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has hitherto been given, the said act being the basis of the charter of the said company, such portion of ground between the line of the said canal and the river Potomac, within the District of Columbia, as may be necessary to enable the company, by their President and Directors, to sell or let, for manufacturing or other purposes, the surplus water of the said canal, with proper sites for the use thereof; which surplus water the said company may enlarge at their pleasure, by means of the authority now vested in them.
Sec. 4. And be it further enacted, That the said company may in like manner obtain any ground covered with water, or otherwise circumstanced, which they may need for the formation of basins or moles; and, in consideration of their giving greater strength to the latter, may afterwards let for wharves, or other useful buildings, such lots as they may retain or improve on any such routes on the margin of any such basins; and, wherever the interests of the said company may, in the opinion of the President and Directors aforesaid, be thereby promoted, they may purchase and hold, seil, or let, the whole or any lot or tract of land through which the said canal may
be conducted. Sec. 5. And be it further enacted, That, for the greater security and comfort of travelling. as well as to obviate any obstruction to the use of steam boats, or other boats having masts therein, the said company shall have liberty to institute, at the company's expense, on all publio roads crossing the said canal, ferries, in lieu of bridges, over the same: and to make such bargain with the private holders of such tracts of land as may be divided by the said canal, and not acquired by the first section of this act, for the substitution of an adequate consideration for the use of a ferry or hridge across the canal; and, in case the proprietor and the company shall not be able to agree upon a reasonable consideration for the damages which such proprietor might sustain for want of such bridge or ferry, the same proceedings may be had for the assessment and payment of such damage as are provided by the thirteenth section of the aforesaid act of the General Assembly of Virginia.
Power of Attorney from Amos Binney." Know all men by these presents, that I, Amos Binney, of Boston, in the State of Massachusetts, for divers good causes and valuable considerations me thereunto moving, have made, ordained, nominated, constituted, and appointed, and, in my place and stead, put and deputed, and by these presents do make and ordain, nominate, constitute, and appoint, and in my place and stead, put and depute, William Steuart, of Georgetown, in the District of Columbia, my true and lawful Attorney and Agent, for me, and in 'my name, to commence, institute, and prosecute, with effect, any action or suit, actions or suits in any court or courts of law, or in equity, that shall or may be necessary for the protection, enjoyment, and free use, of my lands and water-rights in and to certain property near and adjoining the locks and falls of the Little Falls of the Potomac river, and to take and prosecute such other legal steps as the laws shall authorize and allow, and as my said attorney shall think proper; to memorialize the Congress of the United States, and to submit to reference any dispute or disputes which may arise touching the premises; and, for that purpose, for me, and in my name, to make, sign, seal, deliver, and execute, any bond or bonds of arbitration, in any reasonable penalty or penalties; and, generally, for me, and in my name, to do all such other acts and matters and things, in the premises, for accomplishing the purposes aforesaid, as fully and effectually, to all inter ts and purposes, as I myself might or could do if personally present. The said Amos Binney hereby ratifying, allowing, and confirming, all and whatsoever my said attorney shall lawfully do or cause to be done in the premises, by virtue of these presents. In witness whereof, I, the said Amos Binney, have hereunto put my hand and seal, this thirteenth day of December, one thousand eight hundred and twenty-eight.
AMOS BINNEY, SEAL.]
William M. STEUART,
UNITED STATES OF AMERICA;} Washington County, to wit:
Be it known, thi, on this 30th day of December, one thousand eight hundred and twenty-eight, before me, Richard Johns, Notary Public, dwelling in Georgetown, in the County and District aforesaid, came Amos Binney, Esquire, within na ned, and acknowledged the within letter of attorney to be his act and deed.
In testimony whereof, I have hereunto set my name, and affixed my
seal notarial, the day and year last mentioned. [L. s.]
R. JOHNS, Notary.
Compromise proposed by Amos Binney to the Chesapeake and Ohio Canal Company, 20 January, 1829.
