Junction Canal Company
NOTICE.—The subscribers, in behalf of themselves and their associates, intend to make application to the legislature of this state at their next sessions, for an act to incorporate a company to make a Canal, or Side-cut, from the Erie canal to the Hudson river, at or near the middle branch or sprout (so called) of the Mohawk river, between Green and Van Schaick Island, and for other purposes, with a capital of fifteen thousand dollars, with the privilege of increasing it. Troy, 4th December, 1827.
Stephen Ross Gerrit Peebles
Lewis Burtis Abijah Purinton
Elias Parmelee 6dec15
Daily Albany Argus. January 14, 1828: 4 col 3.
Mr. [Moses] Warren presented the petition of sundry inhabitants of Troy and Lansingburgh, praying for a side-cut from the Erie canal to the Hudson river, which was read, and referred to the committee on canals. […]
On the motion of Mr. [Orris] Hart—
Resolved, That the petition of Stephen Ross and others, for a side cut of canal near Lansingburgh, be referred to the canal commissioners, with directions to said commissioners to report to the Senate their opinion thereon, and the effect that the said canal may have upon the interests of the state.
Ordered, That the clerk deliver said petition and a copy of said resolution to the canal commissioners. […]
Mr. Warren presented the petition of sundry inhabitants of Troy and Lansingburgh, praying legislative aid to the proposed company of Stephen Ross and others, to make a side-cut from the Erie canal to the Hudson river, between Troy and Lansingburgh, which was read, and referred to the committee on canals. […]
Mr. Hart, from the committee on canals, to whom was referred the petition of sundry inhabitants of Troy and Lansingburgh, for a side-cut from the Erie canal to the Hudson river, reported as follows, to wit:
That the committee have had the subject under consideration, and have heard the reasons which the applicants urge in favor of the measure. The petitioners show that the village of Lansingburgh has no connexion with the Erie canal for the purposes of business, except through the side-cut at the north end of the city of Troy, and then up the river without a towing path to their village. The lock at Waterford is shewn to be a foot narrower than the locks on the Erie canal; by reason of which the Erie canal boats cannot come to their village but by the way of the Troy side-cut.
They ask leave to make a side-cut nearly opposite to their village from the Erie canal, to dam the sprout of the Hudson river, to build a guard lock, to erect a toll-house, and to have a collector placed at such toll-house, and to erect a weigh lock. They offer to bear the expense of all these charges, and to put the whole care and management of them under the direction and supervision of the canal commissioners or canal boad. If the erection of these works interfere with the interest of any individual, they propose to settle therefor.
The next question is, will this side-cut injure the canal or interfere with its interests. The distance upon which toll will be collected, if this side-cut is made, may be lessened a few rods. The toll at the sloop lock near Troy, upon all property coming from Lansingburgh, will prevent any material injury to the revenue.
The respectability of the village of Lansingburgh, and its capacity for business, seem to demand some consideration, if the public interest is not impaired thereby. The committee do not see that this measure will materially affect the public interest, and the village of Lansingburgh will gain facilities that will render it a useful market, and enable it to compete, upon equal terms, with the villages and cities of its neighborhood. The committee have therefore prepared a bill, and herewith report the same.
Thereupon—
Mr. Hart brought in the said bill, entitled “an act to incorporate the Junction Canal company,” which was read the first time, and by unanimous consent, was also read a second time, and committed to a committee of the whole.
Journal of the Senate of the State of New-York at their Fifty-First Session. Albany, NY: E. Croswell, 1828. 201, 207, 253, 371-372.
AN ACT to incorporate the Junction Canal Company.
Passed April 21, 1828.
The People of the State of New-York, represented in Senate and Assembly, do enact as follows:
§ 1. Stephen Ross, Lewis Burtis, Elias Parmelee, Garrit Peebles, Abijah Purinton, Jacob C. Lansing, and Oliver Arnold, with such other persons as shall associate with them for that purpose, shall be and they are hereby constituted a body politic and corporate, by the name, style and title of the “Junction Canal Company.”
§ 2. The said corporation may make and establish such by-laws, rules and regulations as shall, from time to time, appear necessary for the good government thereof, and the preservation and due management of their property, interest and affairs; and to such by-laws, rules and regulations, may annex suitable penalties, not exceeding fifty dollars, and cause the same to be duly executed.
§ 3. It may appoint, such officers and agents as shall be deemed expedient: The capital stock of the said corporation shall be one hundred thousand dollars, and shall be divided into shares of one hundred dollars each, and shall be transferable in such manner as the said company shall direct, and the same shall be considered personal property.
§ 4. Stephen Ross, Lewis Burtis, Elias Parmelee, Garrit Peebles, Abijah Purinton, Jacob C. Lansing, and Oliver Arnold, or any three of them, shall be commissioners, whose duty it shall be, at such place or places, and at such time or times, as they or a majority of them shall think expedient, to open books for the purpose of receiving subscriptions to the capital stock of the said company.
