IN SENATE,

March 1, 1831.

REPORT

Of the Canal Board, on the petition of N. Allen and S. Hecox.

By a resolution of the Honorable the Senate of the 19th inst. the petition of N. Allen and Co. is referred to the Canal Board. As this is a general reference without designating any particulars upon which information is required, the Canal Board will probably best fulfil the wishes of the Senate by a transmission of all the papers in relation to the claim of the petitioners.

The paper marked No. 1, is a copy of the original contract between the petitioners and Canal Commissioners. Parts of the work embraced by this contract, viz: the construction of seven of the locks, were abandoned by the petitioners, and were advertised and relet, by the Canal Commissioners, to King and Smith.

Document No. 2, is a copy of the contract of King and Smith with the Commissioners, which contract, before any thing was done upon it, was purchased of King and Smith by the petitioners, for $1,500.

Document No. 3, is a copy of the first petition, presented by the petitioners, to the Canal Board.

No. 4, contains the evidence adduced to the Board, on the investigation of the claims in the petition, and also a resolution of the Board, awarding to the petitioners the sum of eight thousand five hundred dollars.

No. 5, is a copy of the second petition of N. Allen & Co. to the Canal Board.

No. 6, contains the testimony adduced in support of this petition, and No. 7, contains the final adjudication of the Canal Board, awarding to the petitioners, in addition to the former amount, the sum of four thousand seven hundred twenty-three dollars and thirteen cents, subject to a claim of James Wced, a sub-contractor of the petitioners, to $1,500 of the sum last mentioned.

It will be perceived that the Canal Board made no allowance to the petitioners for any loss they may have sustained by the sickness which was experienced by the men in their employ. A very destructive malady occasioned many deaths upon this job and upon several others on the Oswego river. The Canal Board have not deemed it to be within their powers to make any allowance, in any case, for this cause. And if they possessed the power they would distribute the bounty of the State among the widows and orphans of those who had fallen victims to this malady, rather than among the contractors.

It will be seen by the contract of King and Smith, that they were bound to allow and pay for all the labor and materials which previous to the abondonment, the petitioners had applied towards the construction of the abandoned locks. It would seem, therefore, that if the petitioners had not purchased the contract of King and Smith, they, (the petitioners,) would have received an indemnity for such labor and materials.

The sum last allowed to the petitioners, includes $1,500 which was designed by the Board as an allowance to their sub-contractor, Weed, for a loss which he, and not the petitioners, had sustained. And if Weed had not applied for this sum, it could not have been awarded to the petitioners, as it was not a loss which they had suffered or sustained.

All which is respectfully submitted.

DOCUMENTS.

(No. 1.)

This article of agreement, made the 10th day of August, 1825, between Nathaniel Allen, Samuel Hecox, William E. Perrine and John Drake, Jun. of the one part, and the Canal Commissioners of the State of New-York, of the other part, witnesseth, that the said Nathaniel and his associates, covenant and agree to construct locks Nos. 1, 2, 3, 4, 5, 6, 7, 12, and 13, on the Oswego canal, in all respects to be similar to the locks already constructed at the village of Salina. Also to construct dams Nos. 4 and 5, on the Oswego canal. Also to construct all the culverts on the Oswego canal, and one aqueduct on the canal over Waterhouse brook.

For which the Canal Commissioners agree to pay the said Nathaniel and his associates, on the completion of the aforesaid work, as follows, to wit: for constructing locks Nos. 1, 2, and 7, seven hundred and seventy-five dollars per foot rise; for locks Nos. 3, 4, 12, and 13, seven hundred and fifty dollars per foot rise, and for locks Nos. 5 and 6, seven hundred and seventy dollars per foot rise; and for dam No. 4, $4.35, per foot rise; for dam No. 5, $1.65, per foot rise. Also for the culverts, one dollar and eighty-one cents per perch, and for the aqueduct, one dollar and eighty-seven cents per perch, and for the timber, two dollars per foot run.

And it is furthermore agreed by the said Nathaniel and his associates, that they will at all times during the progress of the work conform to such alterations as may be found necessary, and submit to such directions with regard to the construction of the aforesaid work, as they may receive from the Commissioners or their engineers; and if at any time, in the opinion of the principal engineer on said canal, the said Nathaniel and his associates, shall not prosecute the work with energy and effect, the said engineer shall have power to declare this contract abandoned, and the said Commissioners may thereupon let out the said work or any part thereof, to any other person or persons.

And it is further agreed by the parties hereto, that all questions arising in regard to the measurement, or to the execution of the work under this contract, shall be determined by the aforesaid principal engineer, whose decision shall be final and conclusive on the part of the said Nathaniel and his associates.

HENRY SEYMOUR, on behalf of

the Canal Commissioners.

