A CONTENTION OF DELEGATES, 
 
 ELECTED BY THE CITIZENS 
 
 OF THE 
 
 DIFFERENT DISTRICTS .INTERESTED 
 
 IN THE 
 
 CONNEXION 
 
 OF THE 
 
 SUSQUEHANNA AN© LEHIGH RIVERS, 
 
 THROUGH THE VALLEY OF THE NESCOPECK, 
 
 AND IN THE 
 
 NAVIGATION OF THE LEHIGH, 
 
 ON ESSBITABiS TEBIttS. 
 
 HELD AT 
 
 CONYNGHAM TOWN, LUZERNE COUNTY, 
 
 On the 20th and 21st days of December, 1832. 
 
^ % b 
 
4 
 
 PROCEEDINGS, &c. 
 
 At a Convention of Delegates, elected by the Citizens of the 
 different Districts interested in the connexion of the Sus¬ 
 quehanna and Lehigh Rivers, by a Canal through the 
 Valley of the Nescopeck, and in the navigation of the 
 Lehigh upon equitable terms, held at Conyngham Town, 
 Luzerne County, on the £Oth day of December, 1832,— 
 
 Nathan Beach, Esq. was appointed President; Jesse Bow. 
 man, and Samuel Smith, Esqs. Vice Presidents ; Jacob 
 Drumheller, and Ziba Bennet, Secretaries. 
 
 The object of the Convention having been stated, on 
 motion, 
 
 j Resolved, That the subject of the monopoly claimed and 
 exercised by the Lehigh Coal and Navigation Company, and 
 of the oppressive conduct of said Company towards their 
 fellow-citizens, be referred to a Committee, with directions 
 to suggest the best means of obtaining relief. 
 
 The following gentlemen were appointed:—Jacob Drum¬ 
 heller, Jedediah Irish, Moses S. Brundage, Henry Colt, 
 and Andrew Hunlock. 
 
 On motion of James A. Gordon, it was 
 Resolved , That a Committee be appointed to consider the 
 subject of the proposed connexion of the Susquehanna and 
 Lehigh Rivers, by a Canal through the Nescopeck Valley. 
 
 Jesse Bowman, Ziba Bennet, Nathan Beach, Palmer 
 Steel, and James A. Gordon, were appointed on that Com 
 mittee. 
 
 On motion , The Convention adjourned to meet again at 
 nine o’clock to-morrow morning. 
 
 0 * 
 
 i 
 
 ' 
 
 
4 
 
 DECEMBER 31 . 
 
 The Convention met pursuant to adjournment. 
 
 The Committees appointed yesterday, made the following 
 Reports, which were unanimously adopted :_ 
 
 The committee to whom was referred the subjects of the monopoly 
 claimed and exercised by the Lehigh Coal and Navigation Com- 
 pamj, and of the oppressive conduct of said company towards their 
 fellow citizens, and of the means of remedying the same, 
 
 report, 
 
 That when the individuals who originated the Lehigh Coal and 
 Navigation^ company, or as they have entitled themselves, the 
 Pioneers ot that company, first presented themselves in the region 
 of the Lehigh, they came as petitioners to the citizens of that region 
 soliciting their assistance in obtaining the Legislative enactments 
 which have given a legal existance to that company. Those 
 citizens were assured that these improvements in the navigation of 
 the Lehigh, were designed to enable them to transport their pro¬ 
 duce more readily to market than by the natural channel of the river 
 and to develope the latent resources of the country for the com- 
 mon advantage of all. 
 
 If these individuals had any design or purpose, such as that now 
 avowed by the company, of making their canal subsidiary to their 
 trade, and to sacrifice every other interest to that object, they care¬ 
 fully concealed it, and obtained an unjustifiable advantage over those 
 who forwarded their enterprize. 
 
 By a reference to those acts of Assembly which have vested this 
 company with their privileges, it will be seen that the Legislature 
 entertained no other views of the nature of these grants, than tho«e 
 which the citizens of the Lehigh had, as above stated, derived from 
 the representations of the pioneers of that company ; the preamble 
 to the act of incorporation distinctly evinces that its purpose is a 
 public, and not an individual benefit. And the various provisions 
 ot the act, allow them an extraordinary latitude in the time 
 and manner of constructing the canal, and give them the im- 
 mense water-power of the river, besides a power to charge toll 
 carefully limited to what was supposed, in the then imperfect state 
 ot information, would be a reasonable compensation for their 
 expenditures. These donations were not made without the hope 
 of some equivalent; and what was that equivalent but the benefits 
 which the public was expected to derive from their improvements? 
 