§ 5. Public notice shall be given in at least one of the newspapers printed in each of the counties of Rensselaer and Albany, of the time and place of opening said books, at least twenty days previously.
§ 6. Such books shall be kept open ten days, if the whole number of shares aforesaid should not sooner be subscribed; and if, at the expiration of that time, the whole number of shares aforesaid shall not have been subscribed then it shall be lawful for the commissioners above named, or any three of them, to adjourn from time to time, and from place to place, until the whole number of shares shall be subscribed, of which adjournment they shall give notice if they deem it proper.
§ 7. The commissioners, or a majority of them, may prescribe the form of said subscription, and whenever twenty thousand dollars shall have been subscribed to the stock of said company, it shall be the duty of the said commissioners, or a majority of them, to give notice by advertisement in at least one of the newspapers printed in each of the counties aforesaid, at least twenty days previous thereto, of the time and place of holding an election of directors of said company.
§ 8. The commissioners before named, or any three of them, shall hold the said election, and shall certify, under their hands and seals, the names of those duly elected, and shall deliver over to them the said certificates and subscription books.
§ 9. The directors so chosen shall hold their offices until the expiration of one year, and until others shall be chosen in their places.
§ 10. In the first election, and all other elections or votings of every description, each share shall entitle the holder to one vote; but no transfer of any share shall enable the holder to vote, unless the same shall have been made at least ten days before such election or voting.
§ 11. The said corporation shall not cease by reason of not holding any annual election on the day designated; but it shall be lawful for the president and directors, by their by-laws, to provide for an election on any other day.
§ 12. The management of the concerns of the said corporation shall be entrusted to not less than five, nor more than thirteen directors, to be elected by ballot, by the stockholders, in person or by proxy.
§ 13. The directors first chosen, and such directors as shall be thereafter chosen at any subsequent election, shall immediately thereafter meet and elect one of their number, who shall be the president thereof until another election, and also elect a treasurer and secretary, who may be removed at the pleasure of the said president and directors, and others elected in their places; and a majority of the said directors shall constitute a board for every purpose within the provisions of this act.
§ 14. The said company is hereby authorised to make, construct, and forever maintain a canal of suitable width and dimensions, to be determined by the president and directors of said company, from a point in the Erie canal at or near its junction with the Champlain canal, in the town of Watervliet, in the county of Albany, thence easterly across or upon the Mohawk river, its branch or branches, island or islands, or any of them, to the Hudson river, at the mouth of the white or middle sprout or branch of the Mohawk river, so called, and to use said river, branch or branches, as a part or in continuation of said canal, to the east bank of said Hudson river; to form, construct and establish a towing path or paths, bridge or bridges, ferry or ferries, harbor or harbors, basin or basins, all necessary locks, aqueducts, culverts, dams, waste-weirs, and toll-houses, and all other works proper or necessary for the towing or conveyance of boats, vessels, or other things, to or from said Erie canal, and said east bank of said Hudson river; to make side-cuts or lateral canals or feeders from said Mohawk river, or its branch or branches, and use the waters thereof, by paying the owner or owners of mills and other hydraulic works, (if any,) all damages which they may sustain in consequence of a deprivation of said waters, when the same shall be ascertained in manner hereinafter provided; to regulate the time, manner and order in which all boats, craft, property or effects shall pass on said canal; to establish the amount of tolls or transit duties, and the manner and mode of collecting the same, whether on the boat, vessel or craft carrying property or effects, or on the property or effects themselves, or both, as the case may be.
§ 15. The said corporation shall complete the said canal, and all the locks and other works connected with or belonging thereto, and necessary for the purpose of boat navigation, in five years after the passing of this act.
§ 16. The powers of the company hereby incorporated shall be confined to the construction of the canal by this act contemplated to be made, and the works to be connected there with, and shall extend to no other object or business whatsoever.
§ 17. That said corporation may purchase and forever hold any and all lands and real estate, necessary for constructing, maintaining and repairing said canal and the works connected there with ; and may also receive, hold and take all voluntary grants and donations of real estate and lands which shall be made to them, to aid the objects of said corporation; and whenever, in either of the ways aforesaid, the said corporation shall become possessed of and own any lands and real estate which it may be unnecessary for them to retain for the purpose aforesaid, it shall be lawful for them to occupy or sell, lease, alien and convey the same, or any part thereof, and to sell or lease any or all surplus waters of said canal and feeders thereto, not wanted for the most commodious navigation thereof, on such terms and for such purposes as they shall deem expedient.
