/report
^ OF A COMMITTEE OF THE
. BOARD OF DIRECTORS
y *
AN3) OF THE
MANAGING DIRECTORS
OF THK
new-orleans
«íanal anî> NaDijotion (¡Tompong,
AVITH LETTEE OF SAMUEL J. PETEES, Esq.
HARRISON'S REPORT AND PLANS.
CHAETEE OF THE NEAV-OELEANS CANAL AND
NAVIGATION COMPANY.
Acts of the Legislature of Louisiana relating thereto.
Charter and Plan of Improvements with estimates,
&c, &c.
PHILADELPHIA,
PRINTED BY CHARLES H. BUTT, 62 WALNUT STREET.
V./ =2.-) I ö Oo.
f S77C-<:-( SST<'n
Cid- J'ort:
Lû/uli'/i
'n/n J'
4 Frank-linPlii^Ë
liÜi.of'WaSneT
Jl
/nun/
<l/n.
fix';////4
^Elrsia/i rñnZ;
MarÄ'//.
iJzâ r- 1
tV
Cld'Tort^
DeväsMÖP/r.
D/run¿n^
Drpi/nn^jOj
^rppvsi^iilhmpJp
¡PurMiciß/ _
wMlyhtyiBouse^
LightSatisey
Ita^rurlCM'^imgatvs Lith'
rÄtfllE ®F 1ÍTT®M" OF lAYili FlOl ll©UTIff §F CIMÄ TO OTYTIiN W? fié
Bl^/p Winter ' 1 °
r f r~tT Y J .r r
ii-E P O II T
OF A COMMITTEE OF THE
BOARD OF DIRECTORS
AND OF THE
MANAGING DIRECTORS
OP THE
MEW-ORLEANS
oTanol miö Nacigation Coinpaiiti
WITH LETTEE OF SAMUEL J. PETEKS, Esq,
HARRISON'S REPORT AND PLANS.
CHAETEll OF THE NEW-OELEAXS OANAL AN
NAVIGATION CO.MPANY.
Acts of tlî8 Legíslatiire of Louisiana relating tlierct
Charter and Plan of improvements with estimates
&c &c.
PHILADELPHIA
PRINTED BÏ CHARLES H. BUTT, 62 WALNUT STREET.
1 8 58.
LETTER
• \
OF THE
PRESIDENT OF THE L0ÜI3I1NA STATM BANT
TO THB
BOARD OF DIRECTORS
OF THE
ORLEANS NAVIGATION COMPANY
WITH
REPORTS
or
M. HARRISON, CIVIL ENGINEER
ON THE
CONTEMPLATED IMPROVEMENTS
OF THE
CANAL CARONDELET
AND
BAYOU ST. JOHN.
LETTE Es âo.
Louisiana State Bank,
Jfew Orleans, Oct. 23, 1849
Gfotlejien
The Stockholders of the Orleans Navigation Company, having
found it impossible to accede to the proposition of this Eank, made on
the 19th July last, the object of which was to enable the Company,
by important improvements to the Canal Carondelet, Bayou St. John,
and Harbour, &c., to extinguiáli by gradual instalments the debt due
this Institution ; and has no steps have since been taken by the Com¬
pany to effect so desirable an arrangement, it becomes necessary that
Bome plan be adopted whereby that object may be attained.
The last communication of your President to this Board, dated the
12th instant, shows, that not only you are unable to pay any portion
of your receipts to this Bank, it being entitled under its judgment to
any surplus over the necessary expenses, but that those receipts are
inadequate to keep the navigation of the Harbor, Bayou and Canal in
a condition to entitle your Company to retain the valuable perpetual
privileges conferred upon it by its charter.
Thus the position of your Compuny is such at this time, that your
stock is valueless, and that without aid from other sources than from
your stockholders, it must so remain ; and those privileges they pos¬
sess, which, by a moderate investment of capital, and judicious manage¬
ment of the affairs, would eventually be of vel-y great value, may soon
be entirely lost.
It is then under these very discouraging circumstances, I now res¬
pectfully address you by authority of the Board of Directors of this
Institution, and urgently invite your attention to a plan I herewith
submit, by the adoption of which, .and by its speedy execution, the
6
revéanos of the Coiupany will soon reach a point at which it will he
able to pay its debts, retain its valuable privileges, and at the same
time incalculably advance the commerce of our city, more particularly
of that portion within which your Basin, Canal, &c., are situated.
The great increase of trade with Alabama, Georgia and Florida,
during the last three years, is well known to you. There is a great
and growing desire with very many planters of those States to transact
their business in New-Orleans ; many steamboats already running from
the upper towns on the Alabama river, direct to this city, passing with¬
out stopping at the commercial emporium of Alabama, and I have the
best authority for saj'ing that the only obstruction which at this time
presents itself to a yet more rapid and permanent increase of business
from that source, is the inconvenience of reaching the city from Lake
Pontchartrain, as you are aware that the boats navigating the Alabama
river and its tributaries cannot with safety come to us laden with cotton,
via the Gulf and Mississippi river.
The business of the upper Canal has already nearly reached its max¬
imum, unless very great expenses are incurred to extend the capacity
of the Canal and Basin to accommodate the trade. It is not probable
that such expenses will be incurred by the present proprietors,, as in a
few years the Canal and dependancies will become the property of the
State.
The other mode of conveyance of produce from the Lake to the city,
is the Ponchartrain Eailroad. Great inconvenience attends this ; its
ability to afford the necessary conveniences to facilitate the trade I
refer to, is very questionable, even if its management were directed
by more skill, and evinced more disposition to accommodate the com¬
mercial interests ; but it is notorious that the short sighted policy of
that Company has created so groat a prejudice against the Eoad, that
none would use it, if equally facile communication with the Lake could
be had elsewhere.
All these considerations, in my opinion, show the importance of
ameliorating, and without delay, the navigation of the Bayou St. John,
and that the returns consequent on such an outlay as may be necessary
to effect it, will amply compensate those who may be disposed to thas
invest their money.
But the direct profits thus derived will bo insignificant, in com¬
parison to the profit that will result to property holders in the vicinity
7
of tho Bayou, Canal and Basin. /An increase of many millions may
with confidence be counted on, if the trade referred to be attracted
thither. Yet even this would be secondary to the great general ad¬
vantage which every portion of our city and every branch of industry
would participate in, by permanently securing so vast an increase of
trade with the growing and prosperous States to which I have alluded.
The plan, tho adoption and execution of which will, I conceive, ac¬
complish such varied and important benefits, is this :
It being assumed that the Orleans Navigation Company cannot ex¬
tricate itself from the pecuniary difficulties in which it is placed.
First. That the Orleans Navigation Company lease to a Company,
to be formed for that purpose, all its property, rights and privileges,
of whatever nature they may be, for a term of years, as in hereafter
provided.
Second. Such Company to be organized under the General Cor¬
poration Act, for the purpose of widening and deepening the Bayou
St. John, Canal Carondelet, Harbor, ect., as lessees of the Orleans
Navigation Company, with a capital of $400,000, and to be called the
" Bayou St. John Transportation Company."
Third. Said property, rights, &c., to be leased either by auction,
or by private lease, to those who may propose the shortest time ; the
consideration of such lease being :
1. To make all such works and improvements as may be previously
determined as necessary, by the Orleans Navigation Company and the
Louisiana State Bank, and within a time to be specified.
2. To pay all the existing debts of said Orleans Navigation Com¬
pany, which shall also be specified.
3. It must be a condition of the lease, that during the period of its
continuance, the Stockholders of the Orleans Navigation Company
will annually, coniformably with the provisions of the charter, meet
and elect such directors as the lessees may designate, being
Stockholders in said Orleans Navigation Company, and that the Board
10 constituted shall do and make all acts,, which may be required of
them by said Company which may be legally done, in order to carry
into effect the object of the lessees, and the true intent of the charter.
I am authorized by the Board of Directors of this Bank to assure
you, that if this Company be formed on the basis above stated, the
8
Louisiana State Bank will subscribe thereto the sum of $50,000;
which simi will be in deduction of so much of the debt due the Bank ,
and will allow to the Bayou St. John Transportation f'onipany so
lornied, from one to fifteen years, to pay the balance to the Bank by
instalments of one fifteenth each year; the first pavinent to be nmde
on the 1st of January, ISoo, the interest to be payable annually at
the rate of G per cent, per annum after the 1st January 185L
The debt due the Louisiana State Bank is entitled to be paid by
preference to any other ;. all debts due to others, (understood to be
about $60,000) cannot be paid until that to this Bank is extinguished;
but the Bank will not object to oilier creditors taking stock in tlie
proposed Company to the amount and in liquidation of their respective
claims, which must first bo examined and ascertained by the Bank.
I have now submitied to you, gentlemen, an outline embracing the
fundamental feature of the plan pronosed, many details will doubtless
suggest themselves to you, and it will be to the interest of all con¬
cerned, that ill perfecting the arrarigcinents, if the plan should prove
acceptable to your stockholders, the aid of experienced and able coun¬
sel be obtained.
, I will t.ake this occasion to add a few remarks, tending to show the
practicability of the plan suggested.
No practical man in this community will for a moment question the
correctness of the views I have submitted for your consideration,
touching the beneficial effects which would result from the proposed
improvements, on general as well as individual interests ; and the only
part of it I have hoard questioned, has been in regard to that the
most essential to its aceoniplishnient, namely : the possibility of pro¬
curing the pecuniary means necessary. But I cannot permit myself
to think that a project so fruitful in good results, will be looked upon
with indifference by our citizens ; it will benefit all, and injure none.
The eil'orts being made by our enterprising neighbors above the city to
withdraw from us our commerce, must eventually be crowned with
success, unless all concerned in keeping the city where it is, cxeit
their energies and their means to avail themselves of the natural ad¬
vantages of our position. hcthor to attribute to accident, or to the
sagacity of Bienville, the location of New-Orleans, it were needless to
•xaminoi but it will not be questioned by any person who will care-
9
fully examine the topography of the delta of the Mississippi, from the
Gulf to Baton Bouge, that a site moi-e advantageous could not possibly
have been selected. The advantage is derived from its proximity to
Lake Pontchartrain, and the facility with -which it may he reached by
vessels via the Bayou St. John departing from its centre.
Yet gentlemen, this great natural advantage, in consequence of the
dilapidated condition of your -works, is in no manner felt ; and the Ba¬
you has been converted into a common sewer, for the reception of the
filth of the city.
In connection with this subject it may not he deemed irrevelant to
state, that the Navigation Company should take immediate steps to
prevent the draining of the city into the Bayou St. John.
The right thus to obstruct its navigation cannot he possessed by the
City or by the Draining Company, as its exercise would conflict with
the charted rights of the Navigation Company, as well as with public
rights, which have been recognized from time immemorial.
No legal power can any where exist, to render unnavigahle a na-vi-
galle stream. If the drainage of the city he much longer continued
into the Bayou, it is evident it will soon he rendered entirely useless
for navigation, or a very large annual expense must he incurred by the
Company for removing the deposit thereby made.
Plans and estimates of the proposed improvements have been made
by order of the Bank, by an experienced Civil Engineer. They ocm-
prise as follows :
First Section.—The enlargement and deepening of the
Basin and Canal Carondelet, - - . $24,475,00
Second Section.—Straightening and deepening 2 miles
, ^ and 300 feet of the Bayou St. John, commencing
at the junction of the Canal and Bayou, - 19,370,00
Third Section.—Straightening and deepening remain¬
der of the Bayou to the Harbor at the Lake. 27,680,00
Fourth Section.—Construction of two piers, 2,500 feet j
long, and Pier-head, and Dredging Harbor, rem^v- '
ing old materials, and removing Light-house, 95,840,00
Coat of Dredging MachinOj - - ' i- ^0,000,00
10
Contingencies, embracing cost of Superintendence, in.
eluding Eoads and Bridges, - - - 22,635,00
Total cost, - - - $200,000,00
There plans are at your service, and such alterations can be made
as may be agi-eed on.
Those improvements being made, the Harbor at the Lake would be
eighty feet wide near the site of the Old Fort, and four hundred and
thirty feet wide between the extremity of the two piers ; steamboats of
the largest class, and navigating the Alabama river and its tributaries,
and the Lakes, laden with cotton, would be able to come up the Ba¬
you St. John to its junction with the Canal Carondelet, while those of
smaller size, and such sailing vessels as now navigate the lakes, could
with facility come up the Canal Carondelet to the Basin.
Tlie Bayou St. John, from the bridge to the junction with the
Canal, it is proposed to make a vast Basin, widening at the upper
part, so that the largest sized boats may easily turn therein ; say to be
450 feet wide. At this point boats will discharge their cargoes of cot¬
ton, &c., and take in return cargoes of produce, groceries, and other
merchandise. '
The Eoad along the Canal Carondelet should be in such case Mac¬
adamized with broken stone or shells j and a Eaijroad constructed
along a parallel and adjacent street, from the Great Basin to or near
Congo Square.
The authorities of the First Municipality would doubtless cause the
first to be done, and private enterprise would find abundant profit in
constructing the latter. '
The additional expense for contructing the Great Basin will proba¬
bly not exceed $50,000, making the total cost of all the works pro¬
posed to be made, $250,000.
At a moderate estimate, the annual nett income of the Company
during the five years succeeding the. completion of the works, would
average $50,000 ; but it would steadily increase with the prosperity
of the vaat planting region, which would ever be tributary to it.
11
All these important works may be perfected within eighteen months
from this time.
Very Respectfully Gentlemen,
Your Obedient Sei-vant,
SAMUEL J. PETEKS,
President.
To the President and Directors of the Orleans Navigation Com¬
pany.
REPORT, &c
To W. T. IIEPP and J. BEBD,
( Committee of Investigation for the
I Louisiana State Bank.
Gentlemen :
In compliance with your request, I have made such surveys
and examinations of the Canal Carondelet and Bayou St. John, as will
enable mo to lay before you an approximate estimate of the probable
cost of improving their navigation, so that they may be made to meet
the demands of our rapidly increasing lake trade, and also a source of
revenue to the stockholders, and owners of the adjacent property.
And here, before entering upon the details of this report, permit me
to say, that it has often been a matter of surprise to mo that this Ca¬
nal Carondelet, upon which so muoh money has been expended, and
the beautiful Bayou St. John, with all its natural advantages, have
been neglected, if not overlooked, by the sagacious and enterprising
of our city. Here nature has done almost every thing—the hand of
man but little. It is true that great outlays have been made, but I
do not think they have been judicious. I know of no improvement
connected with the prosperity of our groat city, which calls as loudly
for immediate enterprise and action as the one to which you have done
mo the honor to direct my attention and ask for a report.
In order to understand and have a full knowledge of my subject,
an accurate hydrographical survey was absolutely necessary. This I
have made.
The entire length of present navigation is 5' miles and 880 feet, of
which li miles and 573 feet is Canal and Basin, and 4i miles and
307 feet is composed of Bayou and Harbor navigation, the defects of
which my examination soon made me aware of. They aro as follows.