 I he checks and obligations that were imposed upon them, were 
 such as were imposed upon other canal companies of that time 
 and were evidently intended to secure to the public an improved 
 navigation from the mouth to the Great Falls of the Lehigh, and 
 to insure to every citizen the right to use it, upon the payment of 
 reasonable toll. There is not a single clause in their charter to 
 countenance the idea that the right to improve the river was given 
 for the sole, or even primary purpose of facilitating their mining 
 
h 
 
 operations. Had such been the object of the grant, their charter 
 would never have stipulated that the company should extend their 
 artificial navigation beyond their coal mines, nor have contained as 
 it does, restrictions and directions, obviously intended to assert the 
 rights of the citizens at large. 
 
 Notwithstanding the professions of the pioneers of that company, 
 and notwithstanding the obvious purposes of their charter, the toll 
 laid by this company upon coal, has for some years past, (as can 
 be judicially proven,) not only been practically a prohibition, but 
 confessedly laid with that very intent. If this be not an abuse of 
 their charter, then we have been grossly mistaken in stating that their 
 charter was bestowed upon them for the public benefit: and then we 
 should enquire for what national benefaction have they merited, that 
 the property of one of the great water courses of our State should 
 be divested from the people and made private property in perpetuity. 
 The State confides the power to lay tolls to this company, as they 
 do to every other canal or turnpike company, as a means of de¬ 
 riving an interest or annual return for their expenditures, and any 
 other use of this power is a mere perversion of it. A pecuniary 
 limit of the rate of tolls, beyond which the company should not 
 pass, was fixed ; behind which they entrench themselves, and scoff 
 at the complaints of the aggrieved citizens. If the fixing a pecu¬ 
 niary maximum be regarded as a justification of all manner of op¬ 
 pression within its limits, then there can be no greater act of mad¬ 
 ness than to fix such a limitation ; for a thousand vicisitudes, poli¬ 
 tical, commercial, or financial, may render it inadequate to the 
 protection of the rights of the citizen. 
 
 But we deny that such is the true character of this clause of re¬ 
 striction. It is intended to assist in restraining the extravagancies 
 of power; but it is not intended to supersede another restriction 
 derived from the first principles of justice and policy, viz: that the 
 right of the citizens of this Commonwealth to use its great water 
 courses is, as it has been declared by her Legislature, indefeasible; 
 and that the grantees are mere stewards of them for the use of the 
 public, and that any prohibitory policy is a breach of the trust 
 reposed in them . 
 
 There are many other exhibitions of this monopolizing spirit in 
 the conduct of this company; instead of encouraging immigration 
 into the region, they have excluded it with the most jealous cau¬ 
 tion ; until recently, they have not permitted a single resident at 
 Mauch Chunk (the present head of the navigation) unless by per¬ 
 mission of the company; nor a trade or calling to be exercised 
 without a special license. They have extended their canal to their 
 own property, and no farther; and thus, owning the Landings, they 
 have in a great measure prevented all others from participating in 
 the benefits of the canal. 
 
 Their town of Mauch Chunk and the adjoining country, presents 
 the singular spectacle in the midst of republican Pennsylvania, of a 
 dominion unknown to the laws: for by these acts of exclusion, they 
 have seized on the principal trade of this region, and the mass of 
 the population has become either directly or indirectly dependent 
 on them, and must submit to great pecuniary sacrifices, or lend 
 assistance to the perpetuity of their present power, and the ad¬ 
 vancement of their plans of prospective aggrandizement. 
 
6 
 
 When we contemplate these things, and also perceive the im¬ 
 mense influence the managers of that company now possess, de¬ 
 rived from the investment of near three millions of dollars in stock 
 and loan—from the large amount ofmoney expended in their coal 
 business—from the great number of men under their control—and 
 from the immense patronage incident to the office of canal com¬ 
 missioner, held by one of their number; and reflect, that if their 
 present policy is sustained, the increasing demand for coal will 
 enable them in a few years to disburse several millions of dollars 
 annually, and to keep in their employment many thousands of men, 
 is there not reason to be jealous of the advancing power of this 
 mammoth institution, and are we not justified in feeling some pre¬ 
 monitory dread that this system will be fastened upon us forever, 
 unless it be now checked in its germ. The destruction of this 
 monopoly would not only open the vast resources of the coal re¬ 
 gion of the Lehigh, but extend a powerful beneficial influence 
 to a large surrounding agricultural district, by offering a cash 
 market for their produce in the dense population that would be 
 there concentrated by the untrammelled exercise of enterprize and 
 industry. On the Schuylkill large and thriving towns have sprung 
 up as if by magic; while this region, on which nature has lavished 
 her mineral bounties with such profusion, and bestowed an inex¬ 
 haustible river to convey them to market, is yet slumbering beneath 
 the shades of the primeval forest. But the wide detriment of this 
 monopoly is not confined to any particular section of country; 
 every consumer of coal, both within and without the State, and all 
 those who are or wish to be engaged in the coal business, espe¬ 
 cially the citizens of Philadelphia, both as consumers and traders 
 in coal, must sooner or later feel the injury. The Schuylkill, the 
 Lackawaxen and the Lehigh, are the three great sources from 
 which anthracite coal is procured for the use of the sea-board. 
 Two of these are in the hands of Companies, possessing this power 
 of monopoly, who can, by a combination, control the trade, and 
 regulate the supply and price. Are these visionary causes of ap¬ 
 prehension? Are they not rather fears which may fall on the wise 
 and prudent ? 
 