§ 18. For the purpose of assuring to the said company all the lands, real estate and waters requisite for the constructing and maintaining said canal and the works connected there with, whenever the said lands and waters shall not be obtained by voluntary donation or fair purchase, it shall be lawful for said corporation, by their agents, superintendents or engineers, to enter upon, take possession of and use all such lands, real estates and streams as shall be necessary for the purposes aforesaid; and in case of disagreement between the directors of the company and any person or persons owning any land or property which the said corporation may so occupy, or which may be injured by the necessary operations to complete such navigation, respecting the amount of damages sustained by such person or persons, it shall be lawful for the parties to appoint five suitable and judicious persons residing in the county in which the lands taken shall be, who shall be sworn fairly and impartially to estimate the same; and if the parties cannot agree upon such persons, or if any person shall refuse or neglect to join in such appointment within twenty days after requisition for such purpose upon him made, or if the owner of such land shall be a married woman, under age, insane or out of the state, or if the person, or a majority of the persons appointed by the parties shall not, within thirty days after receiving notice of their appointment, file a report of their estimate in the office of the clerk of the county where the lands lie, then, and in either of these cases, either of the parties may apply to the court of common pleas of the county where the lands lie; which court shall award a venire, directed to the sheriff, requiring him to summon a jury of twelve disinterested men, in order to ascertain and report to the said court, under their oaths, what damages, if any, have been sustained by the owner or owners of the lands or property so taken, used or occupied; which report being confirmed by the court, judgment shall we entered thereon, and execution may issue, in case of non-payment, for the sum awarded, with costs, to be asessed by the court; and it shall be the duty of the jury or five appraisers, or a majority of them, as the case may be, in valuing any lands or property, or in estimating the damages done thereto, to take into consideration the advantages derived to the owner or owners of the premises from the said navigation passing through the same, and to describe and ascertain the bounds of the lands or premises by them valued, and annex the same to their report or appraisement; and it shall be lawful for any person, feeling himself aggrieved by the report of the said appraisers, to appeal to the next court of common pleas to be holden in and for the county in which said premises are situate, within thirty days from the time of filing such report; and the said court shall proceed to hear and determine such appeal, and shall vacate said appraisement, modify or confirm the same, as shall be just; and the decision of the said court thereon shall be final and conclusive.
§ 19. On payment or tender by the company to the owner or owners of the premises, or to the person or persons authorised to receive the same, of the sum awarded as aforesaid, the said company shall be seized in fee of the premises by them occupied and used as aforesaid, as if the same had been conveyed by the owner or owners to them and their successors, by legal conveyance.
§ 20. If any person or persons shall be injured by means of any dam or dams being erected under the provisions of this act, or the lands of any person shall be inundated by swelling the water by means of any dam or any mill or other water-works, which are erected on any stream that the corporation hereby created may use for the improvements authorised by this act, and if the directors of said company cannot agree with the owner thereof as to the compensation to be paid for such injury, the same proceedings shall be had as are provided in the preceding section of this act; and the persons or jury valuing such damages shall take into consideration the advantages which may be derived by such owner from the canal navigation and work aforesaid.
§ 21. It shall be lawful for the said corporation, by the: agents, superintendents or engineers, to enter upon and take all necessary materials for the construction, altering or repairing of said canal and the works connected there with, adjoining or near said canal, on whose premises soever the same may be, they paying for the same in the manner prescribed in this act for other damages, and the same to hold, own and possess, to and for the same purposes.
§ 22. In all cases where any road or public highway is so located that said canal or works cannot be judiciously laid out and made without interfering there with, it shall be lawful for said company to cause such highway or road to be so altered, as that said canal and works may be laid out and made to the best advantage; but the said corporation shall cause such road or highway thus altered, to be put in as good repair as the old one was at the time of removing the same, at their own expense and costs, before shutting up or injuring said highway.
§. 23. No person shall construct any bridge across, or make any wharf, basin or watering-place on said canal, of shall make or apply any device whatever for the purpose or to the effect of turning away water from the said canal, or the feeders connected there with, without first obtaining permission therefor from the said corporation; every person violating this provision shall forfeit and pay to the said corporation the sum of one hundred dollars, to be sued for and recovered in any court having cognizance thereof.
§ 24. The said corporation may remove any such bridge, wharf or other obstruction, and may fill up any such basin or watering-place, at the expense of the person so making or erecting the same, and for all such expense and all damages done to said canal or the works connected therewith, the said corporation may sue for and recover the same, in any court having cognizance thereof.
§ 25. The said corporation shall build and keep in good repair suitable and convenient bridges over and across said canal, in all places where said canal shall cross any public highway, and all other necessary bridges over and across
iaid canal, for the accommodation of persons owning lands bn both sides thereof.
§ 26. The said corporation may also build and maintain toll houses at such places as they may deem proper, and shall, at all proper times, keep and have suitable collectors, tock tenders and superintendents to tend the same, and the locks constructed on the said canal, which said collectors, lock tenders and superintendents shall be subject to the like regulations, directions, superintendence and controul of the board of canal commissioners and the canal board of this state, as the collectors, lock tenders and superintendents on the Erie and Champlain canals are subject to.
