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Les diagrammes suivants illustrent la mdthode. 1 2 3 — ' * 1 2 3 4 5. 6 ni! Rela BIEMORIAL PRESENTED TO KIS ESCEllENCY THE IT. COVEHIICR, BY JAMES G. STROWBRIDGE, contractor /or tmm>^' ^r t*^-y-**^ bv the order of the CommiMioners founded on the r«r pu.i.^ and ad • ict! of tUt'U- i-it^nu er. 1 liul III consequence otlhf chauj^e and alieiatiunts m th«i said work, a|>j>r..ved of, and oidereU by. ilie Ci»in- nns^sKuiers. the v (niiraciv)r lias beiM. sulijccled lu a ni.K h 0ii-dier fcxpenditurt- of money than wus ui lirsi eiil.ur eA|)ected or provided for ;— ihat in all tlnngs, he i>aB olx^yed ihe di eciions and orders and follow td and exe- ciiHd tht plans of the Coniinisbionera, and of the Iai- gi.ieer they appointed, and ihai ihii< he has done in yood tii.ih that a fair remuneration would be allowed hiin lor the great extra and unexpected dusburseme.ils whivh hi was therefore under the necessity of meeting and providing for. That i»ver and above the alteration and changes m the woikfroin ihe plans hrsi agreed on, in no one in- stance hastbeOritrinal Contract been fulhlled, on llic pa.i of ihe (Jorninissioneia. Tor 4 months, tn the yc ar lii^o, during the at.sence of i\5r. Hall, and when ihe vvoik'v* as urged on with every p:»ssible exertion, not ■o!..-larlhiMg was paid, and aftir the report of Vir. '.all to I he ( ommirisioners of v 'ctr. 6th, I8!5i4. not one ».l the Ln^Jineers' reports have been comphed with or honored. That in couf^equence ofthe Coinmissioneis not hav- ini[ paid the money in instalments, according to the spirit aiul tenor ofthe iJriginal Contract, the Contractor has been subjected to iireat trouble, dilhcuhy. expense a.d v( xation, has had his credit very materially injured, and has been subjected to losses, costs, and ex^ienses mme than would have coveted one half of his Contract, l)e- sides vexation, harrassing, and grievance which he never would have fell or sull'ered had the Commissioners but observed common good faith with him. 'ihat to give your l^xcellency an idea ofthe difficul- Joiirnsls of th'^ ties and trouble which Your Memorialist has had to House ot As- niMy. encounter, he would refer Vour Lxct llency to the re- 31 Se3s. oi yui Paria- ^^p, yf the i;ominissiuners of Oec. 3Uth, \u26, in which muut. Appendix C. ^viihout mentioning that any ditierence or alteraJi.^n had been made by their orders and sanction from tlic original design, and, without making any allowance theiefor, the * oinmissioners proceed to say " that they "feel convinced that the undertaking has be* n to " tiiem (viz. the Contracl<»rs) a \umig one, one of which " no person had formed a j ist conception at its com- "mencement, nor of the difiiculii* s and h)K8es which " they had to encounter, and which, if done at the ori- "ginal price must prove not only their own ruin but " that ot their securities, and many other individnale " vvh;i have advanced neres>jaries of all kinds in Inr- " tU*jrauce of ihe work, on the faith tho', tho Legiolatur* on the r«p eratiunti in ilie lv(*ii)> t lu a niitch lirbi eitlitif tn, he lidB (J and txe- i the hn- vc'd hi in tor ents sviiich iititing audi changes in no one Hi- ed, uii tlie , in llie yt ar J when ilie sertion, not of Vir. I Mill )l one (li tli« or hunort'd. Pis not hiiv- ; to the spirit >nuact<>r tiue expense aid injured, and pensci^ niDie /onlract, l)e- bichhe never iissioners but if the difficul- : has had to cy to the re- v'^G, in wliicn or alteraJit-n ion from tlic ny allowance ly "that they has be( n to one of which n at its corn- losses which me at the ori- 3wn rtiin hut er individuals kinds in fur- ho Legislature JouitibIb of Ho'isc of A?s ir,lr\, ;;d S 's. 'Jtii I'm ament. — Ap- Docunient No. 1, " when n fair^stimjite was laid before them of the arfu- "ai • 'bi nil iint'O, wuuiu ^tiitii>U24iy step ni uiul all id " leiuif, by granting Mjch udditKinal ciurn ol money a.^ lo "them uiiglit seem jusl." J hat 111 g«-uerai iat.!ead of the montlily instalments beiiii^ paid lo your Aienxjrialis*!, according lo tlie iiii« ii- tiwij ot the Hist agreement, your .Memorialist, whtiii\or tilt' woik tiegaii to Hag fi»r wuni ol' meaub, lias iimlorinly bten under the necessity ot Colling «m his fnendiii to «! ler into bonds along with hnn lo ilie (.'otnmissi had of heitig able toobiam money fioai the ('ommi^>siotH rs. 'i hat iij the report of the Commissioners, before re- ferred to, of bee. 3()th, 182^, iheyrepoit thai "since •' itjur I'^xceliency's visil to the wt»rk entrusted to their pgua.x k " superiiiteiidaiice in the beginning of July last, the coui- " pletion has proceeded with all the expedition of whi<-h "its nature was susceptible. " "Vour Aieinoriaiist would ©Illy remark, that from the 1st July, ]li26, the date of V«>ur Excellency's visit lo the works until after iebrua- ry, 18^27, the time when the new enactment passed in- to ii law, the sum total of the monies received by the Cuiiiractor from the Commissioners during ihc said pe- riod, a space of more than 8 months' did not exceed Xl^'O. Your E]xcellciicy may perhajjs ask " how did the work proceed with such expedition V " Your Me- " monalist would reply, not through the Commissioturs as a body, or by means of their assistance as such , hut from the assistance atibrded to Your Memorialist by his tried and generous friends." 'i hat in consequence of the unexpected difficulties your IWemorialist had to contend with, in Nov. 182t>, a long time after the departure of Mr. iall, he considered it his imperative duty to make a proposal to the Commission- ers fur them to choose another Engineer, to exam!:," the works, to estimate the value of the work done, and of what would be necessary to be dnne to render the Canal sufficient and complete, your Memorialist oUering at the same time to abide by the decision what- ever it might he. That the Commissioners immediately appointed Mr. J'^"'r'al'" ef Asjpoj. Alfred Barrett, the Engineer on the VVelland Canal, J''' "^'^^r' ^'f^'V;- wlio, alter giving all proper time and attention to the c .ainination of the Burlini;ton Bay Canal, estimated the Mr. Barrett's iMi- value of the work done at xl-.l'^l. and of the further mate. w<»rk to be done, to render the work sufficient and com- plete, at .< 3 ('44. That at that time, only £(;5,66.^^ in Doc No. 1 & 2. 3i!, iiHn been j),~iio to yoiir iiioriHifirihst, hv he f 'onrmis- 9ionerB;aud of this sum tney thmi held his friends' bunds I 1( 1 ■ . rori:in00, 50 tl.at ll.e ai.ioui.t pai.l by the Commi«- «i„uer., at that lime lotlui Co.iiraclor. was really and ill fact niMnoie thun XlTG.'i. » r Mr J.M-r,>N 11..... of. 'lhatthe('o.n.ni.sia.uM:.. after tl.o Fvcport of A . A„.M..!.iv;J.lri"«.s.Oil.Bjirrott, j=o ebtimatin^r alth.ir bolicuatioi. and on their i.....r ',.,. A.,....,.. . 1..1 ..,. .1,,.., o'.ifl f(wiu///;r<.' it. a thoiliin ]'iu-!.iiir'iit AiX II. Ctiirim Misi' Report. ^i'l.'^"- sanction, procoeaed. us they said, to au-'o. ;{. inonies they had then in their hands h.