 The largest income of the English Canals is derived from the 
 transportation of coal, and so it must be with the Pennsylvania 
 Canals. Hundreds of thousands of tons will in time be transported 
 to market from this region, along the Delaware Division of the 
 State Canal, if the trade be relieved from the influence of this 
 withering monopoly, and restored to a state of healthful competi¬ 
 tion. 
 
 The State herself is therefore a sufferer to a large amount from 
 the prohibitory policy of the Company, for every ton excluded from 
 the Lehigh is necessarily prevented from entering the Delaware Divi¬ 
 sion of the State Canal. Such are the injuries which this company 
 have inflicted upon various classes of the citizens of this com¬ 
 monwealth, as well as upon the State; and the inquiry which 
 naturally arises is, are these evils remediless? Fortunately they are 
 not; for the Legislature, like careful guardians of the people’s rights, 
 have, in the twentieth section of the act of 1818 , in which act this 
 company originated, reserved a power in the following words. “ If 
 they shall at any time hereafter misuse or abuse any of the privileges 
 
7 
 
 granted by this act, then, or in either of these cases the legislature 
 may resume all and singular the rights, liberties, and privilges here¬ 
 by granted.” 
 
 If therefore we have succeeded in demonstrating misuse or abuse 
 of the Charter, the requisite powers are not wanting to rectify it. 
 Your committee would therefore recommend that the Legislature be 
 memorialized and the abuse that this company has assessed tolls for 
 the avowed purpose of prohibition be distinctly laid before them, and 
 their interference under this section of the act be respectfully prayed. 
 
 Besides this power the State has other means of redress within 
 her reach not less efficient, and which she may apply, even without 
 the existence of an abuse pn the part of the company, from a sense 
 of policy, or for the promotion of her own interest. She is the 
 owner of the Delaware Division of the State Canal. The Lehigh 
 Company cannot advantageously pursue their coal trade without 
 using this canal, and the state may prescribe the terms upon which 
 it may be used. She is peremptorily required by a sense of her 
 own interest, to modify the present terms upon which it is used, and 
 this modification, as will appear by the following statement, will 
 result in effects which will compel this company to listen to reason. 
 
 The Delaware Division of the State Canal is sixty miles in length; 
 its lockage is one hundred and sixty feet; and twenty feet of lockage, 
 is, according to the estimation of scientific and practical men equal to 
 a mile of canal, both as to cost of construction and the expense and 
 time of transportation. According to this principle of computation, 
 the lockage of the Delaware Canal is equal to eight miles, which 
 being added to the length, makes that canal equivalent to sixty-eight 
 miles. The Lehigh Canal is forty-six and a half miles in length, 
 and its lockage three hundred and sixty-four feet, which being re¬ 
 duced according to the foregoing ratio, is equal to eighteen and a 
 half miles, which added to the forty-six and a half miles, makes that 
 canal equivalent to sixty-five miles. The whole toll imposed on a 
 ton of coal for its transit from Mauch Chunk to the head of sloop 
 navigation is one dollar and thirty-four cents; of this the State’s 
 proportion should be sixty-eight and a half cents, and that of 
 the company sixty-five aud a half cents, whereas, in fact, the 
 State receives but thirty cents, and the company one dollar and 
 four cents. Now, this disproportion is caused by an error some¬ 
 where, and that error must be one of three alternatives, either that 
 the coal does not pay sufficient toll, and a sum must be added to the 
 toll of the state to increase it to the relative proportion it should bear 
 to that of the Lehigh—or it pays too much and the tolls of the Le¬ 
 high should be reduced until they bear their due proportion to those 
 of the state canal—or it pays the proper sum and the error is in the 
 division or distribution of the toll between the state and the com¬ 
 pany—whichever of these alternatives includes the error, there is 
 but one remedy, and that is that the state should increase her tolls. 
 If the error be in the first alternative, then the increase of tolls re¬ 
 moves it directly. If in either of the others, it is only by imposing ad- 
 tional tolls that the state can compel the company to rectify the error. 
 
