^ /M-
DOCUMENTS
RELATIVE TO THE
SUSQUEHAWNA CAAAL. COMPAJ^Y,
2d. The Correspondence between the Commissioners and the Proprietors
of the existing Canal within the limits of Maryland ;
3d. The Report of E. F. Gay, Esq., Civil Engineer, on the reconnaissance
of the route of the Canal from Columbia to the Maryland Line, and
his Estimate of the cost thereof.
( FOR THE EXTENSION OP THE
PENNSYLVANIA STATE CANAL
TO TIDE WATER ON THE CHESAPEAKE :)
COMPRISING,
Ist. The Act of Incorporation of Pennsylvania, passed April 15, 1835;
PUBLISHED BY ORDER OF THE COMMISSIONERS
Halttîîiûre :
PRINTED BY SANDS & NEILSON,
S. E. CORNER OF CALVERT AND MARKET-STS.
1835.
EXTEWSIOM
OF THE
PENNSYLVANIA STATE ^CANAL
From Columbia down the Susquehanna River to tide water
on the Chesapeake Bay.
At the last session of the Pennsylvania legislature, an act was passed,
authorising the construction of a Canal from the present termination of the
State works at Columbia, down the eastern side of the Susquehanna river, to
tide water on the Chesapeake Bay. The Commissioners whose duty un¬
der this Act is to superintend the subscriptions of the stock of the Company,
after mature deliberation at their general meeting convened in Philadelphia
on the 11th day of May, 1835, Resolved, 1st—That a reconnaissance of the
route of the proposed canal, as far as the same was comprehended within
the limits of Pennsylvania, should be forthwith made by an experienced
Engineer ; and 2d—That a letter should be addressed to the proprietors of
the existing Canal in Maryland—(reaching from the State boundary line to
Port Deposite, at tide water on the Chesapeake)—requesting the said pro¬
prietors to state what course they are prepared to adopt in reference to the
Act by which this Board of Commissioners is created.
It was also determined that the Pennsylvania Act of Incorporation ; the
Correspondence with the proprietors of the Canal within the State of Ma¬
ryland ; and the Engineer'^s Report on that part of the route between
the State line and Columbia, should be printed in pamphlet form, for public
information.
In conformity with these resolutions, a letter was addressed to the pro¬
prietors of the Canal in Maryland, which, together with their reply thereto,
is inserted herein, immediately following the Charter.
The services of Edward F. Gay, Esq. a civil Engineer of great practical
experience and high reputation, were promptly secured, in conformity with
the second resolution. This gentleman entered at once upon the duty of
making the desired reconnaissance, aided by an efficient corps of assistants.
His Report on the character of the route, and his Estimate of the cost of
the Canal, occupy the concluding pages of this pamphlet.
LAW OF PRNNSYLVANÍA--»No. 164.
AM A€T
To authorise the Governor to incorporate the Susquehanna
Canal Company.
Section 1. Be it enacted hy the Senate and House of Re¬
presentatives of the Commonwealth of Pennsylva7iia in General
nâssemhïy 7net.) and it is hereby enacted hy the authority of the
samCj That Robert McCurdy, Joseph M. Sanderson, Eviward
Coleman, Simon Gratz, Charles S. Boker, Henry White, ^ ,
George H. Hickling, of Philadelphia; Jeremiah Brown, James ■
A. Caldwell, of Lancaster county ; Evan Green, of Columbia,
Lancaster county; Charles A. Barnitz, York, in York county;
Jacob M. Haldeman, Harrisburg; Simon Cameron of Middle-
town; James Hepburn, John C. Boyd, of Northumberland
county; Joseph Todhunter, William Bose, Samuel Jones, of
Baltimore; James Evans, Port Deposite ; Roland Curtin, Cen¬
tre county; William McKelvey, of Columbia county; George
M. Hollenback of Luzerne county, or a majority of them, be
and they are hereby appointed commissioners to do and perform
the several things hereinafter mentioned, that is to say: they
shall on or before the first Monday of August next, procure
books, one or more of which shall be opened at some conve¬
nient place or places in which the following entries shall be
made : " We whose names are hereunto subscribed do promise
to pay to the Susquehanna Canal Company, fifty dollars for -porm of sub-
each share of stock set opposite to our respective names, in scription.
such manner and proportions, and at such times as shall be
determined by the president and managers of said company, in
pursuance of an act to authorise the Governor to incorporate a
company to make a canal navigation from the termination of
the Pennsylvania canal, at Columbia, in Lancaster county, to
the Maryland line. Witness our hands this day of
A. D. eighteen hundred and and said
commissioners shall thereupon give notice in at least
newspaper printed in each of the cities of Philadelphia, Lan-
caster, Harrisburg and Baltimore, for two weeks, of the times where books
and places when and where the said books are to be opened, are to be
to receive subscriptions for the stock of said company, at opened,
which respective times and place or places, at least two of the
said commissioners shall attend and permit all persons of law¬
ful age, who shall offer to subscribe in said books, in their own
name or the name of any other person, who shall authorise the
same for any number of shares in the said stock : and the said
books shall be kept open for the purpose aforesaid, for at least
four hours in every juridical day, for the space of three days,
or until there sh P be subscribed five thousand shares ; and if of shares
at the expiration o " said three days, there shall not be subscrib- 5000.