§ 27. The corporation may, by their directors, from time to time, make and order the payment of such instalment or instalments, by stockholders in said corporation, as shall be necessary to complete said canal and the works connected there with.
§ 28. In case any stockholder shall neglect or refuse to pay said installment within thirty days from such assessment having been made, and notice thereof given, he shall forfeit to the said company his stock and all previous payments thereon, or the said company may sue such delinquent stockholder, and recover from him the amount due on such instalments or assessments in an action of assumpsit, in any court having cognizance thereof, with costs.
§ 29. No person shall lead, drive or ride any other horse, cattle or animal upon the towing path or the bank opposite the towing path of said canal, except for the purpose of towing boats or other floating things upon the waters of said canal, and except for the purpose of conveying articles to and from said canal for transportation or delivery; nor permit any swine, cattle or other animals belonging to him or them, to run and range in and upon the said canal or towing path, on pain of forfeiting a sum not exceeding five dollars of each offence to said corporation, to be by them recovered before any court of competent jurisdiction, with costs of out; but before any penalty shall be inflicted or recovered by virtue of this section, the said corporation shall make a good and lawful fence on each side of the canal, and shall keep the same in good repair.
§ 30. If any person shall obstruct the navigation of said canal, by sinking or placing therein any vessel, timber, stone, earth or other things not destined or proper to be transported on said canal; or by placing or laying any obstruction on or across said canal, or the towing path there of, or the bank opposite the towing path, such persons offending shall forfeit and pay to the said corporation to sum of one hundred dollars, to be recovered as aforesaid, with costs of suit.
§ 31. If any person not authorised to, shall open or shut, or cause to be opened or shut, any lock-gate or any paddle or culvert gate of said canal, or any waste gate thereof, or : shall wantonly drive any nails, spike, pins or wedges of other thing, into either of said gates, or shall break, throw down or destroy any lock, embankment, waste-weir, dam, aqueduct or bridge, or any fence on or belonging to said canal, or do any damage thereto, or to any of the works belonging to said canal, such person shall for every such of fence forfeit and pay to the said corporation the sum of one hundred dollars, and in addition thereto double damages, to be recovered as aforesaid, with costs of suit.
§ 32. All expenses that have been or shall be incurred, in procuring the inspection, examination and surveying the location of said canal, or the works connected therewith, and also all expenses that have been or shall be incurred, preparatory to the incorporation and organization of said company, shall be audited and allowed by the commissioners, and the amount thereof shall be carried to the credit of those respectively, who may have paid the same, as so much stock by them subscribed and paid in, which amount shall be entered in the books of said company, and be considered as a part of the capital stock.
§ 33. It shall be the duty of the said directors, and they are hereby required, upon the requisition of the canal commissioners, to erect and build, at or near the junction of the Erie and Champlain canals, and at the proper costs and charges of the said company, a good and sufficient weighlock, (for ascertaining the weight of any boats, goods, wares and merchandise, or articles of any description, to be transported upon the Erie and Champlain canals, or upon the canal to be constructed by this act,) of such form and dimensions as shall be directed by the acting canal commissioner for the time being on the eastern section of Erie canal; which weigh-lock, when erected, shall be and become the absolute property of the people of this state, and under the controul, management and direction of the canal commissioners, in like manner as the weigh-locks upon the Erie and Champlain canals.
§ 34. It shall also be the duty of the said company and they are hereby required to erect, build and forever maintain, at or near the intersection of the canal authorised to we constructed by this act, with the Erie canal, and between he said Erie canal and Mohawk river, a good and sufficient guard-lock, for the protection and security of the Erie canal, subject to the control, direction and management of the canal commissioners; and to make all such necessary repairs to the said guard-lock, and to the dams and aqueducts of the canal hereby authorised to be constructed, as hall be required by the canal commissioners from time to time, for the purpose of protecting the Erie canal from injury; or if the said company shall neglect or refuse to make any such repairs, it shall and may be lawful for the canal commissioners to order and direct such repairs to be made, and to sue for and recover the same from the said company, by action of debt, in any court having cognizance thereof.
§ 35. The canal commissioners and other agents of this state shall have jurisdiction and controul of all boats, goods, to wares and merchandize, or articles of any description, navigating the canal hereby authorised to be constructed, in respect of tolls, penalties or liabilities incurred upon the Erie or Champlain canals, in the same manner as if the same were a part and parcel of the Erie and Champlain canals.
§ 36. The canal hereby contemplated to be made shall become the property of this state, on payment to said company, by the comptroller, the amount of the expenses thereof with interest thereon, at any time within five years after the passing of this act.
Laws of the State of New-York, Passed at the Fifty-First Session of the Legislature. Albany, NY: E. Croswell, 1828. 417-425.