13
A shallow, contracted, and perfectly unprotected harbor at
the mouth of the Bayou, where every thing iu connexion with it is in
a ruinous state ; a harbor, in short, iu evej.7 respect unsuited for the
purpose. 2nd, the shallowness of the Bayou St. John in some parts ;
the great obstruction caused by the mooring and rafting of timber in
it ; also, its crooked course rendering its navigation tedious and ex¬
pensive -, to which may be added the illj'-oonstructed drawbridge and
its bad management. 3rd. The Canal and Basin, the former being
entirely too narrow for more than three-fourtho of its length, and the
latter not having sufficient landing to accomodatq a lively trade.—
Both want deepening, and the Canal to be disencumbered of those ab¬
surd structures called bridges, of which there are five in number, two
carriage and three foot, completely obstructing' this portion of the
Canal, and a source of constant complaint and annoyance to masters
of vessels. I deem their removal absolutely necessary, or else a more
proper construction of others, under efficient management on the part
of the municipality, so as not to interfere in the least with the navi¬
gation—add to the above, the groat want of attention that manifests
itself in every department necessary to the conducting of a work like
this ; no effort being made to dredge out the harbor, which has at low
water only Si to 4 feet, rendering it impossible for vessels to enter the
Bayou, and thus driving them to other ports better able to accommo¬
date. From which we are warranted in concluding,.that unless some¬
thing effectual be done, another season will close the navigation of oldi
Bayou St. John. With a view, however, of preventing this, and not
only of restoring the navigation to what it was in its palmiest days,
but placing it upon a far more extensive and secure footing, I offer to
your consideration the following projects, coupled with estimates based
on detailed examinations and calculations. •'
Dividing the entire line of navigation into four sections, we will in¬
vestigate each in the order the surveys were conducted. For the first,
the Canal and Basin, both of which require to be deepened so as to
give seven feet at low water ; and to have removed or excavated cer¬
tain masses of earth which will materially add to their dimensions,
and thus afford far better accommodations to vessels. Some other im¬
provements are also necessary, such as the building of certain portions
of brick wall, and the repairing of the present one in vhrious parts.' '
Í4
Uy reference to tlie map, you will perceive the depth of water, and
the masses of earth above alluded to. Estimating for this portion of
the work, as section No. l,,we have as follows. First as regards the
basin.
For excavating 5,200 cubic yards of earth, at 25 cents
jjer cubic yard, ------ $1,300,00
Building 217 feet of brick wall on the north side - 1,450,00
General Kepairs, &o., 400,00
Total, ------ $3,150,00
Eelative to the Canal, by removing the masses of earth as shown
on the plan, we obtain a uniform width throughout, of 63 feet, the pre¬
sent width of that portion, which may be said to be complete, and com¬
prised between the mouth of the Basin and Theme-street.
Although this improvement cannot be accomplished without a con¬
siderable outlay—it being one of the heaviest portions of the whole
work, yet I deem it so absolutely necessary that I must beg of you not
for any consideration to pass it by.
The working of this section can be greatly facilitated by calling to
aid the draining machine at the head of the Bayou St John, which by
keeping off the water will enable the works to be both better and more
speedily executed. Under such views I estimate for the Canal as fol¬
lows :—
Excavating and removing 71,700 cubic yards of earth,
at 25 cents, ------ $17,925,00
Building 76 feet brick wall, - - - - 500,00
Constructing 1927 feet Landing, with Piles and Sheath¬
ing, also Bam across mouth of Canal, - - 2900,00
Total for Canal, - - - - $21,325,00
" Basin, - . - - 3,150,00
$24,475,00
, For which sum, if the work is pushed hard under favorable circum¬
stances, they can be completed in ninety days, and the navigation of
the Canal resumed.
15
I would here call your attention to the disposal of the excavated
earth ; I have no doubt it can be sold to individuals for filling up lots
at a fair price, and thus dimmish the principal cost materially.
The second section I shall confine between the mouth of the Canal
and that part of the Bayou called the Devil's Elbow or Grand Cut-Off.
It is two miles and 300 feet long, and embracing that portion of the
Bayou where a steamboat landing projected, and on account of its em¬
bracing the three draining machines, causes it to be subject to heavy
dredging operations. Eelative to these draining machines, I would
remark, that they have done their work towards filling up the Bayou,
and that the evil in future will be inconsiderable—as in the first drain¬
age of the swamps, from the nature of things, more deposit was thrown
into the Bayou. An inspection of the soundings in the vicinity of the
draining machines, will show the frightful extent to which they have
eontributed to impede the navigation—particularly at the mouth of the
Canal, where there is four feet at low water. The deposit consisting
chiefly of black mud, is most easily and economically removed by a
dredge boat, which we will here conâder. '
A good and efficient dredge boat will cost, say $10,000, and worked
for the sum of $25 per day ; throwing out under moderate circum¬
stances 300 cubic yards per day—thus giving from 8 to 9 cents, say
10 cents, as the cost per cubic yard, which I deem to be an outside
estimate, sufficient to cover all contingent expenses.
Perhaps it would be advisable to- have two good dredge boats. One
working on the upper sections, and the other constantly employed at
the Harbor, I shall however, estimate but for one.
By reference to the map it will be seen that I propose cutting off
the principal points of the Bayou. This is done with a view to give
more facility to boats rounding the turns, and that they may also have
» clearer view, of each other, and thus render concussion less liable.
The advantage of this, at the mouth of the Canal in particular, is- ap¬
parent. For this section, then, we have as follows :
Eemoving 24,000 cubic yards by manual labor, at 40 cts. $9,600,00
Dredging 66,700 « " by dredge boats, at 10 cts. 6,670,00
Constructing 1,000 feet of steamboat landing, with piles
and sheathing, - . - ... 8/>00,00
$19,276,00
16
Section No. 3, is embraced between the Bevil'.s Elbow and the Lead
of the projected Harbor, opposite the Old Fort, It is on this section
we find those crooked portions of the Bayoii so tedious to navigate,
and to remedy which, I propose to cut a canal, having such locations
as shown on the plan. Indeed, if steamers are to navigate the Bayou,
this Canal is indispensable ; it.s construction will also save an immense
amount of dredging both at present and future, for an inspection of
the soundings show general shoal water throughout this portion of the
Bayou. The distance saved in length of navigation by the Canal is
about 1800 feet, whereas in point of time there is no comparison.
The Canal will be 3,500 feet long, and should have as great a sec¬
tional area as the Baj-ou at this point, say 500 spuare feet ; hence a
Canal 60.feet wide at ground surface, 40 feet wide at the bottom, and
10 feet deep, will ans^vcr every purpose. Estimating upon sneh pre¬
mises, we have for this section.
Excavating of 56,450 cubic yards, at 40 cents, - $22,580,00
Dredging out Bayou, cutting off point, and construct¬
ing 800 feet of lauding near warehouse, - • 5,100,00
$27,680,00
Thus we have arrived at the head of the Harbor, with an estimate
of little over $81,000, including Dredge Boat—a sum which, if judi¬
ciously expended, would more than meet the works contemplated ; un¬
less, indeed, some unforseen obstacles arise, and unfavorable circum¬
stances attend the execution of the work—though in my examinations
I found nothing to give rise to such apprehensions.
The excavations generally are so large that stumps, logs, &c., are
easily managed, and do not now give the trouble in the execution of
such works as heretofore, when so little, compared with ihe present,
seemed to be known upon such matters. The same remark will apply
to the pulling up of the old piles, and sheathing in the present harbor,
and elsewhere.
We will now consider the 4th and last section, comprising the Har¬
bor and its appendages. I have projected this upon a bold, extensive,
and durable plan, and it will be the heaviest portion of the work.
17
Keferrîrlg you to the plan, please notice the full and dotted red Imes
drawn from the shore into the lake, a distance of about 25,000 feet.
They represent the proposed Piers, which, with a spherical triangular
Pier Head, form the Harbor.
Thus you perceive that my design embraces all the dilapidated
works of the present harbor, which, of course, must be removed. A
good harbor demands it—and let me assure you that nothing was pro¬
jected without mature study and deliberation, contrasting the past
want of judgment in construction and want of foresight concerning the
future demands of commerce.
Suffice it for me to say that a large and capacious Harbor is abso-
lutel}' necessary to accommodate the increasing lake trade, and must
be constructed upon such principles as to ensure its stability, and af¬
ford at all times, and under all circumstances, a commodious and safe
roadstead for vessels. Upon such principles have I designed the Har¬
bor in question, it being 80 feet wide at the head, near thé Old Fort,
and gradually opening as it extends into the Lake—where at its mouth
it is 430 feet between the extremity of the piers—thus enclosing an
area of about 800,000 square feet, and so protected from the drift
sand by the protecting pier heads as to insure always a good depth of
water, if proper attention is paid to the working of the dredge boat.
The pier head is admirably adapted, by form and magnitude, to stand
the shock of the "Waves, and divert their effect upon the piers in such
manner as to cause the least injury. You will notice that this pier
head extends beyond the extremity of the piers, thus giving two en¬
trance channels of Í50 feet, so protected as almost to defy the en¬
trance of sand. And here let me observe that it is impossible, by any
means that I am aware of, to entirely keep out the sands from harbors
contracted upon such shallow lakes as Lake Pontchartrain. All we
can do is to use such a mod.c of construction as will prevent the form¬
ing of shoals immediately outside the mouth, and be prepared to dredge
out all that may enter and deposit itself over'the bed of 'the'ÎTtirbôr;
for it is preferable to work a dredge boat inside a harbor protected
from winds and waves, than outside, whf re, from stress of weather but
little can be effected. I feel confident that my design^ is c^p5i,ble -of
meeting the above demands, and if properly executed, I have no feaj-s
of its success. ' ' ■ ..
IS
The entrance channels, where one would be led to suppose the
greatest dangers exists, I consider better guarded against drift sand
than any part of the harbor. The sands will of course enter the har¬
bor through the channels, but the very cause that brings the evil is
the best means of removing it, as far as the entrance channels are con¬
cerned ; for both Westerly, Southerly und Easterly winds blowing
into either of the channels, cause the current of the Bayou to rush out
of the other—thus continually keeping up a scouring effect upon the
bod, which if occasionally aided by the dredge I oat, cannot fail to
keep these important passages open.
Having thus imperfectly described the projected harbor, and what
I consider to be some of its advantages, in point of construction I pro¬
ceed to estimate its cost :
EAST PIEE.
Length, 2,250 feet ; width, 50 feet ; mass, 30,843 cubic yarda.
materia!..
49,500 feet of piling lumber, at C cents, . - - í!i2,970,00
270,000 feet board measure, of 3 by 12, at f 12 per M. 3,240,00
39,920 cubic yards removed from Harbor and put in
Pier, " - - - - - - - 10,620,00
Workmanship, Hon fixtures, &c. &c., - - 5,660,00
Total, - - - 122,480,00
Say, - - - $22,500,00
WESTERN PIER.
Loagth, 2,570 feet ; width, 50 feet ; mass, 44,300 cubic yards.
material.
56,680 feet of piling timber, at 6 cents, - - $3,400,00
308j400 feet board measure, 3 by 12, at $12 per M. 3,700,00
19
44,8'!^0 cubic yards removed from Harbor and put in
Pier, ' 8,600,00
Workmanship, Iron fixtures, &c., - - - 6,000,00
Total, . - - $21,600,00
PIER HEAD.
Area, 19,580 square yards ; mass, 97,900 cubic yards.
Estimating materials and workmanship, it can be built
for, $27,000,00
There must be removed from the Harbor, to give seven feet at low
water, 173,600 cubic yards of earth, 79,980 of which have been esti¬
mated for in building the piers and pier head, leaving a balance of
93,700, which can be deposited on the outside of the piers near the
shore ; it will cost 20 cents per cubic yard to remove it, as lighters
must be used here for that purpose. Hence, for the interior of the
Harbor, we have remaining ;—
93,700 cubic yards, at 20 cents, . - - $18,740,00
Tearing up old Piles, removing Light House, Bath
House, &c. &c., - - - - - 6,000,00
$24,740,00
RECAPITULATION.
COST OF FOURTH SECTION.
East Pier, $22,500
West Pier, ------ 21,600
Pier Head, ....... 27,000
Dredging Harbor, kc., ..... 24,740
Total, - - - $96,840 '
20
KOADS AND BBIDGES.
' On the contemplated Canal, 800 feefof the present Shell Bead will
be destroyed, and must be rc-constructed. Also, a' good Tow Path
from the head of the harbor to E ornan street. This should be well
constructed in the first instance, as much depends upon it.
As there was however, a former road along the Bayou, (on the left
side, whsre I deem it best for the tow path to be made,) its cost will he
inconsiderable :
For constructing 800 feet of Shell Boad, - . - $1,200,00
For constructing 4i miles and 1240 feet of Tow Path
6 feet wide, with sand and shells, brick bridges,
and other cross-ways, included - - - 6,500,00
17,700,00
Collecting the various sums, we have for a
GKAND TOTAL.
' First Section—Basin and Canal, - - ' - $24,475,00
Second Section—Two miles 300 feet óf Bayou, - 19,370,00
Third Section—Eemainder of Bayou, - - 27,680,00
Fourth Section—Harbor, _ _ _ - - 95,840,00
Beads and Bridges, _____ 7,700,00
$175,065,00
To which add Dredging Machine, _ _ - 10,000,00
$185,065,00
Let us add to the above $10,000 for contingent expenses, cösi of
superintendence, &c. &c., and we have—say $195,000, for which sum,
in .eighteen months, working under favorable circumstances,- the woA
can be completed.
21
If the Harbor is thought to be projected upon too large a scale, a
smaller one can be formed. I shall not estimate, however, for such a
project, as I deem it inexpedient.—My report and plan embodies suiE-
cient data for any modification of my designs—estimates for which can
be made when any thing definite is determined on.
I would call your attention to a proposed Dry Dock at the head of
the village—a natural site, promising many advantages for such a
work.
I shall enter into no estimates for the cost of working the line of
navigation when completed, as much depends upon the extent of the
work, and the general system adopted for carrying it on.
In conclusion, I beg leave to state, that the improvement contem¬
plated by you cannot be too highly regarded. If we look at the New
Canal we shall observe that it is already choked with trade, and yield¬
ing a revenue of upwards of sixty thousand dollars per annum. In a
short time the increasing trade of the Lake wUl be forced to seek new
accommodations ; and if the enterprise entertained by you cun be carried
out, I doubt not but the tide of commerce will return to its natural
course, and the wide fields near the Canal Carondelet, and adjacent to
the Bayou St. John, will be occupied by stores and dwellings, and the
cheerful hum and bustle of commerce will usurp the place of the sB
lence and solitude which now prevails. The many thousands of in¬
dustrious people that are annually swelling the tide of population in
New-Orleans, must be provided with suitable locations for business
and for dwellings. The citixens and owners of property of the Second
Municipality have not been blind to their interests ; and the results of
their Municipal sagacity are amazing. The citizens and owners of pro¬
perty in the old city proper, if they will not shut their eyes to the great
natural advantages which they possess, may yet save their immensely
valuable property from that rapid decline in value which is now threat¬
ening to overwhelm them.
All of which is most respectfully submitted, by
Youv Ohedient Servant,
M. HARRISON,
Civil Engineer.
TO THE PBESIDENT AND DIEECTOES OP THE LOUISI¬
ANA STATE BANK.
Gentlemen :
Ï have the honor to lay before you, in tlio shape of addenda to my
former report on the projected improvement of the Bayou St. John,
some further views relative to an undertaking which, from its magni¬
tude and important influence on the future commercial prosperity of
New Orleans, is daily attracting an iricroased share of public attention.
The more thoroughly we examine the scheme in question and famili-
iarize ourselves with its details, the better are we siitisfled of its vast
importance. Once fairly executed, it must, under judicious manage¬
ment, not only yield a handsome revenue to the stockholders, but be
of great commercial utility and advantage to the whole community,
The Bayou St. John, a deep inlet, navigable for vessels, as. large as
any that sail Lake Pontçhartrain, possesses superior advantages froiB
its natural position, leading as it does, in connection, with a short
canal, into the heart of a great and growing city, and affording a ready
channel for the commodities most in demand in every metropolis.i.Thfe
trade in cattle with the Florida parishes is large.and increasing;; tho
importation of brick has always been great the vast forests on the!
opposite shores afford an almost inexhaustible supply of lumber, and
such is the demand at aU seasons, that not less than 300 saw-mills are
in active operation between the line of the Anrite and Pensacola. .Thci
pine forests furnish some of, the finest masts and: sp<ars-in the world,.