G
Proviso.
Sd Proviso.
When 5000
shares are
subscribed,
commissione rs
shall certify to
Governor.
Style & title.
Privileges and
liabilities.
Organization
of company.
Election of
officers.
ed upon the books aforesaid^ the number of shares aforesaid,
the said commissioners muy adjourn from time to time, and
transfer the said books elsewhere, until the whole number of
five thousand shares shall be subscribed, of which adjourn¬
ment and transfer, the commissioners shall give such notice as
the occasion may require, and when the whole number of five
thousand shares shall be subscribed, the said books shall be
closed: Provided always^ That every person ofiering to sub¬
scribe in said books, in his own or any other person's name,
shall previously pay to tlie attending commissioners the sum
of five dollars on each share to be subscribed, out of which
shall be defrayed the expenses attending the taking of such
subscriptions and other incidental expenses, and the remainder
shall be paid to the treasurer of the corporation, as soon as the
same shall be organised, and the oflicers chosen as hereinafter
mentioned : Jlnd provided further^ That the whole number of
shares subscribed before the organization of the company, shall
not exceed thirty thousand, and if an excess above the said
number be subscribed, the commJssioners shall reduce such
excess proportionally among the subscribers.
Section 2. When the said five thousand shares shall have
been subscribed by ten or more persons, the commissioners or
a majority of them, shall certif3r to the Governor, under their
hands and seals, the names of the subscribers and the number
of shares subscribed by each, whereupon the Governor shall
by letters patent under the greater seal of the Commonwealth,
create and constitute the subscribers into a body politic and
corporate by the name, style and title of the Susquehanna Ca¬
nal Company, and by the same name, the said subscribers shall
have perpetual succession, and all the privileges and franchises
incident to a corporation, and shall be capable of taking and
holding their capital stock, and the increase and profits there¬
of, and of enlarging the same by new subscriptions, in such
manner and form as they may think proper, if such enlarge¬
ment shall be found necessary to fulfil the intention and pur¬
poses of this act, and of purchasing, taking and holding to
them, their successors and assigns, in fee or for any less estate,
such lands, tenements, hereditaments and estate real and per¬
sonal as shall be necessary to them in the prosecution of their
business as a canal company, and of suing and being sued, and
doing other matters and things which a body politic and cor¬
porate may lawfully do.
Section 3. The commissioners hereinbefore named or a
majority of them, shall as soon as conveniently may be after
the said letters patent have been obtained, give at least ten days
notice in the newspapers hereinbefore mentioned of a time and
place by them appointed for the subscribers to meet, in order to
organize the said company, and to choose by a majority of
votes of the subscribers given in person or by proxy duly au¬
thorised, one president, twelve managers and a treasurer, and
such other officers as shall be deemed necessary to conduct the
business of the said company until the second Monday of May
next ensuing, and until like officers shall be chosen; and the said
president and managers may make then or at any subsequent
meeting, such by-laws, rules, orders and regulations as do not
contravene the constitutions and laws of the United States or of
this State, and may be convenient or necessary for the well
governing of the affairs of the said company.
Section 4. The stockholders shall meet annually on the tneeting-
second Monday of May of each year, at such place as may be election of
fixed upon by the board of managers, of which at least ten days officers, &c.
notice shall be given by the treasurer, in the newspapers before
mentioned, and choose by the votes of a majority of those pre¬
sent, in person or by proxy as aforesaid ; the officers mention¬
ed in the third section of this act, who shall continue in office
for one year and until others are chosen, and at such other
times as they shall be summoned by the managers in such
manner and form as shall be prescribed by the by-laws; at
which annual or special meeting, they shall have full power
to make, alter or repeal by a majority of votes in manner afore¬
said, all such by-laws, rules, orders and regulations made as
aforesaid, and to do all or any other corporate act or acts, and
every person holding ten or any less number of shares of said Ratio of vote»
stock, shall be entitled to one vote for every share so held to shares,
at any election for officers of said company or other meeting
of stockholders, and one vote for every additional ten shares :
Provided^ TïibX no number of shares shall entitle the hold-
er thereof to more than twenty-five votes : ^nd provided^ proviso
That the omission of the stockholders to meet and elect as ^ ^ -
aforesaid, shall work no forfeiture, but they may be afterwards
called together for that purpose by the managers.
Section 5. The said president and managers shall meet at
such times as shall be found by them most convenient, and Duties of
when met seven shall form a quorum,who in the absence of the managers,
president shall choose a chairman and keep minutes of all their
proceedings fairly entered in a book, and a quorum being form¬
ed shall have full power to appoint surveyors, engineers, su¬
perintendants and all other artists and officers necessary to car¬
ry on their intended works, to fix their salaries and wages, to
ascertain and direct the times, manner and proportions in which
the stockholders shall pay the moneys due on their respective
shares, and to draw orders on the treasurer: Provided^ Such or- proviso,
ders be signed by the president or in his absence by the presi¬
dent pro. tern, or a majority of the quorum present, and gene¬
rally to do all such other acts, matters and things as by this
act and by their by-laws and the regulations of the company
they are authorised to do.
Section 6. The president and managers shall as soon as is
convenient, procure certificates or evidences of stock for all the Certificates of
shares of the said company, and shall deliver one such certifi- stock.
