Martinsburgh Gazette

CHESAPEAKE & OHIO CANAL.

SATURDAY, NOVEMBER 8.

The committee did not enter with their report until half past 12 o'clock, when Dr. Kent took the chair, and the Convention proceeded to business.

On calling over the names, there appeared the following additional Delegates.

Prince George's County, Md—William Wootton and Robert Bowie.

Charles County—John G. Chapman.

Frederick County—Grafton Duvall.

Georgetown—Clement Smith.

Virgil Maxcy, Major Roberdeau, John Shriver, and Mr. M'Duffie, were admitted to the floor as honorary members of the Convention.

Mr. Mercer presented a letter and resolutions from the County of Monongahala, appointing Delegates, which were read.

Mr. Mercer made a report from the Committee, suggesting a variety of amendments, in the original resolutions.

Mr. Kennedy, of Washington county, moved the printing of the resolutions and amendments, but the motion was lost.

An amendment, offered to change the name of the Canal from "Union," to "Chesapeake and Ohio," led to some discussion, in which Mr. Lee called on any gentleman from Kentucky or Ohio, to give the sentiments of these states respecting the Canal. In consequence of this call, Messrs. Trimble, of Kentucky, and M'Lane, of Ohio, expressed their views on the subject—detailing, at length, the many advantages which their respective states would derive from the proposed Canal.

We cannot help here repeating, (says the National Intelligencer) the universal remark, that a more respectable voluntary assemblage of substantial citizens, in pursuit of a grave purpose of public utility, was perhaps scarcely ever convened, in any country. The same remark will apply to the talents as well as to the personal character of those who composed the Convention. Enough of learning and eloquence was displayed in the Debates, to indicate how much might have been commanded, had more been necessary. No unholy passion, no petty electioneering considerations, were suffered to intrude. The proceedings were conducted with dignity, with a single eye to the public good, and have terminated in the adoption of measures worthy of the subject and of their authors.

At a Convention of Delegates, from the States of Virginia, Maryland, Pennsylvania, Ohio, and the District of Columbia, holden at the Capitol, in the City of Washington, on the 6th, 7th, and 8th of November, 1823, the following preamble and resolutions were considered and adopted:

Whereas a connection of the Atlantic and Western waters, by a canal leading from the Seat of the General Government to the River Ohio, regarded as a local object, is one of the highest importance to the States immediately interested therein, and, considered in a national view is of inestimable consequence to the future union, security, and happiness, of the United States:

Resolved, unanimously, That it is expedient to substitute, for the present defective navigation of the Potomac River above tide water, a navigable canal by Cumberland to the mouth of Savage Creek, at the eastern base of the Allegany, and to extend such canal as soon thereafter as practicable to the highest constant steam boat navigation of the Monongahela or Ohio River.

That the most eligible mode of attaining this object will be by the incorporation of a joint stock company, empowered to cut the said canal through the territories of the United States, in the District of Columbia, and of the States of Virginia, Maryland, and Pennsylvania, and, therefore, that committees be appointed, each consisting of five delegates, to prepare and present in behalf of this assembly, and in co-operation with the central committee, hereinafter provided, suitable memorials to the Congress of the United States, and to the Legislatures of the several States before named, requesting their concurrence in the incorporation of such a company, and their co-operation, if necessary, in the subscription of funds for the completion of the said canal.

And whereas, by an act of the General Assembly of Virginia, which passed the 22d February, 1823, entitled, "An act incorporating the Potomac Canal Company," the assent of that State so far as the limits of her territory renders it necessary, is already given to this object—and for such enlargement to the extent required by the preceding resolution, the said act appears to furnish, with proper amendments, a sufficient basis: Be it therefore resolved, That it will be expedient to accept the same as a charter for the proposed company, with the following modifications, viz: That, in reference to its enlarged purpose, the name be changed to "The Chesapeake and Ohio Canal."

That provision be made for the assent of the Government of the United States, and of the State of Pennsylvania to the said act, and that the act be made to correspond in its details with such provision.

That the Chesapeake and Ohio Canal shall be divided into two sections, Eastern and Western, the former of which shall correspond in description with that of the Chesapeake and Ohio Canal by the preceding resolution; and the latter shall begin at the western extremity of the former, and terminate at the head of the steam boat navigation of the Monongahala or Ohio River.