-lonjiin^ to the Canal, unapproi.riated, teudorin-. at the same lime, sut- fieient socniity for the same, ubich xvas re tu.sed. and that in consequence of this rofusa . your ..emonahst Nvas compelled to retain the work hanos from OctoU r, 102G. to February. lOiT, a season when they cou.d do little or noihinjr, to supply them with provisions and ne- cessarics, and to become liable for an otherwi.se unne- cessary expense of wa-es' from not bemg supphed with money to dischai-e them at the proper season ; and that to all this he vv-as subjected until m I'ebruary last the Executive gener(Misly advanced hnn >-UUO on his bond to relieve him from his most pressing difli- culties. ... „ ^H, ouK>.o That when hv the last act the Commissioners were l,\ X:::t t^o:- ordered to pay over immeduaely to the ^ontractor aU j;aoumcru No. >. the remaining unappropiiated monies, yet lie recenea noihin- of the same unli! alter the muldlc of May he ri-ceivod riwO, that on makinji application tor the re- mainder he received the note of James Crooks, Lsqn.re. .,ne of the Commissioners for £100 ^^ J' l'^"^ from that Ce.Uh.nian to present it at the -^ank of Lppe Canada to bo discounted, that your Mein ^nahst oul ,m-enuhe same at the Hank, but it was uish .nore( ; llvathe received no monies further from them until the '29th of June, another payment wa:^ ipaoe ot X1-, uhichsmn. Mr. Crooks declared was a 1 the monies on the fbrn.er enacimenls reinaimng in the hands of the Commissioners, with the excejUion of loo which they had reserved for Mr. Hall. , , ., ^ .t , 'lliat however, reference bein^rr maue to the dooKs and Accounts of the Comrais^ioncrs tkem^elve.. admit- Doc'-iiu".!'- ^"•■•• ^• T)f)f'umeiU Nvi. 1. D Commi^• reully und rt of Mr. id on their , altliuiiiih tlioiii^hl. it yet oil a ?d, or have )rntniysion- o'^G, after lifiir calcu- lun(-', frurn luiie, so as yinj,' on ac- lalist made 3 him wliat iny to the c lime, suf- fused, and Memorialist mi Octuljer, cy could do ons and ne- wise u»mc- ipplied with eason ; and )l)ruary last, m £2000 ressing diffi- ioncrs were iiitractor all ho rc^ceived of JNIay he I for the re- 3ks, Esquire, h a request ink of Upper m >riali3t did dirfh )nore(l; em until the Je of £1^-^!^ e monies on lands of the 5 which they Lo ll\e Hooks :e!ve^", admit- tincr this last sum of £55 and oil others stated therein to he proper and correct, yet at that very lime a halanc* of £'M1 13s. 5d. still remained hy them to be ac- counted for. 'J'hat during lliis present summer the works liave been stdl carried on and pro.secuted accordinc to the direc- tions of the Commissioners and under their sanction.and have received the approval of their siiperintendant Mr. Kerr, and tliis has keen done altogether at the expense of the Contractor, as he has not as yet received one far- thinj,' of tlie new appropriation on the reports of Mr. Kerr. That all the T.umhcr necessary for finishing the works is already on the spot, and the stone and the other ma- terials eitlicr tiiere ready, or contracted for, and your Memorialist liable for the payment theieof 'i'hat in consequence of the premature death of Mr. M'Keen, and Mr. Hayes never having taken anv part in the work, the whole of the Contract, first taken by the three, devolved on your Memorialist ; that to pro- secute and complete the same, as well as to obey the orders and instructions of the Commis.^ioners and of the Superintendan'.s they have appointed, h;is been since he first became concerned with the Burlington Bay Canal his daily anxiety and unceasin«r en- deavour, and that in carrying on this work your Memo- rialist believes he has had to contend with as great diHi- culties as any Contractor on any work of the kind in this part of America arising from the peculiar situation & ex- posure of the work, the necessary change in the original plan, the limited knowledge of all.the Contractor, as well as the Commissioners, of the local difficulties of the sit- uation, the timidity, or something else, in the Commis- sioners holding back from month to month the monev which was lawfully his due. his want of funds in consc'- quence thereof, & the breakmg down of his credit, tiie iuits, prosecutions, arrests and costs he has been sub- jected to and had to pay, in consequence of his monev being withheld. That the Commissioners in every one of their re- ports to your Excellency when ever they have said any thing with reference to the Contractors, have al- ways spoken of tliem in terms of commendation. In their report of Octr. lOlh 1025, after mentioning the death of Mt M'Keen and the loss to the work arising therefrom, they observe " those upon whom the Con- " tract devolved have exerted themselves to the utmost, " and it is more owincT to the nattireof the diffcul*--*-' " that have occurred. "and which could not have been " foreseen «r prevented, than to any remissness on \M •m •* -*K I iiM "the'r p«rt<« Ihnt tliev h«»fi "'^t rnmn1*»ted fh*» work hjr "tilt iiiiic s}'<'cifi»'(l in tlmr ( uittru«i. " Ihntlhe ftirpyoin^r bt'in{? iht; iruih, it was with no small astdiii.slunnit your Mtmori:ilist saw pul.li>ln'(i m ievf'.al ofihe l^oviiK-ial Newspapers an a(^vt'rtl^ell..Mlt fo prf the rommi.^sK.nera at which the leriuJuiiMn to advertise was adopted, took place duriny the ab>cen. • of a most int. Ili'"''tl ond ellicient meml.or of the t oiii- mission, and of this meetinu Your Memor.alist had n» pieviou-' noiice orappiisal. Ihiit whatever may lia^e been the nitmitim. ot th* r( -naini -/ Com.nisi»ioner:i. N\hen they published this ad- vcriiiietnent, it could be attemled with no good etlect to any person or thin;;. It pri)()ai:ated abroad under tbeirown 8ancti(.u. that a disa^/reeineni ai.d nusunder- standinfT existed between the Commissioners and the pi.senrrontractor your Memorinlist n nujrht tend d so h repaid were paid totheii opinions by the Oovern- nunt or the Country to destroy the remaining credit an,l resources of your Memorialist.- If your xMemo- riiilist had not privately found means to cany on the th. work, it must have totally sK.pped until the 24lh (»f Ain'ust. before a new Contractor ciMild be found, and afte"^- thii.so.n^ leni»th of time, perhaps a month hmier, b. fore lu would be ready to pr..ceed, thus allowii.f. a wliole season to pass away without deing any thing. Pothat instead ofyood arisiny from their adverusu.g. the manifest tendency of this proceeding, whatever th-ir inlenlions mi^ht have been, was to embarrass your Aiemorialist and delay the finishing of the Cana . That in the humble opinion of your \lemoriah8t. the Conmtissioners do not possess the power of a(lverlising f ,r, or entering into any agreement with, new Contract- o--! They advertised at first for (Contractors, they en- na-edwith your Memorialist and his ass(.ciatts, and u.iTil they fail or commit smne gross error or blunder ..a tb -ir part vour Memorialist, with all due deference, conceives that it is not in the power of the (Commission- e.s at their whim and caprice, to do away with wniiea and sanctioned agreements or to make or unmake ( on- tru ts And he further thinks, that if any error with re- gard to the works has been made by any one, it b.iS b.enbythe (.bmmi.ssioners themselves, whose plans and directions he has uniformly followed and obeyed ; and therefore, having been only the organ of the Corn- DHsioners, he thinks that they ou^ht not attempt i« make him the ^ci.pe m>Ht for all their h!t:rs(kr? That y«ur Alwmurtalist ha» always b«8n of opinioi. pebbles, your Ex< tificale o dinte vici observing can dec!; Your met not think fallen int< tht break h«» work hjr as will) no Miiilihiicd la rurlii'jiioa liii, that III* > leriuluiioa lu' nbscern • )f \[\e. ( tiiii- liiit had !!