Columbia 
 
 LIBRARY 
 
 THE SELIGMAN LIBRARY OF ECONOMICS 
 
 1929 
 
 J8Z8A 
 
 6uSf3 
 
Hry (UM- ' 
 
REFUTATION 
 
 Of Mr. Golden’s “ANSWER,” to Mr. Sullivan’s REPORT to the 
 ■society FOR ESTABLISHING USEFUL MANUFACTORIES 
 in New-Jersey upon the intended encroachments of the MORRIS 
 CANAL COMPANY’ in diverting from their natural course the 
 waters of the Passaic. 
 
ARRANGEMENT. 
 
 3 Personalities repelled. 
 
 4 Origin of the Society. 
 
 5 Origin of Morris Canal. 
 
 6 Grounds of controversy. 
 
 7 Substance of my Report. 
 
 8 Of the Directors. 
 
 9 Vindication. 
 
 11 The rejected proposition explained. 
 
 12 Raritan Canal. 
 
 13 Morris Canal revenue. 
 
 14 Rail-Road through Warren, he. 
 
 15 Lake Water computed from Mr. Col- 
 
 den’s data. 
 
 17 Musconetcong Mills. 
 
 “ Circumstances relied on by Mr. Colden 
 examined. 
 
 22 Intended aggression proved. 
 
 37 The Company now openly claim the 
 the Passaic. 
 
 28 Refutation of that pretension. 
 
 35 Musconetcong. 
 
 36 Absurd attempt to palliate damage. 
 38 Trial by Jury denied. 
 
 40 Prerequisites of the law to the for¬ 
 mation of the Canal Company. 
 
 “ Examined as to fulfilment. 
 
 45 Finances—Loans, whether secure. 
 Opportunity lost by Mr. Colden. 
 Appeal to the good sense of the 
 stockholders. 
 
 APPENDIX. 
 
 Letter ftom Col. Long. 
 
 Cost of Rail-Roads. 
 
 Mr. Winans’ Car. 
 
 Hudson and Delaware Canal. 
 Hudson and Susquehanna Rail-Road. 
 
 ERRATA. 
 
 t Page 16—line 35, read easily for early. 
 
 A 22f-line 12, read^oiced for flowered. 
 
LETTER IN REFUTATION, &c. 
 
 To Roswell L. Colt, Esq. Governor of the Incorporated Society for 
 Establishing Useful Manufactories in Ncw-Jersey—sealed at Paierson. 
 
 Self-defexce calls for this notice of a recent pamphlet, entitled, “ An 
 Answer” to my Report on your concerns. The President of the Mor¬ 
 ris Canal Company has attempted to ward off the force of unquestion¬ 
 able facts, by opposing personalities and mirepresentations. A simple 
 explanation of the transactions, which he has, in a very distorted form, 
 summoned to his aid, will be found in a subjoined Note.* 
 
 There is for Mr. Colden an apology, which converts resentment info 
 pity. We know the mind, especially in advanced life, is sometimes 
 weakened by misfortune, and the occurrence of a name will then, by 
 mere association, revive its memory, and, to an undisciplined or an un¬ 
 christian temper, all its bitterness. Thus he can as soon forgive as 
 
 * Note. I was never among those who refused due honour to Mr. Fulton’s' 
 ingenuity and perseverance. He was the successful improver, not the inventor, 
 of steam-boats. The Legislature of New-York had granted an exclusive privi¬ 
 lege to his predecessor in this att, prior to that granted to Livingston and Ful¬ 
 ton. Laws had been made to encourage the progress of the useful arts and 
 sciences. This field .was as open to me as to him. An improvement was made, 
 which both claimed to have originated. An arbitration was appointed. The 
 award was in my favour. My patent gave me a right to use it on all the waters 
 of the United States. Claiming to come upon those of New-York, I did not 
 pretend that the monopoly was unconstitutional as regarded the citizens of New. 
 York, but as affecting rights derived from 1 the laws of Congress. 
 
 When other parties began to contend against the monopoly as wholly- uncon¬ 
 stitutional, I conceived the best policy of the North River Company was to for¬ 
 tify themselves with privileges under the laws of the United States; and I still 
 think it highly probable, had pride permitted them to negotiate on equgl terms 
 
.forget that more than ten years ago ray interest happened to be opposed 
 in law to his, in the question of the Steam-boat Monopoly. But I 
 should descend from my self-respect, and be wanting in respectfulness to 
 you, and even to the community, were I to follow his example. With¬ 
 out acrimony, these pages may be found to have point enough to interest 
 the stockholders, and even the creditors of the company; and, perhaps, 
 to awaken attention to the controversy between that corporation and 
 the Society in every just and honourable mind in New-Jersey; for I 
 shall take care that this antidote follow the poison which the President 
 of the Morris Canal has widely disseminated there in the vain hope of 
 injuring the reputation of a professional man, where he most fears those 
 talents, such as they are, which he affects to despise. The occasion 
 warrants a degree of freedom with the concerns of the company I regret 
 to take. ' The stockholders, may, however, be more benefited by an 
 open and close examination, than by Mr. Coldcn’s letter. They will 
 better understand their true position, and better know their president. 
 I shall nought extenuate, nor set down aught in malice. 
 
 It may not be generally known, to them or to the public, that your 
 Charter was granted in 1791; that after struggling for many years through 
 a series of difficulties, incident to the novelty of the Undertaking—the 
 infancy of the mechanic arts—a low impost, and foreign skill—the So¬ 
 ciety, after heavy losses, has now at length, by good management and the 
 accession of more active capital, become prosperous and valuable. One 
 of the largest towns in New-Jersey has already risen under your charter, 
 and more manufactories are established at Paterson, than are found in 
 all the rest of the State besides. This institution does honour to the 
 legislative foresight which founded and fostered it. 
 
 Invited by the assurance of inviolable protection, the original contri¬ 
 butors of capital to a large amount, chose the Great. Falls of Passaic to 
 be their principal seat, and purchased the shores and the bed of this noble 
 stream at this place. The legislature then may be said to have conse¬ 
 crated these waters to the manufacturing interest. 
 
 with their opponent in New-Jersey, this policy would have prolonged their State 
 grant to this day. , 
 
 . Whether I conducted the negotiation prudently, or they wisely, is a matter 
 now of not the least consequence to the public, nor to the parties; and Mr. Col- 
 den should be reminded, that the “ preposterous pretensions” he ascribes to me, 
 (page 4,) were those of his friend Fulton also. 
 
 2d. The Albany Railway was not interfered with. As a citizen, and as the 
 agent of the patentee of the elevated railway, I had as good right to apply fo 
 the legislature as ainy other party: but I forbore to interfere with those who had 
 the intention to apply, any further than to prevent them from having an act 
 which would preclude Troy from the like advantage. 
 
 As I had resided, and was acquainted with the principal merchants there, I 
 knew their trade required the same facility as that of Albany. The western 
 business of that city could not have been expected to come or go by the way 
 of Albany. There was no incompatibility in the two roads; and though the 
 grant to the applicants was altered so as not to preclude Troy, it has left the 
 ;jroute from Albany in possession of all its superior advantages and inducements. 
 
In 1824, thirty-three years later, the Morris Canal Company was in¬ 
 corporated ; its professed purpose to bring Lehigh Coal to the City of- 
 New-York across the State, and.should experiment succeed in ascer¬ 
 taining that the furnaces of Morris County can use it, to supply them 
 also. 
 
 It originated with a few gentlemen in Morris County, and commis¬ 
 sioners being appointed by the legislature to investigate the ground, they 
 reporte.d that the basis of its practicability was the occurrence of a spa¬ 
 cious take on the route, situated on the summit of the mountain to be 
 
 traversed, and which could supply the canal in both directions with not 
 only a sufficiency, but with even three times as much water as the whole 
 canal would require. 
 
 No mention was made of the Passaic waters, though lying conve¬ 
 niently in the way; and this tacit acknowledgment of their inviolability, 
 was in accordance with.the sentiment of the legislature. This, as well 
 as the confidence nf the Society in its charter, in a great measure pre¬ 
 vented that solicitude and apprehension of interference, which otherwise 
 would have sought, and would have unquestionably obtained, an ex¬ 
 press prohibition of such interference* If some who were then in the 
 legislature are to be believed, had there been at that time the least 
 whisper of the pretensions which the Morris Canal Gompany now make, 
 their bill would have been rejected with unanimous indignation. 
 
 But believing that no such interference with y our waters was intended, 
 and willing to promote a work which promised to pass through Paterson, 
 I learn no opposition was made. A clause recognised the canalling pow¬ 
 ers of the Society ; but it was found with much surprise afterwards, that, 
 in the absence of attention, permission to take one of the sources of the 
 Rockaway branch had beeu. under some misinformation, included in the 
 bill. This being unconstitutional, will, no doubt, be rescinded, if the 
 Morris Canal act is still within reach of legislation, as it may prove to be. 
 
 Nevertheless, so long as the route was believed to be as originally 
 
 3d. While I resided at Troy, some one introduced to me a Mr Brown, as 
 a reputable mechanic, having a family living near the Arsenal, and employed 
 there as an artizan, but not an enlisted man. 
 
 Brown said he had invented or discovered, by experiments made at his own 
 house, that by using a certain proportion of powdered anthracite coal, with a 
 very fine clay found near the place in Vermont where he was brought up, that 
 he could make a crucible which would stand the intense heat necessary to melt 
 wroughtiron in order to carbonize it, in due proportion, into steel. He requested 
 me to witness the process, and if satisfied, to assist hint to take out a patent. I 
 consented, provided he would prove to me that he was the inventor. To this 
 end he brought a number of reputable mechanics, whom I required should 
 make oath to what they stated. 
 
 It was afterwards-found that Majoi Dalliba, commandant of the Arsenal, 
 claimed the same invention—that he had invented if while Brown was assisting 
 him in a long series of experiments. On further inquiry, I found Brown’s story 
 to be, that those experiments had not succeeded till he had himself discovered 
 the utility of the coal and clay, and made them known to the major. Brown 
 
contemplated, passing through the village, liberal offers of land and water 
 were made in a manner consistent with the manufacturing interest. 
 
 The gradual development of the company’s plan of construction soon. 
 I understand, awakened a suspicion, either that they had discovered the 
 lake supply to be inadequate, or that they had designs on the Passaic for 
 some purpose other than that of merely supplying the canal. It was 
 evident by their proceedings that they intended to take in the Rockaway 
 branch at several points:—indeed, the fears of stockholders that the 
 lake would not prove to be sufficient, had brought out the explicit decla¬ 
 ration, by one of the officers of the company, of a design to take in the 
 waters of this river —still however persisting that the lake was three 
 or four times more than sufficient. 
 
 Remonstrances were made in vain : they answered in a manner bor¬ 
 dering on derision, that they would bring in more water than they should 
 take; while to their engineer they gave orders to make the canal, just as 
 if they had the entire right and command of the Passaic and its branches. 
 
 To the reasonable objection made by the Society in saying—You 
 have abundance and superabundance of water; why not, then, carry 
 your canal over our streams in aqueducts as usual ? Why,even without 
 the plea of, necessity, ruin our manufactories ? If you could plead defi¬ 
 ciency, it would be no excuse—ours being the older charter. Were 
 they to bring ever so much, you asserted, and still assert, they can have 
 no right to take from these waters:—none of which can be spared from 
 the manufactories—all of which were appropriated to their use. 
 
 The Morris Canal Company now openly hold the charter of the So¬ 
 ciety in defiance, and claim under a mere act of incorporation to make 
 a canal, to take and divert away every stream on which the manufacto¬ 
 ries depend; at the same time still asserting that they have a five-fold 
 sufficiency besides. 
 
 The company’s thus overleaping the bounds of corporate autho¬ 
 rity, has put the manufacturing Society on the defensive for its exist¬ 
 ence in practical usefulness. An allusion in my report to that evident 
 
 proved that he had sent his apprentice for the clay—and for a little of the coal 
 by his neighbour, a contractor on one of the Pennsylvania canals. 
 
 The arbitration between them, appointed according to law, gave their award 
 in favour of the major, but not unanimously. Samuel M. Hupkins, Esq. was 
 Brown’s referee, and did not join in the award against him. If convinced that 
 
 the major was the inventor, there was no reason why he should not. I assisted 
 Brown through the arbitration. It was not a very uncommon case. Both par¬ 
 ties had an equal right to invent, to experiment, and to claim the reward of 
 their usefulness. My offence was in sustaining a humble mechanic against a 
 commissioned officer. That officer, soon after his court martial, retired from 
 the service to the retreat whence he vented his resentment by the letter giving 
 his notions of this matter, and whoever knows him will have put a due value on 1 
 them. 
 
 4th. Again, Mr Colden distorts a question arising between the Dry Dock 
 Company and Mr. Thomas. That company owe it to me that they did 
 not go into heavy, hazardous, and needless expense. It happened while at 
 Washington that Mr. Thomas, well known there as a master shipwright, 
 
scheme of aggrandizement, has touched the heart of the President of the 
 Company, and caused him to pour out its bitterness upon me. 1 am 
 thus compelled to enlarge on the proofs of this scheme, were any other 
 necessary than to point to their works. 
 
 The impending controversy at law to defend the Society against the 
 Morris Canal Company, had led your counsel (Mr. Wall) to advise that 
 a civil engineer should be employed to ascertain and describe the man* 
 ner in which the canal is actually constructed at those places where they 
 have prepared to take Passaic water; and how it might have been differ¬ 
 ently constructed to avoid doing the injury impending—the quantity of 
 water elsewhere at command of the company—its adequacy or inade¬ 
 quacy. You did me the honour of your confidence on this occasion; 
 and it being on a subject exceedingly interesting to the manufacturers 
 and town of Paterson, my report was, as usual with corporate state¬ 
 ments, printed. 
 
 It may not have reached the hands of many who will see this letter. 
 I therefore mention, that, in order to show the extent of the injury ap¬ 
 prehended, it contains a statistical account of Paterson ; also abundant 
 proof that the legislature, as w'ell as the commissioners, intended the com¬ 
 pany should-use the waters of Lake Hopatcotig alone , or together with 
 the western and summit brooks. It shows that, allowing those waters to 
 have been correctly measured by Professor Renwick, yet comparing 
 that quantity proportionably with what is found requisite on Erie Canal, 
 it would be so much deficient, that if the waters of the Passaic are di¬ 
 verted away to make up that deficiency, it would interrupt and ruin the 
 manufactories of Paterson; for, though a canal suffers only in loss 
 of time by suspension of its operation, manufactories depending on water 
 power, cannot bear any interruption of supply whatever. It was Judge 
 Wright’s remark, that they require to be as regular as the sun. 
 
 In doing this duty, 1 had to refer to, and quote from, the State’s Com- 
 I missioners’ Report, and the communications of the engineers—even 
 
 was introduced to me by a gentleman employed under government, as the 
 ingenious inventor of the Railway Dock, which had received the approba¬ 
 tion of a committee ofthe Columbian Institute, of which a navy officer of high 
 rank was chairman. I was of course, at various times, led to converse with him 
 on the subject, and he became solicitous that I should assist hint in getting bis 
 
 improvement into use in our commercial harbours, where the tide falls but five 
 or six feet, especially as one part of his invention is a method of cutting off the 
 pile foundation of the railway, with mathematical exactness in slope and level, 
 each pile in relation to all the rest—thus avoiding the heavy expense of a Coflre 
 Dam, otherwise necessary, The Scotch marine railjvay hRd always been es¬ 
 tablished where the tide retired far enough to permit of laying dawn the ways 
 dry. His improvement also consisted of methods of shoring the ship. 
 
 Perceiving that a Dry Dock Company had been incorporated in New-York, 
 I wrote to a member of it, suggesting that Thomas’ Marine , Railway, or Dock, 
 would, at much less expense, answer their purpose. I was authorized, in reply, 
 to send Mr. Thomas to this city. He came, and found the board much oc¬ 
 cupied with plans submitted to them, and wrote that he doubted his succeeding 
 
0 
 
 those too of the officers of the company j hut always, of course, with the 
 courtesy and personal respect due to gentlemen with whom I might differ 
 in calculation without enmity or incivility. Mr. Colden himself was 
 mentioned only as saying that the lake, in his opinion, was five times 
 sufficient for all the locks of the canal. 
 
 My surprise, therefore, was very great to perceive that the President 
 of the Company had descended from the honour of his station; not to 
 disprove my statements, but to borrow and retail refuted calumnies. 
 
 He addresses his letter to the Board of Directors of Morris Canal— 
 and they will regret perhaps that he did not submit it to them before 
 publication. I cannot believe that board could have read his letter 
 in,manuscript, as they-would have advised against the-introduction, not 
 only of much irrelevant matter, but things which those who know me . 
 personally would have told him admitted of explanation. j 
 
 . Indeed, those gentlemen, however exempt by fortune from professional \ 
 labours,.cannot be therefore insensible, as he appears to be, to the value j 
 of character. They surely know too much of human affairs, had they | 
 also failed in magnanimity, not to have reminded him of a maxim at the ! 
 bar among his . profession,, which implies hear both sides. As prudent j 
 men, to whom. the.company had confided'a great concern, they would j 
 have foreseen the consequence of assailing the professional standing-o( i 
 an ; engineer, necessarily to be a vindication of it, which (unless the So- j 
 ciety had been in their choice as imprudent as Mr. Colden wishes to I 
 haye. belieyed) would justify and establish credence in the very report ; 
 which he is so unwilling to have thought to come from a competent mind, i 
 
 No. doubt it contains startling facts, which may well have' prompted 
 the board to the questions— ll'hal they were now to think of his declare- ; 
 tions of the superabundance of the supply from the lake ? Why if suffi- i 
 cient, invade the rights of the Society ? Or, if not sufficient, why increase : 
 the length of the canal, and instead of terminating it in 76 miles at tide i 
 .near Aquacknock, as originally intended,extend it to Newark 94 miles? I 
 Why unnecessarily, ,cause heavy claims for damages ? Why place the 
 
 to convince them that his was the only practicable one, unless I would 
 come and explain the principles of it. I came, was introduced immediately, 
 madelhe explanation, illustrating it by a sketch of a ship on the railway car¬ 
 riage, much as they now appear when drawn up. The Board of Directors voted 
 to allow Thomas to build them one of his Marine Railways, giving him the same 
 salary he had received at the Washington Navy Yard, which lie accepted with¬ 
 out compensation sppciaf/y/or his invention, it being a great object with him to 
 . exemplify it in one instance on a large scale of operation. This he accomplished 
 to the admiration of the public, and the satisfaction of all.the board, I believe, 
 but one. ; Thomas sought for a practical opportunity before he took out his 
 
 patents, though his improvements had been specified. 
 
 When the railway had commenced operation, and steam-boats began to pre¬ 
 sent to be hauled out, perceiving that the shear.shores, one of those inventions, 
 were not so applicable to them as to ships, he- devised a mode of supporting 
 them, and other flak vessels, at the bilge, by a cradle formed of levers of- the 
 second class, propt from the side timbers of the carriage. This was a further 
 
 improvement. 
 
