched by heavy and frequent rains, % om the melting of the snow, till nearly the first of June. Du- ring a great part of this time, the stores of the contractors were de- ceasing, and their expenses were accumulating, while their vork was at a stand. The effects of this state of things were ■quail y detrimental and disheartening. T>«t*. with fhr com- 400 CANAL LAWS, he. Borne Uvel 1819. mencement of the summer, the weather became favorable, and since thet period, the canal business, in all its branches, has ad- vanced with economy and rapidity. The same causes which obstructed the efforts of the contrac- tors, retarded those of the engineers. In the course of the fall of 1817, the country west of the termination of the Rome level, had been examined in several directions, to a considerable ex- tent, in order to discover, if practicable, some means of obvi- ating the great expense oi the Salina embankments, and the se- rious hazards, as well as much greater expense, of the deep cut- ting through the marl meadow, in the town of pamillus. From these examinations, there resulted a deep impression of the diffi- culties presented at these places, especially at the latter. When the canal line was run though the marl meadow, in 1816, the sea- son had been uncommonly dry ; and, though a deep cutting, three miles in length, through light, soft and porous materials, gradually swelling to fifteen feet in the centre, above the bottom of the canal, could never be regarded without solicitude ; the ap- pearance of this, upon every subsequent inspection, has been more formidable and repulsive. When the past season, however, had so far advanced as to admit of a renewal of these examinations, they were more extensively pursued, and at length, the acting commissioner, upon whom was cast the responsibility of settling the line in that part of the route, in full accordance with the con- viction of the engineer of the middle section, and his assistants, determined, that two alterations from the line of 1816, were ex- pedient. These alterations were not adopted, without a careful ascertainment and collation of facts and circumstances, which, upon much deliberation, were deemed decisive by thera. The first of the alterations consists of sinking the canal-line, Canal line across the Salina plains, six feet lower than had been at first proposed. This alteration requires the construction of an addi- tional lock of six feet lift, on each side of these plains ; but, by affording sufficient excavation, in the canal, for the formation of the adjacent banks, it altogether supersedes the necessity of em- bankment, for about a mile and a half ; and where embank- ment is still requisite, its height is materially diminished. The same diminution is also obtained in the height of an archecf bridge, and the largest stone aqueduct to be erected between Utica and the Seneca river. This alteration was recommended, < hieflv, by the foUowinqr reasons t across Salina. CANAL LAWS, fcc. 401 1st. It produced a saving in expense, estimated at seventeen 1819. lousand dollars. This estimate does not include damages to — ic lands, through which the canal-line is laid, which would pro- alteration, ably have been claimed, to a large amount, for the half mile djpining Onondaga creek on the east, in case the original plan xd been pursued. The land, along the half mile referred to, id been laid into village lots, upon which the owners set a high llue ; and one tier of these lots, on each side of the canal, ust have been dug over and defaced, in order to obtain the irtb necessary for the embankment. 2d. It renders the canal more secure. Embankments are, in eneral, more liable to accidents than other parts of a canal; id whenever breaches are effected in them, the usual conse- jences are more injurious. 3d. It will facilitate the construction of a side cut to connect ,ie main canal with the salt works, at the village of Salina, y approaching nearer to a level with those works, in that part of ie line to which they are most contiguous. 4th. It will promote the convenience of all those people, who, om the fertile country on both sides of the canal, shall hereafter ive occasion to communicate therewith, on the Salina plains, hese plains, for the most part, consist of a dry, coarse gravel, ixed, to the depth of three or four feet, with sand and loam, id constitute, from the nature of their soil, as well as from leir local situation, an excellent site for business. There is ttle doubt but they will soon become the scene of extensive ealings. The second alteration consists, in the establishment of a new 2d alteration, immit level, extending from the Nine-Mile creek to the Skene- eles out-let, a distance of between eleven and twelve miles, and ivolvlng the construction of two additional locks, of eleven et lift each, but relieving the line from all the difficulties of the arl meadow. There are three unfailing and pure streams natu- illy flowing across this level, either of which, at this period of >nsiderable drought, affords water enough for its supply : but, , collectively, they should hereafter prove deficient, the two co- 3us creeks, -which bound the level, may be easily conducted 'to it. Having satisfactory assurance of this essential fact, this teration was adopted. f& 1st. Because it produces a saving in expense, estimated at^.^^. ventv-five thousand dollars, without takincr into the account 4 r 51 CANAL LAWS, he. the charge of lining both banks, for the purpose of sustaining them, with solid earth, brought from a great distance, an opera- ration, which the character of the marl meadow would undoubt- edly have rendered necessary, to a large extent, if the primary designations of the canal line had been adhered to. 2d. Because, at the Nine-Mile creek, it admits of the substi- tution of stone arches, in the aqueduct, instead of a wood trunk; and at the Skeneateles, of an entire stone aqueduct, in place of a dam with guard locks. At both of these places, excellent stone are contracted for, at reasonable prices. 3. Because, it carries the canal-line father south, and nearer to the populous and productive settlements of the western part of Onondaga county. 4th. Because, it was very mueh feared, that the completion of the canal, upon the old plan, could not be effected, so as to ren- der it navigable, as soon as it might be, upon the new, by at least one year. This would have been discouraging to the public spirit, by which this great enterprize is supported, and a serious delay of the profitable returns, which may be expected, when- ever the communication between the Mohawk and Seneca rivers, is all the way opened. And the reasonableness of such a fear is manifested by the following considerations : The marl meadow is a swamp without any outlet, except at its eastern and western extremities ; and as it contains great quantities of water, pro- ceeding from Hand's brook, and numerous springs which run into it, the only possible mode of excavating the canal through it, would be, to begin by opening a wide drain at each end, be- low the bottom of the canal, and prosecuting the work from these points towards the centre, taking especial care, as advances should be made, to keep these drains free from all obstructions. The common mode of executing a heavy job of this kind, b> stationing numerous parties of labourers upon it, at short dis- tances from each other, could not be adopted here : for beside: the difficulty of transporting every barrow of earth a great way upon a soft and wet surface, all such parties, except one at eacl end, would soon find themselves at work in a pond, in which tin depth of water would increase in the same ratio with that of th< excavation. No cattle or horses could be employed ; and as th< parties, at both ends, could not advantageously include mor< than seventy or eighty hands, it is evident, that so great a labor rvon without the occurrence n f any untoward events, would rr CANAL LAWS, fee. [uire the application of all practical exertions, during several 1819. 'ears, for its accomplishment. But it must be acknowledged, v y hat the depth of the cutting, the weight of the spoil-banks, the juantity of water with which the swamp is filled, and the nature if the earth, which is ascertained, by frequent borings, to be hielly vegetable matter, marl, and sand, are circumstances con- iceted with the old plan, calculated to render untoward event-, tffecting both the cost and time within which the canal could be constructed, and its security, afterwards extremely probable. 5th. Because there is no part of the Middle Section, of the ame length, where the whole expense of opening the naviga- ■ion will be less than that of the new summit, between the ocks. , From the Skeneatcles outlet to the Seneca river, the survey ft??**!? 1 * J outlet to bene- ind location of the canal-line was easy : and this last portion of ca riv<*— coq- trustors &c. t was finally completed by the middle of July. The whole was udiciously divided into short section?, and perspicuously cx- libited in maps, profiles and descriptions, which are herewith presented. i The avidity with which great numbers of wealthy and respect- ible citizens sought contracts, w as highly gratifying, and aflbrd- ?d a sure pledge of the energy which has since been displayed in :heir execution. Many applications, for every section, were ilways made immediately after, and often before, the returns of the engineer had been received, so as to render it proper to let them out. A very few of the contractors are foreigners, who have recently arrived in this country ; but far the greatest part ;of them are native farmers, mechanics, merchants and professional ,men, residing in the vicinity of the line ; and three-fourths of all the labourers were born among us. p Within a few days after the survey had been extended to the...... west end of the middle section, the whole w as taken up, except contracts, a few short places necessarily left, where structures of wood and stone were to be erected. But as it requires two or three w eeks after a section is agreed for, to construct tools, collect provisions, hire hands, purchase teams, and provide the necessary shelter, it was not till about the tenth of August, that the whole line be- came a scene of the most animated and laborious exertions. From that time to the tenth of December, between two and three thous- and men, with half as many horses and cattle, and a considerable variety of mechamrnl inventions* have been unremittingly em- 404 CANAL LAWS, &c. 1819. ployed upon it : And the diligence, ingenuity, and good judg- s —- v — ' ment, with which these means have been applied, would hardly be credited, if they did not rest upon a testimony impossible to be doubted, that of the effects produced. Grubbing and Machinery has hitherto been used, with most success, in the heavy business of grubbing and clearing. By means of an endless screw, connected with a roller, a cable, a wheel and a crank, one man is able to bring down a tree of the largest size, without any cutting about its roots. For this purpose, these means are all, except the cable, combined in a small but very strong frame of wood and iron. This frame is immoveably fast- ened on the ground, at a distance of perhaps one hundred feet from the foot of the tree, around the trunk of which, fifty or sixty feet up, one end of the cable is secured, the other being connected with the roller. When this is done, the man turns the crank, which successively moves the screw, the wheel and the roller, on which, as the cable winds up, the tree must gradually yield, un- til, at length, it is precipitated by the weight of its top. The force which may be exerted in this way, upon a tree, is irresisti- ble, as with the principle of the wheel and the screw, by the ap- plication of the cable at a point so far from the ground, it unites also that of the lever. There is no grubbing so difficult and expensive, by the com- mon methods, as that of sound, green stumps ; and as our citi- zens, west of Utica, are every day multiplying these evidences of their industry, it was desirable to discover some easier means of eradicating them. Such means have been found ; but the cost of the machinery, in which they partly consist would forbid the use of them in ordinary cases. Two strong wheels, sixteen feet in di- ameter, are made and connected together by a round axle-tree, twenty inches thick and thirty feet long ; between these wheels, and with its spokes inseparably framed into their axle-tree, ano- ther wheel is placed, fourteen feet in diameter, round the rim of which a rope is several times passed, with one end fastened thro' the rim, and with the other end loose, but in such a condition as to produce a revolution of the wheel whenever it is pulled. This apparatus is so moved as to have the stump, on which it is intend- ed to operate, midway between the largest wheels, and nearly un- der the axle-tree ; and these wheels are so braced as to remain steady. A very strong chain is hooked, one end to the body of CANAL LAWS, fee 4 the stump, or its principal root, and the other to the axle-tree. 1819. The power of horses or oxen is then applied to the loose end of N — the rope above mentioned, and as they draw, n rotary motion is communicated, through the smallest wheel, to the axle-tree, on which, as the chain hooked to the stump winds up, the stump it- self is gradually disengaged from the earth in which it grew. After this disengagement is complete, the braces are taken from the large wheels, which then afford the means of removing that stump out of the way. as well as of transporting the apparatus where it may be ?narle to hear on another. The expense of the wheels, axle tree, chain and rope, is about two hundred and fifty dollars ; and with them, in this way, seven hands and a pair of horses, can grub from thirty to forty large stumps in a day. A few stumps have been found to require the strength of four hor- ses. The gain of power by this machinery, is somewhat more than eight-fold, with very little loss by friction. I Great obstruction to the excavation has been offered by the ^ Obstruc small roots and fibres which overspread the surface, and every :where penetrate the top soil of timbered land. A plough has Pk>ume severe, were verv anxious, while the water* were low. to 408 C ANAL LAWS, Sec. 1819. obtain all the information required, in order to the proper con* * v ' nexion of the line with the Seneca river, on the east, which could not be ascertained without first knowing the proper continuation of it, from that point westerly, whenever that shall be authori- zed. Of these services, accurate and full returns have been made, in descriptions, maps and profiles. And the Commis- sioners were moit agreeably disappointed, on inspecting them, as well as on personal examination upon the spot, by two of their number, in company with the principal engineer, to find, that the Cayuga marshes, and the swamps beyond, will admit the cana! to be constructed through them at less than the average rate of expense. Mr. Roberts. j\j r# Roberts had been employed as surveyor, throughout the Middl Section, in the year 1 SI 6 ; and understanding the diffi- culties and facilities of the line then run, he has, the last year, conducted the operation of levelling and designating the canal- line, as it is actually established, most of the way from Salina to the Seneca river. And with the aid of the principal engineer, who often visited, communicated with, and advised him, especially at ail the important points, the line is laid out in the manner and direction most approved. Mr. B.W right. The department of principal engineer, for the Middle Section, is still tilled by Benjamin Wright, Esquire, to whom all the assist- ants are subordinate and accountable ; and who, besides inspect- ing the whole line as often as possible, has devoted his time, to a minute examination of all the most difficult places ; to contriving modes and giving directions best adapted for subduing these dif- ficulties ; to forming plans and executing drafts, of all the more artificial works ; to computing, from time to time, as jobs have been successively completed, the number of cubic yards of exca- vation and embankment performed upon them; and to estimating", determining and certifying the value of extra labor, of every spe- cies necessarily done upon any of the sections. These duties have expanded into an immense multiplicity of detail : They have been delicate, arduous and fatiguing : But the} 7 have been dis- charged by Mr. Wright with such practical knowledge, industry, equity and discretion, as to deserve the praise of the state, while they have produced no complaint from the contractors. Several other agents have been appointed, for the transaction of business, which could not safely or conveniently have been done without them. CAiNAL LAWS, One has had the care of making and using machines for piling, 1819. and of digging out and preparing the foundations of the stone 1 v ' culverts and aqueducts. This last being a business so liable to contingencies, and so necessary to be conducted with a faithful adaptation to circumstances, which could not be known until it was in progress, that it was thought unsafe to have it done by ?ontract. | Another has been employed in making a large number of igreements, for piles, for timber, for plank, for sand, for lime, md for fencing the canal ; and in obtaining cessions to the state if the lands through which it passes. Another was charged to explore the country within areasona- )le distance of the canal, for stone, previously to any undertaking, or the delivery of that article, in order that we might surely un- lerstand where the best quarries were situated, and also be able o purchase the stone without being subject to exorbitant de- nands. This agency was afterwards continued, for the purpose >f inspecting and rough hewing the stone, as they were quarried. Another, who had formerly been familiar with canals ' i Im- ,;land, and who assisted in the construction of that at Rome, was Dtrusted with placing and securing the iron culverts, and with arrying into effect the process of puddling around several of the tone works. . Having seen the locks at Waterloo, and the other improvc- lents, adapted to facilitate the navigation of the Seneca river round its falls ; and requiring more aid than we had provided yt the superintei deuce of works, of a nature allied to those, we ngaged the services of Marshall Lewis, Esq. under whose di- M - . action those improvements had been made. He has been oceu- ied chiefly with the foundations, at the Limestone, the Butter- ut, and the Oneida creeks, which are completed ; and with those f the Skeneateles, and Owasco outlets, which are now advancing, 'he mechanical skill of Mr. Lewis, arising from much native lgenuity, and long experience, applied, particularly, to canals iid hydraulic structures, has afforded us many advantages. The general direction and regulation, of all these departments ^action, constitutes no light charge ; but it does not limit the sponsibilities of the Commissioners along the line. It has, toreover, been their duty, to negotiate all the important agree- ents, and reduce them to writing, with the necessary specific a- on of the manner of (heir execution, in all their variety of par- 52 410 CANAL LAWS, &c. 1819. ticulars. In concluding these agreements, they have regarded it v ' as essential, to give such prices as would induce men of enter- prize, resource and perseverance, to engage with them, and, at the same time, enable them to win, for the canal, more univer« sally, the favor of the Legislature, by the frugality of their ex- penditures. To effect this, they have labored earnestly, to un- derstand the true nature, and the real value, of every item, both of material, and of service, entering into the subject matter of their agreements ; and to impart, to all applicants for contracts, every information in their power. When contracts were made, in order to insure the greatest economy of execution, advances of money have always been offered, upon reasonable security ; and though no stipulation, requiring it of them, is contained in any contract, the Commissioners have never failed to pay each contractor, as often as once a month, the amount of his earnings. For this purpose, they have personally gone over the whole line, and estimated the advances of the work, on the several jobs: and while they have thus, by frequent payments, encouraged the con- tractors, and, by undeviating punctuality, exerted a favorable influence, upon all new negotiations, they indulge the belief, that no cases have occurred, in which losses will be sustained, in con- sequence of imprudent disbursements. Among the great number of contractors for the Middle Sec- tion, there are a few persons, who have altogether failed ; and also a few, who have found, although they are still at work, that they have undertaken more than they can perform. Most of these persons were exceedingly injured, by the extraordinary wetness of the last spring and the fall before, and some of them were disabled, by the pressure of pre-existing embarrassments. The unfinished and most difficult parts of their sections, are now all placed in the very best hands, having been taken up by such of the original contractors as had finished, or made greatest ad- vances, on their own jobs. In making canals in Europe, it is generally an object of great solicitude, and much of the expense is incurred, to construct reservoirs, and control waters, enough for their supply : in ma- king ours, we are much more anxious, to divert and waste those, which are superfluous. With a country of, from fifteen to sixty miles wide, stretching its whole length, and abounding with lakes and streams, which all seek their natural discharge by crossing it. no deficiency of water can ever be apprehended. But, t< Cohftact&rs. CANAL LAWS, lie secure our work from injury, by floods and freshets, that will of- ten suddenly collect, from the extensive land-drain, and the abun- dant waters, above alluded to, we have been compelled to make numerous culverts and waste-weirs. The office of a culvert is, to pass waters, not wanted for navigation, under the canal ; that of a waste-weir, to discharge the extra waters, which maybe in it. We have provided for eight large culverts, of stone, and fif- teen smaller ones, of iron : and there are thirteen aqueducts, which necessarily leave capacious water-courses beneath them. Of waste-weirs, there are seventeen, stretching on the north side of the line, in the aggregate, a length of eighteen hundred and sixty feet. The expense of these last, was not included in our original estimates ; for there are besides, eight wood aqueducts ind a dam, occupying together, a length of thirteen hundred ami fifty feet, which perform the same office. An aqueduct is de- signed to carry the waters, to be navigated in a canal, over the rivers, creeks or ravines, which cross its route ; it must, there- fore, be adapted to the proper level, and to the width and depth of the canal. Of these, the whole number between the Mohawk and Seneca, will be thirteen, of which, five are to consist exclu- sively of stone, and eight of wood trunks, resting on stone abutments and piers. The iron culverts are actually laid, and the other works are all under contracts, of which some are execu- ted, and the rest in a rapid course of completion. The tedious and expensive, but essential operation, of preparing and secur- ing, for all of them, a strong and permanent foundation, is three- fourths done. For a minute account of their location and di- mensions, we refer to schedule number two, in the appendix. On the south side of the canal, the ground always rises, in most places gently, but in some abruptly. And, in these eleva- tions, within from one to eight miles of the line, are contained inexhaustible quantities of lime and sand-stone. The wants of the country have not yet required, that many quarries should be extensively opened. But, we found some of an excellent quality that had been. To such we have had reasonable resort : and we have been very fortunate in opening several new ones. The prices we have given, for the purchasing, quarrying, and deliver- ing, of large, thick, solid, durable, and well faced stone, has va- ried from seventy-five cents to one dollar and thirty-seven cents per ton, according to circumstances. We have, in all cases, cho- sen to agree for stone by weight, rather than by the cord or perch, 412 CANAL LAWS, fee. 1819. because it lessens the temptation of contractors, to spoil theirt v— ' for our use, by breaking tfcem up into small pieces, which would make them easier to handle, and increase their measurement. — And the expense of erecting scales and weighing them, is not greater than that of piling them up, into compact heaps, for measuring. yp^Middie There will be nine locks upon the Middle Section, including Section. one at the west end, to facilitate communication with the Sene- ca river, at high and low water. As the locks of a canal are contrived for the purpose of effecting a passage from one eleva- tion to another, they must always be subject, while they are shut to the pressure of a considerable head of water, and while the} are filling and discharging, to theforce of a rapid current : and, as they must be made as small as the nature of the transporta- tion through them will admit, they will be liable to violent im- pingements from heavy loaded boats. With us, they are also exposed to injury by the intense frost of winter. It will be per- ceived, therefore, that, in the construction of them, great care and fidelity are indispensable. The site, which ours will occu- py, is uniformly excellent, consisting of gravel mixed with loam or clay, in such proportions as to render it close, heavy, hard and water-tight. We have let out, the laying and securing of the foundations, the framing and placing of the mitre-cills, and the construction and hanging of the gates of eight of these locks, to a single in- dividual of skill and responsibility, who has heretofore been en- gaged in similar undertakings. The stone-cutting and masonry are more distributed. For the performance of these, we have entered into five agreements, with men, whom we believe to be expert and ^st*worthy y soine ef them, from our own knowledge, and the rest from satisfactory recommendations. The foundations of these eight locks, are to consist of a solid flooring of hewed timber, one foot thick, and covered with well jointed three inch plank, over which, within the chamber, will be laid another flooring, of two inch plank, accurately fitted togeth- er with water joints, and spiked down, so as to prevent leakage : and this foundation is to be strongly suppoited and guarded by piling. The lock walls are to be not less than six feet thick, and to be sustained by several massy butresses, to be laid in water- cement, and thoroughly grouted — to have all the faces, ends, and beds, of each stone, laid in the front of the wall, together CANAL LAWS, In. 413 with the hollow quoins, the lock culverts and the ventilators, 18H*. well cut — and the whole to be sufficiently cramped together with v v ' iron, and coped. The mitre cills and gates are to be of the best construction, and properly fitted, secured, and hung. Haying provided by contract, for all the materials necessary, and the la- bour to be bestowed upon them, in the construction of these locks ; and, having counted the cost, we anticipate their entire completion, for a sum not exceeding a thousand dollars per foot rise. In schedule number three, in the appendix, may be seen further particulars relating to contracts for stone, and for the locks. That portion of the canal line, which we have been authorized pu bf;/rotds to open, is intersected by fifty-two public roads, on which it be- came our duty to erect bridges. For all these we have made provision ; and twenty-one of them are erected. In several in- stances, where the canal has traversed a farm, in such a direc- tion and extent as to forbid the owner to occupy it all, without a bridge, we have paid a reasonable sum for the construction and reparation of such bridge ; and, in consideration of such pay- ment, obtained from the owner a perpetual discharge, for the state, from all further obligation relating thereto. And, to pre- vent these occupation bridges from ever interfering with the nav- igation, a suitable plan for their construction was made, of which a full description was always given to the builder. It may not be improper to state here, that the gentlemen ap- Claim lor pointed, by the supreme court, to appraise damages upon the uamv °*' Middle Section, have examined, decided upon, and certified, the most urgent cases of that kind ; and the whole amount of claims upon us, which they have yet authorized, is sixteen hundred and eighty-six dollars. A list of all the cases decided, with tho amount of damages allowed in each, constitutes number four of die appendix. The Middle Section is ninety-four miles long. v .!d'eS*c- Every thing that was to be done, on this section, is now either tw * ' UU completed or under contract and to be completed by the iirst of Dctober next ; except, st. A few occupation bridges ; M. A small culvert to pass the waters of a mill pond in Whites- town ; id. A lock, to efl'ect the proper connection with Seneca river, a short section of the line adjoining it. The materials for the construction of the lock may be delivered by water : and it 414 CANAL LAWS- fee. 1819. was so late in the season, before the precise location of the ioner- Report — That since the first of June last, when the season became fa- Cbampialu vorable, the excavation of the Champlain canal has been vigo- rously and successfully prosecuted. More than twelve miles have been completed, to the satisfaction of the engineer, and a final settlement has been had with the contractors. The remainder of the excavation is in such a state of advance- ment, that two months of good weather will insure its comple- tion, as there is not more on the whole line remaining to be done, than the average excavation of two and a half miles. Consid- erable progress has been made towards the construction of the artificial works. The stone for the locks have been quarried ; more than half of them, it is believed, are already delivered at the places where they are to be used, and a considerable portion of them are hewn, and ready to be laid into the work. The timber, the lime, and the sand, are aI>o in n verv ndvanoed ^an 53 416 CANAL LAWS, fee- 1819. of preparation. The materials for the culverts, waste-wiers, — \r— J bridges, &ic. are in such a state of forwardness, that there is little doubt but they will all be prepared and delivered before the breaking up of winter : and unless the next season should be uncommonly bad, it is confidently expected, that within ten months from this time, the Champlain canal, from the lake to the Hudson, will be fit for navigation. The amount of labor which has been performed the last sea- son, compared with the expenditures, fortifies the opinion ex- pressed in the report of last season, that the Champlain canal will be finished for a sum not exceeding the estimates ; and the commissioners respectfully recommend the passage of a law, authorising its construction from Fort Edward to the tide waters of the Hudson. BE WITT CLINTON, S. VAN RENSSELAER. S. YOUNG, MYRON HOLLEY, EPHRAIM HART. Ibth January, 1819. .2 Table showing the location, dimensions, fyc. of the Aqueducts, Culverts, and Waste- Weirs, on the Middle Section of the Canal. OF THE AQUEDUCTS. Location. At Sedaqueda creek, : Wood creek, : Oneida creek, : Canasaraga creek, : Chitteningo creek, : Limestone creek, : Butternut creek, : Onondaga creek, : Nine-Mile creek, : Skeneateles outlet, : Cold Spring brook. : Owasco outlet, : Crane brook, Length, 240 feet. 40 120 40 110 110 110 180 120 100 100 120 100 Materials. Stone and wood, do. All stone. Stone and wood, do. do. do. All stone, do. do. Stone and wood. All stone. Stone and wood. In the report of 1817, the above aqueducts were all estimated to be of wood trunks, resting on stone abutments and pier* CANAL LAWS, fct OF THE STONE CULVERTS. 419 1310. Location. Span of the Arch. Length. it Nail creek, 14 feet. 70 feet. : Stoney creek, 15 64 : Brandy brook, 10 64 : Beaver-dam creek, 10 64 : Little lakes, 8 72 : Harbor creek, 10 72 : Hughes's creek. 4 120 : Great brook, 10 64 OF THE IRON CULVERTS. Location. On section L, : do. I, At Swamp brook. Brown brook, Rush creek, Black creek. Mud creek, Near Cowaston creek, Near Chitteningo creek. At Cadwell's swamp, : Whipple's, On section No. 11, do. No. 10, Near Barker's, Near Loomis's, Diameter. Length. 3 feet. do. do. do. do. do. do. do. do. do. 2 feet. do. do. lfoot. do. 69 feet. 75 69 60 75 75 75 75 72 75 63 69 69 60 60 The above iron culverts consist of pieces, cast in the shnpe of half cylinders, with flanges, and connected together with nuts and screws. They were contracted for at the rate of $89 per ton delivered ; and the whole expense of them, when properly laid ind secured, has been, of those that are three feet in diameter, bout $500 a piece ; of those that are two feet in diameter, about ^340, and of those that are one foot iu diameter, about $170. CANAL LAWS, kc. OF THE WASTE-WEIRS. Location. Length At Shepherd's brook, - - - - 100 feet. : Section C. - 100 : : Wood creek, near white house, - - 1 50 : : Section No. 5, / i> - - - 100 : : Drum creek, - - - - 100 : Near Oneida creek, - - - - 100 : At Covvaston creek, - - - - 150 : : Canastota creek, - - - 100 : : Olcott's brook, - 60 : : Pool's brook, - '- - - 100 : : Mill creek, - - - - * 100 : : Hand's brook, - 100 : : Camp's brook, - 100 : : Carpenter's brook, - - * - 150 : : White bottom brook, - - - 100 : : Bread creek, - - - - - 150 : : Tyler's brook, - - - - 100 : The expenses of these waste-weirs was not included in our es- timates of 1817. Ordered, That the same be referred to the joint committee, on that part of the speech of his Excellency the Governor, which relates to internal improvement. XXVI. REPORT OF THE JOINT COMMITTEE ON CANALS, IN 1819. In Assembly, February 22, 1819. Mr. Bacon, from the joint committee of the senate and assem- bly, on so much of the speech of his excellency the governor as relates to the internal improvements of the state, to whom was re- ferred the annual report of the canal commissioners, reported as follows : The actual construction of those great monuments of the en- terprise and munificence of the state, the greai western and 4 420 1819. V v CANAL LAWS, fees lorthern canals, is now viewed by the committee as no longer a question of unsettled policy ; and the completion of them with v practicable speed, is a measure which, upon deep eonsidera- ;ion, sedulous enquiry and cautious calculation, has been already •esolved upon by the deliberate arts of the legislature, and sanctioned by the approving and irencral voice of an intellligent md reflecting people. In this view of the subject, the committee ipprehrnd that it would be both unnecessary and unseasonable o occupy the time of the legislature with any further exposition )f the various considerations which have influenced the policy )f that expansive system of internal improvement, which was en- ered upon by our predecessors, under a full conviction of the nagnitude of the undertaking, and of the high responsibilities vhich it imposed upon its projectors and advisers. At a time when the general policy of this system was a qurs- ion undecided, and its practicability by such means as wer^ vithin the ability of the state to bestow, rested, in a good measure, ipon the basis of theory and the deductions of calculation, it wa.> ttoper to enlighten and arouse the public sentiment to a just 'Stimate of its immense importance to the best interests of the state, is well as of the capacity of the state to accomplish, completely, he great object proposed. This has already been done, bv he repeated exhibition of such general views, facts and estimates, is have had a happy tendency to allay the hostility of the pre- udiced, correct the misconceptions of the uninformed, and in- vigorate the resolution of the timid. The time when such a :ou' s ewas necessary, it is presumed, has now passed. By the uccessful operations of the two past years, the doubtfulness of heory i.c, n ow superseded by the surer test of practice, and. the ncp> Ytain deductions of calculation are verified by the actual r achstone of experiment. Referring, therefore, for those general views of public policy )y which the public councils of the state have heretofore been 5©verned on this subject, to those various public documents now in the files of the legislature, which have thrown upon it all the ight which practical science and the experience of o: her countries lave brought to our aid, in the prosecution of so great and meri- oriousan enterprise — the committee conceived that they should he best perform the duties w hich were expected of them, by di- ecting their enquiries into the manner in which the responsible rusts confided to the canal commissioners had been performed. 422 CANAL LAWS, &c. 1819. and to ascertain the extent and celerity with which, for ensuing —^r— J years, it would (consistent with that prudent policy which has hitherto marked the measures of the legislature on this subject) be prudent to recommend, at this time, the further prosecution of these important works. The committee are happy in being able to say, that the result, in relation to both branches of this enquiry, has been highly satisfactory as to the past, and eminently encouraging to future efforts and operations. The reports of the commissioners, for the past and present years, furnish ample evidence of two impor- tant facts — that the progress made within those years towards the completion of these works, has, thus far, exceeded the expec- tations which, at their commencement, had been encouraged by the most ardent of their patrons and projectors, and at an expense not exceeding the estimates upon which they had been predicated — for the particular details which go to justify these conclusions, the committee beg leave to refer to those reports — wihich at the same time, in a very lucid and practical manner, furnish a full and plain exposition of the whole course of the proceedings of the commissioners in the execution of the work. From these also it appears, that within the period and the estimates above mentioned, about two-thirds of the expense of completing the whole middle section of the western canal, ninety-four miles in length, has been already provided and paid for ; and that with the advantages of a favorable season for operations, the whole of that section will, in all probability, be in a state capable of boat navigation, in the course of the ensuing year. Within the same time, the excavation of more thar? twe\.r C milos of the northern canal, has also been completed ana 1 . -0 *"* for, and that of the residue brought to a state which may completed within two or three months ; and the forwardness of the other artificial works is such, that its navigation from lake Champlain to the Hudson, may reasonably be calculated upon also in the course of the ensuing season. Viewing, then, the entire completion of the whole line of the canals from lake Erie to the Hudson, and from lake Champlain to the navigable waters of the same river, as measures entering into the policy which dictated the commencement of them — as rapidly as should be found compatible with the resources of the state, and as soon as should be fully ascertained to be practica- ble within the means which had been originally contemplated : — CANAL LAWS, &c. 4JJ and considering also, the experiment which has now been made, 1819. as a satisfactory test, by which future and more extensive opera- v v ' tions may fairly and safely be judged — the committee have no hesitation, in accordance with the opinion of the commissioners, and for the reasons stated by them, in recommending — list. That provision be immediately made, by law, for the entire completion of the west section of the Erie canal, and for the construction of the Champlain canal, from Fort Edward to the tide waters of the Hudson, d. That like provision be made for opening a lateral canal, from the main Erie canal to the salt works at Salina. . That all persons actually engaged in working on the canal, be excused from the performance of militia duty. With a view to obtain all such further information, as the ctical experience of the canal commissioners might enable m to communicate, in relation to the appropriations necessary carry the measures hereby recommeded into effect, the com- tttee addressed to them the enquiries, and received the replies, ich are hereto subjoined. TO THE CANAL COMMISSIONERS. ENTLEMEN, The joint committee of the senate and assembly, to whom referred so much of the speech of his excellency the governor, relates to the internal improvements of the state, have directed to request of you such information as it may be in your pown communicate to them, on the following points, st. Whether any, and what amount of funds, in addition to those already provided for, it may be deemed necessary to pro- vide, for the purpose of completing the entire Erie canal, and that from lake Champlain to the tide waters of the Hudson, and what amount may, in their judgment, be ad- vantageously and profitably expended thereon annually. . Should it be thought expedient, by the legislature, to pro- ceed immediately to the completion of only one additional a ction of the Erie canal, which of those sections would it be recommended first to undertake ? . In the event last mentioned, what additional funds, if any, may it be necessary to provide for, and what amount ma\ be advantageously and profitably expended on that section, 424 CANAL LAWS, kc. 1819. the middle section, and on the entire route of the canal, from — v ' lake Champlain to the tide waters of the Hudson, annually ? 4th. Should it be thought expedient, by the legislature, to pro- ceed immediately to the completion of the middle section only of the Erie canal, and of the entire canal from Lake Champlain to the tide waters of the Hudson, what additional funds, if any. may it in that event be necessary to provide for ; and what amount may be advantageously and profita- bly expended on those objects annually? 5th. What progress (if any) has been made in the assessments upon lands, which are provided for by the 7th section of the act " respecting navigable communications between the great western and northern lakes and the Atlantic Ocean ?" and what are the difficulties (if any) which exist in carrying the powers thereby granted into effect? 6th. A suggestion of all such legislative provisions as are thought necessary by the commissioners, to enable them to carry into effect such of the foregoing objects as may be thought expedient, and generally all such further information, touching these subjects, as it may be thought useful to com- municate. REPLY OF THE CANAL COMMISSIONERS. To the joint committee of the Assembly and Senate, to whom was referred so much of the Speech of his Excellency the Governor, as relates to the internal improvement of this state. Gentlemen, In answer to the queries submitted, by you, to the canal com- missioners, we would state — 1st. That the amount which could be profitably expended in any one year, would depend almost entirely on the character of the season : for example, had the construction of the canals been authorized, and the lines accurately located, previous to the year 1816, it is believed that seven or eight hundred thousand dollars might have been profitably expended, during such a year; whereas, the almost continual rains of 1817 would have prevent- ed the economical expenditure of one half that sum. Should the completion of the whole of both canals be author- ized by the legislature, it would probably be prudent to authorize the expenditure of a sum not exceeding six hundred thousand dollars, in anv one year, over and above the net avails of the CANAL LAWS, &c. 425 canal fund; because in a very favourable season, that amount 1819. might be required ; and every exertion should be used to ad- v^^v^ vance the work, during such a season, as fir as possible, for the excavation of ordinary earth, when saturated with water, is tedious and expensive, and in swampy grounds where there is difficulty in draining, it may, in many instances, be accomplish- ed one hundred per cent, cheaper in a very dry, than in a very wet season; and in preparing and laying the foundation of locks? aqueducts, &c. in the beds of streams, continual freshets would produce still greater sacrifices. 2d. The commissioners have no hesitation in saying, that the Western section should be first completed. By a reference to the former estimates of the commissioners, it will be perceived that it was calculated that the Erie canal from Utica to Albany, ninety-eight miles, (and less than one third of the whole distance) would cost $2,036,177 — whereas, from Utica to Lake Erie, 254 miles, the estimated cost was only $2,845,561. It is obvious, then, that the eastern is the most difficult, and most expensive section of the Erie canal ; and it is equally apparent, that these difficulties and expenses will be more easily overcome and obviated, by the accumulated and ma- tured experience which will have been acquired by the commis- sioners and contractors, in the previous execution of the more easy parts of the canal. The Mohawk river furnishes at present i partial navigation, the descending trade on which is much less ?xpensive than on land. A canal by the side of the Mohawk itfill, therefore, int only cost much more than an equal distance mi the western section, but its immediate beneficial effects will )e much less sensibly felt, because every mile of canal which is nade from the Seneca river west, draws from the surrounding :ountry an increase of trade, which not only passes over that nile, but also through the whole extent of the middle section, ielding thereby an accumulation of revenue to the state from he works already made. The sooner the canal is extended from the Seneca river to ^ake Erie, the sooner will those commercial connexions, which lave been or are about to be formed, between our western citi- ens and Montreal, be destroyed, or prevented; the sooner will be western forests be cleared and cultivated by an enterprising opulation, and the sooner will the full tide of western commerce ?t towards the commercial metropolis of the state. 54 CANAL LAWS, &c. 3d. It would not lessen the expenditures but little, were the eastern section omitted ; because, were the whole authorized, the commissioners would not be able immediately to spread their ex- ertions through the whole line ; they would probably not do much more on the eastern section, at present, than carefully to re-survey and re-examine all its difficulties, with a view to un- derstand, as far as possible the most practicable and economical mode of construction, 4th. It might lessen the expenditure of next season about $200,000, because most of the contractors will have finished their jobs of excavation by the middle of August next ; and un- less another section is authorized, they will be out of the em- ployment of the state about one half the season. 5th. No progress has been made by the commissioners, to lay the assessment of two hundred and fifty thousand dollars, au- thorized by the seventh section of the act, entitled "An act re- specting navigable communications between the great western and northern lakes and the Atlantic ocean." No time is men- tioned in the act, when this assessment is to be laid, and it is very obvious, that it can be laid in a much more equitable manner af- ter the canal shall have been put into operation. Indeed, the commissioners believe that justice could not re done by an im- mediate apportionment of this tax. Many la*j tcts of land adjoining the canal, and lying on a lower level, will be wholly or in part reclaimed from a marshy and unproductive state, by intercepting and carrying off, through the canal, the waters by which they had previously been over-flowed, but to what extent this result will be produced, cannot, with any considerable accu- racy, be at present ascertained. Villages will also spring up, and the lands become thereby very valuable in many places, where great roads are intersected by the canal. In addition to these considerations for delay, the commission- ers have been so incessantly occupied in devising plans, forming contracts, and attending to all their pressing and multifarious du- ties, that it was impossible for them, without suspending the work, to devote any time to the apportionment of this tax. 6th. The commissioners have no additional suggestions to make, other than to refer the committee to their last report. DE WITT CLINTON. SAMUEL YOUNG, EPHRAIM HART. Mbany, Wh February. 