Chapter XIII: Appendix: B

ACT OF APRIL 15, 1817[74]

_Whereas_, navigable communications between Lakes Erie and Champlain, and the Atlantic ocean, by means of canals connected with the Hudson river, will promote agriculture, manufactures and commerce, mitigate the calamities of war, and enhance the blessings of peace, consolidate the union, and advance the prosperity and elevate the character of the United States:

_And whereas_, it is the incumbent duty of the people of this state, to avail themselves of the means which the Almighty has placed in their hands for the production of such signal, extensive and lasting benefits to the human race: _Now, therefore_, in full confidence that the congress of the United States, and the states equally interested with this state in the commencement, prosecution and completion of those important works, will contribute their full proportion of the expense; and in order that adequate funds may be provided, and properly arranged and managed, for the prosecution and completion of all the navigable communications contemplated by this act:

I _Be it enacted by the people of the state of New York, represented in Senate and Assembly_, That there shall be constituted a fund to be denominated the canal fund, which shall consist of all such appropriations, grants and donations, as may be made for that purpose by the legislature of this state, by the congress of the United States, by individual states, and by corporations, companies and individuals; which fund shall be superintended and managed by a board of commissioners, to be denominated "the commissioners of the canal fund," consisting of the lieutenant-governor, the comptroller, the attorney-general, the surveyor-general, secretary and treasurer, a majority of whom with the comptroller shall be a quorum for the transaction of business; and that it shall be the duty of the said board to receive, arrange and manage to the best advantage all things belonging to the same fund, to borrow, from time to time, monies on the credit of the people of this state at a rate of interest not exceeding six per centum per annum, and not exceeding in any one year a sum which, together with the net income of the said fund, shall amount to four hundred thousand dollars; for which monies, so to be borrowed, the comptroller shall issue transferable certificates of stock, payable at such time or times as may be determined by said board; out of the said fund to pay to the canal commissioners hereafter mentioned, the monies so to be borrowed and the income of the said fund, reserving at all times sufficient to pay the interest of all monies that shall have been borrowed by the said board; to recommend from time to time to the legislature, the adoption of such measures as may be thought proper by the said board for the improvement of the said fund, and to report to the legislature, at the opening of every session thereof, the state of said fund; and that the comptroller and treasurer shall open separate books, and keep the accounts of the said fund distinct from the other funds of the state.

II _And be it further enacted_, That the commissioners appointed by the act, entitled "an act to provide for the improvement of the internal navigation of this state" passed April 17, 1816, shall continue to possess the powers thereby conferred, and be denominated "the canal commissioners;" and they are hereby authorized and empowered, in behalf of this state, and on the credit of the fund herein pledged, to commence making the said canals, by opening communications by canals and locks between the Mohawk and Seneca rivers, and between Lake Champlain and the Hudson river; to receive from time to time from the commissioners of the canal fund, such monies as may be necessary for and applicable to the objects hereby contemplated; to cause the same to be expended in the most prudent and economical manner, in all such works as may be proper to make the said canals; and on completing any part or parts of the works or canals contemplated by this act, to establish reasonable tolls and adopt all measures necessary for the collection and payment thereof to the commissioners of the canal fund; that a majority of the said commissioners shall be a board for the transaction of business, each of whom shall take an oath well and faithfully to execute the duties of his office, and shall report to the legislature at each session thereof, the state of said works and expenditures, and recommend such measures as they may think advisable for the accomplishment of the objects intended by this act; and in case of any vacancy in the office of commissioner, during the recess of the legislature, the person administering the government may appoint a person to fill such vacancy until the legislature shall act in the premises.