NOTICE.—Notice is hereby given, that an election of Directors, of the Junction Canal Company will be held by the stockholders of said Company, at the Northern Hotel in the city of Troy, on Tuesday the 22d day of November last at ten o’clock in the forenoon of that day. Dated 1st November, 1831.
Stephen Ross, Abijah Perrinton, Gerrit Peebles, Elias Parmelee, Lewis Burtis, Jacob Lansing.
Daily Albany Argus. November 24, 1831: 4 col 3.
SEALED proposals will be received until the 16th instant, at 1 o’clock P.M., for excavating the Erie Canal to the Mohawk river, and a point in the White Sprout above its Dam, to be build in said sprout to the entrance of the Canal into the Pond of the State Dam across the Hudson,—also, for excavating two Lock Pits,—also, for constructing two wooden Locks, in such manner as to serve the purpose of Lift Locks and Guard Locks,—also, for constructing one Dam from Green Island to the state land, about 370 feet long, about five feet above the level of the water,—also, a Dam from Van Schaick’s Island to Green Island, about 424 feet long, about six and a half feet above the present level of the water—the Dams to the warranted for three years. All the above works to be executed according to plans to be furnished by the Engineer. The proposals for excavation must state the price per yard for earth and the price per yard for rock excavation. The Locks and excavation to be completed by the 1st of September, the Dams by the 1st of October.
The Executive Committee will meet at J. C. Lansing’s office in Lansingburgh on the 16th inst., at 1 P.M. to open and decide on the proposals offered. June 12th, 1832.
J. M. CASWELL, Superintendent.
Lansingburgh Gazette. June 12, 1832: 2 col 6.
NOTICE is hereby given to the Stockholders of the Junction Canal Company, that a further installment of Twenty Dollars, on each share of the stock of said company, is required to be paid by the stockholders respectively, on or before the 9th day of August next, to the Treasurer of said Company, at his office in the village of Lansingburgh. By order of the President and Directors of said Company. Dated Lansingburgh, July 7th, 1832.
E. W. Walbridge, Treasurer.
Lansingburgh Gazette. July 17, 1832: 3 col 3.
AN ACT to amend an act, entitled “An act to incorporate the Junction Canal Company,” passed 21st April, 1828.
Passed April 12, 1833.
The People of the State, of New-York, represented in Senate and Assembly, do enact as follows:
§ 1. The time for completing the junction canal, is hereby extended two years, but nothing contained in the act hereby amended, shall authorize said Junction Canal Company, to make or construct any improvements, inconsistent with the rights and privileges granted to the Union Bridge Company by an act, entitled “An act to incorporate the Union Bridge Company,” passed February 22d, 1803.
§ 2. But it shall not be lawful for the said Junction Canal Company, to erect any bridge or towing path across the Hudson river, within two miles of the bridge across said river, belonging to the president and directors of the Union Bridge Company.
§ 3. Nor shall it be lawful for the said company to build any dam or dyke, in or across any stream or branch of the Mohawk, in which water runs northerly to King’s water power, (so called,) in the county of Saratoga.
§ 4. The legislature may at any time hereafter modify or repeal this act.
§ 5. This act shall take effect immediately after its passage.
Laws of the State of New-York Passed at the Fifty-Sixth Session of the Legislature. Albany, NY: E. Croswell, 1833. 169.
NOTICE is hereby given, that a meeting of the stockholders of the Junction Canal Company, will be held at the office of Jacob C. Lansing, esq., in the village of Lansingburgh, on the 24th day of December next, for the purpose of choosing seven directors, and three inspectors of election, for the ensuing year; to commence at 2 o’clock, P. M. and close at 4 P. M. Lansingburgh, Nov. 27, 1833. By order of the President and Directors.
no30-1aw3w HORACE JANES, Sec’y.
Daily Albany Argus. December 24, 1833: 4 col 3.
NOTICE is hereby given, that an election for seven directors of the Junction Canal Company for the ensuing year, and for three inspectors of the next succeeding election, will be held at the house of Henry S. Tracy, inn-keeper in the village of Lansingburgh, on Thursday, the 20th day of December next, to open at 11 o’clock A. M., and to close at 12 M. Lansingburgh, November 17, 1839. By order of the Directors.
ELIAS PARMELEE, Clerk.
Albany Argus. December 25, 1838: 1 col 1.
No. 90.
IN SENATE,
April 13, 1839.
Of the Canal Commissioners, in relation to the Junction Canal.
The Canal Commissioners, in obedience to a joint resolution oi the Senate and Assseinbly, respectfully submit the following
The resolution requires the Commissioners to u cause an examination of the side-cut, called the Junction canal, between Lansingburgh and Troy, to be made, in reference to a purchase of the same by the State, and its enlargement to a size corresponding to the enlarged Erie canal, and report thereon to the Legislature, as soon as practicable, embracing in their report an estimate of the present value of said canal, its cost, and the price demanded for the same by the company; also the advantages and disadvantages likely to result to the State and the section of country in the vicinity of said canal, from such purchase and enlargement, together with nil other information which to them shall be deemed necessary to enable the Legislature to judge of the policy of such purchase and enlargement.”