8
J»,--
Transferable.
Emoluments
and penalties
Penalty for
non- payment
bf instalment.
Proviso.
Right to
occupy land
for construc¬
tion, &c.
èate, signed by the president, and countersigned by the treasir
rer and sealed with a corporate seal of the said company, to
each person for every share of stock by him subscribed or
held, he paying five dollars for each share, or at the option of
the subscriber one certificate for the whole or any less num¬
ber of shares by him subscribed, which certificate or evidence
of stock shall be transferable at his pleasure, in person or by
attorney duly authorised, in the presence of the president or
treasurer, who shall keep a book for that purpose, subject how¬
ever to all payments due or to become due thereon, and the as¬
signee holding any certificate, having first caused the assign¬
ment to be entered in the books of the company kept for the
transfers of stock, shall be a member of said corporation, and
for every certificate assigned to him, as aforesaid, shall be en¬
titled to one or more shares of said capital stock, according to
the tenor of said certificate, and of all the estates, emoluments
• and dividends of the said company incident to such shares,
and to vote as aforesaid, at the meetings thereof, and be sub¬
ject to all penalties and forfeitures, and to be liable for all bal¬
ances and penalties due on such share or shares as the original
subscribers would have been.
Section 7. If after thirty days notice in the public papers
aforesaid, of the time and place appointed for the payment of
any proportion or instalment of the said capital stock, in order
to carry on the work, any stockholder shall neglect to pay such
proportion or instalment, at the place appointed, for the space
of thirty days after the time so appointed, every such stock¬
holder or his assignee shall in addition to the instalment so
called for pay at the rate of two per centum per month for the
delay of such payment, and if the same and additional penalty
shall remain unpaid for such space of time as that the accumu¬
lated penalty shall become equal to the sums before paid, in
part and on account of such shares, the same shall be forfeited
to the said company, and may be sold to any person or per¬
sons willing to purchase, for such price as can be obtained for
the same ; or in default of payment by any stockholder of any
such instalment, as aforesaid, the said president and managers
may at their election cause suit to be brought before an alder¬
man or justice of the peace, or in any court having competent
jurisdiction for the recovery of the same together with the pen¬
alty aforesaid : Provided^ That no stockholder, whether origi¬
nal subscriber or assignee, shall be entitled to vote at any elec¬
tion, or at any general or special meeting of the said company,
on whose share or shares any instalment or arrearages may be
due and payable more than thirty days previously to the said
election or meeting.
Section 8. The said president, managers and company shall
have power and authority, by themselves or their superinten¬
dents, engineers, artists and workmen, to enter in and upon and
occupy for the purpose, all the land which shall be necessary
and suitable for constructing said canal, doing as little damage
9
as possible thereto, and dig, construct, make and erect such ca¬
nal, satisfying the owner or owners thereof, but if the parties
cannot agree upon the compensation to be made to such owner or How compen-
owners, it shall and may be lawful for the parties to appoint six
suitable and judicious persons, who shall be under oath or af¬
firmation, or if they cannot agree on such persons then either
of the parties may apply to the court of Common Pleas of the
proper county, and said court shall award a venire directed to
the sheriff to summon a jury of disinterested men in order to
ascertain and report to the said court what damages, if any,
have been sustained by the owner or owners of said ground by
reason of such canal passing through his, her or their land,
which report being confirmed by the court, judgment shall be
entered thereon and execution may issue in case of non-pay¬
ment for the sum awarded, with reasonable costs to be assess¬
ed by the court; and it shall be the duty of the jury, or the six
appraisers, as the case may be, in valuing any land to take into
consideration the advantage derived to the owner or owners of
the premises from the said navigation passing through the
same : Provided^ That either party may appeal to the court
within thirty days after such report may have been filed in the
prothonotary's office of the said county, in the same manner as
appeals are allowed in other cases : ^nd provided also^ That if
any person owning land or any other property which shall be
affected by this act, be feme covert, under age, non compis
mentis or ou t of the State, then and in either of the cases the
president, managers and company, shall within one year repre¬
sent the same to a neighboring justice of the peace, or to the
court of Common Pleas of the said county, as the case may be,
who shall proceed thereon in the same manner and to the same
effect as is directed by this act in similar cases.
Section 9. The president and managers, their superinten-Right of
dents, engineers, artists, workmen and laborers,with their tools, entry on
instruments, carts, wagons and other carriages, and beasts of
• tintions tor
burden or draft, may enter upon the lands contiguous to the materials &c.
route of the said canal, giving or publishing notice to the own¬
ers thereof, and from thence take and carry away any stone,
gravel, sand, earth or other material necessary to the construc¬
tion of said canal, doing as little damage as possible, and repair¬
ing any breaches they make in the enclosures thereof, and ma¬
king amends for any damages that may be done thereon, and Make amends
paying for the materials taken away ; the value thereof, if the damages,
parties do not agree, to be assessed and ascertained by any
three disinterested freeholders of the said county, under oath or
affirmation, to be appointed by consent of parties, or if they ^ j
cannot agree, by the court of Common Fleas of the said coun- notico to be
ty, upon petition, from whose decision an appeal may be en- given to the
tered as in the eighth section of this act. Governor,
Section 10. As soon as the said president, managers and who shall
company shall have completed the said canal or navigation, appoint three
they shall give notice thereof to the Governor,who shall there-
10
Upon report
in the affirma¬
tive, the
Gov'nor shall
license to re¬
ceive tolls.