9 
 
 legislature, contrary to its meaning, intbe appearance of violating their 
 own charter to the Society—and even the Constitution of the United 
 ' States? 
 
 “ The Answer” must have disappointed them as men of business and 
 sound discretion. Mr. Colden seems, indeed, to presume then unac¬ 
 quainted with the laws of New-Jersey, especially the respective acts of 
 the two corporations, as I shall have occasion to show. But before pro¬ 
 ceeding to the examination 1 propose briefly to make of the grounds 
 the President of the Company now takes to justify their aggressions on 
 the Society, I shall, in a few words, remove the impression he has at¬ 
 tempted to make, that I am not entitled to offer opinions, however sus¬ 
 tained by experience and history, against those of the distinguished engi¬ 
 neers, General Bernard and Colonel Totten, of the United States army 
 —Judge Wright, Major Beach, and Professor Renwick, civil engineers. 
 
 It may not possibly have come within the knowledge of Mr. Colden, 
 that I was considered by the President of the United States, Mr. Monroe, 
 a civil engineer of suitable standing to form, with tk‘ two first mentioned 
 gentlemen, the Board of Engineers for Internal Improvement, and when I 
 was nominated to that office, the then Secretary of State, Mr. Adams, 
 being a stockholder in the Middlesex Canal Corporation, for which I 
 had constructed canals, now seventeen years the medium of the north¬ 
 western trade from Boston, might have advised against my appointment, 
 had he not thought it a proper one. Nor was his probable approbation 
 unsustained, for I have in uiy possession (exhibited to your .presiding 
 officer) a testimonial from that corporation, an authenticated copy of a 
 unanimous vote, expressive of entire satisfaction in my services as their 
 engineer and agent fvr twelve years; at the expiration of which, I left 
 their employ to attend to some distant affairs of my own, and a wider 
 field of employment in the Middle State. And in regard to Judge 
 Wright, we all acknowledge the value of his experience, skill, and judg¬ 
 ment; and yet without any disparagement of his respectability, 1 may 
 say, that before the Erie Canal was commenced, he came to view Mid- 
 
 The Dry Dock Company were informed that they might have these inven¬ 
 tions for the port entire, or for any future docks, at a fair consideration. 
 
 When therefore they commenced building their second dock, Thomas re¬ 
 quested to have his right respected. But this being refused, he filed a bill to 
 obtain an injunction against their using his bilge levers in a second dock. The 
 application was heard before ^ Judge Thompson, when, to die surprise of .all 
 Thomas’ fellow labourers in the dock, the cashier of the company swore (bathe 
 had invented the bilge levers himself. Thomas denies that be ever bad die 
 least intimation from him on the subject His affidavit to this effect was offered, 
 but refused as that of a party interested. Probably the judge denied the in¬ 
 junction in consequence of a rule he had made to have the right first tried at 
 common law. The end is not yet 
 
 The attempt to negotiate with Mr. Weeks for another of Thomas’ inventions, 
 for which the Navy Department paid him a considerable price, was in the com¬ 
 mon course of business. I never proposed the sum mentioned, but some rea¬ 
 sonable one. 
 
 2 
 
10 
 
 'fllesex, then in my care, and I was at that period in advance of him in 
 
 ■ observation, having had opportunity to see most of the 1 celebrated canals 
 in Europe. From that time our acquaintance has matured to friend¬ 
 ship, and as a'proof of it, he sought me out to substitute my services for 
 -bis.own-in making the preliminary: investigations for the Hudson and 
 •Delaware Canal. ■ My report was approbated by him and printed, and 
 •may have'promoted the formation of the company in New-York, which 
 •has just achieved a work, excelled in magnitude and importance only by 
 Erie Canal, nor even there in some of the hold and correct structures 
 which dohonour to the engineers and to the directors. They deserved, 
 and have received, a peculiar mark of legislative confidence. Had my 
 -health permitted of spending the summer months in the southern states, 
 T should not have resigned that peculiarly honourable station. 
 
 • ■ i Besides, is it certain that-I am now at’variance with the present opi¬ 
 nions of tbose gentlemen ? For, since their opinion as to the sufficiency 
 of'Lake Hopatcong to supply Morris Canal was expressed, the investi¬ 
 gations I have described-in my report by Mr. Bates, at the request of 
 -the: Ohio Commissioners, - were made. The indispensable supply of 
 ■water' to canals in'.our climate, was not practically known to either of 
 those gentlemen with perfect accuracy. In fact, the United Slates en¬ 
 gineers approached the subject with great caution, and were sustained 
 only by accredited theories, as was Mr. Rtnwick. Nor do we learn by 
 Judge Wright’s letter to the commissioners, what waters were sAoio/i 
 ;him on the route by Major Beach! 
 
 But Mr. Golden, in expression of his enmity, draws a new and arbi- 
 . frary conclusion, considering the facili ty of travelling, and the migratory 
 spirit that pervades'our. country, that 1 should hate been employed on 
 ••the great works of Massachusetts, if I.had been an engineer of respecta- 
 bletalents. What great works ? But even if there -were such, I map not 
 ■prefer employment there; 1 may prefer New-Jereey. May 1 not possi- 
 'bly discern in your stale great opportunities'of usefulness ; in making 
 •rail-roads, for example ? Or may 1 not have been regularly invited by the 
 Society to i their service ? 
 
 5th. Mr. Colden, of all men, should not deem a steam-boat misfortune ^sub¬ 
 ject of reprobation. 
 
 • The facts alluded to were, that an association of gentlemen in Connecticut 
 agreed to build with mea'steam-boat. They the hull—I the engine. They 
 enlarged the vessel after the engine was planned: the result was not fortunate. 
 We amicably agreed—they to take back the hull, and 1 the engine. • I then 
 built a suitable, hull at Boston; made the passage in her myself to Charleston, 
 South Carolina, where she operated well in towing loaded boats up the rapid 
 Santee to Columbia, during the winter.' On’her last trip she got ashore in a 
 gale, and was damaged, asthe captain informed me, too much to proceed. She 
 was too much injured to be refitted there—came north, and was sold;: it may 
 be,tas MriiColden says, “ for old iron.” ■ And what then ? 
 
 6th: Mrl-Colden would , ridicule my. enthusiasm for mechanical improve¬ 
 ments,'^ that it has been said I own 40 or 50 patents. It is not to be denied, 
 that 1 have sported with a few hundred dollars in aiding others, and in securing 
 the right to improvements in the mechanical means of executing some branches 
 
Mr. Golden’s conscience whispers him that I volunteered to assist you.: 
 but surely he is mistaken. But 1 am yet to. learn by what proijisionof 
 the Morris Canal act, I am to ask permission of its,worthy.president 
 Tuyere I may pursue my own business. 
 
 I feel great reluctance to making this letter so often border on .ego-., 
 tism. My self-defence is, however, so connected with points that re-, 
 gard one or the other corporation, that it may be less unacceptable and 
 more excusable. Mr. Colden’s broad accusation, that 1 have habitually 
 obtruded myself into public enterprises, is altogether unfounded.and im¬ 
 possible. The instances he pretends to give this appearance to, are 
 shown in the Note to be very different; that which he considers so 
 in relation to the Morris Canal was a proposition of business in my right 
 alone to execute. Its explanation may interest the stockholders.enough 
 to warrant a brief narrative, especially, as they may see in it none of 
 those marks of hostility to their success which Mr. .Colden’s prejudice 
 discovers. ' 
 
 My avocations have happened to lead me to understand the Morris 
 Canal project from its origin. The State’s commissioners invited me 
 to meet them at Morristown. I went in order to explain, and recom¬ 
 mend Dearborn’s perpendicular lift, the most complete improvement of 
 modern times, perfectly adapted to this singularly elevated route. . I do 
 not think the commissioners or engineers, in prefering the inclined plane, 
 could have understood it thoroughly. 1 had the honour of being inclu¬ 
 ded in the legislature’s vote of thanks to the engineers, without render¬ 
 ing the State any other service. 1 know that 1 am right in. saying that 
 the whole success of Morris Canal, as (hen planned and since executed, 
 depends on the Lehigh Coal Mines, over which the company has no 
 control. 
 
 The next year the Board of Engineers, to which I belonged, was, on 
 the application of the commissioners for the Raritan and Delaware Ca¬ 
 nal, (1824,) ordered to view this route, and report on its practica¬ 
 bility. We found the streams on the line surveyed inadequate to its 
 supply, and decided the important point, that a feeder from the Dela¬ 
 ware would be necessary. We ascertained that the feeder would reach 
 above twenty miles towards the Lehigh. 
 
 In their report, the commissioners, men of the first intelligence, (L. Q. 
 C. Elmer, the late Dr. Holcombe, and the late Col. Kean,) compare the 
 
 of my profession. But did not Mr. Watt, Mr. Wbittemo're, Mr. Whitney, and 
 even Mr. Fulton, invent ? If I had been the owner of 100 patents—-what then ? 
 But Mr. Colden’s irony on this subject has some point; my 100 patents may be 
 . of no value, for among them all there was not found that one worth afjumsimd, 
 the perpetual motion —for Mr. Colden himself has the reputation of this great 
 discovery. 
 
 In the thousand transactions I have had, it seems these are all thatMr. Col- 
 den’s good will could muster up in which a difference or a litigation arose..^.1 
 could not myself indeed furnish him with many more. They , prove that,. .like 
 others, I have in my course of affairs, met with some perverse and unjust men; 
 and some future Colden may add to the list of cases the present. 
 
Raritafi with the Morris Canal route then in debate and contemplation, 
 and make the distance about the same to New-York, but the practical 
 time in passing the elevation of the latter, equal to an increase of 66 
 miles if locks are used, and something possibly less, if inclined planes 
 ate as successful as the projectors then hoped. They annex a letter of 
 the managers of the Lehigh Coal Mines, Messrs. White and Hazard, who 
 express decidedly the opinion that the Raritan Canal route would afford 
 them the cheapest access to the New-York market. The Morris Canal 
 law passed soon after this, December 31,1824. The banking privilege 
 filled the stock. , 
 
 The Raritan Canal subject was next year revived. Petitioners ob¬ 
 tained an act of incorporation conditionally,'that Pennsylvania should 
 consent to allow the waters of the Delaware to be used. The com¬ 
 pany were to pay a bonus-of one hundred thousand dollars. That State 
 consented; but, among other conditions, prescribed that the feeder 
 should be extended almost up to the Lehigh. The other conditions 
 amounted to refusal. Pennsylvania intended then probably to make 
 the canal on their side the river. They have done so; and the work 
 is in greftt forwardness from the Lehigh to tide. It passes in sight of 
 Trenton, and affords a stronger inducement than ever to make the Ra¬ 
 ritan canal, because the feeder of it may connect with the Pennsylvania 
 Canal, and thus afford a continuity of canal navigation from Mauch 
 Chunk, descending the whole distance to the tide at New-Brunswick, 
 Whence, if the boats are decked, steam tow boats will convey them to 
 New-York. Another reason is, that the Raritan Canal may be con¬ 
 nected by an aqueduct with that of Pennsylvania, which will probably 
 he prolonged to Philadelphia. The convention between the two States 
 made in 1782 will probably be superseded by a new one adapted to the 
 present state of things. 
 
 PeW things in human affairs are more certain than that the Raritan 
 Canal Will soon be made. Public convenience has long demanded it; 
 and the'financial interest of the State responds to the call of the nation. 
 Lately a numerous meeting at Princeton has been assembled to recom- 
 rrtend it to the legislature. All this ill accords with Mr. Colden’s as¬ 
 surance in his official report of 30th April, 1827:—“ It is hardly possible 
 that any canal can be opened which will come in competition with the 
 one we are executing.” 
 
 There will then undoubtedly be a Delaware and Raritan Canal.— 
 Now as the managers of the mines say it will be the cheapest route to 
 market, the question is obvious—Does Morris Canal depend for revenue 
 principally on Lehigh coal ? I give in answer a quotation from the Uni¬ 
 ted States engineer’s report, page 10. 
 
 ‘‘ The principal article transported upon the canal will he coal from 
 the Lehigh for the supply of the city of New-York. That city and the 
 village of Brooklyn contains 135,000 inhabitants; but the only means 
 bfhpfftoximating to the consumption of coal by this population, is, by 
 comparing it With other cities in a similar climate, where coal is the 
 
Dublin contains, 144,000 people: its annual consumption of coal is 204,000 
 
 Edinburgh and Leith, 100,000 “ ‘ “ “ 213,000 
 
 244,000 - • 417,000 
 
 “This gives to each inhabitant a mean annual consumption of 
 1 ton T Vo 3 oi and for 135,000 inhabitants, 231,255 tons. 
 
 “ But as the Lehigh anthracite contains about twice the principal of 
 combustion, as the coal in use in the cities we have chosen for compa¬ 
 rison contain, we will reduce the quantity found above one half— 
 that is to 115,627 tons for the city of New-York—Toll $109,845 
 
 They then add 40,500 tons for forges of Morris County, • 24,300 
 36,375 tons for forges extinct, 21,825 
 
 40,000 tons for villages, • 24,000 
 
 ■ Tons 232,502 $179,970 
 
 various tonnage, 58,220 Toll - 34,301 
 
 •\ 290,722 ' $214,271 
 
 It is obvious that this revenue is based on the supposition of six times 
 as much coal as the mines as yet annually furnish, and that all other 
 articles are estimated at 34,000. If then the Morris Canal is deprived 
 of the Lehigh coal, and has to pay 20,000 annually out of 34,000 for 
 management and repairs, it will have but 14,000 left, which is about 
 1 per cent on the cost. 
 
 Wbat, then, was the proposition which so much affronted the Presi¬ 
 dent of the Company ? It seemed to me, for the reasons I have now given 
 that before Morris Canal can be finished, there will be a Raritan 
 ; and Delaware Canal, and its object be frustrated by this work and the 
 unexpected event of the Pennsylvania Canal to the Lehigh. That 
 there could be no other remedy for this misfortune but to seek out a 
 cheaper source of supply, I had ascertained that the ground frohv the 
 summit level of the canal to the water gap, 30 miles, was uncommonly 
 favourable, and we all know that a line of rail-road had been projected 
 and incorporated in Pennsylvania to bring coal from the Lachawanoch, 
 '/ near the Susquehannah, to the water-gap ; therefore to meet that line 
 would open a communication with that river on the most direct course, 
 as well as to beds of coal rising above ground of superior quality to the 
 Lehigh, being lighter and freer to burn, and more suitable to furnaces 
 and to grates—27 miles nigherto New-York than the Lehigh mines are 
 by the Morris Canal western section; and this 30 miles I had ho doubt, 
 being so comparatively level, could be made for as little money as the 
 15 mile rail-way of the Hudson and Delaware Canal. Therefore, hav¬ 
 ing in my hands the improvement deemed the most economical form of 
 rail-road that has been invented, it was rather excusable that /should 
 have offered it to the consideration of the Board of Directors'of Morris 
 Canal, notwithstanding I rather expected at the timei/rom Mr: Culden, 
 a negative at all events. He no doubt felt then, as he expresses himself 
 now in his pamphlet, “ I hope we shall persist in our determination to 
 have nothing to do with Mr. Sullivan and his project on any terms.” 
 
Their .rejection of my offer was for me a fortunate circumstance, as 
 since that time the counties of Warren and Susses, and Orange in New* 
 York', have become aware of the vast importance to that rich and isola¬ 
 ted part of the State to have a cheap, direct winter.and early spring com- 
 municationwith the city of New-York; and the centre of MorrisCoun- 
 ty being disappointed of the accommodation expected originally from 
 the canal, will hail, as a propitious event, the suggestion of a rail-road, 
 which, by its extent and connexions, will be sure to command any re¬ 
 quisite amount of capital. Besides the moment this work is granted by 
 the legislature, it will be the signal for filling the stock of the company 
 for the Pennsylvania section in Philadelphia; for which section of the 
 line, the surveys on the route I have described in my report, are this 
 summer making. Wherefore I shall continue to promote the enterprise 
 of Warren, and Sussex, and Orange, where a decided preference of rail¬ 
 way to canal has (since that attempt at negotiation) been manifested. 
 
 Orange has had their law altered, and the other counties will follow 
 the example, and by a branch from their line north and south or east¬ 
 ward to the Hudson, through the centre of Morris county, and through 
 Paterson to Hoboken. Essex and Bergen will have also ah interest 
 therein; and a much better reason can be given why this undertaking 
 should have the encouragement of a bank charter than any other—for it 
 will be a new work, a winter accommodation for half the State to the 
 best market. for iron, for flour, and for. produce, small and great.— 
 New-York being the commercial capital practically of New-Jersey, is 
 continually demanding more and more bank capital to facilitate its com¬ 
 merce, in which New-Jersey is interested; and what natural or reason¬ 
 able objection can there be to her supplying a part of this active capital ? 
 A charter of one State is in law. as good as one granted by another; and 
 on the Hudson will embody capital readily, whichever side the law 
 emanates. 
 
 This line of rail-way will do all and more than the Morris Canal was 
 ever expected to effect. It will cost about one third per mile as much. 
 It will afford to carry at one fourth as much. . It will operate as well in 
 the winter as the summer months,' when conveyance is in fact most 
 wanted in the country, and most impeded by our ameliorating climate. 
 It will disturb none of the mills, but give augmented value to them 
 every where near. Indeed braiiches may be made from the rail-road 
 where no branch from a canal would be practicable. (See Postscript.) 
 
 The recent improvement in railway carriages, patented to Ross 
 Winans, Esq., (and in my hands as his agent,) is one of the most sim¬ 
 ple and useful of modern inventions. It applies the power of the horse 
 as he moves forward to the working of compound leverage, in relief of the 
 friction at the bearing axles. Mr. Colden may not understand this de¬ 
 scription, but I can assure him it has been demonstrated to many, men 
 of science in Sussex and Orange, that one horse will draw on these cars 
 four times as much, as one usually draws on the best raiBways in Eng¬ 
 land, viz. 40 instead of 10 tons. This improvement was alone wanting 
 to give to rail-roads the most decided' advantage over canals, for locomo¬ 
 tive engines may be applied also to this improvement. 
 
1 regret, therefore, that the President of Morris Canal should have 
 expressed so decided an opinion against this improvement before he 
 knew what it was, and against rail-roads in favour of canals, in which he 
 is at variance with experience in Great Britain, as well as the scien¬ 
 tific treatise of Wood on rail-roads, and all who read'him, as a second 
 edition enlarged, with the more recent steps in the art, is announced as 
 about to appear from the ^London press. Tredgold too, if my memory 
 serves, states the expense of carrying per ton per mile on rail-roads to 
 be one farthing, equal to half a cent. What a pity then that the Mor-. 
 ris Canal route had not been occupied with a rail-way. The ground 
 was really well adapted to it; then the Musconetcong millers, and the 
 Passaic manufacturers, might have dwelt in peace “under their own 
 vine and fig tree, their natural and lawful privileges, with none to make 
 them afraid.” 
 