N. ALLEN,

SAMUEL HECOX,
WILLIAM E. PERRINE.

About July, 1826, the foregoing contract was in part abandoned by the contractors, and the work abandoned was relet to J. B. King and J. E. Smith, as shown by the following contract. Before

any thing was done, however, under the contract of King and Smith, the former contractors, N. Allen & Co. purchased their rights under it, and became the persons in interest under that contract also.

(No. 2.)

This agreement made this 26th day of July, 1826, between Jno. B. King and Joseph E. Smith, of the first part, and the Canal Commissioners of the State of New-York, of the second part, witnesseth, that the party of the first part covenant and agree, that they will construct and complete locks Nos. one, two, three, six and seven, fof the Oswego canal, which said locks were let to Nathaniel Allen & Co., who after making some progress in their contract, in procuring materials and excavating foundation for the locks, have abandoned the same. And the said party of the first part agree to make use of all such materials as may have been procured for the said locks, by the former contractors, and procure at their own expense such other materials as will be required, and to do, or cause to be done, all the work necessary in excavating lock pits, preparing foundations, in constructing the masonry, gates and iron work, and in embanking, completing, and securing the locks in a perfect workman-like manner, and to the acceptance of the engineer on said canal. The dimensions, fashion, or form, and materials of said locks, shall be made as nearly similar to the locks at the village of Salina, as circumstances will admit. The said Commissioners, on their part, agree to pay to the party of the first part, for the completion of the said locks, as follows: for locks Nos. 1 and 2, at the rate of seven hundred and ninety-five dollars per foot lift, for No. 3, at the rate of eight hundred and fifty dollars, and for Nos. 6 and 7, at the rate of eight hundred and seventy-five dollars; deducting, however, therefrom the value of labour done by the former contractors, and also of all materials furnished by them, or by said Commissioners.

The work shall be commenced immediately, and finished as early as practicable; and it is furthermore agreed by the parties hereto, that if at any time, in the opinion of the aforesaid engineer, the said party of the first part shall not prosecute their work under this contract with sufficient diligence and effect, said engineer shall have power to declare the contract abandoned, and after such declaration the said Commissioner shall have full liberty to relet the construction of the said locks to any other person or persons.

The value of the labor performed, and the inaterials furnished by the first contractors, shall be estimated and determined by the aforesaid engineer. In witness whereof the parties have hereunto set their hands and seals, the day and year first above written.

J. B. KING,
J. E. SMITH, L. 8.

(No. 8.)

To the Honorable the Canal Board of the State of New-York:

The petition of the subscribers respectfully represent :

That in the year 1825, they entered into a contract with the Canal Commissioners, duly authorised for that purpose, for the building of nine locks, one aqueduct, and two dams, on the Oswego canal.

That when they entered into said contract, nothing was said to them, or in their hearing, either by the acting Commissioner or engineer, employed on said canal, about digging the lock-pits, preparing the foundations, or embanking the locks; and your petitioners being well acquainted with the manner in which such contracts were let and executed on the middle and western sections of the Erie Canal, had not the most distant idea, that they would be required to excavate the lock-pits, prepare the foundations and embank the locks, without being entitled to full pay for the same, over and above their contract price for building the locks; and they now respectfully ask to be paid for the same, at such price as the acting engineer on said canal shall judge to be just and reasonable.

Your petitioners further represent, that at the time of undertaking to build the said locks, they had examined the banks of the Oswego river, and found them to abound with handsome red freestone, such as they supposed would answer perfectly well to build the locks with. They had seen the quarries opened, the stone wrought and used for furnaces and other buildings, and fully believed they would be allowed to be put into the walls of the locks, but they were not; and your petitioners were required to procure the stone, for seven of the said locks, at Onondaga, about four miles south of the village of Geddes. From the quarries, these stone were transported by land to Geddes, thence by water through the canal, and down the Oswego river to the falls, a distance of about 28 miles, and from thence, some by water and some by land, to the different places where the locks were located. In procuring these stone, great and unforeseen expense was unavoidably incurred. The distance over which they were transported was great, and they were necessarily loaded and unloaded three times in their passage. On a part of their route toll was exacted, and they were much harder to cut, and prepare for use in the locks, than the stone originally calculated by your petitioners to be used. And besides, when they were required to be transported, the river was so extremely low and difficult to navigate, as very much to increase the expense of their carriage. For the other two locks, the stone were obtained at Chemeaunt Bay, about 60 miles from Oswego.

Of lock No. 1, the location was altered, after our contract was made, so as to compel us to excavate the lock pit in a bed of the most expensive hard pan.

When our contract was taken, we engaged to construct the locks, in all respects, similar to those already constructed at Salina, and we were afterwards directed to build them two feet longer, which