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CIIAMrLAlN AND ST I.AWRKNrn RAILROAD COMl'ANy, FOR TIIF, RHJIIT TO BRIUGE THE NAVKiABLE WATERS OF LAKE CHAMPLAIN AND RIVER lilCIIELIKTT. ni'TWEI-.N ROUtSF'S I OINT AND ls],E AUX NOIX, ANDTO HLir.D A HAIEROAD FROMTIIEPAID * hkid(;e, t)\ the east side of the river RKJHEEIEU. 'JO 'J'HE PROVINCE EINE. T K O N T O : HUGH SCOIWK, KINO STliEET KAST, 1 b j I T STATEMENT OF FACTS LAID BKFORK THE RAILROAD COMMITTEE OF THE LEGISLATIVE ASSEMBLY OF THE PROVINCE OF CANADA. TWO QUESTIONS EMBRACE THE WHOLE SUBJECT, VIZ., For whom and for what purpose is this grant required ? What are the objections to making such grant ? The fact is established upon the most unquestion- able testimony that the Champlain and St. Lawrence Railroad Co. and the Ogdensburgh, Rouse's Point and Boston Railroad Co., in respect to this project, as well as in the pursuit of business generally, form one and the same interest. An attempt has recently been made to present them as rival and conflicting interests before the Canadian Legislature. If any additional evidence beyond the similarity and har- mony of testimony, and concert in action by these several Companies before the Legislatures of Ver- mont and New York, be re(iuired in proof of their oneness of interest, it is found in the fact that the largest and most influential stockholder or stock con- troller in the Champlain and St. Lawrence Railroad Co., and the controlling and influential Director, as well as originator of the Ogdensburgh and Rouse's Point Railroad, and the manager and commanding officer of the Hog's Island, Northiield and Boston Railroad, or the Vermont Central Railroad, are to all intents and purposes, one and the same person. 4 A ■ •>■ ' r - / \ -1 He represents a few heavy Boston railway operators, some of whom have made large speculations out of some of these roads, while not one of the small coun- try stockholders have been exempt from loss, and hundreds have been ruined. It is the object of this combined railway interest to destroy, if possible, that valuable competition which now exists between the land and water routes for freight from the Upper Lakes, the Canadian Rivers and Canals, and the different railways between the Interior *and the Sea- board. Before other Legislatures, the policy of this railway interest has been openly avowed. It is to intercept the commerce of the St. Lawrence above the St. Lawrence Canals at Ogdensburgh, and monopolize also, as much as possible, the carrying trade of the Richelieu and Lake Champlain, to the serious injury, not only of the public works of Ca- nada, but also of a large number of vessels and people now employed in doing business on the waters of the St. Lawrence, Ottawa, Richelieu and Champlain. if any doubt exists upon this point, reference may be had to the testimony of the President and Engi- neer of the Ogdensburgh Railroad— the Engineer of the Vermont Central — the Vice-President and Engi- neer of the Champlain and St. Lawrence Railroad, and others connected with these lines, given before the Legislatures of Vermont and Nev/ York, where for sevm-al years in succession their unreasonable demands have been disallowed. Their evidence and operations have been the same in import, substance and design. With such objects in view, it seems strange that such extraordinary claims or demands should be made upon a Canadian Parliament, after 12,000,000 dollars, or upwards, have been expended to improve the navigation of this great natural com- mercial highway of the continent. A reference to the exjiort and import trade by the River Richelieu and Lake Champlain, shows a large and growing commerce, that will contribute to the perators, ls out of tail coun- oss, and ;t of this ible, that nreen the le Upper and the the Sea- zj of this It is to ce above gh, and carrying 1, to the s of Ca- nd people ers of the iplain. ence may nd Engi- gineer of Lnd Engi- Kaih'oad, en before rk, where easonable Icnce and substance it seems demands 3nt, after expended ural com- le by the vs a large ito to the o revenues of the great public works and afford employ- ment to a considerable number of vessels and men, who only ask to be left to a free and uninterrupted competition, upon fair and equal terms, lor the car- rying trade. The price of freight from New York to Montreal and Quebec would be greatly enhanced by a tranship- ment at Rouse's Point instead of St. John's, as it would be subject to an additional railroad freight of 23 miles against cheap water carriage. If unob- structed by a bridge, vessels from New York will, as heretofore, carry freight to St. John's for the same price they do to Rouse's Point or Burlington. It should be borne in mind that the Champlain and St. Lawrence Railroad Oo. charge, for conveying freight a distance of about 25 miles, about two-thirds as much as other conveyances charge for 375 miles, including Hudson River towage, Whitehall Canal tolls, &c., &c. The price of freight on the Champ- lain and St. Lawrence Railroad is at least sufficiently high to cause large quantities of merchandise and produce to go via Chambly Canal and Sorel, a dis- tance of 102 miles, instead of the shorter route of 25 miles, to Montreal. Statemtnt showing the amount of increase of business between the Port of St. Johns and Lake Champlain. VESSELS. TONNAGE. 