• tioi. of th* ;h«'d this ad* good etlt'ct jroad under id luisuiukr- iicrs and the nijiht ttnd if tlie Ciovnn- iiiing credit your Meino- ariy on the I the 24th of e hnind, and lunth longer, i» aliowinm a J any tiling. adveriising, liatevt'r th'^ir ibarrass your Canal. moriahst, the )f advertising ew Coiitract- lors. tliry «n- >!ociattM, and )r bhindf r on e deffrence, C'oininission- with wriiiea unmake ( on- error with re- f one, it lias whose |»lr«ris and obeyed ; of the (orn- )t attempt i« nder? Ill of opinio!. 9 thnt the rovornment of Vpprr rnnfu'a have ever wivfa. e.lh,.^hollMnot stifliT any loss in the pru..,..M,ii„„ „nd fin-sh„.^rofihe KMrhMoton May Canal, and iher. for© thinks that ihehl.MnJ »i|.|.ropriali(.ri of last s.s^iM,wn« b. sidrs other ends, p„rli((il;,rlv intended for his relief and that t|.». Iej.'isli,inie. wl„n thev r.assed lli.> s;.id ;.et' nevr-r confenif.liiu-d u new contractor, as by its tenor »jH'*'ars ihronjTlioiit. That all the reports made by the Krinineers em- ployed have never be.n rompliod with, and donor Docum.nl No.i 4, j: sp'-mtohave been considered ..f any importance or ^- "' bindincr whi.iever by the Commissioners nntil the re- port .)f Messrs. Moore & Maetanr-art, wlun they all ol a sudden, in a most wonderful manner. ]ia\e elian.Ted their note, and according to their lan-na-re notliii." is now of so much importaiu'e as the Knpneer's lieport I hat should your Mxcellencv consider your memo- rialist strictly held and bound by the report of Messrs AJoore &. Macfagirart. (as the Commissioners do now strenuously ontend^ the last enactment, instead ol anordmg relief to him. as was intended would place htm m a much more difficult situation than he was in r , r . before ,t passed into a law. Although upwards ..f a i.l.-TsJs 01^?/ year had pas.^ed between the periods of tl.; respective i H^m;','. a;,':,' , ' " reports of Mr. riall and Messrs. Moore and .Macta.r. ^^ "• Mr.Hair.'.ti: gart. during which the work had been viaorously and "^"- -^ ^'e-^i-^- M'>"re successfully prosecnfed. great a(!d.tion n.ade to i"t,;,nd l.e'T'Tn'"''' ""'" a great sum of money expended thereon ; yet the litter CWi """""* gentlenrien in their report allow your memorialist only ahout to7 more on an estimate of the work done than the h,rmer had valued the work at the twelve-month beiore. That your memorialist would observe that either Irora inadvertence or incorrect information, son.ehow or other by them acquired. Messrs. Moore and Mactag- gart have beer^ led into an error in their report which operates very severely and mijustly agamst your Me- n«orialist. . his is more particularly the case when inese gentlemen report the pins and cribs as beina filled and loaded with alternate layers of brushwood and pet.bles. On this point your memorialist would rail your Excellency's attention to the accompanying oer- tihcate of respectable persons either living, in the imme- dute vicinity of the works, or who. from frequently observing and examining them during their progress can declare the truth with certainly on this matter — Jtour memorialist would likewise ohcnrv#» tha* he d es not think Messrs. Moore & Mactagyart would have alien into this inadvertence had they considered that "it breakwater hai stood unmoved in a sea that washed B Dccument No. S. f : l|: W from its deck an iron pilin^-hamrner of 17 hundred lZ\n and ihiit duri..}r the hoav.est easterly blow and storn^'o'. l.ake Ontarro. as the Commiss.oners m thur e " s then>selves adtnil repeatedly, five and s,x of the schooners navigating the l.aUe have been moored to behind U, and rode out the storms m peHec safety^"- At d this likewise when it was in an unfintshed s a.e^ It s by no means propahle that it could thus have stood and lasted, had it been tilled only w.th brushwooa and ^"^That it is not the wish of vour memorialist to in- elude *he whole of the Comnussioners in one general censure He must indeed say that he considers m aenerul as a bodv their conduct and proceedings have fot been iair or liberal towards him ; but he must ac- itTcle, and he acknowledges U with pleasure a d rrautude, that he never coMd have contended ^ fh U.e difficulties he has had to encounter, had U not been for the kindness of one o the Comm.ss.on- eV who lent and employed not only hts own private •, i -rest and respons.bility. but obtained hkewise that of .Lends, to raise money tor the contractor and had U t been for his and their kindly a,d and assistance, the ,^ rk m-st long before this have been altogether stop- ped by your memorialist. It is only justice to mention (aUhomd. reference to the accompanying accounts xvould r^endcr that unnecessary) that this C omm.ss.oner is Mr. William Chisholm. , . • .i. /: ♦ ♦;m- That your memorialist believes this is the first time he has come before your Excellency with the language o complaint, but he lias obtruded Inmselt on pur no- lice from no other cause than absolute necessi y. \our neu^oriahst is sensible that complainings & -^-tati.m. are not often agreeable to the persons to whom they are addressed ; but having so experienced yMon. Vour memmiulit-t thercfu.v earnestly prays, that your Excellency would be graciously pleased to take the pntnises into your n^o^t serious consideration, and au- thorise the appointment ot a conipetent civil Engineer by and on th<; [tart of govrrnitient, and of another by aiid on the part of your memorialist, ihe said Imgineers to have the power of noininatmg a "third as a referee, in the event of any disuareemcnt. to examine the i^ur- lington Bay Canal, and estimate iind report the value of ihe work doiic by yom- meinoriiilist, as your memo- lialist |)!e(iges himself to abide by their decision, or thai of their maioiitv, wliatever it rnav be. Or, should y(>ur fJxceiUiicy disappiovc of the humble suggestion or yoiu' mfniorialisf, be wduid respectfully hut earnest- ly entreat your lOxcelleiu-y that you would be ji)lea ^ed to devisf ;jnd order such oi}>er relief and assistance to your memorialist as to your ICxcellency in your wisdom and goodness may se(>m just and expedient. And your memorialist as in duly bound will ever pray, &:c. JAMES G. STROW BRIDGE. Burlington Leach, Aiii:;ust2{)ih lo^l. i ■ ce of the (jain serve Mnorialist, leterniina- » hHns( If e thtiu a that your take the , and au- Engineer nother by ['.niiineers efiiree, in the i'ur- llio value iir meino- ^cision, or )r, should inggosiion [I earncst- ? j)lea -f d istancf to jr wisdom will ever LlDGE. "^in<^ 13 (Docu.Mr.NT No. 4.] ThLECOFY. 