III _And be it further enacted_, That it shall and may be lawful for the said canal commissioners, and each of them, by themselves, and by every superintendent, agent, and engineer, employed by them, to enter upon, take possession of, and use all and singular any lands, waters, and streams necessary for the prosecution of the improvements intended by this act, and to make all such canals, feeders, dykes, locks, dams, and other works and devices as they may think proper for making said improvements, doing nevertheless no unnecessary damage; and that in case any lands, waters or streams taken and appropriated for any of the purposes aforesaid, shall not be given or granted to the people of this state, it shall be the duty of the canal commissioners from time to time, and as often as they think reasonable and proper, to cause application to be made to the justices of the supreme court, or any two of them, for the appointment of appraisers; and the said justices shall thereupon, by writing, appoint not less than three, nor more than five discreet disinterested persons as appraisers, who shall, before they enter upon the duties of their appointment, severally take and subscribe an oath or affirmation, before some person authorised to administer oaths, faithfully and impartially to perform the trust and duties required of them by this act, which oath or affirmation shall be filed with the secretary of the canal commissioners; and it shall be the duty of the said appraisers, or a majority of them, to make a just and equitable estimate and appraisal of the loss and damage, if any, over and above the benefit and advantage to the respective owners and proprietors or parties interested in the premises so required for the purposes aforesaid, by and in consequence of making and constructing any of the works aforesaid; and the said appraisers, or a majority of them, shall make regular entries of their determination and appraisal, with an apt and sufficient description of the several premises appropriated for the purposes aforesaid, in a book or books to be provided and kept by the canal commissioners, and certify and sign their names to such entries and appraisal, and in like manner certify their determination as to these several premises which will suffer no damages, or will be benefited more than injured by or in consequence of the works aforesaid; and the canal commissioners shall pay the damages so to be assessed and appraised, and the fee simple of the premises so appropriated shall be vested in the people of this state.

IV _And be it further enacted_, That whenever, in the opinion of the canal commissioners, it shall be for the interest of this state, for the prosecution of the works contemplated by this act, that all the interest and title (if any) in law and equity of the western inland lock navigation company should be vested in the people of this state, it shall be lawful for the said canal commissioners to pass a resolution to that effect, and that it shall then be lawful for the president of the canal commissioners to cause a copy of such resolution, with a notice signed by himself and the secretary of the said commissioners, to be delivered to the president or other known officer of the said company, notifying the president and directors of the said company that an application will be made to the justices of the supreme court, at a term thereof to be held not less than thirty days from the time of giving such notice, for the appointment of appraisers to estimate the damages to be sustained by the same company, by investing in the people of this state all the lands, waters, canals, locks, feeders, and appurtenances thereto acquired, used and claimed by the said company, under its act of incorporation, and the several acts amending the same; and it shall be the duty of the justices aforesaid, at the term mentioned in the said notice, and on proof of the service thereof, to appoint, by writing under the seal of the said court, and the hands of at least three of the said justices, not less than three, nor more than five disinterested persons, being citizens of the United States, to estimate and appraise the damages aforesaid; and it shall be the duty of the said appraisers, or a majority of them, to estimate and appraise the damages aforesaid, and severally to certify the same under oath, before an officer authorised to take the acknowledgement of deeds, to be a just, equitable, and impartial appraisal to the best of their judgment and belief, and shall thereupon deliver the same to one of the canal commissioners, who shall report the same to the same court; and if the said court shall be of opinion that the said damages have been fairly and equitably assessed, the said justices, or any three of them, may certify the same on the same report, and the amount of the said damages and the expenses of the said appraisal shall be audited by the comptroller, and paid on his warrant by the treasurer out of the canal fund; and the people of this state shall thereupon be invested with, and the said canal commissioners may cause to be used, all the lands, waters, streams, canals, locks, feeders, and appurtenances aforesaid, for the purposes intended by this act.

V _And be it further enacted_, That for the purposes contemplated by this act, and for the payment of the interest and final redemption of the principal of the sums to be borrowed by virtue hereof, there shall be, and hereby are appropriated and pledged, a duty or tax of twelve and a half cents per bushel upon all salt to be manufactured in the western district of this state; a tax of one dollar upon each steamboat passenger, for each and every trip or voyage such passenger may be conveyed upon the Hudson river on board of any steamboat over one hundred miles, and half that sum for any distance less than one hundred miles and over thirty miles; the proceeds of all lotteries which shall be drawn in this state, after the sums now granted upon them shall be paid; all the net proceeds of this state from the western inland lock navigation company; all the net proceeds of the said canals and each part thereof when made; all grants and donations made or to be made for the purpose of making the said canals; all the duties upon sales at auction, after deducting thereout twenty-three thousand five hundred dollars, annually appropriated to the hospital, the economical school, and the orphan asylum society, and ten thousand dollars hereby appropriated annually for the support of foreign poor in the city of New York.