1848 884 157,059 1849 'i073 -208,383 1850 2992 509,927 VALUE OF IMPORTS AND EXPORTS. 1848 $1,757,606 1849 2,665,461 1850 4,188,031 1850. Imoorts $2,159,989 Exports 2,028,04-> $4,188,031 SAWED LUMBER. 18^18 9,000,000 feet. 181') 13,000,000 '< 1850 39,712,636 " T I 6 SftlARE TIMBER. ji%47 310,000 cubic feel. cTo 750,000 " 849 1,250,000 '« 1850 1.9^4,000 « 1850. Total Lumber Exports ^^'^^?'??? flf * Ashes 14'^^-^ ^^'^• Flo„7 83,071 « r:.-n 679,802bush. It is estimated by those whose experience and knowledge in such matters entitle them to considera- tion, that vessels and rafts towed by steamers, will be greatly inconvenienced in passing any draw-bridge, however well built. Every raft of timber, of the size of 100,000 cubic feet, will be subject to an expense of at least 100 dollars, for separating and replacing the cribs, besides risk. The value of a large steamer is about 6 dollars per hour, and delay is costly. Often these steamers have ten, and a dozen vessels in toAv. This would require a detention of between ^ three and four hours, allowing seventeen and a half minutes for each vessel, which, per returns, is the average time required at the Troy draw-bridge, which was erected by the skilful engineer of the West Philadel- phia Railroad. All reliable evidence goes to show that any bridge would be an obstruction. If a partial obstruction be permitted, none can question the right of an entire closing of the navigable channel by the same power. The New York Legislature has refused to allow the Railroad Company to interfere with the channel, but permits it to build piers to the channel only. The State of Vermont has not even gone so far as that, and it is yet matter of doubt whether that Legislature will confer any new powers upon a Corporation that has perverted and abused powers heretofore confered. Reference is here made to its disregard of the vote of that Legislature against bridging Missisquoi Bay ; and the location of that Railway in a manner wholly uusuited to the purpose contemplated by the Legislature, which facts are on ic feel. <( 38 feet. )3 bbls. n « 12 bush. nee and )nsidera- 3, will be v^-bridge, F the size expense •eplacing I steamer . Often in tOAv. en three [ minutes average tiich was Philadel- to show a partial the right el by the IS refused with the 3 channel II gone so t whether s upon a d powers ,de to its ; against 1 of that 3 purpose ts are on record in the State of Vermont. In the case of the Wheeling Bridge, over the Ohio River, the United Stat3S Supreme Court have recently decided that the said bridge being a partial obstruction to the naviga- tion, under the jurisdiction of the General Govern- ment, must be removed. If the General Government of the United States guard so carefully the waters separating States, how much more carefully may they be supposed to guard from obstruction public waters forming an important international navigation. The interests of these several Railway Companies being beyond question identically the same, it is difficult to understand their purpose in asking of the Canadian Legislature also the right of bridging the Richelieu, or building long piers into the same, as a substitute for bridging, if it be not to procure from the Cana- dian Government an unguarded and hasty assent to any obstruction, however slight, that may be commit- ted under the New York State charter^ The Cana- dian and American Governments may yet deem it necessary to enquire how far the navigation of these public international waters, in the commerce of which many British- Canadian and American navigators and vessels are employed, has been impaired. That pri- vilege should not be too hastily surrendered. (See testimony of Capt. La Rochclle, p. 17.) If the American Legislature and Government will not authorise any obstruction to be placed upon their navigable waters, in which the commerce of both countries has a deep interest, and if they are disposed to respect the rights of British subjects in the use of those waters, surely there can be no good reason for Canada to authorise any obstruction to such commer- cial channels of inter-communication. If, likewise, the recent grant of the New York Legislature shall have been found to answer the purposes of both navi- gation and railway interest fairly, ought not that concession of the New York Legislature, which the Champlain and St. Lawrence Railroad Co. did much T' 8 to procure suffice. The evidence of the Vice Presi- dent and Superintendent of the Ciiamplain and St. Lawrence Railroad Co. before the New York Senate Committee, designates House's