3IR- Gnv€rnrrn>nf Home, York, lu i^tluoer, li;27. Your memorinl haf. hren laid before His Exrejlenry the Lieut Gov- d^cnut !'m i"'"""'*^^*'^ '"' ••' ^^'I'O. that h. reoreis exceedingly th« dllicultie. ^v Inch appear .o have arisen in ,he conduct of the ^.o?k at Lurhngwm l.ea.h. bu, ihaMhc.e is no n.easnre in his powe to adopt for atlording you rehei, dU.e acts of the fouin.issiuners have been 2^ ca"rin 7";. ""'"■'• """"^ '^"""^ ^^^''^ ^^^^-^^'^^^ His wZ y cannot justly form an opniion '-cuc.j^.jr 'I'he 1-ej.islalure. in iheir last session, havinn the matter fiillv hpfnr» them, must be considered to have exercised their beTt M,nne^^^^^ by the provisions coniamed in the sta-ute, both in regard to .he'' Sc tere ts in the prosecution of the work, and ,be consfdciation fair y le toyou as a cont actor lehne that act could be carried into effecf a^id whde h was still doubtful to uhat additional payments you nii,ht ap^^^^^^^^^ tilled, when the su. vey directed by the act should be made H^s Excelle cy was wilhug to place the most liberal conhdence in vo.t 's atern 'm rd to relieve you from immediate dilhculiies bv .^oina to the ZnJLt that pru ence would warrant, in anticpatrng'the r^.ult of h '"ir 4y ' of ^hpr' ]T'' I''*^ "'■''""'■ "'"^^ '^'^"^ "I'on the footing on which the act I have the honor to be, »5ir, Yo.ur most o})edient Humble se. vant, G. lIlLLiER. i -i .. ' ■ ''<. \'l i «*>^'^*».'' v:;1 t 1 . [1 i;.;; 11 TO THE COMMISSIONERS & ENGINEER OF THE SllUBE. ^^ ^^ NACADIE CANAL. Wp the undersigned, beg leave to recommend James G. Strowl.ridgc r \^^ ChS as suitable persons for Contraclors on your Oanul ; ::^ tS^":^;^orcon.den?e ^^^^-;:;^^:!:p^ ^^^^^ ^r they may undertake. ^^^^^^^ CROOKS. Wm. VV. JARVhS, ELIJAH RECORD. J. P. RICHARD BEASLEY, M. P. DANE. O'HIELLY. J P. . . JOHN WILSON, (lale Commissioner.) JOHN CHISOLM. Burlington Canal ) August 24(/i, 1826. y [COPY.] g pi a n A e a § o e o a SIIUBE- strowbridgo our Caniil ; ed to learn liave confi- mtract that 15 — + o «« -1 CO p. inissioner.) & ST 3 n c 3 fa a o o c & n o < Q &■ C 03 ^ 2 &> c St* fc £. o* o t ET " = 3 1^ ■^T3 !■? — «> 5* o St 5' O^ CL O. Qd o o o o CL n t> &< o o • o C <* -i c- ^ O B- •■^> to sr o 'T3 & Q. Qx rr■ O O C^ a e o o Cu CLi O^ o c o 93 rL Qj ~- W O "« •*- Of 9 02.2- _B H en O o o ?r H w > 3- • o •^ (A 9 o o CO o w O 3 O ... ir 3- C 3. 09 o ST "I t?a E 3 [| 1900 55 ^^ O' "^ -J CO O 4a» Ci 05 O CO o O O CO o to — C;i ^^ O Cji C;x 00 00 00 4k. 3" O o o 3 3. S" as o" S 03 W OS CO to 2 ?'* « i' (0 o CO oq 2. c:' p •i o &" I a 3 5!" CO or M to 00 CO Oi to 01 c c o w 00 1 hi h5 f* Ol H^ 1 •^1 w 03 ' CO OS 03 1 it! w •^ 1 ^ w CJT C-S 00 1 ^ _5 * Jisfar as taken from Canal Book. t From Mr. Chisholm't memorandum. i Contractor't JVotes. to ^ o I 2r i f^ODUMENT No. 2 ] STATEMEJVTof ihc n-cf.lots / CasTf bij the livrh'nrrtryn Cann! Contrnefof from the Cnminissumcrs for Said icurk. 1824 Aug. Sept. Nov, Dec. 1825 Feb'y March April May June Sept. Oct. 1 ! £. s d. 21 Rec'd on the RiiiTinper's 11 port £ • :.-)0 4 " Mr. B'-ant's Bond ' Mr SheMon's do . 2^0 () 500 Q 2oO 11 24 " Enginrer's lleport " Col. Clark's T^ond 2")0 500 100 17 " Messrs. Chish.)lnis' do 1000 18 " Wilkins fc Spaun's do 250 " Mr. Davis' do 125 24 " Mr. Brant's do " Bates Sz. Frpeman do 100 475 a 125 6 " from \V. Chi>hohij, Lsq. 5 9 7 do 35 9 do 50 IG do 75 15d 9 7 do 62 10 9 " by draft to J. K. Simons 55 15 do J. AmhI.r P 1 3 23 •• do A. Newion 2 15 Cash 125 25 " do draft to J. Davis 25 27 " do J. Ervvin 7 17 6 28 Cash 25 4 do " by amount pd. Evringham } 37 10 &. Co. for Cast inns, ^ 142 15 7 " do for PIHnjj Hammer 21 8 3 17 '• acc't with W. Chisholm, Esq. " on Mr. Sheldon's Bond 104 18 5 619 11 500 16 1 " on Expenditures " acc't. with J. Crooks, Esq. 500 1000 90 Total r«6'4 to this date i 4565 ' Cnntrnefof ^H- •"^ £. s d. 00 00 00 00 75 25 5d 9 19 11 30 ?0 35 1825. Oct. Nov, Dec. 1826. Feb'y May June 1827. May June 4 6 ]] 21 G 16 21 17 17 25 27 17 BrnugfU forward, Rec'd from W. Chisholm, Esq. do do 50 25 200 from J. Crooks Esq. by draft to S. Carpenter, on Mr. Sherman's Bond on W. B. Van Every's do. on G. Chisholm's do. from W. Chisholm, Esq. do. at sundry limes on Dredging Machine on Mr. Sheldon's bond on expenditure draft to R.M'Cutcheon, Ap. 7. from J. Crooks, Esq. do. do. per acc't with him do. do. 2 draffs to A. T. Kcrby from W. Chisholm, Esq, (by > my Note paid) - . " \ Total paid Contractor Th« £1000 rec'd. on Tannahill Si Daily's Bond are includad in the DrcJ^iiig IViaQhiae. S565 175 250 675 1900 400 500 3 11$ 339 5 t 99 8 6 75 ■■— ^— — ■— — I. .1— > 9082 6 i, amt. re»'d. •^ REVIEW Of the Receipts^ Dishunements by the Conimissionen of the Burlington Canal Paid the Contractor " Engineer » . . " Mr. Harris " Mr. Dickson " Hon. Thomas Clark " J. Crooks, Esq " A. T. Kerby Retain«d for Mr. Hall £9082 400 12 6 21 2 44 55 5 4 8 8 5 2 9 3 ft c Diibui-gtt4 Q42'Z U 7 i i: •■ /• *^r^^ 18 Amount of orirrinul appropriation £ flOOO do. for t)uichaao of iJrodj^ing !\Iacliine 'JUUU Kocpived Di.'3bur;;icd 10.000 a 9,G22 6 7 Bulatice unaccounted for J^ 377 13 6 I '11 Palanro of former Statrment Deduct Contractor's draft to R. M'Cutcheon, omitted Leaves a balance, as above, . - -s^C/^ 381 4 8 3 11 3 377 13 fe [Document No. 3.] Burlington Beach O'annl, Octr. '2d, 1G26. TO THE COMMISSIONERS &c. At the present meeting of your hoard for the purpose of examining thp projj;u ss of the wi»rks at tiiis place, I would beo[ leave to mention a few particulars respectuig the same, in conpequrnce of a deficiency in ni(inied means, I have not been able to progress with the undertaking with Ih.i rapidiiy ihat I otherwise should have done. 'I hat ihe works might continue in projrress, I recently endeavoured to oh in money from tiie iJank to no purpose, and could only loan small sufns otherwise. ii«;jii^ "liiis curtailed and havinjT a number of men sick, whom I havo been t»bii»< d to sustain. I have not been able to keep in emjiluy as many effitient uieii as I should, under other circufnstances. The Dredginii Ma- chine has been kept in constant operation day &, niyht, since April until I riday lasi, when 1 was obliged to stop it to re))air the main chains, which will be eftected in days ; but they are so much worn that they will not la.