Tolls shall not
be less than
Philadelphia
^nd Columb.
rail roads.
Proviso.
2d Proviso.
Of tolls.
Accounts
annually to
be submitted
te stockhold's.
Upon nominate and appoint three disinterested persons to view
and examine the same, and report to him in writing, under oath
or affirmation, whether the said navigation is executed in a
masterly, workmanlike manner, according to the true intent
and meaning of this act; and if their report shall be in the af¬
firmative, then the Governor shall by license under hand, and
the less seal of this Commonwealth, permit the said president,
managers and company, or such person or persons as they
shall from time to time appoint as toll collectors or their de¬
puties, to demand and receive toll of and from the persons ha¬
ving the charge of any boat, ark or other vessel passing through
said canal; (the tolls and charges on this canal shall not at any
time be less than those which shall from time to time be charge
ed on the Philadelphia and Columbia rail road, with the excep-»
tion of those on coal, iron and lumber ; and the said Susque¬
hanna Canal Company shall guarantee to this Commonwealth,
that the tolls and charges on the Conewingo canal shall
be at all times uniform with those charged on said Susquehan¬
na canal:) Provided^ That if at the expiration of two years
after the said work shall be completed, the tolls should enable
the company after paying all repairs and other necessary ex-^
penses, to divide more than ten per centum per annum on the
capital stock expended, then and in such case the tolls shall be
so reduced that the dividends shall not exceed ten per cent, and
shall so continue for five years ; and if at the expiration of that
time, they shall exceed ten per cent, they shall be so reduced
as not to exceed ten per cent, and shall after that period be so
regulated from time to time as not to exceed ten per cent, per
annum ; and if at any time after the expiration of two years from
the completion of the said work, the nett profits aforesaid shall
not amount to six per cent, upon the money expended, it shall
be lawful to raise the said tolls so as to divide six per cent :
Provided^ That the Legislature reserve the right to regulate the
tolls on said canal at any time hereafter, in such planner as
they shall think proper.
Section 11. The toll collectors appointed as aforesaid, shall
and they are hereby authorized not to permit the passage of any
boat or vessel through the said canal, until the tolls fixed by the
company are first paid and discharged by the owner, shipper or
supercargo ; or may bring suit for the same against said
owner, shipper, supercargo or captain, before any compe¬
tent tribunal, according to law, in the name of the said company.
Section 12. The president and managers of the said com¬
pany shall keep fair and just accounts of all moneys received
by them from the said commissioners and subscribers, on ac¬
count of the several subscriptions, of all penalties for delay in
the payment thereof, and fiie amount of the profits on the
shares which may be forfeited as aforesaid ; and also of all
moneys by them expended in the prosecution of the said works,
and shall in every year submit such accounts of the stockhold-
,ers at their annual meeting, to choose officers of the company,
11
and the aggregate amount of such receipts and expenditures
shall be ascertained, and if upon such liquidation or when the
capital stock subscribed shall be nearly expended, it shall be
found that the said capital stock will not be sufficient to com¬
plete the said navigation according to the true intent and mean¬
ing of this act, it shall and may be lawful for the said president,
managers and company, at a stated or special meeting to be
convened for the purpose, to increase the number of shares to » e
JllCr63.S0 ot
such extent as may be deemed sufficient to accomplish the work, capital stock.-
and to receive and demand the moneys for shares so subscri¬
bed, in like manner and under like penalties as are hereinbefore
provided for the original subscription or as shall be provided by
their by-laws.
Section 13. The said president, managers and company
shall also keep a just and true account of all the moneys re- annual
ceived by their several and respective collectors of tolls and
other emoluments, and shall make and declare à fair divi¬
dend of the clear profits and income thereof, among all the
stockholders, all contingent costs and charges being first
deducted ; and shall on the second Monday in November, and
the second Monday in May, every year publish the half yearly
dividends made of the clear profit, and the time when and
where the same will be paid to the stockholders, not exceeding
twenty days thereafter, and shall cause the same to be paid ac¬
cordingly : that on the first Monday in February of every year Abstract of
after the date of this incorporation, there shall be furnished to be^^rnished'
the Legislature an abstract of the accounts of the company, annually to
showing the whole amount of their capital actually paid in, the Legislature,
amount of transportation in each year, and the amount of divi¬
dends declared in each year or the losses sustained, as the case
my be ; which abstract shall be verified by oath or affirmation
of the president of the company for the time being.
Section 14. If the president, managers and company shall ^
not proceed to carry on the said work within three years from commence °
the passing of this act, and shall not complete the navigation as work within
aforesaid, in seven years according to the true intent and mean- 3 and finish
ing of this act, then and in either of those cases, all and singu- years,
iar, the rights, privileges, liberties and franchises hereby grant- .
ed to said company, shall revert to the Commonwealth, the ^
Legislature reserves to itself the right to amend, alter or annul
the charter hereby granted, if it shall at any time appear that the
privileges granted by this act operate to the injuryof the Com¬
monwealth, an abuse of the chartered privileges hereby granted.