1810, CANAL LAWS, fee, xxvir. LEGISLATIVE PROCEEDINGS IN 1819. On the 8th of March, the bill " concerning the great western and northern canals," was under discussion in the Assembly On the 2d section, which empowered the canal commissioners " to " proceed and open communications by canals and locks, between " the Seneca river and lake Erie — between such point on the 11 Mohawk river, where the middle section of the great western " canal shall terminate, and the Hudson river — between Fort Ed- " ward and the navigable waters of the Hudson river, and be- a tween the great western canal and the salt works in Salina," a division was called. Eighty members voted for the section, the following gentlemen voting against it. Mr. Barker, Mr. Ostrander, Mr. Carman, Mr. Requa, Mr. Clark, Mr. Romaine, Mr. Conklin, Mr. Root, Mr. Crolius. Mr. Schenck, Mr. Deyo, Mr. I. Thompson, Mr. Ells, Mr. Van Buren. Mr. J. Guioii, Mr. Watkins, Mr. Humphrey. Mr. Weed, Mr. Hunter. xMr. H. Wells, Mr. Keeler, Mr. Williams, Mr. Litchfield, Mr. Youngs, Mr. OsLorn, On the next day, the Oth. Mr. Van Buren moved that the Wank intlje first section of the bill, left for the sum which the com- missioners of the canal fund were authorised to borrow yearly, should be filled with 800,000 dollars. The motion was negati- ved 58 to 52. On the 18th of March, the canal commissioners, having been so required by the assembly, made a report of the names of all the contractors who had relinquished their contracts, with the amount paid to each, the names of those who had undertaken to complete the sections thus given up, and the amount they were to receive for the same : also the sums paid or agreed to be paid, by the canal commissioners, to any contractors over and above 428 CANAL LAWS, &c. 1819. the sum stipulated to be paid them by their contract, on account — -v — ' of quicksand, hardpan, gypsum, clay, or other unforeseen ob- structions, made their report. On the 22d of March, the comptroller made a report in obedi- ence to a resolution of the assembly, moved by Mr. Duer, requiring him to report whether the canal commissioners had rendered their accounts and vouchers for the expenditure of the sum of $666,900 received by them from the commissioners of the canal fund, in the years 1817 and 1818 ; and whether the said canal commission- ers had rendered their accounts and vouchers for the expendi- ture of the balance remaining in their hands before the period above specified ; and in case such accounts and vouchers have been rendered, that the comptroller report the amount of the sev- eral sums charged and deducted by the said canal commission- ers for their compensation ; and for the salaries and commissions paid to their officers and agents respectively, together with the names of the several persons receiving, or who may have receiv- ed the same. By this report, it appeared that the expenditures in the years 1817, 1818, and to the 11th of March 1819, charged in the ac- count of the canal commissioners, were for excavations, embank- ments, bridges, stone, waste wiers, culverts, locks, aqueducts, lime, fences, plank, houses and land taken on appraisement, appraisers* services, occupation bridges, engineers, agents, &ic. on the west- ern canal, and amounted to $487,459 82 advanced, and the amount absolutely allowed was $77,795 72 ; and on the north- ern canal they amounted to $65,960 99, advanced, and ^81 ,095 67,*?absolutely allowed. Samuel Young, acting commissioner, and secretary, salary for 1817, $2,500. A recapitulation of all the details, shews, that on the Erie canal, the sum of $565^255 55 was advanced and allowed, and on the Champlain canal, $147,056 66. Expenses belonging to both canals, $7,071 08. Total $719,383 29. Miscellaneous expenses are stated at $1,- 952 07. The monies charged in B. Wright's account, [he was one of the engineers,] amount to $17,846 79, consisting of com- pensation to engineer prior to April 1817, at $5 per day, and since that time at $1500 salary per year, of compensation to as- sistant engineers, surveyors, agents, and laborers ; payments on account of aqueducts and culverts, for timber, iron work, Uc. The monies charged in the account of Isaac Briggs, also an engineer, amounted to $9,149 36 ; of Canvass White, assistant engineer, CANAL LAWS, fee. io $'1,484 10; of Andrew A. Bartow, an agent, to $2,770 85 ; to 1819. Uri Doolittle, also an agent, to $739 69. The salaries and trav- ^-v~^ elling expenses of the canal commissioners who acted as super- intendents of the surveys and levels taken in 1816, and the trav- elling expenses and boarding of all the commissioners in that year, and the compensation paid by them to their engineers, sur- veyors and agents, amounted to $12,319 67. On the 24th of March, Henry Seymour was appointed a canal commissioner, in the place of Joseph Ellicott, resigned. On the ' same day, the discussion of the bill concerning the great western and northern canals, was resumed in the assembly. The salary of an acting canal commissioner was fixed at $2,500, by a vote of the assembly. The sum authorised to be borrowed yearly, at $700,000, and the assessment of the tax upon lands within 25 miles of the canals, was suspended. On the 25th of March, the sum allowed to be borrowed year- ly, was limited to $600,000, he. On the first of April, the Senate went into committee of the iwhole on the bill as passed by the assembly, and on the 2d, ha- ving resumed the consideration of the bill, the Senate passed it with amendments. The two houses eventually passed it into a law. On the 13th of April, the two houses directed by concurrent {resolution, " a survey to be made from the mouth of the Oswego river, up the same, to three river point, thence up the Seneca riv- er to the outlet of the Onondaga lake, and thence up the said outlet, the length thereof, with a view of ascertaining the im- provements of which the waters of those streams are susceptible, as respects their navigation." During this session, Mr. Bacon from the joint committee of the Senate and Assembly, on so much of the speech of his excel- lency the Governor, as relates to the internal improvements of the state, to whom were referred the several petitions of the in- habitants of the counties of Jefferson, Oswego, Niagara, Onon- daga and Oneida, praying that suitable means may be adopted by the state for the improvement of the navigation of the Oswego river, so as to connect the waters of lake Ontario with those of the great western canals, reported : That the improvement of the Oswego river, and the other na\ igable communications between Lake Ontario and the navigabl< waters leading to the Atlantic ocean, has, from an early period. 430 CANAL LAWS, Sec; 1819. been received by the state as an object well worthy the public r-v-^»/ attention, and must now, undoubtedly, be considered as an im- portant link in the great chain of internal navigation, which is now prosecuting under the most happy auspices, and promising the most beneficial results to the commercial and agricultural in- terests of the country ; but that it would be inconsistent with that prudent policy which has hitherto guided the councils of the state on this subject, to authorise the execution of any project of so extensive a nature, without a careful examination of the prac- ticability of the object, of the difficulties to be encountered, and an estimate of the means necessary to effect it. For the attain- ment of which information, the committee recommend, that the canal commissioners be authorised to procure and direct such sur- veys and examinations to be made, as to them shall appear ne- cessary and proper, in relation to this object, and that they re- port the same to the legislature, at their next session, with their estimates and opinion thereupon ; for which purpose the commit- tee ask leave to report a bill. Mr. Duer also moved a resolution, which was adopted in these words : Resolved, That the canal commissioners be requested to re- port to this house, whether any proposition has been made or communicated to them by the Western inland lock navigation company, relative to the sums demanded or contemplated to be received by them, for their interest under their incorporation. During this session also, Mr. A. Hamilton offered the follow- ing resolution : Resolved, That the committee on canals, report to the house, whether it would not be advisable so to modify the 7th section of the act relative to canals, passed April 15th, 1817, that the state shall assume the payment of the sum contemplated to be raised by assessment, on the lands supposed to be benefited by the canal, reserving to the state the privilege of reimbursing the treasury, when the canal shall be in successful operation, by enforcing the assessment authorised by the section proposed to be modified. Which was ordered to be laid upon the table. ( ANAL LAWS, Ik 431 XXVIII. is 10. AN ACT 1 v — ' To authorise the construction of a Harbor at the mouth of Buffalo Creek, on Lake Erie. Passed April 7, 1810. I. BE it enacted by the people of the State of New-York, re- * * f. . .in 12,000 dollars presented in Senate ana Assembly, That it shall and may be law- M*i> r "P nated ful for the comptroller to lend to Jonas Harrison, Ebenezer Wal- ftc." * r ° r ' den, Heman B. Porter, John G. Camp, Oliver Forward, Albert H. Tracy, Ebenezer Johnson, Ebenezer F. Norton and Charles Townsend, all or any of them, the sum of twelve thousand dol- lars, out of any unappropriated money in the treasury, on receiv- ing good, sufficient and satisfactory security, by a bond and mort- gage, or bonds and mortgages, the land mortgaged to be free and clear from all incumbrances whatsoever, conditioned for the re- payment of the money in ten years from the date of such bond and mortgage, with lawful interest, annually, to commence five years from and after the date of such bond and mortis ;age : and conditioned further, that the said money shall be applied to- wards the construction of a harbor at the mouth of Buffalo creek, on Lake Erie, for the security of vessels navigating on the said lake, in such form and in such manner as the canal commission- ers, appointed by an act respecting navigable communication- between the great western and the northern lakes and the waters of the Hudson, shall direct and order: And further, the said per- sons above named, or a major part of them, shall execute, before receiving said money, a joint bond to the people of the state of New-York, in the penal sum of five thousand dollars ; which shall be regarded as stipulated damages conditioned that the said money shall be faithfully expended for the sole purpose contem- plated by this act. II. And be it further enacted, That it shall be the duty of the Du( y 01 > naI w m . . * comtnusioiicrs. said canal commissioners to view and examine, or cause to be viewed and examined, the entrance into Buffalo creek ; and if they shall be of the opinion that it may be so improved as to render it necessary or useful as connected with the canal from Lake Erie to the tide waters of the Hudson river, they shall direct the man- ner in which the same shall be improved : and may and shall ap- point one or more agents to superintend the construction of such works as may be necessary therefor : and shall also give notirr. 432 CANAL LAWS, &c. 1819. in writing, to the comptroller, of such their opinion and appoint- ment; and it shall thereupon be lawful for the comptroller, at Comptroller. an ^ time hereafter, to audit and settle any account of the ex- penditure of the said sum of money, in manner and for the pur- pose aforesaid, and to endorse, from time to time, the amount of such expenditure, or to cancel and discharge the said bond and mortgage ; and he shall also, from time to time, charge to the canal fund the amount of such expenditure, and place a corres- ponding credit to the general funds of the treasur}'. III. And beit further enacted, That if the said canal commission- Further pow- ers sna ]i not w ithin six months from and after the passing of this ers of canul r ° commissioners, act, commence the survey of said harbor, as prescribed by the second section of this act, or if they determine that the said har- bor at Buffalo creek ought not to be constructed at the expense of the state, and considered as part of or connected w ith the canal from Lake Erie to Hudson's river, and shall give notice thereof to the persons who may give the security for the said sum of money ; they may thereupon, from time to time, receive as may be wanted for the advancement of the work, proceed to expend the same in such manner as shall or may be approved of by them, or a majority of them, in the construction of a safe and secure harbor for vessels as aforesaid ; and in this event they shall ex- pend the said sum of money for the purpose aforesaid, within two years from the receipt of such notice aforesaid, and within three months thereafter account with the comptroller for the expenditure thereof; and it shall and may be lawful for the persons borrow- ing and securing the said sum, with the consent of said canal commissioners, and under such regulations as they shall, from time to time, prescribe, to impose, levy and collect such sum per ton, on each vessel which may enter the harbor hereby authori- sed to be constructed, as a remuneration for any advances which they make in constructing the said harbor and keeping the same in repair. Shares to be IV. And be it further enacted, That the persons who shall improve the harbor aforesaid, may divide the amount of expen- ditures into as many shares as they may think proper ; and they and their associates may make such by-rules, laws and regula- tions, to be approved of by the said canal commissioners, for the management and protection of the said harbor, and the collec- tion of the tolls, and the distribution of the income, as they may deem proper. CANAL LAWS, fee. 433 1810. AN ACT ^— v— ' Concerning the Great Western and Northern Canals. Passed April 7, 1810. I. Be it enacted by the people of the state of New-York, repre- Additional tented in senate and assembly, That it shall be the duty of the^ed! beb0i " commissioners of the canal fund, in addition to the sums which they are already authorised to borrow, to borrow, from time to time, monies, on the credit of the state, at a rate not exceeding; six per centum per annum, and not exceeding in any one year a sum, which together with the net income of the canal fund, and with the sums which they are already authorised to borrow, shall amount to six hundred thousand dollars ; for which monies so to be borrowed, certificates of stock shall be issued in the man- ner directed in and by the act entitled " an act to improve the funds, and to provide for the redemption of the funded debt of this state," payable at such time or times as may be determined by the said board, out of the said canal fund, and to pay to the canal commissioners the monies so to be borrowed. H. And be it further enacted, That the canal commissioners be Canalstote and they are hereby authorised and empowered, in behalf of this extcnded# state, and on the credit of the canal fund, to proceed to open communications by canals and locks, between the Seneca river and lake Erie ; between such point on the Mohawk river, where the middle section of the great western canal shall ter- minate and the Hudson river ; between Fort Edward and the navigable wateis of the Hudson river, and between the great western canal, and the salt works in the village of Salina ; to receive, from time to time, from the commissioners of the canal fund, such monies as may be necessary for and applicable to the objects hereby contemplated ; to cause the same to be expend- ed in the most economical and prudent manner in all such works as may be proper to make the said canals and locks, and on completing any of the works contemplated by this act ; to establish reasonable tolls, and adopt all measures necessary for the collection and payment thereof to the commissioners of thr canal fund. III. And be it farther enacted, That all the provisions of the L t nd«,£r. h third section of the act entitled " an act respecting navigable be entcr « d 0J » communications between the great western and northern lake* 434 CANAL LAWS, &*. 1819. and the Atlantic ocean," as it respects the powers of the canal * v 1 commissioners to enter upon and take possession of the lands, waters and streams therein mentioned, the construction of all ne- cessary artificial works thereon, the mode of estimating and ap- praising the loss and damage occasioned thereby to the owners and proprietors of such lands ; and the payment of the dama- ges to be so assessed and appraised, shall be extended to and apply to all and singular any lands, waters and streams necessa- ry for the prosecution of the improvements intended by this act ; and the same proceedings shall be had for estimating and appraising the loss and damage occasioned by the occupation thereof, and for payment of the same, as in and by the thir section of the said act is provided in relation to the lands therein mentioned. Exempt from IV. And be it further enacted. That every person actually en- inihtia uty. g a g e( j m laboring on either of the canals authorised by this act, or the act respecting navigable communications between the great western and northern lakes and the Atlantic ocean, shall be exempt from doing militia duty in this state, except in cases of insurrection or invasion, during the time when he is so actually engaged ; and the certificate of one of the canal commissioners or contractors who shall employ such men so liable to perform militia duty, in the performance of their contracts, shall be pri- ma facia evidence of such engagement. Assessments V. And be it further enacted, That the assessments upon cer- suspnded. tam ] an( j s w hich are directed to be made by the seventh section of the act respecting navigable communications between the great western and northern lakes and the Atlantic ocean, shall be suspended until the further order of the legislature thereon : And further, That whenever the legislature shall direct the as- sessment and collection of such tax, a similar tax shall be assess- ed and collected on the sections authorised by this act, and on the like principles as declared in said seventh section. Accounts VI. And be it further enacted, That it shall be the duty of the when to be in settled. ° 6 cana l commissioners, on or before the first day of February, each and every year, to settle and account with the comptroller for all monies by them received from the commissioners of the canal fund ; and it shall be the duty of the comptroller to report the settlement so made to the legislature, as soon thereafter as may be, detailing the sums allowed by them to the engineers, agents and servants, respectively employed in the superintend* CANAL LAWS, kc. commissioner? ence and construction of said canal and the works connected therewith. v v VII. And be it further enacted, That there shall be allowed and Pay of the paid to such of the canal commissioners (to be designated by the board, and not to exceed three in any one year) as shall be actually engaged in the superintendence of the works and the immediate duties connected therewith, in full compensation for their services and personal expenses, a salary of twenty-five hun- dred dollars each, a year, to commence on the first day of Janua- ry last. AN ACT Declaring the Terms and Conditions of a Grant of Lands from the Holland Land Company for the use of the People of this State. Passed April 13, 1819. WHEREAS, in pursuance of the act entitled, "an act further to provide for the improvement of the internal navigation of the state," the commissioners therein named did heretofore procure fromWilhem Willink, Nicholas Van Staphorst, Peter Van Eeghen, Hendrick Vollenhoven and Rutger Van Schimmelpennick, of the United Netherlands, composing the Holland Land Company, so called, and acting by their general agent, Paul Busti, Esquire, of the city of Philadelphia, a voluntary cession or conveyance, to the use of the people of this state, of two tracts of land situate in the county of Cattaraugus, containing together one hundred thousand six hundred and thirty-two acres, for the purpose of establishing a fund to be applied towards the opening of an inland navigation from Lake Erie to Hudson's river, as by reference to a certain indenture, under the hands and seals of the several grant- ors above named, bearing date the first day of March, in the year one thousand eight hundred and fourteen, may more at large ap- pear : And whereas the said cession or conveyance was so made under an agreement and upon certain conditions to the eflect fol- lowing, that is to say : if the contemplated inland navigation be- tween Lake Erie and Hudson's river should not be effectually com- pleted, so as to afford a good water communication between the said lake and river, for boats of at least five tons burthen, by the 436 CANAL LAWS, &c. 181Q. nineteenth day of August, in the year one thousand eight hun- * J dred and forty-two ; that in such case the said lands and premi- ses, described in and granted by the said indenture, or so much and such parts of them as shall then remain unsold and undispo- sed of, shall thereupon revert to and become vested in the said grantors and the survivors or survivor of them, their or his heirs or assigns, in fee simple, according to the estate and interest, and with the same powers, rights and privileges which the said grant- ors had and held therein immediately before the date of the said indenture, and free from all taxes, charges and assessments what- soever; and as to so much of the said lands as shall have been then sold, or for which contracts of sale shall then have been made by or under the authority of the people of this state, that the monies arising from or which may be due and unpaid upon such sale or contracts of sale, shall be accounted for and paid to them the said grantors, or the survivors or survivor of them, their or his heirs or assigns, by the people of this state ; and as to so much of the said lands as shall then have been otherwise sold or disposed of, that the people of this state shall account to and sat- isfy the said grantors and the survivors and survivor of them, their or his heirs or assigns, for the same, according to their fair and actual value at the time of such sale or disposition thereof, so however that a sum not less than one dollar shall be allowed and paid for every acre of the said land which may in any man- ner be sold or disposed of as aforesaid. Grant accept- I. BE it therefore declared and enacted by the People of the State of New- York, represented in Senate and Assembly ', That the said cession or conveyance is accepted, subject to the agree- ment and conditions herein before recited ; and the faith of the people of the state of New-York is hereby pledged to the due fulfilment and performance of the same. II. And be it further enacted, That all the lands, tenements Lands remain- am j hereditaments mentioned and described in the said indenture, unsold in 1842 to revei-t an( j therebv granted, which shall remain unsold and undisposed to the Holland r j-lu company. of on the said nineteenth day of August, one thousand eight hun- dred and forty-two, shall, ipso facto, revert to and become vested in the said grantors and the survivors or survivor of them, their or his heirs or assigns, as of the estate and interest, and with the like rights, powers and privileges which they the said grantors had and held therein immediately before the date and execution of the said indenture, and free and discharged of and from all CANAL LAWS, &c. 4.>: axes, assessment!? and dispositions whatsoever, unless the con- 1820. emplated inland navigation between Lake Erie and Hudson's v v ' •iver shall be by that day effectually completed in the manner icreiii before specified, any thing in the said indenture contained o the contrary notwithstanding. XXIX. Extracts from the Governors Speech, to the Legislature, in 1820. : The successful progress of the important channels of commu- Governor D. . • . . i . .„ , , . . „ W. Cliaton's ication now opening in this state, will have a benign influence, Speech, ot only in producing facility and cheapness of transportation jt the proceeds of labor, but also in creating markets foMheir onsumption. Already do we perceive the establishment of vil- ages on the borders of the great canal : and the raw materials f the husbandman, obtained with comparative ease and cheap- ess, by the manufacturer, will be converted into articles of ac- ommodation and comfort. This, in time, will establish on a solid oundation, an* important interest, which will use the fruits of griculture, as well in the fabrication of commodities, as in the ustenance of human life. And thus, by the reciprocal action of tenign influences, the great departments of productive labor will larmoniously co-operate in creating individual and national op- iilence. The carriers, buyers, and venders of commodities, will onstitute an important class in the interior ; and the great acces- sion to the other professions and pursuits, and the general aug- mentation of our population, in consequence of our growing prosperity, will enable us to carry on a vast system of internal rade, which will, in a great measure, supersede the necessity of breign markets. " The middle section of the western canal, including a lateral anal to Salina, and comprising a distance of nearly ninety-six niles, has been completed. On the twenty-third day of Octo- )er last, the commissioners navigated it from Utica to Rome, md found their most sanguine expectations realized, in the ce- city, economy and excellence of its execution. And on the wenty-fourth day of November, the Champlain canal was also n a navigable state. In less than two years and five months, >ne hundred and twenty miles of artificial navigation have been 4J8 CANAL LAWS, lee. 1820. finished; and thus the physical, as well as financial practicability * ' of uniting the waters of the western and northern lakes with the Atlantic ocean, has been established beyond the reach of doubt or cavil. The efforts of direct hostility to the system of inter- nal improvements will in future be feeble. Honest and well dis- posed men, who have hitherto entertained doubts, have yielded them to the unparalleled success of this measure. But as there is great reason to apprehend the exertions of insidious enmity, I consider it my solemn duty to warn you against them. As the canal proceeds to the west, the country east will of course be ac- commodated : and in proportion to its progress to completion, in that ratio, will it be considered more easy to combine a greater mass of population against its further extension. Attempts have already been made to arrest its progress west of the Seneca river; and it is highly probable that they will be renewed when the work is finished to the Genesee. As the benefits of artificial or improved navigation are rendered more obvious by experience, efforts will be made to obtain appropriations for great local ac- commodations ; and while good men will endeavour to acquire them with honest views and for patriotic purposes, they will re- ceive the countenance of persons of a different description, who, in furtherance of selfish designs, will strive to destroy the great fabric of internal improvements, by withdrawing or dispersing the fund appropriated for its support. Under a full persuasion that the honor and prosperity of the state imperiously demand the completion of the whole of this great work, and that if we are just to ourselves, and to posterity, it will be effected in five years. I am happy to assure you, that the decided and prudent measures of the canal commissioners in October last, are in full accordance with these impressions. At that meeting, they directed that portion of the western section, which extends from the Seneca river to Rochester, on the Genesee river, — and that portion of the eastern section, which commences at the eastern termination of the middle section, and reaches to the east side of the Little Falls, to be marked out as parts of the great western canal, and to be contracted for as such ; and con- siderable progress has been already made in these important ope- rations. The whole length of the western section is about one hundred and sixty-three miles, and of the eastern about ninety-seven; and notwithstanding the disparity of distance, it is estimated that CANAL LAWS, La. 4 JO he expense of each will be about the same, making in the ag- 1820. ;regate four millions of dollars. The object and tendency of s v — hat measure of the canal commissioners must be obvious; and olicy as well as justice concurred in recommending its adoption. Jy operating in both directions, a solemn pledge is given of our etermination to finish the whole canal ; sectional jealousies are llayed ; the advantages arising from pecuniary expenditures are npartially dispensed : and every advance of the work, in either ay, will facilitate communication. The completion of the mid- le section has already opened markets for a fertile and extensive egion. The expense of conveying a barrel of flour by land to Llbany, from the country about the Cayuga lake was more than vice as much as the exportation of one from New-York to Liver- ool ; and the difference between the former and the present cost f conveyance will not only remunerate the manufacturer, but fford an iucreased compensation to the agriculturist, indepen- ently of the rise of the commodity in value, from its being fur- ished with a good market. It is believed that our Atlantic ountry will soon be supplied with salt from the west cheaper lan from abroad ; and the revenue from the salt works, appro- riated to the construction of the canal, already exceeds the lost favourable estimates, and shews conclusively the importance fthis communication to the accommodation of a vast country, i the progress of the canal, gypsum of the best quality has been iscovered ; and it is ascertained that this region contains a suf- cient quantity of this invaluable mineral for the supply of the hole United States. Heretofore the principal ingredients of ydraulic mortar were procured at a great expense from abroad )r the construction of locks ; but a species of limestone has been )und, dispersed over the whole country, admirably adapted for ater cement, and entirely superseding the necessity of foreign ipply. Stone for the construction of locks, culverts, bridges, nd aqueducts, is also found in abundance : and it is confidently elieved, as well from the geological character of this region, as om various other indications, that coal will be discovered am- ly sufficient for domestic uses, and manufacturing establish- ing. The animation which this work, in its present unfinish- d state, has given to our internal trade, cannot be duly appre- atcd without the advantages of personal observation: nor can 11 its blessings be realized or displayed, until years of experi- nce have parsed away. 140 CANAL LAWS, &c- " By the act respecting navigable communications between the great western and northern lakes and the Atlantic ocean, passed the 15th April, 1817, a tax of $250,000 is directed to be imposed on the lands lying within twenty-five^miles on each side of the canals, from the Mohawk to the Seneca river, and from Lake Champlain to the Hudson. And by the act concerning the great western and northern canals, passed on the 7th of April last, this assessment is suspended until the further order of the legislature. In operations of this nature it must necessarily fol- low, that particular portions of territory will receive extraordi- nary benefits ; but with the augmentation of their wealth, their ability to contribute to the public burthens, will be proportiona- bly enhanced, and consequently the taxes in other places will be correspondently diminished. And it is submitted to you, wheth- er it comports with the magnanimity of government to resort to partial or local impositions', in order to defray the expenses of a magnificent work identified with the general prosperity." XXX. The annual report of the canal Commissioners was read, in the words following, to wit : In Assembly Feb. 18, 1820. To the Legislature of the State of JYew-YorJc : In obedience to the act, entitled " An act respecting navigable communications between the great Western and Northern Lakes and the Atlan- tic Ocean" passed April 15th, 1817, the Canal Commissioners most respectfully Report — In reference to the Erie Canal, — That the middle section thereof has been so far completed during the past season, that large boats have actually navigatet it, for the distance of seventy-five miles : and nothing has hin- dered such navigation throughout the residue of the section, fc several weeks previously to the meeting of your honourable bo dy, but the setting in of frost. The important fact of the accu racy of the levels, from one end to the other, of this section, ha been ascertained, by the most satisfactory and infallible proof— the admission of water. And when it is remembered that th length of our Rome summit is now extended to near sixty mile 6 this result, so gratifying on every account, cannot fail to bege j CANAL LAWS, fee. 441 •Wrong confidence in the skill, and a just praise for the care, of 1820. our engineer. v y s Having now witnessed the completion of a creat number and r iaal con to tracts. variety of canal contracts, with constant and anxious attention to the mode of their execution, in every stage of their progress, for the purpose of obtaining all the benefits suggested by expe- rience, we expect, hereafter, considerable improvements in the manner of conducting our labours. For a resolute ambition of success, and the application of vigorous industry, we cannot hope that an equal number of men will ever be more distinguish- ed than those who have hitherto been employed. We have found, that in removing common earth, where the draper?* 1 ^ depth does not exceed four or five feet, and the ground is dry, the plough and scraper can be used to greater profit than any other means of excavation with which we are acquainted. And the banks which are constructed with scrapers, from being con- stantly and uniformly travelled over by the cattle and men, du- ring the time required to raise and form them, are so thoroughly compacted as to be not much in danger of injurious settling, af- ter they are once completed. A great proportion of our work has heretofore been performed with these instruments. But as both the western and eastern sections of the canal, will pass through but little wet land, in comparison with that which is tra- versed by the middle, the use of them hereafter will be much in^ creased. It was determined by the canal commissioners, when they en- sior.e of ca *ered on the construction of the canal, that the inside slope of nal the banks should be such, that a foot perpendicular rise should give not less than eighteen inches horizontal base. This slopf is often adopted in England ; and in earth unapt to slip, it will answer ; but in clay, in light earth, especially if it contains much water, and wherever sand predominates, a greater slope is expe- dient. The inside slope of the banks through the middle section, is generally such as that above indicated. There are however se- veral places where it is greater. And it is our intention for the future, except where peculiar circumstances forbid, to increase the slope. For, besides diminishing the danger of having the banks slide into the bottom of the canal, by diminishing their ac- clivity, it requires but little observation to become convinced, that surh diminution lessens the labour of forming the bapfo 5 face, and the estimate was made accordingly. These embank- ments have, however, all been made so as to give the common width of forty feet at the surface. This alteration has very much increased the quantity of earth in those embankment* CANAL LAWS, fct 445 hieh required filling in at the bottom : and as all the large eu- 1620. ankraents are of this, character, it has added considerably to v v. ' leir expense. It was not adopted without mature deliberation tid a strong conviction of its being judicious. It was found lat aqueducts, road bridges, farm bridges, and a few other 1111- voidable causes of contracting the width of the canal were of ich frequent occurrence along the line, as to make it very desira- le for the sake of presenting no unnecessary obstruction to mo- on through the water, to preserve the ordinary width in all places here it was practicable. The plan of several of the more artificial works has been al- >red, always it is believed for the better, but so as to render lem more expensive. Of this class, are the following, to wit : 'he aqueduct over Oneida creek. This was originally calcula- Aqueduct?. ' ?d to be made of wood — it is constructed of solid masonry. — 'he aqueduct over the Onondaga creek has been greatly enlare:- i It is built entirely of stone. Tire aqueduct over Nine-mile creek was originally intended to onsist of stone abutments and piers with a wood trunk. It is onstructed exclusively of stone, and has been much enlarged y raising the level of the canal at that place eleven feet. At the Skeneateles outlet, the original estimate embraced a am, which has since been superseded by an aqueduct of solid tone work, which is also raised eleven feet above the original le- el. The aqueduct across the Owasco creek has been much eit- irged, and a wood trunk has been displaced for stone arches. II. Waste-weirs have been constructed in various places, „, here it was believed no sufficient provision could otherwise be ad to discharge the surplus waters with which the canal would e filled by the spring floods : and the aggregate extent of these 5 about two thousand feet. III. The most prolific source of unforeseen expense has been bund in hard excavation ; and this we have had in many places, md in all the varieties of hard-pan, quick-sand, breccia, marl, ypsum and lime-stone. When the canal line was located by the engineer, he dug or >ored into the earth in several places on every mile, to the bot- om of the canal, for the purpose of ascertaining the quality of •ie excavation. Upon information thus gained, he represented lie character of the earth to be dug through, in his sectional iap>. And when the commissioners entered into contracts. I 'ANAL LAWS, fcc. 1650. such maps, with the representations contained in them, were th« '*— v— 4 basis of the prices stipulated to be paid them. But they al ways gave verbal assurances to the contractors, that if in th progress of the work it should turn out, that the excavation wa manifestly worse than it was represented to be, then they woul pay fur the e tra difficulty arising from that cause, such sum a the engineer should deem reasonable, over and above the stipu ted prices. Under such engagements large sums have bee paid. Hard-pan. 1st. For hard pan. On many sections of the canal the eart has become harder, almost in exact proportion to the depth ( excavation below the surface, and often harder than the eart bored or dug through by the engineer. Such earth has been < several descriptions : in some places, a hard tenacious cla; closely filled with numerous stones ; in others, and more frequen ly, a compact mixture ol sand and loam, very hard and fille with blue gravel. Much of these kinds of earth has been four in such condition, that the most industrious men were unable i excavate more than three } ards in twelve hours. x^uicUsand. 2d. For quick-sand. This is a most unmanageable substanc and generally dangerous wherever it occurs. It has subject* us to extra expense on several sections, not merely by the nece sity which it always induces, of performing the excavation tv or three times over, but also by compelling us, in a number places, to make defences against it of timber and plank. „ 3d. For breccia. Patches of this have been frequently fonn Breccia. * J but they have not been large, except in a few places. The e cavation of it is generally more difficult than almost any rock secondary formation, and has cost from fifty cents to two doll? per cubic yard. The largest masses of it have been encounte ed in places continually wet, by springs or small streams. 4th. For marl. Tn Madison, Onondaga and Cayaga countii many miles of the canal are carried through beds of marl, whic when it is first uncovered, is hard, and in appearance, stone of slaty structure, but which afer it is broken up and removed ir the banks, by exposure to the air, crumbles, first into small p ces, and finally into a fine earth; so that no one would imagii after it has been a short time excavated, that it ever offered a obstruction to the contractor; and yet the excavation of it If cost from thirty to seventy-five cents per cubic yard. CANAL LAWS, &c. 5th. For gypsum. Some extra expense has been incurred 1S20. ->y the excavation of gypsum, on sections 27, 28, 59 and G3. 1 v — Oth. For lime-stone. This has been found in ereat abun- „ ° UTpMM a lance, on sections 19, 22, 23, 24, 27, 30, 31, 32, 33, 37 and 40; Limestone, ind the expense of removing it has been from thirty-seven and i half cents to one dollar per cubic yard. As another cause of the excess of expenditure over estimate, m the middle section, may be mentioned, IV. The want of sleighing last winter. We had calculated :pon great advantages for the delivery of several kinds of materi- ls, particularly timber, plank, lime, sand and stone, by sleighing ^he roads leading to most places where these articles were anted, are usually bad in the summer season. Recently made Roa4< ver a rich deep soil, and rough with frequent causewnys it was bvious that they would be almost impassable with heavy loads on 'heels. But when the earth is frozen, and covered with a com- lon winter depth of snow, such roads afford as good a path as ny other. We had therefore been at great pains to make con- acts for these articles, early enough in the fall, to enjoy the ex- erted benefit of sleighing, for their delivery: And much labor ad been expended in quarrying stone, felling and hewing timber, nving plank, burning lime and hiring teams, to make the most of lat benefit. But there was no sleighing until the beginning of [arch, and when at last the^snow fell, it afforded us no advanta- es. It came in such quantities as very soon to take out the frost eneath it, and at so late a period as to be exposed to rapid melting om the influence of the sun. In the counties of Onondaga and ayuga, where most of the materials were required, it lay on e ground for three or four weeks, and was used most of that me, for sleighing, but to no profit. The teams which had been igaged, could then, very few of them, be had ; for nobody i> illing, without strong necessity, to be at the trouble and expense fitting out teams for a few days service of doubtful emolu- ent; and spring snows are seldom durable. Most of the time hile the sleighing lasted, all the materials were covered with tow, to nn inconvenient depth ; no hard snow path could be rmed, and the road was, in many places, miry. In truth, but ^mall portion of the materials were delivered by sleighing ; id if the following season had not been uncommonly dry and vorable to wheeling, it is probable that no practicable efforts •»M yet have cflvctrd thp dolivcrv of them. Tint our Stone 44b CANAL LAWS, kc 1 820. structures might be permanent, we were fully convinced of the v 'great importance of using large stone in their construction. Accordingly, those which we have had delivered, a great pro- portion of them weigh from one to three tons a piece, and some of them much more ; but the expense of loading heavy stone? into wagons or carts, must always be greater than that of load- ing them into sleds. From the combined effects of these causes the delivery of our materials has cost us much more than \v< could reasonably have anticipated. Locks and a- V, To prepare the foundation of the locks and aqueducts, ha ruieducta. ^ een more difficult tna n was expected. In order to give the same depth of water over the lock-sills which is provided for elsewhere, our manner of securing th foundation requires that the excavation shall be sunk two feet be low the bottom of the canal ; and in digging for these founda tions, in several cases, where the earth down to the bottom wa hard gravel or clay, we have found it below that, and within th limits of our excavation, to be quicksand. In such cases, w have been compelled to fill the bottom with bearing piles. An as these bottoms are about one hundred and thirty feet long, b thirty-six broad, this operation has been attended with great 1; bor and expense. At all the places of our principal aqueducts, at the locks, ar at some of the large culverts, the difficulty of constructing ar maintaining coffer-dams, and of bailing out the water, in adc tion to that of the excavation and pile-driving, which must n cessarily be subject to many contingencies, has exceeded o calculations. nal f«ncin«- Fencing the canal not included in the original estimate the middle section ; a .d yei we found this indispensable tot security of the canal, and have actually completed it on be sides, for nearly the whole distance. Water proof VII. The water proof lime, which has been used, during 1 Vme ' past season, for the most of the mason work done on the can , has contributed to swell our disbursements beyond our origin estimates. This material has been discovered in the progress f our exertions ; and it will doubtless hereafter be considered 5 an article of prime necessity, throughout our county, for 1 hydraulic masonry. Mixed with clean silicious sand and wa 1 and well beaten, it constitutes a mortar, which will soon set, rl ihoroughlv cement anv work of stone or brick, in which i CANAL LAWS, fee. used under water. But in the first use of it we have been una- 1SJ20. voidablv subjected to many expenses which henceforth need not ^^v-^* be incurred. We failed repeatedly in burning, pulverising and mixing it ; but many trials have now shown us the way to suc- ceed in all these operations. And all the masons in our employ, though for some time they were loth to use it, from an opinion which they uniformly entertained of its being of no value, now regard it as a discovery of the greatest importance. It sets much quicker, and becomes stronger in the air, than common lime mor- tar; and under water, where common mortar will not set at all, it bo- gins to set immediately, and in a few weeks acquires great hard- ness and tenacity. It may be quarried with the same labor as common lime stone, and is known to occur in the greatest abun- dance, in Madison, Onondaga, Cayuga, Ontario and Genesee counties ; its colour is a yellowish grey, before it is burnt, and burning inclines it to a buff. It is softer than common limestone, and when burnt, about ten per cent, lighter. It will not slack, but must be pulverized by pounding or grinding, and when re- duced to powder, its bulk is not materially increased. The quantity of sand mixed with it should be about half that of tlm lime in bulk. From ks not swelling, by being pulverized — from the expense of grinding it, and from the greatly diminished quan- tity of sand which it will bear, it will be at once perceived, that its use will always be attended with greater expense than that of common lime. Still it may be used, at a very small proportion of the cost of any other material now know n to answer the sam* purpose ; and as it abounds in the vicinity of the canal, it will probably soon supply a great amount of tonnage for transporta- tion, by the demand which will arise for it, from without this state. VIII. Our efforts have been much retarded, and rendered more SickneM re . expensive, in completing the middle section, by sickness. F° r |*^ d ^ x about thirty-five miles, the canal line runs at no great distance from the Seneca river, which in that part of its course, except at •Tack's rift, is a sluggish stream. The waters of this river flow through a region of the rankest vegetable luxuriance, w hich, in die spring of the year, they overspread to the extent of many thousand acres more than they do in the fall. In common se;i- •ons, the autumn brinprs with it some danger to the health of th» N people of this region. The excessive and long continued heat of the last season, subjected them to cxtcuvivo and distressing 450 CANAL LAWS, 1820. sickness. Between the middle of July and the first of October — v J about one thousand men, employed on the canal, from Salina t( Seneca river, were disabled from labor by this cause. Most o these men recovered, but the houses in which they were collected for near three months presented a most discouraging spectacle And although great exertions were made to supply the place o such laborers as became diseased, by fresh hands, it was impos sible to prevent some jobs from being entirely abandoned fo several weeks. And where labor was never wholly intermitted it was much less efficient, and the means of it were essentially lessened. The necessary effect of this was, to protract the entirt execution of the work, to a much later period than it would other wise have been extended to, and this inevitably increased the ex pense. Late in the season there were frequent interruptions o labor, by slight falls of rain and snow. And these interruption were particularly injurious, in reference to much of the extra ser vice done at this period. When the days had become short, ant the earth was every where covered with mud, no resolution o ingenuity could make the work advance rapidly, in proportion ti the means employed. Every effort was clogged. The excava tion of difficult places, which had been left incomplete, was slo\ and laborious. And the performance of all those little jobs, tha could not be omitted in bestowing the last finish upon the work previous to their actual use, was attended with tenfold difficult) It would not be reasonable to expect, that human foresigr could exactly adapt the provision of materials, to all the exigeii cies of works so extensive, various and unusual, as those of whic we had the charge, in the first contracts. Some deficiencies ( this kind, were experienced, which it was expensive to supph But the material supplies have all been made, and with the ex ception of a little lead, with which the iron cramps in some of th stone work, remain to be secured — the coping of the Owasc creek aqueduct — some labor required upon the feeder from Bu ternut creek — and two small embankments on the south side ( the canal, which have not heretofore been constructed only b( cause they were not decided to be necessary, until after m ter was admitted into the canal, the whole of the middle sectio has been completed. The expense of all these operations car not probably exceed three thousand dollars, and they will m obstruct the navigation, while they are going on. CANAL LAWS, &C. The side cut at Salina, is one mile and forty-three chains in 1320. length, and it was estimated, as is stated in our report of last v v ' , . 