 Should it be enquired how the grievances of the citizens would 
 be remedied if the State should adopt these suggestions, it may be 
 answered that we state the case in such manner as to demon- 
 
8 
 
 strate the policy of the State independently of the question of our 
 grievances. And as regards the citizens who propose to engage 
 m the coal trade, whether the tolls of the whole line be increased 
 decreased or remain stationary, it is their interest that the State 
 should obtain her due proportion of them: for any advantage which 
 Uie Company may gain in the division, operates as a bounty on the 
 Company’s coal, and would enable them to undersell their compe¬ 
 titors in the market, even were such competitors under no other 
 disadvantages. But although we have endeavoured to demonstrate, 
 that the State should adopt this measure without inquiring in which 
 of the three alternatives the error lies; yet, we are conscious, that 
 when the Company are reduced by these adversary proceedings to 
 do justice, it will be seen that that justice will consist in the reduc¬ 
 tion of the tolls which are now prohibitory, and in a more equitable 
 division of them when so reduced. A low toll has been laid by 
 the State on all coal passing through her canals, for the purpose of 
 
 encouraging the trade and consumption of coal; and no doubt it 
 will have that effect generally; but on the Delaware, it has pro- 
 duced a result directly contrary, as it enables the Company more 
 effectually to sustain their monopoly and prevent a full flow of coal 
 into the Delaware division of the State canal. It is therefore mani¬ 
 fest, that the State, in justice to herself as well as to those of her 
 citizens who depend upon the Lehigh as their only outlet to mar¬ 
 ket, (and who, whilst they are deprived of the natural channel of 
 that river, and thereby excluded from a participation inthe use of 
 the State canal, are at the same time taxed to supply the deficiency of 
 tolls, caused in part by their very exclusion ) ought to levy such tolls 
 upon all coal passing thro’ the Delaware division of the State Canal, 
 as would make it the interest of the Lehigh Coal and Navigation 
 Company to abandon their prohibitory policy, and secure*to the 
 State a just and fair proportion of tolls. No legal or moral objec¬ 
 tion can be made to this course on the part of the State; as the 
 Company commenced their improvements with a view to the 
 natural channel of the river Delaware, the use of which they still 
 hold unimpaired, (a favour they have not shown to those resident 
 on the Lehigh,) and without any pledge on the part of the State to 
 construct the Delaware Canal for their benefit, much less for their 
 almost exclusive use. 
 
 By the following statement it will be perceived that the company 
 would be benefitted by the use of the Delaware canal, at more than 
 three times the present rate of toll. 
 
 Statement of the actual cost of transporting coal in arks by the 
 natural bed oi the Delaware, given by the late acting manager. 
 
 Freight from Mauch Chunk to Easton, - - . 35 pr ton 
 
 44 Easton to Coal Haven, - - _ . 37^ 
 
 44 Coal Haven to Philadelphia, - - 15 
 
 Loss on lumber, and returning iron, - - - . l 50 
 
 ._(#2 37^. 
 
 Cost by the Delaware Canal. 
 
 Freight from Mauch Chunk to Bristol, - - - 1 12| 
 
 44 Bristol to Philadelphia, - - . 
 
 ~— 1 25 
 
 Difference, 
 
 p 
 
A reference to the report of the company in 1832 will show that 
 when coal is transported in arks, one thousand tons of coal 
 requires more than 130,000 feet of lumber. It is known that a 
 supply of this article sufficiently large to send down any considera¬ 
 ble quantity of coal in each year, cannot, therefore, be obtained. 
 Without the use of the Delaware Canal, the amount of their ship¬ 
 ments must have continued very limited, and the expense of trans¬ 
 portation so heavy as to have kept their income below the amount 
 required to pay the interest on their loans. 
 
 The State, by constructing the Delaware Canal, has removed 
 their embarrassments and raised them to a state of opulence, as is 
 indicated by the rise of their Stock since the completion of the 
 Delaware division of the State canal. 
 
 We would therefore ask if a sense of justice should not induce 
 the State to levy such tolls on the Delaware canal as would relieve 
 the present burden of taxes upon the public, and compel this Com¬ 
 pany to do justice to those citizens who are suffering under the 
 oppression of this monopoly, and are at the same time arr* gantly 
 told by the Company, 44 We have the power and we will forever ex¬ 
 clude you from market .” 
 
 It will not a little strengthen our positions to expose the feeble 
 arguments with which they have been assailed; for the policy of this 
 Company, like every other species of injustice, is only the more 
 betrayed by any attempt to defend it. 
 
 They confess that they intend to keep the coal trade to them¬ 
 selves, and to prevent the second coal field from 44 being opened 
 to a market;” (we quote the language used on various occasions 
 by their managers,) and yet they declare that they are justified in 
 laying their present tolls upon coal, on account of the large dimen¬ 
 sions of their canal, forgetting that when tolls are raised to a point 
 of prohibition, it is mere mockery to point out the advantages of 
 their canal to those whom they will not permit to use it, and yet 
 there is no argument on which they have dwelt with more appar¬ 
 ent complacency. The whole matter, when rightly understood, 
 amounts to this: they constructed their canal as a continuation of 
 the navigation of the Delaware, and it will pass arks and rafts of 
 the largest size, which after leaving the Lehigh may be floated 
 down the natural channel of the Delaware. A steam navigation 
 was also contemplated, and the size of the canal was accommo¬ 
 dated to steamboats, which it was supposed might force their way 
 up the stream from Philadelphia; but a material alteration has been 
 made in the condition of things by the construction of the Dela¬ 
 ware division of the State canal; a boat navigation has by this 
 means been continued to Bristol ; as, however, the State canal is 
 of ordinary dimensions, the great width and depth of the Lehigh 
 canal is useless to those who adapt their boats to the size of the 
 State canal. Experience has shown that coal cannot be profitably 
 transported by the channel of the Delaware, and thus those who 
 deal in that article will have no benefit from these circumstances 
 which the Company say should enhance their tolls. 
 