Section 15. The said company may demand and take such
securities from their officers and agents, and in such sums as faithful disch.
may be fixed by the by-laws or by resolution of the board, for of duties,
the faithful discharge of their respective duties. No banking,
Section 16. The said canal company shall not engage
' 1. %/ o o /N** niQ nII rsi
V • .n* 11* *1 *1 llicLl-iLilcLO
directly or indirectly m any banking, monied, commercial or g concern
manufacturing concern, or in the transportation or storage of allowed.
Í2
Canal not to
obstruct pub-
lis roads.
Causeway or
bridge to be
made.
Penalty for
neglect.
Private
bridges to be
made.
Proviso.
any merchandize, lumber, coal, grain, flour or other articles,
nor shall they hold, erect or own any other lands, buildings,
wharves or docks, than such as are necessary and convenient
for their business as a canal company.
Section 17. The said canal shall beso constructed as not
to obstruct or impede the use and passage of any public road or
roads which may cross the same, and being now laid out, and
in all places where said canal may cross or interfere with any
public road now laid out, it shall be the dnty of the said com¬
pany, to make or cause to be made a good and suflicient cause¬
way or bridge to enable persons passing or travelling such
public roads, to cross or pass the said canal ; which causeways
and bridges shall be made and maintained by the said company,
and if the company shall neglect or refuse to make such cause¬
ways or bridges, as soon as practicable or when made to keep
them in good repair, they shall be liable to pay a penalty of ten
dollars for every day the same shall be neglected or refused,
after having been notified in writing, to be recovered by the
supervisors of the township with costs, for the use of the town¬
ship, as debts of a like amount are by law recoverable ; and
shall moreover be liable to an action or actions, at the suit of
any person who may be aggrieved thereby, and the service of
process upon any officer or agent of the said company, shall
be as good and available in law as if served upon the president
thereof.
Section 18. For the accommodation of all persons owning
or possessing lands through which the said canal may or shall
pass, it shall be the duty of said company when required, to
make or cause to be made a good and sufficient bridge or bridges
wherever the same may be necessary, to enable the occupant
or occupants of said lands to cross or pass over the said canal
with wagons, carts and implements of husbandry, as the occa¬
sion may require : Provided^ That said company shall in no
case be required to make or cause to be made more than one
bridge on each plantation or lot of land, for the accommoda¬
tion of any one person owning or possessing land through
which the said canal may pass, and where any public road
shall cross the said canal, the person owning or possessing
land through which the said canal may or shall pass, shall not be
entitled to make such requisition on said company, and the said
bridge or bridges when so made and constructed shall be main¬
tained and kept in repair by the said company,and if the said com¬
pany shall refuse or neglect to make such bridge or bridges, or
when made to keep the same in good repair, when duly notified
thereof, the said company shall be liable to pay any person ag¬
grieved thereby all damages sustained by such persons in con¬
sequence of such refusal or neglect, to be sued for and recov¬
ered before any justice of the peace or court having cogniz¬
ance thereof, and the service of process upon any officer or agent
of the said company shall be good and valid in law as if served
13
lipon the président thereof : Provided,^ That the owner or own- 2d Proviso^
ers of land through which said canal passes, shall not be
prevented from constructing bridges over said canal agreeably
to the form and position of the bridges constructed by said
company.
Section 19. No suit or action shall be brought or proseen- Suits must be
ted by any person or persons for penalties incurred under this commenced
act, unless said suit or action shall be commenced within six within six
months next after the offence shall have been committed or the "^^^ths.
cause of action have accrued, and the defendant or defendants
in each suit or action may plead the general issue and give this
act and the especial matter in evidence and that the same was
done in pursuance and by authority of this act.
Section 20. At any time hereafter it shall be lawful for the Common-
Commonwealth to purchase the said canal from the said com- wealth's right
pany, by paying to the said company the original cost expend- to purchase,
ed in the construction thereof, and the subsequent expenses
together with six per cent, interest thereon, deducting from the
sum of principal and interest aforesaid, the dividends before de¬
clared by the said company on the capital stock; and on the
payment thereof by the Commonwealth to the said company, in
such manner and form as shall be agreed upon by the said com¬
pany and by agents duly authorized by the Commonwealth, all
and singular the canal aforesaid, with its appurtenances shall be
vested in the Commonwealth, and the corporate rights hereby
granted shall thereupon cease and determine, excepting so far
as the same may be necessary in the settlement of the concerns
of said company.
Section 21. If any person or persons shall wilfully and
knowingly break, injure or destroy the banks, locks or other' fnjury
part of said canal or any edifice or device or any part thereof, to works,
to be erected by the said company, in pursuance ojf this act, he,
she or they shall for every such offence, forfeit and pay to the
said company three times the actual damages so sustained, to
be sued for and recovered with costs of suit in any court hav¬
ing cognizance thereof, by action of debt, in the name and for
the use of said company; and shall also be subject to indict¬
ment in the court of Quarter Sessions of the proper county, and
upon conviction of such offence, shall be punished by fine and
imprisonment, at the discretion of the court.
