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States, and to submit to reference any dispute or disputes which may arse touching the premises; and, for that purpose, for me, and in my name, un make, sign, seal, deliver, and execute, any bond or bonds of arbitrdion, in any reasonable penalty or penalties; and, generally, for me, and in oy came, to do all such other acts and matters and things, in the premises, ir accom: plishing the purposes aforesaid, as fully and effectually, to all intes and purposes, as I myself might or could do if personally present. The sad Amos Binney hereby ratifying, allowing, and confirming, all and whatsoeiet my said attorney shall lawfully do or cause to be done in the preprises, by virtue of these presents. In witness whereof, I, the said Amis Binales, have hereunto put my hand and seal, this thirteenth day of December, Ode thousand eight hundred and twenty-eight.
AMOS BINNEY, 55,
WILLIAM M. STEUART,
UNITED STATES OF AMERICA, Washington County, lo wut:
DISTRICT OF COLUMBIA, S Be it known, that, on this 30th day of December, one thousand ekşi dred and twenty-eight, before me, Richard Johns, Notary Public, in Georgetown, in the County and District aforesaid, came Amos Esquire, within nained, and acknowledged the within letter of an be his act and deed.
In testimony whereof, I have hereunto set my name, and
seal notarial, the day and year last mentioned. [L. s. ]
R. JOHNS, Notery
Compromise proposed by Amos Binney to the Chesapeake and Unit
nal Company, 2d January, 1829.
.. GEORGETOWN, 2d January, to To the President and Directors of the Chesapeake and Orie
Company, Washington: GENTLEMEN: Under the authority vested in me, by virtue of panying Power of Attorney from Col. Amos Binney, of Boston his rights in and to certain lands and water privileges at and adje Little Falls of Potomac river, I submit, for your consideration, the proposals: . , Ist. To enter into an agreement for the disposal of the surplus proposed by the President of the Potomac Company, in 1817, a accompanying paper, marked C; restricting the disposal of the su ter to the line of the canal from the old locks upwards.
2d. To submit to the arbitrament of four disinterested men, chosen by each party, to say upon what terms you shall let me and uninterrupted use of the surplus water, as secured to me by Legislature of Maryland, at their November session of 1784, 10
by virtue of the 2007 · of Boston, tweaki at and adjoining
ed men, two w I let me into the d to me by act si
e Potomac Company; or for what sum I shall relinquish my entire rights
you; and, in the event of your accepting either proposal, will join vu in a memorial to Congress to vest you with the right of confirming it, deemed necessary. . As this communication is made in an earnest desire for an amicable justment, I flatter myself it will be received with the same good feelings: d 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, SPECTFULLY REPRESENT: Chat the proceedings of the Chesapeake and Ohio Canal Company, in the ation and construction of their canal, have been, and are, productive of at and serious injury to your memorialists, and in direct violation of their rter privileges, and the laws of the land. In support of which allega1, your memorialists beg leave to state, that the said Chesapeake and Ohio al Company have, by their engineers, agents, and servants, entered n the lands of your memorialists, and, in a most wanton, vexatious, and ul manner, have removed and destroyed fences, cut down, wasted, and verted to their own use, much valuable timber, excavated, ploughed up,
otherwise injured the meadows and other arable lands, for which your norialists have paid large sums of money; or which, having descended hem from their ancestors, had been highly improved, and which they hoped to have enjoyed in peace and quiet. All of which acts and do, on the part of the said Company, being so subversive of private rights, : memorialists conceive will be adjudged to be contrary to the express risions and directions of the 13th section of the charter of the said Com7. And your memorialists further allege, that, anxious for the attaint of the great object for which the said Company was incorporated, and rous to promote the general convenience, they have been ever ready and ng to enter into reasonable agreements with the said Company, or to e by such valuation or assessment of damages, as a jury of disinterested should say was right and proper, for having their lands so taken and pied by the canal; but, that the said Company have foreborne to enter any such agreements, or to acquire a right to the lands of your memoits, in the manner directed as aforesaid; but, on the contrary, have ht a subterfuge from the directions aforesaid, under the 17th section of
said charter, thereby giving a construction totally at variance with v principle of justice, contrary to the law of the land, which guaranties to y man that he shall not be dissiezed, or in any manner deprived of his erty, but by the judgment of his peers, and wholly inconsistent with guardian care with which your honorable body have ever watched over ndividual rights and interests of the good people of this State. ad your memorialists further beg leave to state, that they have, with i regret and surprise, understood that the said Chesapeake and Ohio Ca'g the whole line i
facturing stock jobles
common good, it
nal Company, not satisfied with the great powers and privileges which has been lavished upon them, and which your memorialists are persuaded u amply sufficient to accomplish the legitimate object of their incorporat:ut have again come before your honorable body, with a memorial, for the grant ing to them of further powers and privileges, and especially, aning other things, “to be relieved from the supposed necessity of construchig orlagen where the public roads shall intersect their canal,” or where the resultes, as well as the convenience of your memorialists, will abrolutely require them, their lands being divided by a broad, deep, and content stream water, alike dangerous, difficult, and inconvenient of passage in any over way. But, even the enormity of this request is trivial, in comparison with that which seeks the power of acquiring, by condemnation, alors slips of land lying between the canal and the river, but of purchase estates, and of holding, selling, or otherwise disposing of the benefit of the said Company; of establishing along the whole canal, as well as upon the moles and piers adjacent to their basins every description; and of selling out water to any extent, and in tion, for manufacturing purposes, thereby converting a Company po incorporated for the attainment of a great national object, into an a of land speculators, tavern keepers, and manufacturing st Against the granting of all of which said petition, your memor pectfully but firmly remonstrate:
1st. Because Government is constituted for the common goo .protection of the people in life, liberty, and property; and not
vate interest or emolument of any particular class of men; a corporation, or association of moneyed men, ought to obtain a particular or exclusive privileges.