Point as the most convenient and proper place for crossing. If allowed to cross there, why are similar powers asked for another locality ? Assuming that the charter just obtained goes in force, and that Vermont makes a similar grant, each State securing an uninterrupted channel of 250 feet, equal to a clear channel of 500 feet ; it is difficult to conceive any good and suffi- cient reason for acquiring additional rights on this side of the Province Line, for the use of the Champ- lain and St. Lawrence Railroad Co., after the same company has selected Rouse's Point (see testimony of Messrs. Campbell before Vermont Legislature, Brewster and Brainerd before the New York Com- mittee) and have located and built their road to Rouse's Point, and have purchased and are erect- ing extensive wharves and other property at Rouse's Point, unless it be to operate upon the American Legislatures, and thereby obtain powers they will never confer so long as good faith in the observance of treaty stipulations is exercised and maintained on the part of Canada. The following extract fi'om a letter written by a member of the New- York Senate, to a gentleman in Canada, will exhibit the means resorted to in obtaining that concession. — Dated Senate Chamber, Albany, 27th June. *^The friends of the bridge assert here, unqualifiedly, that unless we pass the bill in New York Legislature, a bridge will be built on the Canadian side, and they have the copy of a bill, which, they say, has passed its second reading in Parliament, and that the second reading in the Canadian Parliament insures the pas- sage of a bill. Is this true ? We are so informed \^y jvir. , a Director in the Champlain and St. Lawrence Railroad Company, ' who has been here.' " ^- ) Presi- and St. : Senate be most allowed iked for :ter just iiakes a errupted [ of 500 nd suffi- on this Champ- lie same jstimony jislature, rk Com- road to •e erect- >erty at ipon the Li powers th in the ised and following the New 11 exhibit ession. — It is evident from all the facts produced that this grant is not required by any considerable portion of the community, but for a 'certain Railway interest that will be benefitted thereby, just so far as the pre- sent competition between land and water carriage can be destroyed. It is equally true that the great commercial inter- ests of two friendly countries are opposed to this project — that the testimony of practical men has been recorded against it — that the spirit if not the letter of treaty stipulations forbid it ; and it is hoped that by a prompt and decisive refusal to comply with the extraordinary demand that has been made, any fur- ther misapprehension in other Legislatures as to the opinion of the Canadian Parliament upon this subject may be prevented. lalifiedly, ^islature, and they .s passed tie second the pas- informed n and St. las been EVIDENCE. Mr. Chandler, President Ogdensbiirgh Railroad Co., betoro Vermont Legislatm^e, duly sworn, says that several attempts liave been made to obtain bridge charter from New York Legislature, but without success. Thinks freight would not go by vessels past Rouse's Point, if Lake is bridged. jj^^ Henry R. Camtbell, Engineer of Vermont Central Raih-oad Co., before the Vermont Legisla- ture, October, 1850, duly sworn, says : — :Mf" I have IkkI t.alk with Directors of the Chaniplain aTid St. Lawrence Railroad Co. about a bridge in Canada. Also, ■fM" li w our iniiyose to ask for a bridge north of the Province Line, and 1 am in favour of it. ^^«r* If f could have my ivay I ivould have a bridf/e at loth placts. Thinks a charter can be ob- tained in Canada. B. BRirA\sTER, Vice-President Chaniplain and St. LaAvronce Railroal Co., f-aith that from his know- ledge of th'j country, its climate, .tnd the feaslhiiity and the expense of the -project, that a ship canal fioni the River 8t. Lawreiice to any point south of St. John's, will iicvei" be luiilt. Tliat the ])ro]iosed dra\Y bridge at Rouse's Point will not be a greater obf-*ruction to the navigation of the lake and riv-r than tho dnnv bridge at Beloeil, the locks on tlie Canal, Yowle's and Jonc's bridge, and that it is ])erfeotly easy lo tow up the same cribs to Rouse'« point before putting them together ior their passage down ll'.e lake, and that in his opinion the obstruction to timi;cr -'avigation would be very pmall cnnparcd posed bridge. ^h tVe public benelit of th« pro- ih Railroad sworn, says btain bridge but without vessels past of Vermont fnt Legisla- ors of the uo. about a ridgo north * of it. ould have a can be ob- (lain and St. I his know- 10 feaslhUity L ship canal >int south of ruse's Point lavijij.'ition of ! Jit Beloeil, no's bridge, ic same cribs toGfcther ior 1 • • • I his opnuon mid bo very !)f th.tt iiro- 11 That the draw bridge for winter connexion with the east, southern, and western roads is absolutely necessary, and if it is not built in the states, such a bridffe w^ill be built on this side of the