The imports of cotton from those regions are so large, that the reve¬
nue to be derived from this article alone would almost justify the pro¬
posed expenditures for improvements. And here! I m.ay observe that;
the i)urport of these remarks is not to recommend any retrenchment
of the plans recommended in a fonner report that was viewed by some
as taking too bold a view of the case ; but rather to suggest an en¬
largement of them to meet à commerce that has been increasing since
the first improvements were made by the intelligent and enlightened
Baron de Carondelet in 1795, and which, while' our city stands, must
grow with its growth and strengthen with its strength, •. -
24
Pursuant to your resolution, I Lave again made the requisite exam¬
inations, and find nothing to occasion any material alteration in my
former views. I will however suggest some modification of the Lake
Harbor and landings, which will, in some degree, reduce the former
estimates. ■ •
But the work proposed will admit of little or no retrenchment. If
not executed on a large scale, so as to afford every requisite facility to
vessels and trade, the undertaking trill most certainly fail, our money
and labor be wasted, and the wdiole remain a monument and warning
of the absurd inutility of half measures and of grand undertakings on
a small scale. Look at our rival, the Orleans Canal ! No ill-advised
retrenchment would have drawn thither its present array of shipping.
Its landings have been extended neaply half a mile, and what little
more than a year ago was a bare shell road has become a depot for
building materials. The buildings themselves will soon' arise : the
streets be paved, and, as a necessary result, the value of adjacent pro¬
perty will increase. Its commerce is seven-fold that of the Bayou St.
John ; yet, unquestionably, the latter possesses the greatest natural
advantages, and. Under judicious management, with a liberal, but not
wasteful expenditure of funds on necessary improvements, attention to
the wants of commerce and the means of facilitating it, would yét'rival
if net surpass its competitor. I wish to force upon your consideration
the absolute necessity of making the contemplated improvements, if to
be made at all, upon such a plan and scale as will insure success.
Trade will ever flow where it finds the widest and most convenient
channel, where its wants are best provided for, and its operations facil-
itatedi No half conveniences, no false economy will do. A bad article^
will always find a bad market whenever it has to compete with anyr
thing better.
I have given this part of the subject much attention ; as an engineer:
I know its importance, and as a matter of professional duty I wish to^
place it before you in a stronger light than a mere dry calculation by
cents and inches can afford. Formçr works have resulted in the fail¬
ure their.littleness deserved; drew little trade, and are' at last; of:
little use. Vessels must have room for themselves and their cargoes,
and if not afforded in one place, they will abandon it for another and a'
better.
25
There are many other things in an undertaking of this nature that
cannot be well estimated in a mere general report ; for instance, ware¬
houses, train-ways, and other accommodations to commerce. These
things develop themselves as the works progress, or after their com¬
pletion, and must be provided in proportion to the demand manifested.
My former report did not touch upon this, nor does it now require
more than a passing notice.
With these observations, I proceed to submit the results of my re¬
cent investigations ; condensing such matters of my former report as
it may be necessary to refer to, the more completely to lay the sub¬
ject open before you.
In relation to the Harbor, at the Lakes, my views are much the
same as formerly. Perhaps some modification of my former plan may
better meet the views of a part of your Board. Eeferring to this it
will be seen, that there is but one angle between the old Fort and the
bath-house or a point near the latter; thus making two straight
reaches, the outer one being nearly in the direction of the former bed
of the Bayou. I find the west pier considerably damaged by recent
gales ; but the east one is in good condition. I would retain the lat¬
ter in its present position, extending and widening it to a suitable de¬
gree. The width between this pier and the wall of the old Fort is 93 i
feet, a space suflScient for the entrance of the Harbor. If more be
requisite, perhaps it might be obtained by excavating the wall, &c.,
of the Fort ; an operation which would cause the point immediately
above the Fort to be also cut off, thus giving a straight reach to the
head of the harbor, an object that should be obtained, if possible, un¬
less to the prejudice of more important objects. But as the Fort may
some day become useful in a military point of view, nothing should be
done to impair its utility in that particular, but rather to increase it.
If the entrance of 93 è feet be sufiScient, it would be preferable to ex¬
cavate below the Fort in a line with its water face as far as the lake
shore; and indeed, if gardens, &c., are contemplated, it might bo car¬
ried as far as the angle above mentioned, say 1000 feet. At this
point I would start the west pier 450 or 500 feet distant from the
eastern one and parallel to the same ; thus giving a Harbor, say 500
feet in width by 1500 in, length, and a surface of 750,000 square feet
^being nearly the same area I formerly proposed. I have been led
to thus modify it by the eontemplatcd iform^tipn ^ p. Harbor ^t the
26
head of the Bayou, which would of course draw many vessels from the
other.
As regards construction, I would renew the recommendations of my
former report ; the piers to be 50 feet wide, the pier heads of the same
dimentions. This work could be executed for say less by $5000 than
the sum originally proposed. The widening of the Harbor will occa¬
sion but a trifling additional expense, the principal cost being that of
dredging. Were it widened, a row of warehouses with suitable land¬
ings might bo erected on the piers themselves, which could receive an
extra width for the purpose.
An approximative estimate gives 36 00 old piles, all of which should
le removed, a perfectly feasible operation, and not requiring discussion
—they never should have been placed where they are. I ^ave not the
requisite time, nor do I deem it necessary, to detail at present the pe¬
culiar manner of construction or the cost of items. This can only be
done after such close examinations have been made as the engineer
can base his contracts upon.
The subject next claiming our attention, is the proposed widening
of the Canals or cut-ofis to 80, instead of 60 feet, of which I highly
approve. I would only modify their form, say 80 féet at top, 50 at
bottom, and depth 10 feet, thus giving a cross-section of 650 square
feet ; the length being 3500 feet, the cost would be $33,720. I hâve
no doubt that for a small additional sum per cubic yard, the same con¬
tractor would distribute ^tbe excavated earth so as to form the neces¬
sary guard levees, and widening of the Shell Road. This is estimated
under the head of Roads and Bridges. .
In reference to roads and guard banks, a vexatious question arises
which I will touch upon in the sequel.
As to the old Basin and Canal Carondelet, I would make no alter¬
ation other than suggested in my former report ; except in construct¬
ing the Landing without sheathing, which would reduce the expense
by about $800.
It is possible that the formation of a harbor at the head of the Bayou
may render it expedient to dispense with the intended widening of the
Canal, and eventually to filling up the latter. I am not an advocate
for any such measure; the City is at present to far distant, and the
roads lading to it being yet unpaved,'would subject the'delivery of
27
merchandize to too great inconvenience and expense. I would, on the
contrary, strongly reéonunend the widenining and deepening of the
Canal, as set forth in my former report. '
The present site of the Bayou Bridge is ohjectionable ; a much
better one would be the point where the Metaire Boad debouches on
the Bayou, say Allard's old honsé , where the stream begins to narrow;
though the différence of width is very slight. The proposed removal
would enable travellers to cross directly to or from the Metarie Boad,
without making, as at present they are compelled to do, a circuit of
nearly half a mile. 'And above all, its present awkward construction
should be changed.
r The natural location of the Harbor—intended to be excavated at
the head of the Bayou—in reference to the city, presents many ad¬
vantages, to which I need hardly call your attention. The Bayou
road gives a good and ready means of communication for the lower
part of the harbor ; but about 3,500 feet are still unpaved. The
Shell Boad, along the Canal Carondelet, affords another. Bienville
street, from its fine width, will, when paved or shelled, offer a ready
avenue to the very centre of the city; and is already paved as far as
Clairborne street, leaving to be paved about CICO feet, Its width
from Clairborne street is near 100 feet, so that we have thus a wide
avenue conducting travel latter-ally to all the leading paved streets.
' The harbor could ultimately be connected with Common street, by
Hagan Avenue, a distance of about 3,400 feet. But as these matters are
extraneous to this report, I will not present estimates of their expense
&o. Yet as they may eventually form not an unimportant part of the
entire improvement meditated, I would respectfully draw your atten¬
tion toit; for the success and utility of the harbor itself will in no
small measure depend upon good and cheap communications with the
city ; and among the best and cheapest of all would be a railway, which
might be immediately laid down, and which, independently of the
amount of freight it would enable us to transport with facility and
speed, would ensure a handsome income from passengers alone, who
would prefer it to the Pontchertrain railway, as it would be more cen-
tral. . . . ,
The limited time allowed me to make this report compelled me to
devote the whole of it to the execution of such surveys and examina-
28
tions as were indispensable to base general estimates upon. I am
therefore unable to lay before you a detailed plan of my views concern-^
ing the harbor in question—the accompanying figurative sketch will,
however, show its general features. I would not recommend adhering
too closely to the present form of the Bayou as embraced by the exist¬
ing levees—it would be ill-shaped and neither so commodious or con¬
venient as the form proposed. The harbor as planned and estimated
for is 350 feet wide between parallel lines, and 1,000 feet long, com¬
mencing on the left side of the Canal and extending to the draining
machine at Orleans street. The smaller portion between the Canal
and the new draining machine could conveniently be made 150 by 200
feet ; it is included in the estimate, as I am of opinion that it can be
rendered useful. This plan would require a suitable draining canal
to be cut around the works on the left side to enable the machine to
continue its draining operations, as I recommend using both the ma¬
chines to lay dry the canal and that part of the Bayou intended as a
Harbor—all of which together with a pivot bridge over the mouth of
the canal is comprised in the estimate for the harbor hereinafter sub¬
mitted.
Before concluding, I would even at the risk of being considered
tedious, call your attention to another advantage incidental to your
proposed improvement. I mean the proper draining and leveeing ne¬
cessary to secure your works.
The subject is of grave importance, for among the plans submitted
to the City and Legislature for protecting New Orleans against future
_ inundations, there are some which will, if carried out, materially aflFect
the success of your enterprise, and could only be met in their conse¬
quences by heavy additional expenditures beyond what my estimates
call for. It is an undeniable fact that the existing crevasse at Bonnet
Carre has materially affected the level of the Lake. Notwithstanding
the prevalence of westerly winds, the Lake has been higher by up¬
wards of seventeen inches than it has ever been known to be under
similar circumstances. The reeent easteriy winds, though slight, have
covered the grounds at the mouth of the Bayou to a depth of over
twelve inches, covering also a portion of the shell road, and subjecting
the inhabitants to no little inconvenience. The only remedy for such
an evil is proper drainage, which of course implies embanking or levee¬
ing. That this must be resorted to if the Mississippi be tapped above
29
New Orleans, so to tiirow its swollen waters into Lake Pontchar-
train, is evident to all wbo have taken the trouble to investigate the
matter.. As to protecting the city from crevasses by such a plan, I
must, with all due deference for the opinions of others, wholly dissent
from any such measure. , As ait engineer, I regard it as not merely
ridiculous, hut fraught with mischief to the surrounding country, and
to the success of your own projects in particular. On the 12th of Feb¬
ruary, instant, the Lake water stood only 35 ins. below the level of
the Sauve crevasse, backing up into the gutters of Liberty street, and
flooding the 4th and 2d Wards j and during the heavy rains was only
twenty-two inches below the crevasse waters of last year. The área
covered by crevasse waters is upwards of 1400 square miles.
Now to remedy this so far as your works are concernetl, one of three
things must be done : 1st. The tow-path and shell road must be raised
at least three and a half feet above the ordinary level of the lake, or
about eighteen inches higher than the present roadway., Even then it
wonld be only on a level with the high water of that huge reservoir,
and eighteen inches below the hurricane tide of 1831. The measure
would also be an expensive one ; and it would be long ere the road
could becimie fairly consolidatedi and fit for travel. ' . ■ ■ :
Four guard levees might be raised to dam off the water from
the roads, and a similar system of levees at the lake would proteet the
village there. This however would be a poor expedient, as we should
have leakage and rain water to contend with within, which would ne¬
cessarily demand proper engines to throw it out.
3d. The most efficient measure would be to ensure a thorough drain¬
age of the entire district embraced between the New Canal (which is
already leveed) and the Pontohartrain Kail way. The present location
of the draining machine occasions absolute injury to the navigation of
thé Bayou by gradually filling up its bed with a deposite daily thrown
into it by the machines. They should be removed to the Lake, where
they could conveniently drain the whole Pistrict in question. The
views recently set forth by the Commissioners appointed to enquire
into the " most effectual means of protecting the city from inundation,"
wonld, if carried out, go far towards facilitating this measure, and
materially aid the execution and diminish the expense of our plans.
Under this system a lock would be requisite, to be placed near the
mouth of the Bayou, which if properly constructed would very little
3Ö
inconvenience its niivigation, and ivould enable the Waters' iil' the Ba¬
you to be kept at any level, With the aid of the draining machines ; af¬
fording at the same time a most thorough drainage of the city' and
diitriot, and checking, in continuation wth the proposed system of
levees, any overflew from back -water of Lake Pontehartrain.
In conclusion : allow me to observe that the objections raised by
some of your nicmbors to luj- former report, have received full and at¬
tentive consideration, especially those advanced against the construc¬
tion of a pier head to the Lake Harbor. This I consider absolutely
indispensable, and the plan suggested in'my former report the best that
could be used ; nor is this the opinion of myself alone, but that of all
practical men and engineers, among whom I may, be permitted to men¬
tion Messrs Dunbar and Kanney, who fully concur in my view as to
its utility and necessity.
I submit a recapitulatod statement of the entire cost ;
Canal and Basin, - ,- - - - - 5*23,675
Projected Harbor at Bayou Head, - - - - 50,000
Bayou between Harbor and Devil's Elbow, - - 13,000
Proposed Canal, serving as cut-off's, - - - - 33,720
Widening and Dredging Bayou at Sec. No. 3 of former
report, ------- 27,000
Lake Harbor, ------- 90,800
Roads and Bridges, - - - - - - 8,000
Dredging Machine, say - - - - - - 12,000
Contingent Expenses, Superintendence, &c. - - 10,000
Total, - - - - ^268,195
All wlrich is respectfully submitted,
M. HARRISON,
Civil Engineer.
JVew Orleansy 20lh February, 1850.
TO THE PRESIDENT AND DIRECTORS OP THE NEW
ORLEANS CANAL AND NAVIGATION COMPANY.
Gentlemen,
The undersigned your committee appointed in pursuance of a late
resolution of your board, lo prepare and report a statement of the af¬
fairs of the Company, embracing an exhilit of its property, the pro¬
gress and condition of its operations at Aew Orleans, the amount of
money already expended, the probable amount required to complete
the undertaking, and the resources of the Company which may be
safely relied upon derived from the revenues of the Canal Carondelet
and Bayou St. John, and the Shell Road along the right bank of said
Canal and Bayou and from other sources ; beg leave respectfully to re¬
port : That upon entering upon the duty assigned to them, they were
furnished with the report of the Committee of Managing Directors,
which as it embodies all the information desired by your resolution
your Committee ask leave to adopt the same as their report, and re¬
commend its acceptance by the Board, and that it be published for
distribution.
Respectfully,
(Signed) P. C. WRIGHT,
ARCH'D ROBERTSON,
OLIVER HOUGH.
MANAGING DIRECTORS REPORT.
To the President and Directors of the New Orleans Caned
and Ncwigation Company.
The undersigned your Conuuittee of Managing Directors respect¬
fully report :
That since their report which was submitted to the Board in March
last, the works of the Company at New Orleans have progressed rapidly
towards completion.