 Before, therefore, quitting the subject of the rejected proposition, it is 
 in my justification proper to remark further, that it was made on the 
 supposition thatthe object of the western section of the canal, 42 miles, 
 now half done, was in fact about to be snatched away; and that it was 
 - expedient for a prudent direction to substitute another, which, by a mo¬ 
 dification of the law of incorporation, might be made effectual to secure 
 the bank privilege, and make the middle, and perhaps southern section's, 
 good property, with no more money than it would require,unavailingly, 
 to finish the western section. The canal would have had a great and 
 cheap supply of coal, distant 14 miles by tide, 44 miles by canal, and 30 
 miles by rail-way, and 45 miles by rail-way in Pennsylvania; while 
 Hudson and Delaware Canal has 100 miles by tide, 106 by canal; and 
 15byrail-way—133to221. 
 
 Since that proposition was made, it appears that it would have been 
 fortunate for the Morris Canal Company to have fallen in with.it,' be¬ 
 cause l have demonstrated in my report that Lake Hopatcong does not 
 supply water enough for the western section alone, (with all the brooks 
 besides,) and that if restrained, as no doubt the company will be, to the 
 use of the lake waters, they will have the choice of filling the western 
 section alone,; or the middle section alone. The proposition then turns 
 out to have been of much more importance to the Morris Canal Company , 
 than lwas myself aware of at the time. 
 
 As to Water. The question whether Lake Hopatcong supplies a suffi¬ 
 cient quantity for the whole length of the canal, is, in every point of 
 view, of the greatest moment. This was the main topic of my. report; 
 
 I must refer the reader to it for the details of computation. 1 intended 
 they should be fair and liberal—taking the acknowledged experience of 
 Erie Canal as the best guide. The “ Answer” calls for further eluci¬ 
 dation of the subject. 
 
 Professor Renwick computed the discharge in a year from the lake at 
 54 millions of cubic yards. This for seven months is about 31 millions. 
 He also stated that in September, 1822, he found the lake had fallen five 
 feet below the top of the old dam, which is ten feet below the top of the 
 new one. That in September, 1823, it had fallen three feet below the 
 
tpp of the old dam; equal to eight feet below the top of tbe present dam. 
 And Ihave been informed by the inhabitants, that they have known it 
 fall so much that the forge at the outlet could not work. 
 
 . That the lake is subject iu our hot summers to get very low, is 
 a fact corroborated by my own observation this summer, which has been 
 unusually wet; for 1 found the whole discharge in June to be but at : the 
 rate of 17 millions in seven months. And as the discharge in Septem¬ 
 ber, 1823, may be computed at 10 millions, the mean of these sums, 13, 
 may be the fair summer discharge. 
 
 To account also for this unexpected paucity, I entered at some length 
 in my report into the subject of reservoirs, to show, from European ex¬ 
 perience, that a moderate increase of’depth,, and a great extension of 
 surface, had in this instance wasted by evaporation more water than was 
 saved—if any could be saved with constant drawing. In Mr. Golden’s 
 “Answer” he revolts at this idea, and denies that the flowing is shallow, 
 or so little as a thousand acres. The president calls it, 1 believe, 3000; 
 I took my idea of it from Mr. Renwick’s report. 
 
 Gertaiu it is at the lower end of the lake, about a mile square was 
 originally meadow land. At the northeastern extremity there was 
 an extensive tract of low ground, perhaps three miles by one mile, not 
 more than two or three feet above the surface of the lake, as it first 
 flowed. This and various tracts of swamp, 1 am informed by an inha¬ 
 bitant, has been laid under water by the raising the new dam five feet 
 higher than the old one. Whether or not the flowing is shallow, which 
 Mr. Colden denies, the Board of Directors must settle in their own way 
 from this fact. 
 
 Having, on the one hand, no disposition to depreciate the value of the 
 lake nor the canal: so, on the other, I do not choose to be misrepre¬ 
 sented on this subject. Mr. Colden, page 27, asserts that I say in my 
 report, page 48, that the lake may be raised three, six, or nine feet more, 
 without much extension of surface; but what I said was “ probably the 
 lake has been raised just enough to cover, a foot or two deep, the ex¬ 
 tensive low gronnds up to the foot of the high lands, and might be^ raised 
 three, six, or nine feet more, without much extension of surface." This 
 might be early ascertained by running lines of level from the edge of the 
 water where such increase would affect property, and where the shores 
 are comparatively flat .Whether it would Jill might be determined by 
 measuring the inlets of water at the more copious seasons.” 
 
 In fact, it is very doubtful whether it would fill, because the surround¬ 
 ing hills are of very moderate height, and not to be compared, as he 
 says, with the highlands of the Hudson. It should be recollected that 
 the'surface of the lake is 900 feet above the sea; nor is there more 
 than one inward stream of magnitude enough for mills. I have since my 
 report been so informed, and that the lake cannot be raised without 
 overflowing the Hamburg turnpike, and more low ground. 
 
 Nevertheless, Mr. Colden insists “that Professor Renwick was right 
 in his estimate, that the supply from the lake, before it was raised by the 
 dam, would be three times what the canal would require, that, now when 
 the volume of water is so much increased by the dam, the lake will 
 afford much more than five times the quantity.” 
 
We. must reason from facts, when we have them, and not substitute 
 theories and assertions. It is obvious that Pi ofessor Renwick’s com¬ 
 putation was for the whole year; and surely the winter’s water that is 
 . past, has no more to do with the ensuing summer , than has the water of 
 five years past. Since that time we know, what Mr. Renwick did not 
 then know, the demand on Erie Canal. Had it then been known, I 
 doubt not he would have beeu governed by it, as a result characteristic 
 of our climate. 
 
 Besides the Musconetcong mill owners have never believed in the 
 company’s assurances, now reiterated, that “ Nothing can be more cer¬ 
 tain than that the water powers in the streams west of the summit will 
 be improved. That the lake will be a reservoir to supply them in the 
 dry seasons, and that they will receive more water from it than they ever 
 have done in those seasons.” 
 
 but what have they always answered ? The reservoir is for the canal 
 in dry seasons. How can it be for us too ? You must first prove that it 
 is enough lor the canal, and more than enough for it. Our supply must, 
 of course, be secondary to that of the canal! The mill owners on this 
 stream, several of whom I know have never been deceived or de¬ 
 ceived themselves in regard to the effect of the canal. And if they 
 had hoped the best results, the effect of stopping the discharge from 
 the lake, while the dam was building, would have, and did awaken, 
 their attention to the subject before mine was called to this investiga¬ 
 tion. They would be exceeding glad to have the company makegood 
 their assurances, as would the S u teiy. 
 
 Let us examine the probability ol it. Mr. Colden says, page 2o, 
 t! Circumstances have enabled us to ascertain, in the most satisfactory 
 manner, the sufficiency of the supply of water which will be afforded 
 by the Hopatcong lake since the dam at the outlet iias been raised.— 
 One of the gates of the lock at the dam became deranged in the course 
 of the last winter; it was desirable to draw off the waters of the b>ke 
 some feet, and as low as the old dam, to repair the lo< k. To ac .am- 
 plish this, the waste gate at the dam was hoisted early in June last, and 
 has since been kept open, except when it was occasionally shut for a 
 short time'to accommodate the forges and works below. Probably .it 
 was on one of these occasions that Mr. Sullivan found, as he says, all 
 thegates shut on the 16th of June last, when he measured the waters: 
 that is, He made his measurement after there had been a discharge from 
 the waste gate for about a fortnight.” 
 
 Is Mr. Colden willing then to sat that after the waste gate had been 
 open a fortnight, the discharge was reduced to hat 1 found it on the 
 16th of June? Indeed to still less; for the truth, was, that at the time I 
 was. there the mills belonging to the company were undergoing repairs, 
 and all the gates had been shut down for the accommodation of the 
 workmen for more than a week, as I understood. If the gate had just 
 been Shut down, the lake would have been rising; and continuing shut 
 .down, would have continued to rise. But I returned a week later—the 
 work was still going on,, the gates all continued shut down, and there was 
 . not half the water running over the dam as before. 1 remarked on it to 
 the gentleman having care of the place. 
 
, But I proceed with the “Circumstances." 
 
 “ But it may be assumed that the waste gate has been constantly open 
 as long as from the 1 st of July last. The gate was raised 22 inches; its 
 horizontal length is three feet, and from the bottom of the waste gate to 
 the top of the dam is 10 feet. It was expected that this would draw off 
 the wafer as much as was required; but on the 31st July it was found 
 that the lake was not perceptibly lowered. On that day one of the pad¬ 
 dle or valve gales of the lock was opened, and from that time to the 
 15th of August, the water was discharged, both from the waste gate and 
 one of the valve gates, but the water in the lake was not found to be re¬ 
 duced more than ten inches at the last mentioned date. 
 
 . <l The other paddle gate was then opened, and both paddle gates and 
 the waste gate were kept constantly open until the 19th of September, 
 when it was found that the water bad fallen only three feel eight inches. 
 
 “ Each paddle gate is 20 inches high by 22 inches wide, and the top 
 of the gate is 14 feet from the top of the dam. 
 
 “Notwithstanding this immense discharge for so long a time, the 
 water, on the 19th of September last, stood in the lake six feet four 
 inches above top water in the canal, or ten feet ten inches above canal 
 bottom.” 
 
 “ These facts I state from a letter of the chief engineer. Major Beach, 
 written by him in answer to a letter requesting correct information on 
 this subject, and they are corroborated by the certificates of several per¬ 
 sons who have had an opportunity of being acquainted with them.” 
 
 Page 27. “ When it is seen that such constant and copious discharges 
 in the dryest season affect the waters in the lake so inconsiderably, and 
 leave such a superabundance, can it be doubted but that Professor Ren- 
 wick was right in his estimate, that the supply from the lake, before it 
 was raised by the dam, would be three times what the canal would re¬ 
 quire, or that now, when the volume of water is so much increased by 
 the dam, the lake will afford much more than five times the necessary 
 quantity. Mr. Snllivan’s representations, therefore, that the canal will 
 interfere with the Paterson works, are either pretended or chimerical. 
 And his attempt to alarm the mill owners in the Musconctcong, are as 
 groundless as they are malicious and mischievous. Nothing can be 
 more certain than that the water powers in the streams west of the sum¬ 
 mit level will he improved; that the lake will be a reservoir to supply 
 ’them in the dry seasons, and that they will receive more wafer from it 
 than they ever have done in those seasons.” 
 
 These quotations are thus given at full length, as my readers may. not 
 have [all of them] Mr. Colden’s answer to my report at hand.' 
 
 The question might be asked, which is the most “ mischievous” thing, 
 to demonstrate the fact, that the lake water is not sufficient for Morris 
 Canal, even if taken wholly from the mill owners; or, to deprive them 
 of their water power without means of compensation ? If to speak the 
 plain truth belonging to the investigation be “ malicious,” I must e’en 
 bear the imputation—which, indeed, carries its own contradiction. If 
 the company mean to do justice, when its measure is ascertained, it is 
 nq.injury to them to say, what all know, that those claims are not set¬ 
 tled; It would have been malicious or ungenerous on my part, towards ' 
 
19 
 
 the mill owners, to lend myself, incidentally, to premeditated injustice 
 by hiding any fact interesting to them to know, lest it should displease 
 the President of Morris Canal. Besides, who are the mill owners, that 
 I should awaken their alarm? They are lawyers, merchants, manufac¬ 
 turers, and other people of the first intelligence. Do they need to be 
 told their rights ? They have not been asleep, but awake, to their inte¬ 
 rests from the beginning of this enterprise. 
 
 Let us however proceed to examine the value of the important 
 “ Circumstances” with which the President of the Company and its en¬ 
 gineer have furnished us; and on which the former (the latter being too 
 prudent) now founds and asserts the five fold sufficiency of the lake, to 
 prove that my representations of danger to the Society have been “ pre¬ 
 tended or chimerical.” 
 
 I will first remark, as a “ circumstance” not material, though striking, 
 that 1 was at the lake (in company with Mr. Freeman) on the 2d of last 
 September; that the waste gate was not then open, but the two paddle 
 gates were. This was the second day of a very heavy rain. ’ We found 
 the surface of the water reduced below the top of the dam two feet five 
 inches. On my way up, hearing that the pond had been drawing down 
 for three weeks past, I was curious to know how large an opening, and 
 under what head it had been reduced so much below the dam, and there¬ 
 fore measured the depth of water in the lock at the paddle gates; and 
 their size. The depth in the lock was 12 feet; from this 1 deduct 12 
 inches for the sill of the great gale in which |the paddle gate is placed; 
 two inches for the space below it, and 10 inches to the centre of open¬ 
 ing, makes the head 10 feet. The area of opening, deducting for the 
 thickness of the pivot gate two inches, is 20 by 20 inches, or _/2.80. 
 The volicity of the water under that head, by the established rule, is 
 /25.35, less T y 5 ths for contraction, and per second discharges 58. 
 cubic feet—both gates, 116.40. 
 
 You will please to remark that this discharge was drawing the pond 
 down; but suppose it could have sustained this discharge, how many 
 miles of the canal would it supply according to experience on Erie 
 Canal? Multiply 116.40. by 60, gives 6,984 feet per minute. This 
 divided by 158.75, gives 44 miles of canal, which these two gates would 
 have kept supplied, the same head continuing. 
 
 But Mr. Colden informs us the waste gate was also discharging. Let 
 us compute the length of canal which the “ immense discharge” of all 
 the gates would supply. 
 
 First. Let us examine what discharge left “no perceptible”.diminu¬ 
 tion after running all the month of July; for this may possibly be sup¬ 
 posed the mean of all the months of a favourable summer. This was 
 the waste gate alone: the dimensions and head of water are above 
 3 feet by 22 inches, gives an orifice of 5 feet 6 inches. The head of 
 water above its centre, 9 feet 1 inch, will afford a net velocity of /19.83. 
 per second, which is 109.07. cubic feet per second, and sufficient only 
 for 41i m iles of Morris Canal. 
 
 ■ On opening additionally one paddle gate for 15 days, the lake was 
 drawn down 10inches; and on opening.the second, it was reduced, it 
 seems, and is well attested, (only) 3/eet 8 inches. The reseboir then is 
 “chimerical.” 
 
20 
 
 We now compute, what quantity of water wag discharging when the 
 lake was thus reduced, and which would continue, to. reduce, it. still 
 more. 
 
 First., What head of water have we now at the waste gate? 9 feet, 
 less 3f. 8. is 5/. 4. The area of gate,,5/. 6. The net, velocity is 
 /15. 17.==per,sec,/83. 43 
 The area of the two paddle gates, ea. 2.80.=5.60. “ “ “ 84, 95 
 
 per second, 1.68, 38 
 
 What length of canal would this, quantity supply, could.it be con¬ 
 stant? 
 
 ' The plain answer is 63| miles. 
 
 There can then be no reservoir. The idea of making a reservoir of 
 the lake is chimerical .” 
 
 But Mr, Colden says Mr. Renwick’s computation was right. For the 
 whole, year it was 54 millions of cubic yards, which for seven months is 
 31 millions. How does he prove it right by any thing be has asserted? 
 Yet my calculation may tend to prove it both right and wrong; for as 
 168.38. cubic feet per second, amounts in 214 days to 115 millions, 306 
 thousand, 629 cubic yards, and is nearly four times as much as his com¬ 
 putation, it follows that the discharge from the lake, which would sustain 
 63| miles, ought, according to Mr. Renwick, to draw the reservoir lake 
 dozen; and, therefore, he was right in not making his estimate greater— 
 hut wrong in the estimate of its sufficiency for the canal, because three 
 times as much sustains but a less number of miles. 
 
 Now, as the preceding calculation of the discharge from the lake is 
 founded on Mr. Colden’s vaunted premises, and without any deduction 
 for the Musconetcong mills, the people there would be glad to see how 
 he will answer the question, How those mill owners are to have more 
 water power than ever ? Since he deprives them of the whole, and 
 since ’tis evident there can be no reservoir, they must think the presi¬ 
 dent of the canal means to add derision to injury. 
 
 It is also stated, that on leaving off the attempt to draw down the lake 
 any lower, there still remained a depth of six feet four inches above top 
 water in the canal. It is not, however, mentioned, that this depth is - 
 owing to the situation of the new dam in the low space behind the old 
 one: nor, that between the dam and the natural outlet of the lake, was 
 a meadow of a mile in extent nearly ; so that the water would very, soon 
 have had to take its old, natural, serpentine, shallow course. I think.it 
 was a great fault, not to have made a deep, straight channel from some 
 little distance within the lake down to the lock. It is now too late. 
 
 It is also remarkable, that while asking such information of the chief 
 engineer, the president did not also ask this plain computation of quan¬ 
 tity. I have no doubt, as civil engineering is an art founded in the ex¬ 
 act sciences, Major Beach would have given the same results. 
 
 It will be evident to every competent mind, that I did not exaggerate 
 the requisition of water for canal?; nor misrepresent Mr. Renwick’s; 
 meaning in his computation, as is intimated iu the “ Answer;” pages 24, 
 25, &c. . , 
 
 His plan of computing the water, in reference to the supply of the 
 
canal,, was not that, which ascertains, the minimum, hut the maximum. 
 Professor Renwick’srepprt was,, it is, true, dated, the 5th October, 1^23. 
 But he. is, not explicit as to date of operation, nor need to have been, pn 
 his plan. Page 6, He says,, “ To: ascertain, the quantity of wateR Wat 
 “passes at this, point,, (on-Muscoiictcong; River about a rpilq below,its 
 “riseinLake Hopatcoug,) the whole of which might, if needed,,be 
 “ made disposable, the several gates of the work were measured with the 
 “head, of water pressing upon each of them, andtAe number ofhours per 
 “day, and days per year, for which they are opened, ascertained from 
 “ the best authority.” And his calculation resulted in giving 5.4 mil¬ 
 lions of cubic yards as the discharge in twelve months. . 
 
 He also said, “ It was found that, in addition to the water actually? emr 
 “ ployed in the works, or discharged hy the waste gates, there, was a 
 “ considerable leakage constantly going on through the dam; it was. also 
 “represented to me, that, .for six weeks in the spring, at the time of the 
 “melting of the snows, the waste was muphgreatertbanindicated,in‘ 
 “ the calculation.” 
 
 Now it is self-evident that Mr. Renwick did not mean to say^that the 
 freshets of the spring, nor the water which passed in the winter months, 
 was applicable to the canal, for this would have been absurd; hut,“ that 
 , “ the supply will far exceed any demand that the canal can ever, have. 
 “ upon it.” This he satisfied himself of by calculations, which later 
 experience has shown to have been without due allowance for our cli¬ 
 mate on canals and reservoirs. 
 
 Mr. Renwick, in the same report, mentions the diminution of the. lake 
 water two successive summers, 1822 and ’23, but does not qualify his 
 computation of the discharge accordingly. He did not show the .mini¬ 
 mum discharge in September expressly. Nor was it to be inferred from, 
 hjs table of gates. 
 
 But he now says in his letter of the 3d October, 1828, given in, the 
 appendix of the “ Answer”—“ The number of hours and days,in,the. 
 “year in which the gates were opened, was obtained from the.proprie- 
 “ tor of the works, a gentleman of much intelligence and unquestionable, 
 “accuracy.” The sum of 54 millions of cubic yards, therefore, exhi¬ 
 bits the whole quantity that passes the gates in a twelvemonth. . 
 