For the purpose of obtaining the information called for by the preceding resolution, an engineer was appointed to make the necessary surveys and examinations.
The report of the engineer is herewith submitted, and contains a brief, but specific reply to all the points contained in the resolution, excepting in regard to the sum now demanded by the company for the said canal.
The price demanded by the company appears, from a communication signed by the President, which accompanies this report.
The Junction canal connects the navigation of the Erie canal with the Hudson river above the Troy dam, and boats are enabled to pass to Waterford and Lansingburgh, and by means of the sloop lock, to the city of Troy. If this canal had not been made, boats, to reach Lansingburgh from the Erie canal, would enter the Hudson through the side cut at West Troy, and pass up the river through the sloop-lock, and from the Champlain canal through the side-cut at Waterford. If the Junction canal should not be enlarged, the large boats from the Erie canal, to reach Lansingburgh and Waterford, would enter the river at West-Troy, and pass up to these villages through the sloop lock.
These villages would, no doubt, be benefitted by a convenient connection with the Erie canal, and the Junction canal would furnish a better accommodation than they would enjoy without it. Lansingburgh, particulary, should be regarded as having a deep interest in the enlargement of the Junction canal. Beyond this, it is not seen that any advantages from it, would “result to the State.”
WM. C. BOUCK,
JONAS EARLL, JR.,
WILLIAM BAKER,
SAMUEL B. RUGGLES.
April 12, 1839.
Of W. G. McAlpine, relative to the enlargement of the Junction canal.
To Hon. Wm. C. Bouck, Canal Commissioner.
SIR—
In obedience to your directions I have made examinations and estimates, in answer to the following resolutions, viz;
1st. That an estimate be made of the expense of enlarging the Junction canal and its appendages, to a size corresponding with the enlargement of the Erie canal, and on plans similar, for the mechanical structures.
2d. That an estimate be made of the probable original cost of constructing said side cut.
3d. An estimate of the present value of said canal and works, in reference to its use for the purpose of enlargement.
4th. An estimate of the cost of enlarging the Erie canal from the intersection of said Junction canal to the new Junction.
5th. Report the necessity and expense of raising the dams, and the effect of the dam on the adjoining country.
Also in answer to the following verbal directions from Mr. Bouck, viz:—
1st. The expense of deepening the Erie canal from the new Junction to the Junction canal, and raising the banks by continuing up the inside slopes, and making 7 feet depth of water.
2d. What is the depreciation from the original cost of said works, caused by natural decay of the structures and recent damages, &c?
3d. Whether the Waterford side cut locks are wide enough to permit Erie canal boats to pass, and the width of each?
The Junction Canal Company have connected the Erie canal with the Mohawk river, by a short canal 6i chains long, 35 feet surface and 4 feet depth of water, and a wooden lock 41 feet lift. A channel with about 31 feet depth of water is maintained by a dam across the south branch of the Mohawk river, 5 feet high and 400 feet long; and by a dam across the east branch 10 feet high and about the same length; a towing-path along the south shore of Van Schaick’s island, and a canal 14 chains long, 30 feet surface water, and about 3 feet deep, with a wooden lock of 7 feet lift, and a short cut, completing a communication with the pond formed by the State dam across the Hudson river at Troy.
The short canal on the West shore of, the Mohawk is in good order for navigation; the banks are lined with stone.
The towing-path on Van Schaack’s island answers all present purposes. The channel of the river opposite the same has filled up about two feet, and would require that much excavation to give a four feet channel.
The short canal to the head of the east lock has also filled in from 1 to 2 feet in many places; it should be lined with stone.
Both of the locks are in good condition, and will probably last 6 or 8 years longer.
The timber of the dam across the south branch of the Mohawk is generally sound. The freshet in January last disturbed about 15 feet of the east end, and tore off a few of the covering plank; a trifling expense would put it in good condition. The bulk head at the west end would need some slight repairs.
The dam across the cast branch was so seriously injured by the freshet in January as to be almost useless; an entire new dam would be necessary to maintain the navigation; some of the materials in the old dam might be used in the construction of the new one.
The bulk head at the north end would require some repair. To obtain a channel across the Mohawk river, and along the foot of Van Schaick’s island, corresponding in depth with the enlarged Erie canal, (7 feet,) it will be necessary to raise the dams 3 feet above their present level; this will set the water back in the Mohawk 70 chains from the west dam, and will flow about 2 feet of a water privilege owned by Hon. Stephen Van Rensselaer, on the west shore of the Mohawk at the village of Cohoes. The banks of the river on both shores of the Mohawk are so hi^h that but little land will be flooded by raising the dams.
From the above remarks, and the estimates and statements annexed, the following answers to the resolutions and directions will be obtained.