line. Alexander H. Brain ard, sworn. — (Of Laprarie, Canada East,) says, that he was an Engineer of the St. Lawrence and Champiain Railroad, caused to be filed a map of location as required by the charter, with one line located north of the Province Line, with a view to the construction of a draw bridge at that point, in the event it might become necessary hy a refusal to jjermit one to he constructed at the House's Point, and he believes that a charter for a draw^bridge north of the Province Line, would be granted by the Provincial Government, but a connexion at Rouse's Point is the most proper. Col. Schlatter, Supt. of Ogdcnsburgh Railroad Co. — Thinks in the winter especially, a bridge would be of great importance to the business that comes to Rouse's Point. Cross-examined. — Has no experience in navigation; has never seen vessels pass through a draw such as is proposed to be constructed at Rouse's Point. Henry Brayton, — These Canada vessels do bus- iness cheaper than the A'nerican vessels can do it. The ste aner Adventure has, within a few days, been injured at the Beloeil Bridge. Her smoke pipe and pilot house and mast were carried away by the bridge, and her anchor was broken. In going down stream with a tow. it is necessary to round to, and drop down stern foremost, with a line.' ashore, and sometimes an anchor is used ; this rounding to is made necessary bv the current. The steamer Vulcan also received injuries. C. S. Peirce. — In moving timber, the entire raft is put together in an average length of 1,200 feet and 70 feet wide, at tlie tcnnination of the Chambly Canal at St. Johns. 12 When they put the raft together in the canal basin, they are put together three cribs wide, 69 feet ; when above, they are sometimes three and sometimes four cribs wide : as generally four as three cribs. The rafts of three cribs wide are about 1,200 feet long : if four, about 900 feet long. The effect of the bridge has been to increase the cost and risk in moving timber $100 raft besides risk. The navigators used to assume the risk of injury: now it has to be taken by the owners. 'Ihe raft would have to be broken up, and it would be done at a cost of at least one mill per cubic foot : $100 per 100,000 feet ; besides the risk which witness cannot estimate. There is now a large quantity of sawed lumber brought t.ii the St. Johns Railroad to St. Johns ; about one-fourth shipped at St. Johns, is this year brought over that Railroad : last year the proportion was greater. The witness thinks the expense of passing the draw at Beloeil, is less than tliat which would be incured at the proposed bridge at Rouse's Point, and the risk would be much greater at Rouse's Point. In tl'.e o})inion of the witness, the construction of the proposed bridgo would add to the cost of trans- portation on the lake, and would add one cent a barrel for insurance on flour. The bridge at Rouse's Point would be a greater iniurv to the cfcneral trade than the one at Beloeil. The risk of passing the proposed bridge, would be much greater than at 1-oloeil. Capt. Mattocks, British schooner Forwarder, 200 tons, captain since 18.33. — In moderate winds, the vessel can be steered «piite steady, but in high winds, blowing fresh and squally, with two men at the wheel, she will vary sometimes four times her length. A vessel loaded deep, in winds blowing fresh, is apt to breach to, and vary very much from its course, when it is perfectly safe navi'rntin'^ wide water. mal basin, feet ; when itimes four •ibs. The et long : if crease the ;sides risk, of injury: id it would ;ubic foot : ich witness ed lumber :^t. Johns ; s this year proportion ig the draw be incured nd the risk truction of 3t of trans- 3ne cent a a greater at Beloeil. , would be mrder, 200 winds, tlie ligh winds, , the wheel, [cngth. A J, is ant to urse^ when 13 Thinks that a bridge would detain his vessels three voyages in a season ; has weighed the subject fully, and is confident that he does not overrate the injuri- ous effect of the bridge. Would rather be taxed one hundred dollars a year, while he runs a vessel, as he does now, than have any bridge constructed at Rouse's Point, however well it might be made, and whatever means were resorted to, to make it safe and convenient ; thinks a bridge would add to the hazard of navigation, besides delaying. Thinks that up to the 20th Juno, and after the 20th September, there would be times when his vessel could not be warped through a bridge, when, if there was no bridge, she would go on safely. Capt. E. P. CiiAMBERLiN, U. S. sloop Henrif Clay, 140 tons. — Has seen the ])lan of the proposed bridge and had it cxj)lained ; thinks that the bridge would liave the effect of stopping the navigation for sail craft altogetlier ; in coming up to the brivlge in a head wind it would be necessary to warp through, which might take two or three hours. Can beat in narrow water better than in wide water, as there is loss sea in the narrow than in the