GEORGETOWN, 20 January, 1829. To the President and Directors of the Chesapeake and Ohio Canal
Company, Washington: GENTLEMEN: Under the authority vested in me, by virtue of the accompanying Power of Attorney from Col. Amos Binney, of Boston, touching his rights in and to certain lands and water privileges at and adjoining the Little Falls of Potomac river, I submit, for your consideration, the following proposals:
ist. To enter into an agreement for the disposal of the surplus water, as proposed by the President of the Potomac Company, in 1817, as per the accompanying paper, marked C; restricting the disposal of the surplus water to the line of the canal from the old locks upwards.
2d. To submit to the arbitrament of four disinterested men, two to be chosen by each party, to say upon what terms you shall let me into the free and uninterrupted use of the surplus water, as secured to me by act of the Legislature of Maryland, at their November session of 1784, incorporating the Potomac Company; or for what sum I shall relinquish my entire rights to you; and, in the event of your accepting either proposal, will join you in a memorial to Congress to vest you with the right of confirming it, if deemed necessary.
As this communication is made in an earnest desire for an amicable adjustment, I fatter myself it will be received with the same good feelings; and that you will furnish me with an reply as soon as you conveniently
I am, respectfully,
To the General Assembly of Maryland. We, the subscribers, citizens and land holders in the State of Maryland, RESPECTFULLY REPRESENT:
That the proceedings of the Chesapeake and Ohio Canal Company, in the location and construction of their canal, have been, and are, productive of great and serious injury to your memorialists, and in direct violation of their charter privileges, and the laws of the land. In support of which allegation, your memorialists beg leave to state, that the said Chesapeake and Ohio Canal Company have, by their engineers, agents, and servants, entered upon the lands of your memorialists, and, in a most wanton, vexatious, and wilful manner, have removed and destroyed fences, cut down, wasted, and converted to their own use, much valuable timber, excavated, ploughed up, and otherwise injured the meadows and other arable lands, for which your memorialists have paid large sums of money; or which, having descended to them from their ancestors, had been highly improved, and which they had hoped to have enjoyed in peace and quiet. All of which acts and doings, on the part of the said Company, being so subversive of private rights, your memorialists conceive will be adjudged to be contrary to the express provisions and directions of the 13th section of the charter of the said Company. And your memorialists further allege, that, anxious for the attainment of the great object for which the said Company was incorporated, and desirous to promote the general convenience, they have been ever ready and willing to enter into reasonable agreements with the said Company, or to abide by such valuation or assessment of damages, as a jury of disinterested men should say was right and proper, for having their lands so taken and occupied by the canal; but, that the said Company have foreborne to enter into any such agreements,.or to acquire a right to the lands of your memorialists, in the manner directed as aforesaid; but, on the contrary, have sought a subterfuge from the directions aforesaid, under the 17th section of their said charter, thereby giving a construction totally at variance with every principle of justice, contrary to the law of the land, which guaranties to every man that he shall not be dissiezed, or in any manner deprived of his property, but by the judgment of his peers, and wholly inconsistent with that guardian care with which your honorable body have ever watched over the individual rights and interests of the good people of this State.
And your memorialists further beg leave to state, that they have, with great regret and surprise, understood that the said Chesapeake and Ohio Ca
nal Company, not satisfied with the great powers and privileges which have been lavished upon them, and which your memorialists are persuaded are amply sufficient to accomplish the legitimate object of their incorporation, have again cone before your honorable body, with a memorial, for the grant ing to them of further powers and privileges, and especially, amorg other things, “to be relieved from the supposed necessity of constructing bridges where the public roads shall intersect their canal,” or where the necessities, as well as the convenience of your memorialists, will absolutely require them, their lands being divided by a broad, deep, and constant stream of water, alike dangerous, difficult, and inconvenient of passage in any other way. But, even the enormity of this request is trivial, in comparison with that which seeks the power of acquiring, by condemnation, not only the slips of land lying between the canal and the river, but of purchasing entire estates, and of holding, selling, or otherwise disposing of the same, for the benefit of the said Company; of establishing along the whole line of their canal, as well as upon the moles and piers adjacent to their basins, houses of every description; and of selling out water to any extent, and in any situation, for manufacturing purposes, thereby converting a Company prosessedly incorporated for the attainment of a great national object, into an association of land speculators, tavern keepers, and manufacturing stock jobbers. Against the granting of all of which said petition, your memorialists respectfully but tirmly remonstrate:
1st. Because Government is constituted for the common good, for the protection of the people in life, liberty, and property; and not for the private interest or emolument of any particular class of men; and no man, corporation, or association of moneyed men, ought to obtain advantages, or particular or exclusive privileges.