 “ But from it may, at the same time, be gained the daily supply , at. 
 “ seasons of the greatest drought, for, with the exception of gate No,. .3, 
 “ all the others were in daily use, even in the month of September, 1822-.. 
 
 Let us now try it by this rule, and on this estimation. Gate, N&,.3. 
 was estimated at 19,384,242, which, deducted from 54,021,991., leaves. 
 34,637,749 for the year. Now, unquestionably, Mr. .Renwick will air 
 low me to deduct T \ths from this sum, supposing the canal to.operate , 
 seven months, which leaves 20,205,353 cubic yards lor. the minimum,. 
 Then, as Mr. Renwick computed, the requisite quantity for the canal 
 then expected to be 76 miles in length, at 17,034,227, he now very con¬ 
 sistently says in his late letter, “ With proper care in the construction. 
 “ of,the canal, I am satisfied, that it will be found sufficient.” 
 
 Mr. Colden’s illiberality at page 25, is thus answered hy Mr, Ren¬ 
 wick himself. . 
 
 And I maintain, from my own remarks, and the experience on reser- 
 
voirs in Europe, and the known results of experiment, that it will not be! 
 found of any material advantage to have raised, and, at the same time, 
 spread the lake. Therefore, it was not from want of candour that I 
 omitted to mention, that his computations were made before the dam 
 was raised, for Mr. Colden has himself failed to prove, that it was raised 
 to any good purpose; and it is my belief, that the plan of proceeding 
 was wrong in principle, and that no European engineer, having oppor¬ 
 tunity of observation on reservoirs, would have ventured to spread so 
 much, so small a quantity of water as is discharged. 
 
 There are, indeed, hills along the sides of the lake:—but no more to 
 he compared with the bold scenery of the highlands, as he says, than the 
 3000 acres of swamp already flowered, are in depth to Ontario. 
 
 Page 25. of the answer—“ Can Mr. Sullivan flatter himself that the* 
 “company or the public will place more confidence in his opinion than 
 “ the Legislature of New-Jersey ? and the company have, in those dis- 
 “ tibguisned men above named, under whose auspices the charter was 
 “granted, and more than 750,000 dollars has been expended on the 
 “ work,’* &c. 
 
 The reply to this is, that the sum expended may have been wasted; 
 and I have good reason to expect, without any self-flattery, that the pub¬ 
 lic will have confidence in later results of experience in canaMing, than 
 were known to those distinguished men; and that the stockholders will 
 not shut their eyes, as Mr. Colden does, to the light of the truth: and 
 that the legislature will advert to the report on which the charter was 
 granted. 
 
 But to show the public that I am not alone in opinion against what 
 that of those gentlemen was, but not against them, now that the con¬ 
 sumption of water on Erie is known, in this hot and dry clinic, I shall 
 ask permission to give a letter on this subject, (see appendix,) from an¬ 
 other officer in the United States corps of engineers. His opinion is 
 equal in weight to that of those distinguished men, and confirms mine. 
 
 Mr. Colden will not doubt now, that 1 am serious, in my belief that the 
 canal,- if it is to be supplied from the waters of the Passaic, will interfere 
 fatally with the-manufactories of Paterson. ; .. 
 
 Our climate is peculiarly liable to hot summers and long droughts. 
 The diminution of our rivers at that season, from one extremity of our 
 country to the other, is often a distressing cause of interruption of na¬ 
 vigation and of mills. There is no part of Europe so unfavourable to 
 canals, for this reason, as the United States—none, where the supply of 
 water will be so precarious. It was the wide spread branches, the 
 ponds and valleys, where reservoirs might be made, that recommended 
 the Passaic, more than its sometimes great volume of' water, and as 
 much as the elevation of its falls. 
 
 1 am also the more serious and confirmed in my opinion, from what 
 Mr. Colden has stated, that the manufactories of Paterson can spare no 
 water to the canal. By measuring, in August and September, after a 
 spell of warm and dry weather this summer, the whole of what passed 
 the falls, and what was led to the factories, I am convinced that the 
 whole would not have supported more than 40 miles of Morris Canal. 
 
The distance from Dover to Newark is 44 miles. If the pretensions of 
 the Morris Canal Company are sustained in law, the manufactories of 
 Paterson will be destroyed. 
 
 Having thus shown one of the reasons why the Morris Canal Com¬ 
 pany have laid a plan of encroachment on the waters of the Passaic, 
 notwithstanding their affected confidence of possessing in the lake a source 
 five-fold sufficient, 1 have now to present their other reason. 
 
 In 1826, the same Mr. M'Cullock, who had, in 1823, officiated as pre¬ 
 sident of the State’6 Commissioners, being now a director, was president 
 of a canal commission ; and as he made, in this capacity, the annual re¬ 
 port, usually made by the president of the company, I did, in quoting 
 from it, call him so, it is true, and committed this great mistake. But 
 nol, as Mr. Colden says, (page 18.) “ to show that the President of the 
 Company has recommended that the company should, in violation of 
 their charter, use the surplus waters of the canal for milling purposes 
 blit that it was the settled scheme, and plan, and purpose of the company 
 to do so, intending to obtain an alteration in the law, perhaps, to that 
 end. This I shall prove, as far as official declarations and coincidences 
 are evidence. 
 
 To cast some obloquy, Mr. Colden says, that I must have known that 
 Mr. M'Cullock’s printed report, as the officer qualified and appointed to 
 make it, had, after printing, been disapproved and suppressed. The first 
 intimation of this uncommon occurrence, comes to me now for the first 
 time from his letter. Nor did he himself know of the occurrence till 
 he made inquiry, it seems. The pamphlet I used, came to my hands from 
 the officers of the society, with various others; and so far from being 
 suppressed, I find myself in possession of four copies, and have seen the 
 same edition in the hands of several persons at Trenton and at Bruns¬ 
 wick ; and my inquiries now for one of the New-York edition have not 
 been successful, and I am not even able, for the want of i t, to decide how 
 much was intended to have been suppressed. 
 
 The circumstance of its being printed at Morristown, where Mr. 
 M‘Cullock resides, was so natural, that to have imagined that an annual 
 report had been first printed, and then suppressed, could have sprung only 
 from a degree of suspicion utterly at variance with my. character, and 
 contrary to the experience of twenty years in business with corporate 
 bodies. Nor could I have imagined, that one from the frank and fair 
 mind of Mr. M'Cullock, would have needed to be suppressed by an 
 equally fair minded direction. Had both been before me, I should not 
 have been able to decide which was to be considered “ genuine.” I 
 should naturally have presumed that to be intended for circulation 
 which contained most information. 
 
 If is now said to have been suppressed. But as there may have been 
 ample time between the'printing, and the fear that it might unveil the 
 purposes of the company too far, Mr. M‘Cullock, not expecting disap¬ 
 proval, might have circulated them a little around him, in the country, 
 a few hundred copies perhaps. It is justifiable, therefore, to consider it 
 not suppressed, but asintended to have been, loo late. More especially, 
 as the reason Mii Colden gives for it, is loo delicate and sentimental for 
 this corporate body to have felt.—“ That these passages gave the appear- 
 
24 
 
 anise of the company’s beingdissatisfied with the charter, and their be* 
 ing desirous of having further privileges than those Which had been 
 granted to them.” 
 
 ' To weigh, justly, the force of this reason—this respect torappearan- 
 Cm in the eyes of the legislature—this apprehension lest that body should 
 think the company dissatisfied, whom to satisfy they had done so much, 
 or desirous of more privileges, which, however unreasonable, is not cri* 
 nfinal, nor even prejudicial, as all are supposed to desire all that the 
 "wisdom of that body will grant, it is necessary to see to what it applied, 
 and what the meaning of the officer was who made the report, and who, 
 understanding the views of the company, spoke what he believed to be 
 acceptable to'them, and in accordance with their viewsfor, if his tes- 
 timony to those views, as to taking the Passaic waters, is corroborated 
 'by the presenipretensions of the company to the waters of the Passaic, 
 expressed by their presen t presiding officer, and by the actual construc¬ 
 tion of the canal in such manner as to accord with those views and with 
 those.pretensions, then it follows, that it was of no consequence whether 
 the report' was, or was not suppressed, as the doings of the company 
 speak louder and more clearly than words ; and as they must find them¬ 
 selves in the dilemtna of confessing either the insufficiency of the lake 
 ■waters,. and therefore, their encroachment on the Passaic waters; or 
 that they encroach thereon either unnecessarily, or to use the water for 
 milling purposes, when they shall have satisfied the legislature that they 
 have a surplus so derived actually to use. 
 
 As the Morris Canal Company act inconsistently ,—declaring that they 
 have z fivefold sufficiency in the lake supply, yet with no authority in 
 their law, break in upon the rights of another corporation, and, at all 
 events, expose themselves to claims for needless and great damages, 
 and give no reason for it better than that just quoted, which is none at 
 all, we must seek the explanation which they themselves inadvertently, 
 incidentally, and, therefore, unequivocally give. Such men as Mr. 
 ■M'Ciillock do not speak without a meaning. Let us hear what he says. 
 His report is on every branch of the company’s interest, and manifests 
 the great reliance it had in his capacity. 
 
 "To arrive'regularly at that object, I must remind you, that at 
 page 27 of my report .on your concerns, it appeared to me tenable and 
 correct to say, that the procuring Green Pond to be inadvertently given 
 from the society to the company, was the beginning of a system .of en* 
 croachmeot; and “ that every branch of the Passaic might thus in suc¬ 
 cession be made tributary to the Morris Canal, and an immense mill- 
 power be usurped from the waters of the society,” and that “ this suppo¬ 
 sition is, indeed, rendered historical intention, by the first annual re¬ 
 port of the presiding officer of the company, Mr. M'Cullock.” His 
 not being president of the company, but of the commission, does-not 
 lessen the force of his testimony. In a court of law, his evidence Would 
 be as unexceptionable as Mr. Colden’s own. 
 
 It may be inferred, from the following passage of Mr. M'Cullock’s re¬ 
 port,-which may or may not have been amongst the intended suppressed 
 passages, that some doubts had arisen amongst the stockholders, whether 
 'the Idee would actually supply the canal ? It also relates to the ground 
 
.25 
 
 at its terminations. It bad been a question, it seems, whether the ca¬ 
 nal should enter the tide at Newark or at Elizabethtown? When this 
 conspicuous officer observes, (16.) “the question, under all circum¬ 
 stances, perhaps, ought to hinge upon the influence which either, town 
 may acquire in our deliberations, by holding a large proportion of stock, 
 or by transferring a liberal tract of land at a moderate price.. It is high 
 time that some final step be taken. The navigation from New-York (o 
 Dover should commence at latest within a year,” &c. This quotation 
 is merely to show how high, in the council of affairs, this gentleman 
 was, and the design, even then, in the company, to use the Passaic waters 
 from Dover, before the-lake waters could be got there to he, put.in. 
 The. following quotations, preparatory of another topic, show how little 
 'Mri Colden’s accuracy can be relied on. He seems to have appro¬ 
 priated what I said of Mr.,M‘CulIock to himself, as presiding officer:— 
 Page 18. .“ The object of Mr. Sullivan is to show that the President 
 of the Company has recommended that the company should, in violation 
 of their charter, use the surplus waters of the canal for milling purposes. 
 It will be seen in the sequel, that neither the president, nor Mr. M‘CqI- 
 lock, or any other member of the company, ever made any such sug¬ 
 gestion.” ' 
 
 .' In refutation of thisprctence, I claim the right to quote Mr. M'Cul- 
 lock himself—Report, page 17 : “ We have made.for 15,000 dollars a 
 most valuable acquisition of lands at Brooklyn, being the ground covered 
 by the lake, with iOO acres of dry land, including forges, mills, farm, 
 and wood land. This purchase gives entire control over all the opera¬ 
 tions of the summit level, besides affording a manufacturing seat of the, 
 highest value. In addition to this most valuable acquisition, the-rooter 
 power created by the company, both at its inclined planes and upon situa¬ 
 tions where an unlimited command of surplus water is obtained, are such, 
 that in 20 years they may equal the revenue of the canal itself.” • 
 
 What does the reader think now of Mr. Colden’s accuracy ? What of 
 the project of the company, on reading the following paragraph from 
 page 17 again? “For want of rendering a superintendence over this 
 “ species of property the duty of some particular officer of the company, 
 “ it is reduced to a situation of some difficulty. We have located our in- 
 “ cliried planes without attempting to secure the ground whereon the mill 
 “ seats must be erected ; We have led our canal over grounds of the most 
 
 “ expensive character, blasting rocks and, rearing aqueducts with no visi- 
 “ ble object but to form a chain of the finest water powers in New-Jersey; 
 “yet, with such important objects in full view, it is hardly credible that 
 “ not a step has been taken to purchase the land, without which the.whole 
 “ operation becomes worthless. We have.erected at our own expense a 
 “chain of several hundred mill seats, forgetting that the only soil on which 
 “ these establishments can be reared, remains yet to be purchased.. At 
 “ the time when our charter was granted, some misapprehensions hindered 
 “ the company from obtaining a right to lands of, this description ; apd 
 “ while the water belongs to the company, the soil on which.it can bfe 
 “ used remains in the hands of proprietors to whom it is worthless. ;Thus 
 “the State foregoes a vast accession to its manufacturing riche?, the.com- 
 “ pany cannot avail itself of a property which it has created, and the pro- 
 
! 
 
 11 prietors.are deprived of the benefit accruing to their farms by the erec- | 
 
 “ tioh' of manufacturing villages. Some attempt ought to be. made under ( 
 
 “ the triist clause of our charter to arrange this business with the land- 
 “ HbldbrsUpph a liberal basis; but should they extort and avail themselves 
 “ Of the vantage position in which they have been inadvertently placed, ! 
 
 “ fheivil My be remedied by applying to the legislature for leave to tak'p, ; 
 
 “ at'a fair Valuation, a narrow strip of ground at the indicated places.” j 
 
 Can any one believe, however politic the suppression of this passage, ; 
 had it bedn timely suppressed, that this was not the sentiment and pur- ! 
 ppse of the directors and the company to obtain leave to use what they 
 tail their surplus waters for milling and manufacturing purposes, and j 
 that the company encountered great unnecessary expense to lead the i 
 cabal to elevated positions where they might not only erect their, in- : 
 clined planes, but create water power ? If any should doubt it on ac- j 
 t'Ount of the insufficiency of water from the lake, such doubts will ; 
 vanish on reading another quotation from the same annual report, page-; 
 4and 5—Mr. M‘Cullock says, 
 
 “ 1 shall now solicit your attention to many topics worthy of notice. 
 
 “ A fails'O‘impression has arisen that the supply of water would be insuffi- 
 “ cient for-oiir canal. The following statement must suffice to remove 
 ’ “the fears of the most timid. Lake Hopatcong discharges itself through 
 “ ga|es of fixed dimensions, and therefore its annual issue is capable of 
 “ being ascertained with as much certainly and precision as a hogshead 
 “ bail be gauged. From a series of observations made by himself and the 
 “proprietor, Professor Renwick calculated the annual passage.to be 55 
 “ millions of cubic yards of water—being above four times. the quantity 
 “ desired for the whole line from the Delaware to the Passaic. N?r is 
 “ this all. The Green Pond could easily be made to reserve a large siip- 
 “ply, which pond, as well as Rockaway River, act as feeders, and upon 
 “ both tlie eastern and western section, numerous tributary rivulets con- 
 “ tribute to the line. 0$- All fears then of a scarcity of water must ori- 
 “ ginate in want of information as to these points.” 
 
 Rocakaway River is a principal branch of the Passaic. It is plain l 
 that Mr. M'Cullock did notin this passage expect to announce any thing f 
 new to the Board of Directors, but aims to give an assurance to those i 
 who had entertained a false impression of the sufficiency of the lake f 
 waters And he informs them not only of the superabundance of this 
 source, but of the intention to use Green Pond, the Rockaway River, 
 and numerous tributary rivulets. 
 
 ' This being the same officer who, further on in his report, as already 1 
 quoted, describes the valuable sites for manufacturing villages created : 
 by leading the canal to elevated positions, which we know occur after jj 
 fakfrig out the'Passaic vyaters from the Rockaway at Dover, and. at | 
 Powefville, there can be no doubt of his meaning; and there can be no ! j 
 reason to suppose he was alone in these views, being of the board, and ? 
 as fnuch in thbir “ deliberations” on this as on other subjects Mr. Cob ’ 
 den hot being then in-office, cannot contradict.M.r. M'Culiock, who was k 
 in office and'confidence. ■ 1 > 
 
 It is clear, then, that in 1826 the Morris Canal Company had formed % 
 a settled plan, not openly avowed as yet. to take possession of the waters f 
 
27 
 
 of the rassaic first, at Dover, and at Powerville, near Bpontown, and 
 generally; for we findalso this language, “ an improvement-of Poinpton 
 “ river to Ramapo;,and of the Passaic to Chatham, are objects which a 
 ‘f few years may render subjects of serious deliberation. 1 ' 
 
 ■ Accordihgly feeders have been surveyed and located to those places 
 on the Poirtpton; and on'the upper Passaic. 
 
 Thus, notwithstanding the company has fouror five times as much 
 water from the lakc as their canal requires, as they assert, over and 
 above what the Musconetcong mills require, they appear very early to 
 have laid this deliberate jplan of diverting the waters of the Passaic away 
 from the manufactories at Paterson, and have actually constructed works 
 to this end. 
 
 For what purpose subjecting themselves to the consequences? We 
 have seen it already revealed, it may be inadvertently, but nof therefore 
 less truly, with a view to form sites for “ manufacturing villages.” 
 
 To confirm this design, we now find the company by their president, 
 not indeed acknowledging that purpose, but openly and strenuously 
 claiming to have more water than the canal requires,- and therefore de¬ 
 nying the validity of the Society's charier to protect the waters, on which 
 the usefulness of that charter depends; and notwithstanding he asserts 
 that the lake affords a five-fold sujjicieney. 
 
 What, then, is their meaning ? Why does the company, deficient in • 
 capital, and not denying the Society its rights as riparian owners, incur 
 and expose themselves to such an immense claim for damages ? What do 
 they intend to do with all this volume of surplus waters ? This question 
 is answered at once on looking at Mr. M'Cullock’s expose. They must 
 surely expect to derive from the'sale of water power at the sites of their 
 manufacturing villages, not only enough to pay for the ruin of Paterson, 
 but to make great profits Or, it may be, that they do not expect to 
 pay for these great injuries,' being entrenched behind the rampart of 
 their special and peculiar law. This covert, therefore, I must, by and 
 and by, reconnoitre. Certain it is, that if your charter were not in-the 
 way, (hinc lacrimce,) they would assuredly, under their law, take posses¬ 
 sion of all the head waters of the Passaic, as they have of the Musconet¬ 
 cong, and form perhaps as many manufacturing villages as there are (or 
 might be) inclined planes in 1700 feet rise.and fall—that is, besides locks 
 between the Delaware and the lake, 12; between the lake and Do¬ 
 ver, 5 ; between Dover and Paterson, 6 ; between that level and tide, 3. 
 Twenty-six manufacturing villages:! Magnificent! Magnanimous! This 
 then may possibly be the meaning of the assurance to the Musconetcong 
 and Pohatcong mill owners, that the milling power of their section of 
 country shall be increased ! 
 