1 Mioa li winter, to cost $6,000. It has been entirely completed with great cut. fidelity and beauty, at an expense of $0,044 07 ; and being ad- ded to the middle section, which is near 94 and 1-2 miles long we have an extent of 96 miles of artificial navigation, commen- ced and completed since the 4th of July, 1817, at an average expense, per mile, including every thing, of si 1,792. In a canal of such length, passing through so great a variety of soils, and over such numerous streams, which afford the only possible channels through which several considerable lakes, in- numerable springs, and a very extensive land drain, will necessa- rily discharge their waters, and which are yet, from the extent of uncleared land adjacent to them, subject to great obstruction from an accumulation of float-wood, and of course, wherever these obstructions take place, to the pressure of a heavy head of water above them, and a current of proportionate violence below, it will not be prudent to calculate upon entire exemption from in- jurious casualties. A breach has been effected, and is now open in the north bank of the canal, at Oriskany, which it will take aBreachatOviv fortnight in the spring to repair. Other breaches may be ka " } * expected, though we have spared no labour in our power, which we deemed necessaay, to provide against them. And in addi- tion to the security which the whole line derives from the man- ner in which it is constructed and guarded, we have divided it into five sections, and assigned to each an experienced and vigi- lant superintendent, whose duty it is constantly to watch for it- safe keeping, and whenever danger threatens it of any kind, to use his utmost means to ward it off. The canal commissioners, during the past season, have limited their disbursements for all labour in the actual construction of the canal, to the middle section. But they have employed ex- ploring parties, on both the western and eastern sections. Be- tween the Seneca and Genesee rivers, Canvass White, Esq. as engineer, has had the charge of a party, which has been enga- lte * ged for several months in levelling over and surveying different routes for the canal line. These labours he has performed much to our satisfaction, and having presented a view of them to a meeting of our board, held in October last atUtica, we thereup- on decided in favour of the route originally explored between those rivers, in the year 1810 : and apart of this route having CANAL LAWS, &c, 1§20. first been definitively located, the acting commissioners, under * v^~- ' the authority of a resolution of the board, proceeded to enter into contracts for the construction of the canal, through about twenty miles thereof. That portion of the line which is let out, extends from the east bank of the Genesee river to the town of Palmyra, from which, to Seneca river, we hope early in the ap- proaching season, to place the whole line under contract. The zeal for engaging in this work has suffered no abatement ; many of the old contractors, and other persons of enterprise and re- sponsibility, have entered into agreements with us ; and very jnany respectable applications are yet ungratified. The terms of these new contracts are at least as favourable to the state as any heretofore obtained : and one of them requires that the whole work shall be completed by the first of September, 1821. These contracts are dated in December last, and several of them are now in the process of vigorous execution. Fatt From the Genesee river to the Seneca, at the western termi- nation of the middle section, there is a fall of near 130 feet ; and as every part of a canal line may be better located in descending than in ascending a country, it was deemed expedient to com- mence this operation, and the construction of the western sec- tion, at the Genesee river. This expediency was rendered more obvious by the consideration, that the place of crossing that stream, and the canal level there, admit of but little variation. 63 miles toiie At the meeting of the canal commissioners above alluded to, it constructed, j^g^^ t j iat w hj] e aDO ut 63 miles of the western section should be put in the course of construction, 26 miles of the eas- tern section also should be placed under contract. This distance extends from Utica to the foot of the Little Falls of the Mohawk river, embracing the most difficult places on that section, above the Schoharie creek. Eight miles of it will be made in continu- ation of the Rome level, which before exceeded fifty-eight miles in length ; and these eight miles have been contracted for at reasonable prices, by good men, some of whom are now at work upon them. V. Gill. Valentine Gill, Esq. has been employed as engineer, with the necessary assistants, to explore the country, in reference to the best establishment of the canal line, from Gannet's mill pond in Palmyra, with which the old level was connected, westerly to the Genesee river, at a point about twelve miles south of Rochester, and thence westerly to Buffalo creek. The easterly part of Mr. CANAL LAWS, be $5o Gill's line lias been rejected, in favor of the more northerly route ; 1 S20. but he thinks that a line from Rochester may be run southwest- v v * erly, so as to intersect with his line west of the Genesee river, and from the point of intersection be carried through the counties of Genesee and Niagara, to a junction with the waters of lake Erie, south of the village of Buffalo. The great objection to a south- ern route, through the Holland purchase, is, the fear of a defi- ciency of water to supply it, as such route must necessarily be carried far above the level of lake Erie. Mr. Gill's summit Level is about 94 feet above lake Erie ; but he is of opinion, that it ma \ be extended more than forty miles, so as to embrace the waters of Wescoy, of Allen's, of Tonnewanta, of Ellicott's, and of Little iBuffalo creeks, which he thinks, in the driest season, would fur- nish a copious supply. In a country so new, and of which a great part is still covered by standing timber, the interests of the canal require, that great precaution should be taken in the de- finitive establishment of the canal line. It will be proper that other examinations should be prosecuted through the country west of the Genesee river, previously to a final decision of the route. The maps and report of Mr. Gill are herewith present- Gill's map. cd. In discharge of that part of their duty which relates to the har- bor of Buffalo, the canal commissioners employed David Thorn- D. Than*, as, of Cayuga county, to make the necessary surveys, and report to them the result. This service has been faithfully rendered, and the practicability of the construction of a harbor there, at a moderate expense, seems to be sufficiently established. The re- port of Mr. Thomas, together with his map and estimates of ex- Thomas' mar pense, is herewith presented. Whether such a harbor, when it •is constructed, should be paid for out of the canal fund, it appears to us that it would be premature to determine, before the route and termination of the canal is definitively settled in that neigh- borhood ; and we do not consider the surveys which have vet been made, as affording all the information which is desirable in order to such settlement. At an early day of the last season, it was feared, that the amount of money subject to our order, might not be more than sufficient to complete the middle section of the Erie canal, and that part of the Champlain canal which had been commenced. Hence we determined to confine our expenditure to these parts of the canals, except to such sums as might be requisite to lit out ( ANAL LAWS, & 1S20. and pay the necessary exploring parties. Such parties, the le- v 4 gislature bound us to provide, for the examination of Buffalo har- bor and the Oswego river. And if the canals were to be con- tinued, it was obviously necessary that a part of their routes should be fixed beyond the limits contracted for, before those limits should be entirely completed. For, otherwise, a whole season would have been lost to these undertakings, in the course of which the public property connected with them would have been wasting, the most experienced and efficient contractors would have sustained great loss, in tools and other preparations made with a view to their continued engagement on the canals, and they must have betaken themselves to other employments. These results, and others equally pernicious, would have been in- evitable. The total amount of disbursements for exploring par- ties last year, is $8,400. -Fundi. But the unforeseen causes of expense heretofore indicated as unavoidably connected with bringing all our contracts to a close, have greatly exceeded our expectation : and we have been com- pelled to anticipate $122,500 of the funds of the present year. Our contracts upon the middle section were all to have been fully performed by the first of October last, and as soon as they were performed, all the monies earned upon them became due. If these sums had not been paid, every contractor would have been ruined ; and anxious as we were, from the most pressing considerations ; that of safety to the canal, which incomplete, would have been much more exposed to injury from the frosts ot the winter and the floods of the spring : that of economy to the contractors, who could not be expected to quit their work when they had nearly accomplished it, and afterwards return to it at great expense, because our disbursements were likely to exceed our estimates ; and that of duty to the public, who have a para- mount interest in having the canal navigable as soon as possible, in order that it may speedily produce profitable returns, we could not hesitate to incur the responsibility of such anticipation. The money was borrowed at six per cent, interest, and on the fifth ot January last, certificates of stock were issued by the commission- ers of the canal fund, to cover it. The interest of this money from the time of its beingloaned up to the time of issuing the stock, amounts to £1775 03, which sum we solicit your honorable body to authorise the comptroller to place to our credit, as we have paid it for the reasons above stated*. canal lav^s, Deduct $122,500 with the interest on loans of the preceding 1820. and present years, from $600,000, the amount of the permanent N v * legislative appropriation, and it will be seen that little more than $400,000 will remain applicable to the construction of the canals for the. ensuing season. From this sum a further deduction, which may be considerable, but of which the amount is yet unas- certained, must be made for the purchase of the rights of the western inland lock navigation company, with whose w orks we shall so interfere at Wood creek, whenever we fill our canal, as to render such purchase expedient. i After these deductions, we think the money remaining subject to our control, will not be adequate to the due prosecution of the canals. We therefore recommend, that so soon as the amount of money to be paid to the western inland navigation company shall be ascertained, according to law, it shall be paid by the commis- sioners of the canal fund in certificates of stock, to be issued by them for that purpose, and bearing an interest of five per cent. And we further recommend, that there be appropriated to the canals, by law, for the present year, in order to supply the defi- ciency of funds occasioned by the anticipation aforesaid, and in addition to the amount of stock last above mentioned, the sum of ■122,500 over and above the sums now appropriated to them. , As fast as the canals are rendered navigable, they will be liable Canal* wAj* to injuries of various kinds. The banks may be broken, the fen- 1 ces may be thrown down, the waste gates may be opened or shut improperly, the passage may be obstructed, and all the works may be defaced, and many of them essentially impaired, both by carelessness and by malice. We therefore recommend the pas^ sage of a law, imposing suitable penalties, for every injury to which they may be exposed. The experiments that have been attempted at navigation on our canals, have been entirely satisfactory to every witness of therm The novelty of seeing large boats drawn by horses, upon waters artificially conducted — through cultivated fields, forests and swamps, over ravines, creeks and morasses, and from one eleva- tion to another, by means of ample, beautiful and substantial locks, has been eminently exhilerating. The precision of the levels, the solidity of the banks, the regularity of the curv es, tin; symmetry of the numerous and massive stone works, the depth ,of the excavation in some places, the extent of the embankments i mother*, and the impression produced every where along thr CANAL LAWS, kc. 1520. line, by the visible effects of immense labor, have uniformly a£ ' v * forded gratification mingled with surprise. The ease with which the canals may be approached, and the facility of transportation on their waters, will recommend them to immediate and extent sive use. And every result hitherto ascertained experimentally, in relation to them, fully justifies the favor with which preceding legislatures have regarded them, and exhibits the most perfect and irresistible claims to the steady and liberal patronage of yoof honorable body. In reference to the Champlain Canal — Champ'ain During the last season the works on the Champlain Canal have been prosecuted with zeal and activity, by the several contrac- tors to whom they were committed. The locks, the waste weirs, the culverts, and the remaining parts of the excavation and em- bankment, have been so far completed as to render the canal fit for navigation. On admitting the water in December last, it was ascertained that both levels are perfectly correct. Deficiency of Owinp: to a deficiencv of funds, the canal has not been fenced : funds. ° and this, it is believed, is the most expensive part of the work which remains to be done. A towing path along the margin of Wood Creek is to be constructed. There are two places in the vicinity of the village of Fort Ann, where the canal passes on the slope of a clay hill, and where the earth below the canal showed a disposition to slip after the canal was filled with water. Measures were immediately taken to secure those slips, but the work was arrested by the frost before it was completed, and it will be necessary to finish it as early in the spring as practicable. The banks of the canal admit but very little water to escape through them ; and it is believed that the solidity and compact- ness which they will have acquired in another season, will ren- der them impervious to water. The supply of water on the sum- mit level has answered the expectations which had formerly been indulged, and it is believed, that with ordinary seasons, a feeder will not be wanted in many years. Although the market at the present time is unfavourable for the lumbering business, yet from the best information which can be obtained, it is expected, in rase no accident should happen to the canal, that nearly half a million of boards and plank will be passed through it the en- suing season. CANAL LAWS, &e* 457 In the report of the ISth March, IS 17, the construction of the 1S20. canal, from the lake to the Hudson, was estimated to cost v v— J $250,000. This estimate was made on thesupposition,thatthecanal should be " thirty feet wide at the surface, twenty feet at the bot- tom, and three feet deep ; and the locks to be seventy-five feet long 1 , and ten feet wide in the clear." Since that period, for rea- sons which are assigned in the report of the 31st January, 1818, the canal commissioners determined to enlarge the dimensions ~ . . of the canal, so that it should be forty feet wide at the surface, twenty-eight at the bottom, and four feet deep, and the locks to be ninety feet long and fourteen feet wide in the clear. This enlargement of the works added about one third to the cost of construction, and the original estimate increased by the same ra- tio, would be $333,000. There has been paid already, towards the construction of the orks, $232,208 86, and on account of appraisements which Amount paid, ere not included in the original estimates, the sum of $33,870 49. The additional expense of fencing the canal, and finishing all the works, will not, it is believed, exceed $25,000 or $30,000, so that this section of the canal will be constructed for $255,000 or $200,000, a diminution from the estimate of more than twenty-eight per cent. In order to prevent any unjust impression from being made Notices of by the preceding statement, as to the comparative economy with ex P eDse3 ^ - which the middle section of the Erie canal has been constructed, it ought here to be observed, that when the original estimate of the expense of opening the Champlain canal was made, there were no such data of minute calculation before the Commission- ers, as were furnished on the middle section of the Erie canal. — From Utica to the Seneca river, the aggregate expense was made up of a separate valuation of the cost of every mile, that is, there was a distinct estimate for every mile of the grubbing and clearing, of the number of cubic yards of excavation, and of embankment, with the price per yard of each, and of the bridges, culverts, aqueducts and locks, wherever they were deem- ed necessary. While on the Champlain canal, it was necessari- ly otherwise from the character of the returns made by the en- gineer. Col. Garin. These returns did not enable us accurate- 58 458 CANAL LAWS, fcc. 1820. ly td calculate the quantity of excavation or embankment, the ' number of aqueducts, culverts, waste-weirs or bridges. DE WITT CLINTON, STEPHEN VAN RENSSELAER, SAMUEL YOUNG, MYRON HOLLEY, HENRY SEYMOUR. Albany, 18th Feb. 1820. Ordered, That the same be referred to the committee on so much of the speech of his Excellency the Governor, as relates to the western and northern canals. Local tas. XXXI. REPORT OF CANAL COMMITTEE IN 1820. In Assembly, March 14, 1820c Mr. Huntington, from the committee to whom was referred that part of his Excellency the Governor's speech which relates to the western and northern canals, and various resolutions and pe- titions pertaining to the same, reported : That, in reference to the resolution of the honorable the As- sembly, concerning the raising of a tax, on lands adjacent to the canals, and also the resolution concerning the disbursements of money exclusively upon the eastern section of the Erie canal and the southern parts of the Champlain canal, until the same are completed, they have requested the canal commissioners to com- municate to them such information as they possessed, on the sub- jects of the said resolutions, and have received from them, in an- swer to said request, the communication which accompanies this report. Having maturely considered that part of the said communica- tion, whieh relates to the local tax, the committee are of opinion, for the reasons therein stated, in which the canal commissioners are unanimous, that it is inexpedient, at present, for the legisla- ture to take any measure relating to the raising of the said tax. On the subject of directing the places on which the monies to bo first laid subject to the control of the canal commissioners shall be first laid out, the committee perceive that there considerable diver- CANAL LAWS. *c<_. toft shy of opinion. They understand, however, that, without the 1820. interference of the legislature, it is intended that all that part of v «r — * the western section of the Erie canal, which extends from Seneca river to Genesee river, being about sixty-three miles, and all that part of the eastern section of the same canal, which extends from Utica to the foot of the Little Falls of the Mohawk, being about twenty-six miles ; and all that part of the Champlain canal, which extends from Fort Edward, on the Hudson river, to the lower end of the Saratoga level, being about twenty-seven miles, shall be divided into small sections, as soon as may be, this sea- son, and let out to contractors simultaneously. The committee have attended to the suggestions in favor of the resolution, concerning this subject, as well as to those against it ; and after much deliberation, they have found themselves un- able to come to a decided result. It is probable, that the differ- ent theories, as to the advantages to be expected from adopting that course of expenditure, to which the board of canal commi - sioners are inclined, or the course indicated in the resolution of the Assembly, will be essentially illustrated by the experience of the approaching season. And the committee deem it expedient to wait for the benefit of such experience, before they interfere, in any way, to counteract or control the plans of the canal com- missioners, who have hitherto managed their business with suc- cess. To George Huntington, Esquire, Chairman, §*c. Sir — Your letter, requesting from the canal commissioners any Letter from information which they have to communicate relating to the sub- j^ jffL^ ject of two resoUuions of the honorable the Assembly, referred to the committee of which you are the chairman, has been duly received, and we now transmit to you the following answer* thereto. The first of the said resolutions is in these words — "Resolved, That the committee on that part of the speech of his Excellency the Governor, ' concerning the western and north- ern canals, and the repeal or modification of the local tax on lands adjacent to them,' be instructed to inquire into, and report upon, the expediency of bringing in a bill, requiring the canal commissioners, during the present year, to raise the sums, and in *he manner required in and by the seventh section of the act. entitled 'an act respecting navigable communications between the great western and northern lakes and the Atlantic ocean, ' 40.0 CANAL LAWS, &< . 1820. passed April loth, 1817, and in pursuance of the latter paru- * ^ — i g ra ph f t he fifth section of the act, entitled ' an act concerning the great western and northern canals,' " passed April 7th, 1819. 1st. The inconvenience and expense of collecting such a tax, a/ford very strong reasons against the expediency of it. Previous to its collection, it would be necessary to have the district on each side of the canal to which the tax should apply, accurately surveyed and bounded ; and as the canal line waves into frequent curves, of different lengths, the labor of ascertaining and designating the outside limits of this district v/ould be very great. If the tax were to be levied upon towns or counties, or other territorial divisions, of which the limits are precisely known and described, this survey would be unnecessary. Under those sections of the canal laws, which refer to this subject, as they now stand, it would be unavoidable. The task of apportioning the tax upon the lands and real es- Localtax. ^ate subject to it, would be exceedingly burdensome : for, in or- der to this, the lands and real estate must be separately assessed ; and this assessment could not be judiciously made without pos- sessing an accurate description of the property, and a thorough knowledge of all the local circumstances which could affect its value. The extent of the business of collecting such descrip- tions, and inquiring into and understanding such circumstances, will be best appreciated by considering, that the length of the Erie canal is 353 miles, And that of the Champlain canal 61 do. In all, 414 miles. The number of the different owners, and the various kinds of property subject to the tax, included within a territory four hun- dred and fourteen miles long and fifty broad, and stretching through the most populous part of the state, need only to be mentioned to impress every mind with the conviction, that the labor of making such assessment would be enormous. And this labor could not be saved by adopting the assessments made un- der the authority of the different towns included within the taxa- ble list ; because it is well known to those who have had much to do with town assessments, that there is great inequality in the valuations of property in different towns of the same county, and still greater inequality in the valuation of property in the differ- ent counties. These inequalities have been heretofore complain- CANAL LAWS, toe. Joi of, and elforts ha\e been made to correct them since the im- 1820. sition of a state tax. [f this local tax should be enforced, the v^-v-^ amount of it upon a part of our citizens, being much greater than any state tax heretofore levied upon them, would induce them to urge a new assessment, to be applied upon uniform prin- ciples, to all the lands and real estate subject to the tax. And, as a line, twenty-five miles, on each side of the canals, would in- evitably necessitate new assessments of portions of farms and 3th er real estate, which would be divided by such line, that cir- cumstance would so fortify the claim of these citizens as to ren- der it irresistible. But if the town assessments should be adopted, the labor of Assessment apportioning the tax upon the lands and real estate required to Day it, according to the benefit which they shall be considered jy the canal commissioners as deriving from the making of the :anals, would be equivalent to that of the assessment. It would nvolve the same necessity of particular and separate descriptions ,}f every kind of property subject to the tax, and a much more Bifficult estimate of the circumstances which might be supposed lo give that property value — more difficult, because such esti- mate must be made without the light of experience, as to the proportion in which the benefits of the canals will be conferred 'ipon property in their vicinity. But let us suppose that the multiplied details of assessing the broperty, and apportioning the tax, had been entered upon and rpne through with, the canal commissioners are then to make hules and regulations for collecting the tax, which may be done by sale of the lands and real estate, or otherwise ; nothing more being Necessary to make these rules and regulations of the most binding md effective authority, than the sanction and approval of the chan- cellor and judges of the supreme court, or a majority of them. The delegation of authority so extensive as that of making rules ind regulations, which, by the letter of the law under which they Me made, may produce the transfer of a part of the real estate of half this community, appears to be very exceptionable. No- hing but the strongest necessity could justify its exercise by any jody but the legislature. When these rules and regulations are made, and the assessment oils completed, containing exact descriptions of all the property Coltectors - axed, the valuation of it, and the amount of tax apportioned to *ach individual on it, then n numerous bodv of collectors are to CANAL LAWS, &tc. 1820. be appointed, who must give adequate security tor the faithful s v 'performance of their duties respectively, and be required to make returns on or before a certain time, of all the monies collected by them. These returns must be made to persons of fidelity and competent intelligence, who must carefully examine them, and who will, most assuredly, find them very incomplete. After the labor of many successive years, to perfect the assessment rolls, for the purposes of ordinary town and county taxation, the de- scription of property is generally very imperfect, and arrears are often charged upon it, from year to year, for the want of such a description as will serve for its legal conveyance. And it is no- torious, that the amount actually collected, always falls far short of the sum directed to be collected : but as the system ot taxation, for these purposes, is in uniform application" every year, there are various ways provided by law by which the defects and er- rors of one year are supplied and corrected in succeeding years. It is certain, that the assessment rolls for the local tax, and the returns of the collectors thereof, would be more defective and erroneous than those of common collectors, and the errors and deficiencies in their case could be remedied only by the labor of a new assessment, apportionment and collection. The inconvenience of this mode of raising money would soon be apparent to every body, and it would become justly odious. It would also be oppressive : for the great number of persons whom it would employ, and the responsibility and duration of their services would necessarily lead to great expense. All these services must be reasonably paid ; and wlfen the money raised in this way should be counted, and the accumulated services re- quired in order to its collection should be paid for and deducted, it would probably be found, that not more than half of it would remain applicable to the construction of the canals. * Local tax. Before the provision for a local tax was adopted, in 1817, a joint committee of the legislature made an elaborate report to the Assembly, in which they manifest their opinion, that such a tax should be eventually levied from every section of the state, which it was believed would derive peculiar benefit from the ca- nals. The report alluded to, is dated 19th March, 1817, and the following is an extract from it, to wit, " A tax to be laid upon the valuations of real and personal property, in the coun- ties, cities or towns, which will be particularly benefited by the construction of these canals, of from one third to three fourths CANAL LAWS, fee. >t'a mill upon a dollar. And the places to which this tax should ipply, and the proportion of its application to each, your com- nittee think should be as follows : New-York at £ mill on last year's valuation amount- ing to Albany and Watervliet at J mill on do. The towns of VVaterford, Stillwater, Saratoga, North- umberland and Moreau, in the county of Sara- toga, at I mill do. All the towns of Washington county, excepting Cam- bridge, Jackson and Whitecreek at \ mill do. The county of Essex at i mill do. 469 1820. Local tax pro postd. $41,037 4,776 Clinton Montgomery Herkimer Oneida Madison Onondaga Cayuga Seneca Ontario Genesee Niagara Chautauque The city of Troy The village of Lansingburgh do. do. do. do. do. do. do. do. do. do. do. do. do. do. 1,762 2,672 706 1,135 2,593 1,914 7,098 3,408 2,869 3,647 3,066 11,203 5,834 2,373 647 800 180 That the places above enumerated, and not included within limits of twenty-five miles, on each side of the canals, w ill specially beneiited by these works, cannot be doubted, and ifore it appears just, that if a local tax upon lands and real ite is to be imposed at all, it ought to extend to them. But there is now a local tax paid to a large amount, by all the intry parts of the state, in the vicinity of the Erie canal, to :h the law applies. The tax referred to, is the duty of twelve a half cents per bushel, on all salt manufactured in the tern district. This duty amounted in 1817 to " 1818 " " 1819 " $2,926 28 48,784 27 61,432 11 Silt tai. In all. $113,143 66 CANAL LAWS, to 1820. nearly double the amount of all the interest paid on monies loan-, — v ' ed by the state for both canals. The amount of such interest paid in 1817 was $6,000 " 1818 " 16,250 " 1819 " 38,836 64 In all, $61,086 64 The duty on salt is paid cheerfully, and it is of easy collec- tion. The places at which it is manufactured are all so con- veniently near the line of the Erie canal, or the Salina side-cut, as to enjoy all the facilities of transportation afforded by them. These facilities will immediately lessen the expense of fuel, at the salt works, which will produce a proportionate diminution in the price of salt there. And, as by means of these canals, and the waters with which they connect, the same boats will be able to pass, early in the ensuing season, without unloading, all the way from the saltworks to Schenectady, on the one hand, and to the southern extremities of the Cayuga and Seneca lakes, on the ijther ; it is certain, that the market for this article w ill be at once greatly extended, and of course there will be collected a pro- portionate increase of duty. And this consideration seems to render a resort to a local tax, upon lands and real estate, at pre- sent, altogether inexpedient. 2d. A compliance with the resolution is at present, absolutely impracticable. The 7th section of the act, passed April 15th, 1817, and re- ferred to in the resolution, makes it the duty of the canal com- missioners " to raise the sum of $205,000, to be appropriated towards the making and completing the said canals from the Mo- hawk river to the Seneca river, and from Lake Champlain to Hudson river, by causing to be assessed and levied, in such man- ner, as the said commissioners may determine and direct, the said sum of $250,000, upon the lands and real estate lying along the route of the said canals, and within twenty-jive miles of the same on each side thereof." And the 5th section of the act, passed April 7th, 1819, also referred to in the resolution, suspends the raising of the money directed in the 7th section aforesaid, until the further order of the tegislature thereon, and provides " that whenever the legislature shall direct the assessment and collec- tion of such tax, a similar tax shall be assessed and collected, on the sections mithomsed by this art. and on the like principle as tffi CANAL LAW S, S., 4 b j tared in said 7th section. " The sections of the two canals, an- 1S20. horisedtobe made by the act 7th April, 1SH>, were both the east- v < * rn and western sections of the Erie canal, and all that part of the Jhamplain canal, which extends from Fort Edward, down the find- on river, to its navigable waters. Now the line of the Erie ca- al, through all that part of the western section, lying between renesee river and lake Erie, is not yet located ; neither is the ine of that part of the eastern section, w hich extends from the western limits of Herkimer county to the Hudson rivet ; nor the outhern extremity of the line of the Champlain canal. In all •laces where the canal line is not yet definitively established, the istrict of country from which the tax should be levied, is not et ascertained, a compliance with the resolution, in respect to uch places, is therefore at present, obviously impracticable. The second of the said resolutions, is in these words, — M Re- R C io!utioo>. olved, that the said committee also inquire into, and report pon, the expediency of directing the canal commissiou- rs to apply the funds, under their control, in constructing he northern canal, and the western canal, from Utica to the ludson, and of delaying the construction of a canal west of Sc- cca river, until the northern canal, and the western canal from Jtica to the Hudson be completed. After much inquiry and deliberation, it is believed to be whol- y inexpedient to subject the canal commissioners to the direc- iod mentioned in this resolution. 1st. Because about twenty miles of the canal west of the Sr- R( , aJO „. eca river, have already been contracted for to individuals, all of a ? ain -' t r r hom have been at great expense, in making the necessary pre- parations for prosecuting their contracts ; and most of whom ave been, for some time past, with several hundred hands, aciu- lly at work upon them. These contracts were entered into, un« er the authority of the canal laws ; and the expense of their ill psrformance, will probably exceed $200,000. of which Be- eral thousand dollars have already been earned, by labour laid »ut upon them. Under the sanction of the legislature, to violate contracts, thus egally made, could be justified only by the most pressing con- iderations ; and in this case, besides involving a breach of pub- : c faith, and the disrepute of legislative instability, it would b< loing the greatest injustice to the contractors, linlfSl heavy dania- res were paid them. 460 ( ANAL LAWS, &c. 1S20. The expense of preparation, in building the necessary huts for — v \ the men, and shelters for the cattle, in purchasing spades, shovels, picks, wheelbarrows, ploughs, scrapers, chains, crowbars, carts, horsing-blocks, wheeling-planks, axes, grubbing-hoes, wheels, screws, pike-poles, ladders, cranes, horses, oxen, corn, oats, hay, flour, meat and vegetable, and of transporting them all to the scene of labor, is by no means small. The advances made on the middle section, for these purposes, was generally from $300 to $2000, to each contractor, depending upon the extent of his contract. West of the Seneca river, no advances were made, before the commencement of the present year, because the com- missioners had no funds in their hands, for such purpose, before that time ; and but few advances have been made there since. The expense of preparation, nevertheless, has been incurred. And this expense, together with that of the labor laid out on the jobs, would, in a great measure, be thrown away. — But the loss of this expense and labor, and the disappointment and chagrin : of the contractors, would not be the only evils produced by this course. The owners of the land, through which the line of the canal is carried, while the work is in progress, are subject to many incon- veniences. Their fields are thrown open, or their fences are new Trees ^ a *^' ^ or t em P orar y security, while the work is going on. The trees, throughout all the woodland, are grubbed up and cleared away, or felled, for the width of eight rods ; and out of these trees, timber is cut and hewed, for the foundation of the locks, aqueducts, culverts and waste-weirs, and for constructing the road and frame bridges, aqueducts and fences. Embankments are commenced across the ravines and vallies, which afford channels for the streams and springs. And while these em- bankments are incomplete, new channels are provided in many 1 cases, which subject the adjoining lands to more or less hazard of injury. Wherever excavation is begun, drains must be open- ; ed, which will naturally discharge all the water running into the I excavation. And, in times of heavy rain, this will be in such quantity, wherever the line of excavation is long, and the drain i from the land into it extensive, as to produce torrents of sufficient power to gully and deface the ground below. The accumulation of mischiefs, which would surely result, from leaving any considerable portion of the canal line unfinish- j etr m and novel as these canals, it is most prudent and safe to encounter the places of least difficulty first, and afterwards proceed, with every attainable advantage of experience, to the places of greater difficulty. From the report of the canal commissioners, dated the 17th February, 1S17, it appears that the whole expense of opening the navigation from Seneca river to lake Erie, is esti- mated at $1,7S3,8G2. Divide this sum by 103, the number of miles, as measured on the canal line explored in IS16, between those two places, and it will be found that the average expense per mile is $10,944. In the same report, the estimated expense of the canal, from Utica to the Hudson river, is stated at $2,007,457, which, divided by 98, the number of miles as mea- sured on the canal line, between those two places, shows the ex- pense per mile to be $2 1 ,090. This difference in expense, was in- tended to be a correct indication of the difference in the difficulty of constructing the canal through the two sections. And it ought always to be remembered, that in proportion to the diffi- culty of making a canal, in any given places is the chance of expensive contingencies there, even after long experience in the business of making canals. With little experience these chances would be greatly increased. The canals have hitherto gone on prosperously. Let us not check their progress, by imprudence. And no one will deny, that a large amount of unforeseen expenses, in councction with occasional miscarriages, would essentially impair the energy, alacrity and sound discretion, to which the public anxiously looks for the entire accomplishment of these important projects. 3d. Because, by proceeding immediately w ith the Erie canal, \ J. u west of the Seneca river, the ultimate entire construction of both b€allowet CANAL LAWS, kc. 1820. canals, is ensured ; whereas the application of the funds announ- ^* v ' ced in the resolution, would subject the canal line, west of the Seneca river, to the hazard of eventual abandonment. If the Champlain canal were now finished to the tide waters of the Hudson, and the eastern section of the Erie canal were completed, it is obvious that the most direct and apparent local advantages of these works, would be secured to a majority of our popula- tion. Every facility of transportation and mutual intercourse, which the canals would ever produce, would then be enjoyed, by all our citizens, from the mouth of the Hudson, to the northern extremity of lake Champlain, and from the eastern boundary of our state, to the borders of Ontario county. Thus situated, it would perhaps be calculating too much up- on the foreseeing wisdom, or public spirit of any set of men, to expect them to advocate, or contribute to, the disbursements ne- cessary for the continuance of the canal one hundred and sixty three miles, through a country, which is now averred, by those, who think they have a local interest in opposition to the canal, to be sufficiently well accommodated for navigation, by the wa- ters of Lake Ontario. Men of narrow minds and selfish spirits, General ar- would be disposed to argue, from the income then derived from voui^ftheca-that part of the canals, which would be navigable, on the capital expended in their construction, to the profit which ought to be anticipated from their entire completion. And this argument would have seeming weight with such as, not having meditated on the subject much, would be awkward to comprehend the in- teresting truth, that this state can never enjoy a tenth part of the advantages of the Erie canal, till the tide of inland com- merce, of which it is to be the channel, is permitted to flow, without a mile of portage, from the great lakes to the Atlantic. The great fear entertained by the friends of the canals, since its practicability has been experimentally demonstrated, has been founded upon the influence of local feelings, and the deluded calculations of local interests. And it cannot be reasonably imagined, that the way to remove these fears, is to increase the territory over which such interests are likely to prevail. The plan of operations adopted by the canal commissioners, of ad- vancing with the Champlain canal to the foot of the Saratoga level, and of hastening the construction of the western section of the Erie canal, while they address themselves more gradually to ?lie difficult places on the eastern section, seems to romport bet" ( ANAL LAWS, to ter than any other, with prudence, and with an earnest desire of 1820. seeing the whole works completed, within the shortest time, and s v with the least possible drawback from unfortunate contingencies. While the works are prosecuted in this way, much useful expe- rience will be gradually acquired, without the danger of serious and expensive errors. And no man can, for a moment, con- ceive, if a canal communication was all the way opened from Lake Erie to the Little Falls of the Mohawk, or to the city of [Schenectady, that any physical difficulty now existing, or polit- ical considerations which might be conjured up, could then be •able to withstand the force of that command for its extension to the Hudson, which would issue from every district, county and town, in the state. 