 The advocates of the Company also insist upon the cost of their 
 canal, as affording a justification of their rates of toll; there were 
 no natural impediments which enhanced the cost of this canal 
 beyond that of other canals of the same length and lockage, nor 
 
10 
 
 was the actual cost more; but they involve in the estimation of the 
 cost many thousands of dollars wasted in creating a descending 
 navigation, which was afterwards abandoned, and other extrava¬ 
 gant projects. It is idle to attempt to charge the citizens with 
 the cost of these futile schemes. 
 
 They also attempt to justify their tolls by the allegation, that 
 they have as yet received no returns for their investment. To this 
 we reply, that it is true they have received no returns, and proba¬ 
 bly never will while they prevent the public from using the canal. 
 Let them but open the sluices of trade, and we will warrant the 
 filling of their coffers. 
 
 JACOB DRUMHELLER, 
 JEDED 1 AH IRISH, 
 
 MOSES S. BRUNDAGE, 
 HENRY COLT, 
 
 ANDREW HUNLOCK. 
 
 Report of the Committee to whom was referred the subject of the 
 connexion of the Susquehanna and Lehigh , by a Canal through 
 the Valley of the Nescopeck. 
 
 Your committee deem it needless to enlarge upon the practicabil¬ 
 ity of this route, for that has been settled affirmatively by scientific 
 surveys, under the direction of the State. Neither need we depict 
 the manifold advantages of this communication, a communication 
 by which it is proposed virtually to bring the Valley of the North 
 Branch fifty miles nearer Philadelphia. 
 
 It being then established beyond controversy, that the object is 
 highly desirable and the difficulties of nature easily overcome, let 
 us enquire what obstacles have prevented its construction. Your 
 committee do not hesitate to declare that they solemnly believe 
 that these obstacles are to be found in the policy of the Lehigh 
 Coal and Navigation Company, a policy pursued by that company 
 against all the convictions of reason, and which can only be 
 reduced within the bounds of justice, by the interference of the 
 Legislature. 
 
 In addition to the usual powers and privileges granted to Navi¬ 
 gation companies, this company have unfortunately been invested 
 with the power to transact any and all kinds of business, except 
 banking, and in this consists the origin of many evils. In granting 
 the great water-courses of the State, to companies for canalling 
 purposes, the interest of the citizens is in most instances secured 
 by the obvious and necessary policy of the grantees, which is to 
 foster their only source of revenue by inviting and encouraging the 
 use of their canal. But when other resources are placed within 
 their reach, this security is lost, and no Legislative limitation of the 
 power to impose tolls, can supply its place ; for a maximum of 
 tolls cannot be so adjusted by the most enlightened foresight, as 
 not to become either too liberal or too restricted in some of the 
 mutations of human events. The history of this very company is 
 
an apt illustration of our doctrine. The caution of the Legislature, 
 established the maximum of tolls on coal, at two and two thirds of 
 a cent for every six feet of lockage; the company have effectually pro¬ 
 hibited that article, by placing their tolls at one and three quarter 
 cents, and the only use of a provision introduced by the Legislature 
 for the protection of the citizen, is to enable the company to injure 
 him under the forms of right, and to add insult to injury, by boasting 
 of their moderation. 
 
 Let us proceed to point out the various exhibitions of the mo¬ 
 nopolizing spirit of this company, produced by this unhappy feature 
 of their charter; and then we will designate their retarding effects 
 upon the enterprize in question. The company have first laid 
 tolls upon the article of anthracite coal, which effectually close 
 every mine in the region but their own. They have laid these 
 tolls wittingly, with that very intention, as they have repeatedly de¬ 
 clared, and openly professed. 
 
 Secondly , They have used various other means to confine the 
 benefit cf the canal to themselves, and to defeat the main purpose 
 of their charter. It would exceed our limits, to embody in lan¬ 
 guage, all the complaints on this subject which are in the mouth of 
 every individual on the whole line of the canal, from Mauch Chunk 
 to Philadelphia :—-let a few instances suffice. The river Lehigh is, 
 by the charter, divided into grand sections; the first of which 
 extends from its mouth to the Nesquihoning creek. This they 
 have completed, except a mile and a half; by which distance they 
 have stopped short of the Nesquihoning. The motives for their 
 leaving the section incomplete are, that by continuing their canal 
 one and a half miles further, their town of Mauch Chunk would 
 cease to be the head of the navigation, and the old Lehigh landing, 
 the property of others, would then occupy and possess the advan¬ 
 tages of that enviable situation. This did not suit the views of the 
 company. It however so happened, that it was necessary for them 
 to open some mines in the valley of the Nesquihoning ; and it then 
 seemed requisite for their own purposes, to extend their canal to 
 that stream; and the expedient to which they resorted to avoid this 
 result, affords a curious comment on their policy. 
 