1st. The enpense of enlarging the Junction canal, to correspond in dimensions and character withe Erie canal enlargement, will be $90,410.
2d. The original cost, by the statement of the treasurer of the company, was $16,967.16, to which should be added the expense of rebuilding the west dam, and repairs of the several works up to the present time, $4,450, making in all $21,417. 16.
3d. The estimated value for the purpose of enlargement, is $3,100.
4th. The cost of enlarging the Erie canal from the intersection of the Junction canal to the new Junction, is $42,500; from which should be deducted the expense necessarily increased in raising the banks (6,800,) leaving $35,700.
5th. Has been answered in the above remarks.
The following are the answers to the verbal directions:
1st. The expense of deepening the Erie canal from the new Junction to the Junction canal, after deducting the expense of raising the banks, is $12,300.
2d. The depreciation from the original cost of the works, is $11,019.33.
3d. The Waterford side cut locks are 14 feet wide, and the present locks on the Erie canal are 15 feet wide.
WM. J. McALPINE, Civil Engineer.
Cohoes, April 2d, 1839.
ESTIMATE
Of the cost of enlarging the Junction canal to 7 feet depth of water
and 70 feet surface from the Northern canal to the Mohawk river.
1,200 cubic yards of excavation in the bottom, at 25 cts.. $300 00
5,400 do do on sides at 15 cts.. 810 00
500 do do slope wall, at $1.50,.. 750 00
$1,860 00
6,000 cubic yards of excavation, at 15 cts…$900 00
7,000 do do quicksand, at 50 cts.. 3,500 00
1,500 do do slope wall, at $1.50,… 2,250 00
$6,650 00
12,000 feet hemlock timber, at 20 cts $2,400 00
45,000 do b. m. hemlock plank, at $20, 900 00
30,000 do do hard wood plank, at $35, 1,050 00
800 cubic yards stone, at 50 cents, 400 00
1,000 do gravel, at 30 cents, 300 00
5,000 pounds wrought iron, at 18 cents, 900 00
Abutment, and repairing bulkhead, 1,500 00
$7,450 00
30,000 cubic feet hemlock timber, at 20 cents, $6,000 00
80,000 do do plank, at $20, 1,600 00
60,000 do hard wood, at $35, 2,100 00
2,000 cubic yards stone, at 50 cents, 1,000 00
1,500 do gravel, at 30 cents, 450 00
5,000 pounds wrought iron, at 18 cents, 900 00
Abutment, and repairing bulkhead, 2,000 00
$14,050 00
2,000 cubic yards excavation, at 35 cents, $700 00
3,000 do embankment and lining, at 30 cents,.. 900 00
1,000 do masonry, at $16.50, 16,500 00
1,000 cubic feet white oak timber, at 60 cents, 600 00
1,000 do white pine do at 35 cents, 350 00
4,000 do hemlock do at 20 cents, 800 00
6,000 do white pine plank, at $35, 210 00
14,000 do hemlock do at $20, 280 00
2,000 pounds wrought iron, at 18 cents, 360 00
250 do cast iron, at 10 cents, 25 00
Bailing and draining, 1,000 00
$21,725 00
2,000 cubic yards excavation, at 20 cents, $400 00
1,500 do do quicksand, at 50 cents,… 750 00
500 do do rock, at$2.50, 1,250 00
3,000 do embankment and lining, at 25 cents,.. 750 00
1,700 do masonry, at $17, 28,900 00
1,0C’0 cubic feet white oak timber, at 60 cents, 600 00
1,000 do white pine do at 35 cents, 350 00
4,000 do hemlock do at 20 cents, 800 00
6,000 feet b. m. white pine plank, at $35, 210 00
14,000 do hemlock plank, at $20, 280 00
2,000 pounds wrought iron, at 18 cents, 360 00
250 do cast iron, at 10 cents, 25 00
Bailing and coffer dams, 4,000 00
$38,675 00
Junction canal, $1,860 00
Island, 6,650 00
West dam, 7,450 00
East dam, 14,050 00
West lock, 21,725 00
East lock, 28,675 00
$90,410 00
Estimate of the expense of enlarging the Erie canal from the intersection of Erie canal to new Junction.