The early appearance of the epidemic an^ the extreme heat of the
weather compelled us to suspend the work of excavation at the upper
and lower basins early in the month of July last, so that their oper¬
ations since that period until now have been confined to laying down
of the piers for the pass at the Lake and completing of the Dredge
Boat, and even these operations have been seriously retarded by the
prevailing sickness which rendered it impossible to procure mechanics
or laborers. On the first day of September the Dredge Boat was finally
iet at work removing obstructions in the new pass. These obstrue-
dons were heavy piles driven to a great depth, which were the foun-
•lation of a light-house long since removed ; also a portion of the old
lier which formed the easterly side or bank of the former pass, which
.vas constructed in a very substantial manner, of heavy piles about ten
feet apart, the intermediate space being filled with strong plank piling
bolted to longitudinal timbers extending from pile to pile. This work
was ten feet in width filled in with broken bricks, it extended one hun¬
dred feet and upwards diagonally across the pass. These obstructions
are now so far removed, that vessels of the largest class may pass with
facility. The dredging machine performs its work to our entire satis¬
faction, exceeding even, our expectations. In mmensions, strength,
capacity and adaptation to the purpose of extracting piles, stumps and
36
sunken timber, as well as excavation, it far surpasses any otber ma¬
chine of the kind in the country. It is built upon the " Baltimore
Modeh" having an endless chain çf esçavpfors pr J)ucket¿ with'modern
improvements, amongst which are new and ingenious inventions de¬
signed for easy handling of the machine, and saving in the number of
men requisite for properly working it, five men only beside the engi¬
neer being required. We have fairly tested its capacity in our heavi¬
est excavation, and may ^afely. promise that it will excavate Iwelvft
hundred yards per day, in the most ditfipult, portion of our works, ex¬
cept when there are stumps to be extracted. The entire expense of
working with ordinary repairs, will not exceed fifteen dollars per day.
We feel constrained in this place by a sense of justice, to speak in
terms of unqualified praise of Capt. 0. A. Pitfield, who has displayed
in the construction of this machine, great ingenuity, skill and judg¬
ment, for which he is entitled to our thanks and highest commenda¬
tions. For the more full and complete information of your Board res-'
pecting all matters pertaining to our enterprise with its antecedents,'
and to save ourselves long explanatory details, which otherwise would
be unavoidablej we have thought proper to lay before your Board with
this our report, a letter of Samuel J. Peters, Esq , President of the -
Louisiana State Bank, and one of the oldest and most prominent citi--
zens of New Orleans, which was published and extensively circulated
in that city, and awakened the attention of the community to the value'
and importance of the enterprise which you have undertaken, and lead.
to the action of the Legislature through which our'Company has a'c^
quired the property, rights and franchises of the late Orleans Naviga¬
tion Company; Also in connection, 'we transmit to ^oü the report 'Of
Mr. Harrison, Civil Engineer, to Messrs W. T.' Hepp and J. Beed, of
a " Committee of Investigation for the Louisiana State Bankj"^ which
exhibits the plan 'which the Legislature has thoughtrpmpor to prestiribe
for the improvement of the Canal Carondelet and Bayou St. John,
designated in the act "Harrison's Plan." Also, the general corpora-'
tion law of Louisiana, entitled, " An act for the organization of Cor¬
porations for works of publie improvement and utility,'' 'Approved,
March 12th 1852. Also, an act entitled, "An act rclativeto the Or¬
leans Navigation Company, the Bayou St. John and Canal Caron¬
delet," Approved, March 18th 1852. ; Also, the Charter of the late
"Orleans Navigation Company," entitled, " An act for improving the
3^
iiiipmving the inland navigation of the territory of Orleans," witli sup¬
plementary acts. Also, sundry acts of Congress relating to the "Or¬
leans Navigr.t'on Company." Your Committee have also caused to he
executed a lithograph map exhibiting the entire work, as it will ap¬
pear wdien fully completed, with a p)ortion of the citj' of New Orleans
fr«m the Mississippi Eiver to Lake Pontchartrain, a copy of which is
appended to this report. This map exhibits the work completed ac¬
cording to " Harrison's Plan," with the following variations, which it
must be admitted are decided improvements upon,that plan.
First. The great Basin at the junction of the Canal with the Bayou,
has an area of 180 feet width at its widest point, with an average width
of 400 feet,: by a length of 2500 feet to a point between Dumaine and
St. Philip streets, from that point to the crossing of Telemachus street,
where the new bridge is being constructed by the city, the Bayou has
an average width, with slight excavation of 220 feet, thus giving a
basin affording greater facilities to commerce than that proposed by
Mr. Harrison. It will be perceived that all the important business
streets lead to: this extended basin, at the termini of which vessels may
lie and discharge their cargoes with equal facility, as niost of . these
streets are now opened, and paved or shelled. The Basin will also be
extended in Hagan Avenue to Bienville street, 250 feet wide by about
400 feet in length, which Mr. Harrison did not contemplate.. ■ .
• Second. The next departure from " Harrison's Plan," will be per¬
ceived at the point, where the excavation commences on the left bank
of the Bayou, at the McBonough estate. From this point to the lake,
the excavation is confined to the left bank, upon as nearly á right'line
as is practicable. Our reasons for adopting this plan are, that the ex¬
cavation will really be less than Mr. Harrison proposed, whUe the
general course of the. Bayou is much ameliorated. The earth taken
out can be more readily deposited for the road which we propose to
construct along the. left bank, than by transporting it . often at: con¬
siderable distances, which would be indispensable, were we to follow
the plan of. simply cutting off projecting points, on either side of the
Bayou alternately as was proposed. Then we arc saved the loss of the
present shell road, and the expense of constructing a new one opposite
the points proposed to be cut off. But a more important consideration
is, that we receive through our Bayou all the hewn timber which comes
38
to ívew Orkans by Lake Pontcliavtrain, the tolls of which at this time
amount to upwards of ten thousand dollars for the current year, com¬
mencing with December last. This item in our revenues must neces-'
sarily increase, from the rapidly increasing demand for that article in
the city of New Orleans, for its buildings and its immense wharves ex¬
tending along the crescent, even now a distance of little less than
twelve miles. The timber used for the purposes mentioned, is the
yellow pine, and is supplied exclusively from the vast forests around
the north shore of Lake Pontchartrain, and our Bayou and Canal af¬
ford its only avenue to a market. The toll upon this timber is one
dollar per thousand feet, board measure. The custom of the dealers
is, that the seller delivers the timber in the Bayou, reporting the same
to our superintendent who assigns it aplace, measures, and reports the
quantity, number and mark, with the name of the owner, to the Toll
Collector, and to tho office of the Company. The purchaser pays the
toll to the collector, whose receipt is the warrant of the superinten¬
dent to deliver the timber, which is permitted to remain in the Bayou
for eight da3's without charge—after that period it is charged ten cents
per thousand feet for every day it remains there. This custom has
been found to suit all parties, and the penalty for delay releives us of
the inconvenience to commerce, which must result from a failure to
enforce it. It will now be clearly perceived, that the numerous broad
basins formed where our line of excavation, is. most distant from the
natural right bank of the Bayou, as its sharp bends afford a facility to
the timber trade which is of the first importance, for without such fa«;
cility, the navigation must be seriously impeded, or we must exclude
all timber in rafts from the Bayou, i
Third. The next variance from " Harrison's Plan," is at the Devil's
Elbow, where it is proposed to construct our great " Centre Basin."
Here it will be seen that it was proposd to construct a canal of 100
feet in width, across the base of the angle formed by the bend of the
Bayou. We also propose to make such a canal, but the design is, '
further, ultimately to excavate the entire space between the proposed
canal and the right bank of the Bayou ; but as this entire basin is not
contemplated by Mr. Harrison, and is consequently not required by
the act of the legislature, it needs only to be done as the exigencies
of business may require. Your Committee beg leave to express their '
views respecting the value and importance of this point in our works.
öi)
Here a ship-yard is already established by the Company, and a good
and substantial building for workmen has been erected. ^Ye are now
building our mud boats at this point, and have a large quantity of the
materials collected for two propellers, to be used for the towing of
vessels and timber; but of these we shall make mention hereafter.—■
À large deep Bayou enters here from the right, which affords ample
space if it were necessary, for the launching of vessels or the deposit
of timber. Here also it is proposed to construct a Dry Dock, which is
now greatly needed, there being none at this time upon the lake, ves¬
sels requiring repairs are either taken by the river to Algiers opposite
New Orleans, or to Mobile for a dry dock.
Fourth. The next^ point of variance is, at the last abrupt bend of
the Bayou, a short distance above the "Old Fort;" at this place it is
proposed to construct a third great Basin, which may serve as a port
of refuge for vessels overtaken by a storm, where ours will be the only
port which can be made with ease and safety.
Mr. Harrison, proposed that such a basin should be constructed by
extending piers into the lake : (see his plan.) We propose to admit
vessels^by a broad, regular and feasible channel, a distance of about
one mile from the extremity of the piers, to a commodious and safe
harbor, beyond the force of wind and waves.
We beg leave to call your attention in this connection, to the fáct,
that by a resolution of the legislature of Louisiana some two years
since. Congress was asked for an appropriation of money, to " construct
a harbor of refuge for the commerce of Lake Pontchartrain." An ap¬
propriation of twenty-five thousand dollars was granted.—:The Board
of Engineers adopted the plan , of a Breakwater,, extending about 4i
miles at a distance of 24 miles from shore, covering the termini of the
Pqntçhiertrain Bail Bead, the Bayou St. John, the Canal and Banking
Conïpanyia Canal, the Lafayette Bail Boad, and the Carolton and Jef¬
ferson Bail Boad. There were proposed to be three large openings
in this Breakwater, to admit vessels to either of the points mentioned.-
This work was commenced about three months since, but is now sus¬
pended, and your Committee are informed and beleive that the work
will not be resumed, and that the plan will be abandoned as inlprao--
ticáble for the purpose designed. Your Committee indulge the hope
that Congress may be induced to ordet the appropriation already made
4Q
to bo expended in tlio completion of the harbor of refuge, which , wff
have recommended and propose shall be made. ; ,
Fifth. The last portion of the work we have to notice in which we
have departed from " Harrison's Plan," is the construction of the Pass
at thé lake. Here we have rejected hispían altogetlier. He proposed
two piers, laid one hundred feet apart at the terminus of the excavated
channel, and receding from each other, leaving a space three hundred
feet trido between their extremities. This broad opening was proposed
to be covered by a triangular pier head, on which the lighthouse was
tOr,bey-<vreetedv This project it will be seen by one inspection of his
plan, involved the necessity of removing both the old piers entirely,
■p'ith.tbe exception of about one hundred feet of the left or western
pier. The cost of such removal, by our estimates, would have greatly
exceeded his, and we have found by our experience in removing but a
small pprticaj of those old piers, that even our estimates were too small
for the actual cost. Besides, by our plan we preserve the entire right
or easterly old pier as far as the angle therein, as shown on our map,
which is a most substantial and permanent'wOrk,'having wlffistböd the
test of time. From this point our new pîér'is'projected 400"'Feet in
length, by 21. feet in width, giving'us nine feet of water'at low tide at
thè' extremîty^'whëré we hàvè' a pier head G'O' feet Square, oh which tlih'
new light house is to be placed. ' The'direction of this pier is N.'j'íhó'
E. its terminus being about 300 feet to the right or eastwardly? oh'the
east pierj of the old channel. ' :i -'fi jr.ilj
' It is now proposed to leave this broad opening, beleifínig that théfë'
will never be found a necessity for constructing the Vest'pier 'aä"i>rb-''
jected on our map, beyond its intersection with, cñ-thS póWé'Vheré, If
constructed, it would cross the old channel, thus sarviiig to thO Company
a heavy expense and affording even a better harbor than the one pro^f
posed by Mr. Harriaon. The western pier is now completed from the'^
lake shore to ità point of contact with the old channel ; filled with bro-*'
ken bricks to high water mark, and the remaining space will bfe filled
b'f'ctïir dredge boat from the channel. ' '' ' ' : >.ríl; n
= vroii '' .>.<i . .• ' ■ . : :• • •• ti' - v'F
y . The east pier is completed except 100 feet in length tq reach, the^
pier head, it is extended into 7 feet water, and is filled to high wa.ier^
mark with broken bricks, piled with three inch plank on the mner side^
driven ^v.e feet into the earth and strongly bolted to the pier timf)^rs.
41
Piles are driven on the outer side every SO feet, also strongly bolted.
IVe have a sufficient quantity of timber on hand for completing the
pier. The triangular pier head proposed by Mr. Harrison, covering
the opening of the pass would prove Very injurious. Our views upon
this matter, are sustained by the opinions of engineers of great experi¬
ence, and by men who have been accustomed to observe the peculiar
structure of the lake shore, and the effects of the violent storms which
prevail. Still water must necessarily be created on the inner side of
the pier, and the stufting sand borne onward by the waves through
either opening would be precipitated there, forming a bar to be re¬
moved by the dredge, as often as a storm might occur. From the an¬
gle in the east pier to Millaudon's Canal, the channel is one hundred
feet wide, and the excavation is complete except that which can only
be done by the dredge. From Millaudon's Canal upwards to the first
or lower basin, we have a width of from one hundred to one hundred
ahd fifty feet, the variation in the width for this distance having been*
rendered necessary by a due regard to the interests and conveniencè
of property owners, whom we aimed to disturb as little as possible.
The excavation of this section is complete as far as it can be done,
otherwise than by the dredge. From this basin upwards to the com¬
mencement of the line of excavation at the McHonough estate, the'
Bayou has a width of not less than one hundred and fifty feet at the
narrowest point. In addition to what we have said, in passing, res¬
pecting the progress of our work, since our last report, we will now
state, that there remains very little to be done upon the Canal to its
junction with the Bayou at Hagan Avenue. Upon the great basin at
Hagan Avenue the work is so far completed, that in a very short time
our dredge will remove all obstacles to the use and perfect convenience
of the basin, for the purpose of commerce, for the present and foi one
year to come. The entire work is two-thirds completed at the basin. •
The city has already contracted for the building of a new bridge'
across the Bayou at Teleraachus street, and it will be completed itl
about three months. The removal of the old bridge is a work of
small magnitude. - x
The shell road along the right bank of the Bayou has beeá
thoroughly repaired and supplied with shells. Near three thousancT
feet of new road has been made from the earth excavated froná the
lower basin, and extending along almost the entire eastern eida
42
thereof. -The bridges along the road extending over severa^, small
Bayous, have been repaired ; ultimately these small Bayous will be
filled up, and then only two bridges will be necessary, one across
Marigny Canal, and one across the Bayou Bienville at the Devil's
Elbow, which last should have a draw, to admit vessels to the ship¬
yard ; or, the street might be thrown back one square, where a
small bridge would serve, and such an arrangement would save
expense.
The large house belonging to the company at the lake and im¬
mediately opposite the old fort, has been thoroughly repaired and
adapted to the purposes of a hotel. We have erected a dining-room,
40 by 30 feet; a kitchen, with range ; a building for lodging-rooms^
60 by 20 feet ; a bar-room, 35 by 20 feet ; a stable, 120 feet long ;
a blacksmith shop, and an office—all upon the company's lot.
We have also erected one large double house, 40 'feet square and
two stories high, with two kitchens and servants' rooms in the rear,
making two tenements, which we rent for boarding-houses for our
mechanics and laborers ; also, two large buildings, each 60 by 20
feet, one of which is used for a lodging-house for our laborers, and
one for a carpenters' shop and tool-house. The first mentioned of
these two buildings will be used hereafter for a warehouse, as its use
for that purpose is now required. All these structures enumerated
■were indispensable. The hotel was demanded for the accommodation
of persons visiting the lake for recreation. By affording this retreat,
we have added greatly to our road tolls. The other structures were
demanded, because we found it impossible to procure other accom¬
modations for our mechanics and laborers at the lake. Our enter¬
prise has produced decided improvement in property at that point,
several new buildings are now going up, and mechanics and laborers
are making permanent homes for themselves in that healthful and
delightful locality, while gentlemen are turning their attention
to the lake shore, to establish their country seats. We have, in the
appendix to this report, shown the amount of money received from
the treasurer, and the purposes to which it has been appropriated.
We have also estimated the probable cost of the completion of our
works, in compliance with the requirements of the act of the legis¬
lature, and the resources of the company, which may be safely relied
for that purpose.