Section 22. The Susquehanna canal company shall con- «
• L •/ iJoniiGxioti
nect their canal with the Pennsylvania canal, at or near the town ça,nal with
of Columbia, in Lancaster county., or at any other point which Penn. canal
they may consider more advantageous and beneficial, or more
eligible for the purpose of feeding said canal from the Susque¬
hanna river; and in the location of said Susquehanna canal, it
shall be done in such manner, as to form an extension to the
Pennsylvania canal, and the said Susquehanna canal shall be
located and constructed on the eastern side of the Susquehanna
river : Provided, That all expenses created by said connexion,^proviso.
14
2d Proviso.
3d Proviso.
Company
authorized to
procure right
from State of
Maryland to
extend eanal
to tide water.
Proviso.
2d Proviso.
shall be paid by said compaiîy : Jlnd provided further^ That
the said company in the prosecution of their work, shall not un¬
necessarily impede the navigation of the Susquehanna \ and if
any part of the navigation channel of said river shall at any
time be necessarily interrupted in the progress of the said works,
the same shall be cleared, or another channel shall be formed
on the completion thereof, and made as safe for all purposes of
navigation, as before the commencement of said works : Provi¬
ded also, That in forming a connexion with the Pennsylvania
canal, it shall be done at such time, so as not to interfere
with the business of the Pennsylvania canal, and in such man¬
ner as shall be approved of by the board of canal commis¬
sioners.
Section 23. And whereas,Úie objectof this actis to connect
the Pennsylvania canal with the tide water of the Chesapeake
bay, by a uniform canal navigation, and to effect this, it will be
necessary to extend the canal hereby authorized, through a part
of the State of Maryland. It is therefore enacted that the said
company hereby incorporated, be and they are hereby author¬
ized and empowered to procure the right from the proper au¬
thorities of the State of Maryland, to extend the said canal from
the Pennsylvania line to some point at tide water, on the Chesa¬
peake bay, which may be determined upon by the said compa¬
ny, or to connect with any other canal, so as to form a con¬
tinuous line of canal from Columbia to the Bay mentioned :
Provided, That the said Susquehanna canal company shall
guarantee to this Commonwealth before the commencement of
the Susquehanna canal, that the said extensions shall be loca¬
ted or constructed on the eastern side of the Susquehanna river :
Provided, That the charter or grant which shall be obtained
from the said State, for the purpose aforesaid, shall stipulate
that no higher or other tolls or charges shall be made or exacted
on so much of the said canal, as shall be located within the
said State, than are permitted to be charged by the provisons of
this act, on that portion of the said canal which shall be located
in the State of Pennsylvania ; and in default of such stipulation
within three years from the passage of this act, the Legislature
of this Commonwealth reserves the right to make such altera¬
tions and additions to the charter hereby authorized, as may
be deemed just and expedient.
JAMES THOMPSON,
Speaker of the House of Representatives.
THOMAS S. CUNNINGHAM,
Speaker of the Senate.
Approved—The fifteenth day of April, Anno Domini,
eighteen hundred and thirty-five.
GEO. WOLF.
CORRESPONDENCE
WITH THE
PROPRIETORS OF THE SUSQUEHANNA CANAL COMPANY.
Philadelphia, May 1835.
Gentlemen :
At a meeting held this day of the Commissioners named in
the act of the Pennsylvania legislature to procure subscriptions to stock for
extending the Pennsylvania Canal to some point on the Chesapeake Bay,
the following resolution was adopted :
''Resolved^ That the Chairman of the Commissioners address a letter to
" the proprietors of the Susquehanna Canal Company of Maryland, request-
ing the said proprietors to state what course they are prepared to adopt in
" reference to the act of incorporation, by which this Board of Commissioners
« is created, and that the reply of said proprietors be published with the
" charter and engineer's report."
As a measure preparatory to the sale of the stock it is deemed advisable
to have ascertained—
1st. If you are disposed to sell your Canal and the privileges connected
therewith, to the company proposed to be organized under the law of Penn¬
sylvania, and if so, at what price ?
iid. If not disposed to sell, will you guarantee that your canal shall be en¬
larged to similar dimensions with that which the contemplated company
shall construct—and double lock it if necessary.
3d. In the latter case will you guarantee that the tolls charged on your
Canal shall not exceed in amount those charged on the Canal proposed to
be constructed ?
The foregoing queries will more fully express the information intended
to be obtained by the above resolution. I will be obliged to you to for¬
ward your answer through W. Bose, Esq. to whom you will be good
enough to hand it unsealed. I also beg leave to refer you to Mr. Bose for
any further information which you may desire to obtain respecting the
views of the Commissioners.
Very respectfully,
I am, &c.
JAS. HEPBURN, Chawman^
The Governor and Directors of the
Susquehanna Canal Company.
16
Baltimore, 23íí May^ 1835.
Sir :
Lv answer to the questions you have put to the Governor and
Directors of the Susquehanna Canal Company, by your letter of the 11th
instant, 1 am directed to say,—
First—The Susquehanna Canal Company will be disposed to name a
reasonable price for their interest in the present Canal, so soon as the new
company you represent shall be in a situation to treat with them for a pur¬
chase. Or,
Second—If such sale be not made, then the Susquehanna Canal Company
will make their canal from the Maryland line to tide, of the same size and
capacity for all the purposes of navigation, as the Pennsylvania Canal, and
will double the locks if necessary. And
Third—In this case, the Susquehanna Canal Company will charge no
higher rate of tolls per mile, for the use of their Canal, than shall be charg¬
ed per mile on the Canal from Columbia to the Maryland line, provided said
tolls are not made so low as to lessen the net revenue from such tolls below
six per cent, per annum on the cost of the Canal.