VI _And be it further enacted_, That from and after the first Tuesday of August next, there shall be paid and collected in the manner now directed by law, upon all salt to be manufactured in the county of Onondaga, a duty of twelve and a half cents per bushel, instead of the present duties, and the like tax or duty of twelve and a half cents per bushel upon all other salt to be manufactured in the western district of this state, which shall be collected by the superintendent of the salt springs, until otherwise directed by the legislature; and for that purpose, he shall have a responsible deputy residing at each place where salt is or may be manufactured, with the like powers and subject to the like duties as his present deputies; and that all the provisions, forfeitures, penalties, and restrictions contained in the laws relative to the duties upon Onondaga salt, so far as the same may be applicable, shall be in force for the purposes of enforcing the payment and collection of the tax or duties upon salt hereby levied and imposed. And further, that the said superintendent, instead of a yearly report to the legislature, shall make a quarter yearly report to the commissioners of the canal fund, and pay into the treasury of this state, on the first Tuesday of February, May, August and November, in each year, all the monies collected by him during the quarter preceding each of those days, deducting in addition to what by law is now allowed to be deducted, five per cent of the duties collected at all other salt works, not situated in the county of Onondaga, and two per cent of the duties upon Onondaga salt, as a compensation for collecting and paying over the same.

VII _And be it further enacted_, That it shall be the duty of the said canal commissioners, to raise the sum of two hundred and fifty thousand dollars, to be appropriated towards the making and completing of the said canals from the Mohawk river to the Seneca river, and from Lake Champlain to Hudson's river, by causing to be assessed and levied in such manner as the said commissioners may determine and direct, the said sum of two hundred and fifty thousand dollars, upon the lands and real estate, lying along the route of the said canals, and within twenty-five miles of the same, on each side thereof: which sum so to be assessed and levied, shall be assessed on the said lands and real estate adjacent to the said several canals, in such proportion for each, as the said commissioners shall determine. And the said commissioners shall have power to make such rules and regulations, and adopt such measures for the assessing, levying, and collecting the sum or sums of money, either by sale of the said lands or otherwise, as they shall deem meet, and the said assessment shall be made on said lands, according to the benefit which they shall be considered by the said commissioners, as deriving from the making of the said canals respectively: _Provided_, That such rules, regulations and measures, shall before they are carried into effect, be sanctioned and approved by the chancellor and judges of the supreme court, or a majority of them: _And provided further_, That if any company or individual subject for such tax, shall subscribe any money or other property towards the completion of the said canals, the amount of such donation or voluntary subscription, shall, if the same is less than the amount of the tax, be deducted therefrom, and if more, he or they shall be entirely discharged from the said tax.

_And be it further enacted_, That from and after the first day of May next, the aforesaid tax upon steamboat passengers, shall be demanded, taken and received, by each captain or master of every steamboat navigating the Hudson river;[75] and that during each month thereafter, in which such boat shall be employed for the conveyance of passengers, it shall be the duty of such captain or master, to cause to be delivered to the comptroller of this state, a return or account, sworn to, before some officer authorized to administer oaths, stating the name of the boat, the number of trips made by such boat during such month, and the whole number of passengers conveyed on board such boat, at each of the said trips, over one hundred miles, and the number conveyed less than one hundred miles, and over thirty miles, and pay into the treasury of this state the amount of such tax collected during the time mentioned in the said return, deducting three per cent thereof, as a compensation for making such return, and collecting and paying over the said tax: _And further_, That in case of any neglect or refusal in making such return, or collecting and paying over the tax as directed in and by this section, the captain or master so neglecting, shall forfeit and pay the sum of five hundred dollars, besides the amount of the tax so directed to be collected and paid over, to be recovered in an action of debt in the name of the people of this state, and for the use of the aforesaid fund.

FOOTNOTES:

[1] It is said that the strange name of the city on the Ohio River, Wheeling, is derived from a word _Wheelen_, also meaning "a head on a pole" in another dialect.

[2] _Historic Highways of America_, vol. viii, p. 184.

[3] _Historic Highways of America_, vol. xii, p. 97.

[4] Mr. Watson's _Journal_ is included in his _History of the ... Western Canals in the State of New York_ (Albany, 1820).

[5] _Id._, pp. 20-21.

[6] _Laws of the State of New-York_ (New York, 1792), vol. ii, ch. xl.

[7] _Laws of the State of New-York_ (New York, 1793), pp. 13-17.

[8] _History of the ... Western Canals in the State of New York_, p. 85. It must be remembered that Watson was writing from memory in 1820; in general his authority may be considered excellent. We have indicated inconsistencies by interrogation points.

[9] _The Report of a Committee appointed to explore the western waters ... for the purpose of prosecuting the Inland Lock Navigation_ (Albany, 1792).

