entirely subverted if any other power but the power of nature, left entirely to herself, was suffered to interfere in the formation or disintegration of submarine or subfluviatile property adjoining shores or uplands, or deprive any one of his easements or enjoyments and fisheries. (3.) Estimate of the cost and profit of a Ship Navigation substituted for direct exportation, to a Sloop intermediary Navigation as far as New-York. A Steam Towing Boat, valued at 30,000 dollars, and yielding 20 per cent. interest, amounting yearly to.. $6,000 00 Seven men at $2 per day, 240 days being reckoned a season, will cost.... Six cords of wood per day, at $4 per cord, amounts to 3,360 00 5,760 00 $15,120 00 One passage being made from New-York, or the Hook, in 48 hours to Albany, 240 days would make 120 passages, and if $15,120, including 20 per cent interest, is the amount of expense, the charge of the steam boat for towing a ship of 800 tons, one passage might be fairly valued at $126. Now if we compare with that estimate made by Captain Wiswall, well known by his experience in the steam navigation, the expense of transporting 800 tons or 8,000 barrels from Albany to New-York, by sloops, or by a ship propelled by a steam-boat, it will be found that the aggregate freight of the sloops, at 25 cents per barrel, would amount to $2,000. That the storage and wharfage in New-York, valued at six cents per barrel, would amount to $480, making in the whole $2,480, whilst the expense of towing a ship of 800 tons to and from New-York would only be $252, to which adding the canal toll of 204 dollars, the whole cost would be $456, leaving a profit of $2,024 in favor of a cargo of 8,000 barrels for exportation made at Albany instead of New-York, equal to one-fourth of the ordinary freight for Europe, and one-half for the West Indies. If Albany becomes effectually a port for Atlantic as well as for river vessels, there will be a clear profit of $4,000, to make up a cargo of 8,000 barrels of Genessee flour at that place instead of Quebec, inasmuch as it is reported that the transportation of a barrel of flour through the lakes to the latter place, amounts to $1.25, and that all the expense from Rochester to Albany, through the Erie Canal, does not exceed 75 cents per barrel of flour. 24 (4.) COMPARATIVE TABLE Of the trips performed in a season in the present state of the navigation of the Hudson, every thing supposed to be equal in point of diligence and industry, between the city of New-York and the places under-mentioned, by the sloops employed in the carrying or transportation trade on the river. If the best sloops of Albany do not perform, with a great deal of industry, more than 14 trips or 28 passages, the average freight of which, valued at $500, may bring to the owner for one season $7,000, it follows of course that the sloops of the city of Hudson, rated at the same tonnage and freight, bring $2,500 more than the sloops of Albany per season. But if it is considered that, favored by a canal navigation, (allowing one trip lost on account of the additional distance between Hudson and Albany,) the sloops of Albany could not perform more than 18 trips or 36 passages; and that the canal toll, at one cent per ton per mile, for one season, for a sloop of 80 tons, would be $374, and that the horse towing charge would be $72, making in the whole $446, the owner of an Albany sloop would make by her freight $8,554, offering a clear profit of $1,554 in favor of the canal navigation. But in reality, as the merchants of Albany could employ larger and sharper sloops with the same number of hands, and as the canal could be clear of ice one month longer than the river over the alluvions and dams, and as they could navigate the said canal in the darkest nights and thickest fogs, the profits on navigation would certainly be much increased. IN SENATE, January 23, 1833. REPORT Of the Canal Commissioners, on the petition of Og den Mallory. The Canal Commissioners, to whom was referred by the Honor able the Senate, the petition of Ogden Mallory, REPORT: The petitioner states, that some time in the month of May, 1826, he became the owner of a contract entered into between the Canal Commissioners of the State of New-York, and Abraham L. Beaumont and others. By which contract the said Abraham L. Beaumont together with Lawrence Barclay and James O. Cole, covenanted and agreed to construct locks Nos. 8, 9, 10 and 11 on the Oswego canal, to be in all respects similar to the locks on the Erie canal at Syracuse. The petitioner represents, that at the time he became the as signee of said contract, he was expressly informed by the assigners thereof, and he understood the terms of said contract to be, that the work contemplated to be performed, did not include the digging of the pits, or the making of embankments, or any excavations for said locks. That with this understanding he expended about sever thousand dollars towards completing the work specified therein. That after expending this amount, he for the first time was informed by the Canal Commissioners, that the contractors were bound to make all the excavations and embankments necessary for build ing said locks. The petitioner further represents, that upon remonstrating with the Commissioners upon the extreme hardship of the case, he was [Senate, No. 25.] 1 advised by them to finish his contract, and that he would receive compensation for all extra work beyond what was contemplated as being embraced in the terms of the contract. The petitioner further represents, that in accordance with this advice he finished the locks, and in so doing incurred a heavy expense, far beyond the amount of compensation specified in the con tract. The petitioner prays that an allowance may be made to him for all extra expense which he incurred in making the locks, or such other relief as to the Legislature shall seem just and proper. The present Canal Commissioners have no knowledge of the contract referred to, except what they have obtained from the petitioner and from the papers on file in the Comptroller's office. They understand from the petitioner, that the conversations mentioned by him in his petition as having been had with the Canal Commissioners, were with Henry Seymour, Esquire, then one of the Commissioners. By the papers on file in the Comptroller's office, it appears, that on the 10th day of August, 1825, a contract was entered into between Abraham L. Beaumont, Lawrence Barclay and James O. Cole of the one part, and the Canal Commissioners of the State of New-York of the other part, by which it was among other things agreed, that the said Abraham and his associates were to construct locks Nos. 8, 9, 10 and 11 on the Oswego canal, in all respects to be similar to the locks already constructed at the village of Salina, for which the Canal Commissioners agreed to pay for locks Nos. eight and nine, seven hundred dollars per foot rise, and for locks Nos. ten and eleven, seven hundred and fifty dollars per foot rise. It also appears, that on the 19th day of May, 1826, the petitioner took an assignment of all that part of said contract, for constructing locks Nos. 8, 9, 10 and 11, and was authorised by said assignment to proceed in the work as the contract directed, and empowered to receive the pay for the same. On the 29th day of February, 1828, the petitioner presented to the Canal Board a petition, for an extra allowance for constructing the four locks mentioned in the contract. The Canal Board on that day took testimony on the part of the petitioner, and on the third of March thereafter, made him an extra allowance on the following items: For difference in expense of procuring backing stone for lock No. 9, over estimate, Damage done to lock No. 11, in consequence of the Removing of lock pit,. Damage by floods to pit,. .... Excavation of pit worse than other, Increase in the length of locks, ... And in the excavation of foundation and embankment, $150 00 300 00 · 750 00 450 00 1,530 61 574 82 50 00 $3,805 43 The following estimate and receipt, is on file in the Comptroller's office: Estimation of Abraham L. Beaumont and Co's. contract on the Oswego canal, for section No. three and locks No. 8, 9, 10 and 11. Grubbing 1 miles, at the rate of $700 a mile,.... 18,307.20 cubic yards of earth excavated at 63 cents, $1,225 00 1,235 73 The Canal Board allowed to the contractor on this contract for extra expense in executing it,............. 3,805 43 $36,106 16 The above work is finished and accepted. WILLIAM JEROME, Engineer. HENRY SEYMOUR, Esq. Canal Commissioner. |