Your most obt. servant,
ROSWELL L. COLT, Governcrr
of the Sus, Ca. Co,
Jas. Hepburn, Esq., Chairman,^
jyorthumberland^ Pa,
ENGINEER'S REPORT.
Lancaster, ^th June^ 1835.
William Bose, Esq.
Dear Sir :—Inclosed I send you a copy of the Report of Mr.
Oay, the Engineer, relative to Iiis reconnaissance of the River Susquehan¬
na from Columbia to the Maryland line, together with his estimate of the
cost. The estimate is probably higher than was expected. Mr. Gay con¬
siders that the item called " rough embankments" may be made at less ex¬
pense than his estimate, but he has in all cases placed the different parts of
the work at the highest cost which similar work has been contracted for on
the Pennsylvania canal ; and he assures me that instead of exceeding, the
proposed work will probably fall short of its estimated cost. Consider¬
ing his reputation at stake in this matter, and knowing the common error
which many of his profession have committed in greatly underrating the ex¬
pense of works of internal improvement proposed to be executed, it has
been his study to place a full outside valuation on the projected canal, rath¬
er than an insufhcient and deceptive statement of its probable cost.
Very sincerely,
Yours, See.
EDWARD COLEMAN.
TO THE COMMISSIONERS OF THE SUSQUEHANNA CANAL
COMPANY.
Gentlemen :
Having, pursuant to your instructions, made a reconnaissance
along the eastern bank of the Susquehanna river, from Columbia to the Ma¬
ryland line^ with a view to ascertain the practicahility and prohalle cost of
constructing a Canal between those points, I have now the honour to re¬
port to you the result of my labours.
The character of the Susquehanna valley below Columbia differs essen¬
tially from that above. Instead of a river having a moderate descent, and
bordered with extensive ranges of bottom, or flat lands, which afford favour¬
able ground for a canal, as is the case above Columbia, the river below is
found to be rapid in its descent to tide water, and for about two-thirds of
the distance to the Maryland line, it washes the hase of precipitous, rocky
hills, varying in height from one to three hundred feet above the water sur¬
face. The river bank is naturally rough, and presents several rocky points,
which form prominent obstacles to the construction of a cheap canal ; yet
3
18
the difficulties to be encountered are not as great as common report has re¬
presented them, and I take pleasure in assuring you that it is entirely prac¬
ticable to construct a permanent Canal upon the route examined from Co¬
lumbia to the Maryland line.
Commencing at Columbia, the line is carried over ground tolerably fa¬
vourable for a canal about four and a half miles, (passing the villages of
Charlestown and Washington) to the head of Turkey llill^ where the
shore becomes abrupt, and continues so to the Maryland line, with the ex¬
ception of live or six intervals, varying in length from one quarter to one
mile each, where narrow fíats occur, which are favourably adapted to the
proposed level of the canal, and will materially serve to balance the expense
of the more formidable obstacles to be encountered on the route.
The face of the river hill, along the base of which the canal must be con¬
structed, rises generally with an acclivity varying from 30 to 45 degrees, but
in several instances, the rocks rise vertically from the water surface to the
height of fifty or sixty feet, then fall back with a slope of from five to ten
degrees, for sufiicient width for the canal. These points, however, are few^
and I am pleased to say, short in extent. It is worthy of remark, that, with
the few exceptions above alluded to, the entire extent of the hill presents at
its base a favourable, although rough surface of solid rock, from one to ten
feet above the river, for the foundation of a permanent protection walL
And in but one or two single instances, will it be necessary to base the
wall in the water. The river has in all cases sufficient fall to allow of the
canal being located above the reach of the highest freshes, if it should be
thought advisable to do so, and the bank is decidedly more favorable for
preserving a high level, than a low one—which will tend materially to fa¬
cilitate the construction of the work.
From the head of Turkey Hill to the Maryland line, the river hill is com¬
posed entirely of gneiss rock.^ which is of a nature easy to quarry, and with¬
out difficulty wu'ought into suitable forms for building heavy walls. In¬
deed, but for this characteristic in a rock which abounds to such an unusu¬
al extent along this line, the practicability, or at least the expediency of
constructing the canal, might well have been doubted. For if, in addition
to the great amount of rock excavation required, it had been necessary to
procure stone from a distance for the purpose of walling, the cost of the
work would have been extended beyond an amount of capital that could
ever have proved productive. Fortunately, however, this is not the case»
The materials of an excellent quality for the required walls are found both
abundant and convenient ; and the face of the hill slope, which is in most
cases covered with a light coat of earth, and a heavy growth of timber, will
yield in common a sufficiency of coarse materials to form the rough exte¬
rior of the embankments.
Considerable difficulty will be experienced in obtaining lining for the in¬
terior surface of a large portion of the canal. It cannot be found along the
shore, or hill face, and must therefore be procured through the aid ofshutes
from the top of the hills, which will necessarily render it a heavy item in
the cost of construction. This is, however, by no means a novel method of
procuring lining; it has frequently been resorted to with success upon oth¬
er canals.