 Mr. M‘Cullock is a man of too much good sense and intelligence to 
 be supposed to use language without meaning. I hope Mr. Colden, if 
 he has any doubts, will ask him what he meant, speaking as a director 
 to the whole board, by the words—“ Wehave led our canal over grounds 
 “ of the most expensive character, blasting rocks and rearing aqueducts, 
 “with no visible object but to forma chain of the finest water, powers', in 
 “ New-Jersey; yet, with such important objects in full view, it is hardly 
 “credible that not a step-has beentakento purchase the land, without 
 “ which the whole operation becomes worthless.” 
 
{.will, from what appears, venture a conjecture that he meant the 
 
 directors'had 4«come convinced that the canal, which it was necessary to 
 persevere in making to the.Delaware, in order to acquire a legal title to 
 their bank privilege, would not derive much resentie from the coot trade, 
 and that it would therefore be wise to create sites for mills, trusting to 
 the liberality of a future legislature, as be intimates, for a modifkation- 
 of the law to authorize mills. Or 1 will venture to think that he meant 
 that the.coinpany, having, by the systematic measurement of the waters 
 required and used by Erie Canal, made and published in 1824-5, dis¬ 
 covered that the lake would be insufficient, came to the. resolution to 
 break in on the waters of the Passaic, and thus not only secure enough 
 forthe : canal eastward,but a surplus for mills and manufactories; and 
 thus liberating the lake from supplying further east than Dover, devote its 
 waters to the supply of the western section, &c. 
 
 There .can be no doubt the company is now acting in entire consistency 
 with the scheme of aggrandizement formed in 1826, in claiming and pre¬ 
 tending, as the president does, that the Society has no right whatever to 
 th ytaters of the Passaic under yottr charter. 
 
 I must now ask leave, though not in the profession of law, and far 
 from competent to do the subject justice, to endeavour to fathom the 
 . depth of Mr. Colden’s meaning in the following passages of his “An¬ 
 swer”—pages 11 and 12. 
 
 “ But this is one of the principal ostensible objects of Mr. Sullivan’s 
 “ pamphlet, that is to persuade the manufacturing Society that it has 
 “ under its charter a right, not only to all the waters of the Passaic, but 
 “to all the waters of the Ramapaugh,.the Pompton, the Rockaway, and 
 “ every other river and stream which runs to the Passaic.” 
 
 Is it not perfectly absurd to say, that 1 aimed to persuade you of that 
 which, unless you had been persuaded of, there could have been no oc¬ 
 casion for my services ? 
 
 This passage has however a hidden, purpose. He would have it. sup¬ 
 posed that your.resistance to these encroachments are hut now beginning. 
 He would convey the impression that you have thus far acquiesced in 
 their aggressions. And that your claim to these waters may seem to 
 those not familiar with their situation, as not belonging to the stream on 
 which'the manufactories depend ; but-be it known these are the princi¬ 
 pal branches of the Passaic which come in above the great falls. 
 
 He needs not to be rcminded.of your earnest opposition and resist¬ 
 ance to the encroachments of the Morris Canal Company, step by step, 
 as they have advanced, and that you have delayed your application to 
 the governor for an injunction against them, only in accordance with 
 advice of your counsel, (Mr. Wall, Mr. Wood, and others*) till their in¬ 
 tention’ should be undeniable, and ; manifest in plan, purpose, and effect.. 
 • To yourdetters and remonstrances against this scheme of aggrandize¬ 
 ment, at.the. expense of the town and manufactories .of Paterson, they 
 have - OBly answered, with an evasion insulting to common sense, We 
 shall briog you from our lake reservoir more water than we shall take 
 awayr. . Why not then use the surplus themselves? Why not pourit in 
 above tiie Dover pood, owned principally by one of the directors ? • They 
 
said likewise to the Musconetcong. mill owners, while cutting off, the 
 great source of their river, adding derision to injury, We assure you^we 
 shall increase the water in your streams! In comtnop life'we should 
 call this cajolery; but here, 1 presume, it mustbecalled Morris Canal 
 policy. . ■ • . v '-' r 1 " •’ '' iri 
 
 • Under this head too we must place the artifice of getting Green Pond 
 given them in the bill, that under pretence of taking it they‘might'take 
 the whole of . the Rockaway. But, let it not be forgotten, the bill in 
 granting Green Pond did not grant leave to take the Rockaway. If the 
 legislature conferred a right to the pond waters, the companymust lead 
 them to the.canal by a feeder, ten miles through the mountains. ' i •• 
 
 But the state cannot have constitutionally resumed -this pond -any 
 more than the whole grant appropriating the Passaic waters to the ma¬ 
 nufactories. 1 needuot refer Mr. Colden to,such cases as the Dartmouth 
 College, or the Saranac River grant-. • jin - - '! : ><_• -..if.! : 
 
 The intention of the Morris Canal Company is now, at length, openly 
 announced in their presiding officer’s letter', in the foilowing words- from 
 page 11, which follow the last quotation made: 
 
 “ l will not believe that the directors and members of the manufac- 
 “ turing Society, (if there be any such directors and members,j'will lis¬ 
 ten to so extravagant and absurd a proposition; for 1 undertake to 
 “ say that the manufacturing Society .has not under or .by virtue of - its 
 “ charter, a right to Use one drop of water from the Passaic,' or from-any 
 “ other source, for milling or manufacturing purposes. . 1 say: this with- 
 “out any fear of contradiction. It is not a matter.: of construction. 
 “ There is not one single word in the,whole act incorporating the Society, 
 “passed in 1791, or in the supplemental act of 1792; which gives the 
 “ right to use any water whatever for'manufacturing or milling purpbses. 
 “ And, therefore, there are no words as to the construction of which law- 
 “yers, as they often do, may differ.- 1 beg it to.be observed, that f do 
 “ not say the manufacturing Society has no right, to use the waters of 
 “ the Passaic for. milling or. manufacturing; or for any other: purpose; 
 “ 1 admit that if the company are the owners or possessors iof. lands-on 
 “the banksof the river, they have : the same tight, independent of any 
 “ charter; to use the waters of the .river, which'any other riparian owner 
 “has, or any individual would have; if he were the. owner of the sariie 
 “lands; but,. L repeat, thatunder or by virtue of their charter they can- 
 “ not claim to use a drop qf water for milling or: manufacturing pur- 
 
 That this broad and positive assertion may be proved, qr lhat, as he 
 says, “ this may be made evident in a few words,”i he- confidently ap¬ 
 peals to the 17th section of your charter, and after arguing aiidquoting 
 from it, most triumphantly refers to, and gives it entire in his appendix, 
 as your whole authority on the subject of .water; but .the truth, is; this 
 section relates to the water of the 1 navigable canals aforie, which you are 
 authorized to make, andthe rivers you,are authorized,to clear.' T : 'i> • 
 
 The President of the Morris Canal Company, then, in making-tif the 
 Board of Directors a serious official professional,.communication o'h r a 
 subject of law of great consequence to be correctly understood;roitAAof«fe 
 from them'the whole of the second section of your charter;'which:relates to 
 
with it. 
 
 . This might be harmless practice at the bar, where another attorney, 
 on the other side, might take up a book and show its fallacy ; but it is hot 
 fair, nor harmless, when practised on the public, where its impression 
 may be made on many minds before the antidote can reach them, if ever. 
 / will not believe, in my turn, that the Board of Directors could have 
 lent. themselves to this trick upon public credulity or confidence. It 
 is thus made more probable then, that they never saw the letter till in 
 print; if they had, 1 doubt not they would have suppressed this precious 
 document also.. Mr. Colden is thus in a dilemma again. He has the 
 choice of;one of its two horns: either he has misguided the board, or 
 the board has combined with him to misguide the public. 
 
 To leave no uncertainty as to the fact of the omission or commission, 
 
 I here give the Preamble, anjj the 1st and 2d sections of your Charter. 
 
 II An Act to incorporate the Contributors to the Society for Establishing 
 
 “ Useful Manufactures, and for the further Encouragement of said 
 
 “ Society. 
 
 "■And whereas it is represented to this Legislature, that a subscrip- 
 “ tion has been made for the purpose of introducing and establishing 
 “ useful manufactures, to.an amount which already exceeds two hundred 
 “thousand dollars. And whereas the State of New-Jersey, having 
 “ been deemed by the contributors tbe most suitable for carrying the 
 “ same into effect, the aid .of this Legislature has been requested in pro- 
 emotion of the views .of the said contributors. And whereas it appears 
 “ to this Legislature, that the granting such aid will be conducive to the 
 “ public interest.” 
 
 “ Stic. t.Bedt enacted. That all persons who have already sub- 
 “ scribed, .and who, according to the terms hereafter mentioned, shall 
 “ subscribe, for the purpose of establishing a company for carrying on 
 “ the business of manufactories in this state, their successors and as- 
 “ signs, shall be, and they are hereby incorporated by the name of the 
 “ Society, for the Establishment of Useful Manufactures. And by the 
 “ same name, they, and their successors and assigns, are hereby consti- 
 “ tuted, a body politic and corporate '"w, and shall be able and capa- 
 “ ble /to acquire, purchase, receive, have, hold, and enjoy, any lands, 
 “ tenements* hereditaments, goods, and chattels, of what kind or quality 
 “ soever, to an amount not exceeding four millions of dollars; and the 
 “ same, or any part thereof, to sell or demise, alien and dispose of, also 
 “ to sue. and be sued,” &c. 
 
 -“ Sec. 2., Be it enacted. That the original or capital stock of the said 
 “Society shall, nofexceed the sum of one million of dollars, to be em- 
 “ ployed in. manufacturing or making all such commodities or articles as 
 “shall not,be prohibited by law.; and to that end in purchasing such 
 “lands, tenements, >and hereditaments, and erecting thereupon such 
 “ buildings, ,and digging:and establishing such canals, and doing such 
 “other matters and"thing&iasshallibc,needful for carrying on amanu- 
 “'factoryor,manufactories of the said commodities or articles.” 
 
 .The 17th section confers the. power of “ effecting navigable canals 
 
*■ for the. purpose of transporting goods, wares, and merchandise, to aud 
 “ from some manufactory by them established, and also such parts of 
 “ such rivers and other waters as they may propose to open and clear.” 
 
 It was expedient that all the powers and privileges of the charter 
 should vest in the Society as soon as, and wherever the principal seat of, 
 the manufactories should: be, and that the town expected to rise around 
 these establishments should be governed by the usual regulations of 
 populous places. 
 
 The 26th section, therefore, provides for it in the words following: 
 
 “And whereas it is deemed important to the success of the under- 
 “ taking aforesaid, that provision shall be made for incorporating, with 
 “ the consent of the inhabitants, such district; not exceeding in extent 
 “ the number of acres contained within six miles square, as may become 
 “ the principal seat of the intended establishment.” 
 
 “ Be it further enacted by the authority aforesaid, That, at any time 
 “ after the directors of the said Society shall have made choice of a 
 “suitable place for the principal seat of their said manufactories, and 
 “ shall have certified the same to the governor of this state for the time 
 “ beiug, it shall be lawful for the said directors to advertise in cine or 
 “ more of the public gazettes printed in this state, and also by adver¬ 
 tisement affixed in the most public and notorious place within such 
 “ district, to give notice that it appears to them conducive to the interest 
 “ of the said Society, if agreeable to the inhabitants’of said district, that 
 “ the said inhabitants should be and become a body politic aud corpo- 
 “ rate ; and if within sixty days after such public notification, a majority 
 “ of the taxable inhabitants of the said district shall not express their 
 “ dissent from the incorporation of the said district in writing, signed by 
 “ their names, addressed and delivered to the governor of this state, it 
 “ shall be deemed and taken to be evidence of the assent of the said in- 
 “ habitants to be, and they shall therefore be created and become, a body 
 “corporate and politic, in deed and law, by the name and title of the 
 “Corporation of the Town of Paterson, to have perpetual succes¬ 
 sion, &c,” 
 
 Thus, taken in every point of view, the charter applies fully wherever 
 the Society certifies to the governor that it is their choice it shall be 
 considered as principally seated, and this choice having been certified, 
 and the consent of the inhabitants ascertained, the incorporation of the 
 town has been declared in due form under the seal of the State; thus 
 fulfilling and accomplishing its intention, and consecrating this noble 
 stream, the river Passaic, its branches and sources, to the most useful of 
 purposes. 
 
 The 28th section provides, “ That this act is to be deemed and taken 
 “ to be a public act, and as such to be taken notice of by all persons and 
 “ courts of justice whatever within this State.” 
 
 When the Morris Canal enterprise originated, they could not be igno¬ 
 rant of this public act, and were bound to respect it. 
 
 And the 37th section provides, “ That this act shall in all things be 
 “ construed in the most favourable manner for the said respective cor- 
 “porations, nor shall any non-user of the privileges hereby to the said 
 
“ corporations respectively granted, create any forfeiture of the same; 
 “ and notwithstanding the members of the said respective corporations 
 “ should, fail to meet, and hold their elections, as is hereby specified, the 
 “ said elections may be afterwards holden ; and may in such manner as 
 “ shall have .been prescribed, by the laws and ordinances of the said re- 
 “ spective corporations, and the officers for the time being shall continue 
 “ to hold and exercise their offices until others shall be duly elected to 
 “ succeed them at some subsequent meeting.” 
 
 Referring to the whole act, and appealing to the candour and good 
 sense of the Directors'of Morris Canal, I would ask whether it be rea¬ 
 sonable to suppose that an association of some of the most intelligent 
 men of our country, in the patriotic purpose of introducing and esta¬ 
 blishing useful manufactures,, thus cordially met by an enlightened and 
 equally patriotic legislature, would place their property in and under a 
 charier hot calculated to attain its end and aim securely and certainly ? 
 
 Mr. Golden, after quoting the 17th section at'full length, and reasoning 
 that the Society has no powers but what that confers, says (page 14) mart 
 peremptorily—“ No.w, it may be asked, where aiethe words in this char¬ 
 ter which gives the Society a right to take water from the Passaic , or 
 “ from any other source for manufacturing or milling purposes? It may 
 “ be very confidently answered, that the act of incorporation contains no 
 “ such words. That there may be .noi mistake upon this subject, every 
 “ part of the act, which has. any relation to, or which even mentions wa- 
 “ ters or streams, are printed, in the appendix.” 
 
 , But the 2 d section .is not printed in the appendix. Permit me to pene¬ 
 trate, if I can, his, meaning; for though lawyers, he says, will disagree 
 about the meaning of any word, as it is their province to cavil, if they can 
 condescend to it, yet men of common sense do not differ as to the im¬ 
 port of the names of things. 
 
 The Society’s act of incorporation confers a chartered privilege to 
 take effect wherever, on any river in New-Jersey, it should be found ex¬ 
 pedient to fix the principal seat of manufactories. To guide their choice, 
 the contributors of capital invited, by public notice, information of the' 
 local advantages occurring on the several principal streams; and the 
 communications they received were from all quarters, descriptive and 
 explanatory, thereof. . Those which described the Passaic, spoke par¬ 
 ticularly, of Green Pond as a place where a reservoir might be formed to 
 supply the excessive diminution of the rivers by evaporation in the sum¬ 
 mer season. It , was then computed as a recommendation of the pur¬ 
 chase of the privilege, at . the great falls of the Passaic, that above two 
 hundred water wheels might be driven. It was finally the persuasion 
 that this stream afforded ..both the greatest and surest supply of water 
 which, fixed the Society’s choice there. 
 
 The act, while this inquiry was going on, could not name this river or 
 any ,other specially, because the Society was to choose from among all 
 in the State. But it grants and assures all the privileges of ihe charter 
 to that place or, situation, where, having acquired the property by pur¬ 
 chase, the seat of the.manufactories should be fixed. The power to 
 choose designated;;the place which should be chosen; and the object of 
 
3.3 
 
 the choice being water power, it designated the stream chosen. Of 
 .course the moment this purchase was made the location of, the, princi¬ 
 pal-seat chosen,, and that choice notified to the governor,every provi¬ 
 sion. of the charter attached and belonged to the seat at the great falls of 
 the.Passaic, as much as if it had been designated by name in the act. 
 
 . Then, by the 2d section of the charter, where you had thuB. chosen 
 and .fixed the seat of the manufactories contemplated, the .chatter con¬ 
 fers the express right to dig and establish such canals, and do such other 
 matters and things as shall be needful for carrying on a manufactory or 
 manufactories. 
 
 Now will Mr. Colden explain to the Board of Directors how he sup-' 
 poses these canals were to be filed with .water for this purpose, if not 
 from some stream.or river in the State! Perhaps, however, I. have all 
 my life,been under a mistake as to the meaning;of. the word canal! 
 Were he to define it, I presume, to be consistent, whatever he may think 
 it means at Dover, he must say, at Paterson it means a mere excavation 
 in earth or rock to be filled with air, to carry on some manufactory, to 
 which boats are to come buoyed up by this element. Arid I am the 
 more convinced he would give this definition; for oriWning to his an¬ 
 nual report of May 1, 1827, and 21st paragraph; 1 find he isays, “the 
 “ boats that fake coal from the Lehigh mines, will deliver it at the doors' 
 “ of the consumers in the city of New-York.” 
 
 Seriously, the impression which Mr. Colden wishes to make by pro¬ 
 nouncing, in an authoritive peremptory voice, the utter uselessness of a 
 charter solemnly granted by the state, (which, however.; adequate, is 
 no more than adequate to its object, truly a State object in its origimand 
 in its effects, whoever may own the stock,) might well be regarded as 
 harmless, or as not possibly affecting or influencing the tribunal to which 
 the Society is carrying the question'of the lawfulness of the Morris Ca¬ 
 nal Company’s pretensions; but, bis pamphlet has spread so widely this 
 his professional opinion, that it was and is useful, in a few words, to show 
 its fallacy, and that his mode of supporting it was by : the new. rule in 
 logic, omission. . 
 
 It may, therefore, be further mentioned, that it is a rule , in courts of 
 equity to construe the whole of an instrument, and as a whole, in order to 
 get its true import. This rule he surely knew; but, in addressing the 
 Board of Directors, did not consider them a judicious.'nor an equitable 
 body. . 
 
 But the people are to be considered so. There was a certain nseful 
 purpose to be attained and promoted. A good adaptation of means to 
 ends is ever the part of wisdom. The capitalists who were willing to 
 contribute money, and the legislators who were to make the law, were 
 in perfect accord and understanding on the subject. The former had 
 a well defined object, which the latter approbated, and wished to.en¬ 
 courage. They said, choose out the best place, ‘make your purchase, 
 and there the law shall give and apply every power and protection, 
 needful and proper, to a great and permanent seat of manufactories. 
 