-^t longer than three or four weeks : and I think that as soon as suita- ble iron can be obtained, and a new chain made, the machine will require them. I have effected a channel nearly two thirds of the whole distance requir- ed, to a proper depth and the remainder of the distance to the depth of should the season prove favourable, 1 think I shall be able to complete the channel this fall. I have to desire your instructions on the subject of the Break-Water. Should you think [»roper to have the iNorth wing sunk between the two old piers, it may bo completed in about two weeks, and it is my belief that it may bo sunk ihuie with safety, as the fouiidaiion of ths old piers will 19 i.OOO 6 l,G22 6 7 377 13 6 381 4 8 3 113 377 13 6 ach O'anal, 2d, 1G2G. Df examining I) mention a eficieaicy in •taking with eavonred to n small sums lom I hav« )!oy as many redging Ma- ! April lutlil lains, which lat they will oon as snita- vvill require tanc.e requir- :he depth of think 1 shall Jreak-Water, sen the two )y belief that )ld piers will prevent it from imflrrminin?. anrl theexprn'-o of pinV-in? eonsi(loral>1v le« than must ue«:ess;inly occur by siiikmg it i:i tVont of liio one alti a(tv umlcr- inined. I have extended the South pii^r in Jjinlmgton [Jay a coijsidcralde distance fiom shore, and shall be able to sink «St bucuro the whole by ihtj uii'ldle of November next. I shall require your instructions relative to the nridh, by your letter of the iith instant, to on« of the Commissioners, you appear lully to accjuiesce in. Ijut, b^'fore we avail ourselves of this arrangement, we think it our duty to learn from you whether (as has been re()Oi ted,) you take exception to ;ip- po.niment of either or both of the Engineers appoiiued by liis i.xcellency, in |)Ui,-uance of the Act of lastressiun of the Legislature of thiji Province^ to appraise the W(uk aheady done. It IS also important that we should be informed wheUier, in the event of i the wnrk bpinjy pfoe^pclp,^ vvith. you will acpfspt of the priepsi ftxtimaf^d for l)y Ai.essrs. .Womt- and Muctaygarf, and themrid»?e. Ixcsideiit ruirracioi i»Uiliug- 1 (Copy.) ■•m«#QA«><.- [Document No. 5.] Burlinirton BeacTi, "iSth June, 15S7. 0ENTLKMR?f, I have this moment received your communication requestino nie t* inform you whether I am |jre|)ared to ^'ive the satisfactory security, and Comply with Messrs. Moore and M' a^^'arls fieport respecting the com- pletion of the Burlington Canal I only have to sny, respecting that part Of your request, that i am ready to give you an answer as soon as you in- forn» me whether that Report has been properly executed and accepted by V Government; then, and not until then, shuJl i be yropaied to give yoa the information you desire. ^ 1 am, Gentlemen, Your most uhedient servant, JAMEtf (jr. S'lROWBRIDGE. To the Commissioners, die. (Copy.) '""••••f^ R9 ©'•w^ |D0CUMENT No. 6. j •Bm, Beach, lUtli J'uAi 1827. Tn replv to yonr T efffir of this dny's date, in answer to ours of the same date, we have to say, that iii« Kecuriiy referred to by us, is that re- f1 9 «!urs of the is that re- [Document No. 7.) ■Gentlemei», Burlington Ficiij Cancil, VJih June, 18i!7. Yonrcommunicalion of the tPth instant, is before me, and on a mature deliberalion, i think | roper to make the f»»llovving reply, and now proceed to an«v\er the several requests required in the same. As it respecis the appointment of Wm. J. Kerr, Esquire, assuperintend- ant and l^ngineer, I have to say, and have uniformly said to each of yon, thai ' have the most implicit confidence in his integrity, and have not the least doubt he vvdl do justice to both parties. As toyour rcijuest, respecting the report of Messrs. Moored Mactag- gart. it seem^J you are particular to know whether I have (as has been re- poried) taken exceptions. I tnusl say this request founded upon reports, is somewhat surprising to me, and on reception of your communication yesterday, I thoujiht proper to add-essa note to you, requesting you to in- form me whetiier Ciovernment had acrepied that report, and whether they, as civil Engineers, had complied w ith the requirement of the late act. Your reply to me on that subject was not satisfactory, as must appear obvious to c\pry person ; and I now requer;) you to inform me whether in your opinion lam boui d t »su')uiit o h>i report ; if I am, then there is no alternative oiiier than to alude by the consequences. It would seem from the pui port of your note of yesterday, that the re- port of ' esprs. .Vfoore iiid Martiiotrart had n» reference to the bond to be. given to complete the iiurliugtoii Canal, agreeable to the laio Act of the : N**^^^*^-^ S>2 i Le;»islatiiro. On this pf)int, I beg Icavo to inform you ihft Tm,>ii«id Aith, 1 have m y«'i rcoMVfd no lt*t,'iil iidurniali«jn. thcre- . lore, you cauir.it »jx;)cct mo lo ^^ivo u lurlhur bjiid to coin;)tuie the work, agrooaltly to their rfjport. Von hold bonds of mine to a larjc ninonnt, and (jovrrninont for two thousaii!] pounds ; all lhi>rio ouLfht to he liipnd iicd bclore a ir-w bond is gi.eii to secure ijic cotn;)lj possible, a:id have been willing and ready to render me every as.si!^t i i-,e tint cMld postsibly be e.x{)eciod. Why this dcscrepan- cy on your |)art — vhy hold back and hold on, upon funds you know arc honestly my due I — Viu season has arrived when the work ought to progress . with all possible sp»eed. You seem vvillin^' to hold me responsible to a part of the late report, that respecfiiiiT the estimate of the work done ; but give me no directions how to proceed, e.vcept at my own ri^k. I now ask you, who was ever place d in the same situation [ have been in for three months past 1 and it seems you feel no dispOf;i:ion to relieve me from my diificultie?;, llond after Bond isrocpjired, and ihn^i I am comriolled to go on without kiiovviDj; whether I am extricating myt-elf from diiiiculty, or involving ir:,y:^'^[i an! friends m ruin. I again req'iest you to inform mo. whether you consider me bound to com- ply with the report of Messrs. Moore & Mactaggart, if not, inform me what course isto be pursued. [ am ready to give a bond to complete the work for the nioii ^v ^ ppropriatcd l)y Government, and to the satisfaction of com- patentjn l^. ''-but tLo spcciiicalions of the late Trngineers are wholly imprac- ticable. o')(.' MCI ,i'cro a bond would be of no use. The latt: report I do not consider binding on me, nor shall I ever com- ply with it. Mr. Barr,?tt's report in my opinion is valid, and I do think, I iUi entitled to that award. r voluntarily contracted to effect a Canal at Burlington Beach, the com- pletion of which has been my unceasing endeavour to accomplish: and cannot abandon it but with the greatest reluctance until it is completed : a comphance on your part to place tne in the posse -ion of fand.s, which is in your power, is the only thing rer]uired to effect so desirable an object, I am, (jentlemen. Your Ob'dt. servant JAMES G. STIIOWBIUDGE. To the Commissioners for the ■.I'm I ■^ Burlington Buy Canal. (Copy.) uw rrquirfts V, UMii also was tlicri to I hat titis lion, thcri!- tlic WUlti, nt for two iK'w hoiid la 'ork oiioii.'li k, or itilLiid it, i uin at t appropria- aiitls, which passing of 111(1 pounds', 3 tliL> work y ti) render dcscrepan- knuw arc to progress ate report, 1 directions ever place d id it seems after Bond ; whether I friends ui iind tocnrn- rm me what e the work on of com« ally irnprac- evcr corn- do think, I , the corn- plish : and completed : which is ia bject. 