 If they extended their canal the inhabitants of the places imme¬ 
 diately above Mauch Chunk would be enabled to use it at some rate 
 of toll; but a rail road along side of the river on lands which the 
 company owned or could secure by purchase, would be their private 
 property, and benefit none but themselves, and this they have actu¬ 
 ally effected at a cost of perhaps double that of a canal, owing to 
 the difficulties of the ground ; and although, according to their 
 own published statement, the cost of transporting coal on their 
 rail road is seventimes greater than on their canal. 
 
 Recently they have offered town lots in their village for sale. We 
 say recently, for till of late none were allowed to settle in the village 
 or carry on any occupation within its bounds without a licence. 
 The physician, the tavernkeeper, the shoemaker, were all licentiates 
 of the company. In these sales they carefully avoid parting at any 
 price with the landings or accesses to the canal—thus retaining the 
 power of preventing the landing of any article of which they wish 
 to enjoy the monopoly. 
 
Thirdly , They have been for years engaged, and have resorted 
 to every species of device, to avoid extending their work to the 
 upper sections of the river. When the canal was finished to Mauch 
 Chunk their own purposes were effected; the extension beyond was 
 for the benefit of the public and to be avoided. Fifteen miles of 
 descending navigation of the second grand section were to have 
 been completed in the year 1832; but we have to deplore that the 
 Legislature of 1830 remitted this obligation or rather threw it back 
 on the next instalment of duty which will fall due in 1838, by which 
 time they must have completed a descending navigation from Stod- 
 dartsville. This advantage was gained by our remissness. Had 
 the motives for refusing this indulgence been properly represented 
 to the Legislature they would have proved irresistible. Let us not 
 again be subject to this reproach. The year 1838 is fast approach¬ 
 ing and their efforts to escape this obligation are untiring. Our 
 vigilance being aroused they despair of effecting any thing by sur¬ 
 prize; but have changed their mode of operations and hope to lure 
 us by deceptive and artful promises and engagements. 
 
 The first exhibition of this design was at the Convention of Tow- 
 anda, and in the bill brought before the Legislature at the ensuing 
 session, entitled a supplement to an Act relating to the Susquehanna 
 and Lehigh canal. The spirit of the whole manoeuvre consisted in 
 deferring the execution of any works on the upper Lehigh, until the 
 completion of the communication with the Susquehanna. They 
 probably reasoned thus Our obligation to extend the naviga¬ 
 tion of the Lehigh is certain :—the completion of the communica¬ 
 tion with the Susquehanna depends upon the subscription of stock. 
 This is contingent; tiie work is of great magnitude and may fail, or 
 be long deferred, and we can throw obstacles in the way—we, 
 therefore, exchange by this management a certain for a contingent 
 evil.” But not content with this advantage, they tacked to the 
 same bill a sly clause which deprives the state of the privilege of 
 purchasing their canal, a right reserved under certain restrictions 
 and after a lapse of 36 years by their charter. We cannot refrain 
 here from remarking that at the very moment when they were thus 
 sedulously endeavouring to repeal this privilege of the State, they 7 
 had a bill before the Legislature containing a delusive offer to sell 
 their canal to the State. The equivalents which they affected to 
 grant for these exemptions were, 
 
 First , The use of the waters of the Lehigh. As regards this, 
 according to the report of the engineer who surveyed the route, the 
 water is not wanted; but an abundant supply could be obtained for 
 the projected canal from ether sources—if wanted, it could be taken 
 constitutionally without the consent of the company. The property 
 of individuals may be so taken, and there is no constitutional prin¬ 
 ciple that exempts the property of corporations when needed for 
 public purposes. 
 
 Secondly , They offered to make an ascending navigation as high 
 as Wright’s creek (but nart of the distance from which they are now 
 bound to make a descending navigation,) instead of a mere descend¬ 
 ing navigation, which is the present form of their obligation. As 
 regards this promise, it is substantially a gain to them. We have 
 never feared that they would make a mere descending navigation— 
 
13 
 
 "their experience on the lower section has taught them its impolicy. 
 
 If obliged to do any thing on the upper Lehigh, they will from 
 preference make a slack water navigation. The whole amount, 
 therefore, of this specious engagement is to release them from half 
 their obligation, and to give them the credit of a benefaction for 
 doing that half the distance, which otherwise they would be bound 
 to do the whole. 
 
