DOCUMENTS.

January 14, 1837.

Minutes of the Canal Board, in the case of the petition of John A. Ehle and John Spencer, survivors of George Spencer, John Spencer and John A. Ehle, for an extra allowance on their contract to construct feeder No. 2, from the Chenango river.

Petition read.-Contract read in evidence.

ALFRED BARRETT, sworn; was resident engineer; located the work, and had charge of it for a time. The feeder was located in Nov. 1835; witness had a conversation on the subject several times with the contractors. The agreement was made the 12th January, 1836, (the date of the contract is 29th Jan. 1836.) The conversations spoken of were in December and January; snow fell deep on the 10th January; the prices were decided on the 12th January at Sherburne; they had been talked over some three or four weeks previous; Mr. Ehle seemed desirous to take the feeder; the contract was made according to the prices agreed on, on the 12th January. The prices there stated were,

For excavation, 84 cents per cubic yard;

"embankment, 10

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All the grubbing and clearing, $250.

It was agreed that the residue of the prices, that is, for other kinds of work in the contract, should be the same as those fixed in the contract for section 15, with Townsend, Cady and Pratt; the grubbing was to embrace, if required, 33 feet, and 35 feet chopping and clearing in addition, in all 68 feet; all to be done for $250. If extra grubbing and clearing were required, they were to be paid There could be no extra for at the price fixed in the contract. grubbing here. Don't know whether claimant inquired of him particularly as to the character of the excavation. Thinks there were

some shafts sunk. Supposed if the work was properly conducted, that the greater proportion of the water might be taken from it. Don't recollect whether the claimant asked the quantity of grubbing. Witness desired claimant particularly to go on and look at the work himself; was desirous that he should do it. The snow was perhaps two feet; it was after the first fall of snow of any consequence. Witness exhibited a map of the country, and de

sired him particularly to go and examine the work. The map contained the farm lots and the course of the excavation through them. Mr. Ehle went down and said he had rode along on one side, and then the other side, and looked at the grubbing, and then returned and said he had seen enough, and would take the contract.

Mr. BARRETT, recalled. Witness examined the line; thought there would be water to encounter; believed by taking a judicious course it might be partly drained; never supposed it would be entirely dry; there was a sluggish stream, which witness pointed out to claimant; told claimant the swamp was wet. There was a small stream which witness thought might be carried across the feeder by a trunk; last season there was a great deal of water; does not know that it turned out different from what he expected. Does not think the character of the work different from what the witness contemplated; there was more quicksand, which was provid ed for in the job, and has been paid for. Mr. Ehle must have understood it as a swamp job, for he said he could not ride through it; the season was unfavorable, and claimant has suffered; witness was asked by claimant whether he thought it would be a living job; witness said yes; he said so in reference to the manner in which claimant said he was going to do the job; the first piece of wood at the upper end of the job, was hemlock, beach and some scattering ash; lower down the timber had been cut off; thinks there was more ash; there was very little underbrush; timber indicated a swamp; it was understood by every body to be swampy ground; the snow was very deep; it would have been difficult to see the stakes from the road; they might have been found by going into the swamp.

Cross-examined. Says he does not know that he made any representation as to the contract; told claimant he thought $250 a liberal price for the grubbing; Mr. Ehle had a bush and timber and gravel dam in the vicinity, and supposed he might use some of the timber; thought $250 a sufficient price for the grubbing; thought as Mr. Ehle was situated, that the whole contract was a fair one for him; the great proportion of the work was done while he (wit ness) was absent,

SQUIRE M. PAGE, sworn; was assistant engineer on this work; has seen it a number of times; frequently; a considerable portion of it was stiff clay; near the bottom there was considerable loose sand and clay; for ten or fifteen chains there was perhaps a foot or more of muck on top; a great share of the work was wet; there was one considerable large stream, one small stream, and quite a number of springs; the large stream was about a third of the distance from the commencement of the section, and the small one was still nearer the commencement of the section; there was a wet hole near the road, which must have been living water; supposes it was springy all the way along the work; it was the worst job he has known on account of water; part of it, (perhaps half,)