43
• In closing this report, we take the occasion to express our views
respecting the character and importance of our undertaking. The
Views and opinions of Mr. Peters and of Mr. Harrison, so far ar
(hey extend, are ours. Were those gentlemen to write now upon
the same subject, they would acknowledge that the half had not
been written which might justly have been said.
Since the date of Mr. Peters' letter, the commerce of Lake Pont
chartrain has more than doubled in amount, as we have the statistics
to prove—since then, the revenues of the Canal and Banking Compa¬
ny's Canal have more than trebled, whilst the revenues of ours have
not decreased—and the Pontchartrain Railroad this year, for the first
time since that company was created, has divided 5 per cent, on its
capital stock, after paying a debt nearly amounting to its entire
capital. Within the present year-two additional railroads have
been extended to the lake from the centre of the city of New Or¬
leans, and both are now doing a profitable business, realizing hand*
some profits upon their large investments.
The Canal and Banking Company's Canal pays this year nett,
one hundred and twenty thousand dollars, as we are positively in¬
formed, notwithstanding the decrease of tolls from the correspond¬
ing period of last year, $1,000 per week for two months during the
late epidemic. Let us draw a comparison between that channel
and ours, and see which has the advantage in the contest for supre¬
macy in facilities for commerce, if such were necessary, where there
is more than ample for both. That channel is 7i miles in length,
50 feet wide, and 5 feet deep, with a contracted basin at its city
terminus, wholly inadequate, and which cannot be enlarged except
at an enormous cost, being surrounded on all sides by established
streets, upon which are substantial and expensive brick buildings.
Its original cost to the Canal Bank was one million of dollars ¡
additional for repairs and enlargement, two hundred thousand dollars.
It now jiays, as we have shown, an interest of ten per cent, per an¬
num on $1,200,000.
Our channel, when completed according to our plan, is il miles
in length; the canal li miles in length; for i mile from the city
terminus basin and between the walls, 60 feet wide ; the remaining
1 mile to Hagar Avenue, 70 feet wide, and in its entire length 7
44
feet deep. The Bayou throughout its entire length not less than
150 feet wide at the narrowest points, and 10 feet deep. Ourbaiin
at the city terminus is equally capacious and bettA- adapted to con¬
venience than the other.
, The dimensions of the remaining basins upon the Bayou have
already been given. The entire cost of our channel completed^
will not exceed three hundred thousand dollars, including the pur.
chase money, sixty-nine thousand dollars. Our revenues for the
current year ending on the first day of January next, will not be
less than fifteen thousand dollars, which, though an amount quite
insignificant, shouid be regarded with great satisfaction by you, as
significant, when you consider that when we entered into possession
of our purchase on the 17th day of December last, the pass at the
lake was filled up with sand and rubbish, affording at low tide less
than two feet of water, and that during the year unusually low tides
have prevailed—that these obstacles could not be removed but by
machinery, which we were unable to obtain until we could construct
it. That the early appearance of the epidemic at New Orleans
rendered it impossible to construct our machine sooner than we
have done, because mechanics could not be obtained ; that our shell
road was in a sad condition, the bridges broken down, and we could
ctfer no attractions at the lake for pileasure seekers, like our neigh¬
bors at the canal and railroads.
When we consider all these things, and that we are now in a
condition to challenge all competitors, we think we may safely
cherish high expectations.
Were we to call your attention to the various subjects worth)' of
your consideration, touching the value and importance of the enter,
prise to yourselves, and to the city of New Orleans, where you
have already large interests and investments, this report, already
too long, would necessarily be greatly extended ; but we recom¬
mend to you to examine—and they are accessible to you—the sta¬
tistics of the commerce of the gulf coast through Lake Pontchartain
and the Mississippi river with New Orleans, through the last ten
years, and you will with us be astonished at its enormous amount,
extent and value, especially when we consider that the resources of
the vast territory whence that commerce is derived, are not yet
begun to be developed—and that one of the main causes of slow
45
development of those resources, if not the only cause, is the want
of due facilities to a market.
The gulf states—Florida, Georgia, Alabama, Mississippi, Louisi¬
ana, and Texas, have not a harbor save that of Pensacola, which is
accessible by the largest class of sea-going vessels. The same may
be said, with but two or three exceptions, of the West Indies, and
the entire Mexican states. Those of our states which we have
named, abound with small rivers, which water the richest portion
of our country, if not of the whole earth. They are navigable by a
class of small steamers, which never venture at sea, but will bear
their valuable cargoes to the nearest coast market. That market is
New Orleans, and the channel to it is through Lake Pontchartrain ;
through that channel the trade east of the Mississippi river comes
exclusively ; that from the west is drawn there, by expense of tow¬
age up the river, if brought by sailing vessels, or by the enormous
port-charges and wharfage dues of the city, if brought by steamers.
One other cause of the slow development of the wealth and
resources of the country of which we have been speaking, is, that the
general government has been palpably neglectful of the demands
and interests of southern commerce. This has arisen, not so much
from partiality or niggardliness, as from the fact that southern repre¬
sentatives in congress have, from some unassignable capse, never
asserted those demands, nor duly represented those interests. We
may justly hope for a better state of things in this regard in future.
■ A small expenditure on the part of the general government would
open Lake Pontchartrain to vessels drawing ten feet water. The
only obstruction is at the point known as the "Middle Ground," at
the entrance of the pass "Eigolets," where, at low tide, vessels draw¬
ing six feet cannot pass.
. We have been politely furnished by Majors Chase and Beaure*
gard, of the IJ. S. Engineers, with a plan and estimates for the
improvement of the Middle Ground, which proposes to afford a
passage to a large class of vessels drawing ten to twelve feet. The
plan is feasible, and the cost will not exceed fifty thousand dollars.
It cannot be that congress will withhold so trifling a sum, for so
desirable an object. We have caused the plan and estimates to be
laid before the proper department at Washington. It has been
4é
approveci, and an appropriation is now asked to complete the work,
and when completed, we cannot undertake to estimate the amount
to which our revenues may attain.
There are now six large first class steamers employed by Ihe
mail transportation company between New Orleans and Mobile,
two of these leaving those cities each day, and the remaining four
are employed in the coasting trade intermediate. There are also
two sea steamers, forming a weekly mail between New Orleans,
Pensacola, Tampa Bay, and Key West. A regular daily steamer
to Madisonville, Mandeville, and other places immediately opposite
New Orleans, along the North shore of the lake. A number of
steamers which ply on Lake Mauri pas and the rivers Comité, Ámite,
Tehefuncta, Tangipaho, Pearl, and Pascagoula. Several regular
lines, besides occasional steamers, make the "long trip" from New
Orleans to Montgomery on the Alabama river. These are only a
part of the'sources of trade within our own borders. The trade
with Texas and Verá Cruz, is carried on by a class of steamers
and sailing vessels, for which the capacity'of our channel is quite
adequate, and which it. will receive when the " middle ground"
shall have been ameliorated.' The same with the West Indies, the
trade with which, except that by the New York steamers, is carried
on exclusively in small sailing vessels. It can scarcely be necessary
to enumerate farther the almost illimitable sources of commerce to ■
which we may look for our revenues. We will now call your-
attention to works which should at once be put in construction,
which are most important, and particularly required, i They are,
a dry dock at the Devil's Elbow, which is believed to be the most
available point for that purpose—a large and capacious warehouse :
to be constructed upon the property of the company at the great
basin, at Hagan Avenue—two steam propellers, of about sixty tons
custom-house measurement, for the purpose of towing vessels and
timber in the Bayou. These vessels would pay their entire cost
in a few months. Horses are now used for towing.
We have in our appendix estimated the cost of completing" our
works, and of the, structures proposed. It is our opinion that the.
work may be accomplished within eighteen months from this time,
with the revenues alone, after the sum of ten thousand dollars, shall,
47
have been raised, which is wanted at an early day. We may
safely estimate for the receipts of our canal, for the year commenc¬
ing on the first day of January next, one hundred thousand dollars.
From the shell road, on the right bank of the Bayou, at ten thou¬
sand dollars. We confidently believe that these estimates are not
exaggerated. If, however, the increasing business should demand a
more speedy prosecution of the work than the revenues alove will
admit, we doubt not that you will make prompt provision of rrieans
for that purpose, so that the work may be completed during the
ensuing winter.
Eespectfully submitted,
(signed) p. C. weight,
e. h. dukell.
Acting Managing Directors.
We the undersigned Managing Directors, residing in the City of
Philadelphia, having read the foregoing report of our associates, do
approve the same and recommend its reception by the Board.
Dated Philadelphia, Oct. 31st, 1858.
(Signed.)
oliver hough,
arch'd robertson.
(Copt.)
APPENDIX.
Report oj Committee appointed ly The Board of Directors
to visit and examine the affairs and works of the
Company at Neiv Orleans.
To the President, Directors and Stockholders, of the " JTew Orleant
Canal and JVavigation Com.pany."
The following report, is respectfully submitted by the Coimnittee
appointed by the Directors, under a resolution passed on the lOth day
of May, 1853 ; to examine and report upon the affairs and works of
the Company, in that City, the " Canal Cajondelet" and "'Bayou St.
John."
Your Committee beg leave to report, that after their arrival in the
City of New Orleans, during the month of June inst., they proceeded
to the OfSee of the Company, "No. 59 St. Charles Street, and making
known the object of their visit to the Managing Directors Messrs
Wright and Dürell, and Mr. L. Gagnet, Assistant Secretary of the
Company, the committee were afforded all facilities for the invest¬
igation, and which was continued up to the first day of July, with a
view of making out a report for full six months, from the commence¬
ment of the works contemplated by the Company, and at various times
your committee visited the line of operations upon these works, in or¬
der to become fully acquainted with the value and importance of the
enterprise of the Company.
The first duty entered upon by your committee, was to examine into
the nature and extent of the work done, and to he done, that vías re¬
quired by the Act of the Legislature, of the State of Louisiana, under
which the. Company acquired their rights ; and beginning with the
Basin No. 1, in Basin street, we examined it and find some improve-
needed upon it, but may be deferred without injury to the Company's
interest until more pressing work is completed, thence proceeding
along the "Canal Carondelet" from said basin, to where it joins the
Bayou St. John," near one mile in length we found the said Canal
to have been widened for about one half the distance from the basin
Q
50
to tho Bayou, to the width of seventy feet, thus making it unifonn In
width the whole distance, and increasing its facilities to accominodate
the largely increasing trade of the lake and city, and when the bottom
of the canal shall have been dredged out, it will have a depth of six
feet throughout its entire length. We found a narrow wall of earth
remaining at a short distance from the side of the canal, which had
been left standing to keep out the water during the excavation of the
of the new work, and which will be soon and easily removed by the
dredging machine, and will then admit two vessels to pass at one time
thereby facilitating the trade upon the canal.
At the junction of the Canal with " Bayou St. John," we found a
number of men employed in excavating the contemplated large basin
No. 2, at that place, leaving her^ as on the Canal the necessary narrow
walls of earth to be removed by the dredging machine, this Basin when
completed will be five hundred feet in width, and upwards of three
thousand feet in length, forming an immense accommodation to the
numerous vessels entering the Bayou, and here your Committee beg
leave to remark, that the Company have been very fortunate in being
favored with a meandering stream with large bends or turns, and by
cutting across them, they will at a comparatively small cost have ob¬
tained a Basin that is unrivalled for capacity and value.
The " Bayou St. John," like all of that class of streams, is crooked
and deep, with a slow current, and some of the bends very large, and
in order to increase the facility of navigating it,-the engineers deemed
it most advisable to increase its water surface, and to obtain so desir¬
able an advantage, they have had the cutting through the points or
bends completed, on alternate sides, thereby gaining an average width
of from one hundred and fifty to one hundred and eighty feet of water
surface, the advantages of which your Committee need not dwell upon,
as it is so apparent to those interested in the trade, that all express
great satisfaction at the result, and meets fully the approbation of the
Committee.
' Proceeding on we find at the point known as the " Elbow," a very
large bend and great width of water surface, and which when operated
upon by the dredging machine, will form Basin No. 3, having a width
of upwards of six hundred feet, and fifteen hundred feet in length,
whiflb tho VQ^t ftffiount of timber daily entering the
51
Bayouj or for repairing vessels or boats,'will produce a large revenue
to the Company. At this place the Company have a frame or wooden
building, of thirty feet by sixty, suitable for a warehouse. At some
distance below the Elbow, there is another large bend, which will form
another very large Basin, of six hundred by twenty-five hundred feet,
and which is designed for the accommodation of the large Mail Steam-
■ers from Mobile and other points on the Lake ; thence proceeding to
the terminus of the Bayou, at its entrance to Lake Pontchartrain, here
your Committee find the Pier and Breakwater in a great state of for¬
wardness, and when completed will form a very safe and commodious
harbor for vessels, and which when once entered, the vessels are safe
from any storm, coming from what quarter it may, and is the only safe
harbor on that side of the Lake, and here your Committee were fully
satisfied of the magnitude and value of the enterprise undertaken by
the Company, commanding as they soon will as much of the commerce
of the Gulf of Mexico, and Lake Pontchertrain, as] their Bayou and
Canal can accommodate, and by this only natural outlet from the City
of New Orleans to the Lake.
At the lake end of the Bayou, your Committee find several good and
substantial buildings erected upon the premises of the Company, among
which is a House of Entertainment, with all the necessary out build¬
ings, kitchens, dining rooms, stables, &c. &c. Offices for use of Com¬
pany's officers. Also, a large'frame building being erected as a tem¬
porary place of accommodation to the numerous^ hands employed on
the works, and convertable int-o a warehouse at pleasure.
The buildings used as"a hotel,]&c., are at present occupied_j!without
rent until MarcN1854, by which time it is expected the'grounds and
buildings will be completed, and rent commence at twelve hundred
dollars per annum, thus]making an income of at least twenty-five per
cent, upon their cost of about five thousand dollars, and adding by
increased travel upon the shell road a larger revenue to the Company
from tolls on the road.
The next object claiming the attention of the Committee, was the
large and powerful dredging vessel or machine, then Jn a great state
of fowardness, this vessel when completed will speedily remove the
walls of earth in the Canal and Bayou, deepen the Canal and Bar at
the Lake end, this done the Company may justly look forward to such
52
an increase of their trade and revenue, as vill fully compensate them
for all their labor and expenditure. The Committee having examined
the I'ier and Breakwater, find they are built of long square timber,
made into cribs well spiked together, these arc floated to their places
and then sunk and filled in with broken bricks, and will prove very
strong and durable.
Your Committee would recommend the erection of a large Hotel
and Warehouses at the lower Basin, for the aocommodation of the
travellers and citizens, whose pleasure or business may call thcrñ to ■
that delightful retreat of Lake Pontchartrain during the hot season,
and for the acoommodatiori of the IMail Steamers, and others arriving
and departing daily from that place.
The Pier and Breakwater will be upwards of fifteen hundred feet
long, and between which it is one lisudred and twenty-five'feet, suf¬
ficient for any vessel to enter .safely and proceed up the Bayou.
Your Committee continiied their labors up to the 30th of June in¬
clusive, at which time they close their report, with their imanlmous
and high approbation of the enterprise undertaken, and with the anmunt
of work done as well as the manner in which it has been done, and
herewith earnestly recommend to the Company, that the completion of
the work be speedily carried out ; and do further recommend that a
loan be negotiated for that purpose and believe themsclve,ö fully just¬
ified in recommending such a course, tis the increasing trade and rev¬
enues will soon enable therri to repay any loan they may create. Your
Committee take great pleasure in closing their report, to add, that on
the day their laijors closed, they were informed by tlie .Assistant Sec¬
retary, that up to the oOlh of June all indebtedness of the Coinpany
then due w'as fully paid..
The annexed statement of Beoei];)ts and Expenditures of the Com¬
pany at IS'ew Orleans, is re.spectfuHy submitted.