 From these and from many other facts too numerous or too mi¬ 
 nute to be stated within our limits, but forming in the mass a body 
 of irresistible evidence, we have been led to the conclusion that 
 this Company has concentred all its hopes and all its energies upon 
 the coal trade, and with a singleness of purpose that makes them 
 deaf to all the appeals of justice and reason. And now we will 
 redeem our pledge to show that this is the real obstacle to the 
 completion of our cherished project of a water communication by 
 the valley of the Nescopeck. j 
 
 Let us, to make this apparent, imagine the Company divested 
 of their trading privileges, and converted into a mere Navigation 
 Company. What would be the result? All their resources and 
 energies would be directed to increase the transportation on their 
 canal, and to make, by every practicable mode of extension, as 
 large a region of country as possible, tributary to the trade of their 
 caAal; nor can it be believed for a moment, that they would permit 
 the rich valley of the North Branch to send its thousands of tons 
 by any other channel to market. What would have been their 
 agency at this end of the canal under such circumstances, may be 
 conjectured from what they have been willing to effect at the other, 
 which falls within the line of their present policy : they have offered 
 to purchase from the State, the Delaware Division of the Pennsyl¬ 
 vania Canal, at a price that would more than construct the Nesco¬ 
 peck Canal; and not content with the extension of the artificial 
 navigation to Bristol, are, at this moment, urging the scheme of its 
 extension to Philadelphia. We have a right to expect the exer¬ 
 cise of these resources in our favour:—for the State has paid a 
 heavy bonus to them in the grant of the waters of this noble river. 
 Besides, the property in our rivers may, in some sense, be called 
 the fund for internal improvement: not only for the improvement 
 of their own beds, but of the whole line of communication to which 
 they belong; and thus the grant of the waters of the Lehigh should 
 have ensured a complete communication to the Susquehanna—not 
 perhaps by direct obligation, but as a natural incident to the grant, 
 had it been made with common precaution. 
 
 But again; the same policy which would induce them to extend 
 the ramifications of their canal, would induce them to encourage 
 the settlement of its tributary region, and to reduce their tolls on 
 every article of the produce of that region, so as to enable it to 
 compete successfully with all rivals in the market. All the mineral 
 resources of the region would, under their encouragement, have 
 been developed, and enterprize in all its forms would have popu¬ 
 lated and enriched the banks of the Lehigh. We have only to 
 point to the Schuylkill to make our imaginings palpable to the 
 senses. Thus, ere this, a market would have been established one 
 hundred miles nearer the North Branch than Philadelphia, which 
 
14 
 
 • 
 
 would have consumed a large quantity of its produce, and there 
 would have been created a wealthy and enterprizing population, 
 directly interested in this extension of the navigation, with its ad- 
 vantages under their very observation, and mingling its interest 
 with that of their daily avocations. Can it be doubted, if Pottsville 
 were on the Lehigh, that this canal would now be in active pro¬ 
 gression, when we see the gigantic undertaking of the Central 
 Railway in a state of energetic construction? Although Pottsville 
 has subscribed but a portion of the stock of that railway, yet she 
 has directed attention to it, and by her influence enlisted the capi¬ 
 talists of other places in the undertaking. Men do not go into the 
 wilderness in search of such objects of investment—they must be 
 brought to their notice by the vicinity of places of importance. 
 But again; no capitalist would embark in an undertaking depend¬ 
 ent on the caprices of this monopolizing Company. What assur¬ 
 ance would they have, that after they had expended their money in 
 the construction of this canal, that the Lehigh would be thrown 
 open to their trade? Besides their coal privileges, this Company 
 is entitled to trade in every other description of business; they are 
 already extensive storekeepers, and are engaged in various manu¬ 
 factures. Will they be under no temptation to use their power over 
 the canal, to give themselves a monopoly in these or any other branch 
 of trade they may choose to undertake. Suppose, being possessed 
 of immense water power and several town plots, they should think 
 it profitable to improve them, and wish to purchase the wheat and 
 other produce of the Susquehanna at their own price, would they 
 not exercise their power over the canal to effect these purposes? 
 Has there been any restraining virtue evinced in their past trans¬ 
 actions, to give any hope or promise for the future? We are 
 aware that at the Towanda Convention and in the Bill there gene¬ 
 rated under their auspices, they offered to graduate their tolls as to 
 all articles but coal, by those of some of the canals who do not 
 proceed upon the monopolizing principle; but he has but little 
 sagacity, who does not perceive how easily these restrictions may 
 be evaded, and that there is no security against the rapacity, of this 
 Company, but in making it their interest to encourage the use of 
 their canal. 
 
 Having thus shown the policy of this Company to be the cause 
 of the failure of this noble project, we refer it to the wisdom of the 
 Convention, to suggest a means of abating that policy. When 
 that is effected, we cannot refrain from anticipating, as an imme¬ 
 diate consequence, the commencement and completion of this im¬ 
 portant communication, and to represent to ourselves the produc¬ 
 tions of our agriculture carried by a cheap conveyance to market, 
 and bringing a speedy return of all the necessaries and comforts 
 of life. 
 