23 [DocnMr'NT No. 8.J I hereby crrtlfy ihnt T have been in the employment of Mr. Jamei G. Strowhrid^je, Contractor of the Hnrlin;,'ton l!«ach C anal, almost since iti commencement, as foreman, and am per.'^onall) knowin;,' to all the mate- rials with which the jners are constructed. I believe not exceptui',' one, and do state that tho iire;diw.ileri:s lilled with lar!,ro stones taken from the north shore of Lake Ontario, some of fhem so larne as to require three or four men to handle them ; occasionally, smaller on< s were brouj^dit from Mr. Brant's, at the Ship Yard, and mixed in with the larye ones. 'J'he side pi«rsare filled in the same way, exec [it that a considerably larger propor- ti'in of the yfone was procured at Mr. I'rant's in some of the cribs of the Breakwater, a small layer ofbrn.'-h was put in at the bottom. The side piers have a thick layer of brush at the bottom, and when the piers settle down, as they frecpK iitly do. from three to ten feet, more brush has been put in, to prevent tlio stones from wasiiing out of the crevices occasioned l)y tlie piers setflmg. The piers in the Hay have a thin layer of brush at tho bottom, and art fjlled with .stone frotn Mr. Hratit's, except a considerable proportion drawn from the fields in the winter on the ice, which were such as are gcneralir found on stony land. Near the shoro on tlic Day side, a fow piers are filled with sand, where the water is very shoal, and arc not exposed to the ice. nurlington Canaf, jhigmt 2, ICiH. ASA MANN. We, the undersigned, living in tho vicinity of the Bnrlin.<7fon I^ay Canal, Iiaving examined the above CertiHcate of Capt. A. iManii. respecting the construction of tlie piers, do say, that from our fiequent visiting the works, during their progress, and our acquaintance with him, think his statement to he siib.sianlially coirect. JOHN ciirsrioLivT. AUGUSTUS DATE?, WM SHELDON, A nil. K. SMITH, WM. DAVIS, JOHN LAW, DANIKLCROSTHWAITE WALTER O'KEILLY. GEO. CIHSHOLM, ASA E rn^is. PHILIP teoVEilEIGN. lUDGE. m I I [Document No. 9.] STATEMENT of the several different lUporfji that >iave bren made iu estimation of the work done on the iiurhnglon t aiial. By Francis Hall, Esq. April 13th. 1C2G. £ 8.P00 4 9 " Mr. Barrett, November 29th, do. I'^'l^l 9 5 " Commissioners, same date - • " 8,339 12 5 '■' Messrs- Moore and M'Taggart, April 6th, 1827, 8.857 111 Amount of Cash paid the Contractor to this date, per books £ 9,082 5 5 Amount of expenditure by him, to > f 14317 19 3 24th March, 1827. ^ -^ " '* from 24th March to 31st May C,3() 5 " 30th iMay to 3utli June 47o 1 1 3 Total £ 15,423 11 July 16th, 1827. H>«Q«««— [Document No 10] • tJorc Disirki, > John Chisholm. of the Township ofEast Flambnronqb, to n:it. ' ^ in the Gore District, Ksquire, and W ilhnm li. Mit ulun. of the Town of Hamilton, in the said District, merthant, make oath and sav and each of them for himself mukethoath an4 saiih, thai he was \>tr- sonally present according to the best of the knowledge and belief ot « ach ' of the deponents, at Burlington Beach, in the moiAh of rcpiember. in the Year of our Lord, one thousand eight hundred and twenty six. during a ineetirif^of the Commissioners of the Burlington Hay Canal, althouuh t^ot at the meeting. That immediately after the said meeting one ol the depom iit« • William B. Sheldon, asked James Crooks, Esquire, one of the said ('< m- missioncrs. immediately after the breaking up of the s^aid meeting, «<.. a Bond he had entered into with James G. Strowbridge, the Ct ntractor ot the said Canal: that the said James Crooks. Esquire, replied that the Vum- mis'^ioners still would hold it in their possession, hut that they had at tlxMf nieetin} Cords Stone purchased a. ^4 per, Hauling brush to Lake t^hore, ' - . Coals purchased for blacksmith's shop, Hire of teams, Copy of Statement rendered 25th Augt. 1827. 712 Days' labour and board of labourers, a. c^l, 22 Do. do. and keeping 2 span horses, do.' 22 Do. do. do. 1 do. oxen, do. 624 teet square timber, a. ^4. 122 Firs, a. 15 cts. Paid for Sawing Lumber, 231 C'ords Stone purchased a. ^4, Iron and coals for blacksmith's shop. Hire of boats, • - . . Do. of teams, • - . . Amounl of Cash received .^ pu.uua^, of Dred^nng AJachine, £0032 d o H'x. C'y including purchase } ~NaC/=^ [Document No. 12.] STATEMENT of Expenditure on the Bvrlinr»gtess,.,g bjn« as the original Con- f *«*:■*»" 28 tf«rtnr. and. as T conceive following your directions as you w^re directed bv tilt' < oinmit^.-io. ifis. , ^ u i » ~ l>.,ni.>» mvHl.s.^meon the 2Gth July last, the Comm.ssioners held a movuwr'^and imuK-diateiy alter I ol.srrved in the public papers that pro- p...als would be received hy you. as.^ecrenuy to the L.omun.s.oners. tor coruplHin^ the work at this place; as the time ha. ex,.ired U.at ihe pro- p,„als w(.fe to be yiven iu. and aiioiher uuet.n^ of the toinu.i.sio.e.e Lvina since taken place. I have to r. quest of you as secretary ot the board to know what has been the result of the proceedings of the uvo last meetings, as I have had no commumciM ion from ine,n; you must i.c ivell aware of the critical situation in which I am placed, as 1 hav.^ [uo- CM.ded with the work with the areate.t confidence (alter my receiving their communication of the 18th June last) that your reports would be ac Ci', ted and considered jiood by them, as that apiu ared to be the wish ot Governoieiit. An early compliance with this request will much oblige (Signed.) Your O'bt. Servant, JAM lis G. STROWBRIDGE — ^jf^if^^— [Document No M.] WelUiiglon Square, .lug. ^Otk 1027. Sir, I nave received vour letter of this date by Captain Mann, in which Ton request f,om me. a.^.cr.tary for the Burlington Canal a copy of the mocetdiniTS of the Commissioners at their meeting on the_26th ult., at aUn those of yesterday. In answer to which. I have to say. tnat it is out of mv power to furnish you with the necessary information required ; lor, ill ..th instances, .\ir. Crooks performed the duties of Secretary, and look thtj aiuiules, or proceedings home with him. I aui,Sir, Your Ob't. Humble Servant, WILLIAM J. KERR. Secrctarv. Mr. J as. G.Strowbridge. ' ■■i*wk^'-ii'' atssBSHSpmir-j.'s ^mn^i pre directed iiers held a irs ibat pio- ^siuners, for lat ilie pro- iniiiis^sioi < IB iinry ot" the < «»f tlie two oil must l)C I liav(' [)ro- )y recpiving would be Jic- tlip wish of ch obhge BRIDGE , 3Oi/tl027. [ann, in which a co[)y of I he B 26th ult., as- that it is out required ; lor, tary, and look. Servant, J. KERR. Secrctarv. [D OCUM 29 ENT No. 15. J Copy of a letter to Mr. Crooks. Col. .Tas. Crooks, (^ IR, d,„,clecl hnn t..i„(hrm ,ne „oHo pni.o.'U "i>l ' ,"";.„|> ,„ i,^.^ been by .he Co.iimissi..u(-rs o,:i.e<..a .U- ." .I.t L't^ »"• ' .„„ should ordei hLi.a.e,o say .ha. 1 -"-"■";"' ''VJ^;;: Le ', e .,c of all n.eans s^-au^rt!:'::::; ;::r .r:;:::^^^ iLeuccy .,.0 L.e.,.e... ant (iovernor. ^fiUor^liI riin<1^ which vou wore jo,,aro hold,„ghacko., .no,, ha. .s .. .e^ ^^.,, .