4th. Because, the state has abeadv obtained three valuable 9 Gran? "' ^ > and J Ureir, ^donations of land, from the country west of the Seneca river. Paol Bprt,>nd for the increase of the canal fund, to wit : a i on3 ofiwd. that of John Greig, Esq. as agent for the Hornby I estate, of o,000 acres. f the state, have also some claim to invite the expenditures of unds in the west. It would doubtless give great impression, to he recommendation of neglecting for the present, the western lart of the canal line, and of confining the disbursements of noney, exclusively to the Mohawk and Hudson rivers, if those, vho live in their vicinity, and enjoy all the gifts of fortune, were o enlarge the canal fund by similar liberalities. ' 5th. Because the resources of the state to complete the ca- bals, would probably accumulate in greater ratio, compared with 470 CANAL LAWS; &c« 1820. the expenditure, by going west, than otherwise. To evince this v v ' probability, the following facts and considerations are suggested. Whenever, in its progress from Seneca river west, the canal reaches the Genesee river, that stream will afford an additional navigation connected with it, for the distance of near forty miles; that is, by making sixty-three miles of canal, at about half the expense per mile, at which ihe eastern section is estimated, the state will have the benefit of one hundred miles of interior navi- ducdon9 U ofOn*S at ^ on ' through a country, at least as populous and productive tario county, as anv other of equal extent in the state. The surplus productions of Ontario county alone, have been reckoned as high, in some seasons, as $600,000. And by the published statements of the collector of the port of Genesee, it appears that the export from the mouth of that river, of articles growing and manufactured in that neighbourhood, for the last two years, has been to the value of about $900,000. From the Genesee river, on the most northern canal route, about seventy-two miles running west, will lead to the waters of the Tonnewanta creek. These waters flow into the Niagara river opposite Grand Island : and as they are deep and still, from the point where the canal will intersect them, to the place of their discharge, as soon as the canal reaches them, they will af- ford a navigable communication with Lake Erie, obstructed on- ly by the current of the Niagara, which is very gentle, except at Black Rock. Immediately after this consummation is effected, that great revolution, which the construction of the Erie canal is destined to produce in the trade, agriculture, manufactures, wealth, political influence and public character of this state, will begin speedily to develope itself. The difficulties presented at Black Rock, and thence to the Tonnewanta, may be overcome Certain ex . at leisure. The expense of overcoming them was originally pcnse compu- computed by the canal commissioners, at $205,877. Of this sum about $10,000, would be required to make a dam and tem- porary lock of a little more than four feet lift, near the mouth of the Tonnewanta creek, which would be necessary, in order to prevent a more expensive operation of deep cutting from the said creek northerly through the mountain ridge, and, in reference to the ulterior purpose of obviating the impediment of the Black Rock rapid. In deciding upon the relative profit of first taking up the eastern or western section of the canal, the residue of this sum ought to be deducted from the aggregate of estimates, west of CANAL LAWS, fee 171 tiie Seneca river, because its disbursement might be postponed, 1 82a to all the other expenses of constructing the canal. For so soon v v ' as the navigation is opened to the Niagara river above the falls, the grand object of a navigable communication with the entire ake country will be secured, and that, in such a way as will ef- fectually induce that country to make us the most acceptable and irofitable returns. Before endeavouring to give some outline of the wide field of CommIm*. ntemal trade, which a boatable connexion with Lake Erie, would ll0n, ' &u iflbrd us, it may be useful to state more of the advantages which *e should derive from opening the western section of the canal, n preference to the eastern, without adverting at all to e.vti rior erritories. This course would speedily enhance the value of the donations ft land to the canal fund, and render them all absolute. If the larbor required at the east end of Lake Erie, should be con- ducted in one of the modes proposed, to wit : by building a dam rom our shore below the Tonnewanta creek, to Grand Island, nd then connecting that island, by a wall of timber, earth and tone, with Bird Island, at the foot of the lake, the state land on ie margin of the Niagara river, and Grand Island, would, at nee, become more valuable than any other equal quantity in the estern district. The dam and wall would afford a perpendicu- ir head of water, that could never fail, of near five feet, for the ?ngth of about three miles, at the very place where hydraulic stablishments would be more valuable than at any other in th»- hrited States. And if any other plan of a harbor is adopted, value of these islands will be essentially increased. In all cases the construction of good roads and canals from irge commercial towns, into any interior country, afford all their nefits to a range of that interior country, which constantly wi- s as the distance from the towns increases. In other words, D a canal, at a point twenty miles from the market town, to hich it leads, the farmer would perhaps find a saving, in traus- ortation, by bringing bis produce to the canal, from a distant • f five miles ; while, at a point two hundred mile- from the town, e would find a saving, in transportation, by bringing his pro- luce from a distance of iifty miles. On the Erie canal this frinciple has a striking application. The width of country to fe benefited by this canal, in it> advance west from Albany al- ii} S increases, but not exactly in proportion to the distance - CANAL LAWS, fee. 1820. From Albany to Utica, that width increases slowly, while (run* Utica to Lake Erie, it increases rapidly. If the canal were complete, no one would doubt this. It holds good, in a great de- gree, of the western section, before the whole is completed. — Besides, as the canal is carried west from the middle section, it will not only invite to its use the surplus produce of a more extensive region, but every ton of property, which it bears to market, will pay toll for a much longer distance. It is certainly good economy, after large expenditures ha\ been made, in the prosecution of any enterprise, with a view t pecuniary profit, to lay out succeeding expenses, in such a wa as will render the first most productive. A given number of ton transported from Seneca river to Albany would pay twice much toll as they would from Utica to Albany, even if naviga tion extended throughout the whole distance. And it is material here to remark, that the whole length of the eastern section must be finished, before much profit can be derived from using any part of it. This section runs along a stream, which, with the improvements on it, now presents a parallel and continued navi- gation, for eighty miles. For descending transportation, this na- vigation is very valuable, during a great part of the year. The tolls on the canals and locks which constitute a part of it, for lading, in general, is $5 25 per ton, charged both ways, be- sides a charge on the capacity of the boat, of $4 31, for one carrying ten tons, and thirty-seven and a half cents for every additional ton. After the state becomes the owner of these ca- nals and locks, and takes off, or essentially lessens the exorbitant toll at present imposed on the passage of all kinds of property through them, as it certainly will do, this season, the value of this navigation will be exceedingly increased ; for it may be used by boats coming all the way from the remotest western limit to which the canal may be completed, to Schenectady, without changing their loading. And it is well known that the amount of tonnage annually carried down the valley of the Mohawk, is at present, but a small part of that which is carried up. For the introduction of salt and plaster to market as far down as Sche- nectady, this river is almost equal to a canal. After our great work is done, it will be forever abandoned. But why incur the expense of $2,067,457, in constructing this section, while there is now an easy connexion with all the useful part of the river, from tli at portion of the canal, winch is completed, and while. CANAL LAWS, &c. 47;> without the construction of the western section, the advantages 1820. anticipated from this would be but very partially exhibited? Be- V cause a river is not navigable throughout, or not so convenient, where it is navigable, as a canal would be, shall we altogether disdain to use it? Let us now attend to some facts, that are calculated to illus* trate the subject of the inland trade, which we may hope to de- rive from the immediate construction of the western section of the canal. These facts will be very miscellaneous, but they are believed to be stated on good authority. By an official statement from the collector's office in Detroit, Vessels at De- dated in 1818, it appears, that there were then owned, at that tr0lU place, and on the United States side of Lake Erie, 51 vessels, of wjrich the aggregate tonnage was 1867 and vessels of less than ten tons burthen, of which the ag- gregate tonnage was 201 In all, 2068 The amount of tonnage owned by the British on the same lake is not known, but is considerable. During six weeks, in the year 1818, the number of boats load- ed with the produce of the country, chiefly our own, which passed down the St. Lawrence, were counted, near its head, and they averaged fifteen a day, for that time. The north part of the state of Ohio is favored with numerous rivers, which afford navigation southward into the country, from ten to forty miles; and on the margin of several of these streams, ^jjjjj Ston " inexhaustible quarries of excellent grind-stones are opened, which now supply the demand for that article, in our state, for one hundred miles east of Buffalo, notwithstanding the expense of land carriage. And on rocky river, within half a mile of its Coal mine - navigation, there is an excellent coal mine. The manufacture of pot and pearl ashes, in that state, is con- siderable, and it would be much increased by affording to them lt and Pe8li the facilities of transportation, which would be offered by the Ashes - construction of the western section of the Erie canal. For they would avail themselves of these facilities for the Montreal market, by coming through the canal to the mouth of Genesee river, and for the New-York market, by coming through the ca- nal, in the same boat, from Buffalo to Schenectady. With the 6r> 474 CANAL LAWS, &c. 1820. destruction of their forests, the foundation of this trade is rapid- K^*v^S ly passing away. The soil of that state is well adapted for pasturage, and the Ohio. ' " raising of wheat and Indian corn ; and its exports of flour, beef and pork, are fast increasing. Some of these articles are sent west, for the supply of new settlements ; some are sent to the United States' garrisons, on our lake frontier, and several thou- sand barrels have been sent, last year, over the portage of the Niagara river. The imports of that state are, by the way of New-Orleans, Baltimore, Philadelphia, New-York and Montreal. The great- est portion of these imports are from Philadelphia, by the way Imports into °^ Pittsburgh. A very able pamphlet, published in 1818, at " Wo * Baltimore, on the subject of t^e communications propose^ be- tween the Atlantic and western states, contains the following, to wit : " A computation has been made, in Philadelphia, that ten wagons, on an average, leave that place for Pittsburgh every day, loaded with an average freight of $200. This gives for the annual amount of the freight, $780,000. If we take eight dollars to be the average price of freight, (which their writer states it is) then 8)730,000( will give 91,250 cwt. as the quanti- ty carried. It is difficult to fix an average value to this mer- chandize, but it is a low estimate, if we value it at $200 per cwt. round. Then 91,250 cwt. will give a gross amount of $18,250,000, the value of merchandize wagoned out, every year, from Philadelphia to Pittsburgh. Merchandize If this calculation, from data furnished at Philadelphia, sur- sent from Phil- . t , ~ . . f . .„ adeiphiato prise us, by the greatness of its amount, let us try how it will Pittsburgh. a g ree w j tn one? f rom data entirely different, furnished from Pitts- burgh. Henry Montgomery, keeper of the turnpike gate, at Chesnut Ridge, between Stoystown and Greenburgh, made an official return, from which it appears that there passed through his gate, during the year ending May, 1818, among other things, 281 four horse, 2412 five horse, and 2698 six horse teams. In order to make every allowance, we throw out the four horse teams entirely ; and to allow for wagons returning eastward- ly, we will take only half the number of five and six horse teams. This will give 2555 teams, which, on a moderate calcu- lation, must carry an average of 35 cwt. The wagons therefore going westwardly, carry 89,425 cwt. which, at an average of I ANAL LAWS, ki $200, gives the value of merchandise, transported to Pittsburgh. 1 820. 17,885,000." v^^w/ When the western section of the Erie canal is done, a large ^h*'^* proportion of this immense trade will not only be supplied from chandiw by $L ..... - the canal. New-York, but the articles of which it will consist, will be trans- ported through our canal, and by the imposition of a reasonable transit duty, they will contribute to the augmentation of our ca- nal fund. The people of Ohio feel a deep and lively interest in our canal, and they are every year seeking more extended com- mercial connections with us. Goods have been lately purchased in New-York, and sent thence to Albany in a sloop, thence to Buffalo in wagons, thence to Huron in a sloop, and thence one hundred and five miles into the country in wagons, at a less ex- pense than they could have been sent for from Philadelphia. And respectable men of this city, have recently advertised to car- ry goods from New-York, by way of Albany, and through the western district, to Pittsburgh, cheaper than the expense of car- rying them to that place from Philadelphia. The objection to this route has been the length of time it requires. But this ob- jection will be removed, or if not wholly, it will be more than counterbalanced, by further deductions of expense, when water carriage may be had from Schenectady to the south shore of Lake Erie. The impression arising from these facts, undoubtedly is, that a much more profitable result would be ensured to the state, by the construction ol the western section, so far as it respects a trade, in articles generally produced or required in the country, than would by the construction of the eastern section. But the articles of plaster and salt, furnished iu ii exhaustible Sa'tand grp- abundance along the line of the middle section, are of great im- sura * portance in settling the question of pecuniary profit, and of course, intimately connected with the best hopes of the friends of the ca- nal. How will these be affected by opening the western section ? 1st. Of Plaster. — The middle section of the canal, having this season a navigable connexion with the Mohawk river, when the tolls of the western inland lock navigation company are taken off or greatly reduced, the transportation of this article will be so cheap as to induce its beinii brought from the west, to supply the market as far down as that river is navigable. And it is most proba- ble that the country above Stillwater to the eastern limits of the state may obtain it from there, upon better terms than they can Piaster 476 CANAL LAWS, fcc. 1820. f rom ^ t) y ol h er quarter. It is believed that the plaister of the ' west may be afforded at Schenectady, whenever the tolls are ta- ken off from the Mohawk navigation, as low as four dollars per ton. At that rate 20 tons would amount to $80 Cost of a boat Xo wit i It would be delivered, in a boat, on the canal, 120 miles foad. from Schenectady, at one dollar and a half per ton. At this rate 20 tons would cost $30 The use of a boat sufficient to carry it, say ten days going and returning, at one dollar per day, 10 Three men finding themselves ten days, at $1 each, 30 One horse, for keeping and service, ten days, at $1, 10 In all, $80 But the horse's services would not be required on the Mohawk, and the hands are supposed to return with an empty boat, besides being one more than would be wanted, except in returning. — These circumstances show, that a reasonable toll might be im- posed, and yet the business at the price above mentioned, would afford a living profit. And the transportation could be carried on in boats of twenty tons burthen, more than two months in the year, — long enough to stock the market. West Pennsyl- Then, in opposition to the additional country to be supplied with that article from the west, by opening the eastern section of the canal, may be put in that part of West Pennsylvania, which may be easily approached from the waters of Allegany river. The country alluded to, is well adapted to the use of plaster, and now obtains it in small quantities, even at the price of three dollars per bushel. This plaster goes from our state, by the way of the south end of the Seneca lake, Bath and the Allegany river. When the canal is opened to the Genesee, it may be taken in boats from the quarry, to the foot of the Gardeau falls, on the Genesee, and thence by land to the navigable waters of the Alle- gam r , with half the distance of land transportation, to which it is now subjected. And this would lead to a considerable trade, in that article, with the counties of Warren, Venango, Mercer, Armstrong, Butler and Allegany. 2d. Of Salt. — The Mohawk river will afford the same facili- ties for the transportation of salt, that it will for plaster. And the market for this article may be extended further east by avoid- ing the cost of the barrel. For when it can be loaded at the works, into a boat, from which it need not be unloaded until it vama. Salt. I kNAL LAWS, <^ _es into the store house at Schenectady, it will 1>»' brought lere in bulk. From the extension of the market east, therefore, efore the eonstruetion of the eastern section, we may expect a reat increase of the revenue, from salt. The western country, south of the great lakes and north of iOuisville, is supplied with salt chiefly from the following pla- es, to wit : — From the Conemaugh works, in Pennsylvania, situated on a p e ^" 1 v a u d n ! a ,: ' reek, which falls into the Allegany river thirty-five miles above 'ittsburgh. The salt made at these works, is better than any ther made in the valley of the Ohio, though not so good as Onon- aga salt. It cannot be sold at Pittsburgh for less than $7 50 »er barrel. The neighborhood of the springs abounds in coal, , ,/hieh is obtained at little cost ; but it is necessary to bore three undred feet through rock to procure the w ater, and w hen procur- rid, it is not very strong. Last year, these works sent two thou- and barrels to Pittsburgh. The springs were but lately di— overed, in the examinations, w hich were induced by the scarcity . nd high price of salt in that country, during the war. The pro- prietors have not been able to make the manufacture profitable, l(ind the works begin already to be neglected. From the great Kanhawa river, in Virginia. These w orks p rio . f !a |, at 'iave been recently monopolized, in consequence of which, the ' irice of salt in their neighborhood, has risen. Shafts are sunk lere very deep through solid rock, for water, and after the water las been obtained at great expense, several springs have wholly ailed. The salf manufactured here, is of an inferior quality. It ' 's generally sold in large quantities, near the Ohio river, and ibove Louisville, at $6 per barrel. From Kentucky; in which state there are five places where Five MM** _ . tones ot salt in extensive manufactories of it are established. 1 hese are, at the fiHr*/. Upper and Lower Blue Springs, at the springs on Licking river, it the Big-bone-lick, at Dennon's licks, and at Bullet's lick. From these places salt has been furnished to the surrounding :ountry, at one dollar per bushel. The water is obtained stron- ger than that of the ocean, by sinking w ells from thirty to forty feet. The whole quantity manufactured in this state in 1810, was 324,870 bushels. I I From the state of Illinois; where about 200,000 bushels are ***** « annually manufactured, at the w orks of the United States on j re CANAL LAWS, be: 1820. Saline river. At these works it is commonly sold at sevent v — ■ ' cents per bushel. From the state of Ohio, in which there are salines, on the Sc: oto river and on Yellow creek. And from the state of New-York — In 1810, 17,400 barrels of salt from Salina, passed the Niagar portage, into lake Erie. " 1811, 20,000 " " M 1818, 26,000 " 1819, 29,000 " » Onondaga salt, Mr. Herger, a merchant of Cincinnati, last spring, purchase four hundred barrels of Onondaga salt, to transport and sell his place of residence. There were sent, of the same salt, to San dusky last fall, not less than five thousand barrels, of which part was carried to Columbus, the capital of Ohio, by land. An at the port of Erie, on the south shore of the lake of that name there were received from Salina, in the three years, ending 1st January last, 27,900 barrels. These facts prove that the people of Ohio, inhabiting both he northern and southern borders, are desirous of obtaining our sal: But the increase of their demand for it, under present circumsts ces, is very small. Not half so much of it is now sent to Pitt burgh, as there was ten years ago. Gen. Porter, one of the J< Niagara port- sees of the Niagara portage, in a speech delivered in Congress 1810, on the subject of internal improvements, having first m« tioned the Niagara portage, says, " on the south side of lake Eric in the state of Pennsylvania, there is another portage of fiftee. miles over an artificial road, from Presqu'isle to French creek, branch of the Allegany, and which is navigable for boats carry ing two hundred barrels. Over these two portages was sent, du ring the last summer, more than 100,000 bushels of salt, manu factured in the interior of the state of New-York, and transporte< through lakes Ontario and Erie, across these portages, and dow; to Pittsburgh, for the use of the inhabitants of the Ohio and it tributary streams. This salt trade was commenced about sevei years ago, and has been increasing ever since, at the rate of 2. per cent, a year. And if the great line of navigation, to which shall presently call the attention of the house, were opened, th» people of Ohio and its various waters, would be supplied witl that great and necessary article of life, fifty per cent, cheape than it now costs them." The inhabitants of the country refer / CANAL LAWS, fcc. 4t9 d to in this extract, have since that period encreased three fold, 18JO. : d yet the trade in salt, carried on from Salina with them, has v v ' llered great diminution. The expense of transportation from Pittsburgh to Louisville, ExptoMtf from forty to fifty cents per cwt. when the quantity is consid- ^|„|^ " able. And salt from Salina may now be afforded at Pitts- 10 irgh, as follows, to wit : ilue at Salina, including duties per barrel, £J xpense of transportation, thence to Oswego, commonly 6*2 j hence to Buffalo, including portage, 1 1J j hence to Erie, including storage, 50 hence to Waterford, including storage and portage, 50 hence to Pittsburgh in boats, 56 In all, $5 31 $ In the existing state of things, the expense of transporting a Expend ^ irrel of salt from Salina to Erie, according to the above state- ,ri ! n ' port t p r ' o -*«» 1 1 [TOM Si: ent, is $2 25. When the western section of the canal is made, l,a '° >: "°- may be carried in the same boat from one of these places to the her, as the boats which navigate tin- St. Lawrence, now pasi 3in that river to Oswego ; and then the price of transportation 'tween them will be diminished more than a dollar per barrel. I From these calculations, it is probable, that a barrel of salt jg ay be manufactured at Salina and sent to Louisville, on the hio, when the western section of the canal is made, for the sum ' five dollars. Throughout the valley of the Ohio, Onondaga salt is greath •efered to any other within their reach. And when it can be •Id, as low down as Louisville, at $5 per barrel, it will tak< ace of all other salt, in the market, from that place northerly, an it be questioned then, that an immense trade in it, will, at ice, spring up from the completion of the western section of the inal ? The reason why our salt is manufactured at so much less ex-o™.,,], ensethan any other in the United States, is, the water is much '» " m ronger than any other, and is procured in quantities that defy ie fear of failure, at very little expense. Its strength is such, at from a gallon of it may be obtained from sixteen to twenty - r x ounces of salt. The quantity of salt annually imported and con>umed in the \vtn**muu*- nited States for t the ltrary, if we commence it above that buildinir, the cn- P ' er * trance of the creek will be less protected from northwesterly storms ; and this view will be important, whether we consider die entering of vessels or the drifting of sand into the channel, ft appears that the direction of the gale shapes the gravel point, its course on W. Peacock's map, varies considerably from its iresent position. The reason given for locating the pier above the light-house, was founded in misapprehension. There is no appearance of sand or gravel having ever been brought down by Buffalo creek. In respect to the construction, 1 have doubts whether loose Stone in a pile, would withstand the violence of the lake. A gentleman of observation made the following remark, in reply o my letter : — " From many experiments tried at this place, (Pultneyville,) 1 am satisfied that loose stones cannot answer. — The force of the waves will remove them, even if very large ; ind those of a moderate size wilJ be taken several rods by the under toiv." One disadvantage of employing driven piles, is that the top st be as wide as the base. The quantity of materials to cou- ct such a pier, is great in proportion to the strength, for the ves dash with great violence against a perpendicular wall, but re they strike on a slope, the force is neither instantly nor 'holly applied. The exposed surface of the timber is also ve- great, as will be evident from an estimate of all the pieces which are necesjary to connect the piles together ; and though the sand would doubtless accumulate so much as to protect it near shore, yet much of the western extremity must decay be- fore it would receive that support, fri Believing these objections to be valid, I would propose that the pier commence at the light-house, and extend north 70° west (nearly in the direction of Towson's battery) as far as the sand lies on the bottom. I would recommend that cribs of round logs, be made to occupy the whole of this line, which, when sunk (and filled with gravel) shall only reach to the surface of ' f he water. At the surface, the width should be ten feet, and the > hase one foot wider for every foot of depth, the slope to be equal f on both sides. On the top of this structure. I would rccora- 484 CANAL LAWS, &c. 1820. mend cribs of similar construction, but of good white oak, the —nt— ^ sides of which should contract so as to leave only an opening of three feet at the height of six feet. These should be filled with stone, as the logs are laid, and connected by cross pieces, which, being covered by the stone, would render the fabric immovable. Long flat stones (which may be readily procured) should rest with one end on the upper logs, the other within the frame, slanting downward ; and large round stones from the beach, to be moved by tackle, be placed partly within the frame, like the I key stone of an arch. The advantage of having a foot way on the pier, it is believ- ed will not balance the expense. A lamp at the west end of the pier would be very useful to vessels entering in the night ; and as there would be smooth wa- ter within the pier, it would always be easy to approach it in a skiff. In constructing the larger cribs, two logs of 40 feet in length are first to be laid parallel on the water : close to each end ol these, a notch is to be cut on the under side, to receive two smai; logs, thus completing the parallelogram. Through these con- necting pieces, and 4 feet from the middle toward the ends, holef are bored, into which iron bolts, long enough to reach from the bottom to the surface, must be fastened. As the logs will easil) turn in the notches, the bolts can be laid down, and not incom- mode the workmen. On the two long logs, cross ones are laid close, to form a floor and the building constructed in the usual maimer, excepting tin slant, though partition logs in the middle, to strengthen the frame should not be omitted. Green timber, being so nearly of the specific gravity of water, the building, as it progresses, wijkrisf but little above the surface. A thick layer of brush witn tin leaves on, covering the whole floor, should be sunk ; and brus of the same description, should be placed on every side and em log, which, when pressed down by each upper log, will reticle the whole sand-tight. When holes are bored through the tw( last end logs, the bolts are raised, passed and keyed, thus con fining the whole frame together. Iron, under water in Lak Erie, is not injured by rust. As soon as the crib is thus prepared, and brought on the spo where it is to be sunk, (it should be built as near as possible, hrmh and gravel are filled in, in alternate layers : these materi CANAL LAWS, kc. als may be procured in the greatest abundance, on the adjoining 1820. shore. ^ s If the last layer be of brush, pressed down by the upper crib, the sand will not be washed out, as the brush which projects in- side from the chinks, bending down by the weight of gravel, will form a thick coating. As the lake rises with every gale, in proportion to the violence will be the depth of water over this part of the pier. The greatest rise of water is about four feet. The expense of this construction may be estimated in the fol- lowing manner : In thirteen feet water, the solid content of a crib would be 8580 feet. Deduct S90 for the partition logs and floor. Then 769/0 feet=60 cords of brush and gravel at $1 50 per cord, will— $90. It is presumed that this allowance for brush and gravel, will be ample : at a small expense, an apparatus can be constructed in a scow, so as to load the gravel from the beach, and to unload it .into the crib by borses and scrapers. It has been said that logs will cost 2 cents a foot in length ; but I consider the estimate too high, and believe that it might be ob- tained for one cent a foot. Computing these logs at 15 inches in diameter, each foot in length will be 1.22 cubic: 105 feet would make a cord, and $1.05 be the price. When timber in this country was not valued, the customary price of fire-wood was $1 per cord, though it was drawn two miles, but in these logs, much cutting, necessary in cordwood, is saved, and all the labor of cording. , Assuming that each log, with the chink will raise the sides 18 inches, we will have for both sides, IS logs, 40 feet long=T20. For the ends and middle, 24 logs, averaging 16 1-2 feet in length ; 26 logs, 23 feet long, for the floor; the two bottom logs, whirli will probably settle in the sand, with the two bolt pieces. In all, 1840 feet, $18 10 Bolt iron, 56 feet in length, 10 Labor of building the crib, common axe- men only being required, 10 Filling with gravel, as above, 90 $128 40 The upper part of the pier will require a separate calcula- tion. 486 CANAL LAWS, fee. 1S20. 8 logs ibrthe sides, each 40 feet long, oiO — v — — ^ 50 cross logs, average 8 feet long, 160 480=$4 80 The labor, no bolts required, 5 ^ The solid content of this part, calling the perpendicular height 8 feet, will be 1606, which, (deducting nothing for cross pieces) = 12 1-2 cords at $3 = 37.50. Stone of a good shape may be procured at the reefs, (which lie towards Fort Erie,) more easily than at Bird Island, as the distance as well as the current, is considerably less. Stone may also be gotten from the beach about two miles up the lake. It is deemed that $3 per cord is a sufficient allowance, as the high prices heretofore obtained at Buffalo, for materials and labor, is nearly at a close. An allowance for placing the upper stones, however, would be proper, and the whole expense of this part may be estimated at $50 for 40 feet of pier in length. The average depth of the soundings, taken by order of Joseph Ellicott, very near this line, was 7 feet. From several calcula- tions of the expense of constructing such a pier, in water of dif- ferent depths, I found the increase or decrease not to vary more than from 25 to 30 cents a foot. The estimate made of 7 feet, water may, therefore, be taken as the average : Thus, Solid content of the crib, 3780 feet, Deduct for partition and floor, 605 remains 3175, say 25 cords, at $1 50, $37 50 The side logs, (as the bottom will raise it one foot) will be 8 of 40 ft. $3 20 The floor of 26 logs, 17 feet long, 4 42 For theends and partition, 12 logs, 13 1-2 feet long, 1 62 Bottom log, with cross pieces, 1 14 In all, 10 38 $10 38 Iron bolts, 6 Labor of building, 6 59 88 Add for the upper story, including the filling, 50 Call the amount $110 for 40 feet, and we have $2 75 per foot for the average. CANAL LAWS, be Art The pier ought to extend 1 150 feet— $3,1 G2 50, without any WO* estimate for superintendence, which, with the proper allowance f r for contingencies, is submitted to the consideration of the eom- missioners. It is very important that the cross logs of the upper frame he variously placed, so that no one be placed immediately over an- other, in order that the stones may lie on these pieces, and render the whole immoveable. If doubts of the permanence of this part should arise, more cross timbers on the first log may be added, and by plank or small timbers on these, the whole weight of stone may be applied. The top cross pieces, at the ends of the frame, may also be fas- tened by upright scantling to the partition logs of the lower story ; but without this, I think it will be sufficiently ti\» {. No injury to the pier from ice is apprehended ; loose ice in great quantities is collected near the shore, but the force of the waves in heavy gales, extends but a short distance among these floating blocks. The current of the lake west of Buffalo creek, has been esti- mated from 1 1-2 to 2 miles an hour. I also received the following proposition- : 1 . To make the harbor at Black Rock. For tin S purpose, It Proportion to was proposed to erect a dam across that part of the Niagara JbJ^RqJE river, which flows on the side of Squaw island. The breadth is estimated at SO rods, and the depth at 12 feet. As this island is low, an embankment would be necessary the whole length ; and at its upper point, a pier was proposed, to extend about 30 rods from the n ast shore, up into Lake Erie. The whole length of this work would be about a mile and a half. In gales of great violence, it would be much easier for the vessels to enter this harbor, than the proposed one at Buffalo. The objections which arise to this plan, however, are not trivial. The expense atone, in the present state of things, would be sulli- cient to discourage the attempt ; for as the descent of water in this distance is not less than 4 feet 10 inches, we would havr nearly 17 feet for the height of the dam, which, together with the pier, should be water tight, so as to overcome the rapids a) Black rock. The general current of the wind-, is down t he lake, which vet- Wind* on r. sels, ready to sail almost continually experience; and the nar- 4SS CANAL LAWS, &c. 1820. rowness of the channel would prevent them from beating" » — ^ r i a g a j ns t it. In case of hostilities with the British, so long as they possess the opposite shore this harbor would be useless. A retrospect of the last war will show that this objection is not frivolous ; and, however much we may deprecate such a state, the possibility will continue to exist. PieratBlack * l * s also asserted by credible persons who have long resided Rock. near ti ie gpotj that no pier could be made to withstand the ice a single season ; and when we reflect that it comes into the river in large masses, down which it is impetuously hurried, we may well admit the danger. By this plan, however, it was proposed to shorten the canal, and render any further excavation unnecessary. 2. To form a Harbor in the Lake, where the main street of Buffalo intersects the beach. It was proposed to build a pier in a westerly direction, until a sufficient depth of water was attained, and then to extend it northerly, nearly..parallel to the shore. At 20 rods from shore, about 8 feet water has been found, but to give sufficient room, three times that distance was men- tioned. I have not discovered any advantage in this plan. The ex- pense must be much greater than to shelter the entrance of Buffalo creek ; neither do I consider the low ground near that place, an eligible site for a dense population. 3. To excavate the neck of land near the ferry, and enter Buf- falo creek from, the lake along the slip. In adopting this, we should neglect every natural advantage, and incur great and unnecessary expense. POSTSCRIPT. I subjoin an estimate of the expense of constructing the pier, in which an increase of price is assumed for such items as may possibly require it. Estimated ex- W. Peacock's price for brush was $1 per cord : If half the penseof pier. } ower story be filled with this, we have $2 per cordTor gravel= to 43 cents per cubic yard. — No increase required. For the lower story — 25 cords of brush and gravel. $37 50 1038 feet of !oc*s at 1 1-2 cenK T 5 50 CANAL LAWS, he 489 Iron, Labor, r the upper story — 12 1-2 cords of stone at $4, 460 feet of logs, at 2 cents. Labor, 6 1820. ii v — r% 6i 9 GO 7 00 40)137 10 Average per foot in length, rhen 1 150 feet at $3 42 = $3,933 \llow for securing the line on the beach between the light house and the lake, 67 $3 42 d the whole expense of the pier, excepting superintendence, $4,000 The enclosed sketch is copied from W. Peacock's map, and "11 show the two different sites on which it has been proposed o erect the pier. DAVID THOMAS, 10 mo. 15, 1819. Xeportof the Canal Commissioners to the Legislature^ nied by Mr. D. S. Bates' letter. accompa- In Assembly, February 2,). 1 820. In pursuance of a concurrent resolution of the honorable he Senate and Assembly, passed 13th April last, the canal f Commissioners have caused a survey to be made from the mouth ^ )f ths Oswego river up the same to Three River point, thence iip the Seneca river to the outlet of the Onondaga lake, and hence up the said outlet the length thereof, with a vu'w of as- :ertaining the improvements of which the waters of these streams P ire susceptible, as respects their navigation. That they have pbaused plans of such improvements to be devised, and estimates I jf their expense to be formed; and that although ii has not been w[m their power, from the constant pressure of other duties de- S ii'2 Report, ic. 400 CANAL LAWS, &c. 1820. volved on them, by law, personally to inspect the said waters, v ' and to consider on the spot, of the plans and expenses of such improvements, they have no doubt that such improvements are practicable. The survey has been made, the levels ascertained, the plans devised and the estimates formed, by D. S. Bates, as engineer, whose returns are herewith presented. The said commissioners further report, that they have not caused a survey to be made in order to understand the practica- bility, expense and effects of draining the Cayuga marshes, only because the condition as to expense, upon which they were di- rected to act, has never been complied with on the part of the applicants relating to said marshes. DE WITT CLINTON, SAMUEL YOUNG, STEPHEN VAN RENSSELAER, MYRON HOLLEY, HENRY SEYMOUR. February 21, 1820. To De Witt Clinton, Stephen Van Rensselaer, Myron Holley, Henry Seymour, and Samuel Young, Esquires, Commissioners of the Erie and Hudson Canals. : Gentlemen, Letter of Mr. At your request, and agreeably to directions contained in a resolve of the honorable legislature of the state of New-York, I have examined the communication between Salina and Oswego through the Seneca and Oswego rivers, and beg leave to present you the result. Commencing at the mouth of Oswego river, on a level with Lake Ontario. m.ch.li. f. Thence to the head of Oswego reef, distant 1.27.40 ascent 14.751 J? to a point on rapids of Little Smooth rock, 38.00 1.65.40 >> ii.m " foot of Little Smooth rock reef, 64.00 2.49.40 V 22.971 point on Horse-race reef, 38.00 2.77.40 » 28.531 1 CANAL LAWS, &c. Thence to the m.ch.li. £ head of Horse-race reef, 49.00 3.46.40 ascent 38.07 ?j to foot of Six-Mile reef, 64.00 4.30.40 35 43.24 53 foot of Devil's Horn reef, 26.00 4.56.40 33 46.27* S3 head of do. do. 52.00 5.28.40 33 52.16 53 Smooth rock (foot) 36.00 5.64.40 33 52.82 53 commencement of ra- pids, 77.50 6.61.90 53 55.123 » foot of Braddock's reef, 48.00 7.29.90 33 55.37-2 head of do. 52.00 8.01.90 3 5 60.33 3> out-let of Fish Lake, 95.00 9.16.90 35 60.36 »3 B. Mooney, 18.00 9.34.90 53 60.48-J 33 foot of Oswego falls ra- pid. 37. 9.71.90 33 60.54 33 storehouse lower land- ins, "6) 80.60 10.72.50 33 63.484 3» Falley's mill pond. 24.90 11.17.40 33 Foot of dam, 68.861 foot of falls 59.10 33 91.31 1 35 head of do. 11.76.46 ^ 13 101.14 35 gov'mt store house, 12.56 12.08.90 33 101.20 35 Lyons' store and whf. 21.85 12.30.75 33 101.45^, *3 Horse-shoe reef, 420.00 17.50.75 35 163.101. head of do. 22.20 17.72.95 33 103.561 33 foot of Smooth rock, 86.20 18.79.15 35 103.96; 33 head of do. 30.50 19.29.65 33 105.59> 33 foot Three river bar, 90.55 20.40.20 35 105.93} J3 foot Three river reef, 52.85 21.13.05 33 107.103 '. J head of do. 25.40 21.48.45 33 112.231 33 foot of Knockemstiff, 56.50 22.24.90 35 112.79; 3? Drury bar, 41.80 22.68.70 33 1 | 3 foot Gascon's reef, 109.00 24.17.70 33 113.54; 53 head of do. 34.40 24.52.10 35 115.48? out-let of Onondaga lake, say 6 miles, 30.52.10 116.68? 55 from Seneca river to Orion. lake, thro' out let, 58 chs. 31.30.10 33 118.91 | Bottom of Salina branch, 151.91? Topwaterline in do. 155.9 { ■ These ascents I have divided as follows : m.ch.li. No. 1. Comprehending the Oswego reef, * No 1 sscent, 14.76} di«t. 1.27.40 492 CANAL LAWS, &*. 1820. To surmount this rapid, it is proposed to build a dam across v — ^ the Oswego river, which shall flow the water back upon the suc- cession of rapids connected with the Horse-race and Little Smooth rock rapids. It will be necessary to' raise this so high as to ob- tain twenty feet of ascent from the lake level, and one foot and a half additional, to cover the reef at the foot of the next lock, which will be on the face of the reef in 2 1-2 feet water; this is necessary to assist the navigation from the above lock. From the eastern end of the abovementioned dam, it will be necessary to cut a canal fifty-one chains long, on the bank of the river, in about 3.50, cutting to a site for a lock of 10 feet lift, thence three chains to the river, into which it will be necessary to drop, and continue the canal down the stream, nine chains, by a side wall next the shore, to where the first lock of ten feet lift will proba- bly be placed. Estimate. Estimate. Dam of stone, f including all necessary ^ 720 feet long ! timber, plank, gravel- ! fi£ > f 50 feet base, ] ling, &ic. 13.636 perch- { 2>^.o 12.50 high, ^esat$l. j Landing and attaching said dam to shores, 1,000 Proposed canal (perhaps rocky) 51 chs. 3 1-2 feet, cutting 14.508 yds. at 16 cts. 2,321 2S Excavation, 3 chains, average 5 feet, cut- ting (rock) 1301 yds. 37 1-2 cts. 487 88 Two locks, each 10 feet lift, 20,000 Guard lock, 6 feet rise, 3,200 No. 2. $40,645 16 Side wall, 3240 perches, at $1 3,240 Embankments, 9 chains, 300 yds. per chain 2700 yds. T 2 ^ 675 $44,560 16 No. 2. This section will extend from the head of Oswego reef to the head of Horse-race, ascent 23.31 1-4, distance 2 miles 10 chains. CANAL LAWS. fce. we nn- Of this ascent, 5.25 will have been accounted for bi rovements on the head of Oswego reef, it will be necessary, rthe improvement of the remainder IS. 7 feet, to place a dam d lock near the Little Smooth rock reef, and another at such istance above this reef, as the ascent will demand. These will estimate as follows : 1 dam, 12 feet high ) nrt0 . 1820, at $1 10,908 do. do. (500 " long 50 n base ) 1 do. 12 " high ) 600 " long S 50 " base ) I Lock, 9 feet lift, 1 do. 9.07 do. Landing and attaching dams to the shores, 2 Guard locks, gates, &c. 6 feet high, S10,908 10,908 9,000 9,070 2,000 G,400 Estimate, $48,27S No. 3. Extends from head of Horse-race to head of Smooth ' rock, and contains the following rapids in succession. Rapids below Six mile reef, no particular name, 5.17 1-2 Six mile reef, 3.03 1-2 Devil's Horn reef, G.o4 1-2 Smooth rock. 2.55 1-2 17.31 ascent. To overcome these rapids, erect a dam and lock at any place most convenient, probably about 12 chains above the head of the Horse-race, at the head of a short stretch of still water, and another at the foot of Devil's Horn. Estimate. 1 Dam, in 4 feet water ^| 12 " high I Y 10,908 perches, $10,908 600 " long 50 " base j Attaching same to shores, Dam at foot of Devil's Horn, 12.31 high, (in 3.00 water) 600 feet long, Attaching and landing same to shores, 11,190 1 .000 Kstitnatf. 494 CANAL LAWS, fcc. 1820. 2 Locks 8 feet and 9.31 feet lift. $1 7,310 * v ' 2 Guard locks, 6 feet high, 6,400 $46,S00 No. 4. No. 4. This division commences at still water, above Smooth rock reef, and extends to the foot of Oswego Falls rapid, cover- ing no other obstruction than Braddock's reef. This reef may be surmounted in four different ways. 1st. By a dam thrown across the north part of Braddock's Island, and a lock to let into the river, as described of most of these below. 2d. By a dam placed across at the centre of the island, and canal across the elbow, formed by the bend of the river from this place, with a lock inland. 3d. By a dam as last above mentioned, only across the west- ern branch of the river, and a river lock, assisted by a wing dam from the southerly point of the island, to the north end of the isl- and, which stands on the head of the reef, and which forms a part of the wing dam in the occupation of 4th. By a dam thrown across the river, about 6 chains below the island, when the river is compressed to about 6 chains width ; at this place, the dam would stand in about 9 feet water. The expense attending either of the above methods would probably be the same. Estimate. Estimate, on 1st plan only. Dam, 600 ft. — deduct for assistance gained from the position of the island, 60, is 540 in 4 feet water, will be 9 feet high, $7,364 Attaching to shores, 1,000 Lock 5 feet lift, 5,000 Excavation necessary at head of lift, to construct a channel, 2.50 chs. long, 30 feet wide, 1.50 deep in rock, 275 yds. at $1 25 per yard. 348 75 13,712 75 Guard lock. 6 feet high! 3,200 00 $16,912 95 CANAL LAWS, fee. No. 5. From foot of Oswogo Falls rapid, extends to James ; but it would perhaps be policy to connect the improvements on this with the succeeding reefs : at this place a dam. including a) 1 63 Estimate. CANAL LAWS, necessary land work, would be about 400 feet long, and if built 10 feet hign, would cover all the reefs north of Three river point. The only objection which presents itself to this course, is the de- struction of about 300 acres of low land, which would be flooded by this dam, and consequently unhealthy. Estimate. Dam, 400 feet long, 14 feet average height, Lock, 10 feet lift, Guard walls and gate, 8 feet high, Loss of land by floods, Incidental expenditures, at ten percent. 