wide ; if the bridge was open with a west wind it would bo necessary to take in sail ; if there was a bridge, should expect to haul up to the fender posts, and by the use of lines, warp the vsssel throunh ; the bridu't* on Chamidaiu River hinders a vessel from half an hour to an hour in [)assmg. It is just as safe to go to St. Johns from Plattsburg, in a dark night, as it is to go to Wliitdiall. U. S. Customs OlHcer, Rouse's Point. — From Saturday tlie sixth of the month, 3 P. ^I., to ^londay the 8th, about tliirty-six hours, cleared twenty-four sail vessels, and four steamers ; during the same time, there were three or four sail vessels entered in Ver- mont, (making nearly one vessel for every 30 minutes of day time, going South from St. Johns.) A. MoCKRiDGE. — Tiiinks a vessel could get 3 14 tliroiiyli ; there are times when vessels could navigate if the'i-e was no bridge ; that they could not if there was a bridge. With a strong north-west or quarter- inn- wind, it would be very difficult to pass with a tow, as the tow would blow far off to the leeward, and it would be necessary to break it up and pass it one vessel at a time. To break up a tow of eight boats, and pass it one vessel at a time, and make it up again, would require, in a hard side wind, from six to twenty-four hours ; the prevailing winds from the upper end of the lake, would be partly side winds ; thinks that up to the 1st June, one-half of the tows would have to be broken up ; thinks for one-half of the season through, one-half of the tows would have to be broken up. Capt. Hiram Ferres, sworn. — Lives at Chazy, Clinton County, State of New York ; has been navigating Lake Champlain for most of the time for fifty years. Thinks the Bridge would be a great detriment to sail vessels ; more so than to steamboats. Thinks, that in any thing of a breeze of wind, it would be difMcult to pass the bridge v.dth sails up. Has towed large rafts and vessels. A steamer with a tow, with the least side wind, would drift the tow on to the pier ; unless the tow is broken up, and passed one or two of a time. Thinks that the bridge , if made , would lead to the loss of more or less pro[>erty on the water, though it was made as safe as could be, and though the navigation was conducted with caro and prudence. Should not risk going through in side winds, when if there was no bridge, could pass ; and though a raft might be ma/ of lumber in them— from four to six cribs abreast VVitli a raft made up narrow enough to pass the bridge, such would be its length, that in comiiiou weather, not one time in fifty but that its swmgnig would hit the pier ; before a litird wind a raft will crook up and cannot be kept straight, though it may be sate to navigate with one in such times ; must have halt a mile to handle a raft in. A long tow of vessels is worse than a raft, as the vessels swing more than rafts, and going before the wind it would be very difficult to manage them through the bridge ; thinks that two-thirds of the vessels that trade with Canada are towed up to the lake by steamers. There are four steamers used for towhig and freight, besides, perhaps, a dozen small Canada steamboats engaged in towing and some propellers from Chicago. Oscar F. Blount, sworn.— Flour and Wheat can be carried to the shores of Lake Champlain cheaper (wheat 10 cents a bushel) by the Canada Canals than by way, of Albany (flour 15 cents a barrel ) Henry Smawley, sivorw.— Lives at Troy ; is ac- quainted with the drawbridge at Troy; makes it difficult to get through ; has seen vessels foul of the bridge going both ways. Joseph La Rociielle, of the Township of Stan- bridge, County of Missisquoi, Captain of British schooner ^wn, duly sworn, declares that the draw- brid<^e over Missis(pioi Bay, erected between House s Point and Hog's Island, by the Vermont Central or Vermont and Canada llailroad Co. is a great ob- struction and injury to navigators, and that m conse- B 18 quence of that obstruction and delay, he has already lost at least Fifty Pounds, or Two Hundred Dollars to this date. A bridge over the Richelieu, above St. Johns, will prove dangerous to vessels and naviga- tors, no matter how well protected. Nothing but extra anchors and cables has saved my vessel from being driven by wind on the bridge. The same risk will be occasioned on the Richelieu if bridged by the Champlain and St. Lawrence Railroad Co. I LS already d Dollars , above St. id naviga- thing but 3ssel from same risk jed by the EXTRACTS FROM REPORTS OF SENATORS GEDDES, DART AND OWEN. Senator Geddes, of New York, who had formerly fa- voured the bridge project, after devoting several weeks to the examination of the subject, reports as follows : — " That in obedience to the resolution of the New York Senate, the Committee visited Rouse's Point, and took such testimony as was offered by the North- ern Railroad Co., and by persons opposed to the erection of the bridge. The first session for taking testimony, was