2dly. Because monopolies are odious; contrary to the spirit of a free government; destructive of individual enterprise, and but too often hold out inducements to fraud.
3dly. Because the right of property is an essential unalienable right; and no part of the property of any individual can, with justice, be taken from him, unless the public exigencies require the sacrifice; and then, not until he shall have received a reasonable compensation therefor, as ascertained by an impartial jury of his peers.
4thly. Because the Legislature of this State have no power but what is consistent with the Constitution, and a limited power is therein only given over property; and, if this can be enlarged under any pretext, the restriction therein contained will be entirely nugatory.
5thly. Because the Legislature of this State have no power to act upon private property, except for specific purposes It cannot take private property from one man, and give it to another, or to a corporation, or to a State. either by donation, or by exclusive privilege. It cannot create a privileged class, or by incorporating any numher of individuals, confer the power of subverting private rights, and of wresting from any man bis private property or privileges, though the pretext may be to advance the public good and convenience; and that which they are restrained from doing directly, they are the more especially bound not to do indirectly.
6thly. Because the Constitution of the State points to the ballot box, and the right of election, as the best security of liberty; and, if the Legislature should invest a corporation with such unlimited powers, without being subject to the constitutional provisions for preventing grievances and preserv
ing rights, it would create a power far beyond their own, and thus overthrow the leading principle of our Government.
7thly. Because the said Chesapeake and Ohio Canal Company are, in fact, a combination of individuals assisted by legislative donations; and, however specious their projects may be, their real object is private emolument and speculation. All the profits and revenues to be derived from the undertaking are to be divided among the stockholders.
8thly. Because the powers and privileges already granted to the said Company are amply sufficient to carry into effect the purposes for which they were incorporated, namely: to extend and multiply the means and facilities of internal commerce and personal intercourse between the two great sections of this Union; and the granting to them of the further extraordinary powers and privileges, as required by their said memorial, would, so far from interweaving more closely the interests and affections of the people of this State, be a measure at variance with every principle of liberty, • obnoxious to every freeman, and, shewing by what feeble tenures our dearest rights are retained, tend to enervate the laws in general, and to weaken the bonds of society itself
. And, finally, your memorialists would say, that, in availing themselves of that right so justly dear to freemen, of petitioning against grievances, and remonstrating against all experiments upon their liberties, they come before your honorable body, in confident reliance upon that wisdom, integrity, and guardian care, which have ever characterized their representatives; and firmly persuaded that such provisions will be made, as will effectually secure the right of your memorialists, vindicate the insuited majesty of the laws, and promote the prosperity and happiness of the good people of this State.
WM. M. STEUART, proprietor of the lands near
the Little Falls of the Potomac, John Busey, WM. SCOTT, 230 & 24th sections, SAML. M. BEALL, 19th section, Thos. L. OFPUTT, Thos. FISHER, 21st & 22d sections, Jas. W. BRACKENRIDGE, near Seneca Falls, G. W. FLETCHALL, JAMES FLETCHALL, L. A. SUMMERS, HENRY STRIDER, JOSHUA CHILTON, HORATIO N. CHILTON, proprietors of the lands at
the 58th, 59th, & 60th sections, Thos. W. WHEELER, on the part of the Repre
sentatives of Odel Wheeler, deceased, John H. BEALL, for WM. DARNE, ELIZABETH CLAGETT, Geo. B. MAGRUDER, Sth, 9th, 10th, 11th, 12th,
& 13th scctions.