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1st Session.

JEREMIAH BUCKLEY-HEIRS OF.

MARCH 19, 1830.

Mr. BAYLOR, from the Committee on Private Land Claims, made the

following REPORT:

The Committee on Private Land Claims, to whom were referred the petition and documents of the heirs of Jeremiah Buckley, deceased, have had the same under consideration, and report:

That George Musser, Sarah Musser, John Smith, and Margaret Smith, James G. Ennis, and Catharine Ennis, the petitioners, represent, that, about the 11th June, 1796, Jeremiah Buckley, of the State of Pennsylvania, purchased of one T. Dubois, then of the Territory Northwest of the river Ohio, a tract of land containing one hundred acres, situate on the Wabash river, about three miles above the town of Vincennes, for the consideration of one hundred and forty dollars; which sum appears to have been paid, from a receipt filed among the papers, and shortly thereafter, returned to Pennsylvania, and deceased, leaving the said Sarah, Margaret, Catharine, and one son, namely: Thomas Buckley, his infant heirs, of tender years; that afterwards, the said Sarah intermarried with George Musser, Margaret with John Smith, and Catharine with James G. Ennis, all living now, and citizens of Warren county, State of Kentucky; that the said Thomas Buckley has sold and transferred his interest in the same, to the said John Smith; that the said Dubois, subsequently to the sale and contract, as above stated, to the said Buckley, viz: about the 11th of June, 1803, conveyed one hundred arpents of the said land, equal to eighty-five acres, to the United States, for the purpose of erecting a garrison, &c. and made a deed of conveyance accordingly, from which it appears that the said Dubois recognised the conveyance previously made to the said Buckley, and provided therein for indemnity from the United States, in case the heirs of the said Buckley should ever call on him or his heirs for the land. The petitioners affirm that Dubois sold to the said Buckley one hundred acres, and not one hundred arpents, as represented by the deed to the United States. They now ask a retrocession of the land, and compensation for the destruction of timber, &c. during the time it was occupied by the troops of the United States. The material facts, as set forth relative to the contract by Dubois to Buckley, and the deed subsequently made by Dubois to the United States, are satisfactorily proven by documentary evidence; it is also proven, by the affidavit of three persons, certified by a magistrate to be respectable citizens of Knox county, Indiana, that the United States kept possession of the said land from 1803, to about

1813; that, during this time, the timber was destroyed, or made use of for building the garrison, &c. and that its value might be estimated at something like four hundred dollars. The committee are of opinion, that the prayer of the petitioners, as relates to the retrocession of the land, is reasonable and just, and report the bill heretofore reported by this committee at a former session of Congress, for that purpose; but, as respects the amount demanded for the timber, and the use of the land, they propose to give a reasonable compensation, which is also provided for in the bill herewith reported.

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ROANOKE INLET.

MARCH 19, 1830.

Read, and referred to the Committee on Commerce.

Mr. WILLIAM B. Shepard, from the select committee to which the subject had been referred, made the following

REPORT:

The select committee to whom was referred the memorial of a Convention of Delegates from several Counties in the State of North Carolina, upon the subject of re-opening Roanoke Inlet, report:

The place where the contemplated inlet is proposed to be made, is at the Southeastern extremity of Albemarle Sound, a body of water nearly sixty into its bosom the tributary streams of Currituck Sound, North river, Pasof a medium depth of water, from twenty to twenty-five feet, and receives miles in length, and averaging from ten to twenty in width. quotank, Porguimans, Chowan, Roanoke, and Alligator rivers. These rivers run through one of the most fertile sections of our country, and form the natural outlet of twenty-six counties in North Carolina, and twenty-two in Virginia. In consequence of the closing of Roanoke Inlet, the valuable productions of these numerous counties are compelled to seek a market, part in wagons across the country to Petersburg, Virginia, part through the Dismal Swamp Canal to Norfolk, and part over Ocracock bar, to the ocean, through one of the most difficult and dangerous navigations in the world. mittee have first considered, is it practicable to re-open Roanoke Inlet? and In order to present this subject more satisfactorily to the House, the comreys and reports, upon the practicability of re-opening this inlet; one by the the corps of the United States' Topographical Engineers. From these reCivil Engineer of the State of North Carolina, and one by Captain Bache, of ports, it appears, that, at the early settlement of the country, there was an the oozing of the waters of Albemarle Sound, through the marshes which separated that sound from Pamlico Sound. This passage, by the continual forcing of the water, has at length become so large, that it is sufficient to carry off all the surplus waters of the Albemarle into Pamlico, and thence,

what would be the

probable cost of the work? There have been two sur

Over Ocracock bar, to the ocean.

reinstate the original character of the topography of the country, or, in other a closing Roanoke Inlet, it requires no scientific skill to predict, that, if we words, prevent the passage of the water from Albemarle to Pamlico Sound, we force it to take its original channel through Roanoke Inlet. Should this passage between the sounds be cut off, we are justified in anticipating,