held on the 12th day of July, previous to which the localities had been examined by the committee with great care. '' From Montreal^ by means of improvements made by Canada around the rapids of the St. Lawrence, there is an unbroken navigation to Lake Ontario. By means of the Welland Canal, that navigation is continued to Erie and the Upper Lakes : so that a vessel of not over one hundred and twenty feet length, and twenty-four feet beam, may load at Chi- cago and unload at Whitehall. In fact this naviga- tion is now used very extensively by the people of Vermont, to supply themselves with grain and flour irom the grain growing States of the West ; and to bring their salt by way of the Gulf of St. Lawrence, from the Salt Islands. *' Formerly, lumber in large quantities was export- ed from this State to Canada ; but of late years, the course of trade has been the other way — and now we import. Lumber comes up by way of Sorel, from 100 miles below Quebec, and finds its market in New York. *' From returns, it is shown that the business is increasing at a rate hardly paralleled any where. To 20 give a more practical view of the business clone on this lake, it may be proper to state, that in passing from Whitehall to St. Johns, one hundred and ninety trading vessels, besides steamers, were counted. ** There are upon this lake many first class steamers, whose elegance and good management, is not sur- passed, engaged in transporting the large numbers of persons who seek this thoroughfare on business and pleasure. Timber is towed in large rafts by a smaller class of steam vessels. " At Rouso's Point, and for a distance above and below that place, the shores are low, and rise from the water with so small an angle as to be scarcely perceptible. '* liy reference to testimony, it will be seen that flour is carried from Detroit by water to any place on Lake Champlain for fifty cents a barrel, and wheat for sixteen cents a bushel. " The great objection to allowing the construction of the jDroposed bridge, is the efiect it would have upon the navigation of the lake. To the examination of this question, the labours of the committee were principally confined. A large number of witnesses were examined by us, who were men of skill and great experience. Some of them had navigated these waters lor fifty years. It is Avorthy of remark, that every witness who spoke to the point, was of the oi)inion that the bridge would injuriously afioct the navigation to some extent. The precise efiect can only be known by experiment. The present mode of steamers towing large numbers of vessels and barges, and wide rafts of timber, would not be admissible with a bridge. Some losses of vessels would proba- bly occur against the bridge. It would not be possible so to judge of the winds and waves as for every vessel to go safely through, however well managed. " Ihe effect upon vessels passing between narrow shores, and through bridges and between walls, may s done on in passing and ninety inted. ! steamers, is not sur- lumbers of siness and J a smaller above and rise from e scarcely seen that y place on and wheat instruction have upon lination of ittee were witnesses I and areat ited these nark, that ^as of the affect the effect can ut mode of nd barges, idmissible uld proba- :1 not be ives as for ever well en narrow 'alls, may 21 be learned by comparing the rates of insurance on the canals with the rates on the great lakes. Such a comparison will show that the hazards to property on canals are at least as much as they are on the lakes at like distances. Canals being entirely pro- tected from the injurious effects of tempests, the losses on them must be entirely due to collisions of boats against each other, and against the structures and shores of the canals. The injuries to vessels, to a great extent, on the lakes, are done by running against each other, and in going in and out of har- bours. The course of trade over the lakes will bring different vessels over the same place, and very fre- quently they hit each other in the wide waters. Sometimes trains of cars would be using the bridge when vessels were ready to pass, and when, perhaps, they could not stop in safety, in consequence of not having had timely notice that the bridge would be used. *' The business upon Lake Champlain has so in- creased within two years, as to present this question in an entirely new aspect. When there was but little business done on the lake, the evils of a bridge would have been small in comparison with the injury it would now inflict upon navigation ; and if the navigation interest should continue to increase, the objections to a bridge will continue to grow stronger. " The business that comes from the great lakes, must come during the ordinary season of navigation, and the competitors for it will, in the main, be compelled to carry it during the season of navigation. The railroad, being much the shortest line, will possess some advantages over