[10] Our source of information on these early Mohawk improvements is _Report of the Directors of the Western and Northern Inland Lock Navigation Companies in the State of New York to the Legislature_, 1796.

[11] _Id._, p. 9, _note_.

[12] _Id._, p. 16.

[13] MS. _Letters on Canals_ by Philip Schuyler and Simeon De Witt, 1793-94, Lenox Library.

[14] _Historic Highways of America_, vol. xiii, ch. 2.

[15] _History of the ... Western Canals in the State of New York_, pp. 92-93.

[16] _Id._, pp. 93-94.

[17] Sparks, _Life of Gouverneur Morris_ (Boston, 1832), vol. i, pp. 497-498.

[18] _Id._, p. 498.

[19] _Id._, pp. 498-499.

[20] _Laws of the State of New-York relative to the Canals_ (Albany, 1825), pp. 38-39.

[21] _Id._, p. 42.

[22] _History of the ... Western Canals in the State of New York_, p. 67.

[23] M. S. Hawley, _Origin of the Erie Canal_, p. 20. Clinton gave Hawley great credit for his part in promoting the Erie Canal idea--p. 21.

"He [Hawley] was at Colonel Mynderse's office in 1805, attending to the shipment of some flour to market, by the circuitous and uncertain route then in use. Himself and Colonel Mynderse conversing upon the necessities for better facilities, Mr. Hawley said: 'Why not have a canal extend direct into our country, and benefit all--merchants, millers, and farmers.'" Hawley then pointed out on a map that Lake Erie could be made a head of water. "A change having occurred in Mr. Hawley's business, he spent the winter of 1806 and 1807 in Pittsburg, Pennsylvania, and not knowing when he would return to Ontario county, he sketched the first essay, and to preserve it from oblivion, as he said, he procured it to be published there, on the fourteenth day of January, 1807, in the newspaper called the _Commonwealth_."--_Origin of the Erie Canal_, pp. 23-24.

[24] _Id._, pp. 69-70.

[25] _Public Documents relating to the New-York Canals_ (New York, 1821), pp. xlix-l.

[26] _Laws of the State of New-York relative to the Canals_, p. 47.

[27] _Id._, p. 67.

[28] _Laws of New York_, 1814.

[29] _Public Documents relating to Canals_, pp. li-lii.

[30] "Memorial of the citizens of New-York, in favor of a Canal-Navigation between the great western Lakes and the tide-waters of the Hudson, presented to the Assembly February 21, 1816, and ordered to be printed."--From _Laws of the State of New-York relative to the Canals_, p. 122.

[31] The Middlesex Canal was twenty-seven miles in length and joined Boston Harbor at Charlestown with the Merrimac River. It was incorporated in 1789, begun in 1790 and opened in 1804. Its cost to 1815 was over half a million. It was thirty feet wide at the top, twenty feet wide at the base and three feet deep. The rise from Boston to summit level was one hundred and four feet and the descent to the Merrimac, thirty-two feet. It included twenty locks, seventy-five feet long, ten feet wide at the base and eleven feet wide at the top, capable of locking a boat of fourteen tons. The income from tolls beginning with $7,000 in 1808 had increased to $25,000 in 1815; land beside the canal had increased in value one-third, and New Hampshire timber at once became worth from one to three dollars per ton standing, which before was worth nothing. The success of this canal must be considered as having something to do in the promotion of the Erie Canal.

[32] See appendix A.

[33] The material for the earlier portions of this chapter is largely from the annual reports of the canal commissioners from 1816 to 1825 contained in _Public Documents relating to the New-York Canals_ (New York, 1821), pp. 103-185, 311-333, 344-365, 429-450, and _Laws of the State of New-York relative to the Canals_, vol. ii, pp. 60-78, 95-118, 150-180.

[34] Appendix B.

[35] M. S. Hawley, _Origin of the Erie Canal_, pp. 41-42; Hawley's source of information was Judge Platt, one of the Council.

[36] _Id._, pp. 42-43. Cf. p. 143, referring to the change of route at Rome and consequent dissatisfaction.

[37] Sparks's _Writings of Washington_, vol. ii, pp. 341, 342.

[38]_Public Documents_ (1821), p. 403.

[39] For elaborate account of this celebration see W. L. Stone's _Narrative of the Festivities observed in honor of the Completion of the Grand Erie Canal_ (New York, 1825), and local histories.

[40] W. L. Stone, _Narrative of the Festivities observed in honor of the Completion of the Grand Erie Canal_, p. 321. This monograph has been used extensively in describing the celebration festivities.