This being the cause which has operated

in the language of one of the engineers, a better navigation than originally belonged to Roanoke Inlet; for the earliest writers speak of these passages through the marshes, though limited in size, still as existing. To cut off these passages, would require an embankment about five miles in length, through an average depth of water, of about seven feet. From these considerations, and a careful perusal of the reports of the engineers, the committee are of the opinion, that it is practicable to re-open Roanoke Inlet. The question of the cost is one of more difficult solution; all estimates of this nature, must be somewhat problematical; and, from the nature of the work, it is scarcely possible but that the estimates submitted must be somewhat excessive. Three propositions are submitted in the reports of the engineers--one to form an embankment of stone across the Roanoke and Croatan Sounds, to prevent the passage of the waters of Albemarle into Pamlico, at the estimated expense of $2,363,483. The second plan is, to have the emankment of earth and wood; which, it is supposed, would cost about $1,157,186. The plan submitted in the report of Captain Bache, is for a tide lock; the cost of which, and its incidental expenses, he estimates at $327,734 10. The committee are of opinion, that the plan of Captain Bache would be nugatory, particularly as it does not contemplate aiding the inward bound trade, and has other serious and fatal defects. They are of opinion, that, in order to ensure to this section of country a cheap and easy communication with the ocean, there is no other plan than that of restoring to the waters of Albemarle their original natural channel. The committee are desirous of knowing whether the proposed embankment might be made of wood, at a less expense than that contemplated by the engineers; and, as it is desirable, in a work of this nature, that the information should be as specific as possible, the committee propose that the subject should be re-examined. The committee are fully impressed with the vital necessity of this inlet, to a large and populous section of the country, and of its great national importance to the trade and commerce of the Union; but, as the estimates of the work are not satisfactory, they recommend that the surveys and reports be examined by the Board of Engineers, and that they report particularly as to the cost and efficiency of a wood embankment across Roanoke and Croatan Sounds. In order to present the House some facts, showing the importance of this work, the committee, from such materials as they have been enabled to procure, can, in part, present the losses annually sustained by this section. Captain Bache remarks, in his report to the Secretary of War, that "the opening of Roanoke Inlet was an object of more extensive usefulness, probably, in a local as well as national point of view, than any other work of a similar character in our country;""" that, whether we regard the profits of commerce, the dangers of shipwreck, pursuit by an enemy, or convenience, as a point of departure for our privateers and vessels of war, a harbor would be formed precisely in that part of the coast, where it is most needed." The area of the country that would be immediately benefited by it contains seventeen thousand square miles, and a population of nearly half a million. The commerce of this section of North Carolina being principally carried on coastwise, it is impossible to state accurately its amount; the custom houses furnishing but little information, resort must be had to the business of each individual merchant. In a memorial presented to the Legislature of North Carolina, in 1827, by a number of merchants, the annual value of the exports over Ocracock bar, was estimated at $5,000,000. The larger portion of this produce came from the waters of the Albemarle; when, there

fore, we take into consideration the amount of this production, exclusive of that which finds other avenues to market, we cannot but conclude, that the affording of this large produce a cheap and early communication with the ocean, is a matter of great national importance in a commercial point of view. The only outlet, of any importance, from Albemarle, now, is over Ocracock bar-a distance of sixty miles from where Roanoke Inlet formerly was; so that a vessel going to the North, has to perform a voyage of 120 miles, to get upon the same parallel, to pass through a difficult and narrow channel, and to encounter the dangers of Cape Hatteras, where, perhaps, there are annually more shipwrecks than upon any point of the coast of America. Taking the amount of the shipping employed in the Albemarle at what it has been estimated, viz: 100,000 tons, we may arrive at some knowledge of the losses annually sustained at Ocracock bar, and the intermediate navigation. The charge on vessels for lighterage and detention at the Swash, averages one dollar per ton, amounting to $100,000 dollars; the additional rate of insurance, because of the risk, averages of one per cent. and amounts, on the exports and imports, taking the same at $3,000,000, to $15,000, and on the vessels to $ 30,000 per annum. This annual tax of $175,000 upon the navigation of this section of the country, independently of the other evils, cannot but enhance the rate of freight, and the cost of conveyance to market; which suggestion is proved by the fact, that the price of freight from Norfolk and Wilmington, (the latter but one hundred and twenty miles South of Ocracock) is from 20 to 25 per cent. less than from the towns of the Albemarle. Estimating this enhanced freight as a tax upon produce of 65 per cent. only, we can fairly charge to the defects of this navigation, an annually positive loss to the country of $355,000. From the causes heretofore alluded to, this estimate is rather under than over the fact; when, therefore, we take into consideration, that the farmer ultimately pays all these charges in the diminished value of his products, we easily account for the fact, that the same articles of produce on the waters of the Albemarle are from 15 to 30 per cent. of less value than upon the Chesapeake. In estimating the utility of this undertaking, it is proper to take into consideration, not only the loss, now actually sustained, but also what would be the proba ble advantages of its accomplishment. The country bordering on Albemarle Sound, from its general fertility and its numerous navigable streams, affords as great facilities for an extensive and profitable trade as any section of our country. It must be evident to all, that, from the operation of various causes, the coasting trade, to which this section is particularly adapted, must, for the future, be the great nursery of seamen, and the most important branch of our commerce. North Carolina has more shipping employed in the coasting trade than any State South of Maryland, except Virginia, and, when we reflect that the commerce of Albemarle alone, employs five times as much shipping as belongs to the whole State, it is correct to suppose, that, were the resources of this country developed, the quantity would be greatly increased. The whole enrolled and licensed tonnage of the Union amounts to 881,000 tons, nearly one eighth of which finds employment in the Northern counties of North Carolina. It is impossible to place a limit to the advantages which might result from the clearing out of this inlet: It would be the opening of a new theatre to a branch of the navigation of our country, as extensive as it would be nationally important. In 1821, the Legislature of North Carolina incorporated a company, for the purpose of cutting out Roanoke Inlet, and, in order to enable the company to raise money sufficient

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