8,484 10,000 4,266 1,200 2,395 $26,345 Should the objections above mentioned, or others, do away this method of improving these reefs, they might be improved by a dam at foot of smooth rock, and a lock of about 4 feet lift ; and a dam at foot of Three river rfee, with a lock of about 7 feet lift, each of which would require the necessary increase of walls, to guard against floods. If the difficulty which almost uniform- ly presents itself along this stream, of departing from it, did not prevent, it would be a useful plan to dam to the head of Knock- emstifT reef, and canal around them to the river below the Horse- shoe, a distance of about five miles. This, could it be done by a dam of three feet in height, would supersede the necessity of improvement on the Gascon's reefs, which present themselves next above Drury's bar. Di-ury's tor. Drury's bar of itself hardly presents an obstruction ; but should improvements below not do away the small amount of .evil attending it, I should judge that a passage through it might he obtained for an expense of 150 dollars. It is highly probable that almost any mode of improving tire reefs below Three river point, will have a particular effect on the Gascon reef. This is a fall of one foot 95.100 ; but as no cer- tain calculation can be made on that effect — will estimate on the common mode of dam and lock. Estimate. Dam 500 feet long, 8 feet high, 40 feet bar, $4,848 Lock 2 feet, 2,000 Guard lock, 3,200 $ 10.048 CANAL Laws, feci uft The next and last improvement, except those which may be 1 made to connect the Salina branch with Onoudaga lake, is the Salin ^^ n , u outlet of the Onondaga lake. — Distant from Gascon's reef, G ^ t j 1 ak ° nund *' miles. This outlet now affords about 14 inches of water, and is a continued rapid from the Onondaga lake, through two-thirds of its length, which is fifty-eight chains. The ascent through this outlet is two feet and twenty-three hundredths. To improve this part of the navigation, I would beg leave to propose the lowering of the Onondaga lake, to a level with the surface of the Seneca river : this may be done by a canal cut in a straight direction between the lake and river, of such depth a 3 to hold four feet-water ; this would give an average of cutting of six feet and fifty hundredths, and the length would be abcut fiftj - three or fifty-four chains. Estimates. Estimates. Excavation, 54 chains, C.50 deep, 32.3S9 yds. 1G cents, 5,181 Grubbing, " " 15 dolls, per ch. 810 $5,091 Estimate by dam and lock. Dam 200 feet long, (2,1 82 Lock 2 1-2 feet lift, at $1,200 per foot, 3,000 Canal 4 feet catting, 54 chs. 2,552 Grubbing, S10 $8,514 The improvement by the first of these methods will be best, on several accounts. The low lands around the margin of this lake, will be in seme measure reclaimed by the process — the salt springs be less incommoded with fresh water, and the neighbor- hood of Salina rendered more healthy. There are those who object to lowering the lake, and propose to improve by scraping out the present channel ; this method cannot avail much, as the channel is of sufficient width to draw off the lake, and therefore all that is taken out above the level of Seneca river, will not probably deepen the water in the channel of the outlet. General Estimate. G«ueraUstu From Oswego to Oswego falls, by dams and locks, $254,G12 41 From Oswego falls to the head of Gascon's reef, 36,393 00 Outlet of Onondnga lake. 8,514 00 mate. £299,519 4i CANAL LAWS, fcc. 1820. Improvement from Oswego to Oswego falls, by canal and locks, $170,215 0Q From falls to head of Gascon reef, as above, 36,393 00 Outlet of Onondaga lake, 5,991 00 $212,599 00 Remarks. — I have found the general depth of the still water in the Oswego and Seneca rivers, to be from 7 to 9 feet, and in a few instances 10 feet, and from measurements taken at many places, I find the spring floods to have risen G, 7 and 8 feet above the water, as it was when I took the necessary examinations ; from which has arisen the charge of guard locks to many of the dams in the estimates. I also found that the water (flood) in its pas- sage down the reefs, generally did not rise to that height, but from the velocity of the current on these inclined planes, and in some instances from expanded surfaces, the rise on them was from 3 to 4 feet. The effect of dams at the foot of these rapids, and on their faces, would be to create an almost equal rise of the floods on the whole of the river, which I have estimated at 6 feet as the lowest and least possible general rise — yet 1 have no doubt that in some instances more will be necessary. The depth of the wa- ter at the head of, and on the faces of the several reefs, is 1.50, 2, 2.50 feet ; of consequence, in many places excavations in rock, with the disadvantages of being under water, will undoubtedly be necessary, or an increased height of dam. In the estimate of locks on the Oswego falls reef, some expense might probably be saved by increasing the number of locks, and lessening the quan- tum of lift ; this measure would reduce the height and length of the side walls. In my estimate of dams, I have given a computa- tion of such as I conceived to be most permanent, and took for the basis of my calculation, the dam at Oriskany, enlarging mine, to meet some of the contingencies which may befal them from a vastly greater pressure of flood than can ever force itself on the dam on that stream ; but at the same time, am well assured that dams of a less durable fabric may be built, and are actually erected under the auspices ef mill owners, which answer the pur- poses for which they are intended, but are continually calling for repairs under the inspection of vigilant proprietors. This kind of dam is so foreign from the idea of permanent improve^ ment, that I shall not trouble you with an estimate of it, ( ANAL LAWS, 6:, Should the river navigation require a towing path to he con- 1320. ucted on the bank, the additional expense would be about ten v v \ ndred dollars per mile, or in the aggregate 12,000 dollars ; the ture and situation of the banks often times rising almost per- ndicularly from the waters edge to the height of GO or 70 feet ve the surface of the w ater, renders the project arduous ; and rise of the floods inconvenient, for in all cases it must be t least 6 feet elevated above common water, to enable the navi- tor to avoid the rise of the above described spring-freshets. I cannot close these remarks, without giving some information elative to the fisheries, which present themselves on the reefs both rivers. From information, the correctness of which I ave no reason to doubt, the w eirs and fisheries of different kinds n the Oswego Falls reef, alone, produce about 1,000 barrels ofK' isand Is annually, independent of other fish, which may be estimated half that quantity. On almost all the reefs, there are more or ess of these devices erected, and in the proper season, kept in re- t and closely attended to. The price of a barrel of eels, at lowest, is $10, other fish are probably worth more, but say n ; and we have for an estimate fifteen thousand dollars as the oduce of the Oswego Falls ree£ this reef occupies a length a little more than two miles ; then I conceive that it will not an aggravated estimate to say, that all the remaining reefs ! 11 produce another fifteen thousand dollars. The net! profits 'sing from this branch of business, I have no means of calcula- g. Those reefs and the fisheries erected on them, except at swego Falls, w ill be overwhelmed by the process of damming d locking the river, and many w ho now draw much of their upport from that source, will in consequence be deprived of ;ir usual means. It is said, and with truth, that this employ- ntis not of the brilliant national use, w hich is attached to ag- ulture, but still those employed in it are citizens ami nu n, and a niche in the general estimate ; deprive them of this resource, they will not become husbandmen ; they will remain what y were — fishermen, or become something worse. They have ted to rake the waters for their supplies, and their rarptus, y barter with the farmer for their bread, who is glad to make exchange, rather than break in upon his profession to catch • In the first method of improving Oswego Falls, the proce.-s Oiwfgo K»n«. )inted out will apply, without much difference of description or CANAL LAWS, fee* 1820. expense, to either side. The canal proposed, is calculated for \^v-^ the eastern side of the river. It may be made on either side ; but I think the approach on the west side, to the harbor of Oswego, somewhat more difficult, and the embankment would probably be more expensive. In my plans, I have not laid down any part of the river above the Oswego Falls, where there is no necessity of improvement ; having pursued this course, it became difficult to draw a con- necting plan of the outlet of Onondaga lake. I hope that no dis- advantage will result from it. I am respectfully, Your obd't. servant. DAVID S. BATES* January 7, 1S20. PROCEEDINGS On the part of tlue State, to purchase the right of the JVestert Inland Lock Navigation Company. x REPORT OF THE COMMISSIONERS. To the Honorable Ambrose Spencer, Chief Justice, and Williai TV. Van Ness, Joseph C. Yates, Jonas Piatt and John Wood worth, Justices of the Supreme Court of Judicature of tl State of New-York: Report. The undersigned, Richard Varick, Nathaniel W. Howel William W. Woolsey, Obadiah German, and Elisha Jenkins, af pointed by the Justices of the Supreme Court, to estimate tl damages to be sustained by the Western Inland Lock Navig; tion Company, by investing in the People of this state, all tl lands, waters, canals, Locks, Feeders, and appurtenances theret acquired, used and claimed by the said company, under its act incorporation, and the several acts amending the same, have tl I honor to report — That in pursuance of the said appointment, and the directio; of "An act respecting navigable communications, between tl 1 great western and northern lakes and the Atlantic ocean," passt i 15th April, 1817, they proceeded to the duty thereby enjoined i I rhenv ami after a personal inspection of the various works, CO [1 I CANAL LAWS, U. 608 Q-Ucted and occupied by the said company, and having mature- 1820. y considered the arguments of counsel employed by the said 1 v ' ompany and by the state, they estimate and appraise the daun- ts aforesaid, at the sum of one hundred and fifty-one thousand, ight hundred and twenty dollars and eighty cents, to be appor- ioned among the stockholders of the said company, in the man- er following, viz : To the individual stockholders, proprietors of stock amount- AnfOUnt ig to $140,000, the sum of ninety-one thousand, six hundred ™ >n \ L ,n<1 nd sixteen dollars-, and for the use of the People of this Btate, cJpUt. roprietors of stock amounting to $92,000, the sum of titty xoiisand, two hundred and four dollars and eighty cents. The undersigned beg leave to state the principles which have overned them in estimating the damages as above. In making decision affecting the interests of a number of respectable and iterprising individuals, who have taken the lead in attempting le improvement of the inland navigation of our state, at :» me when they could derive but little benefit from skill or ex- erience, the undersigned felt a solicitude to do justice to the )irited and patriotic eiforts of the stockholders of the Western lland Lock Navigation Company, by ascertaining, on fixed riuciples, the real value of the property which they possess id enjoy in consequence of the investment of their capital and le existing laws of the state, devised for the protection of their ghts, as well as for their encouragement in prosecuting a work, l a limited scale, which has proved to be the precursor of a lore magnificent undertaking, that will advance the best inter- ns of the state, and shed a lustre upon the age in which it wa> jmmenced. With these views, the undersigned ascertained the amount of ividends arising from tolls, which have been made for the last ght years, including a sum now in the treasury of the compa- ty, or in the course of receipt, but not yet declared as a dividend, rom this amount, there ought to be deducted the sum which is ■quired to repair the works, necessary for their present use, n< ell as for their future preservation. We beg leave to state, that for more accurate information on Rtnj'n W t . > i , iS subject, the undersigned consulted Benjamin Wright, Esq. i experienced and skilful engineer, who estimates the expense repairs, at a sum which would absorb the tolls of three years, turning that the receipts of future years would be equal to Jfwe received for the eight years pas?. Estimating tire receipts 504 CAx\AL LAWS, &o 1826. for the three years to come, on a like average, they will amount ' to thirty-six per cent, on the capital of $ 232,000, or S T %\\ per cent, per annum, and assuming that a well vested capital, yield- ing an annuity of five dollars, is worth one hundred dollars, and applying this principle of calculation, for the purpose of ascer- taining the present value of the capital stock belonging to the western inland lock navigation compan}', it will be seen, that the capital stock of $232,000 is worth one hundred and fifty-one thousand, eight hundred and twenty dollars, and eighty cents, of which the stockholders, other than the people of this state, will be entitled to receive the sum of ninety one thousand six hundred and sixteen dollars, to be apportioned among the said stockholders, holding sixteen hundred and eighty shares, according to the num- ber of shares which they respectively hold. The undersigned are confirmed in the accuracy of the estima- ted damages, which they have awarded, by another process adopted by them, in arriving at the desired conclusion. They addressed a note to Benjamin Wright, Esq. requesting from him an estimate of the cost of erecting works and making improve- ments, similar to those made by the company ; as also an esti- mate of the sum requisite to make the necessary repairs, to put the present works in good order. From the answer communi- cated by Mr. Wright, it appears, that the estimate for the latter object, deducted from the former, will make an excess of some- thing more than seven thousand dollars beyond the sum award- ed by the appraisers, a sum of no great magnitude when appor- tioned upon a capital of $232,000. Respectfully submitted. Rome, June 24th, 1820. RICH'D VARICK, NAT'L W. HOWELL, WM. W. WOOLSEY, OBADIAH GERMAN, ELISHA JENKINS, CANAL LAWS, fee 1820. AFFIDAVIT OF THE COMMISSIONERS. State of New-York. . J ' 1 ss. Oneida Cou rk, > nty, S Richard Varick, Nathaniel W. Howell, William W. Wool- Affidavit of sey, Obadiah German and Elisha Jenkins being duly SWOril. ers. depose and certify, that the preceding is a just, equitable, and impartial appraisal, to the best of their judgment and belief, of the damages to be sustained by the Western Inland Lock Navi- gation Company, by investing in the People of the said state all the lands, waters, canals, locks, feeders and appurtenances there- to acquired, used and claimed by the said company, under its act of incorporation, and the several acts amending the same. RICH'D VARICK, NAT'L W. HOWELL, WM. W. WOOLSEY, OBADIAH GERMAN, ELISHA JENKINS. Sworn June 24, 1820, "> Before me, ) B. P. JOHNSON, A Commissioner to take the acknowledgment of deeds. CONFIRMATION BY THE JUDGES OF THE SU- PREME COURT. In Supreme Court, August 1UA, 1820. The court having taken into consideration the foregoing re- Affirmance of port, are of opinion, and do certify, that the said damages have Assewment - been fairly and equitably assessed. A. SPENCER, W. W. VAN NESS, JOSEPH C. YATES, JONAS PL ATT, JOHN WOODWORTH. 506 CANAL LAWS, &c. 1820. Appointment of B. Bleeclcer. At a meeting of the Directors of the Western Inland Lock Nav- igation company, held in the city of New-York, September 15, 1820. Present — Robert H. Bowne, President, Daniel McCormick, John Atkinson, Jr. John B. Graves, Thomas Eddy, and H. B. Pierpoint, John R. Murray. Resolved, That Barent Bleecker, the agent of this company, A^ppoiotment be and he is hereby empowered to receive from the Treasurer of ceive C payment this state the amount of damages assessed to the company by the appraisers appointed by the Justices of the Supreme Court of Judicature of this State pursuant to the 4th Section of the act entitled, "an act respecting the navigable communications between the Great Western and Northern Lakes and the Atlantic ocean," passed April 15, 1817, together with the expenses of the said appraisal, which may be audited and allowed to the Company by the Comptroller ; and that the common seal of this Company be affixed, and the President subscribe his name to a copy of this resolution, and transmit the same to their said agent. Extracted from the Minutes, ROBERT H. BOWNE, President. Thomas Eddy, Treasurer and Secretary. Payment of the amount as above awarded. Albany, October 2, 1820, Rec'd. from the Commissioners J^* tofpay "of the Canal fund, ninety-one thousand six hundred and sixteen dollars, in full of the amount awarded to the individuals of the Western Inland Lock Navigation Company, agreeably to the above order. BARENT BLEECKER, CANAL LAWS, o07 XXXII. Legislative proceedings in the year 1 820. 1820. On the 13th of March, 1S20, the Assembly Went intO COni" (ion to improve mittee of the whole on the bill " to amend an act respecting ° 3Wt 'S° nvtr - " the navigable communications between the groat western and " northern lakes, and the Atlantic Ocean. " Mr. Huntington moved to add a clause to the bill declaring, " that the sum of " $25,000 arising from the first of the said sales (of land) be " appropriated for the improvement of the navigation of the " Oswego River under the direction of the canal Commission- " ers." The motion prevailed by all the votes except twenty- three, to wit : For the Negative* Mr. Bockee. Mr. Kirtland. Mr. Bragg, .Mr. M'Kay, Mr. Camp, Mr. Mesier, Mr. Crandall. Mr. A. Miller. Mr. Forward, Mr. John Miller Mr. Green, Mr. Moe, Mr. H. Guion. Mr. Parson-. Mr. J. Guy on, Mr. Powell, Mr. J. Hill, Mr. Sharpe. Mr. Ho finagle, Mr. Speaker, Mr. Jenkins, Mr. Ulshoefler, Mr. Jones, 23 On the passage pf the whole bill in committee of the whole, the votes were, as follows : For the Affirmative. Mr. Armstrong, Mr. Austin, Mr. Babcock, Mr. Bragg, Mr. Case, Mr. Crocker, Mr. Merriam, Mr. Mesier, Mr. John Miller, Mr. Morgan, Mr. Morton, Mr. Munson, DlV 15100- CANAL LAWS, fcc. Mr. Crolius, Mr. Nelson, Mr. Delano, Mr. Newcomb, Mr Deyo, Mr. Oakley, Mr. Drake, Mr. Orton, Mr. Earll, Mr. Philips, Mr. Field, Mr. Pine, Mr. Foote, Mr. Powell, Mr. Francisco, Mr. Pratt, Mr. Gross, Mr. Price, Mr. Hackley, Mr. Romaine, Mr. Hatfield, Mr. Rose, Mr. Heeney, Mr. Seymour, Mr. Hickock, Mr. L. Smith, Mr. J. Hill, Mr. Speaker, Mr. Huntington, Mr. H. Steele, Mr. Irving, Mr. P. Steele, Mr. Jackson, Mr. Stoors, Mr. Jennings, Mr. Strong, Mr. Jones, Mr. Ulshoeffer, Mr. King, Mr. Van Fossen, Mr. Kirtland, Mr. Watkins, Mr. M'Knight, Mr. Willes, Mr. M'Neil, Mr. York, Mr. MarkelJ, For the Negative. Mr. Allen, Mr. N. P. Hill, Mr. Bockee, Mr. Humphrey, Mr. Caldwell, Mr. Jenkins, Mr. Camp, Mr. JVI'Kay, Mr. Campbell, Mr. A. Miller, Mr. Chase, Mr. Moe, Mr. Crandall, Mr. Parsons, Mr. Dill, Mr. Patterson, Mr. Doolittle, Mr. Schenck, Mr. Doughty* Mr. Sharpe, Mr. Dow, Mr. S. A. Smith Mr. Elmore, Mr. Snyder, Mr. Elting, Mr. Tredwell, Mr, Forward, Mr. Tuthill, CANAL LAWS, fa Mr. Green, Mr. H. Guion, Mr. J. Guy on. Mr. flaring, Mr. Hawks, Mr. Vail, Mr. V. Vsrikjnburgh, Mr. Walbridge, Mr. Warner, 1820. 37 The bill as it passed the Assembly repealed (§ 1.) the ofceftkMlL dollar tax upon steam boat passengers, and 2.) declared that the North River Steam Boat Company, should, during the con- tinuance of their charter pay $5000 a year in lieu of the dollar tax. It also (§ 3.) directed the commissioners of the land of- ! ce to cause the lots belonging to the state in the tract set apart r the use of the salt springs in Onondaga county, except those eased, and such other parts as it may be expedient to reserve, to be sold, and also excepting all salt springs, salt mines, coal mines and other mines and minerals thereon. The bill also (§ 4.) declared that the commissioners of the land office might receive surrenders of the leases of such of the pasture and marsh lots as the lessees might be willing to surrender, and 5.) the commissioners might proceed by compromise to procure the surrender of those of the lots as might be necessary for the fu- ture growth of the village on the tract, and for the extension of manufactories, and might lay out village and salt manufacturing lots, &c. The proceeds of the sales of lands (§6.) were ap- propriated to the canal fund, but the right was reserved of ap- propriating a part for improving the navigation of the Oswego liver, and the communication between the Salina brand) canal, and the Onondaga lake, and (§ 7.) the sum of $25,000 was ap- propriated from the first sales of land for the improvement of the navigation of the Oswego river under the direction of the canal commissioners. On the third and last reading of this bill in the Assembly, on the 14th of March, it passed by 54 to 40. For the Affirmative. Mr. Austin, Mr. Babcock. Mr. Crocker, Mr. Crolius. Mr. Dean, Mr. Delano. Mr. Mesier, Mr. Moe, Mr. Morgan. Mr. Morton, Mr. Munson. Mr. Nelson. Dhritioti CANAL LAWS, b Mr. EarlJ, Mr. Oakley, Mr. Field, Mr. Orton, Mr. Francisco. Mr. Philips, Mr. Hackley, Mr. Pratt, Mr. Hatfield, Mr. Romaine. Mr. Haverly, Mr. Root, Mr Heeney, Mr. Rose, Mr. Hickock, Mr. L. Smith, Mr. J. Hill, Mr. H. Steele, Mr. Huntington, Mr. P. Steele, Mr. Irving, Mr. Storrs, Mr. Jackson, Mr. Stroncr, Mr. Jennings. Mr.' Swart. Mr. Jones, Mr. Ulshoeffer, Mr. King, Mr. Van Fossen, ' Mr. Kirtland, Mr. Verbryck. Mr, M'Knight. Mr. Watkins, Mr. M'Kown. Mr. Wheeler. Mr. M'Niel. Mr. Willes, Mr. Markell, • Mr. Williams. Mr. Merriam, Mr. loru. o4. For thp JSfcinttifMi Mr. Allen, Mr. J. Guyon, Mr. Armstrong, Mr. Haring. Mr. Bockee, Mr. Hawk-, Mr. Bragg, Mr. N. P. Hill, Mr. Caldwell. Mr. Humphrev. Mr. Camp, Mr. Jenkins, Mr. Campbell, Mr. Xewcomb. Mr. Chase, Mr. Parsons, 31r. Colvard, Mr. Patterson, Mr. Crandall. Mr. Price, Mr. Dill, Mr. Sharpe, Mr. Dow, Mr. S. A. Smith, 3Ir. Elting, Mr. Snyder, Mr. Finch. Mr. Tredwell. Mr. Fonda, Mr. Tutbill. Mr. Foote, Mr. Vail, Mr. Forward. Mr. V. Valkenbur^h. CANAL LAWS, bfc. Mr. Fox, Mr. Walbridge, Mr. Green, Mr. Warner, Mr. H. Guion, 39, On the 5th of April the senate in committee of the whole cel- led a clause, directing", "That one fourth of the monies to be applied in constructing Aciauwad- 1 the said can Is, shall be appropriated towards the construction n.»t. ' « ing." The canal commissioners at this session made the report re- quired of them by concurrent resolution of the last session, (April 13, 1819,) concerning the Oswego river, Seneca river, &c. In that report they set forth the letter of David S. Bates, Esq, [see ante, page 490.] Review of D. He proposes that a dam should be built across the Oswego s^Bates' re * river, which shall How the water back upon the succession of rapids connected with the Horse-race and Little Smooth Rock Rapids. This he thinks necessary to obtain 20 feet of ascent from the lake level, and 1 1-2 foot additional to cover the reef at the foot of the next lock, which will be on the face of the reef in 2 1-2 feet water. From the eastern end of the dam, he thinks it will be necessary to cut a canal 51 chains long on the bank of the river, in about 3.50 ft. cutting to a site for a lock of 10 feet lift ; thence 3 chains to the river, into which it will be necessary to drop, and continue the canal down the stream 9 chains, by a side wall next the shore to w here the first lock of 10 feet lift will probably be placed. He estimates the w hole expense at 44,560 dollars. Of the next section, from the head of Oswego reef to the head of Horse-race, ascent 23.31, distance 2 miles 19 chains, he estimates the expense at $48,27S. Of the next section, from Horse-race to head of Smooth Rock, 6 rapids, with 17.31 as- cent, he estimates the expense at $47,S08 dollars. Of the next section, commencing at Stillwater, above Smooth Rock reef, and extending to the foot of Oswego falls rapid, covering no other obstruction than Braddock's reef, he estimates the expense at $ 16,9 12 dollars. Of the last section, from the foot of Oswego falls rapid to James Lyons' wharf, above the falls, ascent 41,03 he estimates the expense at $73,899. Total, with the additior of ten per cent, for contingencies, $254,612. He also present an estimate of $170,215, for improving the river on anothe plan. From the falls southw ard, to the Onondaga lake, he esti mates at about 36,345 dollars. With respect to the outlet c Onondaga lake, (distant from Gascon's reef 6 miles,) he propo ses the lowering of the Onondaga lake to a level wiih the sur face of Seneca river, and he gives two estimates of expense o different plans, one amounting to 5,991 dollars, and the other t 8,514 dollar*. Hi? general estimate is as follows. CANAL LAWS, fac, " timer ai Estimate. From Oswego to Oswego falls by dams and locks, $264,6U 41 Oswego falls to the head of Gascon 1 Reef, 36,999 00 Outlet of Onondaga lake 8,514 Improvements from Oswego to Oswego falls by canals and locks, £170,215 From the falls to head of Gascon as above, 30,393 Outlet of Onondaga lake, 5,99 I $299,519 41 $212,599" ; If the river navigation should require a towing path on the ank, the additional expense will be about $1,000 per mile, or l the aggregate $12,000. He concludes by saying, " In my I plans 1 have not laid down any part of the river above the Os- wego falls, where there is no necessity for improvement. Ha- ving pursued this course it became difficult to draw a con- , necting plan of the outlet of Onondaga lake. I hope that no . disadvantage will result from it." As the plans exhibited bj Ir. Bates are incidentally connected with the grand canal, ,:c. the further details are given, see page 490. On the 3d of March, the comptroller, in obedience to the Gth scc- jionof theact "concerning the great western ami northern canal-." assed April 7, 1819, made his report to the legislature. From Amount **- lis report it appears that the canal commissioners from the 20tli 1 ,'• £ Wch, 1819, (including a balance then in their hands, together Fcb 9 * ''ith $553,420 SI advanced on unsettled contracts amounting Dgether to £566,142 14) to the 29th of February, 1820, had BCeived $1,246,554 50, and had duly expended the same e\ ept $148,661 62, still to be accounted fur, but according to the ouchers exhibited, the balance in their ham he comptroller as only #7,566 f . 614 CANAL LAWS, &c. 1820. XXXIII. AN ACT To amend " an act respecting navigable communications between the Great Western and Northern lakes and the Atlantic Ocean" passed April 10>th, 1817, and for other purposes. Passed March 30, 1820. «axTu* spended' ^ ^ € ^ enac ^ the people of the state of New-York, repre- sented in Senate and Assembly, That from and after the first' day of April next, the collection of the tax of one dollar upon each steam-boat passenger on the Hudson river, imposed by the act above mentioned, shall be and the same is hereby suspended un- til the payment thereof shall become necessary to the redemption of the pledge given by the state in the act aforesaid, so far as the same relates to the loans which have already been made un- der the said act, without reference to any loans which may here- after be made under the same, and the collection thereof directed by law. And$5000an- H. And he it further enacted, That for the purposes contern- ?hlieu thereof plated by the said act, in lieu of the tax, the payment and collec- tion whereof is above suspended, and for the payment of the in- terest and final redemption of the principal of the sums borrowed or to be borrowed by virtue of the said act, there shall be and hereby is appropriated and pledged five thousand dollars annu- ally ; and it shall be the duty of the president and directors of the North river steam-boat company, and they are hereby requir- ed, in each and every year during the continuance of their char- ter, and as long as the payment and collection of the said tax shall remain suspended as aforesaid, on or before the first day of January, to pay into the treasury of this state the sum of five thousand dollars ; and in case of any neglect or refusal in paying over to the treasurer of this state, the said sum of five thousand dollars annually, the said president and secretary and the com- pany incorporated under the name and style of " The North Ri- Penaliy andver Steam-Boat Company," shall forfeit and pay the sum of oik forfeiture. thousand dollars, besides the amount so directed to be paid over to be recovered in an action of debt in the name of the people o this state, and for the use of the aforesaid fund ; and the owner. 1 of stock in such company shall be personally responsible fo; such amount and the penalty also. 1 CANAL LAWS, toc« &15 III. And be it further enacted, That the commi.vsioner> of the 1?J0. Iland office be and they are hereby directed to cause to be sur- v^-v-^' J veyed into lots of such size as they shall deem for the interest of ^ 1 « Mt |J£ I the state, the lands owned by the people of the state of New-York, jjJ^JJ I in the tract set apart for the use of the salt springs in the county I of Onondaga, except such parts thereof as are now leased under I any existing laws of this state, and such other parts as they may i4 deem it expedient to reserve, and to sell the same in the manner ■ that unappropriated lands of the state are directed to be sold, in ft such parts and at such times as they shall judge best for the in- J'terest of the state ; reserving to the people of the state, in all sales t'of land made under this act, all salt springs, salt mines, coal if' mines, and other mines and minerals upon such lands, with a I' right to enter on and use such parts thereof as may be necessary $ to dig or work such mines or springs. IV. And be it further enacted, That the said commissioners af MrN adtH if the land office be and are hereby authorised to receive surrenders ■ of the leases of such of the pasture and marsh lots as the present I lessees are willing to surrender. W V. And be it further enacted, That the said commissioners of^J^***" f the land office be and are hereby authorised in their discretion, to other lot?, kc. Ml obtain by compromise the surrender of such of the marsh lots and I pasture lots on said "tract, as in their opinion may be necessary $f for the future growth of the villages on said tract, and for the ex- 3 tension of the manufactories thereon, and to cause to be laid out ' so many village l*>ts and salt manufacturing lots, with such addi- m l tional streets, squares, and places of deposit for wood and bulky commodities, as in their opinion the future growtli and accom- modation of said villages and the extension of salt manufactories may require ; and to cause the said village lots to be sold in the ' manner provided in the third section of this act : Provided, Thai rr0Vi!Oi t f the said commissioners shall reserve for such future extension of the salt manufactories, such marsh and uplands adjacent to each ; of the salt manufacturing villages on said tract, as in their 1 opinion may ever be necessary or useful for the future extension ' of said manufactories, and for the state to retain in their hands, to prevent any monopoly of the ground most suitable for the erection of manufactories of salt. VI. And be it further enacted, That the monies arising from Monies appir- the sales of any lands, by virtue of this act, shall be paid over toj^J t " 8n^,, the commissioners of the canal fund, to be by them applied to .510 CANAL LAWS, &c; 1820. the uses for which such fund was created : Provided, That the *— v- — ' legislature may at any time hereafter make an appropriation of any portion of the proceeds of the said lands for the improvement of the nav igation of the Oswego river, and the communication be- tween the Salina branch canal and the Onondaga lake. §25,000 appro- VII. And be it further enacted, That the sum of twenty-five we-orivtr 08 tnousand dollars arising from the first of said sales, be and is hereby appropriated for the improvement of the navigation of Oswego river, under the direction of the canal commissioners and it shall and may be lawful for the commissioners of the ca nal fund forthwith to borrow on the credit of the fund arising from the sales of said lands, at a rate of interest not exceeding six per cent, per annum, the sum of twenty-five thousand dollars, to be repaid by the first of the said monies arising from said sales : and it shall be the duty of the commissioners of the canal fund, as soon as they shall have so borrowed the same, to pay over the same to the canal commissioners, to be by them applied i the improvement of the Oswego river. 3 Extract from the " Act for the payment of the officers of gover ment therein mentioned." . Passed April 5, 1830. „ , . bridges presented in Senate and Assembly, That in all cases when a new road or public highway is laid out, by legal authority, in such di- rection as to cross the line of the Erie canal, Champlain canal, or the Salina side cut, after said line is established, and in such manner as to require the erection of a new bridge over either of the said canals, for the accommodation of said road, such bridge shall be so constructed and for ever maintained at the expense of Proviso. tne town - n wn j cn suc ij bridge is to be situated : Provided how- ever, that no bridge shall be constructed across either of said canals, without first obtaining for the model and location thereof, the consent in writing of one of the acting commissioners, or the principal engineer of the canal to be intersected by said road : And provided, that if any person or persons shall undertake t construct or locate such bridge without such consent, and sh proceed therein, so far as to place any materials for that pu pose on either bank of the canal, or on the bottom thereof, he o they shall be subject to a penalty of fifty dollars for such under- taking, and either of said commissioners or engineers shall be authorized to remove all such materials so soon as they are dis- covered, wholly without the banks of the canal. Riding on tow- II. And be it further enacted, That every person who shall lead, hib : ted! th F °" drive, or r ^ e anv norse ? ox ? ass ? mule, or other cattle, upon the towing path, or the bank opposite to the towing path, of either of tlve said canals, except for the purpose of towing boats, or other floating things upon the waters thereof, and except for the purpose of conveying articles to and from the said canals, in or- der to their transportation on the waters of the same, or their delivery at their place of destination, shall forfeit for every such Penalty. offence, the sum of five dollars, and pay all damages consequent upon such offence over and above the said forfeiture ; and in case of default, in the immediate payment of such forfeiture, after conviction of said offence,, such person or persons shall be liable to imprisonment in the gaol of the county where such offence < ANAL LAWS, tt£ sliall be committed, for a term not exceeding thirty days, at the 1830, discretion of the court before whom such conviction shall be had. v — —% 1 III. And whereas it may happen that the said canals, or the works connected therewith, may be injured by unforeseen acci- dents, whereby the navigation may be interrupted, and the l auds adjacent thereto may be exposed to damage ; therefore, Be it Vroy ( w '°l »» further enacted, that for the speedy reparation of such injury, that • 1 to rnfer oq whenever, and as often as such case shall happen, it shall be law- l pds. ful for the said commissioners, or either of them, or either of their en- gineers, or any other person employed by either of them, with carts, wagons, or other carriages, with their beasts of draft or burthen, and all necessary tools and implements, to enter upon any lands contiguous to the said canals, or the works connected therewith, and to dig for, work, get and carry away, and use all such stone, gravel, clay, timber, and other materials as may be necessary or proper in their opinion for such reparation, doing as little damage thereby as the nature of the case will permit : and in case damages shall be claimed by the owner or owners of any land entered upon for the purpose of obtaining materials as aforesaid, and the said commissioners, or either of them, or the Dtaami principal engineer of that portion of either of said canals where tc^tlw - such injury mav have occurred, cannot agree with such owner ccrlaincd - or owners as to the amount of said damages, then, for the pur- pose of ascertaining that amount, it shall be lawful for either of the said acting commissioners, or for such engineer, to select one discreet freeholder of the county wherein such damages may be claimed, and such owner or owners another, and these two freeholders shall select a third, which three, after being severally sworn before any person authorised to administer oaths, faithful- ly and impaitially to assess said damages, shall proceed to en- quire into said damages ; and after having ascertained the same by the concurrent Opinion of any two or all of the said freehold- ers, they shall certify the same in writing under their hands and seals, or the hands and seals of any two of them ; and the amount of damages thus certified shall be paid to such owner or owners by the said commissioners, within ten days after said certificate shall be delivered to them, or as soon thereafter as they shall be in funds ; and proof of such payment, or of the offer of BUCh payment in case of refusal to Deceive the same on the part of such owner or owners, shall for ever discharge the said commis- sioners and their engineer-, and all person- Employed by tfcejn 5J0 CANAL LAWS, &c 1820. from all claims for entering upon such land, and taking and v v * using materials as aforesaid ; and in case the amount of dama- ges certified by said freeholders, in any case, shall fall short of the sum offered for such damages by said commissioners or engi- neer previously to the selection of said freeholders, then the cost of all proceedings after such offer, shall be deducted from the amount of damages so certified, and said commissioners shall be required to pay to said owner or owners, no more than the resi- due of said damages after the deduction of such cost ; but in rase the amount of damages so certified shall exceed such pre- vious offer, then all such cost shall be paid by said commissioners over and above the damages so certified, and the said freehol- ders shall each be entitled for his services, to the sum of one dollar and fifty cents, for each assessment of damages, and if more days than one are required to ascertain and assess said damages, then each of said freeholders shall be entitled to one dollar and fifty cents per day, for every day thus required. Duty of boat- jy. And be it further enacted. That every boatman or other men in passing , .... tbrou-h a lock, person, having charge of any boat, or other floating thing, upon either of the said canals, which shall pass through any lock thereon in descending from a higher to a lower level, shall, pre- viously to moving his boat, or other floating thing, into any lock, shut the lower gates of such lock, and the paddles thereto be- longing, before he shall open the upper gates, or draw or open the paddles thereof, or open the culvert gates of the head of said lock, and after he shall have moved his boat or other floating thing into the said lock, he shall then shut the upper gkes thereof, and the paddles thereof, and the gates of the culverts be- longing to the head thereof, before he shall draw or open the paddles of the lower gates thereof; and immediately after such boatman or other person shall have moved his boat or other floating thing through any lock either way, and shall have emp- tied such lock, he shall securely shut all the passages for water into and out of said lock, contrived for the purpose of filling or Boats within em ptyW the same: And at all times, boats or other floating sigh* of each . . . .. .. other, &c, things going up the said canals, if within sight of any boat or other floating thing coming down, and at a distance not exceed- ing one hundred yards below any lock, shall pass through such lock before the boat or other floating thing above such lock, shall come down : and if there shall be more boats or other float- ing things than one below and one above any lock, at the same CANAL LAWS, Sec. 5JJ \rnalts time, within the distance aforesaid, such boats or other iluat- HJO. ing things shall go up and come down through such locks by v v— ' turns as aforesaid, until they shall have passed the same, in order that one lock full of water may serve two boats or other floating things. And if any boatman or other person shall of- fend against either of the provisions of this section, he shall for- feit for every such offence the sum of twenty-five dollars. V. And be it further enacted, That if any boat or other float- a , ing thing shall be so moored in either of the said canals, as to ob- ul bo * ti ' Lc ' struct the navigation thereof, or if any person or persons shall obstruct the navigation of either of the said canals, by means of the loading, unloading, misplacing or otherwise misconducting any boat or other floating thing, and shall not immediately, upon being requested thereto by any commissioner, engineer, super- intendent or agent employed on said canals, or by any person incommoded by such obstruction, remove the same, the boat- man or person who caused said obstruction, shall forfeit for eve- ry such offence, the sum of twenty-five dollars, over and above P«j« ; »>- the expense of removing said obstruction. VI. And be it further enacted. That if any person shall obstruct obitmctioo* the navigation of either of the said canals, by sinking any ves- JJJ'^f. *" r sel, timber, stone, earth, or other thing or things, to the bottom of either of said canals, or by placing any obstruction on the tow- ing path thereof, or on the bank opposite the towing path there- of, such person shall forfeit for every such offence, the sum of twenty-five dollars ; and in case such forfeiture is not paid forth- pe na i ( y. with, on conviction of such offence, such conv ict shall be impris- oned in the gaol of the county where such offence may be com- mitted, upon the warrant of any court before whom such con- viction may be had, for the term of one calendar month. VII. And be it further enacted, That if any person or persons o ■*>■ mUk ■ shall wantonly or unnecessarily open or shut, or cause to be" ' opened or shut, any lock gate, or any paddle or culvert gate** thereof, or any waste gate, or drive any nails, spikes, pins or wedges into either of the said gates, or take any other mode ot preventing the perfect and free use of either of the said gates, or shall wantonly or maliciously break, throw down or destroy any bridge or fence, on either of the said canals, such person Of persons shall, for every such offence, forfeit the sum of fifty dol- r> lars, and be imprisoned in the gaol of thf» county where MCh of- fence maybe committed, upon the warrant of the courr ta fort OG 522 CANAL LAWS, &c. 1820. whom a conviction for such offence shall be had, for a term not D^X S * ess t * ian one ' nor more tnan tnree calendar months, any lock.b'ank, VIII. And be it further enacted, That if any person or per- sons shall wilfully and maliciously break, throw down or destroy any lock, bank, waste-weir, dam, aqueduct or culvert, belonging to either of the said canals, such person or persons shall, for ev- ery such offence, pay all the damages arising from such break- ing, throwing down or destroying, and on conviction thereof, be- fore any court of general sessions of the peace, or court of oyer Penalty. an( j termmer t0 b e held in the county where such offence may be committed, shall be sentenced to imprisonment in the state prison, at hard labor, for any term not less than three years, in the discretion of the court before whom such conviction shall be had. Boats raeet- IX. And be it further enacted, That in all cases where any e"? ° ne an ° th boat or other floating thing, in passing on either of the said ca- nals, shall meet with any other boat or other floating thing, it shall be the duty of the boatman or person having charge of each of said boats, or other floating things, to turn out to the right hand, so far as to give to each other a free passage, or as to be wholly on the right side of the centre of the canal; and in all eases when any boat or other floating thing, shall approach any place on either of the said canals, which is less than thirty feet wide at the top w r ater line, or which will not safely permit their passing, it shall be the duty of the boatman or person having charge of the boat, or other floating thing, going from the navi- gable waters of the Hudson river, to wait at such distance from such narrow place as may be convenient for the boat or other floating thing, going towards the said navigable waters, to pass through the said narrow place, until such passage is effected ; and every boatman or other person violating either of the pro- visions of this section, shall forfeit for every such offence, the sum of ten dollars. IVot *o move X. And be it further enacted, That no boat or other floating miles dn hour, thing shall be permitted to move on either of the said canals, unless, without permission in writing of a majority of the canal commis- sioners, faster than at the rate of five miles an hour ; and that in all cases in which a boat intended and used chiefly tor the carriage of persons and their baggage, shall overtake any boat or other floating thing, not intended or used chiefly for such purpose, it shall be the duty of the boatman or person having charge of the latter, to give the former every practicable facility CANAL LAWS, fee. for passing; and whenever it shall become necessary far that pur- 1 820. pose, to stop, until such boat for the carriage of passengers shall * „ ' have fully passed ; and every boatman or other person who shall offend against any part of this section, shall forfeit for every such offence, the sum of ten dollars. XL And be it further enacted, That no person shall construct Wb»rTe.n<*to any wharf, basin, or watering place on, or make and apply any beco,ttln,c,ed ' device whatever, for the purpose of taking water from either of the said canals, without first obtaining permission therefor, of one of the acting commissioners, or of the principal engineer of the canal where such wharf, basin, watering place, or device as aforesaid is desired, in writing ; and if any person shall oil'end against this section, by attempting to make any such construc- tion or apply such device, without such permission, or shall not conform to the directions of the acting commissioner or engineer who may give such permission, in respect to the location and size of such wharf, basin, watering place, or device as aforesaid, such person shall, for every such offence, forfeit the sum of twen- ty-five dollars ; and the said acting commissioner, or engineer, p,nal -" shall be authorised, at the expense of the person thus attempting, to remove and destroy every such wharf, ba^in, watering place, or device as aforesaid. XII. And be it further enacted, That if any agent, toll col- A^mt di«?ms. lector, lock-keeper, or superintendent employed on either of the derbwA™ pa- llid canals, and occupying any house, office, building, or land i ,re P er, - v ' belonging thereto, shall be discharged from his employment by either of the acting commissioners on said canals, and shall not deliver up the possession of such house, office, building, or lands and their appurtenances, together with all the books, papers, and other matters and things belonging to the said canals, within seven days next after notice of such discharge shall be given to him, or left at such house, ollice or building ; or if the wife or family of any such agent, toll collector, lock-keeper or superin- tendent, who shall die in either of said employments, shall refuse to deliver up the possession of such a house, office, building, or lands and appurtenances, together with the books, papers, and other matters and things belonging to either of the said canals, in his, her, or their custody, power or possession, within seven days after another person shall have been appointed in the place and stead of the person so dying, then, and in either of those ca- ses, it shall he lawful for any justice of the pear.