Eecoivcd from oOlce at. Philadelphia j To tfune ( f>44,0(lS,73
Canal Tolls, - . - . [ 30th ] 5,181,00
Shell Pioad, &o., _ . - j 18i.>o. ( 1,163,85
150,414,48
53
Expenditures upon Cuñal and other iinprovoinents to June 30th,
(inclusive) 1853. *
Keal Estate, (Bayou Lots,) - - $3710,60
Compromise with " Génois," - - 500,00
Law Charges, _ _ - - _ 106,20
$1,822,86
Bent of ofRce, ~ - $663,74
Furniture, " ■ - - - 890,50
Books, Stationary, Printing, ícc., 451,19
Keepmg horses, Provisions for
laborers. Carriage hire, - 269,06
1774,49
Building at " Elbow," _ - - 800,00
Hotel Buildings, . _ - - 2082,75
Warehouses at Lake, _ _ _ 1,200,00
PIERS.
Lumber and Timber, - $2,719,57
Labor, - - - - 1,486,10
Iron, - - - - 200,00
i ,21
-1,405,07
Timber on hand to finish Dedging
Jdachine,
Timber and Lumber, - $1,865,42
Labor, ' - - - - 2,576,40
Machinery, _ _ - 3,500,00
7,941,82
Labor on Canal and Basin, - - • 17,906,11
Salaries to Oiiicers at blew Orleans, - 3,895,65
Incidental Expenses, - - - ) ,129,98
-$44,459,83
—-»—
$5,955,15
54
Committee report further sum Expended by Company, since closing
report, up to August 1st, to be $14,745,41, making the sum of
$05,159,89, as per books of the-Company.
ESTIMATES OF MANAGING DIRECTORS.
For completing improvements upon Bayou, Basins & Canal, $75,000
« Dry Dock at Devil's Elbow, .... 10,000
" Warehouse at Hagan Avenue Basin, .... 10,000
« " at Lower Basin, - - - - - 5,000
Bridge across Bayou at Frankfort Street, near the Lake, 2,500
" Two Propellers at $5,000 each, - - - - 10,000
" Incidental Expenses, Salaries, Repairs to Machinery, &o.,
for the year 1854. ------ 15,000
$127,500
RESOURCES.
Revenues from Canal, estimated - - $100,000 *
« « Shell Road, - - - 10,000 $110,000
To be provided by assessments on stock, - - - $17,500
CHARTEK AND BYE-LAWS
OF TBB
IIW
CANAL AND NAVIGATION COMPA'NY;
AND LAWS EELATING THERETO
OFFICERS.
President, Pro Tem.
1
ALEXANDER OSBOUEN.
Treasurer,
, ARCHIBALD ROBEBTSON.
Secretary,
OLIVER HOUGH, at Philada.
Assistant Secretary,
LOUIS GAG NET, at New Orleans.
Directors,
ARCHIBALD ROBERTSON] 3 f CHARLES IL ROGERS,
ALEXANDEB OSBOUKN, ¡.IS I THOMAS W. WOODWARD
BEENABDDOUREDOUEE, j OLIVER HOUGH,
JAMES R. HITCHCOCK, of Mw York.
PHINEAS C. WEIGHT, ] EDWAED H. DURELL,
- of JYew Orleans.
EDWAED H. DUEELL, | PHINEAS C. WRIGHT,
Attorney. | Counsellor.
STATE OF LOUISIANA.
AN ACT.
For the organization of corporations for u orks of public improvement
and utility.
Sect. 1. Btit enacted by the Senate and House of Representatives of
Louisiana, in General Jdssembly convened, That from and after the pro¬
mulgation of this act, it shall be lawful for any person or persons, not
less thai>,six, on compliance with the provisions of this act, to form
themselves into and constitute a corporation for thefollowing]purposes,
to wit : for the construction, working and maintenance of any rail¬
roads, canals, plank-roacis, bridges, ferries and other works of public
improvement, whether within or without the limits "of this state ; for
manufactories of all kinds, opening and working of mines, construction
and maintenance of docks, foundries, steamships or other vehicles for
the transportation of freight or passengers, and generally all works of
public utility and advantage; provided, that no corporation shall en¬
gage in mercantile or agricultural business in general, nor in commis¬
sion, brokerage, stock-jobbing, exchange or banking business of any
kinds.
Sect. 2. Beit further enacted, Sçc., That]every corporation which
may be established under and by virtue of the provisions of this act,
shall have power and authority, 1st, to have and enjoy succession by
its corporate name, for the period expressed in its oct of corporation,
not exceeding twenty-five years ; Sd, to contract, sue and be sued, in
the corporate name ; 3d, to make and use a corporate 'seal ; 4th, to
hold, receive, purchase and convey under its corporate name, property
both real and personal ; 5th, to name and appoint such^managers,
directors and officers as their interests and convenience may require i
6th, to make and establish such by-laws for the properlnanagement
I
62
find regulation of the affairs of tlio corporation as may be necessary
and proper, and not inconsistent with the provisions of this act.
Sect. 3. Be it fiiriher enacted, S,'c., That every charter of incor-'
poration made under the authoritj- of this act, shall contain, 1st, the
name and title of the corporation, and place chosen for its domieil -,
2d, a description of the purposes for which it is established, the nature
of the business to be carried on, and the designation of the officer on
whom citation may be served in suits against the company ; .3d, the
amount of the capital stocl-:, the number of shares, amount of each share,
and the time when and the manner in which payments of .stock subscri¬
bed shall be called or made ; 4tli, the mode in which tlic election of
directors or managers shall be conducted ; .5th, mode of liquidation at
the termination of the charter.
«
Sect. 4. Be it further enacted, Sec., That the charter of all cor¬
porations organiiied under the terms of this act, and the original sub¬
scriptions'made for the purpose of organizing it, shall be recorded in
the office of the reeoider of mortgages, or-other officer exercising the
functions of recorder of mortgages, at the place selected for the dom¬
ieil of the corporation ; and said charter shall be published in a news¬
paper of said place of domieil, once a week at least, for thirty days ;
but it shall not be necessary to publish the names of the subscribers,
and any subscriber may present the said charter and subscriptions for
record with a recorder of mortgages as aforesaid.
Sect. 5. Be it f urther enacted, Sçc., That it shall be lawful for the
stockholders ol any corporation, at a general meeting convened for that
purpose, to make any modification, addition or changes, in its act of
incorporation, or to dissolve the corporation, provided such modification
addition, change or dissolution shall receive the assent of three fourths
of the stock represented at such meeting. Provided further, that Stich
modification, addition, change or dissohition shall be recorded as' is
required by the fourth section of tliis act.
Sect. G. Be it further enacted, Sçc., That any corporation estab¬
lished under thi.s act shall forfeit its charter for insolvency, evidenced
by a return of no property found on cxeouti on against such corporation;
and that in such case it shall be the duty of tho district court of the
district of such corporation at the instance of any creditor, to decree
.such forfeiture, and to appoint a commissioner for cfTccting thc liqui-
d.Ttinn, wlio.sc duty it slui!| bo to convert all the assets of tlic comjiany
63
including any unpaid balances due by stockholders on their shares,
into cash, and to distribute the same uuder the direction of the court,
amongst the parties entitled thereto, in the same manner, as near as
may be, as is done in cases of insolvency of individuals.
Sect. 7. Be it further enacted, <S"c., That no rail-road," plank-road
nor canal shall be constructed through the streets of any incorporated
city or town, without the consent of the municipal council thereof ; and
such consent once obtained, shall not be withdrawn during the tenn of
the charter.
Sect. 8. Be it further enacted, Sec., That no stockholder in any
corporation organized under this act, shall ever bo held liable or res¬
ponsible, in any manner, for the contracts or debts of snob corporation,
in any further Sum than the amount of any linpaid balance due to the
company on the shares owned by such stooklioldor, nor shall any mere
informality in organization have the effect of rendering a charter null,
or of exposing a stockholder to any liability beyond the amount of his
stock, provided the provisions of this act have been substantially com¬
plied with,
Sect. 9. Be it further enacted, S"c., That in all cases where rail¬
roads, plank-roads or canals shall cross any highway, the corporation
shall so construct said work as not to hinder, impede or obstruct the
safe and convenient use of such highway. That in all cases where rail¬
roads, plank-roads or canals shall be constructed or dug across any
plantation or lands in cultivation, or that may be cultivated, the cor¬
poration shall so construct said work as not to hinder, impede or ob¬
struct the drainage of said land, nor shall any privilege herein granted-
be so constructed as to authorize or empower any corporation to hinder
or impede, or offer any obstruction to the drainage of any lands through
which any rail-road, plank-road or canal may bo constructed, after the
construction of said work ; and if any rail-road or plank-road shall, in
its course, cross any tide waters, or navigable rivers or streams, the
company may erect, for the sole and exclusive use of such rail-rdtid or
plank-road, the bridges required for crossing; but such bridges shall
be so constructed as not to obstruct or necessarily impede the naviga¬
tion of said waters or streams.
Sect. 10. Beit further enacted. Sec., That the provisions of the
act entitled " an act to provide for the organization of corporations in
this state," approved 16th March, 1848, shall not be so construed as
apply to any corporations established under this act.
A N A C T
Helative to the Orleans JVavigation Company, the Bayou, St. Johnand
Canal Carondelet.
1. Be it enacted, Sçc., That in the event of a final judgment of a
forfeiture being rendered in favor of the State of Louisiana against the
Orleans Navigation Company, in the suit now or recently pending on
appeal in .the Supreme Court, it shall he the duty of the court in which
said suit was instituted to proceed to the liquidation of the affairs of
said Navigation Company in the manner hereinafter provided, to wit :
the said court shall appoint a liquidating commissioner, who shall
forthwith proceed to take possession of the entire property, of said
company, real and personal, moveable and immoveable, and to adver¬
tise and sell the same in block at public auction, after sixty days' ad¬
vertisement, to the highest bidder, payable one tenth in cash, and the
remainder in equal annual instalments from one to twenty years; the
credit portion of the price to he paid in bonds bearing legal interest,
divided into sums according to the directions of said commissioner,
secured by Mortgage and vendor's privilege on the property sold as
aforesaid.
2. Be it further enacted, Sçc., That immediately after making said
sale, it shall be the duty of said commissioner to file in said court a
tableau of distribution of the proceeds of said sale, both cash and
bonds, as well as of all monies collected by him for tolls, during the
interval between the taking possession and the sale, and the said pro¬
ceeds and tolls shall be appropriated as follows, viz. First, to the
expenses of liquidation, including a reasonable compensation to the toll
collector ; secondly, to the payment of the debts of the company in the
order of theiv rank ; and thirdly, the surplus, if any, to the stock¬
holders of said company. And all the proceedings in said liquidation
and'on said tableau of distribution shall be the same, as near as may
be, as in cases of insolvency of individuals.
3. Be it further enacted. See., That the said commissioner shall,
before entering on the duties of his office, give a bond with security to
the satisfaction of the court, for the sum of thirty thousand dollars,
65
eonJltioned for tlio faitliful discharge of his duty, and shall receive for
his services, including that of making the auction sale aforesaid, a com¬
mission of two and a half per cent., on the total amount of cash and
bon^s distributed under the tableau.
4. Be it further enacted, (S'c., That it shall be a condition of said
sale, that if the purchasers shall organize themselves into a corporation
iiilder the laws of this state for a term of twenty-five years, for the
purpose of carrying out and effecting all the improvements detailed
and described in the reports and plans, known as Harrison's reports
and plans, including the construction of a new basin at the junction of
Canal Carondelet and Bayou St. John, of the depth and dimensions set
forth in said reports, and shall actually cúmplete and effect all said
improvements within the term of three years from the date of their
charter, then the said corporation shall be entited to receive and exact
all such tolls and revenues for the use of said Canal, Bayou and roads
as the Orleans Navigation Company was entitled to receive under its
charter ; provided, that at the end of said term of twenty-five years,
the State of Louisiana shall have the option either of granting to said
corporation a renewal of the right of receiving said tolls for a second
term of twenty-five years, or of purchasing for itself the property and
improvements of the company, at the appraised value thereof. And
provided further, that if said second term of twenty-five years be
granted, the whole property shall revert to the State of Louisiana at
the end of said second term, without any payment or compensation
made to said company.
5. Be it further enacted Sçc., That any corporation formed under
the provisions of the preceeding section, shall be entitled to demand
and receiye said tolls from the time of its organization, on furnishing
bond to the satisfaction of .the State Treasurer, in the sum of fifty
thousand dollars, to secure the completion of all the improvements
aforesaid within said term of three years.
6. Be it further enacted, Sçc., That if the works and improvements
to be inade by the purchase be not began within six months, and com¬
pleted within five years, all the right, title and interest acquired by the
said purchaser under the provisions of this act, together with all im¬
provements that may be made, shall vest in and belong to the state.
H
66
AN ACT.
For improving the Inland JYavigation oj the Territory of Orleans.
Section 1. Be it enacted by the Governor of the Territory of Or¬
leans, by and u ith the advice and consent of the Legislative Council
thereof. That there shall'he established a company for the purpose of
improving ihe inland navigation of this territory, to be called and known
by the name of " The Orleans Navigation Company that the -
capital stock of the said company shall consist of two thousand shares,
not exceeding one hundred dollars each, and that Joseph Faurie, Fran¬
cis Duplessis, Julien Po5fdras, William Kpnner, William Wykoff, of
the Opelousas, Louis Blanc and George Pollock, shall be and are here¬
by appointed Commissioners for receiving subscriptions for the capital
stock in the said company, and shall provide books for the said com¬
pany, and shall enter in the said books as follows : " We, whose names
are hereunto subscribed, do for ourselves, and our legal representatives,
promise to pay to the Orleans Navigation Company, such sum or sums
of money for each share by us subscribed respectively, as the President
and Directors of the said company shall require and the said Com¬
missioners shall open the books for the several subscriptions at the city
of New-Orleans, and at such places as they may deem proper, on the
second Monday in July next, and shall take the subscription of every
person who shall offer to become a subscriber, until the whole of said
stock shall be subscribed ; and shall give notice in two of the public
papers printed in the said city, both ip the English and French lan¬
guages, of the time and place of opening the said subscription ; and
directing the sum which the said Commissioners are herebj authorized
to determine which such subscriber shall pay for the first payment on
every share which the .said CoüPyiäsiOßefS Ws hereby authorized to re-
•eivö in money.
67
ÄECT. 2. Be it further enacted. That as soon as five Imnâred
shares shall be subscribed in the said company, the persona who shall
have subscribed for the said stock, while they continue to be Stoek-
holdbrs therein, and all others who may become Stockholders of the said
capital stock, shall be and they are hereby ^created and made a corpo
ration and body politic in fact and name, to be known by the name and
style of the " Orleans Navigation Company andljy that name they
and their successors for efer may have perpetual succession ; and by
that name the said company shall be and hereby is made able and
capable in law to have, purchase, receive, possess, enjoy and retain to
them and to their respective successors for ever, lands, rents, tene¬
ments, hereditaments, goods, chattels and effects, of what kind, nature
or quality soever, requisite for carrying into effect the purposes of this
act, and the same to sell, demise, grant or dispose of; and to sue and
be sued, plead and be impleaded, answer and be answered unto, defend
and be defended in the courts of record, or any other place whatsoever;
and also to make, use and have a common seal, and the same to break,
alter or renew at their pleasure ; and also to ordain, establish and put
in execution such by-laws, ordinances and regulations as may seem
necessary and convenient for the government of the said corporation,
not being contrary to the laws of this territory, or those of the United
States ; and generally to do and execute all and singular acts, matters
and things which to them it shall or may appertain to do, subject to
the provisions hereinafter contained.