the water route, and where time is important, will probably be successful. But on the other side is cheapness. The cost of a two hundred ton vessel is but little compared with that of a locomotive and train-cars, leaving out of account the cost of the road itself. The capacity of the road '^' 22 to do a freighting business is limited, and on the whole it is probable that the vessels will be, to some extent, successful competitors for this business. If a bridge were to be constructed that would not only aid the railroad, but hinder the vessels, it might be an undue interference in favour of one of the competi- tors against the other, and thus increase the cost of transportation. " A veiy large portion of all the passengers and property brought to Rouse's Point by the Northern Railroad will pass over Lake Champlain, and it is only for the remainder that a bridge is wanted, and it is not probable that the cost of transportation of that part of the business that will cross the lake will be sensibly altered, whether it goes over a bridge or is carried over in a boat. There are objections to the idea that has taken stronnj hold of the minds of some persons, of soudiiig loaded cars from Ogdensburgh to New York or Boston, that will aripc in the practical working of a great railrrjad business, that perhaps have not been fully coiisiderod. Changing passen- gers and freight from one car to another is sometimes a less evil than an extensive interchange of cars be- tween companies. **Lake Champlain cuttino- the line of railroad from Ogdensburgh to the State of Vermont is an inconve- nience and an obstruction. So is the Hudson River at Albany. All the business from the Great West that finds its wav bv railroad to Albanv, that is des- tined to go over the railroad to Boston or '^ New York city, is subjected to this inconvenie'ic o A bridge at Albany would do nmch less injiay to iiie same number of vessels than would a bridge at Rouse's Point. At Albany the water is so narrow, and the lands on eacli side are so high that winds would oo -t'nparativoly little damage, and produce but litrl*^ i.'Te^'t upon vessels passing a bridge. The railroa^i bridge at Beleoil very seriouslv injures the navigation, as appears from the testimony herewith submitted. md on the )e, to some iness. If a not only aid ight be an e competi- the cost of sengers and } Northern , and it is ited, and it tion of that ,ke will be ridge or is ons to the ids of some insburgh to e practical at perhaps iig passeu- sometimes 3f cars be- ilroad from m inconve- Ison River reat West lat is des- or '-^ New li^nco, A ury to liie br'do:e at so narrow, that winds d produce dge. The njures the f herewith 23 *' The facts learned by a visit to the place where it is proposed to construct the bridge, have now been fully stated, together with the general considerations that have presented themselves in favour of, and a"^ainst the passage of a law allowing its construc- tion ; and it only remains to add that upon a view of the whole case, it appears clear to the undersigned that the construction of a bridge as proposed, would do the interests concerned in navigating these waters, more injury than it would do good to the owners of the railroad, or the owne s of property transported thereon, ami therefore he asks to be discharged from the further consideration of the subject/' The report of Mr. Dart, who has been the active and persevering Agent of the Ogdensburgh Railroad Company in the New York Legislature, has the fol- lowing appeal, which seems to disclose the whole object of the bridge project : — *' When completed and fully equipped, the St. Law- rence and Atlantic Railroad will be a greater com- petitor for western trade with our state canals than all the railroads in our state combined. With proper allowances for equated grades, it can beat any line from Ogdensburgh to the Atlantic ports by more than one-third in distance, time, and the expenses of operation. " It is a very proper matter of consideration by the Legislature of New York, whether it be not most expedient to give all possible facility to communication by a line of railroads wholly in our territor}" in pre- ference to any diversion of trade through a foreign territory. ** It has been urged heretofore by parties opposing the bridge crossing, that the Canada Ship Canal, (canals capable of passing vessels of five or six hun- dred tons,) will be extended to the Richelieu River, for passage of the same vessels to Lake Champlain, That these vessels would take the great share of tonnage from western lakes, soon requiring enlarge- 24 ment of the Champlain Canal to the same capacity, and that a bridge at liouse's Point would interpose some obstn ?tions to this splendid scheme. " If these ship canals should be built, they are designed mainly for large propellers and lake vessels, not for the small croft passing the present canals con- nected with Lake Champlain. ** As a question of state policy