- in Hie count) 524 CANAL LAWS, Sec. 1820. where such house, office, building, or lands shall be, and he is £ f. hereby required, by warrant under his hand and seal, to order Duty ol justi- ces'incase of any constable or other peace officer, with such assistance as may be necessary, to enter such house, office, building, or upon such land, in the day time, and remove the persons who shall be found therein, together with their goods and chattels, out of such house, office, building, and off from such land, and to take possession of all the books, papers, matters and things belonging to said canals, and to deliver possession of the same to the new appoint- ed agent, toll collector, lock-keeper or superintendent. Tonnage bow XIII. And be it further enacted, That the tonnage of all arti tobeascer- c les conveyed on either of the said canals, on which toll maybe tained. J ' , J charged therefor, shall be ascertained and charged according to the real weight thereof, and that one hundred and twelve pounds weight avoirdupois shall be deemed and taken as and for one hundred weight ; and in case any difference shall arise between any collector of the said rates, and the boatman or other person having charge of such articles, or the owner thereof, concerning the weight thereof, it shall be lawful for any such collector to X J owerto«top st0 P anc * detain sucn articles, together with the vessels in which vessels, they may be contained, and to weigh the same ; and if upon such weighing, the said articles shall be found to weigh more than the accouut given thereof by such boatman, person or owner, then it shall be lawful for such collector to charge toll for said articles according to their weight thus found ; and such boat- man, person or owner, shall pay the expenses of such weighing, Expense of at tne rate °f twelve and a half cents for every ton weighed, to weighing. t j )e collector, who, in case of refusal to pay the same on demand, by such boatman, person or owner, shall be authorised to levy the said expenses in the same manner as is hereinafter provided in case of refusal to pay toll. XIV. And be it further enacted, That in all cases where toll is ^een e boat S n^en charged by the number of articles conveyed, or by the number and collector. Q f f eet contained therein, if any difference shall arise between any collector of the said toll and the boatman or person having charge of such articles, or the owners thereof it shall be lawful for any such collector to stop and detain such articles, together with the vessels in which they may be contained, and to count or measure the same ; and if upon such counting or measurement, it shall be found that the said number of feet exceed the account given by such boatman, person or owner, then it shall be lawful CANAL LAWS, kr. for such collector to charge toll according to the number and feet 1820. thus found ; and such boatman, person or owner, shall pay the 1 v ~* expense of such counting or measurement at the rate of six cents a piece for such articles as pay toll by Dumber, and twelve and B half cents per hundred feet for such articles as pay l>\ the foot, for all the articles so counted or measured, to such collector, who, in case of refusal to pay the same on demand, by such boatman, person or owner, shall be authorised to levy the said expenses in the same manner as is hereinafter provided in case of refusal to pay toll. XV. And be it further enacted, That no boat or vessel of any flawm f description shall be permitted to pass through any lock on ei- JJJJjfcd theW ther of the said canals, unless such boat or vessel shall have on - painted in large letters, near the head or stern thereof, and above the water when full laden, the name of such boat or ves- sel,- and the place where the same is owned ; and every boat or ^ ^ vessel, except those used exclusively for the carriage of persons itraps, and their baggage, shall have fixed on each side thereof two metallic straps, one near the head and one near the stern, ex- tending from below the surface of the water when empty, to above the surface of the water when full laden, which straps shall each be so graduated and marked as distinctly to show the amount of tons weight contained in said boat or vessel ; and every person who shall attempt to pass any boat or vessel ?cnei '^ through any lock, or shall introduce any boat not named and graduated as aforesaid, into either of the said canals, in violation of this section, after the first day of September next, shall forfeit for every such offence the sum of twenty-five dollars. XVI. And be it further enacted, That no person navigating ei- Setting polra. ther of the said canals shall be permitted to use therein any set- &c. prohibited, ting pole, or shaft pointed with iron or other metal ; and if any person shall offend against this section, he shall for every such offence forfeit the sum of five dollars ; and it shall be the duty of the lock-keeper to take such pole or shaft so found. XVII. And be it further enacted, That every boatman or person Billj of lafliI1 , having charge of property moving on either of the said canals, shall give to such persons as may be duly authorised to collect tolls, at the place where such collector shall attend for that pur- pose, a just account or bill of lading in writing, signed by the person or persons sending or conveying such property, or by bis CANAL LAWS, &c. 1820. or their clerk or agent, which account shall contain a statement v v ; Q £ t j je we jg nt f a u t he property on which toll is charged by the ton, and of the number of articles on which toll is charged by the number, and of the feet of articles on which toll is charged by the foot ; and in all cases where a difference in the rate of toll is charged on different articles, the weight or quantity of each specifically set forth ; and it shall contain a statement of the place from which such property is brought, and where the same is intended to be landed ; and in case any boatman or per- son having charge of any property as aforesaid, shall neglect or refuse to give such account when thereto requested by any such collector, or shall wilfully and knowingly give a false ac- count, or deliver any part of such property at an}' other place than that mentioned in said account, or shall wilfully do any other act whereby the payment of said toll or any part thereof shall be avoided, or if the person required to sign such account Penalty. shall sign a false account of such property, every person so of- fending shall forfeit for every such offence the sum of twenty- five dollars. Collectors may XVIII. And be it further enacted, That any collector of toll duly stop boats. authorised by the canal commissioners, may stop and detain all boats and other property floating on either of the said canals, until the boatman or person having charge thereof, or the owner thereof, shall pay the toll, or may distrain any part of the said property sufficient to satisfy the same, which distress shall be kept by the collector of tolls taking the same for the space of eight days, and afterwards be sold at public auction at the place where such tolls are usually receivable, to the highest bidder, rendering the surplus on demand, if any there be after payment of the said toll and the cost of distress and sale, to the owner or owners thereof. Dama^eidone XIX. And be it further enacted, That for all damages done to covered ° W ""either of the said canals, or any of the works connected therewith, either of the acting commissioners or principal engineers shall be authorised to sue in any court jof competent jurisdiction ; and if a verdict or judgment shall be given, either on proof made, or by default, or upon demurrer, against any person or persons, for such damages, the plaintiff shall recover the same, with full costs of suit ; and in all cases in which suits are brought, it shall be the duty of the canal commissioners to have accurate accounts kept of the amount of recoveries and of costs and ex- CANAL LAWS, fee • >J7 penses, and after deducting the said costs and expenses from I82Q. said amount, to pay the residue of said recoveries over to the * v * commissioners of the canal fund. , XX. And be it further enacted, That the canal commissioners Rat^sof toll, shall be authorised to establish the rates of toll to be paid on •i j£Lu ,0,i * articles conveyed on either of the said canals in any manner, 7 ;l, , f t " c< '- and to erect all such toll-houses, weighing scales, office* and other edifices, and purchase such ground for the convenience thereof as they may think necessary for the convenient and pro- fitable use of the said canals, at such times and places as they may deem proper; and that they shall be authorised from time Vtwi to time to make all such rules and regulations in respect to the 1 1 collection of toll and the payment thereof to the commissioners of the canal fund, in respect to the size and structure of boats, rafts, and other floating things on the waters of each of the said canals, and in respect to all matters in any way connected with the navigation thereof, and to impose such forfeitures of money for the breach of such rules and regulations, as they may deem reasonable from time to time, provided said forfeiture shall in no one case exceed the sum of twenty-five dollars. XXT. And be it further enacted. That in all cases in which it AH ra< a shall be deemed necessary by the principal engineer, in laying out the line of the Erie and Champlain canals, or any work con- nected therewith, to discontinue or alter any part of a public road or highway, on account of its interfering with a proper location or construction of either of said canals, such engineer shall be authorised to make such discontinuance or alteration ; and upon his drawing up, in writing and figures, a true description of all such parts of any public road or highway as be may discontinue and new-lay on the account aforesaid, and filing the same in the clerk's office of the town in which such discontinuance and altera- tion may be situated, the same shall be lawful : Provided, however, rroviir That the canal commissioners shall, before they obstruct the pas- sage on any part of a highway now legally established, open and reasonably work, in order to render it passable, such part of said highway as maybe new-laid by said engineer as aforesaid; and the certificate of said engineer in writing, that the part of any highway new laid as aforesaid, is opened and reasonably worked as aforesaid by said canal commissioners, shall be sufficient for their justification ; and that any alteration heretofore made by *nv engineer in any public road or highway on either of the said 528 CANAL LAWS, &c. 1820. canals, shall, from the time of such alteration, be deemed lawful v y * f tQ a jj | ntents an( j purposes. Fn^ineers not XXII. And be it further enacted. That no acting commission- to be taken bjer, or principal or assistant engineer, employed on either of the said canals, shall be liable to be taken by warrant in any civil suit arising out of, or connected with, their official duties, any law to the contrary notwithstanding ; but that such persons may be proceeded against by summons in all cases. Penalties on- XXIII. And be it further enacted ', That all penalties and for- how sued for. feitures created by this act, the recovery of which is not other- wise herein specially provided for, may be sued for and recover- ed before any justice of the peace in any county where such pe- nalty or forfeiture shall accrue, in the name of either of the ca- nal commissioners, principal engineers, or any collector of toll duly appointed by said commissioners, who are hereby respec- tively authorised to sue for and recover the same ; and the amount of such penalties and forfeitures, when recovered, shall be paid over or accounted for to the commissioners of the canal fund. Extract from " An act to enable the Mayor, Aldermen and Com- " monalty of the city of Albany, to dispose of their public lands " by a Lottery. 1 ' Passed April 14, 1820. Grand'wwid **** *^ n ^ ^ e ^ f urt ^ er enacted, That the avails of the sales of appropriated. Grand-Island, when the same shall be sold by the direction of the legislature, be and the same are hereby appropriated to the construction of the Lake Erie and Chanplain canals. AN ACT To prevent the killing of Muskrats. Passed April 13, 1820. Kiiiin«of ^ e & enacted by the people of the state of New-York, repre- KiM*d ^except sen ^ ^ n ^ enaie an & Assembly, That if any person shall kill or along the ca- destroy any muskrat between the first day of May and the first day of November, in any one year, after the passing of this act, he shall forfeit and pay the sum of one dollar, for every such of- fence, one moiety thereof to the person who shall prosecute for the same, and the other moiety to the use of the poor of the town CANAL LAWS, fcc. 029 hi which the said offence shall be committed; which said penalty 1820. shall be recovered in an action of debt, before any court having v v — 1 cognizance thereof, with cost of suit : Provided always, That this proviso, act shall not extend to the killing of any muskrat, within the time aforesaid, along the line of any canal or artificial dam or embank- ments whatsoever. 67 i. An examination of the country for a Canal, from. Rome (o IVaf- >- ford, on the north side of the Mohawk river, November, 1811, by Benjamin Wright. INSTRUCTIONS. The following instructions were received under inclosure, from Simeon De Witt, Esq. Surveyor General. (copy.) . " Ithas occurred to us, nevertheless, that the face of the country appendix. been able to obtain, it appears that a descent of six inches on a SorwjorG mile, will give to a canal of the size contemplated, a rapidity of P ™ * one mile per hour ; which, all circumstances considered, may be needful to take in sufficient water for such long communications so as to furnish (after supplying the waste of absorption and evap- oration,) the needful expenditure for lock-. With these impressions, we are to request, sir, that you will have the goodness to employ an intelligent man, with the pro- per assistants to proceed from the canal at Home, along tin- north side of the Mohawk, giving the above descent of six inches at the end of every mile of length to which the level may run ; but to consider an aqueduct over a stream and over a ravine also (if heading it would make the route unreasonably circuitous) as necessary, and therefore not to calculate more descent than the distance across, by aqueducts at convenient places, won Id re- quire. This level, or to speak more correctly, this inclined plane, should be carried on eastward, to the slope of ground which de- scends to Hudson's river, and then on the east side of that slope, to near Waterford. There is in this view of the subject, another course which we deem it important to run. In that just described, it is presumed, that before the canal shall get opposite to Schenectady, it will have reached the elevation of ground which lies north of that vil- lage, and that, with little elevation, a course may be found run- m CANAL LAWS, &e. APPENDIX, aijig northward toward the Kayaderosseras creek. This stream will furnish a supply of water to keep on still further, in a north- erly course towards Glen's Falls. Whereabouts the level will strike Hudson's river, is uncertain ; but it is not improbable that the elevation would be sufficient, if a proper crossing place were found, to extend over to the navigation of lake Champlain : at any rate, if it reached only to the great bend of the Hudson river, it would come within a few miles of Lake George, so that probably from twelve to fourteen miles of land carriage by rail-ways, would connect the lower end of Lake Champlain with the tide navigation of the Hudson." The above is an extract of a letter from Governeur Morris t me. (Signed,) S. DE WITT. For Benj. Wright, Esq. Note. — In making this examination-, I have not taken any course or distances on the whole route, having formerly traversed by courses and distances, the Mohawk river, from Rome to Schenectady. The river is correctly laid down on the maps, and the turnpike and track c the canal, or line of level, is laid down as accurately as could be don with the eye, compared with the river. — B. Wright. MR. WRIGHT'S REPORT, &c. In pursunnce of the foregoing instructions, I proceeded from t ievel or surface of water in the canal* at Rome, when the can was at its usual height ; and the observations are entered again each mile of the route. Mile 1st. First Mile. Beginning at the canal,* at the point a, Map No. 1 , and following the red line by a, to the Mohawk river over rich bottom, the surface of which is 5 or 6 feet above the level of wa- ter in the canal.* After passing the river, (the bottom of wbich is five feet below the surface of the canal,* ) the line passes over rich bottom, and passing over the canal of Mr. Lynch, f the sur- face of which is 5 feet 9 inches higher than the navigable canal,* and the ground, until the swamp, about 6 feet 6 inches above the last mentioned canal.* After coming to the swamp, the surface is about 4 feet 3 inches above the canal,* and gradually declines until at b, the surface is with the intended level, aud the line of level gains gradually on the hard land, which is gravelly, and a very gentle ascent from the swamp. * This alludes to the canal made by the Inland lock navigation com- pany, under the acts of 1792 and 1795. $ A canal made to accommodate his mills, &c. CAN \L LAWS, . The reasons for not commencing at the east end of the canal* *PWH«30L near the lock, and passing the river and gain the hard land, vert, * v 1 that the high water in the river is as high as the water in the ca- nal,* and I did not see any way to pass the river, for want of height, to permit the flood to pass under the aqueduct. The mill canal, f must, (on account of being 5 feet 9 iliriwi above the line of level,) be made to pass under the intended ca- nal, and rise below it again. Second Mile. On the second mile, the line pursues along the Milt : edge of the hard land, near the swamp, through a gravelly soil, and the land lying with a very gentle descent towards the swamp, and covered with timber, generally maple, beech and hemlock, well calculated for every purpose of a canal, being out of the way of high water in the river. We are close upon the ed^e of the swamp, and about 2 feet above the same, into the hard land at the end of this mile, a bench mark near \. Armstrong's house, which was a stake put in the ground, the top whereof is the fare] of the line I am pursuing. Third Mile. On the third mile the line pursues along the M • 3d. edge of the hard land, gaining gradully higher above the level of the swamp on the right, and being at the foot of a hill or ele- vation of land, on the left. The ascent of the hill, where the lm«- of level passes, being very gradual, but rising more abruptly at a little distance from the line. The soil, some loamy, and some part gravelly, w ith some considerable part moist by springs <>f water, coming out of the hill, the whole distance is in timber land, or wooded with hemlock, maple, beech, &c. Fourth Mile. The line here passes along the edge of some clear- A - u ed lields, and the soil appears to be loam and gravel, and pastel where the descent is in some places in the bank, about 20 degree! ; a small run of water and a ravine, but very little emb.inkment and aqueduct are necessary to cross it ; length about .> rods, and 6 feet high, the ground generally excellent for the purp<>>«' in- quired. Fifth Mile. On this mile 1 found no difficulty, the soil geuer- M.ieSih. ally excellent, some gravel and some loamy ; and the descent of the hill near the line is generally gentle. On this mile, I pass the six mile creek, about 10 or 12 rods below the .aw mill of D. Lynch. The line of level will pa>^ ov< r the creek b) aqueduct S f-"- feet above the same, and the water from the from springs near at hand, and will bring down no alluvion ; after out of swamp, a very fine level ground to end of mile. Fourteenth Mile. Passing over the same level, good, loamy Mile 14U>. soil to a creek or run of water, where an aqueduct and embank- ment 12 chains long and 5 to 6 feet high will be required ; then passing over same level loamy soil-along in front of Mr. Barker, where it passes from south to north side of road and continues on same good ground to near the end of the mile where there i^ a ravine 3 chains long, and S to 12 feet embankment required. Fifteenth Mile. At the beginning of this mile a run of water ; M 1 an aqueduct and embankment will be required o chaini long and 12 feet high ; in front of George Weber put down a stake by side of road; the surface of the ground is here the level oflme, and it then pursues over a loamy soil lying with a very gentle descent toward the river which continues to the did of the mil- Sixteenth Mile. Soon after I commence on this mile I arrive M at Reels' Creek over which I pass by an aqueduct '3 or 7 feel above the water, and pre?< over the flat about it with an embanl CANAL LAWS, kc. APPENDIX. men t 2 or o feet high, and arrive at the road near Tisdale's Inn ) y ' on the opposite side from his stable a stake put in the ground which is the level of Canal — the ground here being the line of level, passing on eastward a little south of N. G. Weaver's Inn, and passing over very fine loamy soil about level, to near the end of the mile, where are two ravines requiring embankment 2 chs, each and 10 feet high. Mile 17th. Seventeenth Mile passes over very fine loamy soil and nearly level, passing about 10 or 12 rods south of the road at Walton's house, and a little east of same it passes over a small stream of water requiring an aqueduct and embankment 40 rods long and 16 to 18 feet high ; (this can only be avoided by a circuitous route, represented by a dotted line ;) thence over very level loamy ground a little N. of Gitteau's Inn, and continuing on same good land to end of the mile. Mile 18th. Mile 19lh. Mile 20th. Eighteenth Mile. Over the same kind of loamy level land about 15 chains ; then a run of water and ravine 4 chains long, requiring embankment and aqueduct 10 feet high; and a little further east and against Brayton's Inn another run of water re- quiring aqueduct and embankment S chains long, 10 or 12 feet high. At about 4 chains east of Brayton's, put down a stake, the top of which is the level of Canal : east of Brayton it passes along the edge of a Hemlock swamp some gravelly ; further east a run of water requiring an embankment 4 feet high and 9 chains long : when over this, good level land to the end of the mile. — These aqueducts and embankments may be avoided by taking a very circuitous route which I thought unadvisable. Nineteenth Mile passes over excellent loamy land except two runs of water. The most easterly may be passed with a very little embankment ; the westerly one will require an embank^ ment of 2 chains long, 10 or 12 feet high. In front of J. Birch, Esqr's, the ground is the lev£l of my line, and here put down a stake the top of which is my line of level. Twentieth Mile. Near the commencement of this mile a run of water requiring an embankment 3 chains long and 8 feet high ; then over good level ground passing behind the house of S. Ed- get, at the turnpike gate 5 miles below Utica, and at a N. or cross road a little below Edget's on the east side about 5 rods from the corner put a stake ; passing on over excellent ground to near the end of the mile; here are two small runs of water, the first ot which is 3 chains long and require embankment 8 feet high ; the other is 2 chains long and same height. The last part of this mile stony or rather gravelly ground. CANAL LAWS, &c. 537 Twenty-first Mile passes over very level or gently descending APPENDIX, land, with stone and gravel soil to near 3-4 of the mile when it v "~v~" / comes to the low or bottom land about Stauring's creek — over M,le2,sL this flat it passes in a pretty direct couse, and will pass the creek about one chain below the bridge, on the turnpike road, the line of level being only 5 feet above the surface of water in the creek. Here I presume a bend must be made a little to the south in order to get more height above the water in the creek. This is a mad, violent stream, and will require considerable water way under the canal. It is only a small stream in dry seasons, and cannot therefore be made very useful for feeding the canal ; what water there is may be conducted into canal by a short side cut. Twenty' second Mile. Over very good level surface with Milc22d. round stone and gravel soil ; an oak by the N. side of the turn- pike ; the ground here at the foot of this oak is the level of the line ; from this oak to the end of the mile the soil loamy and good. Twenty-third Mile. Soon as this mile commences, a ravine 2 Mile 23d. chains wide and requiring embankment 20 feet high, a small run of water in it ; passing on farther east the ground where Henry Crouch's Inn stands is the line of level — then over good loamy soil to two small runs of water requiring on the first an aqueduct and embankment 4 chains long and 12 feet high, and on the next 2 chains long and 10 feet high ; thence over smooth surface land with gravelly soil to the end of the mile. Twenty-fourth Mile. At the commencement of this mile a Mile 24th. small run of water where an aqueduct and embankment will be required 8 chains long and 4 feet high ; passing on the ground where Smith's Inn in Germantown stands, is the line of level ; thence over good even surface ground to a run of water requir- ing an aqueduct and embankment 3 chains long and 6 feet high ; thence easterly along near the turnpike road, and over pretty good ground to the end of the mile, when there commences a hill, the angle of ascent is easy, say 15 degrees, when the mile ends. Here let me observe that the embankments mentioned on this mile may be avoided by making a circuitous route at the two places mentioned above, and increasing the length of the canal about 5 or 6 chains. Twenty-fifth Mile. At the commencement of this mile a hill M,,c25tb - begins, along which the line of level pursues generally very near the turnpike road, sometimes in it and sometimes above it. The soil of the hill is gravelly, with loam and clay or marl alter- nately. The ascent of the hill varies from 15 to 30 decrees, and there are some little gulfs in it where little runs or springs of water make in the hill, and have brought down earth, and thereby made a gully or gulf. The line of level will pass over s 536 CANAL LAWS, &c. appendix t j ie g roun( i where Myers' shed stands. S. of the road, and at the end of the shed, put down a stake, the top of which is the level. Farther eastward, it is in the road, and continues about in it to the end of the mile. Mile 26th. Twenty-sixth Mile. Passes along the side of the same hill de- scribed in the last mile, and is more than half the distance of this mile on the turnpike road. The ground in this mile is laid down as pretty straight along the side hill. It will be found that the hill has many ravines, out of which the earth that has been brought has made rising grounds below, near the foot of the hill, and if a surface of ground exactly the line of level is pur- sued, it will cross the present turnpike road 6 or 7 times in the length of the mile. Near Fluskey's tavern, is a small run of water, which has brought down earth, and the line of level pass- es about 10 rods below the road, and near a fence put down a stake ; thence winding round nearer the road, and sometimes in it to the end of the mile. Miie27th. Twenty-seventh Mile, passes along the same side hill, the as- cent of which grows steeper about this place, and the height of the hill is much higher than where I have passed back — the soil as before mentioned, is some gravel and some clay. Near Dex- ter's a ravine 25 feet deep, and 1 chain long — the ground at the S. end of Dexter's house is the line of level, and at 1 chs. east of Dexter's put down a stake by side of the road — at this place the line of level passes from S. to N. side of the road — thence along the same side hill, to the end of the mile. Mile 28th. Twenty-eighth Mile, along the same hill as before mentioned, which in many places becomes an angle of ascent 35 to 40 de- grees ; and passing over the ground at White's Inn, continues in and near the road to the turnpike gate ; when it is a little to the South or right of road, and immediately below it crosses to left of road, and passes over a deep ravine. 20 feet embankment and 3 chs. wide — with a small spring of water in it. Thence about 10 feet from Lawrence Herter's house, and crossing to the right side of road, pursues along under the hill side. This very springy land to the end of the mile. The soil some clay and some gravel, and some stony on last part. Mile 29th Twenty-ninth Mile, pursues along the same side hill, on the right of the road, and the ground full of springs, which come out of the hill — near Jacob Weber's, a kind of offset in the hill which the level will gain ; and pass near a barn of Weber. At this place by examining plan (VIII.) it will be seen that I pursued two routes, marked track 1st and 2d. In pursuing the first track I descend the hill on to the rich bottom land, and find it nearly high enough for my level ; but descending gradually to the point I IANAL LAWS, fcc. 63'J ity where it is 20 feet too low ; so that embankment would be re- *PPWWJ quired, 28 chs. long, and in height from 20 feet to 1 foot. At a * it strikes the Stone Ridge, so called ; over which it can pass with an embankment, 12 or 13 feet high, and 25 chs. long. It then falls on to the bottom or flat, eastof Herkimer v illage, near the turn- pike road at b; and from this point to Canada creek, near the bridge on the turnpike, is 50 chs. ; and requiring an embank- ment 16 to 20 feet high, the last mentioned distance ; and striking Canada creek at the bridge ; the water in the same being 27 44.100 below the line of level, and requiring an aqueduct this height, and 9 chs. long, when it would strike the side of the hill at c. 2d. track. Commencing near Jacob Weber's barn, and pursu- ing along a circuitous route, upon the side of a broken hill, and just behind the house of Gen. Myers; the line of level being 6 1-2 feet above the lower floor of the house ; and the hill varying in its angle of ascent from 15 to 40 degrees ; and to appearance clay and gravel soil passing on to the end of the mile. A small aque- duct for a stream as seen on the plan (VIII.) Thirtieth Mile, pursuing along the side of the hill, behind a Milc30ib. number of buildings, the angle of ascent being various, and from 15 to 30 degrees, until near/, where the high land comes to a point. Turning away N. and N. westerly up the Canada creek from / it would pass on to the flat near Canada creek, which lies about 12 feet below my line of level, and an embankment would be required about ? chs. long, of the last mentioned height, to car- ry it to Canada creek, over which it might pass by an aqueduct, 12 chs. long and 15 feet high, above low water mark ; and would strike the hill on the east side of the creek at h. Here I would observe that I levelled up the Canada creek, to find at what point the water thereof might be taken out to feed the line of canal ; and I found that at Myers' mill the water in the creek was 2 feet above my line of level, and might be brought by a side cut in tho manner of the red mark on the plan VIII. to connect with the canal at/. The highest water in the Canada creek by floods, I found by marks and bruises on the timber in and about the creek to be 8 feet above the low water mark when I was there. When over the Canada creek with the line of level, it pursues along the side of a steep hill, with clay soil. The ascent of hill 30 to 35 de- grees ; and intersected by some short ravines, which make the line of level winding. Thirty-first Mile, along the side of the hill on the easterly side Mite 31st. of Canada, over clayey and gravelly soil ; and the ascent vary- ing between 20 and 40 degrees ; and passing along, crossing the turnpike road from left to right at r, near the road, made bench marks on a hickory and white oak sapling : thence winding 540 CANAL LAWS, APPENDIX. round the hill more directly east to the end of the mile. Thr land generally gravelly, and clay under gravel. Mile 32d. 5 rhj-second- Mile. This mile continues along the side of the aforesafd hill, which is here full of springs of water which fall down to the foot and make a dead creek which makes its way along the foot of the hill and thence into the river. The soil ap pears to be gravel on top or surface ; but soon under appear clay. The hill forms an angle of ascent 30 to 40 degrees. Mile Ssu Thirty-third Mile, pursues along the same hill as mentioned on the last mile, which has the same kind of springs, to about 50 chs, Here the hill descends and forms a ridge ; the road passing on the top thereof; and my line of level pursues along to g (Map IX.) Here the line of level crosses the turnpike road at right angles nearly. A large black oak with a notch cut in it, 6 feet above ground, for line of level ; also a beach stump. From these marks, northerly, crossing a deep ravine with a run of water in it ; requiring an embankment 6 chs.' long and 25 feet deep. It then catches the side of the hill, along which it passes, to the end of the mile, near Etheridge's Inn, where the hill becomes of a more gentle ascent. Mile 34th. Thirty -fourth Mile, along the side of the hill, which is of gentle ascent; and a little east of Etheridge's, a road turns north; the level is marked by a stake 10 feet west of this road : thence pursuing along the road some distance, and then passing on to the south of the road ; and then to the north ; and near the end of the mile a creek requiring an aqueduct and embankment 3 chs. long and 30 feet high : thence along the side of the bill, to the end of the mile. The soil on this mile is generally pretty good ; some places gravelly > and in others a little appearance of clay. Mile 35th. Thirty-fifth Mile, along the side of a gravel hill, by the side of the turnpike road ; the angle of ascent from 20 to 40 degrees ; and 15 chs. on this mile a run of water, requiring an embank- ment 3 chs. long, and 22 feet deep : thence along the side of the hill, behind M'Comb's Inn, and about 15 feet above the ground where the house stands : thence along the side of the hill afore- said to the end of the mile. The soil on the last part of the mile becomes stony, and probably a little under the surface rocky, although none appear on the surface. Mile 36th. Thirty-sixth Mile, continues along the aforesaid hill, which becomes more steep ; and several short ravines ; towards the last part stony, and appearance of rocks, a little under the surface. Mile 37th. Thirty-seventh Mile. At the beginning of this mile, I marked a white oak sapling with a notch for my line of level. Here I ANAL Ut 541 the ground becomes rocky ; and a little eastward very rocky, appendix. Continuing so to a little run of water, which has a great descent ; v and the line of level will pass over this brook without any great embankment, but making a little circuitous route ; a white pine tree on VV. bank of this creek with a bench mark : thence pursu- ing along the side of the hill, and crossing the road where a new wood building, for a dwelling house is erected, in the road; thence on the south side of the road, and made a mark on the N. end of Mr. Phillips' house, 3 1-2 feet above ground. Passing then S. of the house kept as an inn by Mr. Morgan, in the village of Little Falls, and then over a track very rocky, although a general surface nearly the level required ; but so rocky as to require blowing in some places, and in others raising and embanking to carry on the level. This continues to the end of the mile. Thirty-eighth Mile. Near the commencement of this mile, I Mii c 3gtu. cross the road from right to left, and by the side of the road on a flat rock ; a mark made in the rock, which is the line of level ; id after crossing to left side of the road about 3 chs. west of the *gh bridge, the line of level gains upon a ledge of rocks, where mark is made in the rocks : thence along the craggy ledges of cks, and crossing the Gulf creek : thence pursuing along the rocks, which are full of chasms and broken pieces to the end of the mile. And here let me observe that it was impossible for me to pursue the level along the side of these rocks : I could only work along the turnpike road, which runs at the foot of them; and the road I found from 60 to 75 feet below my line of level. The rocks and hill are 100 to 200 feet above my line of level ; and are equally rocky to near the top. At the Gulf creek the line of level will pass as marked on map X. But an aqueduct may be made to pass directly over it. It appears to me almost impossible to form a canal on this mile without enormous expeHae. Thirty-ninth Mile, continues alomr the side of the same rocky Mile j hill which is equally as bad as described on the last mile ; my line r level still continuing about 70 a 75 feet above the track of e turnpike road ; and the end of this mile will be near the termi- nation of these very rocky hills. Fortieth Mile. Soon as this mile commences, the country Hie 48th. breaks away and 1 assume my level in a wood, and pufStting the same, I find myself behind the house of H. Finch ; here a run of water, over which an embankment is wanted one chain long and eight feet high ; here I marked a maple and a small c tarry by notches, which are my line of level, continuing thence, the form of the ground compels me to come near the turnpike, and the line of level goes along the side of a steep hill, and pa^sinLr by or over two deep ravines, which are 3 chains over each, and 30 fe»u 542 CANAL LAWS, &c. appendix. below m y ii ne f level, although they may be chiefly avoided by a little circuit. The soil gravelly and in some places round stone, the angle of ascent of the hill is generally 30 degrees Mile 41st. Forty-first Mile. Near the commencement of this mile, a small, short ravine one chain over, and twenty feet deep, thence along the side of the hill described on the last mile, and near a small red house by the side of the turnpike, a valley makes off to the left of the road, and following through this valley over good soil, I soon come to a creek over which an aqueduct and embankment will be necessary four chains long and thirty feet high, or it may be avoided by taking a more circuitous route ; passing down along the side of the hill on the east of the creek to near the turnpike road ; I pursue along the side hill near the road to the end of the mile. The soil on this mile gravelly, and the angle of ascent, 30 degrees generally. Mile42d. Forty-second Mile, along the same side hill as mentioned in my last mile, which is gravel soil and generally pretty direct course. After about 40 chains on this mile, near a small stable, against a rapid in the river ; here the line of level would pass on the right side of the road, and then sometimes in the road, and sometimes and more generally on the left side of the path, to the end of the mile, the angle of ascent generally 25 or 30 degrees. Mile 43d Forty-third Mile. This mile passes along the side of the hill, generally in the turnpike road, and in no instance more than 30 or 40 feet from the track of the road. The soil coarse gravel, and the angle of ascent of the hill, 30 or 40 degrees. Mile 44th. Forty-fourth Mile. This mile begins near Christie's Inn, and soon comes to a run of water in a ravine, which, if it passes pret- ty direct, will require an embankment 7 chains long and nearly 50 feet high ; the length and height may be reduced by taking a more crooked course up the stream ; thence along the side of the hill to the left of the turnpike road, and, when within 2(1 chains of East Canada Creek, the hill becomes more gradual, and my line of level, gains near, and in some places quite the top and near the hill by Canada Creek the mile ends ; soil, coarse gravel. Here, let me observe, I found plenty of lime-stone, which ap- pear to be good, although the people aboui here inform me that they do not cut well. Forty-fifth Mile. From the top of the hill, on the west side, I Mile 45th. descend *d ovv n t0 tne fl at ^ along the East Canada Creek, which I find to be 63 feet too low, and then passing over this flat and across Canada Creek, I gain the hill on the east side ; here an CANAL LAWS, &c. 543 embankment 10 chains long and G5 feet high will be required, AWWDIX as also an aqueduct to pass the canal over the creek, 340 feet long and 73 feet above low water mark. Observe that by passing along the side of the hill from a to b, and passing over the creek at r, no place would require an em- bankment more than 20 or 25 feet high, and the height of the aqueduct to pass the creek would be about 40 feet, and the length 250 feet. The line of level must then pass down along the side of the hill to near the turnpike, and unite with the other route at d. I also examined the creek up as high as the Great Falls, which are formed by several perpendicular pitches and cataracts, and are about one mile from the turnpike road. At this place I found the creek to be elevated above my line of level, and may easily be used to feed or be carried oiF on either side of the creel below. From d, near Canada Creek, I pursued along the hill a wry crooked course, passing over a mill creek near Kloch's, over which I pass without difficulty, and passing on eastward over pretty good ground to the end of the mile ; here about I made a benchmark in a large pine tree, standing about 15 rods NT. ol the turnpike road. The ground near this some stony. Observe further, that I made a slight examination to find whether with a short distance of deep cutting, I could go from the point S. near Canada Creek, and going westward fall into my line pf level at the brook, between the 40 and 41st mile : but on examination, I found the ground at S. to be 56 feet too high for my level, and to appearance would continue this height to near 2 1-2 miles back. The soii in this mile is gravel and clay, or marl. The angle of ascent in the hill, about Canada Creek, varies from 20 to 40 degrees, and the same steepness con- tinues to near Kloch's house. After passing the small creek near Kloch's, the angle of ascent becomes about 1 5 degrees. Forty-sixth Mile, passes along the side of the hill, and over MM« ground, generally good. Toward the last end of the mile the ground appears to be some rocky. Lime rock, a little under the surface, and also some loose stone on the surface. Forty-seventh Mile. Along the same hill whieh becomes rath- M,lc 47d> er broken by indentations, and makes the track very crooked. About twenty chains rocky under the surface, but, 1 believe lime rocks and the stone may be made very useful. Twenty or twenty- live chs. on this I come to a mill creek, which will require embank- ment and aqueduct, 4 chains long and 22 feet high : passing on eastward and over gravelly or clayey ground, forming a very crooked track, and passing a small run of water, which may be passed without embankment, by winding up it. After patting 1 544 CANAL LAWS, fee* APPENDIX, pursue along the same hills, very irregularly formed, and which ^^^—^ makes our track very crooked, and continues to the end of the mile, which is on the side of the hiil, opposite a small church near Zobriskie's tavern. Observe that when on the hill against this church, I found that my line of level would strike the under side of the gilt ball on top of the steeple of this church. JUile 48th. Forty-eighth Mile. Along the same side hill, which is varia- ble in ascent and quality of soil, and the line of level pretty crooked ; and toward the last part of the mile the hill becomes very steep and full of broken rocks, and in some places appear- ance of a ledge of rocks, this continues to the end. Mile 49th. Forty-ninth Mile, passes over at first some of the same rocky ground mentioned on the last mile, and thence gaining an offset in the hill ; it pursues over ground gradually descending south, but rather at the foot of a second hill, which has the appearance of lime rock in many places a little under the surface. From information this lime rock is of pretty good quality for mason work generally, although some persons say it is rather shelly, porous-stone. At the end of this mile, I was behind the tavern of J. C. Nel- lis, and marked a walnut-tree, about 30 rods from the turnpike road, (northerly) with the marking iron, 16 inches above the surface of the ground. Mile 50th. Fiftieth Mile, passes over ground of easy ascent, but full of small irregular rises, which are full of lime-stone, and nearly the whole of this mile is over land, that to all appearance the lime- stone rock lies under the surface from one to three feet. And near the end of the mile a run of water forming a gulf, requiring embankment and aqueduct 3 chains long and 30 feet high. Mile 51st. Fifty-first Mile, pursues along the side of the hill, behind J. Cochran's house, and 50 rods from the house, the hill is full of indentations, which make the line of level very crooked, the level appears about nine feet above the top of the chimney of J. Cochran's house, passing then eastward along the side of the hill, till it strikes Garoga Creek, over which an aqueduct will be required 65 feet high and about four chains long, of this height and then an embankment eight chains more, 20 or 30 feet high. The ground on this mile is various, but generally a kind of marl, a clay, or gravel mixed. I took an observation to the church at Palatine, and found that the cornice of the steeple roof would* by my line of level. * So in the original, something appears to be wanting to make the >?nse complete. CANAL LAWS, &c, I did not go up the Garoga Creek to find how far before my appendix line of level would take the water in the creek, but from enquiry, v V I believe it will not be possible to use the water of this creek to feed the canal, by a cut shorter than three miles, and some con- siderable difficulty will be found in bringing down the water on account of the perpendicular slate rock banks on the creek. Fifty-second Mile, pursues along the side hill, east of Palatine, MileSl* and near the stone Arabia road, I marked a large white oak, about 100 rods from the turnpike road, thence on eastward, upon the side of a steep hill, which is some stony ; and passing over u brook requiring embankment and aqueduct 3 chains long and 15 feet high, and appearance of lime-stone about this brook. After passing the brook, the ground becomes very stony full of round rocks, and a little on my left a ledge of rocks. The soil over this mile is gravelly, some places appearance of clay. Fifty-third Mih. Along the foot of the hill, and sometimes Mile 53d. on the side of a rocky hill, and at foot round rocks. The soil gravel and loam, and the course pretty direct ; and near Wag- goner's tavern, the line of level will come close by side of the road. The angle of ascent on this mile varies from 15 to 30 de- grees. Fifty-fourth Mile. On the first part the line of level runs Miic .^th. near the road, and along the side of hill more gradual ascent than has been for some miles, and over ground that appears some rocky. At about 40 chs. a small creek, over which an aqueduct and embankment will be necessary, of 4 chs. long and from 15 to 25 feet high. The bottom of this creek is all lime-stone, and no doubt good stone may be obtained here. Passing then over land gradually descending, and something stony, to the end of the mile. Fifty-fifth Mile. The line of level on this mile passes over Mik tolerable ground at first, then comes along the side of a rocky hill, the ascent of which is 20 to 25 degrees ; and some places in the hill appear like being free from rock, and again the rock appears. This continues to the end of the mile. Fifty-sixth Mile. This mile passes over land gradually de- Mik Sflfe scending towards the river, and has lime rock from 1 to 3 feet under the surface, and some loose rocks on the top* The line of level is not so straight as laid down on the map; but the surface is irregular lateral valleys and ridges, with some considerable rocky places — soil loam and gravel. Note. The ridcrc of Frv's new stone house is the line oJ level 60 54G CANAL LAWS, &tc. Mile 57th. APPENDIX, Fifty-seventh Mile. This mile passes over very irregular sur- face : some ridges of lime-stone rising upon an inclined plane, and passes along behind Shepherd's tavern about 50 rods, and near an old stone wall. This mile and the last have the best lime stone which I have seen on the whole route. After passing Shepherd's, the hill soon bears off more boldly towards the river, and becomes more steep, and appearance in some places of rock, although generally gravel. Mile 58th. Fifty-eighth Mile. Along the same hill mentioned on the lat- ter part of the last mile, and which becomes now an ascent of 30 to 35 degrees, and appearance of rock a little under the surface. This continues to the end of the mile. Mile 59th. Fifty-ninth Mile, passes along the side of a steep rocky hill, the angle of ascent being 30 to 40 degrees, and appearance of rock on, and a little under the surface the whole distance. This rock on the side of the hill appears like lime-stone : but the people along here tell me it is not. The hill is covered with wood the whole length of the mile. The stone on the side of this hill are tolerable shape for wall. Mi!