Sect. 3. And he it further enacted, That for the well ordering the
affairs of the said corporation, there shall be twelve Directors to be
chosen annually, after the present year, on the first Monday in Febru¬
ary, in every ensuing year, by the Stockholders of the capital stock of
said coiToration, or their proxies : and those who shall be duly chosen
at any election, shall be capable of serving as Directors, by virtue of
such choice, until the second Monday in February, in the year next
following such choice, and until others are duly elected in their places;
and the said Directors, at their first meeting after such election, shall
choose, one of their nuiiibcr for President ; and that 'as soon as five
hundred shares shall be subscribed in the said company, the said Com¬
missioners shall give public notice in two of the .newspapers, of the time
and place of holding an election for Directgrs of said corporation, for
the present year, and it shall bo lawful for such elections thee n—
68
to be held; and the persons then chosen Directors for the said company
shall immediately choose one of their number to be their President,
and the said Directors shall continue in oifioe until the second Monday
in February, in the next year, and until others arc duly elected in their
places : Provided alw njs, That in ease it should at any time happen
that an election of Directors should not be made upon any day when,
pursuant to this act, it ought to .have been made, the said corporation
shall not for that cause be deemed to be dissolved, but it shall be law¬
ful on any other day to hold andjnake an election of Directors, in such
manner as shall be directed by the said Commissioners, or by the laws
and ordinances of the said corporation ; And provided, aha, That in
case of the death, resignation or absence from the territory of a Di¬
rector, his place may be filled up for the remainder of the year by the
said Directors.
Sect. 4. And he it further enacted, That it shall be lawful for the
said President and Directors to convene special meetings of the Stock¬
holders whenever such meetings shall appear necessary, giving at least
fifteen days notice thereof in two of the newspapers printed in the city
of New-Orleans, in the English and French languages.
Sect. 5. And he it further enacted, That the Directors for the time
being of the said corporation, shall have power to appoint such oiScers v
agents, clerks', superintendents, engineers, ^j-orlrmen and others under
them, as shall be necessary for executing the business of the said cor¬
poration, and to allow them a proper compensation for theif services.
Sect. 6. And he it further enacted, That the following shall be fun¬
damental rules and articles of the said corporation :
I. Every individual Stockholder, or company, or body corporate
holding shares in the said corporation, shall be entitled to one vote for
every share, not cxcoodiiig ten shares, which he or they may hold in the
same. ^
II. No Director shall be entitled to any emolument which shall not
have been allowed at a meeting of Stockholders ; but the Directors
may make such compensation to tho President as to them may_ seem
reasonable.
III. Not loss than seven Directors shall constitute a Board, of
whom tho President shall always be one, except in case of sickness or
necessary absence, in which case his place.may be supplied by any
G 9
other Director, whom he by writiug under his hand sh.all noniiaate for
the purpose.
IT. Every Treasurer before he enters upon the duties of Ids o.T.ce,
shall g-ivo bond with two or more sceuritios, to the satisfaction of the
Directors, and in such sum as they siiall direct.
V. Ifo bank or ofioo of discount .shall be established by the said
corporation.
VI. The stock of the said corporation sh.all he assignable and trans¬
ferable, according to such rules as shall bo made in that behalf by the
daws and the ordinances of the same.
I^II. aVl bills or notes which may be given by said corporation, or
tlieir Directors, signed by the President, and countersigned by the
Treasurer or principal clerk, promising the payment of money to any
person or persons, his, her or their order, though not under the seal of
the said corporation, shall be binding and obligatory upon the same, in
like manner, and with the like force and effect as tlie same would by
law, upon any private per,son or persons, if the same were issued by
him or them, and shall be assignable and negotiable in like manner. ^
Till. Half yearly dividends shall be made by the said corporation,
of such part of the nett profits of the same, among the Stockholders, in
proportion to their respective shares.
IX. The President and Directors of the said corporation shall have
power to direct the mode in which, and the periods when the amount
of the shares shall be paid.
Sect. 7. Jlnd be it further enacted, That the said corporation, by
their President, Directors or agents, may enter into, and upon all and
singular the land and lands covered with water, where they shall deem
it proper to carry the canals and navigatiou herein before particularly
assigned, with or without the consent of tlie owner or owners thereof,
and to lay out such'routes and tracks as shall be most practicable for
effecting navigable canals as aforesaid, by means of locks and other
devices, doing, nevertheless, as little damage as pbssihle to the grounds
and enclosures in and over which they shall pass ; and thereupon it
shall and may be lawful for the said President and Directors to con¬
tract and agree with the owners of any lands and tenements for the
purchase of so much thereof as they may deem necessary for the said
canal or roads, or any mills, works or buildings adjoining thereto.
70
if tliey can agree with such owner or owners ; hut in cas9 of disagree-
inont, or in case the owner thereof shall be a married T^'oman, under
age, non compos mentis, or out of the territory, then it shall and may¬
be lawful to and for the said President and Directors to cause a survey
and map to be made of the ground, in their estimation requisite, in the-
field book, of which survey and map shall be distinguished the land of
each of the several owners and occupants, appropriated or intended toi
be appropriated as aforesaid, and the quality thereof; and shall exhibit:
the same to a judge of the Superior Court of this territory, who shall
thereupon by writing, under his hand and seal, appoint not less 4han
three, nor more than five discreet persons, none of whom shall be in¬
terested in tiie said corporation, or the land so surveyed as aforesaid,,
to appraise "the premises specified in such field book.
And it shall be the duty of the appraisers, or a majority of such as
shall be appointed, to examine the land of such owner or occupant so
appropriated; and to ascertain the value thereof, and the damages each
may sustain by such appropriation, and to make a regular entry of such
valuation end assessment of damages, in a book to be kept by them for
that purpose, and to certify the same under oath, to be a true, fair and
impartial valuation and assessment, to the best of their belief ; and
shall thereupon cause such survey and book, the execution of the cer¬
tificate being first duly proven and acknowledged before a judge of the
Superior Court, to be filed in the office of one of the public notaries,
there to remain on record. And the said corporation and their suc¬
cessors, upon paying to the several owners the sums of money so as¬
sessed as aforesaid, together with the costs of appraisement, shall im¬
mediately be vested with a good and indefeasible title to the said lands,
and tenements, mentioned and specified in such field book filed as afore¬
said : Provided always, That no lands shall be surveyed and appraised
unless with the consent of the owners, under this section, which shall
extend more than one hundred and eighty feet from the edge of such
projected canal or navigation.
' Sect. 8. Jind he it further enacted. That it shall and may be lawful
for the President and Directors of the said company, and their super¬
intendents, engineers, artists, workmen and laborers, with carts, wagons
and other carriages, with, their beasts of draught and burthen, and all
necessary tools and implements, to enter upon the lands contiguous or
-ear to the tracks of tlie intended navigation, first giving notice of
71
their iiitcntioa to the owners thereof, and doing as little damage thereto
as possible, and repairing any breaches they may make in the enclo¬
sures thereof, and making amends.for any damage that may be sus¬
tained by the owners of such grounds, by appraisement in manner here¬
inafter directed, and upon a reasonable agreement with the owners, if
they can agree, or if they cannot agree, then upon an appraisement to
be made by three indifferent persons, or a majority of them, to be ap¬
pointed by any justice of the peace for the district in which such lands
shall be situated ; and on tender of the appraised value, to carry away
any timber, wood, stone, gravel, sand or earth, their situated, most
convenient for making or repairing the said canals, navigation and
roads.
Sect. 9. And he it further tnachd, That as soon as the said com¬
pany shall have improved the navigation of the Ilayou St. John, so as
to admit at low tide, vessels drawing three feet water, from the Lake
Pontehartrain to the bridge at the settlement of the Bayou, then the
said President and Directors shall he entitled to ask, have and receive,
from every vessel passing in or out of the said Bayou, a, sum not ex¬
ceeding one dollar for every ton of the admeasured burthen of the said
vessel, and so in proportion for every boat of a burthen less than one
ton : and when further improvement shall permit vessels drawing three
feet water, to pass from the said Bayou by the Canal Carondelet to the
basin terminating the same at the city ditch, the said President and
Directors sdiall be entitled to ask, have and receive an additional toll
not exceeding one dollar per ton, as aforesaid ; and when the said navi¬
gation shall be improved by the said company, so as to admit vessels
drawhig three feet water, from the Lake Pontchartrain to any place
within one hundred yards of the river Mississippi, it shall bo lawful for
the said company to have and receive an additional toll not exceeding
one dollar per ton as aforesaid ; and when the communication between
the said navigation and the river Mississippi shall be made complete,
every vessel passing from the said navigation shall pay a toll not ex¬
ceeding five dollars for every foot of the draught of said vessel.
And on every other canal which shall bo made, or other natural
means of navigation which shall be improved by the said company, so
as to admit vessels drawing throe feet water from the sea or lakes to
the river Mississippi, it shall be lawful for the said company to demand,
have and receive toll, provided that the said toll shall not exceed in
72
the whole the sum of five dollars for every ton of the burthen of such
boat or vessel, and so in proportion for every boat of a burthen less
than one ton, unless by and with tlie consent of the Governor of the
territory for the time being ; and it shall and may be lawful for the
President and Directors of the said company, to appoint such and set
many collectors of toll, for the passage of boats and vessels in, through
and along the said canal, and in such places as they shall think pro¬
per, and that it shall and may be lawful to and for such toll collectors,
and their deputies, to demand and receive the tolls aforesaid of and
from the persons having the charge of such boat and vessels^
Sect. 10. And in order to ascertain the tonnage of boats using the
the said canals and navigation. Be it further enacted. That, on the re¬
quest of the owner or supercargo of such boat or vessel, or of the col¬
lector of the said tolls, it shall and may be lawful for each of them to
choose one person to measure and ascertain the number of tons which
the said boat or vessel is capable of carrying, and to mark the same in
figures on the head and stern of said boat; and the said vessel, so
measured and marked, shall always be permitted to pass through the
said canal navigation for the price per ton to which the nnml er of ton»
so marked shall amount ; and if the owner or supercargo of such vessel
shall decline choosing a person resident within one league and a half
of the place where such toll is payable, to ascertain the tonnage there¬
of, then the amount of such tonnage shall be fixed by a person to be
appointed for that purpose by the said collector of tolls ; and the said
toll shall be paid according to such measurement.
Sect. 11. he it further enacted^ That the collectors of toll,
duly appointed and authorized by the President and Directors of the
said corporation, may stop and detain all boats and vessels, using
the canals and navigation to which they respectively belong, until the
owner or commander, or supercargo of the same shall pay the toll so
affixed as aforesaid, or may distrain part of the cargo therein contained,
suflficient, by the appraisement of two credible witnesses, to satisfy the
same, which distress shall be kept by the collector of the tolls taking
the same, for the space of eight days, and shall afterwards bo sold by
public vendue, at the most public place in the neighborhood, Ho the
highest bidder, in tlie same manner and form as goods seized for rent,
are by law sold, rendering the surplus on demand, if any there bo after
payment of the said toll, and the costs of distress and sale, to the
owner or owners thereof.
Sect. 12. .ind. he it further enacted, That if any person shall break
or throw down any embankment, or other work, lawfully erected I y
virtue of this act, or shall forcibly pass through any of the said canals
or improved navigation, such persons besides making good all the dam¬
age occasioned thereby, shall forfeit and pay, in addition to the toll
legally due, the sum of one hundred dollars, to be recovered by the
said treasurer of the said corporation to their use.
Sect. 13. And be it further enacted, Iha.iÜm'PTeúdiC.ut and Di¬
rectors may lay out and construct, from the bridge at the Bayou set¬
tlement, a highway or road on each side of the said Bayou ; and that
if such road or roads shall be constructed of shells, sands or other
hard materials, and shall be at least of the breadth of twenty feet, and
fit at all seasons for the passage of every kind of wheel carriages, and
shall be so certified under oath by three respectable persons, or a ma¬
jority of them, not interested in the said company, to be nominated by
the Governor of the territory, then the said President and Directors
may erect a toll-gate on each of such roads, so soon as one league
thereof shall be so certified to be completed as aforesaid, and that it
shall and may be lawful for the person or persons appointed by the said
President and Directors to take and receive the following sum for pas¬
sage through each of the said gates, that is to say :
For every mart'and horse, six and quarter cents.
Cart, chair or cabriolet, with one or more horses, twelve and a half
cents. ,
Coach, phaeton or other four wheel carriage, twenty-five cents.
Sect. 14t.''And he it further enacted. That one hundred shares in
the said corporation shall be reserved for the bank of Louisiana, and
one hundred|other shares for the city of New Orleans ; provided the
said bank and the said city shall signify their wish to subscribe for the
same, within six months from the passing of this act.
Sect. 15. And he it further enacted. That whenever the clear pro¬
fits upon the money actually paid to the said conapany upon each share
of the capital stock thereof, shall exceed the amount of fifty per cent,
per annum, for three successive years, the excess of any jmofit arising
thereafter, over and above the said fifty per cent., shall belong to the
public exclusively, and shall be disposed of in such a manner as the
legislature of the territory may direct.
K
74
Sect. 16. And be it further enacted, î'hat it shall he the duty of the
President and Directors of the said corporation to transmit every year
to the Governor and legislative council of this territory accounts, signed
by the said President, of the sums paid and the dividends made during
each year on each share of the said capital stock of the said corporation.
Sect. 17. And be it further enacted, That the operations of the said
company shall Be confined in the first instance to the improvement of
the inland navigation of the county of Orleans and of the Dayou Pla¬
quera ine ; and that the said company are not nor shall he authorized
to make, open or clear any other canal or navigation -wifhout the con¬
sent and approbation of the Governor of this territory, for the time be¬
ing, previously obtained for that purpose, any thing in this act to the
contrary notwithstanding.
, AN ACT.
Supplementary to an act, entitled "An Act Jor improving
the Inland Navigation of the Territory of Orleans."
(Approved March 18th, 1809.)
Be it enacted, by the Legislative Council and House of Representa¬
tives of the Territory of Orleans, in General Assembly convened. That
the improvements of the Orleans Navigation Company shall not extend
to the Bayou Plaquemine, notwithstanding the authority given to said
company by the seventeenth section of the act to which this is a sup¬
plement.
AN ACT . '
To restrict the powers of the Orleans Navigation Company.
. Be it enacted by the'Senate and House of Representatives of the State
of Louisiana, in General Assembly convened. That the operations of
said company, (Orleans Navigation Company,) shall be confined and
restricted to the improvements of the inland navigation of the island of
Orleans, any thing in the act, entitled " An act for improving the in¬
land navigation of the territory of Orleans," to the contrary notwith¬
standing.
75
ACTS OF CONGRESS
RELATING TO THE ORLEANS NAVIGATIOiV COMPANY.
—
Chapter 36.
AN ACT
Respecting claims to land in the Territories of Orleans and
Louisiana.
Be it enacted by the Senate and House of Representatives of the
United States of Jlmerita, in Congress assembed :
*******
Section 3. Jlnd be it f urther enacted, That the claim of the cor¬
poration of the city of New Orleans, to the commons adjacent to the
said city, and within six hundred yards from the fortifications of the
same be, and the same are hereby recognized and confirmed ; Provided,
that the said corporation shall, within six months after passing this act,
relinquish and release any claim they may have to such commons be¬
yond the distance of six hundred yards aforesaid : Provided, also, that
the corporation shall reserve for the purpose, and convey, gratuitously,
for the public benefit of the company authorized by the legislature of
the territory of Orleans, as much of the said commons as shall be neces¬
sary to continue the canal of Carondelet from the present basin to the
Mississippi, and shall not dispose of, for the purpose of building there¬
on, ally lot within sixty feet of the space reserved for a canal, which
shall for ever remain open as a public highway ; And provided, also,
that nothing herein contained shall be construed to effect or impair the
rights of any individual or individuals to the said commons, which are
derived from any grant from the French or Spanish government.
Approved, March dd, 1307.