 NATHAN BEACH, ^ 
 JESSE BOWMAN, 
 ZIBA BENNETT, 
 PALMER STEEL, 
 JAMES A. GORDON, J 
 
 4 
 
 o 
 
 o 
 
 B 
 
 s 
 
 HH 
 
 H 
 
 •-3 
 
 M 
 
 « 
 
16 
 
 On motion of Henry Colt, Esq. the following preamble and re¬ 
 solutions were adopted 
 
 Whereas , The Lehigh Coal and Navigation Company obtained 
 their charter upon the condition, (as expressed in the charter,) that 
 they would complete a part of the second grand section in the pre¬ 
 sent year; and whereas they have succeeded in obtaining the repeal 
 of that part of their obligation without the knowledge of those for 
 whose protection it was intended. Therefore, 
 
 Resolved , That such conduct is unjustifiable, and has severely 
 injured the owners of forests of valuable timber on the upper part 
 of the Lehigh, which is dependent upon that navigation for an out¬ 
 let to market. 
 
 Resolved , That we deem it of vital importance to the upper 
 section of the country bordering on the Lehigh, that the Lehigh 
 Coal and Navigation Company complete their improvements to the 
 great falls at Stoddartsville, within the time and agreeably to the 
 act of the legislature of the 20th March, 1818. 
 
 Resolved , That we respectfully remonstrate against any act of 
 the legislature exonerating the Lehigh Coal and Navigation Com¬ 
 pany from fulfilling any engagement specified in the acts of March 
 20 th, 1818, and February 13th, 1822. 
 
 On motion, Resolved , That the following Memorial to the Le¬ 
 gislature be adopted, and the President and one of the Secretaries 
 be directed to sign and forward it. 
 
 MEMORIAL 
 
 Of a Convention of Delegates elected by the Citizens of 
 the different Districts interested in the connexion of 
 the Susquehanna and Lehigh Rivers , by a Canal 
 through the Valley of the Nescopeck , and in the Navi¬ 
 gation of the Lehigh , upon equitable terms , held at 
 Conyngham Town, Luzerne County , on the 20 th and 
 21st days of December , 1832. 
 
 To tSie Senate and House of Representatives 
 of tlie State of Pennsylvania. 
 
 Your Memorialists respectfully shew, that their constitu¬ 
 ents are labouring under the most serious detriment, from 
 the policy inflexibly pursued by T the Lehigh Coal and Navi¬ 
 gation Company,—a policy productive of grievances of al¬ 
 most endless variety. 
 
 That this conduct is clothed in some of the forms of right, 
 but is entirely destitute of the substance, and demands the 
 speedy visitation of Legislative correction. 
 
 The most offensive of its exhibitions is in the prohibition, 
 by means of excessive tolls, of the use of the Canal, into 
 which, under the authority of the Legislature, they have 
 converted the natural navigation of the Lehigh. 
 
 And from this exercise of undelegated power flow many 
 consequential ills, no less in amount than blasting, as with a 
 pestilential influence, that large section of the State known 
 
16 
 
 as the region of the Lehigh ; and incidentally preventing the 
 extension of the artificial navigation to the Susquehanna, and 
 depriving the Delaware division of the State Canal of all its 
 sources of profit, and diverting large streams of wealth from 
 the coffers of the State. 
 
 The nature, the extent, and the evidence of these com¬ 
 plaints, will be found in the annexed Reports of Committees 
 to whom we have referred these topics. 
 
 The 20th section of the act of 1822, the act which confers 
 most of the privileges which this Company enjoy, reserves 
 to the Legislature the power to revoke these privileges when 
 misused or abused ; and we charge this abuse of their char¬ 
 ter, viz: that they have imposed tolls for the purpose of 
 prohibition , with the design of depriving their fellow-citi¬ 
 zens of the use of this canal . We therefore respectfully, but 
 earnestly, claim the interference of the Legislature, under this 
 section of the. act of 1822 ; and ask to be permitted to adduce 
 to your Honourable bodies legal evidence of this charge. 
 
 We also respectfully pray your Honourable bodies to con¬ 
 sult the interest of the State, by imposing such tolls upon 
 all coal passing through the Delaware division of the State 
 Canal, as would make it the interest of the Lehigh Coal and 
 Navigation Company to abandon their prohibitory policy 
 and secure to the state a just and fair proportion of tolls. 
 
 On motion, Resolved, That Samuel Smith, Jacob Drumheller, 
 Nathan Beach, Ziba Rennet, Dr A. B. Wilson, John D. Bowman, 
 Henry Sybert, John Brigs and Peter Yohe, be appointed a Com¬ 
 mittee of Correspondence. 
 
 On motion, Resolved, That the proceedings of this Convention 
 be signed by the Presidents and Secretaries, and published in the 
 public papers. Adjourned. 
 
 NATHAN 
 Jesse Bowman, 
 
 Samuel Smith, 1 
 
 BEACH, President. 
 Vice Presidents. 
 
 Jacob Drumheller, 
 Ziba Rennet, 
 
 Secretaries. 
 
 12 105490