might have been drained; the upper part could have been so drained; the lower would have been attended with a good deal of expense; the whole length of the feeder was about a mile; there was a fall of 3 feet in the last three quarters of a mile; the first quarter was level; the work was done by excavating a piece, and leaving a bar, and then pumping out by hand pumps; a great deal of the earth had to be taken out in water; should think the work was worth 18 or 20 cents a yard, to be reckoned once, that is, taking a yard from the canal and putting it into the embankment, he estimates at 18 or 20 cents; the grubbing within the stakes was worth five or six hundred dollars; the stakes vary according to the depth of the cutting, to allow for slope of banks; they were from 20 to 25 feet apart, sometimes more; the heaviest part of the grubbing was mud and water; part of the grubbing was so wet and miry, that the teams could not get round the stumps to work; the ground was wet and swampy excepting a small portion; the head of the feeder was just at the foot of the upland, in a swale ten or fifteen chains, continued through that, then meadow for 6 or 8 chains, perhaps 10; meadow was swamp before cleared; then pasture land with stumps and willow, swampy four or five chains; then woods, part of it very wet, 8 or 10 chains, some part wetter than others; the woods continued 8 or 10 chains, went over a knoll; in cutting through the knoll, found running sand in the bottom; this last piece was dry and continued for 10 or 12 chains; this was wet with running sand; then another pasture which had been swamp, about 13 chains; then into light woods, not quite so wet as the pasture, but not swamp; sandy, wet bottom; this continued 20 chains; contract terminated in the woods. From the head of the feeder the whole length of the work, the timber was hemlock, elm and black ash; the lowest ground was selected to save excavation.

PLATT CADY, Sworn; has passed through the work while it was going on; the feeder run into a swamp which was very wet; had work adjoining the south end; it was not possible to drain to the end of the work; sixteen chains below the lower end of the work there was a small stream which emptied into the river; it was a foot and a half or two feet above the bottom of the feeder; thinks so; thinks the swamp part was worth from 20 to 25 cents per cubic yard, say three-fourths of it; measuring the earth once, to be counted as embankment.

DAVID PRIME, sworn; commenced the work as foreman, the 21st June, 1836; could not do much of any thing for a day or two; there had been a rain storm; as it dried off, commenced about three chains below the guard lock, and worked down as it dried off; commenced the 5th July at the lower end; the first chain was next the creek, and it was so wet, had to go up a chain or two; tried to drain to the creek; then drained by a small ditch through Mr. Cady's section into the river; that drained to within a foot of bottom at low water in the river; when the water was up it set back [Senate, No. 36.]

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the whole way; when we got within about a foot of bottom, the water came in; supposed the water came from the river; it was springy all the way; thinks there would not be any thing made out of it at 25 cents per cubic yard; would not take it at that; there was more or less grubbing the whole way; in some parts logs were found near the bottom at about 4 feet cutting; grubbing within the stakes was worth from 5 to 6 hundred dollars, having to work in water; in some places could not drive horses or cattle, it was so wet, though we did every thing we could to drain it; in the lowest time of water it stood a foot at bottom; part of the way through the swamp, had to use axes to cut the muck; it was of roots of wild grass some 8 inches deep; when we commenced, supposed a part of it was to be dry; when we got down a little, found hard blue clay; had to pick it; men broke a great many shovels in trying to spade it.

The Board, after deliberation,

Resolved, That the claim fal

No. 38.

IN SENATE,

February 25, 1837.

REPORT

Of the committee on banks and insurance companies, on so much of the Governor's message as relates to banks, and a resolution of the Senate in relation to the Safety Fund system.

Mr. Powers, from the committee on banks and insurance companies, to which was referred so much of the Governor's message as relates to banks, and also a resolution of the Senate, instructing them to inquire what further legislation is necessary to correct the defects in the "Safety Fund" system, and secure to the people of this State a safe, and sound, and uniform currency, and to inquire into the expediency of restricting the Safety Fund banks to the receipt of six per cent interest upon their loans, and of requiring them to receive in payment and deposite each other's bills at par, or in some other way equalizing the value of their paper throughout the State, and of enlarging the Safety Fund system, and of curtailing the circulation of said banks,

REPORTS:

That the subject submitted to the consideration of the committee is, at the present period, embarrassed by several peculiar difficulties, which the interests of the State demand should be explicitly stated.

Ever since the refusal of the General Government to renew the charter of the United States Bank, the Safety Fund institutions of this State have experienced the unmitigated hostility of politi[Senate No. 38.]

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