 ■ Now what was more essential to that object than the permanent com¬ 
 mand of the water power in its full extent? All depended on this. Would 
 the contributors have felt safe? Would they haye, as prudent men, ac- 
 
34 
 
 cepled;and acted under a charter, which a future legislature might at 
 pleasure annul ? Or, by. some counter act, deprive them of their water 1 
 The durable application of the means to the end would have thus van¬ 
 ished. ‘The contributors would not have invested their money in a manu¬ 
 factory there, had the wafer power been then limited, or subject to limita¬ 
 tion, iu time or quantity, arbitrarily. The very spiritand essence of the 
 • contract between the Society and the State, was the implied guaranty 
 of the continuity of the natural water power. This was the vital prin¬ 
 ciple. . These capitalists would else hare gone to another State. This 
 principle was the sine qua non. Whatever else was given was by way 
 of encouragement, andpromotion of the object. It was a purpose in 
 which tlieStatemade common cause with those persons, and the per¬ 
 petual interest of the public in manufactories, made the charter necessa¬ 
 rily a perpetuity. It was, therefore, to this full extent, in the nature of 
 a contract. Wherefore no subsequent legislature can, nor can wish to, 
 destroy the work of the State, under this contract; for this would not 
 only be tyranny, but the worst possible policy. No legislative act then 
 can incidentally,any more than directly, divert away the water power of 
 the Passaic manufactories. The Morris Canal was enacted consistently 
 with existing laws. Your charter is a public law. Yonr water power 
 is the subject matter of that law. That power is the whole Water natu¬ 
 rally flowing at the great falls of the Passaic. The law did not limit the 
 Society’s canals, manufactories, or water power. No part then can be 
 taken or diverted away under a later law of the State, any more than the 
 whole. Nor aios this the intention of the legislature in 1824. The Mor¬ 
 ris CanalCompany appeals to the Slate’s Commissioners' 1 Report to prove 
 the adequacy- of Hopatcong Lake, as well as their sources of revenue. 
 The same reference you may also make to explain the meaning of the 
 legislature. That report, those surveys, the limitations of their act, are 
 public documents explanatory of that meaning. No mention is there 
 made of the Passaic waters, except specially limiting the company to so 
 much thereof, as may be led by an artificial feeder from a reservoir 
 formed by raising Green Pond, one of the sources of the Rockaway 
 branch. Had it been their intention to allow the Morris Canal Com¬ 
 pany to take the waters of the country generally, they would not have 
 designated those they should take iu any instance: reservoirs being in- 
 , cident to canalling. 
 
 It could not at that early period, 1791, have been supposed possible, 
 while the Delaware river should run, that a project so extraordinary as 
 a canal over Schoolers mountain to bring Lehigh coal to Ne'w-York, 
 would be undertaken. Nor is it conceivable that if any such interference 
 had been imaginable-, that the most explicit protection would, not have 
 been given. The legislature in doing so, would have not only protect¬ 
 ed the Society against such interference, but its own subscription to the 
 stock, for the state. Does it make any. difference with the people of 
 New-Jersey, or in principle, now that the state has exchanged its stock 
 for land ? . 
 
 • The early misfortunes of the manufactories, which caused that nego¬ 
 tiation and Change; also diminished the number of members of the So- 
 
35 
 
 ciety. Its prosperity, may again increase them; and will do so the mo¬ 
 ment (he Morris Canal invasion is repelled. ■ , 
 
 It may not be generally known, that the Society in ils carly opera- 
 lions, engaged largely in manufactories at Paterson,, and by causes 
 already mentioned, as well as by fire, lost no small amount. The mem¬ 
 bers were justly discouraged, and many sold out. The State also sold 
 thesh'ares which cost 10,000 dollars, to the present proprietors}; not at a 
 loss, but for 11,000 dollars, receiving payment in lands chosei): and ap¬ 
 praised by persons appointed by the legislature.. These lands are situa¬ 
 ted at and.near the town of Patterson; and arc now worth, I am infor¬ 
 med,. 25,000 dollars, in consequence of the present prosperity of the 
 manufactories.. But were they to be interrupted,.the cause of this aug¬ 
 menting value would cease and the lands fall back to the common, pried 
 of farming lands, and probably be worth five or six' thousand dollars 
 
 It is unquestionably owing to the judicious management of the present 
 proprietors and officers of the Society, that it was sustained through a 
 long period of had,times, and,on the earliest prospect of success, by the 
 application of funds, in building factories for the accommodation of skil¬ 
 ful, workmen, and joining in their operations, that the institution has, so 
 far, so remarkably fulfilled the inteulion of the legislature in these esta¬ 
 blishments, whose usefulness is unrivalled in any part of ilie United 
 States. The cotton, the iron the sailcloth manufactories, are all in great 
 perfection, and machinery for others is made here so excellent as to be 
 ordered from hence'to the Eastern States as well as the Southern. It 
 is impossible to conceive,of any plan of managing this institution better 
 to fulfil its purpose, and more usefully to employ the great water power 
 of the Passaic. If any body can suggest a better plan, you would,' Iam 
 sure, be glad to learn it. The legislature wisely limited your operations 
 in manufacturing to a certain capital, leaving the mode to your own dis¬ 
 cretion. This in effect restricted the investment to one place, and as 
 wisely allowing also an ample capital for the other purposes contem¬ 
 plated in the charter., . 
 
 To make navigable canals is your privilege, and not an imperious duty. 
 The lime, however, was near, when to open the natural navigation to 
 Chatham, Dover, and Pompton, from tide, would have been expedient 
 hut forties interference of the Morris Canal Company with tfie waler. 
 How. far westward your improvements might be pushed, would have de¬ 
 pended,on .the demand for accommodation and supply of this growing 
 manufacturing city. 
 
 .The natural outlet for the. products of the valley of the Musconetcong 
 is no doubt by that of the Delaware; but, as this route carries them a 
 circuit into Pennsylvania, it is probable that a rail-road over to tW val¬ 
 ley pf the Raritan to Brunswick in summer, and to Amboy or, Elizabeth¬ 
 town in winter, is the cheapest route to the New-York market; though 
 so. far as (lie Patersanmarkel may inyile, a connexion with a railway lead¬ 
 ing there may be desirable. The Morris Canal, if it were finished, does 
 not accommodate the numerous mills of the valley of the Musconetcong. 
 
 ■ Its course diverges to the north, and passes even on the northern side of 
 the valley of the Pohatcong, where no business originates. 
 
There are so many flour mills on the Musconetcong, that it will soon 
 become a very interesting inquiry, how this valuable part of the State 
 may most conveniently have access to the greatest of our markets. A 
 spirit of accommodation in all interests, will insure that of all. c 
 
 Notwithstanding the promise of more water than ever to them; it is 
 astonishing to me that the valuable privileges of that stream were so little 
 protectcdjby the Morris Canal act; for there is no comparison between' 
 ' the usefulness of mills to a district of country and a canal. If the pro¬ 
 ducts of the industry of a populous district had no outlet but 'bad roads, 
 and a canal could be made, it would be useful,- if not destructive of 
 the water power; but when this branch of industry and property, this 
 reliance of the people around, has been established half a century,'to 
 disturb it all to its very foundations, just to give passage by a canal to' 
 the coal from a mine external to the State, to a market also external to 
 the State, and for the benefit of an association of men who live princi¬ 
 pally out of the State, and whose property in the can'al is not New-Jer- 
 sey property, but stock any where elsie owned, nor their object the public 
 good, but their own emolument, it seems to be giving up a valuable cer¬ 
 tainty for an uncertainty. But if these disastrous consequences were 
 not to follow, it is clear that if there should be the least interference with 
 the Musconetcong mills by the deprivation of water, the Morris Canal 
 Company will not have fulfilled its part of the contract, and their law 
 ought to be annulled; for the act would not have been passed but for 
 the assurance given by the commissioners and engineers, that Lake Ho- 
 patcong could be formed into a reservoir, adequate to keeping up that 
 supply in the summer months, and that its discharge was more than suf¬ 
 ficient both for mills and canal. The Musconetcong mill owners, like 
 the original contributors to the funds of the Society, had never conceived 
 it possible that a canal could be projected over Schooley’s mountain, 
 and had not therefore applied for a charter to protect their property in 
 the water. They believed themselves protected by their mountain bar¬ 
 rier against New-York speculation. 
 
 Indeed as to the Passaic, public opinion was so settled on the sub¬ 
 ject of the vested rights, and the value to the State of the Paterson manu¬ 
 factories, that those who made the Morris Canal Report did not dare to 
 intimate the, most remote, design of taking any of their water for the pro¬ 
 posed canal, though its line, was to pass along by the stream: 
 
 The attempt now to fake it has the appearance a trick practised upon 
 the confidence of the legislature; and since the company has a delicate 
 sensibility (page 19) “ to the appearance of being dissatisfied with the 
 “charter, and .of being desirous of having further privileges than those 
 “ which had : been granted to them.” Mr. Golden will excuse me if I 
 should take the freedom of a courteous adversary to put him on his 
 guard, and in mind of these appearances. There is another appearance 
 to which I would call his candid attention —his ingenious attempt to 
 smooth'over the effects of the intended trespasses on the Passaic waters. 
 The shallow artifice of pretending to bring in as much water as would 
 he taken.out to feed their canal from Dover to Newark, 44 miles, viz. 
 about 68 millions of cubic yards in seven months, being exposed, he has 
 
recourse to the palliative.assurance, that very little or no damage would 
 be done thereby. At page 10, with this view, he.says—rt 
 
 “It must be borne in mind that all the waters which escape from the. 
 “ sides and bottom of the canal, will augment the waters of.the Passaic. 
 “ Professor Renwick calculates that-the annual expenditure on this ac- 
 “ count will be 3,300,000. cubic yards. General Bernard and Colonel 
 “ Totten estimate tire quantity which will be expended by filtration, at 
 “ 4,560,000 yards, very neariy half of all the water .winch, by their esti- 
 “mate, will be required for the whole canal. Mr. Sullivan takes much 
 “ pains to show that neither of these calculations,as to the water which 
 “ will be lost to the canal by leakage and filtration, every drop of which 
 “■will gointo the Passaic, are sufficiently large ; he thinks we should rely 
 “ on his superior science and experience, and believe that the quanlity 
 “ which will be lost to the canal by these means will be much greater. 
 “ And yet he insists we ought not to be allowed to take any water out of 
 “ the Passaic, not even any portion of that which we bring in, because 
 “ we may injure the mills at Paterson by the abstraction.” 
 
 My report not being addressed to the Morris Canal Company, but 
 to the Society, I cannot be rationally accused of expecting that they 
 would rely on my superior science, but that you would rely on my state¬ 
 ment of the experience of Erie Canal, and the calculations applying it to 
 Morris Canal. Indeed it would have had a better appearance, had they 
 admitted it, since all American engineers and canal companies now refer 
 to it and rely on it—except this one company, guided by superior in¬ 
 telligence in their presiding officer, to whom even the laws of nature 
 must bend. To explain:— 
 
 I had demonstrated in the report, page 42, that the lake and brooks 
 would not supply the demand of water on the summit and western sec¬ 
 tions, and that therefore the supply of the eastward sections would have 
 to depend on the water abstracted from the Rockaway and other 
 branches of the Passaic. But all this water, the 3 millions and the 4J 
 millions of cubic yards, allowed for filtration and leakage, commonly 
 considered as lost, will not, on this highly favoured canal, it seems, be 
 lost, but every drop thereof will find its way into the Passaic again. 
 
 This indeed has the appearance of beiug a great discovery, consider¬ 
 ing that the laws of evaporation and soakage must be suspended as to 
 this leakage water, wherever it may come from:—though apparently, 
 if the canal leaks, it must come in greater quantity from the Rockaway 
 branch of Passaic itself. 
 
 But what strikes me with the greatest admiration is, that as those al¬ 
 lowances are for the whole length of the canal, this leakage and filtration 
 will not only disobey the influences of the atmosphere, but resisting the 
 power of gravitation, will collect itself into marching order, every drop 
 of it, and ascending Schooley’s mountain, will pour itself into the Pas¬ 
 saic. This is no doubt the proper explanation of Mr. Golden’s canal 
 philosophy, by which the Passaic is to receive more than is abstracted; 
 Like the favour done to the Musconetccng owners, the more they lose 
 the more they are to get; and this might be literally true, though not of 
 water, had the company wherewithal to pay damages. 
 
 But seriously, if the Passaic is to get back all that is lost by filtration 
 
and leakage from the canal, can Mr. Colden devise some philosophical 
 theory by which it will get back what is lost by evaporation from the sur¬ 
 face of the canal, by lockage, and by being led away to tide at Newark? 
 
 Perhaps, however, he only meant by this exaggeration to pay me for 
 one of mine; for he says, page 23, “ Mr. Sullivan, ini his spirit of exag- 
 “ geration, speaks of the canal as nojv extended, as if the whole of it 
 “ must be supplied from the lake.” 
 
 But as 1 am not much in the habit of hyperbole on matters of ca- 
 nalling, I anxiously turned, to page 41 of the report to see if I hadmade 
 a mistake as to the length of the canal, but find 1 have correctly stated 
 the distance from the Delaware to Newark, by its route, to be 94 
 miles, as measured this year, exceeding a little the printed map. 
 
 The divisions of it are, (excepting fractions,) from the Delaware 
 
 to the Lake,.42 
 
 Thence to Dover, above ... 8 
 
 Thence to Paterson, .... 30 
 
 Thence to Newark, . ... . 14 
 
 Thence to Jersey, . . . . 12 
 
 106 
 
 Still Ac has to account for another exaggeration on his part. The 
 Society very properly remonstrated against any act of the legislature 
 which, in extending the canal to the tide on the Hudson, should by impli¬ 
 cation renew a charter abrogated by its own conditions; and this too is con¬ 
 sidered by Mr. Colden as filling the tide canal with Passaic water. What 
 is it that, whenever the idea of Jersey City and the canal.conjoin, so 
 disturbs the mind of this excellent gentleman ? I perceive, with some 
 suspicion of the cause, that he says, somewhere in his reports, that from 
 the first moment the project was announced, this place was deemed its 
 most proper termination!! 
 
 Self-defence is the sole motive of the Society in all the measures it 
 -has taken or will take. It is this motive that requires not only the vin¬ 
 dication of my report and myself, but your rights as a corporation. With 
 the same view I go a step further, and show that were you not protected 
 by your charter, the Morris Canal Company has no power, no property, 
 wherewith to remunerate you as riparian owners. 
 
 Their aggression is like the spirit in which their enterprise was con¬ 
 ceived—bold and reckless it braves not only the frowns of nature, but 
 the sure occurrence of rival State works—not even condescending 
 to conciliate the people along the route: but under pretence, proba¬ 
 bly, of example somewhere, notwithstanding the guards set in. some 
 other parts of the act, the people injured are in a manner disfranchised. 
 To be explicit: The act begins with a literal departure from the letter 
 and spirit of the constitution of New-Jersey. By the 22d section, the 
 'people have the right of trial by jury. This is declared to be as sacred 
 a right as liberty .of conscience, and as the annual elections. These 
 three rights are the pillars of civil liberty. Everyman in the State 
 would risk his life to defend the constitution. 
 
Instead of a jury of twelve good and competent men, three men arc 
 appointed appraisers, and to be in the pay of the company. They are 
 indeed appointed by the Justice of a Supreme Court, and are on oath; 
 but they are to be appointed when the engineer, under the orders of.the 
 company, shall have surveyed and made maps and descriptions of the 
 land and waters he deems necessary to the canal. He or any subordi¬ 
 nate person makes oath that they are necessary; then the justice is to 
 certify these surveys to be the surveys of and for the canal, and appoint 
 the appraisers. 
 
 ' What is the operation of this provision ? It is demonstrably most un¬ 
 just to the parties suffering damage. Should it not be perfectly conve- 
 venient and agreeable to the company to pay them, they may never be 
 paid. ' , / 
 
 The return of these surveys may be delayed unreasonably long, and 
 the appointment delayed. It is now four years since the work began— 
 Has there been one appraisement ? 
 
 Again, this return of surveys may be from time to time; no time within 
 which it shall be done is named. The first or the.second return may not 
 be complete. Possession and use is had however from the beginning. . 
 
 The book containing the surveys is to be deposited -in the county 
 clerk’s office, but no copy is prescribed to be furnished the claimant; 
 and no other surveyor can furnish the same evidence. If he makes a 
 copy from the Great Book, who is to certify it ? It is thus objectionable 
 evidence. Besides, if the engineer should have mistaken a Christian 
 name, or misspelt a surname, the evidence would not apply. The ap¬ 
 praisers being in the pay of the company, though under oath, may make 
 what they deem reasonable delays, and having no power over the engi¬ 
 neers, cannot call on them even to rectify a mistake that would be thus 
 fatal to a just claim. 
 
 But when are the appraisers to act? When either party requests. The 
 company cannot be expected to request it. The claimant then must, if 
 he would, obtain remuneration. The three appraisers live iij a different 
 county. He seeks them out, and makes his request. They may or may 
 not attend to it. Being in the pay of the company, they may at least 
 consult their employers’ convenience, not being bound in point of time. 
 At length they attend to the business of their appointment and appraise; 
 make their award; make the deed too in behalf of the owner; acknow¬ 
 ledge it too, instead of him. The company is bound to pay the award, 
 but no time is prescribed. It is- not provided that unless they pay the 
 award in thirty days, their charter shall be forfeited. They tender the 
 amount when they please. If the owner accepts it, well and good; if 
 not, the deed is put on record, the title vests in the company by Ike ap¬ 
 praisers' deed. The original owner now has his remedy at law ; and 
 what is that? 
 
 ■ He demands the amount of theaward, and is refused. He sues. How 
 does he support his action ? His whole evidence is the award; and that 
 is on the hands of the appraisers, and they may or may not. furnish it; 
 Or it is evidence in their bands against him, if he demands more than its 
 amount '; and yet it may be just to demand more than its. amount. . The 
 appraisers go by the survey. The survey is attested by any subordinate 
 
40 
 
 agent of the company—the whole testimony seems to be vested in this 
 unknown, but. now important personage. The survey may have been 
 accidentally erroneous; it may not have comprehended the whole of his 
 land, nor his water power as well as land. The owner may have refused 
 the award;because it was.partial, and yet there is no appeal. There is 
 indeed an after provision that permits aggrieved parties to sue, but .the 
 answer to them is, you have been dealt with according to our law —and 
 if you recover judgment, it can only be for the amount of the award. 
 Filially he may recover judgment to this amount, and takes out execution . 
 The company may now laugh at him; for on what can he levy to satisfy 
 the recovery. The land on which the canal is made, if acquired, he 
 cannot levy on, because, besides , that it is represented by the shares, 
 which are personal estate, it is a franchise. He cannot even levy on that 
 part of it which was his own land or mil taken from him, and for which 
 he.is now seekiug remuneration 1!! It has been vested in the company, 
 and transmuted from real to personal estate, out of reach of execution 
 for a claim thus the most just. The power seems to be all on one side, 
 arbitrarily exercised by this exemption from the established jurispru¬ 
 dence of our country. 
 