[41] _Id._, pp. 320-321.

[42] _The Influence of the Erie Canal upon the population along its course_, bearing the imprint of the University of Wisconsin, 1901.

[43] Hammond, _Political History of New York_, vol. ii, pp. 369, 378. McMaster, _History of U.S._, vol. v, p. 109.

[44] Freeman's _Journal_, Cooperstown, Otsego County, New York, September 20, 1830, p. 2, c. 2.

[45] Freeman's _Journal_, August 16, 1830, p. 2, c. 6. Seward, _Autobiography of W. H. Seward from 1801 to 1834_, p. 78.

[46] Hammond, _Political History of New York_, vol. ii, p. 396.

[47] Hammond, _Political History of New York_, vol. ii, p. 397.

[48] Jenkins, _Political History of New York_, p. 363.

[49] The following counties sent petitions to the Legislature: Tioga, Steuben, Yates, Ontario, Wayne, Cayuga, Seneca, Tompkins, Chenango, Broome, Madison, Oneida, Onondaga, Herkimer, Lewis, Jefferson, and Chautauqua. (_Laws of the State of New York, relative to Erie and Champlain canals_, 1825, i, pp. 279-281.)

[50] This fact is supported by Mr. Jenkins in his _Political History of New York_. He says: "Mr. Granger received a very heavy vote in the sixth and eighth districts; and it is probable his friends had confidently expected that the Chenango canal interests would secure his election. "The sixth Senatorial district to which the feeling in favor of the Chenango canal was mainly confined, gave Mr. Granger more than 2,000 majority. Notwithstanding it had given 6,000 the other way in 1829." The majority for Mr. Granger in the eighth district was nearly 13,000.

[51] Jenkins, _Political History of New York_, p. 372.

[52] W. N. Holland, _Life and Political Opinions of Van Buren_: Attitude toward internal improvements, pp. 269-274.

[53] This is probably a reference to such loans as were authorized to be made to the New York and Erie Railroad. The New York and Erie Railroad was incorporated in 1832 and in 1836 the legislature authorized a loan of the credit of the state to the company for the amount of $3,000,000 subject to certain restrictions, some of which were that the route of the road should be through the Southern tier of counties in the state, one-fourth was to be completed in ten years, one-half in fifteen years, and the whole of it in twenty years. The road was to begin at Tappan, Rockland County, on the Hudson, pass through Goshen, Oswego, Elmira, and other towns and end at Dunkirk on Lake Erie.--Tanner, _Canals and Railroads of the United States_, 1840, p. 74.

[54] Lossing, _Empire State_, p. 493.

[55] _Documentary Sketch of New York State Canals_ by S. H. Sweet (Albany, 1863), p. 104.

[56] _Laws of the State of New-York relative to the Canals_ (Albany, 1825), vol. ii, pp. 13-14.

[57] Sweet's _Documentary History_, pp. 198-199.

[58] _Id._, p. 201.

[59] _Id._, p. 207-208.

[60] _Id._, p. 204.

[61] _Id._, p. 205.

[62] _Id._, p. 210.

[63] _Id._, p. 213.

[64] _Id._, p. 326.

[65] _House Reports, No. 423, 54th Cong., 1st sess., 1896_, also, _No. 1023, 55th Cong., 1st sess._

[66] _Laws of 1898_, ch. 44.

[67] _Senate Documents_, no. 23.

[68] _Laws of 1899_, ch. 494.

[69] _Report of the New York Commerce Commission_, Albany, 1900.

[70] _Laws of 1900_, ch. 411.

[71] _Historic Highways of America_, vol. xiii, p. 25.

[72] _Historic Highways of America_, vol. ix, pp. 213-215.

[73] "An act to provide for the improvement of the internal navigation of this state," passed April 17, 1816. From _Laws of the State of New-York relative to the Canals_, vol. ii, pp. 184-186.

[74] "An Act respecting Navigable Communications between the great western and northern lakes and the Atlantic ocean," passed April 15, 1817. From _Laws of the State of New-York relative to the Canals_, vol. ii, pp. 358-364.

[75] Suspended. See act March 30, 1820.

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Transcriber's Notes:

1. Passages in italics are surrounded by _underscores_.

2. Obvious errors in spelling and punctuation have been corrected.

3. Footnotes have been moved to the end of the main text body.

4. Images have been moved from the middle of a paragraph to the closest paragraph break.