That, while the act shall allow a reasonable time for the commencement and the completion of both sections of the canal, no other forfeiture shall be incurred, after the eastern section is finished, for a failure to begin or complete the western section, within the term prescribed, except of the right to complete such section, and of all interest therein.

That, while the consent of Pennsylvania is provided for, in the amended act, it shall not be indispensably requisite to the validity of the charter, so far as respects the authority granted by it, to extend the Chesapeake and Ohio Canal to the Pennsylvania line.

That it will be both just and expedient, if not absolutely necessary, to limit the interest of the stockholders of the Potomac Company, in the stock of the Chesapeake and Ohio Canal, in the mode provided by the unanimous resolution of the Company of the 7th day of February last, a copy of which is hereto annexed.

That the said Canal shall not, in width, be less at the surface than 40 feet, at its bottom, than 28, nor its depth be short of 4 feet, except where from the nature of the ground, it may be necessary, for the greater security of the Canal, to reduce its breadth at its base to less than 28 feet.

That the act aforesaid be amended, by inserting, in lieu of the 18th section thereof, the following:

And be it further enacted. The right to the waters of the river Potomac, for the purpose of any lateral Canal or Canals, which the state of Virginia or Maryland may authorize to be made, in connection with the said Canal, is reserved to the said states respectively—that a similar right is reserved to the state of Pennsylvania in relation to the rivers and streams within the territory of that state, the waters of which may be used in supplying the western section of the said Canal—that the government of the United States shall retain the power to extend the said Canal in or through the District of Columbia, on either or both sides of the river Potomac; and the state of Maryland or Virginia shall be empowered, under the sanction given by the United States to this act, to authorize any such extension for the purpose of meeting any Canal so extended, by any other Canal which either state may deem it expedient to conduct in any direction whatever through its territory.

Provided, however, That no part of the waters of the river Potomac, or of any other river or stream, required to ensure the constant, safe, and convenient use of the navigation of the Canal, hereby authorized to be made, shall be, by any such lateral or continued Canal, diverted therefrom to the impediment or injury of the said navigation.

That, in addition to the provision contained in the first section of the act aforesaid, there be grounded on the event of its failure to furnish adequate funds for the completion of the Eastern Section of the Canal, to be obtained thro' separate acts of the respective governments and corporations, States of Maryland and Virginia, the government of the United States, and the three cities of the District of Columbia, a subscription to the amount, if necessary, of 2,750,000 dollars, in the following proportions, 2-11th by the state of Maryland, 3-11th by the state of Virginia, 4-11th by the U. States, and 2-11th by the District cities, to be divided between them, according to an equitable ratio, to be fixed by themselves. In case a part of the sum aforesaid shall be subscribed, by private individuals, in the mode provided by the act aforesaid, the several States and Corporations, within which such individual subscriptions are received, shall be requested to assume as part of their aforesaid quotas, the amount of such subscription, under such security as they may deem expedient for the payment thereof, by the subscribers, to them respectively.

That the government of the United States be earnestly solicited to obtain the whole of this sum on loan, receivable in four annual instalments, upon the issue of certificates of stock bearing an annual interest not exceeding five per cent.; and irredeemable for thirty years, and to guarantee the repayment thereof on a specific pledge of the public lots in the City of Washington, of the United States Stock in the Canal, and the public faith.

That the first instalment of the loan be made payable on the 1st of March, 1825, and the last on the 1st of March, 1829.

That the interest of each state and corporation, upon its proportion of the said loan, be paid into the Treasury of the United States, according to the terms of the loan, and the principal sum at the expiration of thirty years, the period to be fixed for its redemption.

That, in the event of a refusal by the government of the United States to negotiate the said loan, each state and corporation shall provide the amount of its respective subscriptions, in such manner as may seem to it best.