of encouraging such predicted navigation, to wit tlie Canadian Ship Canals to compete with our own i-anals, in their unfinished condition, it is probable the opinion of the Legislature would quite as strongly favour the claims of the appli- cants for Rouse's Point Bridge." Senator Owen reports that — *' The evidence on the effect of a bridge ui)on the navigation of the lake, though somewhat coullicting,. preponderates strongly against the proposed bridge. ** The evidence herewith submitted, together with that already before the Senate, ihc reasons for the opinions given by witnesses, furnisli a mass of testi- mony showing the dangerous consequences which the bridge would effect upon the commercial and navi- gating interests of Lake Champlain, that it would seem to be impossible to resist. " These witnesses concur in the opinion, tliat with strong southerly or south-easterly winds it would not be safe to attempt to i)ass the draw of the bridge. *' A very considerable business is donci on these waters in t(>wing rafts of square timber, boards and lumber up the Kichclieu River, through Lake Cham- plain to Plattsburg and other places. These rafts generally consist of 100,000 to 130,000 feet of lumber. *' Many of the witnesses were of o])inion that even in mild weather it would be diflicult t<> pass the draw of the contemplated bridge with these two loads with- out breaking them up and passing them in pioces, which would be attended with serious expense and le capacity, d interpose t, they are ike vessels, canals con- rao-incf such. 3hip Canals unfinished Legislature )t" the appli- ^0 upon the conflicting, sed bridge. )2:ether with .sons for the iss of testi- ^s which the 1 and navi- lat it would n, tliat with it would not e bridge. 10 on these boards and ^ake Chani- These rafts 000 foot of >u that even iss the onse and 25 vexations delay. But in rough weather w nch m estimated to constitute a large portion of the time of the sailing season, it would be rmpossible to pass the draw with two loads of boats or ot lumber until the storm was over. Eafts are made up of a width and leno-th proportioned to their quantity. , , , , '"^ The crencral width is eighty to one hundred and twenty feet, which is fifty feet wider than is proposed to make the draw of tlie bridge. _ *♦ The evidence shows that the transportation ot lum- ber through this lake is :ncreasing each year, and that towed through the last year was cpial to double the amount which passed through the year preceding. *•■ That the construction of a bridge across tne navigable waters of Lake Champlain would most iniunouslv alfect the rapidly increasing commerce ot the lake 'cannot, from the evidence, admit ot a reasonable doubt. . ,,. i xi,^ " The hi<^h standing, the great intelligence, and the almost entfre unanimity of the witnesses m rchition to the conse^iuences that must inevitably result irom bridn-in- Lake Champlain at the point proposed, wi be /eadily seen and acknowledged by all who will take the trouble to read the evidence. By a retercnce to that evidence, Senators will discover that the commerce of that lake has, within a short period increased with almost unexampled rapidity. 1 o wnat an extent it shall g(. on increasing under the judicious and fostering care c»f the Legislature, and the enter- prise of the'pecide engaged, anasses, to the State. If the undersigned is at all correct in the conclusion arrived at, it would seem to be impossible for the Legislature of New York to do an act so suicidal as to authorise the erection of an obstruction to the free navigation of this valuable, and, fnnii its association, deeply interesting highway. " By existing treaties between the United States and Great Britain, the navigation of Lake Champlain is to be free to the vessels of l)otli nations. While these treaties remain in full force, it may well be doubted whether tliis State has a right to permit that navigation to bo either partially or wholly obstructed. If we have the right to do the one, we may the other, and so may defeat or destroy the effect of treaty stipulations solemnly made l>etween the two Govern- ments. If there should be no doubt of the legal right to do so, notwithstanding tlie promise of good faith im]dicd by these solemn treaties between the nations, there still should arise some miglity reason to demand that the " Gordinn Knot" of that faith should be cut before the deed was done. And it might be well to inquire! wliat has arisen to denuind this sacrifice of revenue, and aood faith, .'ind commercinl intercourse at our hands. It is that a private corporation reroved. Na,vigal)le Avaters arc national property, tlmlor its constitutional power to regulate commerce, tlie jjfencrnl ijovcrnment has the riirht to erect Light Houses, improve Harbours, and to remove obstructions to the free and uninterru]>ted enjoyment of its national highways. Individual states, within whoso borders such highways arc located, may, it is true, ro