 What chance of justice could the Society have against the Morris Ca- 
 nal.'Company,.were it without protection by its charter. How easy it 
 would be for some person in their employ to think and swear that all the 
 waters of the Passaic are necessary to their plan of canal 1 And if ap¬ 
 praised, where is the lawful capitd to pay such damages ? The Morris 
 Canal act, being within reach of legislation, ought, in my belief, to be 
 wholly repealed, and remodelled on usual principles, and in express re¬ 
 ference to the State’s Commissioners’ Report. 
 
 It is an important question, Whether the Morris Canal act is still with¬ 
 in reach of legislation or not ? If it is not a corporate body, according to 
 law it is, and it.may become a serious question to individuals, Whether 
 the acts and doings under it, are not personal transactions? Whether the 
 directors, for example, who have borrowed, large suras, have not done 
 so as associates ? 
 
 The act provides, as an indispensable requisite to the corporate ex¬ 
 istence of the company, that the commissioners named in the bill, open 
 books of subscription, obtain a capital of one million, of dollars, and that 
 oneihundred thousand dollars thereof be paid down, at the.time of sub¬ 
 scribing, in good money, and that they shall deposit this sum in a bank 
 for safe keeping uptil the first Board of Directors shall have been cho¬ 
 sen, when they shall pay it over to them. And it is also provided, that 
 all this shall have been done on or before the I st of November, 1825, on 
 pain of losing their charter, expressly declared null and void if not 
 done. The intention, no doubt, was to assure an adequate capital and 
 prevent speculation. 
 
 Were these few and simple prerequisites to the corporate existence of 
 the company complied with ? This is the question 1 now propose briefly 
 to examine. Nor shall I need to adduce other testimony to the con¬ 
 trary, than what is furnished by a public document of their own. 
 
 In February, 1828, in consequence of incurring, debts, which a com¬ 
 pliance with the law would have rendered unnecessary, the company 
 
41 
 
 applied to the Legislature of New-Jersey for a loan of half a million of 
 dollars. 
 
 There is truly something ludicrous in pleading to the same body that 
 prescribed the preliminary steps, the neglect of them as a reason for in¬ 
 dulgence and more confidence. The petition states, “ that when the books 
 “of the subscription were opened according to the provisions of the 
 “ charter, more than seven millions were subscribed, of this more than 
 “ six millions were of course refused.” 
 
 Is it possible that Mr. Colden, in signing this petition as President 
 of the Morris'Canal Company, intended that the legislature should un¬ 
 derstand, and did he mean .to convey the impression, that seven millions 
 of dollars had actually been offered, and stood ready .to be invested and 
 embarked in the work! 7 For so it seems. 
 
 And if so, how unaccountably strange, and most strikingly discredita¬ 
 ble to the undertaking, this great falling off in faith in it to sucha degree, 
 that in the lapse of a few weeks,, out of six millions refused, there could 
 not be found, among all, men who would then be persuaded to take 
 one tenth part that sum to fill, up the vacancy in bona fide subscription! ■ 
 
 Again, “ the capital of one million was declared to be taken, and stock 
 “of the company was issued to that amount.” 
 
 How obvious is the inquiry, To whom was this important fact de¬ 
 clared, if not to those who had taken up the million of stock and paid in 
 10 per cent, thereof?. Were they not then called.together by the com¬ 
 missioners to choose their Board of Directors, that they' might pay Over 
 to them the 100,000 dollars? Who were the first board? From what 
 bank, where it was deposited, did they draw that sum ? And to whom did 
 they pay it ? But these natural questions are answered by the petition it¬ 
 self, which acknowledges the fact, which 1 might else prove, that the sub¬ 
 scription, though declared, was not legally filled, as will appear pre¬ 
 sently proven by confession. 
 
 The petition goes on to shy—“ But when inquiry was afterwards made 
 “ by the new direction, as to who were the holders of these shares, it 
 “ was found that six thousand out of ten thousand shares, which was the 
 “ capital of the company, had been subscribed in the names of irrespon¬ 
 sible persons, who insisted that they had subscribed these shares for 
 “the benefit of the company.” 
 
 • Now it is not of the least moment whether this inquiry was made by 
 the new or the old direction. Corporate concerns are characterized in 
 laW by conformity or uon-conformity to the law. These irresponsible 
 persons had or had not paid in the 10 per cent. If they had, then they 
 were‘subscribers; if they had not, then they were not subscribers. If 
 they had voted mean time in choosing the first board, not being legal sub¬ 
 scribers, that board was not legally chosen, nor was the company then or 
 since a corporate body legally organized. 
 
 The company tell the legislature that these unsubstantial non bona fide 
 subscribers, not only did; not pay in their 10 per cent., but pretended to 
 have made their subscriptions for the benefit of the company itself. This 
 proves the fact of tbe non-payment of this 10 per cent. ; especially, as this 
 plea was admitted, they could not have paid it for themselves nor as 
 agents of the company, nor could the company have paid it for them, not 
 
42 
 
 being in existence ;• for the company- that wasuto'be created cOuldnot 
 speculate in its own stock, because no such company could have' lfegal 
 existence as a- corporation until the whole million .was taken up,‘and 
 owned by individuals so responsible and in earnest, as to'have paid in 
 one tenth partthereof. ■ ■ ; ,1- 
 
 'It is not even pretended, that those persons did pay; for the sum, if 
 they had paid, would have stood conspicuously credited to the use of the 
 Iona fide subscribers. To show that it. is not, 1 shall state here pre¬ 
 sently the account of finances exhibited in the petition to the legislature. 
 
 - It is clear and incontrovertible that the subscription to the stock was 
 not filled according to law.: And I bring Me. Colden himself as a witness 
 to it. He says in his annual report of May, r 1827, “ Had (he stock, in- 
 “ stead of so large a portion of it being disposed of as an object of specu- 
 “ lation, been divided among those: who subscribed to the amount of 
 “.seven million, of dollars when this books were opened, the company 
 ‘(•would have been enabled to complete the canal this season.” : 
 
 Disposed of as an object of speculation!How disposed of? Who dis¬ 
 posed of it? Towhomwas it disposed of as an object'of speculation ? 
 These questions may. he properly, .raised in a court of law or equity. 
 The passage quoted goes only to prove what,indeed he acknowledges, 
 that six hundred shares were disposed of as an object of speculation to 
 persons', who, failing:in their expectations of a premium,. returned them 
 vacant upon the bona fide subscribers, not having paid in the 60;000 
 dollars, which, to be a valid subscription, they should 1 have paid, and 
 which, on forfeiture, should have accrued to the sincere stockholders of 
 the 4004 shares. 'But I will let,Mr.' Colden tell his own story again, as 
 in the petition, in print, and on-the legislative records. , " 
 
 “ The company then found'thatithey had in fact only ! four thousand 
 .“.of their shares subscribed ; that they had six thousand on hand, and to 
 “ construct a canal that was to cost a million:of dollars, they had. no 
 5‘ other,resources than the instalments as" they would become due on 
 “subscriptions, amounting in the:whole to only four hundred thousand 
 “dollars; besides this, certificates for shares had been illegally issued 
 “ and pledged to a bank in New-York-^these were afterwards redeemed 
 “by the company, with great difficulty, but without-any loss.” 
 
 Certificates of shares illegally issued; .thesq must have been 1 blank 
 certificates, surreptitiously filled up and issued—but we have just given 
 .a quotation in which stock to the amount of a million, had been issued. 
 But,this seems to be a mistake. The non-paying;subscribers very pro¬ 
 perly,did not havetheir certificates. Tlreyiremainediblank: >■'■■■-■ 
 
 It was indeed,an Egyptian task, of. which tyranny.the'legislature is 
 mot to.be accused, that the: company ,had to make fopr tenths of their 
 capital effect, the -purpose; of the whole. But where was (he great .pub¬ 
 lic exigency or necessity of proceeding,with inadequate fun^s? 'Had the 
 1st of November, 1825, already passed by!?. If not,"could not the'com- 
 missioners,open the:books ahew ? If that:limita'tion had expired, then 
 it was surely unlawful, to , open them; indeed, no authority - existed to 
 open.them!afterwards, for the corporatiomhad died a natural-death,:ac¬ 
 cording to a provision in one of, the sections to that effect; that unless 
 
. -13 
 
 the capital of one million;be subscribed on or before that day, the act is 
 thereby declared tolbe null and void. Is notthe act then null and void? 
 Does not the law itself say so, in the event described and confessed ? 
 
 The legislature,.it is true,rnnay indulgently pass over'the neglect of 
 its laws, because.it is not their department of government ‘to execute 
 them; .but, whenever this question- is brought into a court of law, the 
 bench will go by its provisions, and-by the. evidence of their fulfilment 
 or non-fulfilment. The aggyessious-and aspersions of the company and 
 , its. President, will justify fn self-defence raising.ithis question by quo 
 warranto. !■ ! • r, , - 
 
 '.The natural and necessary consequences of "this departure from; the 
 prescribed Hue,-, has been: deep indebtedness and almost inextricable dif¬ 
 ficulty. The injustice to theitoia fide subscribers of proceeding' with¬ 
 out .the whole capital,! in the faith of which they did subscribe, is’ obvious 
 in a cruel loss to. them of:the whole of their stock.-. ; For of. what- value 
 to them is their stock, if the judgments confessed and recorded are effec¬ 
 tual security ? What part of what has been expended is 253,000 and 
 150,000 ? 400,000 is one half of: 300,000, but will the-stock in market 
 now bring 320,000? 1 hope however it will rise, when all the favour¬ 
 able “ circumstances” are known. .. 
 
 The statement in the petition was as follows: • 
 
 That the instalments paid in on 4004 shares, amounted to $270,555' 03 
 on 3135 shares, . . 74,334 72. 
 
 - ' ■ 344,889 75 
 
 Loans, . . . . . . . . . • 253,000 00 
 
 . ' :. Expended, . ... .. .$597,889 75 
 
 Requisite to finish the canal if it cost only one million, $372,651 00 
 Requisite to pay.loan,..: 253,000 00 
 
 . $825,651 00 
 
 Instalments due on 4004 shares, . . . $129,844 97 
 
 on 3135 shares, . .239,165 28 
 
 ■ 369,010 25 
 
 Deficiency unprovided for to finish canal and pay loan, 256,641 00 
 
 .- $625,651 25 
 
 But the petition also states that the company has 2861 vacant shares, 
 worth at par-286,10.0 dollars ! 
 
 Vacant* shares -worth,par!!! What, then, must the full shares.be 
 worth ? It seems to; common calculation that par means as much as has 
 been paid in on them ; .and as nothing has been paid on them, par must 
 be nothing, instead of 286,100 dollars. There is indeed some differ¬ 
 ence! They are not then actually shares, or stock* but room for itock. 
 What room for stock in Morris Canal is worth, is a question that would 
 
puzzle the board of brokers, and all Wall-street, to determine! for it 
 must be somewhere in the scale of minus nothing, if full stock is 60 per 
 cent, below par. 
 
 Those vacant shares, however, have some value, they are witnesses of 
 the fact that the capital stock never was fully taken up., The necessity 
 ofiborrowing and of mortgaging the canal is also a proof of this fact. 
 The confession and record of judgments for loans, is a confession of the 
 character of the proceedings of the companyjat the beginning! 
 
 Nor is this all that has the appearance of being illegal in the proceed¬ 
 ings of the company. There is no provision in the law that the corpo¬ 
 ration as such shall hold any of its own shares; but, on the contrary, that 
 it shall not. .Will Mr. Colden point out to those who have been in¬ 
 duced, by large discounts, to take 3135 shares since the 1st of Novem¬ 
 ber, 1825, where there is authority in the law to open anm the sub¬ 
 scription after that dale ? Will those subscribers be bound to pay for 
 stock if illegally issued ? There is a rule in equity as well as law, that 
 there shall be value for value. Were they issued after record of judg¬ 
 ments,. could they then have any value ? What has been the decision 
 of a case of this kind lately, where the company sues a subscriber to 
 this after-born stock ? It is not yet decided. 
 
 Since the judgment for 600,000 dollars, another has been recorded for 
 200,000 dollars; and how much more money will be necessary, we can 
 judge from the cost of other cauals. Erie and Champlain cost 23,100 
 dollars a mile; Schuylkill, 20,000; Middlesex, 17,000; and sixty canals 
 in England average 17,000. What, then, does Morris Canal come to, 
 being 94 miles in length, taking the average of the three American 
 canals ? Surely not less than 20,000 dollars a mile, which is 1880 thou¬ 
 sand dollars, without including great damages to mills. We are willing 
 all deductions from this average may be made that any interested party 
 pleases to make. Such is the fact as to other canals. But the more cost 
 the more security to creditors who hold recorded judgments!! It would 
 be friendly in Mr. Colden to inform the creditors, How their judgments 
 are any security ? How and on what they will levy their execution next 
 year? Will they levy it on the canal itself? The title of the land is not 
 yet in the corporation, unless, as they indeed pretend, it vests, according 
 to their act, on the mere survey and taking possession without paying. 
 This, however, the claimant in a late suit contends against; and others 
 are addressing the legislature from one end to the other of the line for re¬ 
 dress. Besides, if the land were acquired, it is by law persona! estate, in 
 'shares, intangible and unsaleable by execution, being a franchise which, 
 as creditors, they have no right to use or to accomplish. What remedy— 
 what resource then have they ? By a process in chancery they may stop the 
 income. But where is the income unless the- canal be finished:—unless 
 they have an ample supply of water ? An abundance of coal to carry. 
 There is indeed one way; the creditors, in order to make their security 
 of .value, inay lend two or three times as much more to complete the 
 work! And then what? Refer now to the commissioners’and engineers’ 
 original computation of revenue. They made all the income except 
 34000 dollars to depend on Lehigh coal. Finish the canal then to the 
 Pelaware if this can be depended on! Out of the remainder, 34,000, Mr, 
 
4 5 
 
 M’Cullock deducts 20,000 for management and repairs. I have, how¬ 
 ever, rather more practice than he, and do not think this'allowance 
 quite enough for a canal which has 26 inclined planes. 
 
 Mr. Colden, however, says, 1 “ If we were never to tarry a bushel of 
 “ coal, our canal would be profitable.” From whence? How? What 1 
 does he mean ? Yes, truly! By the sale of surplus water. The hulling 
 power of the company. No doubt: No difficulty 1 The Morris Canal 
 Company cab raise money enough the moment they can set aside the 
 protecting charter of the Society. 
 
 Their expectation and reliance on the resource of subverting so old 
 and successful an institution, will be found to be as presumptuous a de¬ 
 parture from principles of property, as their canal is from the laws of 
 experience in canalling and operative mechanics. 
 
 Though I am fatigued with the number of corrections Mr. Colden has 
 given occasion for, 1 cannot deny to the stockholders yet another, which 
 much affects their interest. It relates to all their 26 inclined planes. 
 
 It seems the foundation walls of one of the inclined, planes at Boon- 
 town had given way, and requires to be relaid. This circumstance may 
 have alarmed the directors. Wherefore Mr. Colden says, (page 29,) 
 
 “ That they "may be made sufficiently strong there can be no doubt. 1 
 “ We see that the walls of , the plane of the Dry Dock bear a moving 
 “ weight of six or seven hundred tons; whereas the walls of our planes 
 “ will require only sufficient strength to support thirty-seven tons, which 
 “is the weight of one of our cars, with a boat and a cargo of twenty- 
 “ five tons.” 
 
 He does not surely wish to mislead the judgment of the board, nor 
 create unfounded confidence amongst the stockholders. It is indeed 
 unaccountable, that oue who appears to be so intimate with the Presi¬ 
 dent of the Dry Dock, should be so ignorant of the fact, that the inclined 
 plane of the Dry Dock is on piles driven as deep as possible into the 
 ground from one end to the other, and has no foundation walls. 
 
 Besides that, no masonry would have stood the reiterated passing of 
 six or seven hundred tons. The ship is on a carriage which has nearly 
 as many wheels as can be placed under her—certainly above one hun¬ 
 dred points of support; while the canal cars have but four points of'sup¬ 
 port for 35 tons. A weight then of nine tons, nearly, is to pass succes¬ 
 sively, many times a day, over every part of a wall, of no considerable 
 depth or breadth. This wall would no doubt have stood the invariable 
 pressure of an edifice. But the action and reaction of a passing weight 
 is quite a different thing in principle, and, like percussion, is cumulative 
 of effect. An imperceptible effect of action reiterated, becomes per¬ 
 ceptible more and more, and by and by a disturbing jorce. 1 
 
 Now the perpendicular lift which I recommended, and in which it 
 was well known I was and am an interested party, but which is not now 
 offered to the Morris Canal Company, was free from this cause and this 
 effect. The weight borne would have been a steady, invariable, equa¬ 
 ble pressure; and could be calculated and relied on like that of any 
 other edifice. There was nothing uncertain in it. But the inclined 
 plane is a perpetual experiment. 
 
In thus fairly examining the several topics .raised by the tf Aiiswer,” it 
 is not my wish to disparage the Morris Canal as a property.- 'ilt has its 
 merits as a work ; and had it been founded in expediency, would surely 
 have been a noble one. Restrained to the limits of its lawful privilege, 
 it is not necessarily abortive. It is in danger ofibeing -so,- only from 
 breaking over them. ■ ' ..j o : 
 
 To keep this, to tliem, important truth in miud, I suggested in the-re¬ 
 port the probable practicability of forming reservoirs with the winter 
 water of the lake, when they shall have acquired a. right to it, on theorist 
 of the mountain:—as-by. devoting the whole supply. to ithe eastern sec¬ 
 tion, so much of the canal may be made valuable, though, not with: in¬ 
 clined planes. And ! now add, that then, if there be a surplus, it might 
 be disposed of for milling purposes, should the legislature grant leave. 
 
 But this new privilege can never be asked and obtained while the Mor¬ 
 ris Canalworks at Dover, at Powerville, and other places, con time' as 
 ■ they are, calculated to draw away the Passaic waters from the manufac¬ 
 tories; because.the design of these works has. been confessed, -and-the 
 sufficiency of. the lake water has been acknowledged. The Morris.Ca- 
 nal Company can never successfully approach the legislature without 
 having;practically relinquished that design ; for that design has made the 
 State a party to an unconstitutional act against its will, as we have-no 
 doubt the proceedings of the company would be adjudged to be. 
 