« 60th. Sixtieth Mile, continues along the side of the same steep rock, as mentioned on the last mile, and the angle of ascent becomes nearly 50 degrees in some places. This mile passes Spraker's tavern, and the line of level is 105 feet above the ground near his house. The height of this hill is about 220 feet above the ground where the house stands, to the brink, or what would be called the top, and from this point a gradual ascent north. Mile 6lst. Sixty-first Mile. Along the side of the same inaccessible hill, which declines a little, the ascent being only 40 to 45 degrees, and stiil less as it approaches a creek which comes down the hill and passes De Wandelaer's tavern. Over this creek the level can pass without much difficulty, as the fall in the creek is very great, and a little angle to the left will pass the creek with a small aqueduct. The stream is not of much consequence in a dry season, and will not be worth the trouble of turning into the ca- nal. After passing the creek, the level gains the side of the hill, along which it pursues over rocky ground to the end. Mile 62d. Sixty-second Mile. This mile passes Anthony's Nose, and the whole distance along the side of the rock, and 117 feet above the ground in the travelled path at the point of the Nose. The whole of this mile is rocky hill, and ascent varying from 30 to 50 degrees. The height, of the hill at the Nose is about 240 feet, or 250 above the level of the river against it. Mile 63d. Sixty-third Mile. This mile passes along the same rocky hill, and the angle of ascent is very much like the last mile. It passes CANAL LAWS, fee, behind Connollys tavern, and about 90 feet above the Iqvel ul M*PBKWJ the ground where his house stands. v V 4 Sixty-fourth Mile. This mile commences near Connolly's, MiUfriih. and passes along the side of the hill, which continues very steep Tor about halfway of the mile. It then tarns off X. and X. W. leaving a ridge 4 or off-set in it, which follows the course of the river, and the other part running off northerly, and then easterly and southerly, forms the Sand Flats, so called, upon the top of the ridge, following the river and below the other. At about half way on this mile my line of level gains the river ridge, and appears to have a little command of the country be fore, and passing over on the last ofjthis mile some gravelly land, and taking a course nearly north to the end of the mile. Sixty-fifth Mile. This mile passes over gravelly and sandy 65t *- soil, and has a little choice of ground — pursuing a northerly course at first, and then north-easterly to the end of the mile — very good ground for a canal. Sixty-sixth Mile, passes over land generally sandy loam, and Mile 66th lias a little choice in ground, being now away from the river. There are some places on this mile where I passed over, which are a little too high for my level; but a little more circuitous route would come on ground which is the level I wish. This part of the country is pretty level on a general v^ew, and soil easy. Sixty-seventh Mile. This mile passes over sandy, loamy soil, M le6?th. and may pursue a tolerable direct course by a cutting a little deeper than my line of level, or by taking a little more circuitous route, a track may be pursued over ground of the level you wish. Sixty-eighth Mile, passes over sandy loam, and the general ap- M : !c€S h. pearance of the surface very level and fine for a canal. Some part of this mile will be found to be a little above my line of level; and I did not see any ground quite low enough for my level, without making a track very crooked. 1 accordingly pur- sued over ground about six feet too high, and remarkably level nearly one half of this mile. Sixty ninth Mile. This mile passes over smooth surface, sandy m«1c 63ib. soil land, to near the CaiiLzhnawaga creek. Here a considerable wide gulf, about 8 chs. wide, and 90 feet below inv line of level, and requiring an embankment and aqueduct. After passing the creek, the land prettv good, :i tolerable level to the end of the mile. CANAL LAWS, fee. APPENDIX, Seventieth Mile, passes over tolerable ground for a canal, ex* Mile'roth"' ce P* a wm( ^ m § t0 av °id the highest eminences. The soil sandy and gravelly, and at the end of this mile we are compelled to come upon the high hills near the river, and the end of the mile near the east end of the village of Caughnawaga. The high land on which Butterbury Islands makes down to the river, is elevated 50 to 150 feet above my line of level. Mile Tut. Seventy-first Mile, passes along the side of a steep hill, ascent on first part about 25 to 30 degrees, and against John Fonda's, a small ravine. Farther eastwardly the hill becomes more steep and rocky, and against Hardenbergh's Inn, the ascent is 40 50 degrees ; and the hill rises 100 feet above the line of level There appears plenty of limestone in this hill. Mile T2d. Seventy-second Mile, passes along the same side hill as men- tioned in the last mile, and which becomes less steep, or an an- gle of elevation of 25 degrees, and the height of the hill de- clines gradually as we go eastward; and the height above our level, at the latter part of the mile, is about 40 or 50 feet. The soil is gravel or clay, and more generally I believe clay under the gravel. Mile 73d. Seventy-third Mile. Along the same side hill, and over the same kind of soil as before mentioned. After about 50 chains on this mile, I came to Tripe's Kill, in a large gulf, over which an embankment and aqueduct will be re- quired, 5 chains long, and 94 feet high in the centre, and gradu- ally decreasing each way, continuing on eastward to the end of the mile ; here marked an apple tree, with a notch about four feet from the ground. This tree stands about 10 feet from the fence, on the south tide of the road. The hill on the last part of this mile becomes less steep. Mile T4(h. Seventy-fourth Mile, passes along the side of the hill on the south of the turnpike road, over soil generally gravelly, and the ascent on the first part not more than 15 or 20 degrees. Further eastward, the ascent of the hill becomes more steep, and ascent 25 or 30 degrees ; and toward the last part of the mile some sandy soil. IVIile 75th. Seventy-fifth Mile, passes along the side of Tripe's Hill, which is here cut with gullies, washed down by springs coming out of the hill. The course of the canal very crooked. The hill is elevated about 40 feet above the line of level. Soil sandy on first part, and last part gravelly. Mile 76th. Seventy-sixth Mile. The first part of this mile along the side of Tripe's Hill, over gravelly and sandy soil ; it then passes i A .\ A f j LAWS, &t. 549 from south to north side of the turnpike, on tin- side of the lull, APFEJfWI and here put down a stake; also marked an oak by the N. side ^ V of the road, with a notch cut in it for the level of canal. Pass- ing on eastward, I meet a ravine and creek, which require aque- duct and embankment 4 chains long and 45 or 50 feet high ; here, in this creek, excellent lime stone. After passing this creek, it passes along the side of a hill, sometimes steep ascent, and sometimes gradual, with stony soil, and cut by indentations, so as to make small crooks in the line of level. Seventy-seventh Mile. Along the same hill as mentioned in Mile 77th. the last mile, and which is full of small indentations, and the soil in places very stony and some rocky ; there is also some small ravines. The soil is gravel and stony — rocky spots. An- gle of ascent varies from 20 to 35 degrees. Seventy-eighth .Mile. At the commencement of this mile, T am Mite 78ib. near Cuyler's place, or as is said, Sir John Johnson's former seat, and about 1 ! 4 feet above the ground w here the house stands ; then eastward, I come to the Mill creek, overvalley of which an em- bankment and aqueduct will be necessary, 8 chains long, and 95 feet high in the centre, and gradually declining each way in Height ; thence alone: the side of the hill, which is stony and rockv. The ascent varies between 20 and 35 degrees, and ma- ny windings and indentations. Some very good stone about here. Seventy-ninth Mile. Along the side of the hill, a little dis- M,le 79,b tance from the road, and passing over two ravines, in which air small runs of water, each about two chains over, and TO to 80 feet deep, but the depth may be lessened one hall' by making a bend up the stream 15 or 20 rods. The ascent of the hill about 25. decrees, and the soil stony and some spots rocky. From ap- pearance, there is plenty of lime stone about this part, very good •for cutting Near the easternmost brook, and on the westerly bank, near the top of the hill, I mack 1 a bench mark in a white oak, near where a road goes up the hill to Dr. Shepherd'.-. Eightieth Mile, passes along the side hill, which is irregular, ™ 80,k and some places the ascent tolerably easy, but generally . tony, and some rocky, (lime rock) — all way through timber land — as- cent varying between 15 and 30 degrees Eighty-first Mile. Along the same tide hill, and about half way, we come to the Chuetanunda, above Amsterdam village. This creek has some cataracts, and some perpendicular falls in it. near the river, and we can pass it without any difficulty about 100 rods N. of the village or turnpike road, and will only re- quire an aqueduct about 2 chain- long and \2 feet hi'zh. After Mil« SI- CANAL LAW S, APPENDIX passujg this creek, I pass just behind the garden of Mr. Water*, " v ' where I made a bench mark in a small black oak ; passing on thence along the side of the hill, which is in places steep and rocky to the end of the mile. Mile82d. Eighty-second Mile. Along the side of the hill. Ground stony and rocky in places. The ascent 15 to 35 decrees; and at little more than half the distance, a small creek, over which an aqueduct, 38 feet high, and 2 chains long ; thence along the same side hill, which becomes steeper at the last end of the mile. Mile 83d Eighty-third Mile. Along the side hill, which now has an ascent of 25 to 30 degrees, and some places rocky. There are two ravines, in which are small runs of water ; these will each require high aqueduct, and about 4 chains long. The soil, where clear of the rock, is gravelly, but too steep the whole dis- tance to be cultivated. Mile 84th. Eighty-fourth Mile. On the same side hill as before, which is here very steep and rocky. Near the last part of the mile- we come to Evan's Kill, a small mill creek, which forms a very deep ravine, and will require an aqueduct 4 chains long, and SO or 90 feet high. This may be avoided in part, by passing the creek higher up, but this will make a very crooked track. Near the end of this mile, and behind Groot's tavern, 12 miles from Schenectady, I made a bench mark, in a soft maple and a white oak, by a small path which goes up the hill. Mile 85th. Eighty-fifth Mile. Passing on eastwardly of Groot's tavern, on the side of the hill, which becomes quite rough and rocky in places, and others a gravelly soil. The ascent varying from 20 to 35 degrees. A stream or run of water, on which there is a mill; this, by reason of the stream falling rapidly, is easily passed with a little circuit, or direct by an aqueduct 30 feet high.. Some part of this mile we are within 25 or 30 feet of the top of the hill; towards the last part, however, the hill rises conside- rably. MiieS6ih. Eighty-sixth Mile. Along the same hill which continues to rise higher, steeper and more rocky — some little indentation in the hill which I did not lay down in my map, and which would make the line of the level a little serpentine. Mile 87th. Eighty-seventh Mile. On the side of the same hill which here rises to a mountain, and the ascent from 40 to 50 degrees, and rocky, ledgy ground. This continues to the end of the mile. Mile 88th. Eighty-eighth Mile. This mile commences on the side of the hig hill or mountain, and soon comes to where a creek passe> CANAL LAWS, kc. 551 this cutting, down a deep gulf, over which an aqueduct will be re- AlTKNfUX quired 70 feet high and 5 chains long* Passing on them the 1 v ' hill becomes more gradual in ascent, and against Vedder's Ferry a bench mark where a road goes up the Mil — a white oak with a notch cut in it. This place appears a Kind of projection of th<- main hill, which recedes from the rivt r, and this secondary 1 1 i 1 1 is about 25 or oO feet above my line of level ; thence passing round this hill, and turning off northward to catch the greal hill, along which I pursue to the end of this mile. The ascent is va- rious on this mile, generally about 25 or thirty degrees, and tin- soil some rocky, some gravelly, and some spots sandj . Eighty-ninth Mile, passes along the side of a mountain, which MDetSdt is generally 40 degrees angle of ascent, and the hill very high above the line of level — rocky and bad, at end against Veddei 1 tavern, 7 miles from Schenectady. Ninetieth Mile. At the commencement of this mile, we come Mile 90 ' h - to a small creek which makes its way through the mountain, form- ing a very deep gulf, over which an aqueduct will be wanted, 8 chains long and 70 feet high ; or by rounding up the creek and passing it higher, the height and length of aqueduct will be les- sened. Passing on thence along the side of the hill, the angle of ascent becomes less and the route a little crooked, to the end of the mile — and the soil gravelly and stony since passing the creek. Ninety-first Mile. This mile is along the side of the high hill !NIilc 9l5t which forms a little irregular, making however, a general course of the Mohawk. The soil gravelly and stony, some places al- so, appearance of rocks. The angle of ascent varies from 20 to 30 degrees. Ninety-second .Mile. This mile is very much like the last, Mile 92-v though I think the angle of ascent is generally a little less, and I have seen no rocks on this mile. Ninety-third Mile. Pursuing my route on this mile, I soon Mil? 93d. found the line of level making round the point of the hill, and turning off northerly, and then N. W. and north : and after tak- ing a view of the country, and finding by my instrument and by the eye, that I should be under the necessity of pursuing a north- erly and N. N.W. direction, many miles, in order to find ground, or keep on ground sufficiently high for my level, (see map No. 22.) I thought it best to abandon the level, and pursue a route for Waterford, taking general observations of the country : these are noted, and are to be found further on, between map No. 21 and 22. and reference is made particnlarlv to map 22. 552 CANAL LAWS, fee. 1 will only state, that in pursuing my route through to Water- ford, I have attempted to ascertain the fall from Schenectady to Waterford, and find it 197 T \ 2 o feet. This, it will be perceived, differs very considerably from the estimation made by Mr. Galla- tin, in his report to Congress, where he fixes it at 168fVvfeet : how this can be reconciled in any way, without supposing Mr. Wes- ton to have estimated the part above Lansing's mills erroneously — he supposed it 28 1-4 feet, when it must be 57 f not ttV « ' • they are a hard granite, and hammer but poorly 70 654 APPENDIX. CANAL LAWS, &c. From East Canada Creek to Palatine. This part of the country near Canada Creek, and for 2 1-2 miles, forms a pretty level surface, immediately on the high land adjoining the river, over which track of ground the turnpike passes. This ground is generally too low by 20 to 50 feet, and from this the high land forms in some places gradually, in others more abruptly, shewing points or spurs of high ground, which ve- ry soon forms itself into a high range of country N. of the turn- pike, and continues rising gradually to many miles, or to the head waters of the Canada and Garoga creeks. From 2 1-2 miles E. of Canada creek to 5 miles, the high land forms a more straight and higher elevated appearance, near the road, shewing in many places appearance of several different kinds of rocks or stones, in ledges above the surface, and proba- bly much more under the surface. From this last mentioned point, (5 miles) to Palatine or Garoga Creek, the country appears to rise much more gradually, forming as it were rather a great valley about the Garoga Creek, which is at right angles with the valley of the Mohawk river, and of which the track of coun- try I am describing forms the westerly side of the valley. This tract of country appears to be lime stone over a great part of it, in some places near and above the surface, and in others deep in the ground. There is also considerable appearance of lime stone in differ- ent spots of the whole distance between E. Canada Creek and Garoga Creek, and the general appearance indicates it to be of a good quality. From Palatine or Garoga Creek, to Caughnawaga. From information obtained at Palatine, I was induced to at- tempt finding a passage for the canal, by taking a course up along the easterly side of the valley formed by the Garoga Creek, and then up the valley formed by a small stream which rises N. of Stone Arabia, and running westerly, falls into the Garoga, and from the head of this small stream passing eastward, and fall in with the country near the Mohawk, at Caughnawaga. For this purpose, I went up, carrying up the level, and found upon trial, that the country N. of Stone Arabia, was more than 400 feet above my line of level, and after a view of the country from the highest part, I found it rising gradually northward, and falling gradually southward, until it terminated in a country about and near the Mohawk, such as Anthony's Nose, the level of which is about 120 feet above my line of level. This induced me to abandon this part of the country, and pursue along thfi valley of the Mohawk, a particular description of which has bepu erivpn on the immediate track where the line of level passed. CANAL LAWS, fee. From Palatine to Shepherd's, (opposite the mouth of Bowman's Creek,) the country has plenty of lime stone in almost every part of it, and it rises from the turnpike road northwardly, very gradually for a little distance, and then more abruptly and irre- gularly, until it rises N. Easterly to the high land about Stone Arabia. From Shepherd's eastwardly, the country is rocky, (of granite) until half a mile east of ConnoUy's tavern; here the country flats away a little, and forms on a general view the west- erly side of a valley formed by the large creek which falls into the Mohawk river, near Caughnawaga village. In this part of the country, I have not noticed any lime stune. From Caughnawaga Village to Ilavihfs, four miles from Scke* nectady. This section of the country, in general rises pretty abruptly, until it is elevated from 50 to 150 feet above my line of level, and is generally east of Tripe's hill, stony or rocky, some limestone, and some granite, and is bad for forming a canal. The country between the easterly side of Tripe's hill and Caugh- nawaga ; the land near the turnpike road, having gained an elevation of 40 or 50 feet above my line of level, then forms some table land, which, continuing on northerly a distance, then rises into a higher country, and continues rising for many miles north- erly : this is more particularly about Tripe's hill, and westerly from it. Near Caughnawaga, the hill is higher and steeper than further east. From Havily's eastward, the Aelplans creek forms a great val- ley, and extends northerly 8 or 10 miles, and to this distance, the whole country is lower than the line of level. If I had pursued the instructions, I should have been compelled to follow around the side of the high land, along near the red dotted line, and crossing ever the valley and branches of Aelplans creek, at rr, and having arrived at 6, 1 should there find the hill too high, and should be under the necessity of pursuing along, probably some- thing as represented by the red dotted line, and having arrived at c, I should have been under the necessity of taking a northerly course along the west side of the valley, formed by long lake, which would have carried me northerly to within 2 or 3 miles of Ballston springs : this elevation of ground would probably have carried me on with my level, until within 8 or 10 miles of Hud- son river, at and I should then have been unable to pass south- erly over the valley of Anthony's kill. I found by an examin ition, that there was no land (except a small section represented on the map N. E. of Alexander's bridge) between Havily's and Waterford, sufficiently hiixh for my line of level. The country south of Anthony's kill, and easterly of Dwarf kill, and north of Mohawk, it will be seen, by examining 556 CANAL LAWS, &c. APT'ENDIX. ]yf a p 22, is an extensive pine plain, with an undulating surface, and from 50 to 120 feet below the level required ; and this same elevation continues to within 3 miles of Waterford. The soil through this tract is sandy. That part of the country, northeast of Alexander's bridge, which has been noticed as high enough for the level, is found to be a ridge of slate land, which appears to cross the Mohawk at right angles, below Alexander's bridge, forming perpendicular banks of slate rock upon the edge of the water, which I found atg-, 120 feet above the water in the Mohawk at Schenectady. I took notice of the southerly side of the river also, and as far as I could judge, the perpendicular bank next the river, was not as high in any instance, as that above mentioned, on the north side, by 40 or 50 feet. It will be recollected that a part of my instructions directed that when " opposite to Schenectady," the line of level " will " have reached the elevation of ground north of that village, " and that with little elevation a course maybe found running u northward towards the Kayaderosseras creek. This stream " will supply water to keep on still further in a northerly course « towards Glen's Falls," he. Presuming that the committee had in view in this part of their instructions a connection of a western and northern canal, and that the junction should be formed northerly of Schenectady. I examined the country by observations from the high points of land, and found that admitting the canal from the west was car- ried on to G, in the direction of the dotted line, some point be- tween C and G would be the most natural plan for these to unite; and I can only say, that from information, and a cursory view, the great valley along ihe Kayaderosseras creek cannot be passed (by a canal from the north in the direction of Glen's Falls) on the level which I should be at any point between C and G. Finding the country, therefore, so different from what appear- ed to me to be the wish of the committee, I concluded to give up that part of my work for the present, until the committee should be able to give a more certain level to pursue, which would give them more information than the one I was directed to take. When in this part of the country, I learned from persons of good information, that the country north of Saratoga lake, and in the direction as far as Glen's Falls, is, to speak generally, level pine land, and it is not improbable that the Hudson river near Glen's Falls is considerably above the surface of Saratoga lake ; and as I have been informed the Kayaderosseras creek is a deep stream, with very little fall for many miles from the lake. The country also between Hudson river near Glen's Falls, and the south end of Lake George, is said to be quite level, and gene- rally of sandy soil. It was my intention to have given a few observations on what ! have noticed by looking across to the south side of the Mohawk CANAL LAWS, kc. at certain points; but having understood that a regular survey appendix. and examination of that side was determined on, I defer it, lest v ^ ' my bird's eye view of some important places may, on actual sur- vey, prove deceptive. LOTTERIES. At Pages 328, 329, is given a statement made by the comp- troller in 1817, of the sums to be raised by lottery, he. The following is a fuller statement, made by the comptroller, to tin- senate in 1825. Sums of money and other appropriations to the several colh and academies, by lotteries, Columbia College, New-York, #54,755, and the Bo- tanic Garden, purchased at $70,000, $124,755 College of Physicians and Surgeons, New- York, 69,600 Union College, Schenectady, $374,000, and ten lots in the Military tract, containing 5,500 acres, 374,000 Hamilton College, 100,800 College of Physicians and Surgeons, in the Western District, 15,000 Fairfield Academy, 5,000 Oxford Academy, (besides lot No. 25, Sempronius.) 2,970 Washington Academy. 3.000 Delhi Academy, 6,000 Montgomery Acadcm}-, 1,418 Albany Female Academy, Middlebury, Red-IIook and Mount Peasant Academies, $1,000 each, 4,000 Lowville Academy, 3,000 $715,543 Besides the following grants. Johnstown Academy, lot No. 36, in Johnstown, half an acre. Cayuga Academy, 275 acres in Scipio, and No. 89, Cato. Pompey Academy, lot No. 15, Camilla-;. Courtland Academy, lot No. S5. Homer. Seneca Academy, lot No. 24, Ulysses. Onondaga Academy, lot No. 9, Lysander. St. Lawrence Academy, lot No. 56, Potsdam. Lowvile Academy, 640 acres on St. Lawrence river. 556 ( ANAL LAWS, &s< APPENDIX RATES OF TOLL, CHARGED ON THE ERIE AND CHAMPLAIN CANALS. Adopted March 3, 1823. Per mile— Cents. Mills. On Salt, per ton, Gypsum, per ton, Flour, meal and all kinds of grain, salted provisions, pot and pearl ashes per ton, Merchandize, per ton, Timber, squared or round, per hundred solid feet, Boards, plank and scantling reduced to inch measure, and all siding, lath, and other sawed stuff less than one inch thick, per thousand feet, if conveyed in boats, The same, if conveyed in rafts, Shingles, per thousand, if conveyed in boats, The same, if conveyed in rafts, Brick, sand, lime, iron ore, and stone, wrought or unwrought, per ton, Posts and rails for fencing, per thousand, if conveyed in boats, The same, if onveyed in rafts, Wood for fuel, excepting such as shall be intended to be used in the manufacture of salt, which shall pass free, per cord, Boats, made and used chiefly for the transportation of property, of fif- teen tons burthen and upwards, Boats of this description of less than fifteen tons burthen, and on all skiffs and other light craft, Boats, made and chiefly used for the carriage of person?, Staves and heading — pipe, per thousand, do. hogshead, do. barrel and others, AH iron castings, per ton, Articles not enumerated, per ton, I certify, that at a meeting of the canal commissioners, held on the 3d of March, 1823, it was Resolved, That the foregoing rates of toll should be collected on the several articles above specified, for passing on the Erie and Champiain canals, and that the increased rates of toll should take effect from and after the first day of May next. HENRY SEYMOUR, Secretary of the Board of Canal Commissioners. 5 5 1 5 3 1 1 2 2 4 3 1 2 1 5 6 1 7 5 1 1 RATES OF TOLL, ON THE ERIE AND CHAMPLAIN CANALS. Adopted March 17, 1825, Cents. Mills. On salt manufactured in this state, per ton per mile, 5 Gypsum, the product of this state, per ton per mile, 5 Brirk, sand, lime, stone unwrought, clay, earth, leached ashes, manure and iron ore, per ton per mile, 5 CANAL LAWS, he 059 ■ " i - _ _ Cents. Mills. APPENDIX. Ou Household furniture, per ton per mile, 1 Timber, squared and round, per 100 solid feet per mile, I ft Boards, plank and scantling, reduced to inch measure, and all siding, lath, and other sawed stufi less than one inch thick per M. feet per mile, if conveyed in boats, 1 The same if transported in rafts, per mile, 2 Shingles if conveyed in boats, per M. per mile, B 2 The same if transported by rafts, 4 Split posts and rails for fencing, per M. per mile, 4 The same if transported in rafts, S ft Wood for fuel, (excepting such as may be used in the manufacture of salt, which shall be exempt from toll) one cent per cord per mile, if in boats, 1 The same in rafts, 2 Staves and heading, for pipes, per M. per mile. 1 Do. for hogsheads, per M per mile, Do. for barrels, or other vessels of less size, 8 All staves and heading, if transported by rafts, twice the above rate;, Boats made and used chiefly for the transportation of property, per mile, 2 Boats used chvefly for the transportation of persons, excepting those which pass on the junction canal, per mile, 20 ft Boats of the above description, which pass on the junction canal, and which are not connected with the regular lines of boats for the transportation ot passengers on the Erie orChamplain canals, per mile, CO All articles not enumerated, which are passing towards tide water, per ton per mile, 1 5 All articles not enumerated, passing from tide water, per ton per mile, .. 3ft Passengers in freight boats, estimated at 150 lbs. each, per ton per mile, 1 ° Passengers under twelve years old in freight boats, to be estimated at 75 lbs. each. Ordered, That hereafter, the above rates of toll be charged and collected on theEr.'e. Cbamplain and Junction Canals. STEPHEN VAN RENSSELAER. SAMUEL YOUNG, HENRY SEYMOUR. WILLIAM C. BOUCK GENERAL TABLE OF CONTENTS, OF VOLUME I. (Chronologically arranged from the year 1303, to the year 1820, im!u*.*c DOCUMENTS, &c. IN 1808. PAGE. Mr. Forman's resolution in Assembly, February 4, 1308, 7 concurred in by the Senate, February 5, 1808, 8 Mr. Gold's report, (March 21, 1808) from the joint committee on canals, 3 Resolution thereupon, B Concurred in by the Senate, April 6, 1808, 1 1 Section from the act of April 11, 180S, allowing $600 for expense of exploring route, &c. 1 ' The Surveyor General's appointment of James Geddes, to explore routc^ &c. June 11, 1808, II DOCUMENTS, &c. IN 1809. Report of James Geddes, January 20, 1809, 13 Appendices A, B, C, to his report, 33, 34, 3£ DOCUMENTS, &c. IN 1810. Mr. Piatt's resolution in the Senate, March 13, 1810, 4*3 concurred in by the Assembly, March 15, 1810, 47 Section from the act of April 5, 1810, allowing £3000 for exploring route, &c. 47 DOCUMENTS, &c. IN 1811. Report of the canal commissioners, March 2, 1 81 1 , 43 Order of the Senate and Assembly to publish 5000 copies, Law of April 8, 1811, " for the improvement of the internal mitigation of the state, ^ DOCUMENTS, &c. IN 131 J. Report of canal commissioners, March 14, 181?, «J Copy of application to Congress, to the different states and ten itones, 85 of letter to the President of U. S. *J Report of the commissioners appointed to attend at the seut of the Gcu» INDEX. INDEX. Message of the President of U. S. to Congress, 95 v ■ * Draft of a bill proposed to Congress, to be passed into a law, for appro- priating the public lands of the Union, to the different states, for ca- nals, &c. 95 Copy, R. Bowne's letter to the canal commissioners, (February 2, 1812,) on the subject of the purchase of the rights of the Western In- land lock navigation company, 100 Legislative proceedings in the year 1812, 186 Law of June 19, 1812, " further to provide for the improvement of the internal navigation of this state," 194 DOCUMENTS, &c. IN 1813. Resolution proposed in the Senate, (February 10, 1813,) requiring report ri'om canal commissioners, 101 DOCUMENTS, &c. IN 1814. Report of Canal Commissioners, March 8, 1814, 102 Schedule of lands agreed to be ceded by individuals, &c. 106 Bill brought in to repeal 3 sections in the act of June 19, 1812, and pro- ceedings thereupon in the legislature, 107 Those sections repealed by the law of April 15, 1814, 115 DOCUMENTS, &c. IN 1816. Extract from Governor's Speech in 1816, 116 Report of Canal Commissioners, March 8, 1816, 116 Petitions in 1816, from individuals, towns, cities and counties, for the canal, &c. 119 Memorial, at large, from the city of New York, 122 Report from Joint Committee on canals, March 21, 1816, 141 J. Geddes' statement to the committee, 144 B. Wright's statement to same committee, 146 Legislative proceedings in 1816, 149 Synopsis of the bill as it passed the Assembly in 1816, 167 Mr. Duer's substitute for the bill, 155 Bill as passed into a law, April 17, 1816, " to provide for the improve- *' mentof the internal navigation of the state," 184 DOCUMENTS, &c. IN 1817. Report of Canal Commissioners, Feb. 17, 1817, 196 Report of Joint Committee on canals, March 18, 1817, 272 Report of Canal Commissioners as to Champlain canal, March 19, 1817, 287 Application to Congress, 293 Letter to governor of Ohio, 297 His answer, with proceedings of General Assembly of Ohio, 29S Information stated, as to Middlesex canal in Massachusetts, 301, 320 JLetters to, and from, Paul Busti, January 4, 1817, 308 Letter to the members of Congress from this state, 311 from Philetus Swift 312 INDEX. o17, 334 Answers of the two houses, 334, 335 Legislative proceedings of 1817, 335 Section in an act of April 15, 1817, allowing $1000 for expenses under the act of April 17, 1816, 35?] Act " respecting navigable communications between the great western M and northern lakes, and the Atlantic Ocean," passed April 15, 1817, 358 Act authorizing convicts from the state prison to be employed in work on the canal, April 15, 1817, 365 Section appropriating $4,000 for canal expenses, April 15, 1817, 365 DOCUMENTS, &c. IN 1818. Extract from Governor's Speech, 366 Report of canal commissioners, Jan. 31, 1818, 366 Names of canal contractors, 382 Legislative proceedings in 1818, 382 Answers of Senate and Assembly to Governor's Speech, 382 — 334 Extracts from act incorporating Chitteniugo canal company, relating to Grand Canal, kc. March 6, 1818, 337 Act relative to Buffalo harbor, April 10, 1818, 388 Act to improve the funds, and for redemption of funded debt, &c. April it, 1818, 3S9 DOCUMENTS &c. IX 181?. Extract from Governor's Speech, 393 Answers of Senate and Assembly, 397, 398 Report of canal commissioners, Jan. 25, 1819, 393 do. on Champlain canal, do. 417 Tables of aqueducts, culverts, and waste- weirs, 418, 419, 420 Report of canal committee, Feb. 22, 1819, 420 Their enquiries addressed to canal commissioners, and the answer thereto, 422, 424 Legislative proceedings in 1819, 427 Report of canal committee, on improving Oswego river to Lake On- tario, &c. 429 Act to construct Buffalo Creek harbor, April 7, 1819, 431 Act concerning the Great Western and Northern Canals, April 7. 1819, 4 3 J INDEX. INDEX. Act declaring the conditions of the grant from the Holland Land Com- > panVj April 13, 1819, 435 DOCUMENTS, 4-c. IN 1820. Extract from Governor's Speech, 437 Report of canal commissioners, Feb. 18, 1820, 440 do. as to Champlain canal, do. 456 Report of canal committee, March 14, J 820, 458 Letter to George Huntington, chairman, &c. from canal commis- sioners, 459 D. Thomas's surveys, &c. of Buffalo harbor, 482 Report of canal commissioners, Feb. 23, 1820, respecting survey from the mouth of Oswego river, &c. 489 Letter from D. S. Bates, Jan. 7, 1820, 490 Proceedings on the part of the state to purchase the right of the Wes- tern Inland Lock Navigation Company, 502 Law of March 30, 1820, to amend the act respecting navigable com- munications, &c. 514 do. of April 5, establishing salary of canal commissioners, 516 do. of April 12, concerning the Erie and Champlain Canals, 516 do. of April 13, for their maintenance and protection, 518 do. of April 14, appropriating Grand Island, 528 do. allowing muskrats to be killed along the line of the canals. 528 Examination of the country for a canal from Rome to Waterford, on the north side of the Mohawk River, by B. Wright in 1811, [In Appen- dix.] 531 Rates of toll, adopted in 1823, [In Appendix.] 558 do. adopted in 1825, [In Appendix.] 558 Extract from report on lotteries, by Comptroller in 1825, [In Appendix] 557 Act of February 8, 1825, directing publication of this work, 3, Names of canal committee in 1825, 5 Letter from Surveyor General, to W. Darby, 38 do* from J. Geddes, to W. Darby, 42 TO VOLUME I. A. PAGE. Acts of the Legislature, (see Laics, Legislative proceedings, fyc.) INDEX. Adams, Mr. • 1 1 v v — ■ Adams, A. Mr. 149. 153, 9. 160, 2, 4, 6, 9. 17 J Adams, T. Mr. 150, 2, 3, 8. 160, 2, 7, 9. 17J Affidavits, of the Commissioners who appraised the amount due the W. I. Lock Aavigation Co. for their right*. 505 Agents, employed, &c. 409 (see also Canal Commissioners.) Agriculture, aided by canals, 129 Albany, route from, to Oswego alluded to, 39 descent from Lake Erie to the height of land between Alba- ny and Schenectady, 61 petition from, for Canal, 119, 120 lateral canal to, &c. 266 in 1817, proposed in the legislature to tax Albany for the Canal, 2'M trade to, alluded to, 476 Albemarle Sound, B& 97 Albert, Mr. 2*1. 336, Ml, 8, 6 Alexander's Mills, 26 :> Allegany river, efforts of other states to secure the trade west of this river, 7. 476 Allen, Mr. 108, 10. 174, 5, 6, 7, 8. 271. 340. 2, 3, 5, C. 351, 2, 3, 4, 5. 6, 7. 606, 10 Allen's Creek, 37. 56 Ambler, Mr. |Wt. 336, 7, 8. 340, 2, 3, 5, 7, H, 9 Andrus, Mr. 189. 191, 2. 3 Angle, Mr. 109, 1 !. It, N Annual Reports. (see Reports — Canal Commissioners. C anal Committees. Li ^isla f ive proceeding^ :>od INDEX. INDEX. Answers of the Legislature to Governors speeches. -" / in 1816, 334, 6 in 1818, 382, 4, 6 in 1819, 397, 8 see also legislative proceedings. [After the year 1819, the two branches of the legislature discontinued the practice of returning answers to Governors speeches, &c."| Appraisement of damages on lands — maps of those lands required, 3 Appropriation for expenses, by the act of April 5, 1810, 47 (see also laws, legislative proceedings, fyc.) Aqueducts, arch at Oswego, 15 alluded to 265 between Utica and Seneca river, 400 at Nine Mile Creek, 402 their elevations, &c. 409. 411 on the middle section, 418 Armstrong, Mr. 507. 510 Arnold, Mr. 102. 186, 7, 8, 9, 190, 1,2, 3, 4 Ashes, pot and pearl, 473 Assembly, copies of this work for that house, 4 (see also legislative proceedings.) Atlantic ocean, reference to communication with, made by president of the U. S. 7 (see legislative proceedings, laws, canal commissioners.) Atwater, Mr. 102. 115. 174,5 Auction duties, proposed to be appropriated in part in 1816, 143 also in 1817, 282 granted in part to the canal in 1817, 362 Austin, Mr. 507, 9 Avery, Mr. 109, 11, 14 Avon, petition from, for canal, 121 Ayes and noes (See divisions, and the names of members alphabetically arranged in this Index.) B. Babcock, Mr. 383, 6. 507, 9 Bacon, Mr. 420, 9 Baker, Mr. 109, 111, 112 Balize, the 129 Ballard, Mr. 10, 150, 2, 3, 9. 160, 2, 7. 172, 180, 2 Ballou's Creek and Ravine, 251 Baltic sea, trade to, alluded to, 63 Baltimore, 132, 474 freight from, 277 Bank stock, proposed to be taxed, 143 Banks of Canal, inside slope of, 441 Barber, Mr. 272, 336, 7, 8. 340, 1, 4, 7, 8, 9. 386 Barker, Mr. 174. 5, 6, 7, 8. 384. 427 INDEX. Barkers, culvert near to, u I WMX Barley, raising of, &c. 129 v v ' Barlow, Mr. 1 1 Barnes, Mr. tli t 3J6, 7. 340, 2, 4, 7, 8, n Barney, Mr. 150, 2, 3, 8. 160, '2, 9, 172, 180, 2 Barnum, Mr. 109, 111, US, 114 Barstow, Mr. 149, 154,9, 160, 2, 6. 170, 3. 181, 3. 271, 3H3, 386 Bartow, A. A. expenses paid him, Bates, Mi. 174, 5, 6, 7, 3. 351, 2, 3, 4, 5, 6, 7 Bath, 476 Battey's Brook. 217 Bay, Mr. 303 Bayard, W. his name inserted as canal commissioner, in bill from the assembly, in 1316, 1 81 letter written to, &c. Bayley, Mr. 150,2,4, 8. 160, 2, 7, 9, 172, 181, 183 Beach, Mr. 149, 152, 4, 8. 160, 2, 4. 345, 6, 8, 9. 384, 386 Beaver-dam creek, Beckwith, Mr. 271, 336, 7, 9. 340, 2, 3, 5, 7, 8, 9. Beef, 474 boats with, on Canal, 12° Bees wax, Belding, Mr. 383, 386 Belknap, Mr. 383, 386 Bellinger, Mr. 109, 111, 112, 114 Benjamin, Mr. 189, 190, 191, 193 Bennett, Mr. 108, 110 Benton, Mr. ' 336, 8. 340, 1, 5, 7, 9 Bevier, Mr. 109, 111, 112, 114 Bicknell, Mr. 194, 5, 6, 7, 8, 9. 190, 1, 2, 3. 351, 2', 3, 4, 5, 6, 7 Big Bay Creek, Big Bone Lick, 471 Bigelow's Creek, 201 Bird Island, », 23, 41, 144 Bishop, Mr. Blackash Swamp, 15 Bia^k Creek, alluded to, 497 to the Tonnewant* 2 1 summit between, 28 where it empties, (in note) 23 further account, valley of, • 202 Black River, P6, 93 Black Rock Rapid at 18, 20, 4„, 67, 1 M ferry at, 18 portage to store-house at, 18 velocity of the water, k£. It, 19. V to Schlosser, vessels and trips, : ' ] no road from to ischloiser, 1 1 distance In Cayuga Uinta* o68 INDEX- INDEX, Black Rock, lower store Louse, j(j steep, , 54 Canal to begin at Buffalo and to extend 2 miles towards, &c. 199 proposition to make a habor at, referred to, 487 Blackstone, Mr. 108, 110, 112, 114 Blauvelt, Mr. 150, 2, 9. 160, 2, 4, 6. 170, 336, 8. 340, 1, 3, 4, 5, 6, 8. 350 Bleecker,Mr. 108, 110, 112, 114 Bleecker, B. Mr. appointed agent to receive the amount awarded to the W. I. L. t N. Company, and his receipt therefor, «50# Blockhouse, 146 Bloodgood, Mr. 102, 174, 6, 7, 8. 186, 7, 8, 194 Bloody Run, 21,35 Bloom, Mr. 1 74, 5, 6, 7, 8. 351 , 2, 3, 4, 5, 356 Bloomfield, petition from, for canal, 121 Bluff point, 30, 36 Boards, 287, 8 Boat navigation, alluded to and considered, 48, 49, 50, 51 Boats on the St. Lawrence, 473 Bockee, Mr. 507, 8, 10 Boston to Barnstable bay, 95, 96 see also Massachusetts. Bouck, Mr. 108, 111, 112, 114, 150, 2, 9, 160, 6, 9. 172, 384, 6 Bough ton, C. V. Mr. 5 Bowen,Mr. 272, 337, 8, 340, 1, 4 Bowker, Mr. 109, 110, 112, 114 Bowne, Mr. 351, 3, 4, 5, 6 Boyd, Mr. 109, 190, 2, 3 Boyle summit, 29, 146 Braddock's, reef of, 494 Bradley, Mr. 109, 112 Bragg, Mr. 507, 10 Brainard's wheelbarrow, alluded to. 442 Brasher, Mr. 150, 9, 162, 6, 172, 18*, 3 Brayton, Mr. 109, 110, 113, 114, 150, 2, 4, 8, 160, 3, 7, 9, 172, 189 190, 2, 3, 383, 6 Bread creek, alluded to, . 241 waste weir at. 420 Breccia, 406 > 445 > 6 Brett, Mr. 10 Brewster, Mr. 10 Bridges, (See report of canal commissioners.) 205, 265, 400 BriggsJ. . * * employed as an engineer* &c. «* his operations between Rome and Ulicn. 370 to explore and resurvey, kr. INDEX. 560 *ri**»> I- Dim expenses paid lain, .jjj; ^ Bristol, Mr. lift, 190, 2, 3 British channel near Buffalo, 45 Broads trcet's Island, 16, 33, 31 Brodhead, Mr. I Hp, 191 2 3 Brodhead C. C. employed as engineer between Rome and Schoharie creek, 2 17 his snrvey, &c. alluded to. 26 1, 26f> expenses o£> 331 Bronk, Mr. 333, q Bronson, Mr. 109, 110, Ml Brother, Mr. 189, 190, 2, 3 Brown, r. fat, 336, 9. 310 2, 4, 7, 8, 9. 353 Browns, Messrs. letter referred to, # 20 j at large, 3 1 , Brown brook, Brandy brook, Beaverdam creek, Butternut creek, Bread creek, embankments at. 414 culverts at, 419 Brown, J. [Mr. 149, 154 9, 162, 4, 7, 9. 1*2 Brown, O. Mr. 150, 2, 4, 8, 160, 4, 7, 9. H2 Brown, R. his letter to cana 1 commissioners, 101 Brown, T. Mr. 150, 3, 4. 160, 2, 4, 6, 9. 172. 181 Brunswick and Trenton canal, 1 J 5 Bruyn, Mr. 186, 7, 8. 194 Bryan, Mr. 189. 190, 2. .; Buell, Mr. 10 Buffalo, to Niagara garrison, mail leaves our territory, 7 freight from, to Albany, New- York and Montreal, 128. 277 to Rome, 1 : 1 to east end of level, west of the Genesee, 20 1 Buffalo creek, canal commissioners decide to connect west end of the canal with L. Erie, through the mouth of, 192 commissioners commence in the Little Buffalo creek, 199 act concerning harbor at, April 7, 1819, D. Thomas' survey of, kc . alluded to, 481 Buffalo harbor, law concerning, April 10, 181 S, D. Thomas 1 report relative to, Little Buffalo. Buffalo lake, Bullet's lick, Burcb,Mr. 190 « " J Bolton., Mr TO- 340, 1, 1. 7, 8, Burr. Mr. m ' 191 ' : 1 4r.-2 Af\2 127 to 7 INDEX. INDEX. Burt, Mr. 10. 150,3,4,9. 160,2,4, 6. 173. 180,3 W Bush, Mr. 383, 6 Busli, P. cessions of lands from, 106 letter to, 308 answer from, 308, 9 Butter, 129 Buttermilk falls, 55 Butternut creek, 52. 234 aqueduct at, 418 feeder from. 450 Buzzard's bay- 95. 96 C. Cadwell, Mr. 508, 10 Calculation of expense, Ac. 49 (See expense aod estimates.) Caledonia — petition from, for Canal, 119 Callender, Mr. 272. 337, 8. 340, 1, 4, 6, 8. 350 Cameron, Mr. 384 Camillus— Town alluded to, 38 marl meadow in, 40 Camp, Mr. 272. 337. 341, 2, 5, 7, 8, 9. 507, 8, 10 Campbell, Mr. 150, 2, 4, 9. 160, 2. 172. 180, 2, 9. 191, 2, 3, 271. 336, 7. 340, 1, 4, 7, 8, 9. 508, 10 Camp's brook, 211, 239 Canada creeks, (East & West) 52 Canandaigua Lake, 52, 3, 5. 218 do. Outlet, 146, 218 Canajoharie Creek, 261 Canal Commissioners, names of, March 13th, 1810, 46 report of, March 2d, 1811, 48 April 8, 1811, their powers and duties, 70 appropriation of $ 1 5,000 in 1 8 1 1 , 70 report underact of 18 II, 71 apply to Congress and the President of the (J. S. 71 and to different states, 72 they view the country, &c. 74 sent deputation to Washington, 71. 88 report of deputation, 91 deputation wait on committee of Congress. 93 powers of, under act of 1 8 1 2, 194 report of, March 8, 1814, 102 powers of do. do. of 1816, 184 report of, March 8, 1816, 1 16 §20,000 appropriated towards the expense of executing those powers, ' 186 acts of 1811 and 1812 repealed by the act of 1816, 186 tUtey meet at N. York, Mav 1% 1316, T97 INDEX. Canal Commissioners, agreed to appoint engineers, $c. 197 INDEX, examine Middlesex canal, meet at Utica, July 15, 1816, explore route, &c. determine on dimensions of canal and locks, their powers and duties, under act of April 15, 1817, $4,000 to be paid them, report of February 17, 1817, do. do. on Chatnplain canal, do. do. as to their expenses, do. under resolution of April 5\K do. January 31, 1818, do. do. 25,1819, do. on Champlain canal, do. February 18, 1820, do. do. on Champlain canal, do. do. 23, 1820, survey of Oswego river. Canal Committees, duty of under act of 1825, names of, report of in 1816, report of in 1817, report of in February 22, 1819, do. of in March 14th, 1820, Canal Contractors and Contracts, names of in 1817, &c. contracts sought after with avidity, persons who had relinquished their contracts in 1819, 427 CANAL ERAS. 1803. First hint of "tapping Lake Erie" by G. Morris, 39 1808. Feb. 4. First legislative proceedings on the subject of the Grand Canals, 7 March 21. First report from a committee, ■ April 11. First appropriation of money to explore route, &c. 1 1 1809. January 20. First report of such exploring, &c. 13 1810. March 15. First Canal Commissioners appointed by resolution, 46, 47 1811. March 4. First report of Canal Commissioners, 48 April 8. First law passed on the subject of the Grand Canals, 70 1312. March 14. First report of Canal Commissioners under any law, 7 ! First application to Congress for aid, and also to thi different states and territories in the U. S. made du- ring Dec 1811, and some months preceding in that year, 88. 89. 90. 91 1816. April 17. First Canal Law passed after the war with G. Britain had ceased, 184 1817. Febraury 17. First report of Canal Commissioners af- ter the war, under the last preceding law, 196 INDEX. INDEX. C ANAL ERAS* 1817. March 18. First report of a financial system, establish- in* a Canal Fund, (made by a committee, Mr. Ford chairman,) 272 M April 15. First law establishing a canal fund, and di- recting" the canal to be commenced, &c. 358 n June 17. First contract made with individuals to com- mence the work in making the Canal under the law of April 15, 1817, 371 1817. July 4. First excavation commenced, 371 1818. Between July 4, 1817 and January 31st. 1818, the dis- tance contracted to be made 58 miles, and 15 miles of it considered as completed, &c. 373, 374 1818. From August 10 to Dec. 10. between two and three thousand men, with half as many horses and cattle, and a great variety of mechanical inventions unre- mittingly employed in constructing the canal, &c. 405 1819. From January 31, 1818, to the succeeding season (in 1819,) 117 miles of the canal completed, 393 1819. The whole middle section of the Erie canal (96 miles in length) completed by October, including the lat- eral canal at Salina, 413, 437 And 12 miles of the Champlain canal, 417 In 2 months of good weather from January 1819, will complete the whole excavation, 417 1819. Villages rapidly rising on the borders of the canal, 437 October 23. The Canal was opened with great cere- mony, and navigated by canal commissioners from Utica to Rome, 437 Nov. 24. Champlain canal in a navigable state, 437 In 2 years and 5 months, 120 miles of Canal navigation were completed, 437 Average expense, per mile, of 96 miles, (the whole length of the middle section) was $1 1,792 451 In Dec. water was admitted into the Champlain Canal, and the canal navigable, 456 Whole length of Erie Canal, 353 miles, do, Champlain, 61 Total 414 miles. 465 (Continued in Vol. II.) Canal Fund, 143, 281, 2, 3, 4, 5. 323 i nstituted by law in 1 8 1 7, 358 commissioners of, proposed, 281 their powers and duties, 358 copies of this work for commissioners of, 4 Canasaraga creek, Chitteningo creek, Cold Spring brook and Crane brook, aqueducts at; 418 Canasaraga creek alluded to, 53, 230 INDEX. Canastota creek, Cluttcningo creek, Cadwell's swamp, Canasaraga. 1ND KX. creek, Crane brook, embankments at, v Canastota creek referred to, : 1 ' Canesus Lake, 55 Cantine, Mr. 174, 5,6, 7, 8. 271,334,351, 2,3, 4, 5, 8, 7 Carll, Mr. 102, 150, 3, 4, 9. 160, 2, 4, 6. 170, 3. IKO, 3, 6, 7, 8. 194, 271 337, 340, 3, 4, 6, 8. Carman, Mr. 109, 111, 112, 114, 149, 153,4,9.160,2,4,6. 170,3. 181,3 191, 2,3. 337, 9. 340, 1,3, 5, U, 8. 350, 384,6.427. Carpenter, Mr. 189. 191,271, 337,9. J to, 1, 5, 7,8, 9 Carpenter's brook, Carrington, Mr. 101,110 Case, Mr. MS, 7. 507 Catfish creek, Cattle, (see horses) < aughanoy, reef, do. creek, Cayuga county, proposition to tax it. 1817, mail in, < ayuga Island, rapid at, creek, marshes, 21.144,146.219 draining of marshes, above Troy level, outlet of, Cayuga lake, to Three River Point, distance, rise of, lowering of, below Seneca lake, distance to Onondaga salt works, lower than Rome, where it lies, difficulties of, as to canal suggested, descent from L. Erie to, side cut to, " freight from, to Montreal. Cayuga outlet, , Cedars, cascade at, l0(J 332 3g0 Cessions of lands for canals. See lands, &c. .... to3JJ0 Champlain canal, f } 1 - report of commissioners on, in 18K, (See canal commissioners.) ^"^fl-ec.