That the maximum profit of the said Company shall not exceed 15 per cent. after the entire canal shall have been completed; but if at any time after the completion of the Eastern Section thereof, and before sufficient funds shall have been otherwise provided for the completion of the Western, the tolls of the Canal shall yield a nett income to the stockholders exceeding 10 per cent. per annum, such excess shall be applied towards the extension of the canal, until the Western Section shall have been completed; and to give more speedy effect to this provision, the President and Directors of the Chesapeake and Ohio Canal Company shall be authorized to borrow, or may negotiate, thro' a suitable agency, in behalf of the Company, on the credit of such excess, or on the tolls or a fixed part thereof, levied upon certain commodities passing thro' the said Canal, being the probable amount of such annual excess, such sums of money as may be deemed expedient, by a general meeting of the stockholders, to be applied to the extension of the Western Section of the Canal, from time to time, till the said section shall have been completed. And if, after the completion of the entire Canal, the nett dividends shall exceed 15 per cent. per annum, such excess shall be applied first, to strengthening the works of the canal, next, to the multiplication of ascending locks from the river Potomac to the level of the canal, wherever the convenience of the adjacent country may require it; next, to lining the canal throughout with such walls of stone as shall accommodate its banks to the use of steam boats; and should the nett dividends still exceed 15 per cent. then the excess shall be applied to the reduction, according to an equitable scale of the tolls levied upon the said canal.

And be it further Resolved, That a Committee of five Delegates be appointed to prepare, and cause to be presented, in behalf of this Convention, a suitable memorial to the State of Ohio, soliciting the co-operation of that State in the completion of the Ohio and Chesapeake Canal, and its ultimate connexion with the navigation of Lake Erie; and that, for the latter purpose, the memorial shall respectfully suggest the expediency of causing the country, between the northernmost head of the river Ohio, and the southern shore of Lake Erie, together with the waters of Great Beaver and Cayuga Creeks, and all other intervening waters near the said route, to be carefully surveyed, with the view of ascertaining the practicability and probable cost of a Canal, which, fed by the latter, shall connect the former.

That a letter be addressed by the Chairman of the Convention to the Mayors of Alexandria, Georgetown, and Washington, apprizing, thro' them, their respective Corporations, of the proceedings of this Convention, and inviting their zealous co-operation in giving to them effect.

That another letter be addressed by the Chairman, in behalf of this Assembly, to the President and Directors of the Potomac Company, requesting their concurrence in the measures recommended by the preceding resolutions.

Resolved, That the Committee before named be, and they are hereby authorized and requested to use their best exertions to obtain the most favourable reception for their memorials, to ascertain and communicate to the Central Corresponding Committee, hereinafter named, such objections, if any, as are opposed to the prayers of their respective memorials, and to devise, if possible, in conjunction with the common friends of the Union and prosperity of the United States, the means of obviating all the impediments to their success.

Resolved, That, for the last mentioned purpose, the Delegates of the respective Counties and Corporations, represented in this Convention, be regarded as Corresponding Committees, and that 13 delegates be appointed a Central Committee of Correspondence, to confer with the Committees before named, to hold stated meetings in the City of Washington, for the purpose of consulting upon, and adopting in behalf of, the Chesapeake and Ohio Canal, such measures as may seem best calculated to assure its certain and speedy accomplishment.

JOSEPH KENT, Chairman.

WALTER JONES, Secretary.

Committees appointed in pursuance of the foregoing resolutions. This list is published with authority.

The Central Committee—Charles F. Mercer, John Mason, Walter Jones, Thomas Swan, John McLean, Wm. H. Fitzhugh, Hi. L. Opie, Alfred H. Powell, P. C. Pendleton, A. Fenwick, John Lee, Frisby Tilghman, Robert W. Bowie.

Committee for Virginia—Philip C. Pendleton, H. L. Opie, J. C. Hunter, W. Elizey, Nathaniel Burwell.

For Pennsylvania—James Shriver, James Shannon, John McMahan, Dan'l Kincheloe, George Hagan.

Committee for Maryland—Grafton Duvall, George Mason, of Chas. Co. T. Kennedy, J. C. Herbert, Jas. Forrest.

Committee for Ohio—John McLean, Walter Smith, Benj. S. Forrest, Thomas Carbery, H. Peake.

To Memorialize Congress—Walter Jones, John Mason, G. W. P. Custis, Robert I. Taylor, S. H. Smith.

Note—It is understood that the Chairman, in proceeding to name the members of the several committees, after the adjournment of the Convention, found himself necessarily restricted to the number of the Delegates who attended and constituted the Convention. This accounts for the manner in which the committees for Pennsylvania and Ohio are constituted, there having been but one delegate from the former, and none from the latter.