 It is next my task to endeavour to account satisfactorily to those: who 
 may have known or heard of Mr. Colden in public life, and as a respect¬ 
 able man, old at the bar and in legislative office, for the policy: of- his 
 mode of: defending the company against the experience of; Erie-Canal. 
 His personalities having no relation to the points in dispute,mould have 
 no weight as argument. He may have thought they would turn atten- 
 tioD.from himself, however, as the cause of- the compahy’s misfortunes; 
 unless they were to. answer, some purpose, the stockholders will no 
 doubt say r . that it was scarcely prudent for their great financier, at. the 
 moment of seeking new loans, to provoke and invite a free animadver¬ 
 sion, on the concerns of the corporation as a public institution histori¬ 
 cally from the beginning. He does seem to have attached more import¬ 
 ance to the report than 1 expected ; and it might have been more safely 
 metin.the walls of the court of equity. • 
 
 i But to myself it is accounted for, as an attempt to discredit the system¬ 
 atic opinion of your engineer, and was expected to assist in gaining 
 some temporary: point, such, for example, as a new loan , notwith¬ 
 standing previous judgments:' ' - 
 
 • ijBut-ithis is not quite enough to account for it.-:. Mr. Colden may 
 have thought that-the weight of his rharacter-was sufficient to bear down 
 theiproof .ol a-baseless project, and of the intended aggressions of- the 
 company over which he presides.- He has however yet to learn his own 
 value.; that calumny, satire, and sophistry combined, will have less in- 
 fluence upon a reasoning community than 'one solitary fact; that the 
 public, or so many-persons as may be concerned in this property,-have 
 fardess-interest in men thanintrafA; -that even the Morris Canal Com¬ 
 pany feel less interest in himself than in the question, how they-shall 
 
find present and future value in their stock. And since Mr. Golden 
 has said Wmuch of me that was not true, I will ttike the freedom to say 
 one thing of'him, however unwelcome, which he must be consciousis 
 true—that he has lost for ever the fairest opportunity of distinguished 
 usefulness , that has been presented .0 any maii at'the head of a corpo¬ 
 rate institution ; for he came into 'office, as he sa)s in liis petition to the 
 legislature; in July, 1826, after the predecessors ofthe 11 era board iiad, by 
 bad management—done what? “ prostrated the credit of the company, 
 “and in a great degree interrupted its operations y that' the present 
 “ board had to retrieve the character of the company,' which had suffered 
 “so severely by the bad management of their'predecessors, and to 
 “struggle with that waiit of means, which a diversion'of the funds'and 
 “ resources of the company had occasioned. In this they had so far suc- 
 “ceeded, that since July, 1827, the work ofthe canal had been prosecu- 
 “‘ted with great spirit and lorce, and progressed'so far that it may be 
 “ eVitirely finished ‘in the fall of the present year, (1828.)” 
 
 Has he retrieved'the credit and the character of 1 the company? 1. Let 
 public opinion answer! Let the price of the stock answer! 1 
 
 ' v Not knowing whowere'the'first board, with one exception, I ; have ho 
 doubt those'gentlemen are able to vindicate themselves if there be occa¬ 
 sion,as might that one; my position is, that the bad management allu¬ 
 ded to was not doss of money, but loss of credit. And why so ? Be'cause 
 the prescribed prerequisites to corporate existence not being regarded, 
 the want of capital had'caused a want of,loads; thatthe time for'legal 
 subscriptions had expired the preceding November ; that they had'er- 
 pended a considerable part of the 400,000 dollars without any' rational 
 probability that the rest of the capital would be taken:up ; that the fair 
 Subscribers to the amount of 400,000' dollars (no small ! sum) stood in 
 need of a presiding officer who would; by his good management,- save 
 their investment, and conduct them out of difficulty'to success. 
 
 Then was the opportunity for the moral'courage and high principles 
 of Mr. Colden to have achieved a conquest. ' As a financier, he might 
 have stopped the expenditure until, an adequate su‘m ; to complete the 
 work was had: a-calculator might-have proved that'else all would 
 be sunk’that should be put in ; that the first great debt for a loan 
 would swallow up the whole property! The undertaking was cither a 
 good- one, or the contrary; if it bore the severe scrutiny of a rational 
 computation of revenue, delay would not impair its purpose. If it would 
 not bear examination, why proceed ? ' .' ' ' ' 
 
 ; - If-convinced 'it had not-'originated in an : airy speculation, but was a 
 sound project, even in the event of the making of the Raritan Canal, 
 then,-a^a lawyer, understanding the whole history of the early proceed¬ 
 ings, and holding the commanding influence of the profession, Os well'as 
 his office, he'might'have led the company back to the line arid limits of 
 the law, and taken at once the commanding position which. rectitude 
 always gives. r ' f 
 
 The company under his guidance might then have approached the 
 legislature with confidence. As the saviour of the institution', Ke'woiild 
 have asked for a prolonged term wherein to open the subscription anew 
 —leave to repair the foundations with solid wealth, before the super- 
 
structure of credit should have been raised.. As a. jurist and friend,to 
 equal rights, he would have asked the restoration of,the right of trial by 
 jury to the people whose property the company, would have occasion to 
 use, that if not agreed with, they might have prompt justice and fair 
 settlements. The Morris, Canal project would have thus regained its 
 character; and probably the subscription would have been filled from 
 amqDg chose who had been “ refused.’'. And if the whole capital of one 
 million had been then prudently applied, and the aid of State credit had 
 become necessary, it is highly probable it would have been granted, as was 
 done in New-York to a well founded and well managed institution, the 
 Hudson and Delaware Cana). Then too it is highly probable that Mr. 
 Colden would have found leisure to have read every section of yourchar- 
 ter, and would have discountenanced and forbidden all infringement on 
 your rights. 
 
 But a different course has been pursued. There is no doubt the 
 credit of the company has been retrieved. This its debts evince. , But 
 the foundation of that credit is not so obvious. From an early period 
 it has appeared the company has bad a view to the Passaic. It is pro¬ 
 bable the direction, as well as their .president, overlooked the 2d section 
 of your charter., Under the impression that they could legally take the 
 head waters of. the Passaic, the certainty of the Raritan Canal, or the 
 uncertainty of the coal trade, was immaterial. This credit then is based 
 on oversight. 
 
 This course of proceeding, when we consider how much other canals, 
 with a more advantageous location, have cost per mile, is utterly unac¬ 
 countable to calculation. There is but one way of accounting for a 
 course else so improvident—the consistent scheme of manufacturing vil¬ 
 lages already described. All must have been founded in the hope of 
 contending successfully against the charter of the Society. The hope 
 of converting the Passaic waters to profit, has perhaps been (he secret 
 spring of all this,boasted energy in pushing.on the work; the founda- 
 - tion of that credit, the reasou of those massive loans, and the promise, 
 probably, of still more, when this new kind of warfare shall be vic¬ 
 toriously concluded ; and I infer the more confidently, not only from 
 the declarations of Mr. M'Cuilock and the company’s present preten¬ 
 sions, but from expressions which have escaped Mr. Colden’s heart, such 
 as “if there be any directors and members,” (meaning of the Society,) 
 that he has been encouraged to this dernier resort, this ultimate hope, 
 by the small number of the heirs and successors of the original con¬ 
 tributors, as well as tempted by the magnitude of the advantage of com¬ 
 manding all the head waters of the Passaic. 
 
 But the Morris Canal Company and their magnanimous president will 
 find that the numbers interested in the Society will soon be augmented to 
 the whole number of. honest and honourable men in the State of New- 
 Jersey. ^ 
 
 Every body will see and feel that this catastrophe to one of the best 
 institutions of the State, was not in the least apprehended by the legisla¬ 
 ture of 1791, to be possible. Their very silence declares this. . Had 
 they supposed it possible thata canal over Schooley’s mountain would 
 be projected, and had deemed it of more importance than the manufac- 
 
4-3 
 
 taring town they were founding,they would surely havemade on exceptio.1! 
 in favour of it. On the contrary, so foreign from.their thoughts was this 
 idea, that they gave the Society the right to make canal navigation lend¬ 
 ing to these manufactories, and enlarged accordingly their right to em¬ 
 body capital. They undoubtedly intended to give the most complete 
 encouragement to form a permanent institution of manufactories, and 
 sealed their good faith by a pledge of ten thousand dollars to the stock- 
 By this they either declared the perpetuity of the water power, or did a 
 most improvident act; the latter cannot be said of them—the former 
 can alone be affirmed with truth. ' 
 
 Besides it was an act perfectly consistent with good policy. No exer¬ 
 cise of legislative power was conceived at that early day to be more 
 conducive to the public prosperity, the great source of which is indus¬ 
 try. To bring into operation in aid of it at once a great capital and a 
 great water power—the branches of a river flowing through one fourth 
 of the State—was a noble object of legislation. Nor can itt be less the 
 good policy of New-Jersey, now that the progress of the nation in wealth 
 and enterprise is rapidly transferring the manufacturing skilbpf Europe 
 to the country producing all the raw materials on which it is there exerted. 
 Thousands are annually coming from the crowded cities of England, 
 leaving the power of steam for the pure air and mountain streams of the 
 middle and northern states, where native ingenuity successfully im¬ 
 proves on their experience. 
 
 Had it not been done at that early day, the time would have now come 
 when {as was the Passaic) so to devote every other mountain stream, 
 and hold them sacred to the manufacturing interest, will be the best 
 policy of the State. Even the Delaware, divided with Pennsylvania, 
 and brought in redundant volume to supply the summit level of the Rari¬ 
 tan Canal, 60 feet above tide, may be made likewise to subserve this 
 great interest; and tile numerous steam engines of Great Britain be no 
 where so effectually rivalled in America, by water power, as in New- 
 Jersey. ' . ■ 
 
 What is, in fact, the usefulness of Morris Canal compared to that of 
 accessions of active capital, an industrious population in the centre of 
 an agricultural district, enriched by this new and near demand for its 
 produce? 
 
 The great body of the stockholders and creditors of the Morris Canal, 
 I do not doubt, have been under the impression, and have been made to 
 think, not only that there was water enough for the canal from the lake, 
 bufof late, even that the company had a legal right' to the head waters 
 and branches of the Passaic. They will be even astonished at the facts 
 I have in this letter disclosed, and that, to all appearance , they are as a 
 corporation striving to retrieve their affairs by a pretension not counte¬ 
 nanced by the State’s commissioners’ and engineers’ reports—not found 
 authorized in their own law of incorporation, but in direct hostility to a 
 law of earlier date, granted soon after New-Jersey became sovereign and 
 independent, by legislators of the most liberal and enlightened character, 
 incapable of dishonour, with calm foresight of the distant usefulness of 
 the permanent institution they were founding, and pledging to its pros • 
 
so 
 
 perify, for, and in behalf of the State, for that period, a very large sum 
 initsstoek. .. 
 
 I appeal to the great body of the stockholders and creditors of the 
 Morris Canal and Banking Company, and ask with confidence, Whether 
 it is reasonable that such a charter, so granted, and so perfectly adapted 
 to its purpose, shall have no'protecting efficacy? Can he illusory and 
 deceptive ? Whether the property collected in good faith under its shel¬ 
 ter can be otherwise than safe ? 
 
 It seems to me that to pretend that one of the largest towns in the State, 
 with all it contains of value, is subjected, by act or accident, to the power 
 in any way of a recent canal company, whose whole legitimate object is 
 alone to carry coal across the State to the New-York market; that one 
 of the oldest'and most useful institutions of the State is to become secon¬ 
 dary to it, is a libel both upon the members of the patriotic legislature of 
 1791,and upon the wisdom and justice of those of 1024. The latter did 
 not mean this any more than the former. The reports of their commis¬ 
 sioners and engineers, sent out at expense to inform and guide them in 
 framing tbd' law then passed, contain no recommendation to disturb the 
 manufactories of Paterson in behalf of the proposed canal. On the con¬ 
 trary, they expressly say that Lake Hopatcong affords three times as 
 much water as is necessary to supply it from the Delaware to the Pas¬ 
 saic. Nor did they calculate an amount of capital required to pay such 
 damages as the disturbance of those manufactories would involve. And 
 I ask those creditors and stockholders again, Whether they can expect to 
 sustain the inroad their presiding officer has been making by works now 
 actually constructed,, upon the water power of Paterson? Whether 
 he may not thus subject the company, by this overleaping of lawful 
 bounds, to a forfeiture of their act? Whether, in that case, all that is 
 invested does not escheat to the State? I would ask them what other 
 form of punishment there is for corporations which transcend their legal 
 powers thanloss of privilege? 
 
 And I will remind them that their company has no authority to use 
 water for any other purpose than to fill their canal; that the sources of 
 its supply are designated, and they have publicly declared and acknow¬ 
 ledged those sources amply sufficient. 
 
 'The examination and exposition I have thus deliberately made, will 
 produce a thorough conviction in the mind of every reader to whom the 
 view of the subject taken is new, that there was very early formed a 
 scheme of aggrandizement, involving in its consequences the subversion 
 of the manufactories of Paterson; if'appeared manifest in 1826—was 
 practically pursued ever since under the presidency of Mr. Colden, and 
 though not openly avowed, the works requisite are defended in his letter. 
 
 l ain sensible it has not been in my power to do justice to the to¬ 
 pics which combine to set forth in a clear and true light this extraordi¬ 
 nary enterprise, which 1 feel at a loss how to name: a corporation 
 being but one body, I suppose only a speculation or corporate power— 
 an imputation that must remain a stigma on their character till the 
 works they have constructed to carry it into effect are removed, being 
 unnecessary to a lawful canal. 
 
 Nor is it material to the defence of your rights, in this vindication 
 
51 
 
 of myself and my report, to enter much into the merits of the contro¬ 
 versy, as your cause will be far belter sustained by men of a different 
 profession, and of great eminence, in the tribunal to which you have 
 carried the protection of-the manufacturing interest and Society. These 
 pages are for the people. 
 
 As Mr. Colden intimates that I have “ volunteered}' 1 from resentment 
 to render you such jprofessional, and even friendly services as this occa¬ 
 sion requires, I would assure him that if 1 had, it would not have been 
 on the bad motives he insinuates. I believe it was your personal ac¬ 
 quaintance with, me five or six years ago at Baltimore; and perhaps 
 knowing that the Susquehanna commissioners had done me the honour 
 of their confidence, which had some influence on yours. But I have 
 no doubt that, had I, accidentally learned the mm'fs-ofthis controversy, 
 I should have volunteered to bear witness to the danger of utter ruin, 
 which the command of the Passaic water as the Morris Canal requires, 
 must necessarily bring on the manufacturing establishments at Paterson, 
 and against the most extraordinary trespass of one corporation upon 
 another, that has, 1 believe, ever occurred; but against which, I trust, 
 the equity and the laws of New-Jersey will be your effectual protection. 
 
 Nor would the company have reason to regret being restrained within 
 those bounds, and to that course, which will save their institution also, 
 and enable it, if any thing will, to arrive at a profitable result. Indeed 
 otherwise they cannot address the legislature with much prospect of suc¬ 
 cess ; for how can a corporation give security that renders itself so lia¬ 
 ble ? They would by an injunction be relieved of a dilemma, from which 
 they cannot easily extricate themselves. The President and Directors 
 cannot otherwise have an excuse for altering their works so as to leave 
 the Passaic waters untouched. To recede voluntarily from their chi¬ 
 mera, would be wounding to pride and be out of character. They will, 
 I doubt.not, be gently repressed in their ambition, and replaced on the 
 ground where the legislature intended they should display their branch 
 of usefulness, without interfering with other branches. 
 
 Throughout this letter I have spoken of the company as a corporation, 
 and not of individuals who compose it. I have aimed to prove that, as 
 a body, they have been misinformed and misguided by their president, 
 who appears to act with more zeal than knowledge. I should regret to 
 think his influence in society quite equal to his apparent malevolence. 
 I hope his motives and his character are too well understood, and while 
 there may be indulgence towards him, there will be justice in public 
 opinion towards myself. 
 
 T am, very respectfully, 
 
 Your humble servant, 
 
 J. L. SULLIVAN. 
 
COL. LONG’S)' Letter on the Quantity of Water requisite to Candle. 
 
 Baltimore, Nov. 15,1828. 
 
 C. E. Thomas, Esq. . 
 
 Sir—In reply to the queries suggested through you by Mr. Colt, I 
 ian merely state a few of nriy opinions, founded on an indistinct recol¬ 
 lection of facts that have ctShie within my knowledge. 
 
 The quantity of water required for lockage iti canals will of course 
 depend upon the size of the locks, and the frequency with which boats 
 pass through them. In a regular reciprocal trade, a single lock full will 
 subserve for the passage of two boats in opposite directions; but, owing 
 to the irregularity of the traffic Shat usually prevails on a canal, it is, I 
 believe, 1 customary to allow two locks full for the passage of three boats, 
 where the transition from one level to another is uniformly ascending or 
 descending; and for the passage to and from a summit level or pound, 
 one and a half lockful for each boat. Consequently the quantity re¬ 
 quired for lockage oh a summit level, the locks having a lift of eight feet 
 each, and'their other dimensions being 96 feet long by 14 wide, will 
 amount to about 14,500 cubic feet.for each boat of 25 tons; and on the 
 supposition that 50 boats pass daily on the canal, the expense of water 
 for lockage on the summit level, whatever may be its extent, will be 
 about 600 cubic feet per minute. 
 
 fn regard to the expense of water occasioned by evaporation, absorp¬ 
 tion, leakage, &c., especially on new canals, it unquestionably varies in 
 conformity to the nature of the ground on which it is constructed. On a 
 portion’ of the Erie Canal, where the ground was by no means unfavour¬ 
 able; itwas ascertained that the loss of water, on the accounts just men¬ 
 tioned, amounted to about 100 cubic feet per minute on each mile, after 
 tire canal had been in use for a considerable time. 
 
 In situations where the earth'is loose, sandy, and bibulous,-and espe¬ 
 cially where the canal is based upon the debris, of which the slopes of 
 hills are usually composed, 1 should suppose thatan allowance of 150 cubic 
 feet per mile per minute would not be too great for a new canal. Upon 
 this supposition, were a canal to extend 50 miles from the place where it 
 must be supplied, with water, as suggested in the queries alluded to, the 
 quantity of water necessary for its supply, exclusive of lockage water, 
 would be equal to 7,500 cubic feet per minute. This amount added to 
 Oia.t required for the supply of locks connected with the summit as be- 
 . fore stated, viz. 500 feet per minute, would require that the current at the 
 place above mentioned should move with a velocity of about 80 feet per 
 minute, or nearly one mile per hour. 
 
 Such a current might be generated by a declivity of about six inches 
 to the'mile, and a.summit pound might be supplied through a feeder 50 
 miles long, provided the quantity of water furnished at the head of the 
 feeder, was equal to 8000 cubic feet per minute. 
 
 The foregoing remarks have been hastily thrown together, and are by 
 no means so well digested as the importance of the subject requires. 
 They are nevertheless submitted with the hope that they may throw 
 some faint light upon this intricate topic. 
 
 I am, Sir, very respectfully, 
 
 Your most obedient servant, 
 
 5, H. LONG. 
 
. The reason of this iroportantconsequenceof this improvement is, that the useful 
 effect of the. power employed is, without loss of time, increased four or five fold.— 
 That a horse, instead of drawing ten tons, as he does, on the best rail-roads in Eng¬ 
 land, will draw fifty tons. This has been demonstrated to many scientific men, and 
 no. fact in.the art Of railways can be better attested. The invention was filed at the 
 patent office several years ago; the patent is of recent date, and this improvement 
 will be at the service of any corporate company desirous of it. All such are invited 
 to. investigate the facts for themselves; and if the result be satisfactory, I can, as the 
 agent of Mr, Winans, offer them liberal terms, whatever the form of rail-road pre- 
 ferred. ,. - ■