„,,,„, without any setiiemeul or txpltmation. lam, Sir, Bnrliiieton Tanal, } Ucii. ItiUi. Iu27. 5 Your Ob't. Servant JAMKSa.'siT'^OWBRIDGE. ■>g*^&e^/^^^.-( hi? 30 JDOCU.MENT No. le.l {COPY OF JlGIiEEM/JjVT.) ^'^^^^^^™^ '^^ Angu.e.in th. year or ^;t' r ""^ ' '^^'•^^^'^^- ^^'"'- ' M^;s ?i "vr^^""-^' •^-- an act of Parliament, pissed "n i ':W^'^'"^«'<""cler a .d by v.rtie of Ji^i WclCieor,eti.ek>.^ VtSt^irV'?^^ re,g„ o/'ou;"::;^f it ,r;, J'^yesa.id Join, ^UcK^eon cT^ f'"^ ''""^"^ ^- ^-^trowbnd.e To;. ;^' -"^^^^ 'y ^"'"^ "^'the sa"d a "o ptT'""'*^^^^^ -^' '^e second {op.delorcoustructin:.anavi,rabp,' V^^^ entitled an act Lako Outario. Tho (xoverno fc , e^^ '>^^-^-n 1^-lingion Havl ty. innn time to time to nominal '.^'^■'"''^ ^^" P^^^'" ^nd auih ,r . »"per.ntend. contract 'for. and ^rec h^T"" 'V""'' ^^--"-ssio" "J otherwisoto act in compliance vv,)?n ^ '"^ Performance thereof and act. AXD VVlii^ilE.V^rv v-ir of V'''"^"^^ ^'ipulations of!: «' j e- were duly appointed. andVu " ^ u c^"!^^' ^f ^:"^ Comn.sst ' the , a„ section, dnnension. and cons '^^^ T\ ^''^'^'S'^'^n. «elf,n^r f„r,h Keen .f^^^^.^^'- «■ ^^-wbru :r Jo ry'^'' ^^^"'^ ^^^uJ l^een, the parties of the second ,.»rr» '^- ^^''^^'es and John -lar fin,s , and complete the said C in^l ' 'r^^ '^'"""^ ^'^ <^""'^'^-t. under-akc ready made kno.vn by tht^ lid o nm." ^'"^'"^ '^ ^^^ P^«PO«als or enL al' hereunto annexed, NJW V,US^^^;;;i^f\''^ T"'^^ spocifica onl the sa,d James G. Strovvbrid^e John V7 .r ^"^ f ITXESSI^th tha and m consideration of the a'» of the (lis- y virtue of our Jiover- trowbridire, the second ed an act ton Hay »fc, atlininisier- n«J auihori- ssioners to «i"eof, and >f llie said •miiiission- ■I'ln^r forth required, ohn .iac- I'ldonakc, ■ terms al- ^ifications •yn that ^een, tor -'■einaftor sec u tors, iiiid with in Cijis- <^e, that iicKoen, hail and Icte the "lanent, aterials, ■awiniTss, in the 'It, the Jntract. stiatorg Clark, son, in leir or them, squire, ripiion of the 31 said Canal and no farther r..];, claim, or expect of and fron, tne .aui Thrm- as lark Jan.es (rook.. iMa.uK-l Overhcld. William ( h,.holm and JoSi \V.lson. Commissioners, any support, materials, labour, or advances other than as stipulated and hereinafter recited AND A I SO il,.. c.:.t t G..trowbrid.e, .ohn VV. Haves, and John M^keen^ c'l o t '^^^^^^^^ 9a,d (or themselves the.r heirs, executors, and adnnnistrator . do and nlrk .r'r'^"''\?'""r'/"^ '^-''^ toand^vith the said J hom", Clark James Crooks, Manuel Overfield, William Chisholm, and John WiN John W. II yes. and John Mackorn, the parlies of the second part o^ someone ol them, shall and will, from time to time, as the sad works or Canal shall progressively advance, give due personal attenance to te cor- rect performance thereof, to the ample satisfaction of the said Thomas CJark, James Crooks. Manuel Overtield. William Chisholm and John Wh! son. Commissioners, as aforesaid, and their Engineer, Francis Hall, Esquire or such other person as saul Commissioners may appoint, which woTso; Canal hereby contracted for, shall and are hereby required to be executed constructed ami im.shed a.al in every respect rendered navigabfe^nd per! lect on or before .he hrst day of October, which will be in the year of our Lord one thousand eight hundred and twenty-five ; and in case the said Canal or works forming the same, after passing he inspect on and oT'fi'11 ;^,^„^P^>7,^;«»-V^'^^^^^''^'^""^« Clirk, James CroS rmel .^ Tfan F n "^ ''"^,"''V'"^ •'"'" ^'•'^""- ^-^-issioners. and F n- ,b,I h 1 ^""T"-' "" * "'>"' P"'"'"'^"^^'^ ^^'^ Commi..ionersnu,v appoint shall be damaged.injured.or in any wise deteriorated by any unfores erflvent or casual accident, which cannot be attributed to defect^ of ok or kd n construction, the damage so sustained as aforesaid, shall not be sn ained by he sa.d lames G. Strowbridge, John V\ . Hayes and John A Keen as t IS the intention true intent, and meaning hereof, that they are only li' able or responsible tor the work while in prciress and afi r tbl / . axi/fu^t^fp- i^"'^^^"r^' -^"^ wJrk.^a:^ike^con:!;;L:!:s^ 11. ^'7^ "'''^V"^*'"''^'"'^"^*" of which, said work, materials and ubour so to be made, constructed, erected, provided, found and f^ iXd as aforesaid and they; the said Thomas Clark. James Cro^t la uel Overhe d. Wilham Ch.sholm, and John Wilson, Commissioner r^thm s^^lf. I O I H covenant promise and agree to and with the said James G fetrovvbridge. John W. Hayes and John MacKeen. their executors aT'led: nnnis rators, and to and with every of them, by these presents that is to a""'/rV ' ''V:''r'' ^^'-J^- J-n- '^ rooks. Manu O e held VV.Iham Clusholm_ and John Wilson. Commissioners, their successors in effice. shall and will well and truly payor cause to be paid to the sa S James G. Strowbr.dge. John W. Hayes, and John MacKeen. the r execu- tors, admmi.trators or assigns, the sum of eight thousand fi e huS pounds, of lawful money of Upper Canada, subject always to any d"minu. .on or extension of the work proportionally agreeable to said spedficat oa progre s and advancement of the works. FURTi'eK, that the? he and John Wilson, CummH.iuuers, as afoi'^said. or their .si^ccessor;; in d u f I a c a .1 II fi a H f 32 lico, or aome one of thorn shall a? the commpnrpmrnt of fho worl<« n.. . tn.vvhrici^TH, johi, . .a\. - ,J ...,hi. ,c Keen Contractors, thcsum of one thousand pountis Inwiul ,„onfv of IJi-ix-r J^anada, to onable them, frotn lime to rinie, to colU-ct niatf riuls'cmplov la- bcurers, urfihcer>, and other workmen, thev ihc- said ('„nlsacf..rs lindnig ad.'.-quato and ample soourity f-.r ihe a.lvanco so made, a/.d that the futme •nstalmonts or proirrossive paynuM.is .jret than mys.-if, the difTiculties that have arisen m prosecutmjrthe vvurlc at this place, and that my -.tlairs concerning this woik, yet remain in an unsettled etate. I do not con eive it necessary at this lime to enter into a detail of my claims, but to state to you that the proposition made to his Mxcellency to accom,,lish a general seliiement. I hope may be carried into eflect ai.cl irom your communication. I am convinced that it is the wish of government that my concerns with this uork should be honorably and fairly adiusud Ihe amount of Mr. Barrte's report last tall is £1213 P 6. and the amount o( my expenditures since up to .31st December, l{j27 is i:4(r, ] 1 1 10|. making in all JJ HiJ().'3 1 ;3.V, and the whole ani.Mint received is £99VS n.'nchiding the £.^000 loaned from Government last winter.consequent- y 1 have involved myself in debt m pio.seculiiig the work whi<-h I am una- ble to pay without further assistance from Ciovernnient. 1 have received IT^o! 