The only streams of importance which flow into the Susquehanna, upon-
the route examined, are the Conestogo and Fequea—both of which it is
19
proposed to take into the canal as feeders. Several small streams are cross¬
ed on the route, viz : Tucquow, Muddy, Fishing and Peters' creeks, all or
either of which can be taken in, or passed under the canal, as may be deem¬
ed most expedient.
The whole length of the canal from Columbia to the Maryland line, is
twenty-nine miles, and the fall, or lockage, 157 feet. Its cost will be found
by reference to the annexed estimate in detail, to be, (if constructed with
ingle locks,) $1,710,000
Or with double locks, {which I ttmild decidedly recommend^) 1,817,587
This estimate has been made out with much care, from notes taken dur¬
ing the examination, at each sixteen rods in length of the entire line, and
liberal allowances have been made for walling, rock, lining, embankment,
locks, bridges, dams, culverts, and all other work likely to occur on the line.
Having personally superintended the construction of some of the heaviest
work upon the Pennsylvania canals, I am enabled (from a careful compari¬
son of the difficulties there encountered, with those which are found on the
route of this canal,) to present the estimate with full confidence in its suffi¬
ciency to complete the canal in a permanent and workmanlike manner ;
and also, to add the assurance, that if the work is commenced during the
present summer, and urged with proper diligence, it can be finished during
the autumn of J 837, or, at latest, in readiness for the openinsr of spring nav¬
igation in 1838.
Notwithstanding the unusual expense attendant upon the construction of
this canal, I cannot close this report without expressing my opinion, that
when completed, its value as a source of revenue to its stockholders, will
fully equal that of any other improvement of the same length now extant in
this country. Indeed, few enterprizes, at the present time, offer to capital¬
ists as fair a prospect of reward for stock invested, as the proposed canal
from Columbia to tide water.
\
If this assertion is doubted, I would respectfully refer such as doubt to
the map of Pennsylvania, where a single glance at the district of country
watered by the Susquehanna and its tributaries, should be sufficient to con¬
vince any one (at all acquainted with the unbounded resources of the State,
to he fgund in her mineral and agricultural productions^ and in her im¬
mense forests of valuable timber)—that this canal, tlie natural outlet of a
splendid system of State improvements, has only to he completed, to prove
immediately productive. The route of the proposed canal itself is far from
being destitute of the means of contributing towards its own support. The
Conestoga navigation, (extending from the Susquehanna river to the city of
Lancaster,) has upon it a large and valuable amount of water power, which,
with the trade incident to a rich, fertile, and populous county, will render
this improvement an auxiliary to the canal. The extensive limestone quar¬
ries, and iron works in Pequea valley, and the slate quarries at Peachbottom
will also serve to increase the amount of its revenue.
As the examinations for the proposed canal terminated at the Maryland
line, I would here remark, that it will be necessary to extend the work
from one-half to one mile, so as to connect with the Maryland Canal. An
enlargement and improvement of that work should also be made, so that
the entire Canal from Columbia to tide may form a perfect work, of e^ual
dimensions with the Pennsylvania Canal.
20
ït was originally my intention to have given in this report a detailed
description of all the prominent obstacles to be encountered in the con¬
struction of the Canal, from Columbia to the Maryland line, together with
the methods proposed for surmounting them, but as other duties have inter¬
fered to limit my time, and as such a statement more properly belongs to a
definite location of the work, I have omitted it, and hasten to present you
the preceding remarks, together with the accompanying Estimate, in the
hope that they may afford you the information desired.
All which is very respectfully submitted,
By your obedt. servt.
ED WD. F. GAY,
Lancaster^ June 5, 1885, Civil Engineer,
ESTIMATED COST
OP THE CONTEMPLATED
SUSQUEHANNA CANAL FROBI COLUMBIA TO THE. MARYLAND LINE.
382,700 cubic yards Earth Excavation, a 12j cts.
1,274,500
20,500
864,800
896,700
u
¿4
44
44
44
Rock " d 45
Detached Rock a 33
Lining a 50
" Rough Embankment a 25
601,300 perches Vertical Wall, a 50
Grubbing and Clearing, . .
157 feet of Lockage (double locks and dwellings) a
$1,500 per foot, .....
Pier, Wing Dam, Guard Locks, &c. at Columbia,
Dams, Towing path, Bridges, &c. at Conestoga, Paquea,
Fishing and Peters' Creeks.
2 5 Culverts, . . . ¿ .
Road Bridges to river, . . . .
Altering roads, .....
Removal and damage of buildings,
$47,837'
573,525
6,76^
182,400
99,175
300,650
12,500
235,500
80,000
34,000
28,450
17,000
6,550
28,000
$1,652,35
165,23
Add for contingent and unforeseen expenses, 10 per ct.
Total amount, $1,817,587
Mil' ' . ■ -TT
The cost of the Canal with single Locks will be $1,710,000
The above estimate comprehends Locks to be of stone, one hundred feet
long by eighteen feet wide in the clear ; all parts of the lock exposed to be
of dressed sand stone, granite or limestone. The interior of the chamber
to be planked below the water surface. This species of lock is highly
approved of in Pennsylvania, as combining both beauty and stability, with
economy, A map of the route will soon be prepared.
EDWD. F. GAY, Engineer,
3 5556 042 149591
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