^ a by a canal rt» » IIudsoD, rc^a t 1 1 33 2! 36 28, 29 29 146 86 27 23 30 38 53 55 61 60 ». ; 1816, trade from, r report of canal commissioners relative to. .n 181 - 'See canal commissioners. ^ c I4f INDEX. INDEX. Chapin, Mr. Chapman, Wm. his opiuion, &c. Chase, Mr. Chautauque county, petitions from, for canal, proposition in 1817 to tax it, Chenango, waters of, Chesapeake, communication with, Chesnut ridge, teams passing at, &c. Chicago, Child, Mr. 149. 152, 8. 160, 3, 4. China, running canals of, its canals alluded to, Chippewa to Queenston, transportation, &c. Chitteningo Canal, provisions in the act incorporating it, having rela- 149. 152,8. 160,3,5, 7,9. 172 27 508, 10 121 284 54 63. 95, 6, 7 474 127 172. 272. 335, 6. 341,2, 5, 7,9 23. 4 81. 124 63 tion to the Erie canal, Chitteningo Creek, Chowan River, Christianna to Elk, canal, Christie, Mr. Christman's Rapid, Cincinnati, Cities, anticipated that they will rise up on banks of canal, &c. 149, 153,4, 8. 160, 3,4,7,9 387 30. 38. 52. 231 96, 8 135, 6 172 55 478 129 102,9. 111. 112. 114. 175,6,7,8. 189. 190,1,2,3. 427 387 217. 251 112. 114 208. 109. Clark, Mr. Clark 2d, Mr. Clark's Brook, Cleland, Mr. Cleveland, Mr. 127 Clinton County, in 1817, proposition to tax it, 284 forges in, &c. 288 Clinton, D. W. on a division, April 6, 1808, 10 as canal commissioner, 41. 46. 69. 70. 87. 88. 91. 101,6. 118 167. 270. 330, 4. 381. 417. 426. 440. 456 his motion, on bringing in a bill, March 2, 181 1, 69 appointed by law of 1812 canal commissioner, 194 do. do. of 1816, 184 his letter in 1817, as to a canal fund, &c. 323 his speech as governor in 1818, 366 do. in 1819, do. in 1820, (See also Canal Commissioners.) Close, Mr. Clyde, canal from the Forth to, 134 rillageof, 511 Cochran, Mr. 115, 174, 5, 6, 7, 8, 356, 7 Coddington, Mr. 189, 191, 2, 3 Coe, Mr. ' 11, 187, 8. 194 Cohoes Falls, 136, 266 Colby, Mr. 189, 190, 2, 3 Colden. 0. D. Mr. 383, 7 INDEX Cohleu C. D. Mr. and others, canal committee, , INDKX. memorial from, and others, for canal, 1 19 v^-v~w Cold Spring, 242 Cole, Mr. 149, lf>3, 162, o, G, 9, 173. 189, 190, 2, 3. 384 Coles, Mr. 109, 110, 113, 114 ( olumbns, in Ohio, 478 Colvard, Mr. 189, 191, 2, 3. 510 Commerce, aided by canals. i g 9 < 'omptroller, duty under act of 1825, to pay expense?, kc. i report of in 1820, 013 report of in 1817, 1818, 1819, 4t8 Comstock, Mr. 11, 189, 190, 2, 3 Concord river, Conemaugh salt works, 17 7 Confirmation of amount awarded the W. I. L. N. Company, by S. Court, 505 Congress, see United States. Conklin, Mr. 109, 112, 114, 271, 337, 9, 340, 3, 5, 421 Connecticut, (state of) applied to, Convicts may be employed on canal, &c 305 Cook, Mr. 272, 340, 1, 3, 4, 5, 6, 8, 350 Coon, Mr. 190, 2, 3 Cooper river, 96, 98 Copper, coal, cheese. |3f Copy-right of this work secured, Corn, 129 Corson, Mr. 271, 337, 8, 9, 340, 1, 3. 4, 5. C, 8, 350, 3f.fi Cost of canal considered, (see expense, &c.) 64, 5, 6, 7 Coteau du lac rapid, 50 County clerks to have a copy of this work, Coursen, Mr. 149, 153, 4, 9, 1G0, 2, 5, 170, 3, 183, 384 Coventry (in England) has 73 miles level navigation, 30 Cowasselon creek, 2 23 Cowaston creek, Chitteningo creek, CadwelTs swamp, Canastota creek, Camp'9 brook, and Carpenter's brook, — culverts and waste weirs at, 4 20 Crafts, Mr. 109, 110, 113, 114 Cramer, Mr. , 149,152, 4, 8. 160, 3, 5, 7, 9. 173, 180 Cranberry Marsh. 15, 17, 18, 3t Crandall, Mr. 507, 8, 10 Crane Brook, 243 Crippin, Mr. I5S, 4, 9. 1C1, 2, 4, 9. 173 Crittendon, Mr. 383, 387 Crocker, Mr. 507, 509 Crooked Lake, 53, 55 Crolius, Mr. 271, 336, 8, 9. 341, 3, 5, C, 8. 350, 384, 6. 427, 508, 509 Crosby, Mr. 174, 5, 6, 7, 8. 189, 191, 2, 3. 351, 2, 3, 4, 5, 6, 7 Cross Lake. 53, 16 Cruger, Mr. lOfl Cock, Mr. rrs, wr, a, i< sta, \ t », - i r> 576 INDEX. L\DEX. Culverts at Oswego, v — — v«— ^ their number stated, and uses defined, on the middle section of the Erie Canal, Curtiss, Mr. 150, 4, 8, Cyclopedia, (Rees,) quoted, 16 id 411 410 3, 4, 7, 170 17, 24, 27 D. Damages, to the lands through which the canals are made, map thereof required, 3 Dantzic, trade to, alluded to, 63 Darby, W. letters to, 38, 42 Davis, Mr. 383 Day, Mr. 271, 336, 9. 341, 2, 3, 4, 5, 6, 9 Dayton, Mr. 115, 174,5, 6, 7, 8. 351, 2, 3, 4, 5,6, 7 289 509 252 109, 110 189, 190,2,3 508,9 136* 63, 64, 96, 98 96 113, 114 109, 110, 112, 114 477 60, 61 137 137 137 452 Dead, creek, Dean, Mr. Dederick?s creek, De Forest, Mr. Delance, Mr. Delano, Mr. Delaware and Chesapeake canal, Delaware river, communication with, Delaware, state of, its proposed share of public lands, Denning, Mr. Dennis, Mr. Dennon's licks, Descents, from Lake Erie, stated, from Tonnewanta to Seneca river, from Seneca river to Rome summit, from Rome summit to Hudson river, from the Genesee to the Seneca river, (See also summits.) Detroit 127 Devil's hole, 21. 35 Devil's horn, 493 Dewey, Mr. 152, 4, 9. t61, 2, 5, 6, 9. 180, 2 De Witt S. (See also surveyor general) his name as canal commissioner, 41. 46. 69. 70. 87. 106. 118. 194 Deyo, Mr. De Zeng, major, his superintendence, &c. Dickenson, Mr. Deitz, W. Mr. Deitz, J. Mr. Dill, Mr. 150, 4, 0. 16Q, 5, 6. 9. 173 Distances, See also Geddes' report, &c. Ditmis, Mr. Division, lake ; 337 109. 427. 508 317 340, 2, 4, 8, 9 111. 113. 114 109. 110. 114 180,2. 508. 510 14. 15. 212 51 351, % 3, 4 ; 5, 6, 7 INDEX. 611 Divisions (ayes and noes) on questions, INDEX. April G, 1808, on question to postpone Mr. dold's resolution, 10, 11 1812, June 5, on the first section of the bill in the Senate, on the 3d section, June 7, on expunging the 3d section and introducing so, June 9, on recommitting the bill, on rejecting bill, June 17, on the first section in the assembly. on the 3d section, on introducing a proviso, on the whole bill, June 18, on postponing the amendments in the Senate, 1813, Feb. 10, to require canal commissioners to report, &c. 1314, March 24. to expunge certain words from repealing law. on receiving a clause as a substitute, April 13, on receiving a clause, kc. do. do. do. 15, on passing repealing section, kc. March 29, on going into committee of the whole, on bill M for im- proving the internal navigation, &c. 149 April3, on motion to strike out the clause to purchase out W. L L. N. Company, 131, t Aprils, on motion to strikeout allowing canal commissioners to commence operations, &c. 153, 4 April 10 and 11. on receiving an entire new bill as a substi- tute, 155, 6, 7, 8, 9. 161, 2, 3 April 10, to add a proviso restraining the commissioners from commencing, kc. 159, 1G0, f April 13, on the number of canal commissioners, 163,4. > do. on imposing the local tax of$2j0,000, 165, 6, 7 do. on the whole bill (which was offered as a substitute on the 10th and 11th.) 167,8,9. 170 April 15th, on postponing the bill after the third reading there- of, 170,1,2 on the final passing of the bill in the assembly, 172, 3, 4 April 16, on going into committee of the whole in the Senate, 17 X on striking out every sectiou after the 5th 1 7;> April 17, on rejecting the bill, W on the number of canal commissioner-. 176, 7, 8 on the whole bill, on concurring with the Senate, kc. 180, 1, 2, 3 1817 February 17, on publishing 2000 copies of the report of the canal ' • • ■ '7 ! commissioners, - April 8, on the section, relating to the local tar, kc. 335. G. 33;: 339, 340, 311, 312, 3, 4, 5. 7 on the part relating to appropriations far foreign poor, &c 337. 8, 346. 347 073 INDEX, INDEX. 181 VApril 8, v ' on the duty on salt, on rejecting the whole bill, 343, 4 on the whole bill, 349, 350 April 14, on the 1st section in the Senate, 351 on the 2d section, 352, 3 on the 3d section* 353 on the 4th section,' 353, 4 on the 5th section, 354 on taxing passengers in stage coaches, 354, 5 on making the loans on the credit of the stale, 355, 6 on the duty on salt, 356 on the local tax, 356 April 15, on recommitting the bill, 356, 7 on concurring with the assembly, kc. 357 1818, February 10, on agreeing with the answer reported to the Gov- ernor's speech, 383, 4 April 1, on the section suspending the powers of the commis- sioners of the canal fund, till, &c. 386, 7 1819, March 8, on the 2d section requiring the canal commissioners to commence operations, &c. 427 1820, March 13, on appropriating $25,000 for improving navigation of Oswego river, on the whole bill, March" 14, on the third and last leading of the bill, Dodge, Mr. Uoolittle, Mr. Doolittle, U. Mr. expenses paid him, Donations from individuals anticipated, made, Doty, Mr. 109, 111, 113, 4. 149, 153, 4, 9. 161, 2, 3. 271, 337, 8, 9. 340, 2, Doughty, Douglass, Mr. Dow, Mr. Drains, Drake, Mr. Drum Creek, waste weir at, Drury's bar, Dudley, C. E. Mr. Duer, Mr. 109, 111, 114, 150, 5, 9. 161, 2, 6, 9. 173, 180, 337, 9,340 2, 5, 7, 8, 9. 383, 7. 428, 430 816, 153 109, 111 his motion, April 5 do. » 10, 1816, do. » 11, 1816, his substitute offered, ' Duties— on salt, sales at auction, SfC. proposed: granted by law. Dygert's Creek, 155 161 155, 161 143, 282 362 • 253 INDEX INDEX. F.arll Mr M *T m ijal 11) jLfXI • 383, 7. 503 JL.il SI 11JUI<1 (JUC-KS, 45 i^asici ii at~i>uuu ui iiic r^i il v. ailal, M7 to If 1 miie 1 , * , «j, 1 17 248 If, IU, 249 11 1 O 19 11 11, 1 4> lo, 14, |60 iS 1 fi 17 251 Itt 1Q 90 91 lo, iy, £ i , 252 ii, ^3, 24, 2o, 26, 2.V, 7 ao an 27, 2o, 2y, H i 30, 31, 32, 33, 34, Jo, Jo, J7, J8, 256 39, 40, 41, 5.V7 42, 43, 44, 45, 258 46, 47, 48, 49, 50, 259 51, 52, 53, 54, 260 55, 56, 57, 58, 261 59, 60, 61, 62, 262 63, 64, 65, 66, 263 67, 68, 69, 70, 71, 264 termination of, 264 divided into 5 parts, over each an overseer, fee. 407 the most difficult section to complete, 425 >V hole length of eastern section, is 97 miles, 13:: of Erie Canal, 196 to 221 Eckford, Mr. 271, 335, 356, 7 Eddy, Thomas, his name as canal commissioner, 41. 46, 69, 70, 87, 106 1 I.':, l r> i Edwards, Mr. 3fs 1, o Eels and other fish at Oswe go falls reef, 501 Egypt, ancient, alluded to, 124 Eighteen Mile Creek, 56, 206, 7 Eldridge, Mr. $71, Ml, & J 1, 5, 6, 8, 9 Elevations, from Lake Erie slated, &c. 60, 1. 1 (See descents, and summits.) Elizabeth river, to Pasquotank canal 136 Ellesmore canal, 135 Ellicott, A. A. — his expenses for survey. 331 Ellicott, J. 148 his information of the country between Ucnesee river and Tonewanta creek, 12 height of Tonewanta swamp above the creek, 28 his name inserted as Canal CcHMUMBOBW in the bill from tlie assembly in 1816, 167 is appointed by the law of 1B16. 184 his report alluded to. 199 his attention to supply of writer, kc. ?0| sec INDEX. 115. 174, 5, 6, 7, 351 271. 337. 8. 9. 340, 270 417 55 427 6. 38 , 2, 3, 4, 5 508. 510 510 15, 16, 17 414 444 2, 5, 8. 17. 24. 27 404 11. 40 247 70, 87, 117 103 I.\DEX. Ellicott, J. ~* v * he approves report of 1817, resigns as Canal Commissioner Ellicott's brook, Ells, Mr. Ellsworth, Mr. Elmendorff, Mr. Elmore, Mr. Elting, Mr. Embankments — to Oswego, kc. others mentioned, on middle section, ' Emott, Mr. Encyclopedia quoted, Endless screw used. Engineers — J. Geddes, Mr. Brodhead, to be employed, kc. expected from England those employed all native Americans, except two employed for a year, &c. 107 Americans preferred, 117 [See also Canal Commissioners.] England, alluded to, 126 English Canals— alluded to, 124 several of them mentioned in detail, 135 Erie, Lake. Reference to, in message of the President of U. S. 7 resolution to explore between it and the Hudson river, 7 from it to Schlosser, do. to Lewiston, rise and fall of its waters, 23, 59 not so deep as L. Ontario, 24 route from, to Oneida Lake, 2 Tonewanta swamp above it, above the waters at Troy. above the Hudson and Rome, interior route to, Owasco Lake on the same level, east end of east end of, above certain places, river, lakes, &c. 60. 61. 65. 133 country from Hudson to, practicability of a plan of canal from, to the Hudson, reported in 1816, 141 J. Geddes's statement of, to Cayuga and Cayuga marshes, 1 tonnage — on, 473 Essex county. in 1817 proposed to tax it, 284 forges in, 288 INDEX. 581 Estimates of Descent, kc. ,,2 INDKX. of freight, g3 per ton from Lake Erie to the Hudson river, fid, 61 1 v of cost of canals. 04, f>, C, 7. 61, I (see summits, levels.) Estimates of quantity of water, kc. fOI Europe — Goods brought from, 20 cents per cubic foot, 181 canals in, 381 . 110 Expenses of canals — Estimates considered, 01, 5, fi, 7. 81, 2, 4. 134, 7 143, 7. 199 to 270, 3. 291. 313. 315 of first section of Erie canal, I of the other sections, &c. 2fi:: of canal commissioners reported in 1817, 689 of exploring parties, 1 j •! Champlain canal, 451 estimates of, &c. I ^7 of carts, ploughs, scrapers, &c. :'a Hi from Utica to Seneca river, 1 1 i from Utica to Albany, and from Utica to Lake Erie, 4 1 i reports of, in 1 8 1 7, 1818, and part of 1 8 1 9, 428 estimate of, for middle section exceeded, and the causes, 444 whole of middle section, 96 miles, was $11,792 per mile, 4^1 Comptroller's report of, in 1820, 613 F. Fall — see descents — summits, Fall Hill, Falley's mill pond, 404 Fay, Mr. 189, 191, J Faulkner, Mr. Tlf^ 337, 343, 5, ti Feeders — from Fish Lake, 18 from Cranberry marsh, general remarks on, from rivers, r < Canal from Lake Erie to the Hudson may be fed by water from lakes, 58 from the Tonnewanta, from Mohawk, Fish Creek, Oneida, Cowaslon, Canasaraga, Chitteningo, Black, Limestone, Butternut, Onondaga Nine Mile, Skaneatelas, Bread, Cold Spring. Owa«cn, and Crane creek^ '' ,7 - : ~ 7 Fellows, Mr. " ' ; 1 Fenton,Mr. ; ; * Ferguson's creek, * : Ferris,Mr. 7 Ferry at Black Rock, 1 Field, Mr. °^ 1,1 Finance, plan suggested, 1 37, 8 » ***2. * First section of Erie Canal, 190 - > J1 Fish Creek — stream, kc. •■' •"• :,l> 582 INDEX. INDEX. Fish Lake? outlet afj ] g ""V natural reservoir, &c. 18 Fishery, in the Oswego river, 496 Finch, Mr. 272, 336, 9, 340, 2, 5, 6, 8, 9, 510 Flax, and flax seed, 129 Fleet, Mr. 191, 2, 3 Fleming, Mr. 383 Flint, Mr. 55 Flour and wheat from New-York, &c. 63. 129. 439. 474 Fonday, Mr. 271. 336. 343, 7, 510 Foot, Mr. 508. 510 Ford, Mr. 150, 2, 4, 8. 160, 3. 173. 180, 2. 270, 2, 4. 323. 335, 6, 9 341, 2, 3, 5, 7, 9 Foreigners, few of them are contractors, 403 Forges, 288 Forman, J. Mr. one of canal committee, and his resolution in 1808, 8 that the first legislative proposition, &c. was made by him, 39 his letter to canal commissioners, in 1816, 316 Forward, Mr. 507, 8. 510 Fort Ann, 256 Fort Brook, 212 Fort Edward, ; 377 Fort Edward, creek, 289 Fort Miller, falls, 290 Forth — the canal from, to the Clyde. 134 Fosdick, Mr. 383, 7 Fox, Mr. 511 France alluded to, 125. 134 Francisco, Mr. 508, 510 Fraser, Mr. 109. Ill Free stone, 55. 145 Freight on Canal — estimate of, and contrasted with the present ex- pense of transportation and freight, 62, 3. 76, 7, 8. 123, 7, 8 131, 2. 277. 327. 439. 471, 2 at Philadelphia for Pittsburgh, 474 between other places, 474 Freleigh, Mr. 150, 2, 4, 8. 160, 3, 7, 9. 173, 181, 3 French Creek, 478 Frey, Mr. 175, 6, 7, 8 Fryer, Mr. 15#4, 8. 160, 6, 9. 181, 2 Fuel, 279 Fulton, R. Mr. his name as canal commissioner, 41. 70. 101. 106. 194 his calculation as to the price of carrying a ton on the canal, 32 his calculation of freight on the Hudson river, 327 Funded debt, : 389 [see Laws.] Funds— to pay expense of canals, 137, 8. 282 [see expense, laws. &c.l Fur, 329 INDEX. *\ DEX. VI • ( ^_ Gale, Mr. 171, 336, 341, 2, 3, 4, 5, 9, 350 Gallatin, Mr. quoted at, 13. 26 his estimates mentioned. 14 mistake as to distance, 15 bis opinion as to expense of canal per mile, 49 Gallatin, Mr. as to locks, 13* his report referred to. 135, c Gal lott's rapids, 50, 51 Gannet's mill-pond, 452 Gansevoort, Mr. 272 Ganson Mr. 109, 111,149,152,4,8.163,4,7,9.173,181,336,341,2 5, 7, 8, 9 Gardeau's falls, 476 Gardner, Mr. 190, 1, 3 Garin, L. Col. examinations and levels by, 289, 457 Garrison, at the mouth of Niagara river. 19 Gascon's reef, 498, 9 Gebhard, Mr. 10 Geddes, James, Mr. appointed to survey, &c in 1808, 11 his report in 1809, U appendices thereto, the first person employed to survey, &c. 40 his letter to W. Darby, his statement in 1816, 144 his statement as to G. Morris, &c. 39 bis reports and maps referred to, 52, 56, 202 route assigned him, 202,212,219 examines the level from Rome to east end of Oneida lake, 369 expenses of, 331 to operate between Rome and Utica, 370 commences the re-examination of the Champlain route, 377 Geddesburgh, embankment at, 4 1 4 Genesee county, petitions from, for a canal, 120, 2 in 1817, proposed to tax it, 284 Genesee falls, lateral cut from above to the harbor. 29 Genesee Flats, 73, 53 Genesee, harbor of, 29, 30 Genesee river, reference to Ellicotl'i description of (be country be- tween that river and the Tonewanta creek, ft from Mud creek to, 24, 28, 29 above waters at Troy. 29 entrance to, 30, 37 runs through a certain division of land, 43, 53 Swamps west of, 5"? difficulty suggested in crossing this river with canal. 6 I descent from L. Erie to, 60 aqueduct at, estimate of expense. J 37 Tonewanta to. 144 5S4 INDEX, 1NDFX Genesee, where to be crossed, 145 — V ' level of, &c. 205, 469 guard locks on, 223 Geneva, petition from, for canal, 119 Genoa, petition from, for canal, 119 George, Lake, 287 Georgia, state of, proposed share of public lands, 99 Gere, Mr. 150, 2, 4, 8. 160, 3, 4, 7, 9. 173. 181,2 German, Mr. one of canal committee in 1803, 8 German Flats, petition from, for a canal, 122 Gerundegut, see Irondequot Gilbert, Mr. one of canal committee, in 1808, 8 his name on divisions, &c. 109. 111. 113. 114. 187,8. 194 Gibson, Mr. 383 Gill creek, 21. 22. 34. 35 Gill, V. Mr. employed as engineer, 452 Gilpin, I. Mr. his statement, &c. 136 Ginseng, 129 Gold, T. R. Mr. on canal committee, his report in 1808, 8 Gordon, Mr. 109. 111. 113 Governors, copies of this work for, D. D. Tompkins' speech in 1816, 116 do. in fall session of 1816, 334 D. W. Clinton's speech in 1818, 366 do. 1819, 393 do. 1820, 437 Graham, Mr. 10 Grand Island, 55. 59 Grand Junction canal, (in England,) 135 Granger, G. Mr. donation of land from, 469 Great Brook, 244 embankment at, 414 culvert at, 419 Great falls in Luzerne, 28 8 Great pitch, 34 Green, Mr. 150,2,4. 161,2,7,9. 173. 131,2. 507,8. 511 Greene, A. Mr. 272. 336. 340, 2, 5, 7, 9. 350 Green, B. Mr. 271. 336 Greenley, Mr. 383, 7 Gregory, Mr. 150,2,4,8. 160,3,6. 173. 181,2. 190,1,3 Greig, J. Mr. cessions of lands from, 106. 285. 469 Griffin, Mr. 113 Groesbeck, Mr. 383, 7 Gros, Mr. 271. 341,2,5,6,8. 350. 508 Grosvenor, Mr. 1 90, 1 , 2, 3 Gulph of Mexico, i<27 Gurnee, Mr. , 386 Guyon, H. Mr. 191, 2, 3. 507, 8. 511 Guyon, J. Mr. 427. 507, 8. 510 Gypsum, 129. 245. 273,9. 288, 376,9. 406. 439. 445,7. 475 estimate of freight on, 476 INDEX. H. Hackley, Mr. Mfc 11 1. 1J3. 114. 383. 508, 10 Hager, Mr. 102. 174, 5. 189. 190, *, 3 Ilaight, Mr. 102. 187. 194 Haines' work on canals referred to by S. De Witt, 38. 1 i Halfway Brook, 377 Hall, Mr. 102. 150, 2, 4, 8. 160, 3, 5, 7. 17<>, 3. 181 i:;2, 6,7,8, 9. 190, 2, 3, I Hallock, Mr. 271 Halsey, Mr. 1 r>0, 2, 4. 167, 9. 173. 181, 2 Hamilton, Mr. 1.30, 5, 9. 161,2, 5,6, 9. 173. 336. 340, 2 345, 6. 430 Hammond, Mr. 109. 111. 113. 115. 272. 340, 2, 5, 7,3. 350 Hand's B rook. 239. 402 waste weir at, 4 Jo Hannibal, No. 8. 14. 15 Harbor Creek, 235 embankment at. 414 culvert at, 419 HarJenbergh, Mr. 190, 1, 2, 3 . Hardpan, 445 Harpur, Mr. 384, 6 Harper's Ferry alluded to, 4> Harris, Mr. 150, 2, 4. 163, 5, 7, 9. 173 Hart, Mr. 351, 2, 3, 4, 5, 6, 7. 383, 7 Hart, E. Mr. appointed canal commissioner, in place of Mr. EUicott, resigued, 417 he signs the report of 1819, 417. 420; Hartland, petition from for canal, 122 Hasbrouck, Mr. 109. Ill Hascall, Mr. 174, 5, 6, 7, 8. 351, 2, 3, 4, 5, 6 Hatfield, Mr. 109. ill. 113. 114. 508. 510 Hatheway, Mr. 383, 7 *IIavens, Mr 381 Haverly, Mr. 510 Hawks, Mr. 190, 1. 2, 3. 509. 510 Hawley, Mr. 27 J. 337. 340, 5, 7 Hawley, J. Mr. his essays on canals alluded to, 39 Hayden,C. Mr. -Hayes, Mr. 1 -2, 9. 161, 2, 5, 6, 9. 17 3 Hecock, Mr. 508. 510 Hedges, Mr. J72. 57, 9,340, 5*6, 8. 350 Heeney, Mr. 336. 8, 9, 340, 2, 6, 9, J50. 384, 6. 608. 510 Hemlock, Lake, Hemp, m Herkimer county, petitions from, for canal. 1 8 proposition in 1817 totax it, f 1 INDEX. Hill, Mr. 150, 2, 9. 161, 2, 5 8 6, 9. 173, 181, 2, 9. 190, 1, 2, 3, o - s^— offers of, made fur canal, &c. 05, 332 belonging to the U. S. proposed to be attributed among the several states, 95, 96 proposed share of public lands to the state of N. York, 9 7, 9% 100 proposed to be ceded by the I . 8. not to be disposed of under $2 per acre, 99 increased in value by canals, 101, 279, 289 ceded to the canals, 10*> proceeds on sales of, proposed in 1816, for canal, and 1817, 143 282, 285 within 25 miles of canal, taxed, &c. 3QI Languedoc canal, 134 Lansing, J. and others, petition from, for canal. II'.* X^ansingburgh, proposition in 1817 to tax it, 284 Lansing's mills, 26.'» Lard, 129 Larzelere, Mr. 1 53, 8. 1 G2, 7. 1 70, 3. 1 80, 2. 272, 336. 9. 34 1 , 2, 3, 4, 7, 8. 350 Lateral canals, &c. 2(36 Law of, April 11, 1808, allowing 600 dollars for exploring, &c. 1 1 April 5, 1810, allowing 3000 dollars, &c. 47 April 8, 1811, "to provide for the internal improvement," &c. 70 June 19, 1812, " further to provide," kc. 19 ! April 15, 1814, repealing certain sections of the act of June 19,1812, 107,11, April 17, 1816, to provide for the improvement, &c. 10 April 15, 1817, $4000 allowed for expenses, 3 33 April 15, 1817, respecting navigable communications, &e. 35o March 6, 1818, sections in the Chittcningo canal company, relating to Erie Canal, or commissioners, 387 April 10, 1818, relative to Buffalo harbor, 388 April 21, 1818, to improve the funds, and provide for redemp- tion of funded debt, &c. 389 April 7, 1819, act concerning the great western and northern canals, 43J April 7, 1819, to construct Buffalo croek harbor, 431 April 13, 1819, declaring the conditions of the grant from the H. L. Company, 435 March 30, 1820, to amend the act respecting navigable com- munications, 511 April 5, 1320, establishing salary of the canal commissioners, 510 April 20, 18 JO, concerning the Kric and Champlain canals, 51C April 13, 1820, for their maintenance and protection, 518 April 14, 1820, appropriating Grand Island, 58ft do. allowing muskrats to be killed along the canals. 5 1 February 8, 1825, directing the publication of this Work, Latrobe, Mr. alluded to, N f$D£X. Lawrence, Mi. Lawyer, Mr. Lead, Leavenworth, Mr. LeBeuf, Ledges, or steeps, &c. Lee, Mr. Lee, H. B. Mr. Lee, T. Mr. Leeds and Liverpool canal, Legislative proceedings, in the year 1G08, from page 383, 3ti7 150,3, 5, 9. 1 til, 2, 7. 170, 173, 180, 182 129 150,2,3,8. 160,3,6. 170. 180,2 127 54. 114 272. 336,9. 341,2,4,6,9. 350 150,2,5,9. 162,6. 170. 180,2 150,3,8. 160,3,4,7. 170 135 7 to 11 1810, 46 to 47 1811, 69 1812, 186 to 196 1813, 101 to 102 1814, 107 to 115 1815, 1816, 119 to 122, 141 to 183 the assembly, 167. 168 1817, 334 to 357 1318, 382 to 337 1819, 427 to 430 1820, 507 to 513 Legislatures of ether states to be applied to, for aid, &c. Lenox, petition from, for canal, Le Roy, Bayard and M'Evers, cession of land from, Lester, Mr. Level or inclined plane, 58. lake Erie level, Genesee river, level of, Levelling-, (see summits, descents.) Levels, by Messrs. Wright and Geddes. Lewis, Mr. Lewis, Mr. an engineer, &c. Lewiston to Schlosser, to the garrison at the mouth of the river. portage to Black Rock, to L. Erie, L'Hommedieu, Mr. Licking River, Lieutenant-Governor, copies of this work for him> Lime ledge, Limestone, Limestone Creek, embankment at, aqueduct at, Litchfield, Mr. Little Falls, canal at, alluded to, elevation of a canal at, suggested, descent from Lake Erie to Littk Falls, former Irsrks at, alluded to. 70 120 106 110. 111. 114. 271 59. 60. 64. 83. 105 200. 203 205 369. 377 115. 186,7,8. 194 317. 409 18. 20. 34. 35 19 22 10 477 3 144 447 55. 203. 406. 445. 52. 39. 256. 414 418 427 265, 553 62 61 133 INDEX. Liuie Lakes, embankment at, iil INDEX culverts at. - 1!) Little Nose. IQ$ Little Oneida Creek, 247 Little Smooth Rock, rapid, 493 Livingston, Mr. l.,u. 2, .;. 6, 7, 8. 181, J, is, 7, 194. 585, 351, 2, 3, 4, 5, C, 7. 384, 8 Livingston, R. R. I\Ir- his name as canal commissioner, 11. 70. 87. 194 Loans, 86 may be procured, [Q4. 118 letter written to W. Bayard. 209 loans proposed, 1*82 authorised by the act of ISO. lttt> 1817. 358 IB l'J. 429. 433 Local tax, referred to by canal commissioners, suspended in 1819, 434 report on, in 1820, 458 Lockage, (see Summits, Tolls. Canal Commissioners.) Locke, Mr. 10 Locks, 299. 400. 401. 44* London docks, quoted. 17. 4.> Long Saut, 50 Loomis, Mr. 175, C, 7, 8 Loomis ? s, culvert near. 419 Lorillard, Mr. 139. 190, 2, 3 Lott, Mr. 109. 111. 113 Lottery, proposed in 1316, towards canal, &c. 143 do. 1817, 234 report in 1325, 6M statement in 1817, of monies charged on lotteries already in- stituted, 020. ' y: grant of by law, in 1817. 362 Lower Blue springs 477 Lower Canada, ^89 Ludlow, Mr. 100,1,3 lumber, t», 887, 8. 878 Luzerne, great falls in. 28^ Lyker, Mr. 300 Lynch, Mr. his motion April 13, 1816. MS do, April 17, 1816, 130, 2, 3 his name in other parts of the work. I50J IWj 4, 7, 9 his canal, Lynde,Mr. ° l Lyons' wharf, r ' 1 petition from, for canal. 1 H Ullage of, '•• M INDEX. INDEX. Machines, for removing green stumps, kc. 404 for excavation, '20 £ Madison, Mr. (President of U. S.) his message to congress. 95 Madison county, petitions from, in favor of canal, alluded to, 46 proposition in 1817. to tax it, 284 marl in, 446 Mallery, Mr. 113. 351, 2, 3, 4, 5, 6, 7 Mann, Mr. 271. 336, 8, 9. 340, 1, 4, 6, 8. 350. 384, 6 Mann's mills, 37. 43 Manchester factory, 146 Manny, Mr. 113. lit Manufacturing establishments, 273 produced by canals, k.c. 129 Maps, to be engraved and published, 3. 4 required by resolution of 1803, . 7. 8 references by J. Geddes, of maps from Oneida lake to < >n- fario lake, and of the Oswego river, 15. 33 reference to a map, 37 to map sent to Mr. Darby by Mr. Geddes, 43 to map of Champlain canal, by Mr. Geddes, 46 reference to map for 2 miles to Black Rock, 199 maps No. 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, referred to, on 1st section of Erie canal, 202, C, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 19 Mr. Wright's map referred to, 247. 408 Mr. Brodhead's map referred to, 247. 265 Mr. L. Garin's surveys, 289 Mr. Geddes' maps and profiles, 377. 378 Mr. White's maps, kc. referred to, 407. 408 Mr. Roberts' do. 403 Mr. Briggs' maps do. 415 Mr. Thomas' map do. 453 Mr. W. Peacock's map do. 483. 489 Marble, in Vermont, 288, 379 Markell, Mr. 508, 510 Markets, which will open by completing the canals, kc, 64, 127, 276, 279, 287, 288, 439, 472, 473 Lumber on Champlain canal. 456 Marl, 445, 446 Marl meadow, in Camillus, 400 Marsh, Mr. 272, 336, 7. 341, 2, 3, 6, 7, 8, 9 'Marshes, valley of, &c. t 15 Martin, Mr. 187, 194 Marvin, Mr. 189, 190, 2,3 Maryland, (state of,) propose* ehare ci public lands, for Potomac comoaPT. INDEX. 6£J Massachusetts, (state of,) applied to, 73 BWBt proposed share of its public lutiil>, 90 ▼ ' * canal from Weymouth to Tauuton, 1$ Middlesex canal, 196, 1. IIS, SOI, StO Masts, 287, 378 Mattison, Mr. 383, 387 Maynard, Mr. Iff, 330, 340, 342, 3, 0, 7, 9 McCall, Mr. 383, 387 McChestney, Mr. 149, 152, 4. 100, 4, 7, 9. 180, 3 McCombs, Mr. 150, 2, 4. 100, 0, 9 McCoun, T. Mr. his name inserted as canal commissioner, in the bill from the assembly in 1816, 167 McFadden, Mr. 149, 152, 8. 160, 7, 9. 130, 2. 271, 336, 9. 341, 342, 3, 4, 6. 350 McGarragh, Mr. 383, 387 Mclntyre, Mr. 189, 190, 2, 3. 347, 8, Mclntyre, A. Mr. his name as comptroller, 331 McKay, Mr. 507 McKnight, Mr. 508. 510 McKown, Mr. 510 McLean, Mr. 10. 383, 3P.7 McNeil, Mr. 109, 113, 4. 50::, 10 Mehevron river, 96, 3 Meigs, Mr. Jo4, 386 Merchandize, on the Canal, $c. 129 Merriam, Mr. 507. 510 Messier, Mr. 507, 509 Message of President of U. S. referred to, 7 Metcalfe, Mr. 152, 5, 9. 166, 9. 180, 2. 192 Mexico — road to, 33 Meyer's creek, 1SS Michigan Lake, 90. 98. 127 Michigan, (Territory of) applied to, 71 Middle section of Erie canal, tW mile 1, 2, 3, ^ > 4, 6, ~ t 6, 7, 8, 9, io, ii, i2. m 13, 14, 15, 16, 17, 22H 18, 19, 20, 21, 22, 23, 2-4, 25, 26, 27, 28, 29, 30, 31, 32, " 33, 34, 35, 36, 37 233 38, 39, 40, 41. 3S4 42, 43, 44, 45, ^ 46, 47. 48, 49 3 50, 2^ 594 INDEX. INDEX. Middle Section of Erie canal. v — ' mile 51, 52, 23*3 53, 54, 55, 56, 2' 57, 58, 59, 60, 61, 22 62, 63, 64, 240 65, 66, 67, 60, 241 69, 70, 71, 72, 242 73, 74, 75, 243 76, 77, 244 termination of section reached by Mr. Geddes, 244 9 locks on, 412 is 94 miles long, 413 75 miles navigated by large boats in the year 1819, 440 banks of the canal, 441 cost of construction of this section is $1,125,983, 444 width of canal at surface, 444 aqueducts and locks, 448 Middlesex canal, (in Massachusetts,) 136, 7, 213, 301 , 320 Miles, Mr. 149, 155, 9. 162, 4, 9. 180, 2. 272, 336, 341, 3, 4, 6, 7, 9, 350 Militia duty, recommendation as to exemption from, 416 section concerning, 434 Mill brook, 236, 259 waste weir at, 420 Miller, Mr. 189, 191, 192, 3. 386 Miller, A. Mr. 109, 111, 113, 114, 149, 162, 6. 170, 1. 336, 8. 340, 1, 4, 7, 8, 350, 7, 8 Miller, G. Mr. 109, 111, 112,114, 149, 154, 8. 160, 7, 9, 181, 2, 271, 336, 341, 2, 3, 4, 7, 8, 9 Miller, J. Mr. 272, 336, 7. 340, 2, 5, 7, 8, 9, 507 Miller's ford, 55 Milliman, Mr. 149, 152, 4, 9. 162, 5, 7, 9. 181, 3 Mill pond, 36 Mills, using water of the canal, 280, 285 Mills, the 21, 22 Minerals, 288 (See iron, &c.) Mississippi, J 27, 128, 278 boatmen on it, victims of disease, " 129 Moe, Mr. 507, 509 Mohawk river, price of a lock on 26 canal at Little Falls alluded to, 39 navigation of, alluded to, 48, 130 described, &c. 52 its serpentine course alluded to, 367 swamps and marshes between it and Seneca river. 399 affords a partial navigation, 425 referred to in Wright's survey, in 181 1 , 531 Monongahela river, 127 Montezuma salt works, 220 Montgomery county, proposition in 1817 to tax it. 284 INDEX. .Montreal, suggestions as to trade going to, &c. SO, 1. HO, 126, 131, 9 INDEX, transportation from, to Kingston, 63 v — trade from, to Spain and Portugal. ♦ fl freight to, &c. distances to, &c. 127 importance to destroy commercial connexions with, by form- ing canal from Seneca river to Lake Erie, 4£5 market at, 473, 474 Mooney, Mr. 10P, 113,4. 189, 190, 3 Mooney's bay, l > Moore, Mr. 139, 191, 2, 3. 383, Moore, A. Mr. 109, 111, 159, 173. 181,3 Moore, J. Mr. 109, 11, lit, 114 Moores, Mr. 149, 152, 4, 8. 163, 4, 6, 9. 131, 2. 272, 330, 340, 342, 3, 5, 6, 8, 9 Moreau, (town of,) proposition in 1817, to tax it, Morgan, Mr. 507, 509 Morris, Mr. 113, 114, 152, 4, 8. 160, 3, 7, 9. 181, 2, 3, 6 Morris, G. Mr. entitled to the merit of first starting the idea of con- necting Lake Erie and the Hudson, his name as canal commissioner, 41, 46, 69, 70, 87, 38, 91 , 106, 194, 532 Morrison, Mr. 150, 2, 4, 8. 160, 3, 5, 7, 9. 181. 2 Morss, Mr. S84| Moses' kill, 289 Mott, Mr. 109, 13, 14. 189, 190, 2, 3. 271, 336, 340, 2. 343, 5, 6, 8, 9 Mountain ridge, Mud creek, culvert at, Mud creek valley, Muiliner, Mr. Munroe, Mr. Munson, Mr. Muskingum, Mynderse, Col. W. letter from 212 24, 23, 29, 30, 37, 43, 146, 216, 217, 218 419 146 38$, 6 154, 162, 5, 6, 9. 173, 383 507, 509 96, 97, 127 317 N. Nail creek, embankment at. culvert at, Naraganset Bay, Nash, Mr. Nellis, Mr. Nelson, Mr. Newcomb, Mr. New-Jersey, state of, applied to, its proposed share of public lauds, canal from Brunswick to Trenton. 250 414 419 95 109, IIS, 11 : 139, 191, 2, :s 508, 9 >08, 510 72 96 135 590 INDEX. INDEX. New-Orleans, alluded to, 106, 126,8,9.133,474 — — v ^ distances from other places, 127 Newport, petition from, for canal, 122 Newtown, portage to, 63 New-York, city of, navigation from, &c. contrasted with Montreal, &c. 63 127,474, 5 flour, wheat, &c. 63 proposition in 1817 to tax the city, 284 petition for canal, 120 petition at large, 122 distances to several places, 127 it will be the great (Jepot, &c. 127, 278 freight from L. Erie to N. York, 277 Niagara, freight from, to Oswego, 50 Niagara county, petition from, for canal, 122 proposition in 1817 to tax it, 284 petitions from, to improve Oswego river, 429 Niagara falls, eligible track from below those falls, and Lake Erie to be explored, &c. . 12 lock round the falls alluded to, 39, 130 falls alluded to, &c. 53, 54, 59 Niagara portage, , 478 Niagara river, report of J. Geddes, 13,18, 24, 144 Nicholas, Mr. one of canal committee in 1308, 8 his name in a division, 10 Nicholas, J. Mr. his name inserted as canal commissioner in the bill from the assembly in 1816, 167 Nine Mile creek, 237. 401. 534 aqueduct at, 418. 445 Noble, Mr. 336, 7. 341, 4, 7, 8, 9 North Carolina, (state of,) proposed share of public lands, 98 Northern inland lock navigation company, alluded to by S. De Witt, 38 Northumberland, (town of,) proposition in 1817 to tax it, 284 North W. Mr. his name as canal commissioner, 41, 6. 69. 70. 87. 118. 194 Nose, the 262 Anthony's Nose, 546 Nowendaga creek, 257 Noyes, Mr. 109, 11, 12, 14. 351, 2, 3, 4, 5, 6, 7 Northern canal, (see canal commissioners, Champlain canal.) Nye, Mr. , 383, 6 Nye's creek, 214 O. Oakley, Mr. his motion, April 10, 1816, 159 do. April 13, 1816, 165 his name on divisions, 150,4,9. 162,4,6,9. 181,3,9. 191. 2.3. 384.6. 508, 510 INDEX. Oak Orcnard creek, j ; , > u ill. 200. 208 aqueduct over, &c. 1 45. 207 Oak Orchard reel. u Oak Point reef. 14 Offers of land for canal, 18 Official history of the canals required, Official seals, tax on, proposed in 1816, for canal, 14. | Ogden, Mr. 109. 111.174,5,6,7,8. 189. 191. 2, J. S61, 2,3, 0,7 Ogdcnsburgh, 70 Ohio river. 96, 9. in Ohio, (state of,) applied to, 71 proposed share of public lands, 97 approve our canal system, 280 great extent and fertility of, &c. 293 letter to governor of, 297 answer from, tyc. 290, 9. 300 its numerous rivers, &c. 473 the interest there felt for our canals. 475 salt works in, 177, 8 Onondaga salt, preferred in Ohio, 478 Olcotf s brook, embankment at. 414 waste weir at. A 20 Olmsted, Mr. 172, 336. 7. 3-10,2,7, 8, 9 Oneida Castle, 228 Oneida county, petitions from, for canal, 46. h 20,1 proposition in 1817, to tax it, 284 petitions from, to improve Oswego river, 429 Oneida creek, embankment at, 414 aqueduct at, : . 418. 445 waste weir near, 420 Oneido lake — route from to lake Ontario to be explored, kc. H J. Geddes's report as to communication between lake Ontario and Oneida lake, distance, &c. 13 rapids in, lowering of Oneida lake. 14 51 distances to 3 river point. 14 waste weirs and locks, 15 Oneida lake to Cayuga marshes, 24 12 1-2 feet fall from the lake to three River point, 25 rise of, 27 above Troy level, 29 connecting it with the Onondaga Salines, 31 Mr. Geddes refers to his map of the country from Oneida lake to lake Ontario, 33 outlet of, 33 navigation of, alluded to. 43, 48 obstructions at, 51 lake, where it lies, 53, 55 INDEX. INDEX. Oneida river — banks low, &c. 2u """""V plans concerning-, 27. 28 channels to be ploughed in. 28 Oneida valley. - 30 Onondaga county, petitions from, for canal, 46. 121 proposition in 1817, to tax it. 284 petitions from, to improve Oswego river, &c. 429 marl in, 446 Onondaga creek, 30, 401 embankment at, 414 aqueduct over, 146. 235. 418. 435 lake, 30. 53 outlet, 489 Onondaga salines, 31. 38 Onondaga salt — duties on, 362 [see also Laws, Canal Commissioners, &c] Ontario county, petitions from, for canal, 121 proposition in 1817, to tax it, 284 Ontario lake — ground between that and lake Erie to be examined, kc 1 2 J. Geddes's report as to communication between lake Ontario and Oneida lake, distance, £?c 13 as to interior route without descending to, or passing through lake Ontario, 13 summits between Rotterdam, Salmon creek, kc. 13 lake Erie more shallow than lake Ontario, 24 above Troy level, 29 communication between lake Ontario and lake Erie, 29 Mr. Geddes refers to his map from Oneida lake to L. Ontario, 33 vessels, kc. by a certain route to navigate the lake and the Hudson river, 48 descent to lake Ontario, 54 side cut to lake Ontario, 63 freight from lake Ontario to Ogdensburgh, 76 project of canal from, considered, 104, 105. 130 lake, subject to tempests, 128 petitions, kc. to connect lake Ontario with the grand canal, 429 Ontario route, 130, 1, 2 advantages of, 31, 2 Ontario Valley, 144 Opinions where canal should commence, kc. 130 (See Canal Commissioners.) Oriskany Creek, 52, 248 expensive dam at. 414 breach at, 451 Oriskany hill, 534 Orton, Mr. 508, 10 Orris, Mr. 384 Osborn, Mr. 149, 152, 4, 8. 160, 3, 4, 7. 9. 384, 6. 427 INDEX. Ostrander, Mr. 150, 2, 4, 163, 4, 7, 9. 182, 271, 336, 7. 340, 4, 7, 8,0 IM'KX- 427 V v Oswego, route to harbor of, I ,, 17, 18 difficulties below the falls, 16 embankment at village of, 17 falls of, 33, 49-1 river, 131 petitions to improve river, 429 can a canal be made between Oswego and Oneida lake ? 1 1 canal on adjacent shore of, impracticable, (Mr. Gallatin.) 13 ridge of land at, 14 distances, &c. M expense of lockage, &c. (Mr. Gallatin,) U waste weirs and locks, entrance to river of, 30 land carriage from, to Lewiston, reference to map of, and tiver, and fall?, 3 : navigation of river, alluded to, 40 survey from mouth of river, 489, 500 sura proposed for improving river, 507 (See also laws — Canal Commissioners.) Oswego county, petitions from, to improve Oswego river, 6zc. -\2 r J Otter creek, 101 Otisco lake, Owasco lake, 30, 53, 55 outlet, 242 embankment at. 414 aqueduct at, nn u: >* 450 Owego, portage to, fi3 P. Paine, Mr. tfrl* SSt, 0, 9. 340, 4, C Palatine, 544 < 564 Palmer, Mr. 109, 11, 12, 14. 149. 152, 4, 8. 160, 3. 4, 7, 9. 17). 181, 2. 271. 336, 7. 341, 2, 7, 8, 9 Palmyra. 43 • r ' J Paris and Rouen, (in France,) transportation between. Paris, (in Oneida county,) petition from, for canal. Paris, Mr. 108. ^ 7 - 194 Parks, Mr. 149. 152, 4, 9. 162, 5, 7, 9. 173. 181. 183 Parsons, Mr. 271. 336, 8, 9. 340, 1, 3, 5, 6, 8. 350. 507, 8, 10 Passengers in steam-boats, tax proposed on. 1 43. 28 1 Patterson, Mr. 386 - 508 > 10 Peacock, W. Mr. part of route explored b\ ,0;; - expenses of. 000 INDEX. INDEX. Peacock, W. Mr. — v — — ' his maps referred to, 4oJ see also, 482, & Peck, Mr. his motion to postpone resolution in 1801). 10 his name on a division, 1 1 Peek, Mr. 272. 339. 340, 1, 5, 6 Peltry, 129 Pendleton, Mr. 335, 7, 8, 9. 340, 1, 5, 6, 9 Pennsylvania, (state of,) importance of canal to that state, 92 proposed share of public lands, 97, 8 expected to co-operate in the canal, 103 Mr. Weston superintended canals in, 133 Perrington, 146 Petitions in 1810, in favor of the canals, alluded to, 46 do. do. do. 119 from the city of New-York in 1816, at large, 122 from other towns and counties, 119. 120, 1, 2 Pettit, Mr. 272. 336, 9. 342, 3, 4, 5, 7, 8. 350 Phelps, Mr. 102, 9, 11, 12, 14. 186, 7, 8. 194. 383, 6 Philadelphia, freight from, &c. 277. 474 Philips, Mr. , 508. 510 Pierson, Mr. 384, 6 Pine, Mr. 508 Pitcher, Mr. 272. 336. 341, 2, 3, 4, 5, 6, 3, 9 Pittsburgh, 127, 8. 132. 277. 474 freight to, 277 Pixley, Mr. 337, 8, 9. 340, 1, 5, 7, 8, 9 Plank, 287, S Plaster, (see Gypsum.) Piatt, Mr. his resolution in 1810, 46 his motion to publish report in 1811, 69 his name on divisions, 102. 186, 7, 8. 194. 272. 337, 9 340, 1, 5, 7, 8, 9 Plattekill, 261 Plough and scraper, 405. 441 2 Ponds for mills, &c. 57 Pool's Brook, waste weir at, 420 Population, increase of, 276 Pork, boats loaded with, &c 129 relative to, 474 Portage, from Lewiston to Black Rock. 20 to Newtown and Owego, 63 between Chicago and Illinois, 128 west of Rome, ■ 367 generally, 478 Porter, Mr. 149. 152, 4, 9. 162, 4. 173. 337,9. 341, 5, 6, 8, 9 Porter, A. Mr. his letter referred to- 205 letter at large-. 313 INDEX 601 Porter, P. B. Mr. his name as canal commissioner, 41,0. 09. 70. 100 INDEX. 110. 194 v ^~ his speech in congress alluded to, 470 Portugal, trade to, alluded to, 63 Pot and Pearl ashes, 129. 288 Potomac Company, proposed share of public lands, 99 Potomac River, 45. 96, 9 Potter, J. Mr. 109. 111. 112. 114 Potter, N. Mr. 109. 111. 112- 114. 109. 191,2,3 Powell, Mr. 383, 6. 507, 8 Powers, Mr. 150,2,4,9. 162,4. 173. 181,3 Pratt, Mr. 508. 510 Pray, Mr. 384 Prendergast, Mr. 174, 6, 7, 8. 272. 337, 9. 341, 2, 5, 7, 8, 9. 351, 2, 3 354, 5, 6, 7 President of the U. S. reference to his message to congress, by Mr. Ford, in his resolution of February 4, 1800, 7 copy of the survey, &c. of 1808 to be sent to hira, 1 letter sent to him, &c. 70. 90 deputation personally wait on him, 91 his message to congress, 95 he approves the canal system, 95 proposed powers to desiguate tracts of land. £c. 100 Presque Isle, 47S Price, Mr. 508. 510 Prio tup's Creek, 263 Public faith of U. S. proposed to be pledged, that lands ceded, be not sold under §2 per acre, 99 Pulteney , Sir W. cession of lands from heirs of, 1 06 a. Quebec, 287 (see also Montreal.) Queenstown to Chippewa, transportation of goods, INDEX, INDEX. Lacbine rapid, 51 "V bars or rapids in the Tonnewanta, 55 Raritan river, 96 Rates of toll in 1823, 558 1825, 558,9 Rawson, Mr. 150,2,4,9. 165,5. 173. 181,3 Rea, Mr. 10 Reading, petition from, for canal, 119 Red creek, 37. 216 Reddington, Mr. 189. 190, 1, 2, 3 Reefs, lake reef, Caughanoy, Oak Orchard, Oak Point and Horse Shoe, 14 Reel's creek, 535 Rees* Cyclopedia quoted, 17. 24. 27 Reid, Mr. 149. 152,4. 162,4,6,9. 173. 181,3 Rennie, Mr. his opinion, &c. 27 Reports, of Joint Committee on canals, March 21, 1808, approving the plan of canals from the Hudson through the waters of the Mohawk, and the intermediate lakes to lake Erie, 8. 9 resolution offered, directing surveyor general to explore route, Sec. 9 senate postpone it, 1 o afterwards agree to it, 10 (See canal commissioners, canal committee.) Requa, Mr. 150,3,4,9. 161,2,5,6. 170,3. 183. 383,6. 427 Revenue for making canal, 142 Revenues of the state in 1817, 2.'J3 (See also Canal Commissioners — Laws.) Rich, Mr. 186, 187, 188, 191 Ridges of land, mentioned, 14, 54 } 55 Ridgeway, petition from, for canal, 122 River navigation, 273 Rivers, opinion of W. Chapman as to falls in, 2g may be rendered uniform, and quotes W. Jessop, 27 beds of, not useful in internal navigation, #c. 48, 200 but they supply water for canals, 57 Roads, J. Geddes's remarks upon, 23, 4 between Utica and Salina, 399 52 public roads, intersect one portion of the canal, 413 between Schenectady and Utica, &c. 48 Newtown and Oswego, 63 Roanoke, 96, 98 Roberts, N. S. Mr. referred to, kc. 407 Rochdale canal, 1 35 Rochester, Mr. 27.2, 337, 340, 2, 6, 8, 9 Rochester, (village of,) 213, 152 side cut to, 511 Rockefeller, Mr. 109, 112, 114 Rocks, below Oswego falls, 16 (See Little Falls— Canal Commissioners.] INDEX. Rogers, Mr. 189, J 00, 2, 3 INDEX Roggen, Mr. 150, 2, 4, 9. 161, 5, 6, 9. 173, I HI, 3 V v ' Romaine, Mr. 271, 336, 8, 341, 2, 3, 5, G, 8, 350, 4Stt t 503, 10 Rome, summit above pound lock, at 13, 29 canal at, and to, alluded to, 61 boat navigation from, to Lake Ontario, .00 to Oswsgo, 50 elevation above the Mohawk, 61 descent from Lake Erie to Rome summit, 60, 65 to Hudson river, 65, 130 Mr. Weston's opinion, &e. 74, 75 route from, to Seneca, recommended first to be undertaken, 1 18, 531 plan of the country from Cayuga outlet, to, 146 canal operations commenced at, 367 level, 400 summit extended to 60 miles, I L0 Rondequet, (See Irondequot,) 37, 33 Root, Mr. his motion, June 17, 1812, 194 do. February 10, 1813, 101, 2 do. January 27, 1814, 107 his name in divisions, 102, 115, 384, 6. 327, 510 Rose, Mr. 150, 2, 4, 8. 161, 3, 6, 9. 173. 189. 191, 2. 508, 10 Roseboom, Mr. 189. 191, 2, 3 Roseburgh, Mr. 272. 336. 341, 2, 3, 5, 8, 9 Rosecrants, Mr. 271. 336, 9. 341, 5, 6, 8, 9. 383, 7 Ross, Mr. .109. Ill, 12, 14. 174, 5, 6, 7, 8. 189. 190, 1, 2, 3. 351, 2, 3, 4, 5, 6, 7 Rotterdam, on lake Ontario, between that and Salmon creek, summit. &c. 13. 14 Rouen and Paris, (in France,) transportation between, 48 Rouse, Mr. 115. 186, 7, 8. 194 Routes of canals, maps thereof, &c. 3 route required, taken in 1808, 9 see mterior route, 13. 24 route from Rome to Seneca recommended, first to be under- taken, tt% Ontario route, 130, 1> 2 Rush brook, 211 culverts at, Russell, Mr. 109, 11, 14. 149. 152, 4, 9. 161, 2, 4. 173. 131, 3, 9. 191, 3. 271 336, 8, 9. 341, 2, 3, 5, 6, 8. 350 Russia, (in Herkimer,) petition from, for canal, H* Sacket, James, Mr. 383 » 7 Sackett, Jehiel, Mr. 384 ^ 7 Sadaqueda creek, / €HM INDEX. INDEX. Sadaqueda, embankment at, **^*V"«W aqueduct at, 413 Salaries of canal commissioners, 429, 435 Salina, 31,38 salt works at, 40 1 Salina plains, 235, 400 side cut recommended at, 416 embankment at, 400 length of side cut, 451 town of, 478 Saline river, 478 Salmon creek, summit between that and Rotterdam, 13 culvert at, 211 Salt, 129, 273, 9. 288, 379, 475, 6, 7 exported from Salina, 478 duties on, proposed for canal in 1816, and 1817, 143, 282 imposed by law, 362 quantity imported and consumed in the U. S. 479, 480 do. made in the U. S. • 480 price of, &c. 480 revenue from, 439 Sand stone, (red) 207 Sandy creek, 145, 209, 210 Sandusky, freight from New-York to, 128, 478 Sanford, Mr. 149, 153, 5, 9. 161, 2, 5. 6, 9. 173, 181, 3, 7, 8. 194, 336, 8 341, 3, 4, 5, 6, 9. 350 Sanger, Mr. 150, 2, 4, 8. 160, 3 Santee river, 96, 98 Saratoga falls, 291 Saratoga, (town of) proposition in 1817 to tax it, 284 Sargent, Mr. 336, 341, 2, 3, 4, 5, 9. 350, 387 Satterlee, Mr. 109, 114 Savage, Mr. 109, 111, 112, 114 Savanna river, 96, 99 Sayre, Mr. 109, 111, 112, 114, 190, 1, 2, 3 Scawyas, 318 Schenck, Mr. 427, 508 Schenectady to Cayuga lake, &c. [in note,] 27 route from, to Oswego, alluded to, 39 from Schenectady to the falls, the Hudson, &c. canals practi- cable, 48 high ground between Schenectady and Albany, 61, 62 Schermerhorn, Mr. 383, 7 Schlosser to Lewiston, 18. 20. 34,5 to Black Rock, 19 to Lake Erie, 20 rise and fall of the waters, 22 no road from, to Black Rock, 24 Schoharie Creek, 52 INDEX. Schoharie Creek, elevation at, i.J LNDKX. descent from L. Erie to, 6 1 N >^*v-^. Schoolcraft, Mr. 1 ,.\ 4, 8. ICO, 3, G, 9. 173. 181,3 Schuyler, Gen. P. his route referred to, 289 Schuyler, P. J. Mr. his name as canal commissioner, in the bill from the Assembly in 1816, 167 Schuyler, town of, petition from for a canal, I J J Schuyler's mills, 20 I Schuylkill, 96, 8 Sciota River, KM Scotland, canal from the Forth to the Clyde, 134 Scott Creek, 33 Sears, Mr. 190, 1, 2. 272. 336. 341, 7, 9 Sebring, Mr. 139. 191,%* Secretary of State, his duty under act of 1825, J. ! Secretary of the Treasury of the U. S. two canal commissioners wait on him, and his opinion on the application. 91,2 Selby, Mr. 383, 7 Senate, copies of this work for that body, 4 Seneca, petition from, for canal, 119. 120 proposition in 1817, to tax the county of, 21', 1 Seneca Falls, 30 Seneca Lake, above Cayuga Lake, 30 difficulties suggested, as to a canal crossing it, Gl side cut to 63 descent from L. Erie to, &c. 60. 476 Seneca Lock Navigation Company, 319 Seneca River, 131, 116. 219. 449 lower than Lake Erie, ttt see also Col. My nderse's letter, 317 from Skaneatelas outlet to, 403 Severn river — T. Telford's plan, kc. 27 W. Jessop's opinion, 27 Seymour, Mr. 174, 5. 351, 2, 3, 4, 5, 6, 7 508 Seymour, Mr. his name inserted as Canal Commissioner in the bill from the Assembly, in 1816, 167 is appointed a Canal Commissioner in 1819, ISQ Shallows — see rapids, steeps, &c. Sharp, Mr. 271. 381, 7. 507, S. 510 Sheldon, Mr.— his motion, June 17, 1812, 191 Shells, Shepherd's brook — waste weir at, 123 r > Stone's saw mill, 36 Stony creek, J J ! culvert at, 419 Storrs, Mr. 189, 190, 2, 3. 508, 510 St. Peter's lake, 50 Stranahan, Mr. 115, 174, 351, 2, 3, 4, 5, 6, 7 Strong, Mr. 110, 111, 113, 114. 150, 2, 4, 8. 160, 3, 5, 6, 9. 173, 1 8 1 ft, 3. 508, 510 Sullivan, J. L. Mr. letter from, 18 » Summits, at Rotterdam, 13 Salmon creek, 13 Ontario lake, 13. 60 Rome, 13, 50, 367 Oneida lake, 13 between Tonewanta creek, and Black creek, 20 Tonewanta swamp above Toncwanta creek, same swamp above Lake F.rie, »o between Irondequot and Mud creek, 28 Mud creek and Genesee river, ~ - Boyle summit, and summit pound, above Troy, Lake Eric, Toncwanta swamp, Genesee river, Cayuga marshes or lake. Three River Point, Oneida lake, Rome summit pound, and lake Ontario, are above Troy level, (See also inclined plane and maps.) j » G08 INDEX. INDEX. Summit pound at Rome, 2£ Superior, lake, 64 Supreme Court, confirm the award of the commissioners appointed to appraise the value of the rights of the W. I. L. N. Company, 505 Survey, from the mouth of Oswego river to Three River point, 429, 489 (See also, Canal Commissioners, and maps.) Surveyors, . 15 INDEX. -v — opinion as to wood weirs, &c. wens, i*i r. iyu, l, z, o. 272. Joo. J4l. J, ■ O 1 A oca VVells, 1 1, ivir. 427 vvenoeii, iVir. i act 1 4 A - fi "7 » "VVescoy, waters ot, A E.1 v> esiorooK, .»ir. i ou, »i, y. loi, O *l ■l 1