'n^^^^^'"''"^^'^ ';^ Government last winter, from the Commissioners ^1 J.» 7^, part of which was said to be paid on the report of Mr Har- ris as Lngineer, how far that gentleman did me justice I am unable to say, as I have never seen his report. The difficiilty of making out reports by different Fnijineers, and at differ- ent times.and such a length of tmie between, while the work is progressing IS very obvious, as n is difficult fur them to know uhat part of the wo.k has been taken into consideration. As it is not compatible with his Kx- ce llency to have a general estimate made of th« work as proposed by me ». the Memorial winch Uiad the honor t, lay before him fit not being cons,ster=t with the late act,) 1 have tjierefore to request not only for my owS relief, but for the relief of many others in this section of the Province who are deeply interested, that have rendered me every assistance in the progress of the work, that his Kxcellency the Lieut. Governor «iU lay the whol« matter before the Legislature. I have the honor to be, »ir, Your Ob't &. humble servant, * (Signed.) JAMES G. STROWBRIDGE Major Hillier, secretary } to Gay. IJ, (;_ ^q } p "^▼1 31 CERTIFICATES of Coptahf 0/ rfssc/s. r/.t in the xnexpefliency of the plan j.iru^untia oij Mifisis. Muort vV» MuciutL'urt. [No. 1.] THIS may certify that in the opinion of the subscriber the plan of the pirrs as t'xhiln ed on a niaj) 01 tliail madt Ity Mrs^is. Moore and Maciag- gait, and n(nv in the possesion of Mr J^trowbridge, ia badly calcolaied, as ^eil loi facihly and ease of entr.jnce to vessels, as for perinitiina the sand vbichifis nuiiiraUlioiild lii'di-posiifd at the nioutJi of the Canal, to he WMshed away by the current which i=t always created at this place from North to South, by .m easterly wind, in consequence of the too areat ex- tension of the iioulh pier. " IIIHAM nrCUNIN. Mister of bckr. A.ijt. ClU^. Burlui^ton Beach, May 2Ut, 1827. L^o. 2.] THIS is to certify thnt 1 have this day been recpie.ifed by the Contractor of the Burlin;iton ('anal to exainiue Messrs. Mooie «fe i/Uu tagjj:art's pian of the proposed alterations in the construction of that work, dated tith April, U!27. I am decidedly of opinion that should those alieralitMis be ctfected, asspecillcd in the plan, it will be dangerous and improper for any tessel to run for tiie harbor with an ea.-^terly yule, whi<;h are the only wii.ds in which a good vessel cannot keep ott' the shore, the utility of the Huriing- ton Canal, as a place of refuge in stormy weather, will be destroyed and I have no hesitation in saying that even in its present untinished state it has saved much public property and many hves. THOP, OWSTON, Mutter Schooner Minerva. Burlington, May 21 st, 1827. [No. 3] TTTTS may certifv that T hnve this day been requested by the Contract- or of the liurlington r'anal to examine Messrs. Moore &. Mactaggart's plan of the proposed altc ration in the construction of that work, a^tul to give my <»pinion in regard to the same, and I am fully confident,' should SI rh alteration be.sfrictly adhered to, that the u.se of the harbour in tho tirrte of heavy easterly winds, would altogether be destroyed thereby and that no vessel in such weather cun enter the harbour without incur- ring the greatest risk of property and the lives of individuals. (lEORCE ROSS. „ ,. Master of the Schr. Eclipse. Bvriivcrtnn Conal, ^ May 22ci, 1827. "vr^~- of the plan plan of tht n«J iVla( lag- Iciilatt'd, as u(' tlie vi\ui\ anal, to \)e place from J great tx- T jt. ClUz. Contractor j[jj:art's p!an dated Gih iralions be •er for any only wiiids he Burinig- )yed and I state it has Minerva. 35 [No. 4 ] 1. thenndprMsnpd. having been master of5«cvrral vr^nr^h on T,a1(f Onfa- ri.». whuh have frc(|neniiv hvvu laying at anchor ai ih. hcud oMhc Lake in heavy gales, do certify rha» I have this daye.N i.in»'d a plan of the conn-le- tion ol the Hurl. Canal, as drawn liy Messrs ^i<,<.r( tV .^ aeingaarl &• an. de- cidedly of an opini(,n that if iheir plan is adopted it will he almusi iinpoi^^l.le forvessel>5 1(. enter the Canal in heavy gales wiihoit the grejiirst risk —I am satisHed with the plan which is now j.nrsurd, and I ilm.k that if th« sonih pier, if not rnn in a n.ore m.rtht riy direetinn. v\i|| not ohsirnct tho enlianceof the Canal ; but if sufl'eied to an-rU a<:ross before the month of the channel as proposed in fhe alv-ve mnitionc d plan, the ulject for whick the Burlington Canal was intended would be quite destroyed. liurJiniiton Cnnal, Mg. Utk, Iti27. GEO. SMITH. [No. 5] Having examined the plan proposed bv Messrs. Moore A: Macfarrgart for the construction of the piers at the entrance of the harbor at linHingl ton |:ay. I do not hesitate to state, that in my opinion, if ti),> said plan be adopted, it will he almost impossible for verisels to enter in heavy gales from the l^^ast, or North i:ast, which is the time the harbor is most wanted to- tin safety of vessels. Having frequently entered the Bnrlii.crton Canal I readily give it as my opinion that if tJie present plan is pnrJIied. and ih« direr-tinnof thr piers not altered there will not be the least difficulty in making the harbour at all limes, and in the worst of weather. BitrJincrton Canal, Aug m, 1827. JOHN CA!\IPBEIX. Master of the Scr. Catherine. Contrart- actaggart'g )rk, and to nt, should our in the thereby — out incui- OSS. r. Eclipsr. [No. 6.] We the undersigned, are of an opinion that if Mr. Mactagaart'g plan of the completion of the South pier, in Lake Ontario, be adopted it will de- stroy the entrance of the Canal in bad easterly weather, as we feel eonfi- dent that it will lead the channel too near the Beach, so that vessels will be obliged to anchor and beat off and on as they ^have formerly d.me. raiher !'"liV *"^ '"'^s "^ ''VPS and proper! V in an llasferly jrale ; the entrance %v! I „o sn narrf>w that thcic wiilbe no possibiliiy oYx/etting in the Canal only in moderate weather. We -lo approve of havinnrthfi ??onth pier rxtonded conqideraMy further m a direction towards the comer «>i »h« hieak-water or thereabouts. VV« iu-^1 3Q have 1,f en f ra^in? nhnnt th^ hoid of the I,nk« .ino^ Ihr r«nal wa« onrn^d an.U.ave oIksct^.m! vmiI, sfrul an..ni,o.. ih,, Mh-rt ol' i|„. lu.avv | ,.„,,|f ■easanh«pierlinadsan(ithoiurnofi|.ochaiim.'l urcasioncd hv the i,n / ent sii.uuinn of iho piors. We venture t., say (hat if .he f^onth nirr lie r«iM.,,,iasm. havohHr,.;,bovf.montioneJ,vPssHs may n.ter iho Can.-.l ,« EDWAIU) IJIALAND. .]A/s« AVILIJAM KENT. Master Gen. Urock. June i)ih, lt)27. I DANIEL TAMPRRrj., Matter Mohawk Chief. [No. 7.] I have examined the plan of Moore ."(^ Macfajgart of fho improvPmpnt at 1-urhnyton (ieach. 1 bd.eve if the Canal sh.M.ld he contracted as m.uh at the outer extremity as the draft represents it, it would he a d.fllcult and I dangerous harbour to et.fer in stormy weather : but few vessels would steer quick enouirh to hit the entrance ; flyino in before a rouyh sea.a slight shear tvould be tatal to her 1 have been through the Canal with a vessel of ten and a half feet draft of water. I have examined it thoroughly and am conhdentd the piers were widen, d as they extend farther, it would add much safety to the entrance when sailors most want to make a harbour August 28lh, 1827, ROBERT IJUGIUM. ERRATUM. Page 13, at the top, omit (Document No. 4 .^