10,000 cubic yards embankment and lining, at 20 cents,.. $2,000 00
12,000 do excavation of earth in bottom, at 30 c. 3,600 00
6,000 do do rock, at $1, 6,000 00
34,000 do do earth on sides, at 20 cents, 6,800 00
16,000 do do rock, at 50 cents, 8,000 00
2,000 do do slope wall, at $1.50, …. 3,000 00
3 bridges, at $2,200, ‘. 6,600 00
1 culvert, 8 feet chord, 6,500 00
$42,500 00
Estimated value for purposes of enlargement. 8,000 cubic yards excavation, at 20 cents, $1,600 00
Materials, deducting expenses of taking up the same:
In old locks, estimated at 500 00
In dams and bulkheads, 1,000 00
$3,100 00
Estimated expense of deepening the Erie canal from the new Junction to the Junction canal, 18 inches, and raising the banks so as to retain 7 feet of water. 5,000 cubic yards rock excavation in bottom, at $1, …. $5,000 00 13,000 do earth do do at 30 cents, 3,900 00
12,000 do embankment, at 10 cents, 1,200 00
8,000 do lining and puddling, at 25 cents, 2,000 00
1,000 do slope wall, at $1.50, 1,500 00
1 culvert, 8 feet chord, 5,500 00
$19,100 00
Estimated expense of raising the banks of the Erie canal between the same points, rendered necessary in consequence of raising the same level for the enlarged Erie canal.
22,000 cubic yards embankment, at 15 cents, $2,300 00
8,000 do lining and puddling, at 25 cents, 2,000 00
1,000 do slope wall, at $1.50, 1,500 00
$6,800 00
The whole original cost for the two dams, was $7,186 00
Value of materials in the east dam, 300 00
$6,886 00 One-third of the original cost of the two locks, ($6,400,) 2,133 33
Repairs done to works up to the present date, 1,500 00
Necessary repairs to the east dam and bulkhead, 500 00
$11,019 33
4 8/10 acres land on south end of Van Schaick’s island, with
the water privileges thereunto annexed, $500 00
1832. Beckwith’s bill for building east and south dams, &c. 7,186 00
Jas. Hopkins’ bill for building 2 locks, 6,400 00
John Quinn and others, excavating canal and lock
pits, 1,401 30
J. M. Caswell, for superintending, &c 898 77
J. Quinn, filling bulkhead of east lock, 131 13
Wm. McFarlan, filling bulkhead of west lock and
paving canal, 449 96
1833. Oliver Lawrence, for rebuilding dam on west branch
of the Mohawk, and bulkhead, 2,950 00
Various repairs on dams, locks, &c. from 1833 to
1837, inclusive, 1,500 00
$21,417 16
The foregoing is a correct account of the cost of the Junction canal, as appears from the books of the company in my hands.
ELIAS PARMALEE,
(Copy.) Clerk and Treasurer J. C. Company.
Lansingburgh, March 18th, 1839.
The Junction Canal Company are willing to take for their canal the sum of $10,397, be ng the amount it is now estimated to be worth, as stated in the engineer’s report to the Canal Commissioners, provided they are allowed to retain their right to the use of the surplus waters on said canal, as granted by their charter, [Sess. Laws, 1828, p. 420, §17.]
If this right is not retained by them, their price is $14,000, the privilege of using the surplus waters being considered by them to be worth $4,000.
JOHN M. CASWELL, President of the Junction Canal Co.
Albany, April 12th, 1839.
AN ACT authorizing, the purchase by the state of the sidecut called the Junction canal.
[Passed May 13, 1840.]
The People of the State of New-York, represented in Senate and Assembly, do enact as follows:
§ 1. The canal board are authorized, if they shall deem it proper, to purchase from the Junction Canal Company, at a sum not exceeding ten thousand dollars, all the right, title and interest of said company in the side-cut from the canal to the Hudson river, between Troy and Lansingburgh, called the Junction canal.
§ 2. It shall be lawful for the president and directors of the conveyance Junction Canal Company, to convey to the people of this state, by a good and sufficient conveyance, to be executed under the corporate seal of said company, and signed by the president and directors, or a majority of them, the side-cut, called the Junction canal, owned by said company, and contemplated in and by the act incorporating said company, passed the twenty-first day of April, one thousand eight hundred and twenty-eight, together with the locks, dams, toll-houses, bridges, towing-paths and fixtures thereunto belonging, and all such lands and waters as shall be necessary for the purpose of navigating the same, or any enlargement or alteration of the same, or any other canal that shall or may be made, constructed and used in place or in stead thereof; and upon such conveyance being made, the said canal, lands and premises so conveyed, shall vest in and become the property of the people of this State.
§ 3. It shall be the duty of the canal board to cause a survey and map to be made of the said canal, lands and premises so conveyed, and to annex the same to the said deed or conveyance thereof, before such deed or conveyance shall be executed.
§ 4. After the said deed shall have been executed, as contemplated in the foregoing sections of this act, it shall be filed in the office of the Comptroller of this state, who shall thereupon pay to the said president and directors the sum agreed upon by the canal board as the consideration for the aforesaid premises so conveyed to the people of this state ; which sum shall be applied by the president and directors to the payment of the debts contracted for the benefit of the said company, and the residue or surplus, if any, shall be paid to the respective stockholders, in proportion to the shares they may severally own of the capital stock of said company.
Laws of the State of New-York Passed at the Sixty-Third Session of the Legislature. Albany, NY: Thurlow Weed, 1840. 225.