2dly. Because monopolies are odious; contrary to the spiri vernment; destructive of individual enterprise, and but too inducements' to fraud.
3dly. Because the right of property is an essential unaliena no part of the property of any individual can, with justice, him, unless the public exigencies require the sacrifice; and 1 he shall have received a reasonable compensation therefor, as a an impartial jury of his peers.
4thly. Because the Legislature of this State have no powe consistent with the Constitution, and a limited power is there over property; and, if this can be enlarged under any preles tion therein contained will be entirely nugatory:
5thly. Because the Legislature of this State have no pow. private property, except for specific purposes It cannot tak perty from one man, and give it to another, or to a corporation, either by donation, or by exclusive privilege. It cannot creat class, or by incorporating any number of individuals, conter subverting private rights, and of wresting from any manh perty or privileges, though the pretext may be to advanced and convenience; and that which they are restrained from do they are the more especially bound not to do indirectly..
6thly. Because the Constitution of the State points to the the right of election, as the best security of liberty; and, il should invest a corporation with such unlimited powers, wil ject to the constitutional provisions for preventing grievance
of men; and your int to obtain advaná
to the spirit of amo ; and but too often badut
al unalienable right; a
Justice, be taken from e; and ther, nat unt
cor, as ascertained to
no power but what Is therein only gi "ý pretext, the road
e no power to get a cannot take prinie 1
poration, or to not create a prin: als, confer the pow any man his privat
ance the publid from doing about
oints to the ballot bos. ty; and, if the Legisli owers, without being grievances and pres
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, į combination of individuals assisted by legislative donations; and, however pecious their projects may be, their real object is private emolument and peculation. All the profits and revenues to be derived from the undertak ng are to be divided among the stockholders. i Sthly. Because the powers and privileges already granted to the said Company are amply sufficient to carry into effect the purposes for which hey were incorporated, namely: to extend and multiply the means and faalities of internal commerce and personal intercourse between the two great ections of this Union; and the granting to them of the further extraordiary powers and privileges, as required by their said memorial, would, so ir from interweaving more closely the interests and affections of the peole of this State, be a measure at variance with every principle of liberty, bnoxious to every freeman, and, shewing by what feeble tenures our dearest ights are retained, tend to enervate the laws in general, and to weaken the onds of society itself. And, finally, your memorialists would say, that, in vailing themselves of that right so justly dear to freemen, of petitioning gainst grievances, and remonstrating against all experiments upon their lierties, they come before your honorable body, in confident reliance upon wat wisdom, integrity, and guardian care, which have ever characterized heir representatives; and firmly persuaded that such provisions will be lade, as will effectually secure the right of your memorialists, vindicate ne insuited majesty of the laws, and promote the prosperity and happiness i the good people of this State.
WM. M. STEUART, proprietor of the lands near
the Little Falls of the Potomac,
the 58th, 59th, & 60th sections,
sentatives of Odel Wheeler, deceased,
& 13th scctions.
CHESAPEAKE AND OH10 CANAL COMPANT. The Committee on Internal Improvements, to whom was referred the mo ·morial of the Chesapeake and Ohio Canal Company, beg leare ia submit
the following Report.
In the act of Maryland, incorporating the Chesapeake 3d Ohio lisa! Company, it is provided that the President and Directors shall best consu. the Eastern section, and shall next proceed to construct, will posto despatch, the Western section.
The President and Directors of the Chesapeake and Ohio Cana leapedy ask such an amendment to their charter as may enable them to the construction of the Western section of their canal before the acu pletion of the Eastern section. This application is predicated upon tion attached by the State of Pennsylvania to her assent to the char prescribes, that, should the United States subscribe to the stock or peake and Ohio Canal Company, the Company shall, within after receiving the sum subscribed, commence the Western seed canal, and shall apportion at least one half of the sum thus subscrit section. It could not have been within the contemplation of 1 to require an expenditure of the moneys of the Company on section of the canal, and particularly on the West of the Allega tains, as seems to be contemplated by the memorial, unless the ! Company were such as to afford a strong assurance of a complet of the two sections. The funds of the Company are not att quate to the effectuation of this important object; and, althouga may be flattering, yet circumstances unforeseen at this time why prevent the consummation of this desirable event. Should the of the Company be applied to the construction of the Western and be pas from the intervention of any obstacle whatever, the Company competent to the completion and connexion of the two secu thus applied might be not only not profitable, but even entirely association.
Another inportant consideration, among a variety of others be presented, entered into the views of the committee, in forming adverse to this portion of the application of the Company.
The Eastern section of the canal commences on tide water mac river; and, as it arrives at completion in its progress, such be put under operation, and thus afford a speedy return upon th thus expended. But expenditures on the Western section would locked up to the Company until a connexion between the two ser, be effected, which, when we look to the extent and magnitude prise, cannot reasonably be anticipated, under the most favora for some years to come. Under these considerations, the co recommending an adherence to the policy of Maryland which requisition above referred to, cannot but indulge the confiden when the Eastern section of the canal shall have been complet Company shall be adequate to the construction of the Western se interest of an important portion of Pennsylvania, and especiali emporium of Western trade, will pronapt her to waive the cond
are not at this tatt
Should the funds, the
W estern section, 28
ompany should be e
Vo sections, the finds en entirely lost to the
of others which might in forming an OPMERU
e water on the Period
On would be enter:
completed, and it
I especially of her ft
the condition attack