76
Chapter 15.
AN ACT
iMuking üppTopTíüiions to complais the Jortißcations com¬
menced fo?' the security of the seaport towns and harbors
of the United States, and to defray the expense of deepen-
infand extending to the river Mississippi the Canal of
Carondelet.
Be it enacted, by the Senate and House of Representatives of the
United States of America, in Congress assembled :
****##»###»*
Section 2. And be'tt further enacted, That the President of the
United States be, and he is hereby authorized to cause the Canal of
Corondelet, leaving from Lake Pontchartrain, by way of the Bayou St.
John, to the city of New Orleans, to be extended to the river Missis¬
sippi, and made sufficiently deep throughout to admit an easy and safe
passage to gun boats, if, upon the survey thereof, he shall be convinced
that the same is practicable, and will conduce to the more effectual de¬
fence of said city ; and that for the purpose of defraying the expense
thereof, there be, and hereby is appropriated the sum of twenty-five
thousand dollars, to be paid out of any moneys in the treasury not
otherwise appropriated.
Approved, February^lOth, 1809.
Chapter 94.
Granting to the President and Directors of the New Orleans
Navigation Company, and their successors alot of ground.
Be it enacted, S{c., That all the right and claim of the United States
to a lot of ground in the county of Orleans, and state of Louisiana,
bounded above by the lands of Don Miguel, and fronting on the Bayou
St. John, containing one hundred and eighty feet front, and five hun¬
dred and forty feet back, including the improvements thereon, now oc¬
cupied by the said company, be, and the same is hereby vested in, and
conveyed to the President and Directors of the Orleans Navigation
Company, for the time being, and their successors, for the use and
benefit of said company for ever.
Approved, April 18tb, 1844.
79
G II A R ï E R
OF THE
NEW-ORLEANS CANAL AND NAVIGATION CÎOMPANY.
We the undersigned agree to form ourselves into a corporation un¬
der the laws of the state of Louisiana, as particularly set forth in " an
Act for the organization of corporations, for works of public improve¬
ment and utility," approved March 12th 1852, and an act of said state
entitled, " an Act relative to the Orleans Navigation Company, the
Bayou St. John, and Canal Çarondelet," approved March 18th 1852
for the purpose of improving the Canal Carondelet, and the navigation
of the Bayou St. John, and in accordance with the charter of the "Or¬
leans Navigation Company and for that purpose have formed the
annexed charter and signed the same.
CHARTER OF THE COMPANY.
1st. The said corporation shall he called the "New Orleans Canal
and Navigation Company and its domicil is fixed in the city of New-
Orleans. ' The President of the company is the ofiicer designated as
the one on whom legal service of all process or citation against the
company may he made, and the company agree to he hound hy service
of process or citation, whether made on the President in person, or
left to his address at the office of the company in the hands of any of
its officers. .
2nd. The said corporation is established for the purpose of making
improvements upon the Canal Carondelet, Bayou St. John, and other
purposes, within the parish of Orleans in the state of Louisiana, in ao-
so
cordance with an act of said state, entitled '< An act relative to the Or¬
leans Navigation Company, the Bayou St. John, and the Canal Caron-
delet," approved March 18th 1852 and in accordance with the charter
of the Orleans Navigation Company.
3d. The capital stock of the said company is fixed at five hundred
thousand dollars, divided into five thousand shares, of one hundred
dollars each. A pa3nnent of fifteen per cent, on the amount of each
share shall he made at the time of subscribing, the subsequent pay¬
ments shall be made in such sums, and at such periods as shall be fixed
by the Directors.
4th. The business of the corporation shall be conducted by a Board
composed of nine Directors, who shall be Stockholders. The Directors
shall elect one of their body as President of the company at their first
meeting after their election. A quorum to transact business shall con¬
sist of at least five Directors.
5th. At all elections by the Stockholders, and at all their meetings
each share shall be entitled to one vote. Votes may be given in per¬
son or by proxy.
6th. The first election of Directors shall be held on the Eighteenth
day of October 1852 in the city of Philadelphia. The Directors then
elected, shall hold ofiSce until the first Monday in January 1854 : on
which day, and annually thereafter, the election of Directors shall take
place. The election shall be by ballot. On each ballot shall be writ¬
ten the name of the person voted for, and the number of shares which
it represents
7th. A failure to elect Directors shall not dissolve the corporation,
but the Board in ofiSce shall continue the exercise of its functions, un¬
til a new Board shall be elected.
8th. All notices of elections, and meetings of Stockholders, shall
be given by publication thirty days, in a newspaper in New-Orleans
and in Philadelphia.
9th. In case of failure on the part of any subscriber to pay the in¬
stalments on his stock as may be required, the Board of Directors shall
have the option, after thirty days notice to the defaulter, of declaring
his stock forfeited, and selling it for the benefit of the company, or com¬
pelling by suit, the payment of such instalments : and no Stockholder
shall be permitted to vote, on any question, whilst in default.
81
10th. All meetings of the Stoekholders called for the purpose of
increasing or diminishing the capital stock of the company, or for any
of the purposes enumerated in the fifth section of the act of the legis-
ture of Louisiana, entitled " An act for the organization of corpora¬
tions, for works of public improvement and utility," shall be composed
of persons holding in their own right, or as agents for others, at least
two thirds of the stock of the company, in order to take valid and bind¬
ing action in the premises. At all other meetings of Stockholders, and
at all elections, a majority of the capital stock of the company shall
be represented, and in the latter case, if such majority be not present
nor represented, the meeting shall be adjourned for ten days, and the
vote of the majority of the stock present, and represented at such ad¬
journed meeting, shall bind the company, in the same manner as if a
majority of all the stock were present and represented.
11th. Any vacancy in the Board of Directors occurring during
the year, may be filled by a vote of the Board of Directors.
I2th. The President and Directors of the said corporation, shall have
power to make and use a common seal, and to do every thing necessary
for the construction, repair and maintenance of the improvements of the
navigation of the canal, and Bayou herein before described, as well as
for the construction of docks, wharves, and other improvements, deem¬
ed necessary : and for the purpose of speedily and properly making
said improvements, to purchase all machines, and other equipments,
deemed by them necessary or useful to the purposes of the company ;
to appoint a Secretary, Treasurer, Superintendent and other officers and
servants necessary or proper, for the faithful performance of any duty
necessary to the proper maintenance of the said improvements ; to fix
the rates of tolls thereon, to make rules and regulations, and other by¬
laws deemed necessary for the proper, safe and regular .transaction of
the business of the company. But such rules and regulations shall be
subject to repeal or amendment, by a majority of the Stockholders at
their meetings, or by the President and Directors in the interval.
They shall declare semi-annually the dividends arising from said im¬
provements, after the payment of all necessary expenses, and they shal^
keep, or cause to be kept, a regular set of books, in which shall be
entered all the business transactions of the company.
13th. Stock books shall be kept at the office of the company.
Certificates of stock shall be issued to the Shareholders, and no trans-
L
82
fer of stocks stall be binding on tbe company, until made on its stock
book. No transfer of stock, stall exempt the party transferring it,
from the obligation of paying instalments previously called for ; and
no Stockholder shall be entitled to vote, at any meeting of the Stock¬
holders unless he became a Stockholder, on the books of the company,
at least thirty days previous to such meeting.
14th. The Directors may establish ofSces for the transfer of stock,
in the cities of Philadelphia and New-Orleans.
15th. No money shall be borrowed by the said company, unless au¬
thorized, by a vote of two thirds of the stock represented at a regularly
called meeting of the Stockholders. But the Board of Directors may
contract for the purchase of land, machinery, materials and other
necessary supplies, or labor, on such terms as they may deem proper.
)' 16th. At the annual meeting of the Stockholders, on the first Mon¬
day in January, statements of the financial and other affairs of the com¬
pany shall be laid before the meeting, by the President and Directors
then in office. The President and Directors may call other meetings
when they may think proper, and it shall be their duty at any time, on
the requisition in writing, of Stockholders representing one fifth of the
stock of the company, to call a meeting of the Stockholders, to take
into consideration any matters affecting the interest of the company.
17th. At the expiration of the charter, or whenever the dissolution
of the corporation shall render necessary its liquidation, three Com¬
missioners shall be elected by the Stockholders, at a meeting convened
for that purpose, whose duty it shall be, to take possession of the pro¬
perty of the company, and conduat its business to a final liquidation,
on such terms, and in such manner as shall then be determined, and
in accordance with the act of the legislature of the state of Louisiana,
entitled, « An act relative to the Orleans Navigation Company, the
Bayou St. John and Canal Caroiidelet," Approved the 18th March
1852.
Philadelphia^ Odtdber 18fA, 1852.
85
BY-LAWS
op the
NEW-ORLEANS CANAL AND NAVIGATION COMPANY
Article 1. A meeting of the Stockholders for the election of Di¬
rectors, and for other purposes, shall be held annually, on the first
Monday in January, (except in the year 1853,) at the oifice of the
Secjetary of the company; in the city of Philadelphia, or at such other
place as the Directors may designate, and notice thereof shall be given,
at least thirty days previously thereto, by advertisement in a news¬
paper, in the cities of Philadelphia and New-Orleans respectively,
which notice shall be published at least once in each week until such
meeting.
Art. 2. At the annual meeting, there shall be chosen by ballot
from among the stockholders, nine Directors to serve for the ensuing
year, and until others shall be duly elected to succeed them. The
Directors thus chosen shall elect one of their members President, and
shall also appoint a 'Secretary, and Treasurer, a Finance Committee
and a Managing Committee, each committee to consist of not less than
three Directors to serve for one year, and until others are appointed to
succeed them, the President shall be ex-officio, a member of each of
such comn)ittees.
Art. 3. The stated meetings of the Board of Directors shall be
held monthly, on the second Monday of every month, at the office of
the company in the city of Philadelphia. Special meetings of the
Board may be called at any time, on the written request of four mem¬
bers addressed to thq President, who shall direct the Secretary to give
notice of such special meeting.
Art. 4. At all meetings, the President, or in his absence a Presi¬
dent pro tempore shall preside, and five members of the Board of Di¬
rectors shall constitute a quorum for the transaction of business.
86
Art. 5. The order of business shall be as follows ;
1st. Tho minutes of the prececding stated meeting, and of all sub¬
sequent special meetings, shall be read by the Secretary, and sub¬
mitted for approval or correction.
2d. The Secretary's report shall be read.
3d. The Treasurer's report shall be read.
4th. The reports of Committees shall be read and acted upon, in
the order named in Article 2. ^
5th. Deferred business and new business.
Art. 6. The President shall preserve order. When a motion shall
be made and seconded, it shall before debate, be stated by the Presi¬
dent, and every motion shall be entered on the minutes, together with
the names of the mover and supporter, unless dispensed with by the
Board. No Director shall speak more then twice on any question
without permission of the Board, and shall rise to address the Presi¬
dent. The yeas and nays may be called by any two members, and the
names shall be called alphabetically, the President last.
Art. 7. All Committees except those named in Article 2., shall
be appointed by the President.
Art. 8. The Secretary and Treasurer shall be ex-officio members
of the Board of Directors, but shall not be entitled to vote upon any
question pending before the Board, unless they are elected members
thereof.
Art. 9. The Secretary shall keep his office in the city of Phila¬
delphia, which shall be the office of the company, in that city.. He
shall keep a faithful record of all the acts and doings of the Board of
Directors. He shall make reports of the business of the company to
the Boárd of Directors monthly, or oftener if required, and generally
do and perform all other acts pertaining to the office of Secretary, or
that the Board shall from time to time require. In case of his absence
or inability, a Secretary may be appointed by the Board pro tempore..
The Secretary shall also, by the approbation of the Board of Directors,
appoint an Assistant Secretary at New-Orleans, who may be required
to give security for the faithful performance of his duties.
Art. 10._ It shall be the duty of tho Assistant Secretary at New-,-
Orleans, to keep the books and accounts of the company, to receive
moneys collected from tolls and other sources, and deposit the same as
he shall be directed by the Treasurer, and to make full and accurate
returns thereof, and report to the Secretary at the end of each and
every month.
87
Art. 11. The Treasurer shall receive from the Secretary all moneys
of the company, and deposit the amount thereof in Bank, and invest
and disburse the same, as the Board of Directors may order and direct.
He shall keep a regular cash account, and shall make monthly reports
to the Board of Directors of the receipts and disbursements. He may
be required to give security for the faithful performance of the duties
of his office.
Art. 12. The Finance Committee shall provide means to pay all
approved claims, from the resources of the company, they shall have
authority to direct the funds of the corporation to Ihe purposes con¬
templated by its charter, and shall make report of all their acts
monthly to the Board of Directors.
Art. 13. The Managing Committee shall also be the committee on
claims. They shall manage the business of the company at New-Or¬
leans, appoint a superintendent, and such subordinates as may be
required, shall be charged with the purchase of materials and with all
things necessary to be done* in the execution of the works and improve¬
ments contemplated in the Charter. They shall investigate and ap¬
prove of, or reject all claims against the company, and report monthly
to the Board of Directors, of all their acts. The President shall be
ex-officio a member of such committee. One of said committee shall
be required to be at all times at New-Orleans.
Art. 14. The salaries of the officers, superintendents and agents
shall be fixed by the'Board of Directors, as also all compensation al¬
lowed to committees or members for services, and no change shall be
made in such appointments, salaries or compensations, unless by a vote
of a majority of the whole Board of Directors.
Art. 15. All certificates of stock issued by this company, shall
have the corporate seal of the company affixed thereto ; be signed by
the President, and attested by the Secretary, and countersigned by the
Treasurer, and no transfer shall be allowed on the books of the com¬
pany, until all arreagcs shall be paid.
Art. 16. Books for the recording and transfcring of stock, shall
be opened at the office of the company in Philadelphia and New- Or¬
leans respectively. The Secretary and Assistant Secretary shall, with¬
out any delay, notify each other of any transfer of stock on their books
respectively.
88
Art. 17. Directors shall be voted for by ballot : on each ballot
shall be written the name of the person voted for, and the number of
shares such ballot represents.
Art. 18. In all elect'"'^'"" for Directors, each share shall be enti¬
tled to one vote : and such vote may be cast in person, or by proxy
in writing, attested by a witness.
Art. 19. The corporation shall have a common seal, with such
device as the Directors shall determine, which seal shall be kept
the Secretary.
Art. 20. In'case of non-payment, in whole or in part, by any
Stockholder of any instalment or instalments, or assessments, on any
share or shares of stock, as the same may be called for or levied by
the Directors, the Board of Directors may proceed, (after thirty days
notice in writing, to any Stockholder in default,) to declare said stock
forfeited to the company, together with all or any instalments, or as¬
sessments previously paid thereon, or may institute suit against such
Stockholder, for any instalment or assessment in arrears, or may sell
the stock, as the Board of Directors may deem most beneficial to the
interests of the company.
Art. 21. The assessments or instalments upon stock, ordered by
the Board of Directors, as provided in the Charter, shall be due and
payable by the Stockholders, after thirty days notice given by adver¬
tisement thereof, in a newspaper published in the cities of Philadel¬
phia and New-Orleans respectively, once in each week, for four con¬
secutive weeks, prior to the time named for the payment of such in¬
stalment or assessment.
Art. 22. The Board of Directors shall fix the rate of tolls to be
collected upon the Canal and Bayou St John, and upon other works
which may be hereafter completed by the company, under the condi¬
tions of, and in accordance with, the objects and purposes of the char¬
ter, and they may alter such rates from time to time, as the interests
of the company, may in the judgment of the Board require.
Art. 23. Any of these By-Laws may be altered, amended, or re¬
pealed, by a vote of the holders of two thirds of the shares, at a reg¬
ularly called meeting of the Stockholders, or by the Board of Direct¬
ors at the intervals, subject however to repeal or modification by the
Stockholders, at their meetings aforesaid.